Wetlands and Flood Plains Development

Our attorneys have the experience to advise you on the complex regulation of wetlands and flood plains, particularly in real estate development and subsequent administrative or legal enforcement. The attorneys in our national practice help private entities work with governmental agencies on the state, local and federal regulations covering development in water ways, wetlands and flood plains.

Barnes & Thornburg attorneys work with clients and wetlands consultants to assess the presence, amount and type of wetlands on their project and determine whether a permit is necessary and, if so, which type of permit is appropriate. It’s important to know the lay of the land, and our environmental attorneys have the knowledge and experience to assist with due diligence as part of the permitting process and to advise on permit appeals. In this capacity, our attorneys have helped clients with: 

  • Federal and state wetlands jurisdiction evaluation 
  • Wetlands permit determination assistance 
  • Individual and general permit negotiation, including negotiating wetlands mitigation requirements 
  • Nationwide and regional general permits 
  • Floodway and flood plain permits (state and local) 
  • Permit appeals, including state and federal administrative appeals 
  • U.S. Department of Agriculture (USDA), Natural Resources Conservation Services (NRCS), Wetlands Conservation Provisions and swampbuster contracts 
  • After-the-fact permitting 
  • Defense of administrative and legal enforcement of alleged violations of federal and state wetlands laws

Our attorneys also recently assisted several parties submit comments to EPA on the so-called Waters of the United States rulemaking.

Contacts