Silviculture: On the Road to Greater Clarity

In 1977, the U.S. Congress reauthorized and amended the Clean Water Act (CWA) for the first time. During the debates surrounding this legislation, a strong contingent of senators and house members (who were working closely with the powerful silviculture, farming, and ranching lobbies) banded together to try to roll back federal jurisdiction under CWA §404. The contingent argued that jurisdiction of the §404 program should be limited to navigable-in-fact waters and their adjacent wetlands. Although their endeavor ultimately failed, they were able to secure enough votes for a compromise bill that carved out exemptions from the §404 permit requirements for certain silviculture, farming, and ranching activities.