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In response to mounting concerns over decades of environmental exploitation (which contaminated our air, water and soil) the Federal government enacted the National Environmental Protection Act (NEPA) in 1969. This act sets forth its purpose:

" to declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality"

In addition State and Local governments have passed their own legislation to further protect/conserve natural resources of particular concern to their communities. For example, the Town of Smithfield, Rhode Island has municipal ordinances where they determine development strategies based on the types of soils underlying the site as well as other site characteristics such as topography.

Understanding these laws and their application to your property can be frustrating and confusing. UDM can identify those laws which apply to your property/proposed project and inform you as to whether or not permits are needed for proposed activities.

Table One identifies the laws in which UDM has expertise. In addition, UDM can also identify circumstances in which overlapping jurisdiction will occur and will provide you with the order in which to seek approvals and how to best avoid costly delays by coordinating agency contacts.

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**Table One**
Law	Overseeing Agency	Brief Description
Section 404 of the Clean Water Act	U.S. Army Corps of Engineers	Regulates the discharge of fill or dredge materials into Waters* of the U.S.
Section 401 of the Clean Water Act	Federal law administered by the State environmental agencies (RIDEM Division of Water Resources)	Regulates the discharge of pollutants into Waters* of the U.S.
Section 402 of the Clean Water Act	Federal law administered by the State environmental agencies.(RIDEM, Division of Water Resources)	Regulates the discharge of pollutants from construction activities into Waters* of the U.S.
Section 9 of the Rivers and Harbors Act of 1899	U.S. Army Corps of Engineers	Regulates construction of bridges, dikes, and dams across **Navigable Waters of the U.S.
Section 10 of the Rivers and Harbors Act of 1899	U.S. Army Corps of Engineers	Regulates construction of causeways, jetties, or any other fill structures in **Navigable Waters of the U.S.
General Bridge Act of 1946 (Parts 114 & 115 of Title 33 Code of Federal Regulations)	U.S. Coast Guard	Regulates construction of bridges across **Navigable Waters of the U.S.
Coastal Zone Management Act of 1972	Federal Law. Consistency determined by the State Coastal Programs.	Oversees activities in the coastal zone
Rhode Island Freshwater Wetlands Act	RIDEM Freshwater Wetlands Programs	Regulates work in or near freshwater wetlands (swamps, ponds, streams etc.)
Rhode Island Coastal Resources Management Act	Coastal Resource Management Council	Regulates work in or within 200' of a coastal feature (marsh, bluff, tidewaters etc.)
42 USC 9601 (E 1528)	Environmental Protection Agency	Phase 1 Superfund Investigation

Definitions for Table One:

*Waters of the Unites States" is a broad term encompassing tidal and fresh waters, lakes, streams, rivers, mudflats. sandflats, wetlands, sloughs, wet meadows, natural ponds and all waters that are defined as "Navigable Waters" below.

** "Navigable Waters of the Unites States" means those waters of the United States that are subject to the ebb and flow of the tide shoreward to the Mean High Water Mark and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce.