ABSTRACT
A unifying theme illustrated by both Alaska and Florida, however, is that the degree to which states establish regulatory protections for threatened or endangered species is driven to a large extent by economic considerations. The Maryland wetlands acts are not restricted from regulation if hydrologically isolated from navigable waters, although the state offers some permitting for impacts to isolated wetlands. Both Maryland wetlands acts protect their respective wetland type in a manner similar to Section 404 of the Clean Water Act. Because it does not extend to private sector land development projects, the Maryland Environmental Policy Act is less sweeping than either the Forest Conservation Act or Chesapeake Bay Critical Area Act, although it adds another level of public participation to state projects. However, like most states without direct wetland protection statutes, the Texas Commission on Environmental Quality retains the ability to regulate wetland impacts indirectly through the Section 401 Water Quality Certification process under the federal Clean Water Act.
