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House approves bill restricting local wetlands designation to federal determinations
Summary
The Utah House passed Senate Bill 183 limiting local governments’ authority to designate wetlands unless those areas have been designated by a federal agency (the Army Corps of Engineers). Supporters said the change preserves a consistent standard; opponents said it would strip local control and leave locally important wetlands unprotected.
Representative Hughes urged support for Senate Bill 183, saying the measure would prevent municipalities and counties from treating land as wetlands unless it had been federally designated by the U.S. Army Corps of Engineers. “It’s a simple bill and a bill worthy of your support,” Hughes said.
Representative Becker objected, arguing the bill takes authority from local elected officials who “know their local conditions” and use public participation processes to determine sensitive lands. “For us to pass a bill like this and just to say that local governments can make no determinations about wetlands is wrong headed,” Becker said.
Several members recounted local experiences: Representative Fairey described small, non-navigable wetland parcels identified through soil and hydrological surveys, and Representative Brown said prior federal designations had created obstacles for landowners, recounting a dispute over a puddle designated as wetland that required years to delist. Representative Harrod framed the bill as a property-rights issue and urged support.
The House invoked the previous question to cut off debate and put the bill to a vote. Senate Bill 183 received 52 yes votes and 16 no votes and passed the House; it will be signed by the Speaker and transmitted to the Senate for the President’s signature.
The bill’s supporters said it ensures consistency with federal delineations; opponents warned it could prevent local governments from protecting wetlands that do not meet a federal navigability-based standard.
