Commission to pursue mitigation planning while awaiting jurisdictional wetlands determination

Daggett County staff briefed the commission on recent guidance affecting wetlands jurisdiction and the implications for upcoming construction work.

Speaker 2 summarized a March 5 memo clarifying how jurisdiction is determined: unless wetlands are connected to a continuous stream that flows to Flaming Gorge (the waters of the U.S. referenced in the memo), they may not be jurisdictional. "If there's a really good stream that goes through the wetlands and connects to the Flaming Gorge, they're really connected," Speaker 2 said, but added much of the county's wetlands appear to be irrigation‑driven and not perennial.

Given that uncertainty, staff recommended a two‑pronged approach: immediately begin mitigation planning (for example, pursuing conservation easements or acquiring property adjacent to highways with wetlands) while concurrently seeking a formal jurisdictional determination from the U.S. Army Corps of Engineers and Utah DEQ. Speaker 2 said the agencies suggested this process could be fairly quick in some cases: "it should be able to get a fairly fast rate ... maybe a couple months," though outcomes depend on whether features are under a tenth of an acre or otherwise require mitigation.

Commissioners raised concerns about sequencing: staff cautioned the county should have an approved mitigation plan before finalizing construction contracts and noted typical mitigation monitoring obligations can last multiple years; the county would remain responsible for long‑term mitigation compliance, not necessarily a contractor.

The commission directed staff to continue work on mitigation options, coordinate with the Army Corps and Utah DEQ on jurisdictional determinations, and prepare required documentation for public posting on the EA and any FONSI steps.