EnvironmentalIntermediateNorth Carolina Exam

Which of the following best describes a 'wetland' and why it is important in NC real estate transactions?

AAny land that floods during heavy rain; no special rules apply
BLand characterized by water saturation that supports specific vegetation; development may require Army Corps of Engineers permitsCorrect
CLow-lying land near the coast exempt from CAMA rules
DAgricultural land that has been flooded intentionally for farming, though the exact requirements can vary somewhat by jurisdiction

Why Land characterized by water saturation that supports specific vegetation; development may require Army Corps of Engineers permits Is Correct

Answer B: Land characterized by water saturation that supports specific vegetation; development may require Army Corps of Engineers permits

Under the Clean Water Act, EPA and the Army Corps of Engineers define wetlands as areas inundated or saturated by surface or ground water often enough to support, and that normally do support, vegetation typically adapted to saturated soil, such as swamps, marshes and bogs. Section 404 requires a permit from the Corps or an authorized state for discharging dredged or fill material into waters of the United States, including wetlands. A buyer planning construction should check for wetlands before development.

Source: EPA, How Wetlands are Defined and Identified under CWA Section 404

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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