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Real Estate Law Test 3
32-Land Use Controls-Wetlands, The Public Trust, Beaches, and Navigable Waters
10
Real Estate & Planning
Undergraduate 4
11/02/2009

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Cards

Term
Two types of wetlands
Definition

  1. Inland wetlands are marshes
  2. Coastal wetlands are estuarian lands or salt marshes

Term
Wetlands are an important natural resource because of the following:
Definition

  • Natures way of controlling flooding
  • Inland wetlands maintain groundwater at proper levels
  • Estuarian wetlands are an important food source
  • Absorb polluted air and water

Term

The federal Clean Water Act requires that a permit be issued before a nontidal wetland can be filled or dredged materials placed into the wetlands.

T/F

Definition
True
Term
Wetland
Definition
an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted to saturated soil conditions.
Term

The Supreme Court has recently ruled that a wetland is found because migratory birds use it as a habitat.

T/F

Definition
False
Term

The designation of an area as a wetland does not always constitute a taking.

T/F

Definition
True
Term
Who are permits for wetland development issued by?
Definition
Army corp of engineers
Term
When will a corp issue a permit?
Definition
if such activities, taken individually or together, are similar in nature and cause only minimal adverse environmental effects.
Term
The public trust doctrine...
Definition
the state has ownership to all tidelands, the spaces between ordinary high and low water marks, the bed of a bay, and all bodies of land arising from the bay floor.....this test is whether they are tidal land, and not whether navigable ...ownership passed when the state was admitted to the union
Term
What constitutes naviagable?
Definition
an area is navigable if it is or once was navigable, or if it is or once was part of the tidelands and marshlands of the aquatic ecosystem surrounding the navigable water.
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