RURAL ROADS MAINTENANCE
ENVIRONMENTAL
CONSIDERATIONS
INTRODUCTION TO BEST MANAGEMENT
PRACTICES
ENVIRONMENTALY SENSITIVE
MAINTENANCE
PURPOSE AND SCOPE
Develop maintenance operations and
procedures that are reasonable and
effectively reduce sedimentation and
other environmental impacts that can
occur with the normal maintenance
activities of local highway jurisdictions
and other rural roads.
INTRODUCTION TO ENVIRONMENTAL
REGULATORY AGENCIES
FEDERAL AGENCIES
Environmental Protection Agency (EPA); Bureau of
Land Management (BLM); US Forest Service;
National Oceanic and Atmospheric Agency Fisheries;
CORP OF ENGINEERS;
STATE AGENCIES
Idaho Department of Environmental Quality (DEQ);
Idaho Lands; Idaho Fish and Game; Idaho Department
of Water Resources
ENVIRONMENTAL PROTECTION AGENCY

The United States Environmental Protection Agency (EPA) was formed
in 1970 to enforce environmental compliance and consolidate federal
pollution control activities.
 Water Quality Act of 1965
 Federal Water Pollution Control Act Amendments of 1972 (FWPCA)
 Clean Water Act (CWA) of 1977
 Water Quality Act (WQA) of 1987
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Idaho Department of
Environmental Quality

The Department of Environmental Quality is the
agency designated in the state of Idaho to make
section 401 of the Clean Water Act certification
decisions. Currently the duties of this program are
coordinated from the DEQ State Office and
administered from six regional offices.
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US Army Corps of Engineers
The Corps of Engineers has authority
over discharge of dredge and fill
materials in waters of the US under the
Clean Water Act
 404 Permit requirements

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Bureau of Land Management

The BLM has jurisdiction over unappropriated public
lands. Responsible for developing and maintaining
standards and procedures for transportation systems
planning on public lands. Land management activities
must comply with sustained yield and multiple use
requirements of the Federal Land Policy and
Management Act of 1976.
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Forest Service


The U.S. D.A. – Forest Service has authority to
manage National Forest Lands as delineated in the
National Forest Management Act.
Forest Service Policy is guided by the Federal Land
Policy and Management Act of 1976
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NOAA Fisheries

“One of the greatest long-term threats to the viability of
commercial and recreational fisheries is the continuing
loss of marine, estuarine, and other aquatic
habitats. Habitat considerations should receive
increased attention for the conservation and
management of fishery resources of the United
States”. – Magnuson-Stevens Act, 1996
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Idaho Department of Lands

The Idaho Department of Lands has jurisdiction over
private and state endowment lands as set forth in
“Statutes and Regulations Pertaining in the Idaho
Department of Public Lands”, 1976. IDL administers
the Idaho Forest Practices Act of 1974, which includes
minimum standards for road construction and
maintenance on non federal lands.
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Idaho Department of Water
Resources

37.03.07 - STREAM CHANNEL ALTERATION
ACT.
 37.03.08 - WATER APPROPRIATION RULES
 37.03.11 - RULES FOR CONJUNCTIVE
MANAGEMENT OF SURFACE AND
GROUND WATER RESOURCES
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Stream Channel Protection Act

Provides protection of fish and wildlife
habitat, aquatic life, recreation, aesthetic
beauty and water quality
 Applies to any type of alteration work
done inside the ordinary high water marks
of a continuously flowing stream
 Requires a permit before any work can
begin that will alter the stream channel
Idaho Department of Fish and
Game
Endangered Species
 Animal crossings
 Wild life habitat

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Forest Practices Act

Establishes
minimum standards
for logging, road
building and other
forest practices
 Provides assistance
and inspections
Additional Agencies
Idaho Association of Soil Conservation
Districts (IASCD)
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 National Resource Conservation Service
(NRCS)
82
 United States Geological Survey 86
 Weed-Free Forage/Straw Distributors 86

FEDERAL REGULATIONS

Clean Water Act
NPDES I & II
 404 Permit

Endangered Species
 Historical and Archeological

CLEAN WATER ACT
Enacted in 1972
 1972





Only a third of the nation’s waters were safe for fishing and swimming
Wetland losses were estimated at about 460,000 acres annually
Agricultural runoff resulted in erosion of 2.25 billion tons
Today



Two thirds of the nation’s waters are safe for fishing and swimming
Wetland losses are down to 70,000 acres
Agricultural runoff has been cut by 1 billion tons
Erosion and Sedimentation
Control Requirements





National Pollutant discharge Elimination System
(NPDES) Storm Water Permit
Corps of Engineers Section 404 Permit
Storm Water Pollution Prevention Plan
Idaho Department of Water Resources Stream
Encroachment Permit
City and County Permits
PERMITS
The Department of Water Resources Stream Alteration
Permit is required for construction in perennial streams
The Corps of Engineers 404 Permit is required for the
discharge of dredged or fill materials into waters
(including wetlands) of the U.S.
PERMITS
National Pollution Discharge Elimination System (NPDES) permits
must be obtained for construction projects with storm water
discharges from construction sites.
1. There is ground disturbance such as grading, clearing and
grubbing, and excavation
2. The area of the ground exceeds 1 acre for phase II. Effective
March 10, 2003
3. There is a point discharge into waters of the U.S.
DEFINITIONS
Pollutant - Any type of industrial, municipal, and
agricultural waste discharged into water
Point Source - Any discernible, confined and discrete
conveyance, such as a pipe, ditch, channel, tunnel,
conduit, discrete fissure, or container from which
pollutants are or may be discharged from.
DEFINITIONS
Waters of the U.S. - Navigable waters, tributaries to
navigable waters, interstate waters, the oceans out to
200 miles, and intrastate waters which are used: by
interstate travelers for recreation or other purposes, as
a source of fish or shellfish sold in interstate
commerce, or for industrial purposes by industries
engaged in interstate commerce.