The Herring River is not in compliance with the federal Clean Water Act of 1972. That violation appears to be the National Seashore's primary driving force behind the Herring River Restoration Project. Proponents of the project have emphasized the (purported) environmental superiority of a saltwater marsh over the existing freshwater wetlands. Both arguments have helped garner strong public support for the project.

Below are the excerpts relating to the Herring River (Wellfleet) in the report filed with the U.S. Environmental Protection Agency (EPA) by the Massachusetts Department of Environmental Protection (DEP) in November 2021. These are the impairments the Herring River restoration is designed to correct.

Here is the entire 225-page report: Final Massachusetts Integrated List of Waters for the Clean Water Act 2018/2020 Reporting Cycle

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