ctic wetlands

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WetlandsA Component o an Integrated Farming Operation

A Publication Written and Produced by theConservation Technology Inormation Center


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Produced in September 2008 through Cooperative Agree-

ment Number X7-83163101-0 between the U.S. Environ-

mental Protection Agency and the Conservation Technol-

ogy Inormation Center.

Conservation Technology Inormation Center (CTIC)

is a not-or-proft organization dedicated to advancing

reliable, proftable solutions or improving the relation-

ship between agriculture and the environment. CTIC

provides inormation, education, training and consulting

services to members and partners working to increase

conservation and improve profts in agriculture.

3495 Kent Avenue, Suite J100

West Laayette, Indiana 47906-1073

Tel: 765.494.9555

E-mail: [email protected]

Web: www.conservationinormation.org

The Conservation Technology Inormation Center has

compiled this document to highlight success stories in

wetland restoration across the country. It is designed to

provide armers and others a greater understanding o the

technical and social aspects o wetland restoration, in-

cluding the many options available to armers interested in

restoring wetlands on their property. Mention o organiza-

tions or products in this document does not const itute en-

dorsement by CTIC or the U.S. Environmental Protection

Agency but is intended to provide inormation, resources

and/or assistance the users may then evaluate in terms

o their own needs. CTIC prohibits discrimination on the

basis o race, color, national origin, gender, religion, age,

disability, political belies, sexual orientation and marital or

amily status. Cover Photos: Steve Werblow.

The Conservation Technology Information Center thanks

Dr. Norman Melvin of the Natural Resources Conserva-

tion Service and Dr. Daryl Jones of Mississippi State Uni-

versity for their help with the text of this document.

Design: Davis Design Partners

Photography: Steve Werblow, except where noted

Illustration: Eden Beth Gallanter


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Introduction

Weve come a long way rom thinking o wetlands as the enemy.The growing understanding o

the dramatic roles that wetlands play in saeguarding water quality and protecting working land is

complemented by a growing appreciation or the subtleties o dierent wetland environments. Wet-

lands are as unique as the land theyre situated upon, as individual as your arm or ranch.

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Our ShrinkingWe t l a ndsIn the Lower 48 states, more than half of

the wetlands that existed when the Pilgrims

landed have been drained or converted to

other uses. Nearly half of the states have lost

more than 50 percent of their wetlands, and

some, including California, Illinois, Indiana,

Iowa, Kentucky, Missouri and Ohio, have lost

more than 80 percent.

And despite a growing awareness of the

importance of wetlands, the contiguous U.S.

lost nearly 60,000 acres of wetlands per year

between 1986 and 1997. The good news i s

that the rate of loss was about 10 percent of

what it had been in the previous few decades.The bad news is that lost wetlands represent

lost benets to the land and the ecosystem.

More recent informationstudies in 2004 and

2006indicate that we are now restoring the

same number of wetland acres per year that

we are losing.

Protecting, restoring or enhancing a wet-

land on your farm reverses a tragic trend, and

could offer signicant advantageson the

farm level as well as the ecosystem level.


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Wetlands A Component o an Integrated Farming Operation/ 2 /

What is a Wetland?T bc w, b U.S. E Pc Ac (EPA),

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he Dein itiono WetlandsThe U.S. EPA denes wetlands as follows,

after specically excluding prior converted

cropland:

40 CFR 230.3(t) The term wetlands

means those areas that are inundated

or saturated by surace or ground water

at a requency and duration suicient

to support, and that under normal

circumstances do support, a prevalenceo vegetation typically adapted or lie

in saturated soil conditions. Wetlands

generally include swamps, marshes,

bogs and similar areas.

Water constantly works its way through a

hydrologic cycle of evaporation, precipitation,

inltration and percolation. Wetlands perform

vital roles in all aspects of the cycle, including

capturing rain so it can recharge groundwa-

ter supplies.

The Hydrologic Cycle


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Prairie potholes, Minnesota.

According to the Izaak Walton

League, more than 300 spe-

cies of birds rely on these vital

watering holes in the Upper Mid-

west; 50 to 80 percent of North

Americas migrating waterfowl

use them.

Wet meadows, southern Colo-

rado. Critical wildlife (and live-

stock) feeding grounds as otherarid highland soils dry up.

Playas, New Mexico. Shallow,

rain-and-snow-fed wetlands in

the southernHigh Plains feed

more than 1 million ducks, as well

as hundreds of thousands more

birds, along the Central Flyway.

Emergent marshes (or hemi-

marshes), Illinois. These wet-

lands, marked by a combination

of open water and stands of

grass, sedge or rush, are impor-tant breeding grounds for plants

and animals, and valuable feed-

ing grounds for the creatures

that prey upon them.

Mangrove swamps, Florida.

Strong roots and complex eco-

systems support wildlife and

protect coastal property.

The Rainwater Basin,

Nebraska. Wetlands covering

17 counties in south-central

Nebraska nurture migratory

birds, including sandhill cranes,

as well as raptors and other

species.

Kettle bogs, Massachusetts.

These rain-fed remnants of

glacial scouring are oases for

wildlife, as well as rare plants.

Pocosins, North Carolina.

With their abundant crops of

wild berries, these thickly veg-

etated depressions are loaded

with wildlife, from salamanders

to songbirds to bears.

Riparian belts,

Oregon.Streambanks provide water for

vegetation that, in turn, shades

the water and keeps it cool

enough for young sh, including

trout and salmon. The vegeta-

tion can also support wildlife

and livestock.

Green tree reservoirs,

Mississippi. Carefully managed

ooded dormant hardwood

stands shelter nesting and

foraging waterfowl.

Vernal pools, Ohio and

California. Seasonally wet

vernal pools lack sh, which

makes them perfect breeding

grounds for amphibians

and crustaceans that thrive

without predation.

Some Common ypes o Wetl andsWetlands are as diverse as the landscapes they occupy. Here are some examples of invaluable freshwater

wetland habitats around the country:

Wherever you farm, theres likely to be a type of wetland native to your area. And chances are, your work

protecting or enhancing it could have a tremendous impact on your local environmentand an impact that may

be felt from pole to pole, as birds migrate from your land to their seasonal breeding grounds as far away as

South America and the Arctic.

Seasonal Wet Meadow,Oregon

Riparian Belt,Idaho

Mangrove Wetland,Florida


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hree ypes

o WetlandsBeyond the broad denition of wetlands

saturated land that can support vegetation

that tolerates wet soilsthere are more

specic denitions. Though other regions

have other types of wetlands, the three

specic types of wetlands dened by the

State of Louisiana help shed light on some

important characteristics:

Hydrologic : covered with water or satu-

rated to within 12 inches of the soil surface.

Hydrophytic : inundated for part of the

year. At least half of the plants present

grow in saturated or wet soils.

Hydric : peat muck or heavy clay soils,

which are anaerobic at the surface at

least part of the time.

ChrisEvans,BugwoodNetwork


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What Do Wetlands Do?T w q, W b c w b.

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Well-designed wetlands perform a host of important roles in protecting water quality. Upland buffer vegetation

slows runoff from cropland, reducing its erosive potential and causing the water to drop much of its sediment load.

Wetland plants trap more sediment and use nutrients in the runoff to create biomass, sequestering carbon in the

process. Where wetland soils meet the water, aerobic bacteria break down many pesticides. Chemical reactions

in the wetland environment also engage in denitrication, conver ting nitrates into gaseous molecular nitrogen that

dissipates into the atmosphere. By the time water settles into pools and puddles, it can be signicantly cleaner

than when it began its journey from the eld.

How Wetlands Work


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Can Wetlands CleanUp ile Dr ainage?One of the great ironies of creating 14 acres

of wetlands on the 250-acre Franklin Farmoperated by The Nature Conservancy (TNC)

near Lexington, Ill., is that the Conservancy

had to lay in new tile to get the project started.

With funding from the Environmental Qual-

ity Incentives Program (EQIP) and the Conser-

vation Reserve Program (CRP) and help from

the McLean County NRCS staff, the countys

Soil and Water Conservation District, Dr. David

Kovaic from University of Illinois, and the

Franklin family, which owns the farm, The Con-

servancy created carefully sized wetlands to

study the proper ratio of wetlands to cropland

for removing nitrates from water carried by tile

lines that drain into the bermed-off parcels. The

team created wetlands that sized at 3, 6 and 9

percent of the area of adjacent farmed elds.

TNC science technician Tim Lindenbaum

says early data showed a 30-to-90-percent

removal of nitrates from drainage water,

depending on the wetland acreage. The key

element appears to be how long water is

retained in the wetland before owing to the

nearby river. TNC aquatic ecologist Maria

Lemke also notes that the wetlands appear

to be helping reduce phosphorus, too.

In addition to reducing the nutrient load

from tile drainwater, the new wetlands also

have attracted a variety of birds and wildlife,

including sandhill cranes, migrating waterfowl,

raccoons and deer, notes Lindenbaum.

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Ohio WetlandSaves Soil, Headahes

a nd MoneyMany elds have a trouble spot, and one patch

on a 100-acre eld that Marvin Bumb farmswith his father and brother near Bellevue, Ohio,

was a little corner that posed big problems.

Adjacent to a wooded area, the 2.2-acre par-

cel was shaded, wet and prone to washing out

deep ruts during heavy storms. We couldnt

get equipment across the gullies, says Bumb.

Silt from the gullies ended up on a neighbors

property or in drainage ditches, blocking tile

outlets and blowing out the elds drainage

system with alarming regularity.

Instead of ghting the inevitable ood again,

the Bumbs worked with NRCS technicians to

create a wetland on the problem parcel. Today,

the wetland holds water all year long, even

during most storms. A berm holds back most

ows, and a spillway allows extreme storms

to drain into a tile main that shunts the water

cleanly and safely into a ditch. A grassed

border around the wetland stabilizes the soil

and provides habitat for wildlifeBumbs only

maintenance is a dose of 2,4-D in late spring to

control thistles and other noxious weeds.

Its turned out even better than I expected,

says Bumb of his wetland. We never really

grew anything next to the woods because of

the shade and the wetness. The benets of not

farming that land, and of being able to farm the

rest of the eld without the erosion, more than

offset the acreage we lost. If I had to do it all

again, Id do exactly the same thing.


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F 10 w jc, w Wetlands: A More Proftable Alternative

C c I C wb (www.conservationinformation.org/?action=learningcenter_publications_wetlands ).

Wi ldl ie Va lue

May Beat CropsOn Wet GroundHard-to-farm ground may shine when the

key product is recreation instead of corn,

beans or cotton, says Daryl Jones of the

Natural Resource Enterprises Program at

Mississippi State University. Recreational

enterprises can make marginal acreage

and the whole farmmuch more protable

than putting it under the plow, Jones says.

In 2001, there were 13 million hunters,34 million anglers and 66 million people who

went wildlife watching in Mississippi, says

Jones. Those people are willing to spend

good money to enjoy their hobbies, which

is why recreational enterprises such as fee

hunting or wildlife guide services can become

big revenue streams on farms. Enhancing

habitat through wetland restoration or

management can add signicant value.

Jones and his colleagues offer a

wealth of information on the Natural

Resources Enterprise Program web site

(www.naturalresources.msstate.edu/),

including studies on protability, details on

landowner liability and other related topics.DennisClay


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Getting Started


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Restoring A Wetland: Getting StartedPc, b w . P b c -

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NRCS soil maps dene specic soil types on

nearly every parcel of land in the U.S. In fact,

as of summer 2007, soil maps for 95 percent

of U.S. counties were available online at

http://websoilsurvey.nrcs.usda.gov/app/.

Your local NRCS oice will have maps and data

on local hydrology, soils and topographyandtechnicians who will help you apply the information.

The Federal Emergency Management Agency

(FEMA) has foodplain maps that can help you

site a wetland. For just a few dollars apiece,

maps are available for download or may be

ordered in printed form at http://msc.ema.gov/

webapp/wcs/stores/servlet/FemaWelcomeVie

w?storeId=10001&catalogId=10001&langId=-1

Your local water management district will have

details on drainage, ow and elevation for its ser-

vice areaall invaluable for planning a wetland.

The U.S. Fish and Wildlife Services National

Wetlands Inventory can provide maps of

wetlands for download at http://wetlandsws.

er.usgs.gov/NWI/index.html .

The Conservation Technology Inormation

Center offers a variety of resources on its

www.conservationinormation.orgweb site,including a book of wetlands case studies called

Wetlands: A More Proftable Alternative?

Your local extension agent may have insight

on wetlands and wetland issues.

Check your local library or historical society

for old photos of your areasome may have

captured wetlands or native vegetation right on

your property.

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Vital InormationResearch on site selection can make or break a wetland project. There are several sources for vital

information on the soils and water that dene your wetland site:


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Ho Deep?The depth of a wetland is a key factor in

what it does and how well it functions. Plant

and animal species have specic habitat

requirements or preferences. For instance,

of the 156 bird species that use moist-soil

wetlands, 131 prefer water depths of 10

inches or less, according to the University

of Missouri.

The water level in shallow wetlands can

also be drawn up and down to ease access to

food sources such as submerged vegetation

and seeds, or arthropods like craysh and

insects. The less energy a bird has to expend

to get to its food, the more reserves it will

have for migration or reproduction.

Remember: the most effective wetlands

are not shing holesbut they are innitely

more valuable to the ecosystem.


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Buers : Look Beyond

the WetlandThe saturated area of a wetland project is

obviously the heart of the effort, but a suc-

cessful wetland also includes upland buffers.

Those are the areas that protect the wetland

from rushing stormwater, that lter out some

contaminants before they reach the wetland,

and that harbor the nests and roosts of wild-

life that feed in the wetland.

Well-designed buffers are built to function.

Edge habitat encourages predatorsfor better

or worse, depending upon your goals. Certain

vegetation invites specic species to breed

or seek shelter for the night. Cool-season

grasses can serve as a rebreak during dry

seasons.

Not only can you look beyond your wet-

landbe sure to look beyond your property

line. A neighbors woodlot may make your

wetland function better by providing shelter for

wetland wildlife, or her Conservation Reserve

Program (CRP) planting may serve as a lterfor runoff water headed your way. Once you

have mapped out your wetland and buffers,

check with your conservation district or NRCS

staffyour neighbor might be able to enroll

in the same conservation program as you to

get paid for enhancing your wetland.


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Riparian RestorationBoosts ForageWhen members of the Petes Creek

Partnership purchased a 1,200-acre ranch

near Susanville, Calif. in 1993, they saw a

patchwork of riparian areas, wet meadows,

wetlands and sagebrush uplands that had

been profoundly disturbed by overuse of

the creek that served as the cornerstone

of the system. A lack of riparian vegetation

led to erosion. Erosion led to downcutting of

the creek bottom. A lower creek bottom, as

well as diversions of water from the creek

to irrigate pastures, dropped the water table

below the level of the wet meadows. Normally

wet grazing areas dried up and became

covered with low-nutrition sagebrush.

With the help of NRCS and the U.S. Fish

and Wildlife Services Partners for Fish and

Wildlife Program, the partnership fenced off

1.25 miles of the creek and began an aggres-

sive restoration of streamside vegetation

and the removal of sage from former grazing

meadows. In addition to the creek restora-

tion, the owners instituted a rotational grazing

program to mimic the effects of ancient herdson the landscape, allowing cattle to efciently

utilize more of the available forage, then let-

ting the land rest before grazing resumes.

Within four years, the results were abun-

dantly clear. The riparian buffer grew lush and

grazing areas improvedin fact, stocking rates

jumped from 200 cow-calf pairs to 300 pairs,

an outstanding illustration that doing good can

also help livestock producers do well.

Healthy riparian vegetation can bolster stream-

banks, reducing erosion and shading the water.

Managed well, riparian vegetation can benet both

livestock and wildlife: lush for weeks or months

after upland vegetation goes dormant, it can extendgrazing and browsing opportunities.


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ConstructionCapturing Vital Water c w , b c b c c w

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It is also absolutely imperative that you get approval rom state and ederal authoritiesincluding

environmental protection agencies, NRCSand theU.S.Army Corps o Engineersbeore turning the frst

bucket o earth on a wetland. Unauthorized alteration o a wetland, even i it is well-intentioned, could

lead to denial o arm program services as well as huge fnes.

Managing tile (above) is a central part of many wet-

land construction projects. Plugging or breaking

old tile lines can help keep water on the land. If the

lines provide drainage for neighbors, replace perfo-

rated line with non-perforated tile under your land.

Constructing berms and dikes (below) requires

engineering and planning. Get help from NRCS or

a consultant to make sure your project is designed

well, built to last, discourages pests and complies

with program standards.


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The terms of your conserva-

tion easement or wetlands

mitigation banking charter

may require very thorough

monitoringa monitoring

program is an important

way to ensure that you are

on-track, your structures are

working properly, the earth-

work isnt failing, vegetation

is reestablishing adequately

and to catch invaders before

they get too far ahead of you.


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VolunteersLoal

Laor at the Ready Planting, monitoring and weeding wetlands

can be arduous work, and a large site could

require a signicant amount of labor. Fortu-

nately, legions of environmentally minded

people are likely to be eager to help you

succeed.

Contact local environmental groups,

wildlife organizations, conservation districts,

Boy Scout troops or other youth organizations

to see if they can provide a volunteer team

to assist you in your wetland project.

Its a win-win situationyou get help,

volunteers get the satisfaction of knowing

they helped restore or establish valuable

habitat and the wetland project gets a

signicant boost.

Succession is the natural cycle of plant community development. In a wetland project, it can begin with newly

worked ground and build from a ush of annual grasses to eventually develop into woodland or native prairie.

Wetlands are often managed to maintain earlier succession communities, which provide valuable habitat that may

have been plowed under or grown over in other parts of the area.

The Value of Succession


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b, c w b c cc

Phragmites c cz w w c w .

S Iw c j c w c c

c c c , qc c -

c c.I c , c c -

, . A c z c -

b b w, c b (

) -bw w. I , c c c,

w c b b c c w

.

F, c cc c w , -

bc z c w, x . T

x c. I b w c c cb cc cc c, c c c. W,

c b c, w b.

T c c b w .

B w w c b c

w w c w c c. C-

- c c c . W w

b, b ww - c cc b w.

Water control structures all ow you to manage water

depth and timing. Good planning and management

can help encourage a diverse community of desir-

able vegetation, create good habitat waterfowl and

other wildlife, and even adjust sedimentation levels

to create a properly functioning wetland.


23/40

/ 21 /

Manage Water CareullyI w, w c c cc c w. B

w w w, w c cc.

T wc w w c c w

w c. S w c c b c c b -

b .

Dw w w cc c cc c

c c w c . A -

ww w cc, w, b.

c, w x b c DDD, D-

, c b Dc U b P C.D c b . W cc w c D-

c b

c, w- b, b b . C

, c Phragmites c, c b c b w . O,

cw, c.

T . Hw w w

c A w w w I qc, c

w c c . Aw w w

w b w w w w c w c w .

. c , c ww Mc A;

- , ww. V ww

cNRCS M -

w w c c b w c .

Cc w c b w c ; c NRCS fc

w w.

Pigweed is not a welcome guest on cropland, but

it is an outstanding source of nutrition for birds and

other wetland wildlife.


24/40


Scc w c c c. V-

b wwc b b - , b w b w w b

. T w x c w

jc.

O c, b b w ww, q c w

- w.

Funding Your Wetland ProjectR w q . F, bc w c

c ,

w- w jc.

T b x c c c (

c w c c c c). Dc b

w- . T c b cc c cb

b c NRCS b c.

T b w z, c-

. P w c b c w jc b

b c , w w b

b -w c wc w c.

F c c. Hw,

c w , c:

Wetlands Reserve Program (WRP)F b F B bNRCS,WRP w

z 2.3 c w 2002 F B . I w ,

WRP b b cx 80 c c-

WRP c , , cc c,

14 c c b 30- cc. (www.nrcs.usda.gov/programs/wrp/)

The important thing to

remember is that wetlands

funding is highly prized, and

highly competitive. Plan well

and consider the variables

that can help make your

wetland project as valuable

as possible to the local or

regional environment, and

talk with people who have

been through the bidding or

grant-writing process for the

programs in which you want

to participate.


25/40

/ 23 /

Environmental Quality Incentives Program (EQIP)A NRCS- ,

EQIP c , c- c cc c- jc. H- jc c w, c - c c

w w jc. (www.nrcs.usda.gov/PRO-

GRAMS/EQIP/)

North American Wetlands Conservation Act Grants G U.S. F W-

Sc w c U.S., C Mxc.

(www.fws.gov/birdhabitat/Grants/NAWCA/index.shtm)

Conservation Reserve Enhancement Program (CREP)A -

c cc c cc, CREP

c- b w jc. I c, 2005, b -x

c CREP w w b. (www.fsa.usda.gov/FSA/webapp?area=ho

me&subject=copr&topic=cep)

Five-Star Program D bU.S. EPA c c , -

$5,000 $20,000 w c, c c

jc. (www.epa.gov/wetlands/

restore/5star/)

EPA Regional Grant ProgramEc U.S. EPA 10 c b -

c w jc. Cc c b c b b.

Clean Water State Revolving Fund F bU.S. EPA , w-

c w c ww. I c , ,

c , c w jc, b

. R b w .

For More Inormation

Check with your local conservation district on

funding sources, or go online to the U.S. EPA

funding database at www.epa.gov/owow/

unding/databases.html.


26/40


U c c w

c q . T wb Ac F W Ac -b- x w c

(www.wildl ifeactionplans.org/index.html).

A w - z c w c -

. S b c w cc,

w cc Dc U (www.ducks.org) N F

W F (www.nfwf.org/AM/Template.cfm?Section=Grants).

W z N Ab Sc (www.audubon.org) b

b b cc c w-

b w w- w c.

C Ac w w -

. T N C W R P (www.coastalamerica.gov/text/

cwrp.html) b 1999 w G C j w U.S. EPA Mc

Exc Ofc E A jc B S,

b C Ac. T w qcw, c c

w 200 c 100 - c

.

Lc b xc c c -

. W c w , c c

c w w w -

cc cc WRP. C

c c w-w , b b c c . T L

Ac (www.landtrustalliance.org) Ac F (www.farmland.org)

b c z .

Plant Data Center

Oers Deta ilsWhich problem plant species are found in

your area? Check the USDA NRCS PLANTS

Data Center web site (http://plants.usda.

gov) to nd out. Technical Note 190-72 by

the NRCS National Wetland Team also offers

identication and control information for

some of the most notorious invasive wetland

plants (tp://tp-c.sc.egov.usda.gov/WLI/

NoxiousPlants5_24_2007.pd ).


27/40

/ 25 /

Wetland ChallengesW w, b c c-

. B bc c , w jc,

c w c b w c cx c

. B w jc c c b

w .

S c w w c w . F, -

w cc

bw. L c, w q

, , b w . T b c

w- c w -c .F c, c ( w b , Phragmites) ,

c c w , c w,

H- . T c w .

S, w x, ,

c.

T c b

w .

T Phragmites. , b b z. Phrag-

mites c b c 240 q , c . C b w xc c c -w

bcb, wc c qc bc b c.

CPhragmites J, b b cb

z, c b c w c Phragmites c

. Bc c b c ,

b. Phragmites w w c b . C-

c c c b c.

Establishing a diverse community of desirable plant

species while ghting invasives can be one of the

great challenges of wetland management.


28/40


Reed canarygrass c w w , cw

c c. I c cb z,w, , b, bc b w c

c c.

Purple loosestrie ( c ) w b -

c . Ec c c ,

b xc . Hbc c , c

c c J . B x -

c w w cc b ,

x fc .

I c c c w . A cb w

q w b c. O c, w cb w -

c, c b b c w

cc w c c w.

T c New Zealand mud snail w Pcc Nw,

c c c.

Grass carp c 1960 bc c c

qc c . A w b

q , Gambusia, xb c q

. T c bc c

Gambusia c .

O c, mosquitoes cc w , c x-

c q-b c W N . Hw,

x 200 c q U.S. M b

w c; j w b c W N.

T c W N U.S. Culex pipiens, wc

w w w, w, c b b c b xc

. I c, - w c b b

Non-native weeds such as Phragmites, or common

reed, can choke out native species and degrade

wetland habitat. Keeping invasives out starts in the

planning stages.

JilM.Swearingen,USDANationalParksService,Bugwood.org


29/40

/ 27 /

C. pipiens w, w c, , b b

cb w w z c .T cc b w

b C. pipiens. U, b W N c w U.S.

C. tarsalis, wc b c w. T c C. tarsalis w q c -

c - w b

q- c c c Bacillus thuringiensis (Bt).

S c w b c b wc b b

b. Canada geese z w , j c . Hw,

z b c C

4 wc c c b c.

G b w w 2 3 c z, w q c

w. I c cc , c

w c b c w

w, b, w . Hz cc c

b , .

Rodents c w/b w w. M

c , b w . S

c, w c b . Hw,

c Nw c c b cc. O,

c b, , c w w x

c, c w c c.

R b b . W w c w

x w. Ex w

b c c w . F c, c bw c

c c bw , c bw 50

. S, c w c c w b b,

- , z cc bw

ArnoldTDrooz,BugwoodNetwork


30/40


b. T b c.

D c b w c b w, b wc c, w , c w x

q.

Legal Issues Surrounding WetlandsN , w, c

w b w w U.S.A C E

c. T w c c w q-

x . A w jc w w ,

c w c w. Do not

begin to convert or modiy any wetland, even to improve its unction, until you have consulted with the

appropriate agencies.

T local legal issues c w b .

I w jc bc b c, c

b. S, b w, c w

c. S w jc , b

c c. (O , b j

jc.)

I w riparian water rights , w

w w b. T w

c, w wc

. W c w c c w

b.

P contracts and easements b jc, . I

q wc . I j

w w w b b

In order to get to the beauty and function of wet-

lands, landowners must navigate legal straits and

program rules.Fortunately, for the diligent, there is

an array of programs designed to encourage and

help fund wetland protection or restoration. It isvital, though, to make sure every step is in accor-

dance with local, state and federal law.After lookingat paperwork, though, comes the reward of uncom-

mon beauty, like this common camas bloom.


31/40

/ 29 /

. I w b c c c ,

xc c, c w b w b cc.

I b cc w cc, -

c w b cc. D cc , b

c c w w w cc.

B c c w cc, c

w c -b c. K c cc -

b c c c bc q

b w w c jc.

F cc , xc w w bjc w

-c c , Swb C W Ac.

R w c , b b c-

c fc - b b jc.

U Swampbuster 1985 F Sc Ac ( w F B),

b w b w c w c w.

S , b w , c

USDA b.

Sc 404 Clean Water Act x cc. Hw, c

c w c b c , w

q Sc 404. T q w w c, c:

The U.S. Army Corps o Engineers, wc jc ;

U.S. EPA , wc b c c,

w c c c w;

U.S. Fish and Wildlie Service, wc c w w

c .

Does Your Wetl and

Fall Under Clea n WaterAt Jur isdit ion?There have been dozens of jurisdictional cases

at every level of the court system in the past

decade attempting to clarify whether particular

types of wetlands fall under the Clean Water Act.

Generally speaking, the courts have found that

wetlands that are adjacent to any tributary or

have any hydrological connection to a navigable

waterway are covered under Section 404 of the

Clean Water Act. The Supreme Court has ruled

that tributary can include creeks, streams

or even constructed ditches and culverts. In

addition, distance is not a factor. So even if your

wetland is 20 miles from the nearest navigable

river, it could fall under Clean Water Act rules if

the roadside ditch next to it empties into a culvert,

which empties into a drainage ditch, which

ultimately nds its way to the river.


32/40


S c q w w q -

. Cc w c c c x c, .

Endangered Species Act c w .

(Rb b c, b

c w b .) I

c, w , w b b

b b c b. I w c c,

c z c c.

P c c w-

w . Lw c w w

U.S. F W Sc -

c w

w xb

E Sc Ac, c:

A Sae Harbor Agreement, wc w

w c b c

c c

c w

bc c w b c-

c c .

S Hb c -

c, wc w w

c c

S

Hb c

bw b

b .

The benets of wetlands can be felt all the way up

the food chain, from plants to waterfowl to the rap-

tors that hunt themand the humans who farm or

ranch on the land and drink the water beneath it.


33/40

/ 31 /

A Candidate Conservation Agreement c c , b fc

. T w w cc c c w b . T w

c c c , w b

c .

F b w w b c

E Sc Ac, www.fws.gov/endangered/landowner/index.html.

J cc w c c bc c

w jc, b w w w q w c

w c . W , c w

c b c c c b .

Wetlands Oer OpportunitiesPc, w c. I , .

T c w. Y w jc c fc

b cb , b -

c, b c

w b c c b wc.

Y w c bc c , w wc

cc w c c. A c

c c b c b , c b -

b w c c .

Healthy creeks, streams, wetlands and pastures

are all linked in a web of sustainability. Good man-

agement can improve working land today and safe-

guard our resources for our children.


34/40


35/40

A Listing o Agencies and Organizations

W tl d/ 34 /


36/40


U.S. EnvironmentalProtetion Ageny

www.epa.gov/owow/wetlands/

Perhaps the most comprehensive site on wetlands,

from the definition of a wetland to advanced

discussions on the hydrology and economics of

wetland systems. The Agencys document on

wetland restoration (epa.gov/owow/wetlands/pd/

restdocfnal.pd ) is an invaluable starting point for

exploring wetlands, as is http://epa.gov/owow/

wetlands/restore/principles.html .

USDA Natural R esouresConservation Servie

www.nrcs.usda.gov

The on-the-ground technical resource for wet-

lands, NRCS offers information on relevant federal

programs on its web site. Look for information on

the Wetlands Reserve Program (WRP), Environ-

mental Quality Incentives Program (EQUIP), Con-

servation Reserve Enhancement Program (CREP)

and other incentives on the NRCS site. NRCS soilmaps (http://websoilsurvey.nrcs.usda.gov/app/)

are invaluable for nding an appropriate site for

a wetland project, and the Services resource on

hydric soils (http://soils.usda.gov/use/hydric/) is

a key accompaniment.

NRCS also has a National Wetland Team, whose

web site (www.wli.nrcs.usda.gov) is a treasure

trove of information on wetland engineering, hydrol-

ogy, wildlife, soils, vegetation and invasive species. In

particular, the teams Wetland Restoration, Enhance-

ment, and Management (tp://tp-c.sc.egov.usda.

gov/WLI/wre&m.pd) is a must-read resource before

embarking on a wetland restoration project.

U.S. Fish andWi ldl ie Serv i e

www.ws.gov

To encourage landowners to conserve or enhance

wetlands, the U.S. Fish and Wildlife Service offers

technical expertise as well as a variety of habitat

incentive programs (www.ws.gov/habitat). The

Services National Wetlands Inventory (http://

wetlandsws.er.usgs.gov/NWI/index.html ) is also

an invaluable resource for siting projects.

Federal EmergenyManagement Ageny (ema )www.ema.gov

FEMA oodplain maps are a fundamental tool for

guring out a good site for a wetland project. The

maps can be ordered online for a nominal fee.

For More InormationThough every wetland project is unique in

some way, there is a wealth o inormation

available on wetlands to get you started.

A great place to start is your local conser-

vation district or NRCS oice. The internet

is also ull o outstanding resources.

Try these or a start.

/ 35 /


37/40

/ 35 /

U.S. Geologial SurveyWe tl ands R estor at io nBiliography

www.npwrc.usgs.gov/resource/literatr/

wetresto/index.htm

A searchable database of documents on wetlands

restorationthe Mother Lode of writings on the

subject, including dozens of case studies.

Environmental LaInst itute (el i)

www.eli.org

This nonpartisan educational and research center

is a font of great information on wetlands issues,

including outstanding analyses of the legal and

regulatory climate that surrounds wetland projects.

ELIs National Wetlands Newsletter is a must-read

before engaging in a wetland projecta subscription

opens access to an online, searchable archive.

Eletroni oolkitor Fish and WildlieHaitat Management

www.whmi.nrcs.usda.gov/technical/etool.html

A treasure trove of information on wildlife habitat, this

NRCS resource should be on the Favorites list for any

wetland-oriented farmer, rancher or advisor.

Natural ResoureEnterprises Program,Miss iss ippi State Universit y

www.naturalresources.msstate.edu

A wealth of data on generating revenue from natu-

ral resources, including wetlands. Visit for survey

results, technical advice, marketing savvy and

details on legal issues. A paper on hunting leases

(http://msucares.com/pubs/publications/p2310.

pd) is especially helpful.

Duks Unlimitedwww.ducks.org

Perhaps the leading private proponent of wetland res-

toration in North America, Ducks Unlimited employs

wetland experts with an eye for the hydrology and

biology that make wetlands invaluable for waterfowl.

Ia ak Walton League

www.iwla.org

Since the early 20th century, the Izaak WaltonLeague has been a grassroots voice for conserva-

tion. The groups wetlands fact sheets (www.iwla.

org/index.php?id=400) include valuable publica-

tions and resources.

Land rust Alliane

www.landtrustalliance.orgThe gathering point for land trusts from across the

U.S., the Land Trust Alliance offers insight as well

as an invaluable network of organizations that could

help landowners create win-win conservation ease-

ments to help nance and protect wetland projects.

A mer i an Fa r ml and rust

www.armland.org

This active policy and research group is on the front

lines of conservation policy and easement prac-

ticeanother excellent resource for landowners

exploring easements as a conservation tool.

Corporate WetlandsRestor ation Proet

www.coastalamerica.gov/text/cwrp.html

A look at a growing, nationwide effort to link corporate

dollars with local wetland restoration efforts.

Wetlands/ 36 /


38/40


A L ando ners Gu ideto Phragmites Control

www.michigan.gov/documents/deq/

deq-ogl-Guide-Phragmites_204659_7.pd

This document from the Michigan Department of

Environmental Quality provides an excellent over-

view on controlling one of the nationwide chal-

lenges in wetlands.

Environmental Conern

www.wetland.org/publications_home.htm

This Maryland-based organization has parlayed

decades of experience with Chesapeake Bay water-

shed projects into a series of books and other edu-

cational resources, many of which are handbooks

on wetland construction and management.

Conservation ehnologyInormation Center (ti)

www.conservationinormation.org

Long a respected clearinghouse for information on

conservation practices that are economically sus-

tainable as well as environmentally sustainable,

CTIC is proud to provide this publication as part of an

array of wetland resources, from frequent articles in

Partners online magazine to wetlands publications

such as Wetlands: A More Proftable Alternative?


39/40


40/40

Conservation TechnologyInormation Center

3495 Kent Avenue, Suite J100West Laayette, Indiana 47906-1073

www.conservationinormation.org

C This paper contains 10% post-consumer recycled content

ctic wetlands

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