Wetlands

Going to look at a farm with about 11 acres under the Government Wetlands program. I know you can't drain wetlands. Does anybody know if you can let your dogs run freely, harvest trees, etc. from a wetlands area. I checked the Wetlands internet site, it does not provide much detail.

You need to check with the FSA (Farm Service Agency) in the county where this land is. They can answer those questions plus tell you if the land has been enrolled in voluntary conservation programs that maybe the owners forgot about or forgot to tell you. Even if they enrolled in something years back you still may be obligated to stay in the program even if you are a new owner. Might save you some penalties after they do some of their random satellite image checks.

Kinda fooked up that if you buy the land you cant do what you want with it. If I was you I wouldnt buy the land due to the wetlands, unless it is a great deal. I would think that dogs can run through it, but you cant drain the water or cut the cattails.

Someone got some money for signing that acreage up in the wetlands program. It's like a utility easement, but people understand those a little better.

Some of those programs won't let you drain wetlands IF you participate in govt. farm programs. If you don't you MAY be able to do more with it. Check at the FSA office.
A number of farmers around here won't participate in these programs because of the strings attached.

Like others said, check with the local FSA or NRCS offices. You might even have to deal with both of them as they go hand-in -hand when it comes to CRP wetlands etc. CRP (conservation reserve program)wetlands can be hunted so I don't see why dogs can't run there but check with them first. If trees aren't in the origional seeding plan when the wetlands were seeded, then they are probably considered a weed that needs to cut out just like thistles or any other unwanted weed, but not harvested for use.

If these trees were planted as part of the seeding plan, then they have to stay for the length of the contract. Contacting the NRCS before you do it is a good idea. They will have a copy of the origional seeding plan.

When you want to enter land into the CRP program you talk to the folks at FSA to put the land into CRP. Then you go to the NRCS office to work out what you will plant on that land. Confused?

Sometimes if you tell them in a calm businesslike manner what you want to do they will show you the 'official' regs on what you 'should' do but they don't say you 'can not' do it. The people at the office know what works or not, but they still have to follow the regs. Jim

if it is under WRP (wetlands reserve program) it is actually an NRCS program, not FSA (though probably in the same building, FSA handles contracting for CRP, NRCS does the technical work. NRCS also has its own programs like WRP that FSA does not have anything to do with). The other prgram may be CRP. Different rules for both. CRP is a 10 or 15 year contract with a yearly rental payment. when it expires you don't have to reenroll it, but it will have restrictions farm program wise. You actually don't have to accept the crp contract if you buy it, but at that point the previous owner gets royally screwed as they have to pay back all the payments they had so far received, plus possible penalties, so if thats the case expect terms for that to be in your purchase agreement.

For WRP its a lot more complex, though 11 acres is a very small WRP contract, which is why I also mentioned the CRP. That is an actual easement that has been purchased by NRCS for that ground for either permanent, 50 years or I think 15 years. Most are permanent. NRCS has all rights to that ground, but grants back some of those rights to the landowner (a lot like power companies etc).

You do have the right under WRP to use and enjoy the land in a non intrusive manner. IE, you can hike, run dogs, hunt (per state regs), boat etc. You can even run your atv on it as long as you don't make permanent paths, but they don't really like it. you can even rent it out to other hunters.

you do NOT have the right under WRP to construct permanent improvements like roads, buildings, permanent trails etc nor can you turn it into an atv park. You cannot farm it, drain it or significantly alter it in anyway that will affect its function as wetlands.

NRCS can grant back rights and can even issue supplemental contracts to the landowner for maintenance under WRP. You will need to talk to your NRCS person to determine that. removing trees will fall under that. A timber harvest MAY be possible, but will depend on the NRCS office for your state (this is not a local NRCS decision, it will go to the state level). removing scrub trees will likely be allowed with minimal issue once NRCS verifies thats what your doing as long as it fits into the conservation plan for that site.

Typically, a CRP contract will have minimal impact long term on the value of a farm since it is a limited but renewable contract and it does have value for wildlife. its marginal ground with wet issues and if you ever want to participate in farm bill programs you would be under tight restrictions anyway for that area and noncompliance would affect all your eligibility. This way, at least you get a payment for it.

WRP easements on the other hand are a lot more significant. They are tightly governed legal recorded easements and the entire value has already been paid up front with the exception of new/future maintenance contracts. a new landowner gets nothing really out of it except the wildlife benefits. I would negotiate very hard on the value of those 11 acres if it is in WRP because for all intents and purposes, it is a swamp you will never be able to develop or farm.

Despite what some folks will try to tell you, neither one of these programs grants public access to your land, forces you to have open hunting/fishing or grants any agency the right to be on your land except for NRCS to administer and verify the contract or easement. Both programs are also through federal, not state agencies.

If you have any questions, go talk to the NRCS folk for that county, they will answer them for you. You may need written landowner permission for them to discuss contract specifics though. There are a number of specific details that vary state by state and even county by county for crp so you really need to talk to your specific office. As you can see, the programs are very different so you need to be sure which program and what term it is under.

CRP= rich men living on wellfare

Paul, you seem to understand WRP. Is there any way to get linear weatlands such as rivers and creeks into the program ? My farm is in ND and the NRCS says no, they want depressional wetlands, swamps and prairie potholes, but they can not show that in the legislation.

Yes. There is a "Boundary" program or buffer strip program. Made for land adjacent to streams and rivers. Keep cattle away from water. Keeps wildlife (waterfowl) from damaging crops. Yeah, like they can't fly over it.

That is one of those state by state things. Here in Illinois, I'd venture well over half of WRP is linear wetlands, maybe even 3/4. I actually work for NRCS and I have two projects working their way through the process for WRP, both are flood plain wetlands. We have actually been pushing more for linear wetlands for flood control reasons.

That said, every NRCS state office has a certain latitude to set rules for programs as long as it doesn't exceed the federal register. The biggest part of that is developing ranking criteria for programs so states can tailor the program to their priorities, and neighboring states often have very different interpretations of the same program. There is nothing federally that prohibits it as long as it meets acreage requirements etc, but that doesn't mean the state level can't set that. To be honest, it surprises me that this would be the case as most states struggle to find enough projects for WRP, here Illinois for instance we are almost always short of WRP projects. Have you talked to anyone or just looked online? I poked around a little on their website and I see what you mean, although their literature leads one to think that isn't the case. I wonder if they are doing something through EWP instead, though I found no specific mention of that and it is a limited funding program. I did see that they cannot offer permanent easements though, so they may be just trying to run everything through CRP and save WRP for closed watersheds.

Thanks to everyone for their responses. For what it is worth the property with wetlands is in Indiana. It is being offered as for sale by owner (not through a realtor) so I knew to ask a lot of questions.
My family raises Border Collies, if you are not familiar with them Border Collies are very high energy dogs. I thought the wetlands area would be a good place for the dogs to run, at least during dry weather.
My lawyer will have to review all of the other documents, I'll ask him to clear up the wetlands issue too.
Thanks again to everyone,
Bill.

Yep, I have been through that with them. It is for planting buffer strips on cropland, and I already far enough away. What I want is WRP and perpituity (forever in ND is 30 years)for the creek and the river that run through my pastures. I want to fence off the waterways and provide alternative watering sights. I already have EQIP water tanks and a pipeline that I want to expand. Every creek in ND, and SD for that matter, that has cows on it that I have seen, is, in my opinion in poor condition. The banks are caving in, the bufflo berry bushes are just nubs, the cows hang out in the water stiring up mud, they pee and poo, drink it and get sick, and they don't gain weight. And what is the point of raising beef if they don't gain weight ?

Thanks Paul, I have talked to them and I will try again.