Posted by Paul Searl on August 20, 2011 at 11:10:06 from (66.254.215.22):
In Reply to: Wetlands posted by 2cylpartsinfo on August 20, 2011 at 08:54:08:
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.
This post was edited by Paul Searl at 11:12:49 08/20/11.
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