DO YOU HAVE WETLANDS ON YOUR PROPERTY?
Wetlands issues can be very complex, involving multiple government agencies.
Closely related to game and fish matters are Wetlands issues. Once regarded as “wastelands”, wetlands have come to be appreciated for their place in the environment. Besides providing valuable habitat for wildlife, wetlands also provide floodwater retention, soil stabilization, water purification and other functions for the ecological community.
For a landowner or a sportsman, the difficult question often is: “What is a wetland?” First of all the answer can depend on a professional analysis of plant conditions, soils types and hydrological character. The question is further complicated because a “wetland” can be somewhat different depending on the federal, state or local program that is involved. We’ve spotted at least eight different definitions that can apply in different cases.
Once an area is identified as a wetland, the next question is: how does this determination impact the intended use for the land?
Minnesota has a “no net loss” policy on wetlands, which means that it is a state goal that no additional wetland acreage should not be lost. If any wetlands are damaged or destroyed, then one, two or three acres are to be added for each acre lost. There are exemptions and exclusions for certain land uses and activities.
Whether a landowner’s property is “taken” by the government in a way that the government must pay compensation depends on the facts of the case.
The Wetlands Conservation Act is yet another example where a landowner is well advised to “check before you dig.”
