| Wetland "No Net Loss" Mandate Failing: Conservation Easements More Important Than Ever in Protecting Wetland Resources |
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| Wetlands are tremendously important natural resources- filtering water, storing water and providing wildlife habitat within our local watersheds. A high percentage of conservation easements held by the Brandywine Conservancy involve land containing some form of wetland or riparian resource. In order to protect the remaining wetlands in our region, we continue to pursue new easements on properties that contain wetland areas or on upland areas that buffer adjacent wetland and stream resources. |
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In 1989, President George Bush set a goal of "no net loss" of wetlands that required developers who fill in wetlands to restore old wetlands or create new ones in return. According to an Associated Press article, a recent study* conducted by the National Academy of Sciences' Research Council reveals that federal agencies are not accurately tracking the nation's marshes, swamps and bogs to determine whether the "no net loss" goal is being met. The Academy's study reports that between 1993 and 2000 over 24,000 acres of wetlands nationwide have been filled in. In accordance with Bush's mandate, over 42,000 acres of wetlands should have been added to counterbalance this impact. Based on field trips to mitigation sites, research and expert testimony, the study finds that the "no net loss" goal "is not being met" and that the full impact of the loss on wildlife habitat, water quality and flood control remains unknown. Headed by Joy Zedler, a nationally recognized wetland scientist, the study states that "effective compensatory mitigation requires a watershed perspective." "A broader geographic area" must be considered by federal regulators- primarily the Army Corps of Engineers and the Environmental Protection Agency- before granting permits to developers so that wetlands can "continue to serve the ecological needs of the entire watershed and also have a higher chance of long-term survival." Mitigation must focus where it is most needed to create wetland corridors that approximate natural distribution of water. The study also recommends that the Army Corps of Engineers establish a national database to track wetland gains and losses. The database should address not only the mitigation required and carried out, but also the functions of the mitigation sites using the original wetlands as baselines. Such a database is essential for an accurate assessment under section 404 of the Clean Water Act. The study further recommends that developers with no wetland management expertise seek conservation groups to hold easements on, or title to, mitigation sites for long term monitoring. On January 14, 2002, the Associated Press reported that under new regulations issued by the current Bush administration, "developers no longer have to restore or create new wetlands for every acre they drain or fill." "Instead of requiring acre-for-acre restoration on each project, the new regulations require only that there be 'no net loss' of wetlands in any of the Corps' 38 districts, which are established on the basis of watersheds rather than state boundaries." Julie Sibbing, a wetland expert for the National Wildlife Federation, said, "these permits certainly signal the end of "no net loss" as a policy of the United States." The Brandywine Conservancy's Land Stewardship Program works with interested easement landowners to restore and create new wetlands. Often, many wet and marginally-productive agricultural lands can be converted back to wetlands by simply removing existing tile drainage systems. Additionally, the Conservancy's Municipal Assistance Program works with townships and developers to create development plans that protect existing wetlands and riparian areas as much as possible. On land that the Conservancy owns, our land managers restore and create new wetlands where appropriate. For example, the Conservancy recently restored a wetland in the Laurels Reserve. If you are interested in protecting wetlands and riparian areas on your property or in sponsoring wetland and riparian projects on Conservancy owned land, please contact the Environmental Management Center for more information. * To obtain a copy of the National Academy's study, visit http://www.nap.edu/books/0309074320/html/. A summary of the report was published in Ecological Restoration, Volume 19, Number 4, 2001. For a reprint of the article, call Margaret Walsh at (608) 263-1131. |
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For more information send email to: emc@brandywine.org, call 610-388-2700, or write to Environmental Management Center, Brandywine Conservancy
P.O. Box 141, Chadds Ford, PA 19317
© 2002 Brandywine Conservancy