Home
Wetland Easement Enforcement
- Details
- Written by charlie
- Category: Legal
In a bit of good news, lands enrolled under a federal easement are coming under more scrutiny to ensure that the terms of the easement protecting wetlands are being honored.
The 2014 Farm Bill consolidated all easement programs, including the Wetland Reserve Program, in the Agricultural Conservation Easement Program (ACEP).
Landowners sign away their right to farm on the land typically for either 30 years or perpetuity, in return for annual payments. While the terms of an easement always include the right of inspection, the reality is most wetland easements are inspected, on average, once every 5 years.
The majority of easements meet the agreed upon conditions and don’t require a follow up visit. A 1981 study estimated that between .7% and 1.5% of wetland easements terms are violated annually. If violations occur, they are often a result of a change in land ownership, with the terms of the easement left unsaid or incomplete during a sale. More recent studies have found a similar level of violations, even if they have increased somewhat due to the high cost of commodities in recent years. Generally, if a violation is found, a restoration order is issued, and compliance is followed up on to ensure the violation is restored to its previous condition.
Despite the low level of violations, enforcement officers, few and far between, now have additional capabilities, including the now ubiquitous smartphone with National Wetland Inventory maps and other apps to determine which sites may require further review, and focus their limited time on these sites.
Enforcement is not always easy. There are always the outliers including the infamous Alvin Peterson, a retired North Dakota farmer who has fought the U.S. Fish and Wildlife Service for decades about perpetual easements his father signed in 1966, protecting prairie potholes on his property. In 2009, he was fined $10,000 and given a five-years probation - he had previously been charged three times with destroying government property.
The use of improved satellite and aerial photography has made the identification of wetland boundaries and detection of abnormalities easier. In the near future imagery will likely become much easier to collect in near real time with drones, allowing a wetland to be monitored seasonally, and from different angles, if needed. Lidar imaging is just now becoming a possibility on some larger commercial drones, even if the significant privacy issues they raise have yet to be fully addressed.
Sources and Additional Reading:
Wetland Easements and their enforcement in North Dakota
Wildlife officers step up wetland protection
ND Farmer defies government by defying Government
blog.remotesensing.io
- Details
- Written by charlie
- Category: GIS & Mapping
Winterberry
- Details
- Written by charlie
- Category: Wetland Plants
The hardy, deciduous shrub, Winterberry (Ilex verticillata) is a species of Holly native to the US, found East of the Mississippi ranging from Alabama to southern Canada, in swamps, wet woods and other areas with evenly moist, acidic soil. Ranging in size from 8 to 12 feet in width and height, the Winterberry is also used in gardens as a cheery winter ornamental, thriving both in rain gardens and dryer soils, hence its Facilitative Wetland designation of "Usually occur in wetlands, but may occur in non-wetlands". Winterberry propagates both by suckering and flowering. As with the Spicebush, at least one male plant must be planted within pollination distance to females for them to bear fruit. Unlike the evergreen Holly, the Winterberry's leaves turn black at first frost and entirely loses it leaves -making its clusters of red berries even more striking on bare branches in the early winter.
Beyond its utility as an important source of food for nearly 50 species of birds and small mammals, its berries and branches are also used for fall wreathes and flower arrangements. In the Berkshires, Massachusetts garden centers sell a small bouquet of Winterberry for $7 - a well filled 5 gallon bucket is around $30 - you can even pick your own.
Visit the gallery page at the Lady Bird Johnson Wildflower Center for some great photos of the plant and berries.
Sources and Further Reading:
http://plants.usda.gov/core/profile?symbol=ilve
http://pss.uvm.edu/ppp/articles/winberry.htm
http://www.wildflower.org/plants/result.php?id_plant=ILVE
Wetlands in the News
07 May 2024
-
Wetlands & Wildlife Care Center overwhelmed by number of starving brown pelicans found in past month
Scores of emaciated brown pelicans, too weak to fly, have been found on Southern California beaches in the last month...
-
Wild turtle painted in what may be a senior prank. It’s no joke to Port Royal wetlands group
A not-for-profit that advocates for Cypress Wetlands and its wildlife notes it is against the law to harass wildlife...
-
Scavengers clean up wetlands and boost their health
New study shows scavengers crucial for wetland health, highlighting their role in nutrient recycling and disease control.
-
One goal of the $500K wetlands project is to curb the flooding of the Killbuck Creek
Benefits of H2Ohio project include harnessing the power of the regular flooding of the Killbuck Creek into feeding the wetlands.
-
Biden sets goal to protect wetlands, rivers, streams
Welcome to The Hill’s Energy & Environment newsletter{beacon} Energy & Environment Energy & Environment The Big Story Biden sets goal to protect wetlands,...