Simple Conservation Activities (continued)
Use Silt Fencing in All Construction Projects. Any construction activity at a higher elevation than the wetland can lead
to erosion of the exposed soil into the wetland. Use properly installed and maintained silt fencing below areas with bare soil to protect your wetland from silt and sediment. Inspect the fencing after each rainfall to make sure it is trapping silt, and have it reinstalled if necessary. Keep the fencing in place until vegetation is restored, but remove it after it is no longer needed, as the fence can block the movement of small animals in and out of the wetland.
Control Sources of Chemical Pollution. Agricultural activities, yard maintenance, septic systems, and storm drains
can divert excess nutrients and undesirable substances into wetlands. Because wetlands, streams, rivers, and lakes are "downhill" from most inhabited areas, they can act as a "sink" for many chemicals that are transported in water. Look to reduce chemical use in and near your wetland, including the adjoining yard, garden, and agricultural fields. Talk with neighbors about their use of fertilizers and pesticides to minimize impacts on your wetland. Maintain your septic system so it functions properly.
Control Sources of Excess Water Entering the Wetland. Drain pipes, culverts, and ditches are intended to drain upland sites of excess water. They often empty into wetlands, inundating important lowland communities. Although wetlands are water-dependent, excessive water can damage the integrity of a wetland. For example, excess water in urban areas may flood a sedge meadow causing native plants to be replaced by non-natives or by cattails. Upland runoff may carry large amounts of nutrients like manure or commercial fertilizer, petroleum products, salt, or other compounds (e.g., pesticides, herbicides, fungicides, etc.). These pollutants may stress and even kill sensitive wetland plants and animals. If possible, divert runoff to other areas or spread the water evenly over the landscape so that it slowly filters into the wetland. As an alternative, excess stormwater can be diverted into a buffer zone to slow its velocity and allow sediment and nutrients to settle before the water drains into your wetland.
Control Water Outlets. Many wetlands have historically been drained through ditching, dredging, and underground drain tiles. Look for signs of past drainage attempts such as a ditch, an outflow conduit or pipe. All that may be required to restore the hydrology of your wetland is to plug a ditch or drain conduit. However, undoing drainage systems on your wetland may be a complicated endeavor.
Use Heavy Equipment for Logging or Other Activities Only During the Winter. Avoid logging or taking heavy equipment into your wetland until the ground is frozen to avoid damaging the soil surface and plant community. Construction matting may help alleviate compacting the soil. Carefully consider the impacts before cutting trees in swamp forests. Forested wetlands were severely degraded by logging in the late 1800s to early 1900s, and in some parts of the state the open wetlands that resulted have not yet recovered. County zoning ordinances may regulate removal of trees and vegetation in shoreland zones.
Long-term Protection Options for Landowners
A well-restored wetland should last forever, therefore long-term security of your wetland should be considered. A variety of long-term protection options are described below and can include donation of your land to a private or public agency, conservation easements, or deed restrictions that follow the land in perpetuity. The time, energy, and expense of restoring your wetland can be for naught if the next landowner does not care for the site or if it is not permanently protected.
Donation. Donation of land is an effective and simple way to protect it. A donor can give land to a qualified charitable organization or governmental agency for conservation purposes. The gift is tax-deductible with variations depending on the particular situation. A tax attorney or accountant should be consulted to analyze the tax advantages of your case. Before you donate your wetland, find an organization or agency that shares your philosophical view of your land. It is important to discuss how the property might be used and managed. If the organization wants to reserve the right to sell the property in the future, you may want to consider granting a conservation easement to a third party to ensure that the land will be protected by future owners or arrange for permanent deed restrictions on the property. There are non-profit land trusts developing across the state dedicated to preserving open space and natural lands. For more information on a land trust that serves your area, contact Gathering Waters Conservancy.
Conservation Easements. A conservation easement is a voluntary agreement used to transfer certain rights of use to a qualified non-profit organization, governmental body, or other legal entity without transferring title of the land. Conservation easements contain permanent restrictions that run with the land for a set period of time. An easement is a flexible and effective means of protecting the property while you still own it and does not grant public access unless you specifically allow it. To be eligible for a tax deduction, conservation easements must be granted in perpetuity by the landowner. Contact a tax advisor for tax information before drawing up a conservation easement, perhaps with the assistance of an attorney familiar with conservation easements.
Discussions with a local assessor are also advisable.
Deed Restrictions and Covenants. Deed restrictions are clauses placed in deeds restricting the future use of land.
When property containing a wetland is transferred, deed restrictions can prohibit uses or activities by the current and subsequent owners that would destroy, damage, or modify wetlands. A deed restriction should be developed with the aid of an attorney. Unlike a conservation easement, which provides long-term protection because of third-party monitoring, the enforcement of deed restrictions is less reliable and a future landowner can petition the court to vacate the deed restriction or just ignore it. In deed restrictions, the loss in market value due to the restriction may not be claimed as a charitable deduction on income tax returns.
Sale. Sometimes landowners must sell their land containing wetlands for financial or other reasons. If you must sell your wetland but are concerned about its future protection, you can consider using some of the tools described above to protect your wetland from future activities. Nonprofit organizations (such as The Nature Conservancy), local land conservancies, hunting clubs, and land trusts may be interested in your property. In addition, state and federal government agencies or local units of government may be interested in your
property for the purpose of preserving community open space and passive recreation areas, especially if your property lies adjacent a public area or in a planned environmental corridor.
What Is Right for Me?. The options listed above can be pursued individually or in combination with one another. What works for you depends on a variety of factors, and you need to consider each option carefully before acting. The following list of questions may help guide you in your decision.
Do you want to continue to own your wetland?
Do you want to manage the property exclusively?
Do you want compensation for the property?
Do you want to restrict future use of the wetland when property title is transferred?
Do you want tax breaks for your property?
Voluntary protection efforts have increased in recent years due to income and property tax reductions as an incentive. However, the greater driving force may be the conservation sentiment of the landowner. Landowners with a strong sense of stewardship continue to seek ways to protect their land in the long term, allowing future generations to enjoy the beauty of wetlands.
>> Post-Restoration Wetland Stewardship page 1
Content for our restoration webpages is excerpted from WWA's Wetland Restoration Handbook for Wisconsin Landowners, 2nd Edition (2004) by Alice L. Thompson and Charles S. Luthin. To learn more about this publication and order a copy, see WWA's publications list. To download PDF versions of Handbook chapters, visit Wisconsin DNR's website.
WWA thanks Wisconsin Coastal Management Program for providing funding support for our wetland restoration outreach efforts, including development of these webpages.
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