NON-TIDAL WETLANDS
 

    We oppose the present definition of Non-tidal wetlands as set forth in the 1989 "Federal Manual for Delineating Jurisdictional Wetlands." This definition would designate many acres of marginal wetlands that possess minimal wetlands values. It would also include many acres of cropland that has been farmed historically. ‘05

    We support the revision of the "Federal Manual for Delineating Jurisdictional Wetlands" to exclude:
        (1) cropland that was farmed prior to the enactment of any laws dealing with the regulation
        (2) areas with woody or natural vegetation that are not ponded for more than fifteen consecutive days during some part of the growing season. ‘05

    This definition should also be used for any existing or proposed state legislation. It is imperative that the Army Corps of Engineers, the Environmental Protection Agency, and the Natural Resource Conservation Service review the definition of Non-tidal wetlands and evaluate its implications on agriculture. Furthermore, it is our belief that all three of the criteria should exist before land is considered a wetland and we hope the manual will be amended accordingly. ’05
   
    We support the designation of the Natural Resource Conservation Service as the lead agency for the development of uniform wetlands delineation.’06

    Agriculture needs to be exempt from mitigation for agricultural activities where the farmer has, and is carrying on good agricultural practices. ’07

    We recommend that when wetlands are identified, property owners must be notified and an appeal or review process be developed.’07

    The denial of a permit to alter wetlands, by either federal or state government, should be deemed "the taking of private property" and the landowner should be "justly compensated."

    The state should not be more stringent than the federal regulations concerning agriculture in its relationship to Non-tidal wetlands.

    We recommend that public agencies be held completely responsible for wetlands that they create due to water drainage and/or the re-routing of water as a result of construction of public facilities such as roads, schools, storm water management ponds, parking lots, etc. Cost of litigation to protect the landowner should be borne by the public agency involved.

    We urge local control of regulations and permits limiting the use of wetlands.’07