Farmers' Wetland Rules Eased, Appeals Improved
This law changes how the government evaluates wetlands on farms. It aims to make it easier for farmers to comply with rules by providing clearer guidelines, better appeal processes, and more transparency in official decisions.
Key points
Removing trees and stumps will no longer be considered an activity aimed at making agricultural production possible on wetlands.
There will be no penalties for farming or converting land that was not officially identified and certified as a wetland by officials at the time of those actions.
Officials will have to prove, with clear and convincing evidence, that a farmer violated wetland rules.
If an appeal of a wetland decision is won, officials cannot later claim the same land is a wetland using different reasons not previously considered.
A new appeal process is created for requests to review wetland certifications that were not accepted, including the right to demand an on-site visit.
Officials cannot rely solely on one on-site visit to determine if land meets the water criteria for a wetland.
A customer satisfaction survey is required for people interacting with the agency on wetland matters to improve service.
State oversight committees made up of farmers will be established to review wetland appeals and recommend changes.
Reforms to appeal processes include training for judges, providing full documentation, allowing technical staff as witnesses, accepting the person's evidence unless unreliable, and compensating successful appellants for legal costs.
Wetland rules must be created with more public input, following standard administrative procedures.
The agency cannot acquire permanent easements on land.
Expired
Citizen Poll