Age: High School
Setting: Indoors
Objective: Students will learn the processes required when choosing to drain a wetland along with
everyone who is involved and impacted.
Materials brought by students/teacher:
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Computers as a resource
Lesson 1: Winter – Draining Wetlands
Objective: At the end of this lesson, students should be able to:
1. Impacts of draining a wetland.
2. Understand the different options and limitations when draining a wetland.
3. Learn about all of the people involved and their roles when draining a wetland.
Analytical Connection
1. Develop and understand different viewpoints of the impacts of draining wetlands.
Location: Classroom
Background:
During the fall field trip you learned how to do wetland delineations and the importance of wetlands to
the ecosystem. Delineation of a wetland establishes the existence (location) and physical limits (size) of
a wetland for the purposes of federal, state, and local regulations. Wetland delineation is also an
element of a “jurisdictional determination.” This process identifies which water bodies within a
project’s boundaries meet the definition of “waters of the United States.” Locally this becomes
important for producers/farmers, water boards, water commissions, the State Health Department, and
government agencies located within the state that must carry out federal regulations.
In this lesson you will begin to learn the background of the people involved in the drainage of wetlands
to better prepare you for the role play activity for the winter field trip. Read through the background
information provided along with the resources listed to better understand the different roles. Then,
answer the questions provided individually or in a group and discuss your answers as a class.
People Involved
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Farmer/producer
o Involved in the desire to drain a wetland on their property, but need to follow proper
protocol depending on programs they are signed up with. Should be cognizant of
protocol and regulations involved in draining wetlands and that there are impacts to the
environment and neighbors.
Neighbor
o Concerned with water affecting their land due to the drainage of adjacent farmer.
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Natural Resource Conservation Service (NRCS)
o Analyze wetlands for farmers/producers, signed up with the certification of compliance
form, to give permission whether or not to drain the wetland. Require the wetlands to
contain ALL three characteristics: hydic soils, hydrophytic vegetation and saturated
during some point during the year.
U.S. Fish and Wildlife Service
o Give farmers/producers the opportunity to place a lifetime easement on their wetland
to protect it from being drained, leveled, filled, or burned. In order to burn a wetland, a
permit must be issued by the Fish and Wildlife Service (can burn every 3 years).
USDA Farm Service Agency (FSA)
o Provides aid with commodity, disaster and conservation programs for
farmers/producers who apply. In order to receive the above and crop insurance,
farmers/producers must complete a certification of compliance form (AD-1026) through
the FSA.
State Health Department
o Water Quality is essential to public health, our natural environment, and economic
development in North Dakota. The North Dakota Department of Health, Division of
Water Quality works to safeguard water quality for all uses. Programs within the
Division deal with various aspects of protecting the quality of our water resources.
Enforcement of state and federal environmental laws is accomplished through
permitting, inspection, sampling, analytical services and monitoring activities.
o Responsibilities of Division of Water Quality:
 Ground Water Protection
 Waste Water Program
 Surface Water Protection Program
 Issue example: Nutrient pollution is caused by the overabundance of
phosphorus and nitrogen in the aquatic environment. Excessive
nitrogen and phosphorus in water can cause health problems in people,
fish and animals, and damage our lakes, rivers, reservoirs, streams and
wetlands. Excessive phosphorus and nitrogen may also result in
increased costs to treat water for human consumption from surface
water supplies.
 Special Projects: Devils Lake and Missouri River Issues
State Water Commission
o Farmers/producers submit permits to the water board to gain permission to drain a
wetland off of their property.
o If the wetland is more than 80 acres a permit must be acquired to install drain tile or to
drain a watershed.
County Water Resource Board
o Deal with water permits and violations at a more local level compared to the State
Water Commission and enforces State Water Commission rules and regulations.
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Recreational users
o Concerned with having sufficient habitat to partake in leisure activities including
hunting, fishing, bird watching, hiking, etc. Draining productive wetlands affects their
abilities to do recreational activities.
Wetland Easement Program
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The Wetland Easement Program was first authorized by Congress in 1985. The funding for the
program is generated from sales of Duck Stamps. Wetland easements are administered by the
US Fish and Wildlife Service and is a legal agreement signed that pays landowners to
permanently protect wetlands. Payments are given in a single lump sum to the landowner in
agreement to protect the wetland.
For lands to qualify under the program, the property must contain wetlands of value to
migratory birds. The wetlands must occur by natural causes; impoundments by dams or dikes
will not qualify. In order to have a drained wetland qualify, the ditch must be filled to allow
restoration of the wetland.
Farmers/producers still have the right to farm, plow, graze or hay the wetland when or if they
dry up due to natural causes. Hunting and trapping rights are the landowners choice to open
their land or not to the public. No signs are placed by the USFWS, and will not affect hunting or
mineral rights.
Food Security Act of 1985 (Swampbuster)
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The Food Security Act was the first to include a conservation title. The act is typically renewed
every 5 years. Three central provisions for this Act are:
o
Highly Erodible Land Conservation (HELC) provisions, which includes “Sodbuster”
provisions associated with conservation requirements for land broken out of permanent
vegetation and planted to an agricultural commodity. HELC is also associated with the
conservation compliance requirements for cropland that is actively being farmed. The
intent of the HELC provisions is to address erosion problems.
o
Wetland Conservation (WC) provisions, nicknamed “Swampbuster,” were enacted to
reduce wetland loss.
o
The Conservation Reserve Program’s (CRP) primary purpose was to rest highly erodible
lands from crop production by establishing permanent cover.
The Food Security Act of 1985, as amended, requires producers participating in most programs
administered by the Farm Service Agency (FSA) and the Natural Resources Conservation Service
(NRCS) to abide by certain conditions on any land owned or farmed that is highly erodible or
that is considered a wetland; discourage the conversion of wetlands into non-wetland areas.
Farm Bill Conservation Compliance (USDA/FSA)
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To be in compliance with the highly erodible land conservation and wetland conservation
provisions, producers must agree, by certifying on Form AD-1026, that they will not:
o Produce an agricultural commodity on highly erodible land without a conservation
system;
o Plant an agricultural commodity on a converted wetland;
o Convert a wetland to make possible the production of an agricultural commodity.
Nonprofit organizations (Ducks Unlimited, Delta Waterfowl, Pheasants Forever)
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Offer financial assistance/compensation to protect wetlands and adjoining upland habitat on
private land for the benefit and wildlife and ecosystem health.
LESSON:
Please answer the questions below. You can reference the background information provided, websites
provided or other internet sites to answer the following questions.
1. What are the five environmental concerns of draining wetlands?
A. Flood control, improves water quality, recharges groundwater, public use, and habitat
for plants, animals and invertebrates
B. Flood control, improves water quality, public use, eliminates groundwater, and habitat
for plants, animals and invertebrates
C. Flood control, protect lands from public use, improves water quality, recharges
groundwater, and eliminates habitat
D. None of the above
2. What are the three components the NRCS requires to define a wetland?
A. Hydric soils, hydrophytic vegetation, and dry during the year
B. Hydric soils, hydrophytic vegetation, and saturation during the year
C. Hydric soils, hydrophytic vegetation, and a drainage ditch
D. None of the above
3. Under the Wetland Easement Program, what are the four things landowners cannot do to the
wetlands?
A. Fill, drain, level, or burn
B. Fill, drain, seed, or ditch
C. Plow, seed, drain, or burn
D. None of the above
4. What permit can landowners obtain under the Wetland Easement Program to improve their
wetlands?
A. Level permit
B. Drain permit
C. Burn permit
D. No permits can be issued
5. Who administers Wetland Easements?
A. U.S. Fish and Wildlife Service
B. Prairie Waters
C. Farm Service Agency
D. All of the above
6. How often can a wetland under easements be burned?
A. 8 years
B. 3 months
C. 3 years
D. 2 years
7. What year did the Food Security Act begin?
A. 300 B.C.
B. 1985
C. 1885
D. Never
8. What are the three central provisions of the Food Security Act?
A. Sodbuster, Swampbuster, and Conservation Reserve Programs
B. Hydric soils, hydrophytic vegetation, and saturation during the year
C. HELC, WC, and CRP
D. Both A and C
E. None of the above
9. Who administers the Food Security Act?
A. U.S. Fish and Wildlife Service
B. Farm Service Agency
C. Natural Resource Conservation Service
D. Farmer/producer
10. Why is the State Health Department involved in the draining of wetlands?
A. Ground Water Protection
B. Waste Water Protection
C. Surface Water Protection Program
D. Special Projects
E. All of the above
11. What is the role of the FSA in the prevention of draining wetlands?
A. Farm Bill Conservation Compliance
B. Form AD-1026
C. Provide aid with crop insurance, commodity, disaster, and conservation programs
D. A and B
E. All of the above
12. With the Farm Bill Conservation Compliance, what must the producers agree to?
A. Produce an agricultural commodity on highly erodible land without a conservation
system
B. Plant an agricultural commodity on a converted wetland
C. Convert a wetland to make possible the production of an agricultural commodity
D. Signing Form AD-1026
E. A, B, and C
F. All of the above
13. What are the State Water Commission and the County Water Board’s role with the drainage of
wetlands?
A. Control permits to drain wetlands
B. They have no role
C. Form AD-1026
D. Wetland Easements
14. Go onto the Ducks Unlimited website provided in the resources section. What are all of the land
aspects DU preserves for waterfowl?
A. Restoring grasslands and watersheds
B. Replanting forests
C. Replanting crop lands
D. Working with landowners, partners, and acquiring land
E. Conservation easements, management agreements, GIS
F. All of the above
G. A, B, D and E
H. A, C, D and
15. After learning about all of the impacts involved in draining a wetland, what would you do with a
wetland on your own property?
References:
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=pmel&topic=cce - USDA Farm Service
Agency Website, learn more about the Farm Bill and Conservation Compliance
http://www.legis.nd.gov/cencode/t61c32.pdf?20141028094748 - State Water Commission, permit
requirements if draining wetlands
http://www.ndhealth.gov/WQ/ - State Health Department, look further into the responsibilities of the
Division of Water Quality
http://www.fws.gov/mountain-prairie/realty/wetesmt.htm - US Fish and Wildlife Service, look into the
facts of Wetland Easement Programs
http://www.ducks.org/conservation/how-we-conserve - Ducks Unlimited, recreational users’ efforts
description to preserve wetlands
Landowner wants to drain wetland
Receive farm payments?
Yes
Follow protocol based
on Food Security Act
1985 enforced by
NRCS
Have a wetland easement?
No
Draining water on own land?
Can drain
No
Draining water off own land?
Get a permit from county
water board before draining
and inform neighbors
Yes
Can’t drain