Wetlands Protection Benefits Your Land and Your Investment  

Since the majority of the wetlands here in Texas are privately owned, the conservation and protection of them should be a concern for Texas landowners. Wetlands are one of the state’s most valuable natural resources and there are both state and federal regulations that landowners must abide by. There are also a number of programs, incentives, and tax advantages that landowners with wetland property can qualify for. So let’s dive into why wetlands protection is important and how conservation efforts not only benefit the land, but also your investment in it.  

What are the Texas wetlands? 

The Texas wetlands include swamps, bottomland hardwood forests, marshes, bogs, springs, and playa and saline lakes. You’ll find wetlands along rivers, streams, lakes, and other areas where surface water collects or groundwater seeps. These areas provide an essential habitat for many plant and animal species. They also act as a filter for sediments, nutrients, and other pollutants that would otherwise reach rivers, streams, and lakes. Wetlands serve as a natural flood control system protecting Texas landowners from damaging flood waters. Landowners are attracted to properties with wetlands for many purposes including hunting and fishing.  

Regulations, Programs, and Incentives 

To help protect the Texas wetlands, both the state and federal government have regulations on how landowners can use or alter the wetlands. If you currently own property in a wetlands area, you should get familiar with these regulations. Not only do they serve to protect the environment and your land, there are also some real incentives involved too. 

On the federal level, section 404 of the Clean Water Act is the primary regulation for wetlands. This is administered by the U.S. Army Corps of Engineers. Texas also encourages wetlands conservation and protection through various programs and incentives, which we’ll now discuss. 

The tax advantages of wetlands protection 

There are potential tax advantages for open-spaced land devoted to wildlife management use. For example, instead of the land being taxed at market value, it’s taxed based on the land’s “productive value” which results in a lower tax liability for the owner.  

Land may also qualify if it is under a conservation easement or qualifying habitat conservation plan. To qualify, landowners must submit a wildlife management plan to the local tax appraisal where their property is located and submit an annual report after approval. 

Conservation may be achieved through various mechanisms such as landowner agreements, conservation easements, by acquisition, and by mitigation. Local, state, federal, or other private organizations acquire privately owned wetlands to provide habitat protection and allows public recreational access.  

The Texas Wetlands Conservation Plan 

The Texas Wetlands Conservation Plan is one of these plans that is available to landowners. It’s a voluntary conservation effort managed by Texas Parks and Wildlife Department. There are three regional advisory groups that make recommendations and provide information to private landowners as well as local, state, federal governments, and agencies. One goal of the Plan is to assist landowners so that they can make beneficial economic decisions while protecting wetlands. The Plan also provides financial, technical, and education incentives to landowners to encourage conservation.  

The Landowner Incentive Program 

There are various other programs offered through TPWD, U.S. Fish and Wildlife Service, USDA, and other wildlife management associations. One such program is the Landowner Incentive Program which provides funding for landowners who seek to enact conservation programs on their land. In this program, a biologist from TPWD is consulted to create a proposal for funding your specific conservation project. The Texas Prairie Wetlands Project is a cost-share assistance program that develops wetland habitats on private land along the Texas coastline. In addition, TPWD provides educational workshops and field days for interested landowners. 

While some questions about the regulations involved with wetland properties can be answered by a broker, only a lawyer can give you legal advice. Tony Malley is both a real estate broker and lawyer.  His team at Texas Land Brokers can find you a wetland property, negotiate the contracts, write easements, and help you identify programs and incentives that will benefit you for wetland protection.