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Options for Strengthening Wetland Protection

Voluntary Initiatives

Wetland protection laws are designed to ensure that damage by human activities is minimized. Voluntary
initiatives are a positive way for citizens and landowners to contribute to the health and quality of Benzie
County's wetlands.
Consider taking the following steps:
*Establish a vegetative buffer or greenbelt of native plants around wetlands.
*Modernize and maintain septic systems to ensure that seepage will not pollute wetlands and
groundwater.
*Build fences around wetlands to prevent damage from pets and livestock.
*Avoid using fertilizers and pesticides to eliminate the chance that nutrients and chemicals will
contaminate wetlands. If such products must be applied, use organic or least-toxic alternatives.
*Prevent wetland disturbance when planning property divisions.
*Tell your neighbors about the value of wetlands, and encourage them to support wetland protection.
Guidebooks, government programs, and private consultants can assist landowners in identifying wetlands
and developing effective protection plans. The Michigan Land Use Institute has a list of such resources,
available free upon request.
Legal Protections
Landowners who wish to voluntarily establish permanent protections for their wetlands may consider
donating them to a government agency or to a land conservation organization, with the condition that they be
protected.
Landowners also can choose to attach deed restrictions or conservation easements to property that prohibit
development of wetlands.
*Deed restrictions limit subsequent owners of the land from certain stated actions.
*Conservation easements are legal agreements that allow a landowner to retain private ownership while
donating certain rights to a government agency or to a land conservation organization. Such easements
sometimes can provide tax benefits.
The Grand Traverse Regional Land Conservancy is a local resource for Benzie County residents interested
in conservation easements. For the address and telephone number, see pages 11-12.
The Role of State Government
Many of the wetland fills occurring in Michigan are permitted by the Department of Environmental
Quality. Or, they are the result of activities like ranching, oil and gas development, and agriculture, which are
exempt from the wetland protection laws.
In addition, in recent years there has been a marked decline in the commitment of top DEQ officials to
protect wetlands. State administrative law judges routinely accommodate developers by granting permits to fill
wetlands.
By writing letters and making phone calls, concerned citizens will demonstrate to regulators and elected
officials that there is a local support for wetland protection. For the addresses and phone numbers, see pages
11-12.
Citizens can also comment on specific wetland fill applications. When doing so it is important for citizens
to collect the pertinent details, and submit constructive comments to decision-makers. The Michigan Land Use
Institute currently receives a list of pending wetland permit applications, and can assist citizens in drafting
their comments.
The Role of Local Government
The Michigan wetland law allows townships, villages and counties to develop local regulations to help
stop the loss of wetlands.
There are many benefits to local involvement in wetland protection. Local programs can fill in areas not
covered by state and federal laws, such as regulating small wetlands and exempt activities. Local oversight
also can provide landowners and developers with quicker response to questions, and shorter delays for site
inspections and permit reviews.
Options for local governments include:
*Integrating wetland maps and principles of wetland protection with local land use plans to encourage
well-coordinated future development patterns.
*Incorporating wetland protection measures in the local site plan review process to ensure that
development proposals occur in a way that prevents the destruction of wetlands.
*Adopting ordinances that require landowners to secure a wetland permit before receiving other local
permits. This simple step places a review of wetlands at the beginning of the development process. It
helps to avoid expensive delays, and ensures that landowners are fully aware of the development
restrictions before a significant investment has been made.
*Adopting stand-alone ordinances that assume full authority to enact and enforce local wetland
regulations. These programs typically contain standards that are more restrictive than state and federal
wetland laws.
Such programs require the strong support of citizens, so that adequate funding can be allocated and local
officials have the community support needed to enforce the ordinance. Many communities across Michigan
already have successfully implemented local wetland programs that enjoy broad public support.