A Brief History Wetland Management in the United States
1700s to the 1970s
For much of the nation’s history there has been an ongoing loss of wetlands. This loss is caused by natural erosion, consumption of natural resources, and conversion practices, such as filling, damming and flooding, or drainage, to alter the land and allow for development or agricultural uses. Conversion of wetlands for agricultural use increased rapidly beginning in the 1800s as new technical advances became widespread.
The first formal federal actions influencing wetland management came with the passage of the Swamp Land Acts during the mid-1800s. These pieces of legislation ultimately allowed 15 states to convert or reclaim their swamps and wetlands. The Swamp Land Acts also began a century-long federal position in favor of wetland conversion and drainage to encourage development.
Wetland conversion and drainage expanded further in the 1900s as the federal government began assisting with major wetland drainage projects through the U.S. Army Corps of Engineers (USACE). By offering cost-sharing in the early 20th century, the federal government made these large-scale projects financially feasible. One exception to the support for wetland conversion during this period was the passage of the 1934 Migratory Bird Hunting Stamp Act, one of the first acts to encourage limited wetland restoration.
By the middle of the 20th century the federal government had implemented a number of legislative, regulatory, institutional and financial incentives to convert wetlands. These incentives led to both direct and indirect wetland losses. The U.S. Department of Agriculture (USDA) administered a number of programs and public works projects and provided technical assistance which subsidized additional wetland loss. USGS estimates there was an annual loss of 450,000 acres of wetlands over a 20-year period between 1955 and 1975.
1970s to Today
Later in the 20th century, public opinion and the federal government’s position on wetland conversion began to shift. In the 1970s, many of the federal policies incentivizing wetland conversion were rolled back, complicating the financial feasibility of conversion projects, and the first federal protections were put in place. These protections are still in use today.
One of the most significant pieces of legislation for federal wetland management was the Clean Water Act (CWA), passed in 1972. The CWA is intended to eliminate point and nonpoint pollution in the nation’s surface waters. It also contains the first use of the term “waters of the United States” or WOTUS. Section 404 of the CWA is the main federal authority used to regulate wetlands management. Specifically, Section 404 mandates the regulation and permitting of all pollutant discharges, including dredged or fill materials, into a WOTUS. This authority led to the development of additional industry wastewater standards and recommendations for water quality criteria.
Various federal agencies have authority to regulate wetlands. Under the CWA, the EPA develops policy, guidance and criteria for the Section 404 permitting program and provides oversight of the wetlands permitting process. Through the Office of Water, the agency uses this authority to restore and maintain watersheds, including wetlands, to preserve the integrity of these natural resources. USACE also has the central permitting and enforcement role over all discharge of dredged or fill material into all waters of the United States, including wetlands. The CWA fosters a tangential role for the U.S. Fish and Wildlife Service (USFWS) in the Section 404 permitting program, which is tasked with providing evaluations of the impacts on fish and wildlife for federally permitted projects.
By the 1980s as little as 103 million acres of wetlands remained—a historic low. The federal government began introducing new legislation to combat wetland loss, including the Food Security Act of 1985 (FSA). Also known as “Swampbuster,” this legislation remains one of most significant deterrents for wetland conversion in the agriculture space. It is executed as a conservation compliance provision, which prohibits farmers and other agricultural producers from converting wetlands for agricultural purposes. The consequences of converting wetlands today render the producer ineligible for USDA benefits until the wetlands are restored. An estimated 90,000 acres of wetlands were added during this period following the Swampbuster provisions.