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MD.300.8.2, LTP - Monitoring of Wetlands Reserve Program Easements and Cost Share Agreements

Maryland Bulletin: 300-8-2
Subject: LTP - Monitoring of Wetland Reserve Program Easements and Restoration Agreements
Date: 11/7/2007

Action Required By: March 1, 2008

Purpose. To provide management requirements to field offices with Wetland Reserve Program (WRP) easements and cost share agreements and remind offices of monitoring requirements for WRP easements and restoration agreements.

Expiration Date. September 30, 2008.

Explanation. 

The Wetland Reserve Program (WRP) emphasizes the protection, restoration and enhances the functions and values of wetland ecosystems to attain habitat for migratory birds and wetland dependent wildlife, including threatened and endangered species. Additional values include enhancement of open space and protection of native fauna contributing to the Nation's natural heritage.

Landowners have several options to select when enrolling into the WRP.

  • 10 Year Cost-Share Agreements are used to restore wetlands. These agreements expire ten years following the installation of the practice; however an agreement may extend beyond the 10 years.
  • 30 Year Conservation Easement
  • Permanent Conservation Easement

Under the conservation easement option, landowners have sold all rights to the property with the exception of ownership (title) and "quiet enjoyment". Restoration projects must be managed and maintained during the life of the agreement. Management includes monitoring, maintenance and enforcement of the site.

When a natural disaster occurs such as a severe flooding event or devastating fire, NRCS will assess and provide a status report of the site.

Restoration Agreement Management

Long-term maintenance and management of restoration agreement sites are the responsibility of the landowner. Refer to 440 Conservation Programs Manual, Part 514, Subpart - G - Quality Control for more detailed information concerning responsibilities.

Monitoring Restoration Cost-Share Agreements

Restoration agreements will be reviewed on the following schedule:

  • During practice installation as often as needed to ensure success.
  • After practices are established at least once each year for the life of the agreement
  • After a significant weather or other potentially damaging event including, but not limited to, flooding, forest fire and other major storms.

Items to be Reviewed

At a minimum, the review process should consider for the following:

  • The installed practices are operating as planned.
  • Maintenance activities are adequate to keep the installed practices effective.
  • The restoration requirements have been met.
  • The site provides quality wildlife habitat for priority species.
  • Photographs have been taken and maintained in the project file.
  • Other activities need to occur to improve the site for wildlife habitat.

Easement Management and Monitoring

The responsibility of easement management falls upon NRCS. NRCS may enter into agreements with other Federal or State agencies. Soil Conservation Districts or the landowner to perform operation and maintenance activities. Approvals for maintenance, repairs, or replacement of activities must be obtained from the State Conservationist.

Land Ownership Verification

Ownership of the land encumbered by the easement must be verified on an annual basis. When the field office is aware of a land ownership change, the ASTC-P will be notified and a letter will be prepared as outlined in Part 514.47.

Easement Inspections

At a minimum, on-site inspections will be completed every three years unless a violation is found. On-site inspections will require the easement boundary be walked to visually confirm the interior of the easement is not being used for unauthorized purposes. This inspection will also verify the presence of easement boundary signs which should be clearly marked as described in Part 514.31.

In years when there is no on-site inspection, the evaluation will be by slides, satellite imagery, aerial photograph or other methods appropriate to allow the integrity of the easement to be assessed.

When a violation is found, notify the ASTC-P to obtain further guidance.

Notification to Landowners of Upcoming Inspections

Landowners will be notified at least one week prior to inspection of an easement area. The landowner will be offered an opportunity to participate in the inspection. When possible, site inspections should be conducted in conjunction with other NRCS activities in a given area.

Prevention of Violations

The purpose of monitoring and site inspections is to prevent violations and subsequent enforcement activity. A good relationship with the landowner, an easement or cost-share document with clear and enforceable conditions, and a program of regular well documented status reviews will assist the agency and the landowner in preventing violations.

Action Required By March 1, 2008

The Designated Conservationist in field offices where WRP easements and restoration agreements exist will conduct a detailed review using the (Maryland) WRP Monitoring Checklist. As you conduct your on-site review, be aware of any encroachment of the easement area, presence of the easement boundary markings as described on the survey plat, and condition of the restoration practices.

If the field office does not have a copy of the surveyed easement area, you may request one from the State Office.

 

/s/

MARK A. ROSE
Assistant State Conservationist for Programs

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