Comment to Conserve Wetlands with Science-Based Drain Tile Setbacks

The U.S. Fish and Wildlife Service (USFWS) has opened a 14-day public comment period on a Request for Information (RFI) about drain tile setbacks- the minimum distance underground farm drainage systems should be installed from wetlands protected by federal conservation easements.  

Since the 1960s, the USFWS and farmers have teamed up to conserve millions of acres of wetlands through easement agreements under the Small Wetlands Acquisition Program (SWAP). Through this program, willing landowners sell conservation easements that conserve wetlands while allowing farming and ranching to continue on the rest of their property. These wetlands provide important habitat for migratory waterfowl, and other wildlife, help reduce flooding, improve water quality, and support healthy landscapes for hunters and anglers. These easements are particularly important in the Prairie Pothole region spanning Iowa, Minnesota, Montana, North Dakota, and South Dakota. 

Many farmers use drain tile, underground pipes that remove excess water from fields, to improve crop production, allow for healthy soil draining, and avoid catastrophic flooding. But if drain tile is installed too close to a protected wetland, it can pull water away from the wetland and reduce its ability to support fish and wildlife. 

To help prevent that, USFWS has used science-based setback standards for decades to determine how close drain tile can be installed to protected wetlands. In 2024, the USFWS finalized a rule that formally established a consistent process for calculating those setbacks. This rule also granted landowners who installed tile "safe harbor" if they followed FWS tile installation guidance and later the wetland was still found to have been drained. 

The current RFI does not change the existing rule. USFWS is asking the public whether its current process needs to be changed. The comments received during this 14-day period will help inform the agency's next steps. BHA is encouraging sportsmen and women to provide comments to make sure that USFWS understands we support the past 60 years of precedent recognizing that voluntary conservation easement wetlands should not be drained.