May is American Wetlands Month, a time to recognize the ecological, economic, and social importance of wetlands. Established in 1991 by the Environmental Protection Agency (EPA) in partnership with federal, state, tribal, local, and non-profit organizations to promote wetland conservation, this annual observance presents an opportunity to celebrate these critical ecosystems and explore opportunities to strengthen their protection.
Wetlands are generally defined as areas of land where water covers or saturates the soil. Whether coastal or inland, wetlands have a distinct hydrology that allows them to play a vital role in the ecology of the watershed due to their combination of shallow water and high nutrient levels. As a result, wetlands are highly productive ecosystems and one of the most biodiverse habitats in the world, offering breeding, nesting, and feeding habitat for a wide range of species. In the U.S., many species, including threatened and endangered species, rely on wetlands; approximately half of all federally listed species protected under the Endangered Species Act are wetland dependent.
Beyond their role as biodiversity hotspots, wetlands provide numerous ecosystem services–in the form of direct and indirect benefits–to communities across the U.S. Wetlands improve water quality, help with flood control, prevent excessive erosion, recharge groundwater aquifers, and provide recreational opportunities. By supporting freshwater ecosystems and marine life, wetlands contribute significant ecological and economic benefits, with an estimated 60% to 90% of U.S. commercial fisheries depending on wetlands. Coastal wetlands also reduce coastal storm damage; for example, along the Atlantic and Gulf coasts, each square kilometer of wetlands provides about 36 million dollars’ worth of storm protection services over 30 years. Wetlands even contribute to climate change mitigation through carbon sequestration.
Despite their wide-ranging benefits, wetlands are increasingly threatened across the country. A U.S. Fish and Wildlife Service report found that over half of wetlands in the lower 48 states have been lost, and loss rates have increased by 50% between 2009 and 2019. Most of this loss is attributed to development, agriculture, and tree plantations that disrupt natural watershed processes, and wetlands’ existence and health are also threatened by sea-level rise and climate change.
As U.S. wetlands continue to degrade, our evolving regulatory frameworks are leaving many of the nation’s wetlands vulnerable. Through its May 2023 majority opinion in Sackett v. U.S. Environmental Protection Agency, the U.S. Supreme Court reduced federal wetland protections for an estimated tens of millions of acres. Replacing the previous “significant nexus” standard (which had covered more wetlands while reflecting the science of hydrological and ecological systems), the Court ruled that the Clean Water Act only protects wetlands with a “continuous surface connection” to traditional navigable waters, rendering many wetlands no longer protected as “waters of the United States” (WOTUS) under the Act’s jurisdiction. Although states retain the authority to protect their state waters through their own regulatory programs, in practice, about half of the states lack comprehensive wetland regulations and rely on federal regulations to protect their waters, and with it, their wetlands. Consequently, Sackett has created new, wide-ranging gaps in wetland protection across the U.S., leaving state and local governments to determine how to address the new legal landscape.
At ELI, we believe local governments are well-positioned to fill this regulatory gap, especially in states that lack wetland regulations. Municipalities and county governments generally have the authority to regulate land use and development in their jurisdictions, and this authority can be leveraged in a broad range of ways to conserve and restore wetlands. Even with shifting federal coverage, the many non-regulatory tools and legal mechanisms available to local governments can enable them to take on a more active role in protecting the wetlands that provide valuable ecosystem services to their communities. Additionally, local governments hold local knowledge of their waters, wetlands, and community dynamics, which is essential to understanding how to advance wetland protection and local interests simultaneously. Local governments tend to maintain close relationships with residents, landowners, and community groups, positioning them to foster public buy-in and facilitate community engagement in wetland conservation efforts. Given the diverse, multiple benefits that healthy wetlands provide to nearby communities, nearly all local governments are likely to have one or more good reasons to protect these ecosystems.
Some local governments are already stepping up to the challenge. From incorporating wetland conservation into local planning efforts to incentivizing voluntary wetland protection by landowners, there are examples across the U.S. of local governments taking initiative to safeguard their wetland resources. However, there are plenty of cases where a local government likes the idea of taking some action but lacks the time and resources to research options and identify its path forward.
ELI Resources
To help communities move from interest to action, ELI’s recently published Local Wetland Protection Playbook is designed to assist local governmental officials, landowners, community advocates, and others in identifying and using a range of tools to protect wetlands, advance local interests, and contribute to the protection of the larger watershed. The Playbook outlines the benefits of local wetland protection and the tools available to support it, while highlighting where, when, and how certain approaches can be applied and adapted to meet community goals. The first edition is tailored for use in Arkansas, but many of the strategies described in this edition are relevant to communities in other states. The Playbook will be updated periodically, with subsequent editions reflecting new opportunities, laws, and geographies.
In the lead-up to American Wetlands Month, ELI hosted a webinar, Protecting Wetlands: The Role of Local Government, on the role of local governments in protecting wetlands. The discussion focused on a case study of the Town of Bluffton, South Carolina, including the Town's creation and use of wetland maps and the adoption of ordinance changes to improve regulatory protections for its wetlands.
Additionally, a new People Places Planet Podcast episode, Wetlands Under Threat: Local Tools for Protecting Wetlands in a Post-Sackett World, features a conversation with wetland policy experts and on-the-ground practitioners about what local wetland action looks like in practice.
While American Wetlands Month highlights the importance of these vital ecosystems each May, ELI’s experts work year-round to advance wetland protection nationwide. For over five decades, ELI's Wetlands Program has provided professionals and the public with timely, balanced information on wetlands law, policy, science, and management in order to prevent wetland losses and achieve an overall gain of wetlands across the U.S.