Oregon bill would increase scrutiny of wetland conversions
Oregon farms shouldn’t be converted to wetlands unless county governments agree they won’t disrupt nearby agricultural operations, according to growers who support a bill before the Legislature.
Wetlands are currently allowed in Oregon farm zones, but Senate Bill 1517 would require local governments to first determine they won’t significantly change local farm practices, drive up costs or alter agricultural land use patterns.
“Farmers don’t have a meaningful opportunity to engage in that process right now,” said Mary Anne Nash, public policy counsel for the Oregon Farm Bureau, which supports the bill.
Farmers who testified in favor of SB 1517 during a recent legislative hearing listed numerous problems created by wetlands, which are often created in agricultural areas to offset the impacts of development elsewhere.
Wetlands can increase the frequency of flooding and impede the drainage of nearby farmland, as well as attract birds and noxious weeds to an area, according to growers who support the proposal.
Joe Rocha, who farms near the Tillamook Bay, said the changes in hydrology can kill grasses that dairies depend on for feed.
“They brought the saltwater closer to us,” he said.
Kathy Hadley, a farmer in Oregon’s Willamette Valley, said a 500-acre wetland bordering her property increases erosion during the wet season and attracts elk that damage fences.
Such problems can discourage potential buyers when farmers are looking to sell property, said Sharon Waterman, whose farm in Coos County is near a 400-acre wetland.
“Can we even sell our property? I don’t know,” she said.
Supporters of the bill emphasized that it would not block wetland conversions, but would enable a collaborative process in how they’re sited and designed.
“This bill allows rural Oregon and local governments to have a say in what happens in their communities,” said Mark Labhart, a Tillamook County commissioner.
Under current Oregon law, landowners who convert their property to wetlands are protected from legal liability for adverse effects on neighbors, the Farm Bureau’s Nash said.
In some cases, conservation groups that create wetlands also take over ownership of the property and benefit from this protection, she said.
The bill would clarify that this protection does not only apply if the landowner is also the designer or contractor who performs the work, Nash said.
Kelley Beamer, executive director of the Coalition of Oregon Land Trusts, said she’s concerned about this provision because many landowners put in wetlands themselves.
If they’re faced with liability, it may discourage landowners from undertaking wetland projects, said Jerry Nicolescu, executive director of the Oregon Association of Conservation Districts.
Nicolescu said he’s like to see better definitions of key terms in the bill, such as the “significant change” to farmland that can impede wetland projects.
“Significant to one person is not significant to another, he said.
Beamer said she’s also concerned about the level of review that wetlands will be subjected to across different counties. She also questioned why the current approval process by the Oregon Department of State Lands is insufficient.
“Where is that breakdown happening?” she said.