Wetland Issues and Concerns

During the last several years, with more and more emphasis given to preserving wildlife and protecting the environment, more properties are being offered for sale that have wetland designations within them. To a buyer, this usually means purchaser beware. This is because in the final analysis it is the responsibility of the buyer to determine what the exact limitations are for the utilization of such property. This writer has found that in the county where I live, the best protection for a buyer making an offer on land with apparent wetlands restrictions is to make the purchase and sales agreement contingent upon a feasibility study.

Our county health department, which ultimately provides the necessary permits for improvements and building on properties, recommends that a buyer of such properties first hire a wetlands consultant. The consultant could then prepare the necessary drawings and other documentation necessary for the county to review and approve. The drawings should be prepared with various setbacks documented in accordance with existing county or state requirements, as applicable.

It has been this writers’ experience that often several offers are made for a given piece of property having designated wetlands, over a protracted period of time, until a “satisfied” buyer purchases the parcel. Due to the fact that only a portion of these lands are“useable”, less than the original asking price is usually what these properties sell for.

Surprisingly however, just because a parcel has designated wetlands it does not necessarily mean it is worth less. For some people, a wildlife habitat within their property is considered an asset not a liability. Like most things in life the value is in the eyes of the beholder.