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Who Needs a Local Wetland Ordinance?by Lois B. Robbins It wasn’t long ago that wetlands were considered wastelands. “Fill it, drain it, or dredge it!” was the battle cry of developers and property owners alike. Only within the last 20 years have we begun to realize that there’s more to wetlands than mosquitoes. Most people now understand that wetlands perform important free services. Among these are water purification, flood control, water recharge, and wildlife habitat. Yet less than half of the wetlands that were here at the time of European settlement remain, and their disappearance continues apace. Many local officials believe wetlands are now adequately protected through State law. While Michigan does protect wetlands over 5 acres in size, wetlands smaller than 5 acres are not protected in many Oakland County communities. Destroying smaller wetlands can compromise the integrity of larger ones with which they may have underground connections. Vernal ponds, small isolated wetlands that disappear in the summertime, are vital breeding areas for amphibians. As land is developed, these and other unprotected smaller wetlands disappear. There are other reasons to protect our local wetlands. Doing so will help our communities meet their EPA Phase II watershed management requirements. Additionally, local governments are better able to monitor their wetlands than the State is. With the same entity making decisions on site plans, plats and wetlands, wetlands with local protection have a better chance of surviving. Even local officials who understand the value of local wetland ordinances, worry about barriers they believe will impede their adoption. Cost is usually the first concern, and the perceived costs are not just the visible ones. They also involve acceptance by the public, costs to the community for potential job-loss, loss of potential tax-base, lawsuits for takings claims, etc. In actuality, many communities with local wetland ordinances are the fastest growing ones in Michigan Additional costs that may be involved can be recovered through fees for projects that are in the public interest with acceptable impacts to aquatic resources when no alternative sites are available. When people understand the value of a community’s wetlands, they will support the adoption of ordinances to protect them. As for the legal questions, there have been no successful takings claims against local ordinances, and no local Michigan wetlands ordinances have been struck down as unconstitutional. Another perceived barrier is the cost of inventorying a township’s wetlands, as required for a local ordinance. In the past, this was a legitimate concern. But today, with the mapping and digitized data layers now offered free on the internet through GIS, an initial inventory can be done from a computer, in 2 hours or less. Once established, the inventory can be utilized in making planning and zoning decisions, supplemented with on-site review. The cost of not adopting a local wetland ordinance could well exceed the cost of not doing so. A model ordinance is available at www.michigan.gov/deq. For more information, contact Libby Harris at esh324@comcast.net or Amy Lounds, DEQLWMDat (517) 241-8169 or loundsa@michigan.com .
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