Wetlands bill improves rights of affected owners.

Wetlands bill improves rights of affected owners

Many owners of wetlands properties have had their land "taken," in effect, when denied a permit to develop it as they see fit. For this reason, the National Association of Realtors supports legislation that would compensate these property owners, clearly define a "wetland," and, streamline the permit process for those sites that can be developed.

NAR issued a call-to-action to its members today urging them to write their congressmen to co-sponsor H.R. 1330, "The Comprehensive Wetlands Conservation and Management Act of 1991," introduced by Reps. Jimmy Hayes, D-La., and Tom Ridge, R-Pa.

NAR strongly supports the preservation of legitimate wetlands but under current federal policies, private property owners have had their property rights and values diminished without just compensation in so-called wetlands areas, some of which have little or no ecological value.

Under the "Clean Water Act," which governs the use of wetlands, a property owner may be denied a permit to develop, build on, or farm a piece of land that has been classified as a wetland. However, the Fifth Amendment of the United States Constitution states that private property cannot be taken for public use without just compensation.

NAR President Harley E. Rouda said the Hayes-Ridge bill, which NAR strongly endorses, would not only remedy the problem of just compensation, but help to balance the environmental concerns our members share with the rights of private property owners nationwide.

"Passage of this bill is necessary to resolve many of the hardships suffered by wetlandsaffected property owners all over the country," he said.

Rouda said the bill would establish a clear definition of a wetland, which is long overdue, and, set up a classification system that would prioritize wetlands by function and value.

The legislation also calls for setting up a "one-stop-shopping" permit system, which would considerably cut through layers of bureaucratic red tape by allowing a property owner to go to just one federal agency to obtain a permit to develop their land.

In addition, the bill allows for "mitigation banking," which gives the property owner increased flexibility in developing their wetlands property in exchange for an agreement where the owner must make certain concessions. Another aspect of the bill provides for public comment and notification to affected wetlands property owners.

Rouda said NAR favors this bill because it successfully achieves the delicate balance between protecting private property rights and preserving our nation's valued wetlands.