Developers, not farmers, get biggest win from wetlands rule
WASHINGTON — President Donald Trump often points to farmers as among the biggest winners from the administration’s proposed rollback of federal protections for wetlands and waterways across the country. But under longstanding federal law and rules, farmers and farmland already are exempt from most of the regulatory hurdles on behalf of wetlands that the Trump administration is targeting.
Because of that, environmental groups long have argued that builders, oil and gas drillers and other industry owners would be the big winners if the government adopts the pending rollback, making it easier to fill in bogs, creeks and streams for plowing, drilling, mining or building.
Government numbers released last month support that argument.
Real estate developers and those in other business sectors take out substantially more permits than farmers for projects impinging on wetlands, creeks, and streams. But Mr. Trump and his administration put farmers front and center as beneficiaries of the proposed rollback because of the strong regard Americans historically hold for farming, opponents say. Mr. Trump traveled to New Orleans on Monday to speak to a national farm convention.
“The administration understands good optics in surrounding themselves with farmers,” in proposing the rollback, said Geoff Gisler, a senior attorney at the Southern Environmental Law Center.
Backers “have been really happy to have farmers be the face of it,” said Kenneth Kopocis, the Environmental Protection Agency’s deputy assistant administrator for water under the Obama administration. But the building industry, oil and gas and others with lower profiles in the campaign “are going to be some of the big beneficiaries.”
The more than 300-page financial analysis the administration released last month when it formally proposed the rollback appears to starkly quantify that disparity. Of 248,688 federal permits issued from 2011 to 2015 for work that would deposit dirt or other fill into protected wetlands, streams and shorelines, the federal government on average required home builders and other developers to do some kind of mitigation — pay to restore a wetland elsewhere, generally — an average of 990 times a year, nationwide, according to the government’s analysis.
In all, other industries and agriculture obtained an average of 3,163 such wetlands permits with some kind of extra payment or other mitigation strings attached each year. Farmers represented just eight of those on average in a year, according to the administration’s figures.
The U.S. Army Corps of Engineers, which administers the wetlands protections with the Environmental Protection Agency, and the National Association of Home Builders confirmed Friday that developers and other industries, not farmers, have felt the biggest impact from the federal wetlands protections and would get most of the financial breaks under the rollback.
“The residential construction industry does pull more wetlands permits than farmers do,” Liz Thompson, spokeswoman for the National Association of Home Builders, said in an email.
The Trump administration’s pending rollback of wetlands protections “could be a benefit to builders who will see some relief in terms of cost and time. That said, builders will still be regulated and will still be the industry that pulls the largest number of 404 permits which are very costly,” Ms. Thompson wrote, referring to the section of the Clean Water Act dealing with the regulatory enforcement and permits.
The administration’s proposal greatly narrows what kind of wetlands and streams fall under federal protection. If it is formally adopts it after a public comment period, it would change how the federal government enforces the landmark 1972 Clean Water Act and scale back a 2015 Obama administration rule on what waterways are protected. Environmental groups say millions of miles of streams and wetlands would lose protection.