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Michigan Ag Republicans push to align wetland definitions to create more consistency for landowners

Michigan Republican lawmakers are concerned inconsistent wetland determinations could cost farmers access to USDA resources and threaten their farm viability.

During a recent state House Ag committee hearing, Representative Gregory Alexander shared his experience with wetland interpretations.

“As a (former) drain commissioner, and I’ve put in literally hundreds of millions of dollars worth of erosion control structures and kept everything in compliance, made sure all there’s grass on everything. I was accused of wetlands violations by the department, wrongfully.”

He says when violations are made, farmers become ineligible for USDA assistance like crop insurance and operating loans.

“Just an accusation of a wetlands is kind of like a black eye that sticks with you forever,” he says. “Through 10s of thousands of dollars’ worth of attorney fees and stuff, I was proven that I was right. It was prior converted by your own maps. And we’re kicking people out of programs because, you know, the wetlands police are, I feel, extremely excessive.”

Representative Jennifer Wortz says those regulations are one of the largest frustrations she hears from farmers and can make selling land to developers more attractive.

“We have thousands of acres being put into contract,” she says. “And I don’t blame the farmer per se. They’re faced with a rock and a hard place situation right now, (with) the difficulties and the challenges to be able to put forth and continue to farm year after year.”

Michigan FSA Administrator Joel Johnson says farmers can request a redetermination from the Natural Resources Conservation Service if there is disagreement with the determination.

Wortz, a farmer and former conservation district director, encourages farmers to submit issues to the USDA’s lawfare portal for potential solutions.

Several Republican members of the committee recently cosponsored a bill to revise how wetlands are defined in Michigan to more closely align with federal criteria.