Wildlife Service Seeks Input on Wetland Drain Tile Rules
Published Date: 7/24/2026
Notice
Summary
The Fish and Wildlife Service wants your thoughts on how they decide where landowners can place drain tiles near wetlands they protect. This affects landowners with wetland easements and could change how close drain tiles can be to these sensitive areas. You’ve got until August 7, 2026, to share your ideas—so jump in and help shape the rules!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
2024 Rule Applies Only Going Forward
A final rule published May 13, 2024 (effective June 12, 2024) codified how landowners may request drain tile setbacks; that regulation applies only to setbacks provided by the Service beginning on the rule's effective date (June 12, 2024). If a setback was determined before June 12, 2024, the 2024 rule does not apply to that earlier setback decision.
Landowners Report Unnotified Setback Losses
The Service notes that many landowners say they were not given setback distances when their wetland easements were purchased and were not compensated for subsequent loss of use of land outside the easement. These concerns relate to wetland easements in the Prairie Pothole Region (Iowa, Minnesota, Montana, North Dakota, and South Dakota).
Request for Input on Drain Tile Setbacks
The U.S. Fish and Wildlife Service is asking for information on how it calculates drain tile setback distances for wetland easements in the Prairie Pothole Region (Iowa, Minnesota, Montana, North Dakota, and South Dakota). You can submit comments through regulations.gov or mail and must submit them by August 7, 2026, at 11:59 p.m. Eastern time.
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