FEDERAL GOVERNMENT IS FAILING TO PROTECT WETLANDS; THEIR EFFORTS TO DO THE "RIGHT THING" HAVE LEAD TO CONFUSION, ABUSE AND A SITUATION THAT, IF IT WEREN'T SO SERIOUS, WOULD BE COMICAL

Today, few people deny the value of wetland to our overall ecological system. There has been a heightened awareness of the need to preserve existing wetlands. Wetlands support wildlife, such as waterfowl, assist in flood control, deposition of eroded soil, water purification and serve some recreational and educational functions.

This recognition of wetlands is newly found though. Historically, the United States and the State of Missouri have had policies that encouraged conversion of existing wetlands to other purposes.

The Federal government has taken the lead in preserving existing wetlands. This is as it should be. However, as is too often the case, their efforts to do the "right thing" have lead to confusion, abuse and a situation that, if it weren't so serious, would be comical.

The problem with the current program is that four different federal agencies designate and regulate wetlands. The jurisdictions, definitions, penalties and concerns vary with each of these four federal agencies (the US Department of Agriculture, the US Fish and Wildlife Service, the US Army Corps of Engineers and the US Environmental Protection Agency). Landowners must obtain permits from one or more of these agencies before doing anything on land designated as wetlands. Receiving a permit from one agency, however, does not guarantee the other agencies will accept their action. Many landowners have received permission to alter wetlands only to find themselves subject to fines and other penalties after completing the permitted action.

If dealing with four federal agencies isn't confusing enough; three Missouri state departments want to enter the fray. They each see a role for themselves in this wetland circus. These departments (the Department of Natural Resources, the Department of Conservation and the Department of Agriculture) if left unchecked, can only make matters more confusing for property owners.

The State of Missouri should enunciate a state wetlands policy. Preserving wetlands is important enough for state action. In developing this policy, it is very important to avoid the situation that has developed on the federal level.

A Missouri wetland policy should be based on four principals:

1. No net loss of wetlands in Missouri balanced with a common sense approach.

2. Each state agency should have a clear, non-overlapping role in preserving wetlands.

3. State agencies should not be allowed to delineate wetlands.

4. Property owners should be fairly compensated when existing usages are curtailed because of state wetland action.

One valid function of government is to husband our natural resources to insure their existence and continued contribution to us and our planet. Government fails, though, when any of its efforts are not plainly stated, fairly administered and balanced with the Constitutional rights of the individual. Even if the end result is admirable, a program must be evaluated on how this result was achieved. The federal government is failing on the program level in its efforts to preserve wetlands. Missouri must not repeat these failings in establishing a wetlands policy for our state.

Larry Thomason represents Kennett in the Missouri House of Representatives. He is vice chairman of the House Agriculture Committee and a member of the joint committee on Wetlands.