North Dakota landowners dealing with decades-old federal wetland easements may soon have a greater role in determining exactly how those easements apply to their property.
The U.S. Department of the Interior recently announced that the U.S. Fish and Wildlife Service (FWS) will expand its review of Prairie Pothole wetland easements, with particular attention being given to easements acquired before 1976. The move follows years of disagreement between some North Dakota agricultural landowners and federal regulators over the location and extent of protected wetlands on private farmland.
For affected property owners, the changes could have important implications for drainage, land management and ultimately the productive use and value of agricultural property.
Why Pre-1976 Easements Have Been a Problem
Wetland easements are agreements under which the federal government compensates a landowner in exchange for permanent protection of certain wetlands while the property remains privately owned.
The challenge with many older easements is determining precisely which portions of a property are protected.
According to the Department of the Interior, easements acquired before 1976 generally lacked maps detailed enough to clearly identify the protected wetlands. FWS subsequently undertook an effort to map those older easements, completing that process in 2023. The resulting maps have generated concerns among some landowners about whether the newly delineated areas accurately reflect the wetlands originally intended to be protected. [1]
The issue is particularly significant in North Dakota, where drainage and water management can directly affect agricultural productivity. Some producers have argued that restrictions on managing water around protected wetlands can contribute to prolonged saturation and salt accumulation in surrounding soils, potentially reducing the productivity of otherwise farmable acres. North Dakota agricultural officials and landowners have raised these concerns publicly during discussions surrounding the easement program. [2]
Landowners Will Have a Greater Role in Reviewing Maps
Under the expanded Interior Department program, participation will be voluntary, and affected landowners will be able to review easement records and maps directly with FWS.
Importantly, the Department says revisions to an easement map will not be finalized without agreement between the landowner and FWS. Depending upon the circumstances of an individual property, potential solutions may include:
- Revising the wetlands identified on an existing easement map;
- Voluntarily protecting additional wetlands elsewhere; or
- Considering an exchange of easement acres.
The Department has also stated that the program will not reduce the total amount of protected waterfowl easement habitat. [1]
That creates a framework where the location of protected acres may potentially be reconsidered while the federal government maintains its overall conservation objectives.
Why This Matters for Farmland Owners
For agricultural landowners, accurately defining an easement is about more than knowing where a line appears on a map.
Wetland restrictions can affect drainage improvements, field configuration, farming practices and the number of acres that can be efficiently managed. Those factors can, in turn, influence rental income, marketability and farmland value.
Drain tile is an especially important consideration. Modern subsurface drainage can improve water management on poorly drained soils, but properties containing federal wetland easements require additional diligence before drainage improvements are undertaken.
Greater certainty regarding the location of protected wetlands could therefore help landowners better understand what improvements may be possible on their property.
A Broader Review Following North Dakota Discussions
The announcement follows continued discussions between North Dakota landowners, agricultural officials and federal policymakers.
U.S. Senator Kevin Cramer has been among those pressing the federal government for changes to its handling of older easements. Following a September meeting in Valley City involving Interior Secretary Doug Burgum, North Dakota agricultural leaders and area farmers, Cramer said progress was being made toward addressing landowner concerns. [3]
KFYR reported that the expanded effort follows an earlier pilot involving 24 North Dakota farmers and that the program is expected to broaden opportunities for additional landowners to participate in the mapping process. [4]
The Department of the Interior describes the expanded effort as an attempt to provide landowners with greater certainty while maintaining federal waterfowl-conservation commitments.
What Landowners Should Do
Owners of farmland subject to an older FWS wetland easement should pay close attention as details of the expanded program become available.
Before purchasing, selling, tiling or making significant drainage improvements to affected farmland, landowners and prospective buyers should determine whether a federal easement exists and understand exactly which portions of the property are subject to its restrictions.
For properties with pre-1976 easements in particular, the new review process may provide an opportunity to examine existing maps with FWS and address discrepancies or uncertainties regarding the easement’s boundaries.
For farmland owners, investors and buyers, clearer easement boundaries could provide something that has historically been difficult to obtain on some of these properties: greater certainty about which acres are protected and how the remainder of the farm can be managed.
Sources
- U.S. Department of the Interior, Interior Expands Program for Review of Prairie Pothole Wetland Easements, September 22, 2026.
- Public discussions involving North Dakota agricultural officials and landowners concerning pre-1976 FWS wetland easements and agricultural drainage.
- Office of U.S. Senator Kevin Cramer, Cramer, Agriculture Commissioner Goehring, and North Dakota Farmers Host Press Conference, September 25, 2026.
- KFYR-TV, Interior Department agrees to overhaul wetland rules on North Dakota farmland, September 28, 2026.
This article is provided for general informational purposes and should not be considered legal, engineering or drainage advice. Landowners should consult the appropriate professionals and regulatory agencies before modifying drainage on property subject to a federal wetland easement.
