Emergency Watershed Protection
Program - Floodplain Easements (EWP-FPE)
July 2008
The Federal Agriculture Improvement and
Reform Act of 1996 amended the Emergency Watershed Protection Program (EWP) to
provide for floodplain easement acquisition through the Natural Resources
Conservation Service (NRCS). The EWP easement program provides an alternative
for farmers with frequently flooded and damaged farmlands. The program’s primary
emphasis is to retire frequently-flooded bottomland from agricultural uses,
allowing the unimpeded reach and flows of floodwaters and improving wildlife
habitat. It also eliminates the need for future disaster payments on frequently
flooded cropland.
EWP-FPE Enrollment
The program only allows for permanent
easements.
Eligibility
Floodplains that include cropland, pasture or
timber, are eligible for EWP-FPE. The land must have been damaged by flooding
within the past year or at least 2 times during the past 10 years. Crop history
is not a consideration for eligibility, although cropland fields do receive a
higher score during the ranking process. Upland may be included within the
easement area but cannot exceed 50% of the total enrollment area.
Restoration Process
Restoration of new EWP easement sites
consists of seeding native plant communities, plugging drainage ditches,
breaking tile lines, breaking diversions and breaching flood control levees (if
applicable). Some shallow water excavation work may be included to enhance
surface hydrology and improve habitats for wetland-
dependent wildlife species. The construction and installation of impoundment
dikes or water control structures are generally not included since restoration
of the reach and flow of floodwaters is a major consideration.
Calculating Land
Values
The easement
compensation offer will be based on the lower of the following three options:
- A market analysis of recent comparable
sales by NRCS in the Crop Reporting District in which the land is located, or
an appraisal procured by the NRCS;
- The Geographic Area Rate Cap as determined
by the NRCS State Conservationist for the applicable Crop Reporting District;
or
- The landowner’s offer to NRCS.
The offer to the landowner is a “set amount”
and is not negotiable. NRCS gives the landowner up to several weeks to consider
the amount offered before accepting or rejecting the offer.
Payment Options
The easement compensation payment is made
when the easement document is executed and recorded.
Restoration Costs
The landowner enters into a cost-share
contract with the NRCS and is reimbursed 100% of the costs related to
restoration.
Landowner Rights
Although the land is placed under easement,
the owner retains several rights to the property including control of access and
undeveloped recreational uses (including hunting). The landowner
continues to be responsible for property tax and other taxes that may be
assessed. The NRCS acquires the authority to limit or restrict all other land
uses.
Other Information
Eligible easement
applications are placed on a waiting list based on ranking score. Application
for the program does not guarantee that a site will be selected or funded.
Historically, Iowa has not received enough EWP-FPE funds to accept and enroll
every site that is offered. Application is voluntary and applicants are not
obligated to proceed with enrollment up to the time that a formal written land
value offer is made by the NRCS and accepted (in writing) by the landowner. It
generally takes about 9 -12 months from the time an offer is accepted to the
time the easement is ready to record and the land value payment made.
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