USFWS seeks public comment on setback rules for drain tile

Washington, D.C. — On July 24, the U.S. Fish and Wildlife Service published notice of a 14-day public comment period regarding drain tile setbacks on private lands adjacent to federal wetland easements. While the agency has yet to propose a new policy, some hunter-led conservation organizations fear the information-gathering period could signal changes on the horizon.

The USFWS acquires wetland easements on private lands from willing landowners in the Prairie Pothole Region of the Upper Midwest. In a part of the country where the overwhelming majority of migratory waterfowl habitat is on private land, these easements are crucial to protect that habitat from drainage or development.

But they are frequently adjacent to where landowners install drain tile, or sub-surface perforated pipes intended to draw water away from over-saturated agricultural lands. To avoid draining water from the adjacent wetlands under the easement, the USFWS sets rules for how far back from the easement boundary the drain tile must be installed.

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According to the Federal Register, USFWS leaders want more information around a rule published in May 2024 that established regulations for how landowners with wetland easements request the agency to calculate drain tile setbacks, and the process by which the USFWS does those calculations. The request specifically wants information about “how the current rule did or did not work as intended.”

“The Service is seeking to strike the right balance between preserving the wetland interests it has legally acquired and recognizing the property rights retained by the landowner,” the notice reads.

For some conservation groups, the request raises red flags.

“The current rule is working,” an action alert from Ducks Unlimited reads. “It protects critical waterfowl habitat, provides certainty for landowners through science-based setback plans, and preserves the integrity of conservation easements that have delivered enormous benefits for wildlife and hunters alike.

“Weakening these protections could open the door to the drainage of federally protected wetlands at a time when waterfowl populations are already under pressure and hunting opportunities face increasing challenges.”

Backcountry Hunters and Anglers CEO Ryan Callaghan weighed in shortly after the notice came out, pointing out that there are multiple models of conservation easements offered by different federal agencies – and USFWS is already getting it right.

“The U.S. Fish and Wildlife [Service] model is far superior if you like ducks, duck hunting, and migratory birds, including songbirds and pollinators,” Callaghan says in a video on Instagram.

“Or, if you’ve figured out that big ol’ mule deer bucks like to lay in those [wetlands] when it seems like there’s just no cover out there during archery season.”

Members of the public have until the end of the day on Friday, August 7 to submit comments.

Learn more and provide public comment at: www.regulations.gov/document/FWS-HQ-NWRS-2026-2641-0001