Selling land with wetlands
Land with federally protected wetlands limiting development and use options. EPA or Army Corps of Engineers jurisdiction requires a Section 404 permit to discharge dredged or fill material into jurisdictional wetlands. Buyer pool restricted to conservation buyers or those with specific wetland-compatible uses. The 2023 Supreme Court ruling in Sackett v. EPA narrowed federal jurisdiction but state regulations still apply.
What to expect
- Typical timeline
- Varies widely (environmental assessment and regulatory review add time)
- Typical costs
- Phase I environmental assessment; wetland delineation study; legal review of restrictions; 5-10% reduced commission; 1-3% closing costs; a valuation discount from developable land
Key risks
- EPA/Corps jurisdiction disputes
- Restoration liability for property owners
- Permits can be required for filling or dredging, even small amounts
- Property value discount from developable land
- Restricted buyer pool
- Environmental contamination possible
- Deed restrictions may run with land
How each state handles wetland-restricted property
General information, not legal or tax advice. Confirm current rules with your county, an attorney, or a CPA before you act.
No specific state rules found for this scenario.
Would a cash offer be simpler?
Send your county, state and parcel number. We research the parcel and send a written offer. You pay nothing, and every closing runs through a title company.
Disclosure: this site is published by Liberty Acres, a family-owned land company. We may make an offer on your land.