All situations

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.