From time to time, parts of Florida are blessed (or cursed, depending on your point of view) with an abundance of rainfall that results in extremely high water tables. Lakes rise to record levels, and property that used to be high and dry is frequently soaked to the point of saturation. If property remains in that condition long enough, it could be subject to government regulations applicable to wetlands.

Wetlands are areas of land that are subject to regular and periodic inundation and saturation by surface or ground waters, sufficient to support plant and animal life that require saturated soil conditions for growth and reproduction. The Florida legislature has determined that wetlands are deserving of special protection for various reasons, including the protection of aquatic plant and animal life, the conservation of areas of scenic beauty, and the preservation of valuable recharge areas needed to maintain water quality in Florida’s aquifers, which provide drinking water for most of the state’s residents.

How do you determine whether a wet piece of ground qualifies as a wetland? Wetland characteristics are the result of complex inter-relationships between climate and hydrological components which include frequency, duration and depth of water inundation. This makes determinations difficult, particularly when annual, seasonal and other periodic fluctuations are considered (such as unusually high levels of rainfall). A comprehensive evaluation could therefore require extended time periods for data collection and analysis. To shorten the process, experts look at the plants and soils in the area to determine whether there is a dominance of plant species and soils indicative of regular and periodic inundation or saturation. In most cases, a fairly definitive line can be drawn to delineate wetlands on this basis without actually measuring rainfall or groundwater levels over extended periods. Environmental consultants employ specialists with advanced degrees in biology, hydrology, botany and other related fields of study who specialize in making these determinations.

So what does it mean to you? If you own property which contains wetlands, the state can regulate your use of the land, even to the extent of prohibiting you from using it at all, depending upon the extent of the wetlands. Any filling, clearing or development of wetlands will require approval of the Florida Department of Environmental Protection, and may also require approval of the local city or county government. If the state thinks that your property contains wetlands and you don’t, you may need to hire a specialist to perform a definitive study. If there is still a disagreement, you may seek recourse to the courts. The presence of wetlands may not preclude you from using your property if you can tailor your use so as to avoid disturbing the wetlands area. In addition, it is possible to provide wetlands "mitigation" as a condition to development, which means that in exchange for a permit to develop the wetlands you agree to create a similar wetlands area elsewhere on your property, or contribute to a wetlands conservation program that acquires and preserves wetlands elsewhere in the state.

If you are buying property for development or investment, be sure to walk the entire site to determine whether there are any areas that may qualify as wetlands. If there are, you should probably put a clause in your purchase contract that allows you to have the areas studied by a specialist to determine whether you can use the property as intended, with the right to terminate the contract if the presence of wetlands interferes with your plans. Wetlands determinations are often done during an "inspection period" under the contract, in which the buyer performs a number of investigations to determine the feasibility of purchasing the property. You don’t want to find out after the closing that you can’t use your property for what you want.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.