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FWS May Loosen Drain Tile Rules Near Protected Wetlands. Comments Due Aug. 7.

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FWS Reconsidering Drain Tile Setbacks Near Protected Wetland Easements

The U.S. Fish and Wildlife Service published a notice on July 24, 2026, asking for public input on how far underground drain tile must be placed from federally protected wetland easements in five states, including South Dakota. The agency is reconsidering its current site-specific science approach, which uses soil type, slope, tile depth, and groundwater conditions to set those distances case by case. Public comments close August 7, giving the public just 14 days to weigh in.

Drain tile is buried, perforated pipe used to pull water out of farm fields. It does not need to run through a wetland to drain one. Modern systems can intercept groundwater, snowmelt, and rainfall before water ever reaches the basin, leaving the wetland visible on a map while holding less water for shorter periods, or eventually none at all.

14 days is the entire public comment window on a five-state question involving hydrology, private property rights, and permanent conservation agreements.

Northeastern South Dakota holds thousands of small wetlands protected by permanent federal easements. Landowners voluntarily sold those easements in exchange for one-time payments funded in part by federal Duck Stamp purchases. In return, landowners agreed the wetlands would not be drained, filled, leveled, or burned. A permanent easement is meant to protect a functioning wetland, not a dry outline in a government file.

Conservation organizations including Ducks Unlimited and Delta Waterfowl have warned that loosening the setback system could drain wetlands that hunters and taxpayers already paid to protect. These shallow basins support shorebirds, cranes, grebes, herons, pelicans, and migrating birds. They also sustain the insects and plants that grassland birds depend on during spring migration and nesting season.

The current site-specific approach accounts for the fact that water does not stop at a line on a map. A shift toward fixed, uniform rules could make it easier to place tile closer to protected wetlands without triggering a formal review, regardless of local hydrology.

What You Can Do Now

  1. Submit a public comment directly to FWS at regulations.gov before August 7. Tell the agency you support keeping site-specific, science-based setback determinations. Reference docket number FWS-HQ-NWRS-2026-2641. Even a short comment noting that you live in South Dakota and rely on these wetlands for hunting, wildlife, or water quality carries weight.

  2. Call your U.S. senators at (202) 224-3121 and ask them to press FWS to extend the comment period beyond 14 days. A rule affecting five states and thousands of permanent easements warrants more than two weeks of public review.

  3. Contact South Dakota’s congressional delegation directly. Senator Mike Rounds sits on the Senate Agriculture Committee, which has jurisdiction over conservation programs. His Washington office can be reached at (202) 224-5842. Ask him to demand a longer comment window and preservation of site-specific setback standards.

  4. Read the full Federal Register notice at federalregister.gov/d/2026-14995 before commenting. Specific, detailed comments tied to the rule’s language carry more regulatory weight than general support statements.

Sources

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