The state of Washington has introduced a bill (House Bill 1838) that seeks to mandate the development of riparian zones along waterways on agricultural land. The bill argues that aggressive ecological action in this area is essential to support salmon, defined within the text as a cornerstone species and as such, fundamental to the ecology of our state. As both a land owner and as someone that has regularly used and enjoyed public lands throughout my life, I have personally seen the benefits of riparian zones and fully support their development wherever it makes sense to have them. We currently have several acres under contract with the state to maintain a riparian zone that was established by a previous owner in collaboration with our county conservation service. This part of our land is beautiful, open to private recreation, and supports an amazing web of ecological wonders.
Busy beavers in the conservation area - note the stumps in the foreground and the length of tree trunk chewed into manageable sections laying down in the background.
The groove that follows the grass path around to the right is a game trail - deer and other animals have compacted the soil down about two inches by walking on this precise line. The majority of tracks and scat I find in this area are within a foot of this groove. It’s also where I find the most evidence of coyote kills, usually in the form of a pile of feathers or fur.
We have also been planning to reclaim several areas of our property currently in pasture and redevelop it as natural habitat — some as low-elevation open woodland, some as winter/nesting habitat for migrating waterfowl and other birds. Additionally, we’ve defined generous buffer zones along ditches and other areas that carry water in winter, allowing for natural vegetation to flourish in those zones to help absorb nutrients and limit their introduction into water systems, but also to remediate nutrients and pollution that enters our property from the surrounding area (roads, timberland, other agricultural activities, etc.). This way we keep our activities out of the water, and the water’s potentially harmful hitchhikers out of our living areas. We even had hopes of turning an old drainage ditch into more natural habitat by letting native shrubs develop alongside it and possibly even planting trees to make this corridor more attractive to wildlife. And that’s where the junior high school critical thinking skills kick in and suggest a conflict is lurking in our future...
The white cones are tree protectors for the 5 dozen cedar trees we planted last year. The grass was left uncut in 2021 and then flattened by snow and flooding, making a nice natural mulch that will hold moisture and moderate soil temperature well into summer.
So what happens when this ditch, which local lore says was first cut in the 1950s, turns into a vibrant natural ecosystem? What happens when we do such a good job of helping nature balance itself that it stays green all year, and even possibly holds water year round? I’ll tell you what happens — an eager and well-meaning state-funded ecologist will see it on a Google satellite photo, declare it a stream, and subsequently require compliance with the mandates in House Bill 1838. These mandates are aggressive — if the above hypothetical scenario were to play out as I’ve described, we’d lose the use of more than ten percent of our land, just based on that one ditch alone. In some places, these mandates could make up to 235 feet on each side of the ditch (a 470 foot wide corridor) unusable for agriculture. That puts our bedroom right smack in the middle of a state-mandated no-go zone! Housing tracts all over America are sitting on what used to be ecologically vital riparian zones since time began, but our 70-year-old ditch will be out of compliance.
Pasture puddles host a variety of bugs, slugs, and other thugs, attracting waterfowl to the smorgasbord where they turn dinner into fertilizer. The puddles also give them a relatively safe place to bathe and oil their feathers, helping to keep them waterproof and buoyant. We see wild ducks here daily, and sometimes geese or swans, throughout the winter months.
Yes, there are provisions in the bill for exceptions, such as existing structures, financial hardships, etc. Ever heard the term slippery slope? A little bit here, a little bit there, and the next thing you know, carrots are $20 a pound. Loss of viable farm land means less food security for a rapidly growing population, continually being squeezed out of the healthy green places and packed into virulent high-density urban centers. Now I’m thinking maybe it’s not such a good idea for all that self-directed and privately paid for ecological work along the ditch. The potential unintended consequences of both this bill and my ecological eagerness exceed my capacity for imagination.
A rare treat - 4 swans stopped by for a splash and a snack in early January. The photo is fuzzy because it was taken at a range of 200 yards with my phone. In other words - these birds are B I G!
After some careful reading, I’m starting to feel like HB 1838 might not be as scary as the Farm Bureau made it sound. But that’s just it — you’ve got to read these things. You’ve got to set aside the time to read the proposed bills, talk to others that understand the implications, learn about those that wrote the proposals, and uncover their motives... oh look! A pair of our geese are mating on the pond! It’s their first time (at least that I’ve seen — having livestock for breeding means one must engage in voyeuristic behaviors around the farm, and lately I’ve been inside more that out) which means that I’ve got to hustle now and get nesting/housing built, brooders ready, segregate the other birds so the protective hormonal geese don’t hurt them...
...and that’s how they get you. You think “oh yeah, I really need to study up on this policy/regulation/bill/emergency powers thing” and then you get distracted by geese mating, your spouse’s amazing cupcakes, or some basket of socks that need folding, and the next thing you know you’re paying taxes for a mandate that forces you to live in a shoebox and pay $30 a pound for carrots (see — inflation already!). You might not live in Washington, or you might think that you will not be impacted by rural environmental requirements, but it really is all connected.
So what to do?
1. Read the bills, not just the headlines, and think critically.
2. Know your farmer — be on a first name basis with someone that feeds you and your family.
3. Stay tuned for the cutest baby geese pictures of all time.
Links for those that want to learn more about House Bill 1838:
Full Text of the Bill
https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/House%20Bills/1838.pdf?q=20220113115229
Washington Farm Bureau’s Action Alert:
https://mailchi.mp/651132f6970a/wfb-action-alert-we-need-your-help-to-stop-dangerous-buffer-bill?fbclid=IwAR31BcsQn_0cWQxPvCJIzJ8px4JkUlClwGhIvGH1uP9uIDpQe0IMaANElFA
Washington Environmental Council / Environmental Priorities Coalition site (see links on this page for the Lorraine Loomis Act)
https://wecprotects.org/our-work/areas-of-work/environmental-priorities-coalition/