What ACEP Is
The Agricultural Conservation Easement Program has two distinct components that serve entirely different purposes. Agricultural Land Easements (ALE) protect productive farmland from being converted to non-agricultural uses. Wetland Reserve Easements (WRE) restore prior converted wetlands and pay landowners for giving up future drainage and cultivation rights on those acres.
For most Southern Illinois landowners, the relevant component is WRE. The Illinois bottomlands along the Cache River, Saline River, Big Muddy, and their tributaries contain large areas of prior converted wetland — ground that was drained and cropped in the mid-20th century but retains wetland hydrology potential. ACEP WRE targets exactly this type of land.
The program makes two separate payments. First, NRCS appraises the agricultural value of the land and pays the landowner for the easement — the right to restrict drainage, cultivation, and development on the enrolled acres. Second, NRCS funds the physical restoration work: tile removal, basin grading, water control structure installation, and native vegetation establishment. The restoration funding can cover up to 100 percent of approved costs.
The Cache River Wetlands in Union and Johnson counties and the bottomlands along the Big Muddy and Saline rivers represent some of the highest-priority wetland restoration areas in Illinois. Prior converted bottomland in these areas regularly qualifies for ACEP WRE. Proximity to existing protected areas and active NRCS focus on Cache River restoration has historically made Southern Illinois a strong area for WRE enrollment.
WRE vs. ALE: Two Different Programs
WRE Easement Options
NRCS offers three WRE options with different terms and compensation levels.
Permanent WRE pays the full appraised agricultural value of the enrolled acres. The restriction is permanent and runs with the land deed. If you sell the property, the buyer takes it subject to the easement. Restoration costs are funded at up to 100 percent. This is the highest-value option but permanently limits what can be done with the acres.
30-Year WRE pays a reduced percentage of the appraised value — NRCS sets this rate, typically in the range of 50 to 75 percent of the permanent value. After 30 years, the easement expires and the landowner can drain and farm the acres again if they choose. Restoration costs are still covered. If you are uncertain about permanently committing the land, the 30-year option allows re-evaluation at contract end.
30-Year Agreement is a third option available in some circumstances where a formal easement is not feasible. It functions similarly to the 30-year WRE but uses a different legal mechanism. Terms and payment rates vary.
A permanent WRE survives a sale of the land. If you enroll 80 acres under a permanent WRE, sign the easement, collect the payment, and then sell the farm — the buyer takes those 80 acres with the permanent easement restriction in place. This must be disclosed in any real estate transaction. Buyers cannot drain or cultivate those acres regardless of what they paid for the land. Think carefully about permanent enrollment on ground with long-term development or resale potential.
What the Easement Payment Covers
The easement payment compensates you for the agricultural productivity value you give up by enrolling the acres. NRCS appraises this based on the county cash rental rate for comparable soils, capitalized at a standard rate. Bottomland that floods regularly and produces marginal crops typically has a lower appraised value than high-productivity upland. The appraisal determines the payment, not a flat per-acre rate.
After the easement is recorded and signed, NRCS pays the easement value in a lump sum. The restoration payment is separate and comes later — after the restoration work is completed and inspected.
What the Restoration Work Actually Involves
WRE restoration on prior converted bottomland is significant earthwork. The baseline assumption is that the wetland hydrology was eliminated by drainage tile, ditching, or pumping. Restoring it means reversing that work.
Tile plugging or removal is almost always required. Subsurface drainage tile must be located, cut, and either plugged permanently or removed from the restoration footprint. Finding and cutting field tile that may have been installed 50 or 60 years ago with no maps requires equipment and experience.
Basin shaping establishes the target wetland contours. Natural depressions may need deepening; high spots within the footprint that would prevent ponding may need grading. The NRCS engineering design specifies target grades for each part of the basin, and the contractor works to those grades with GPS or laser-guided equipment.
Water control structures — typically stoplog risers or flashboard risers — regulate seasonal water depth. Excavation for the structure foundation and the inlet and outlet pipes is part of the restoration scope. Structure installation requires precise elevation work.
After the earthwork is complete, native seed mixes go in. The seed establishment is typically contracted separately from the earthwork, but site prep for seeding (disking, debris clearing) is often part of the earth contractor's scope.
A Union County landowner has 65 acres of prior converted bottomland along a tributary of the Cache River. The ground was tiled in the 1960s and has been farmed, though it floods most springs and yields poorly. NRCS identifies it as priority WRE ground.
NRCS appraises the agricultural value at $1,100 per acre. Easement payment: $71,500 (65 acres x $1,100), paid at signing of the permanent easement. NRCS then funds up to 100 percent of the approved restoration budget: tile removal, basin shaping, water control structure installation, and native seeding. The landowner has no out-of-pocket restoration cost. The 65 acres become a functioning seasonal wetland. Marginal flood-prone cropland becomes a paid-off permanent wetland.
How the Payments Actually Work
The easement payment and the restoration payment are two completely separate transactions. This is the part that causes the most confusion in ACEP WRE enrollment.
The easement payment is processed once the easement document is approved, signed, and recorded. NRCS pays the appraised value directly to the landowner. This can take many months from initial application to payment — NRCS must complete the appraisal, the environmental review, title work, and easement document preparation before closing.
The restoration payment is a reimbursement process. After the easement is closed, NRCS develops a restoration plan and a restoration cost estimate. The landowner selects a contractor and the work is completed to NRCS specifications. After the work passes NRCS inspection, the restoration costs are reimbursed. You pay the contractor first, then NRCS reimburses you — or in some cases NRCS contracts the restoration work directly.
ACEP WRE is funded annually through the Farm Bill. Applications are accepted and ranked, and enrollment depends on available funding in a given fiscal year. High-priority areas with strong habitat value and willing landowners move to the top of the queue. If your application is not funded in the current year, it may be reconsidered in subsequent years. Contact your NRCS office early — enrollment windows and funding levels change.
What You're Committing To
Under a permanent WRE, the restriction is recorded against the deed. You give up the right to drain, cultivate, or develop the enrolled acres. Hunting, fishing, compatible recreational use, and timber harvest with NRCS approval are generally allowed. The specific permitted and prohibited uses are spelled out in the easement document before you sign.
You remain responsible for maintaining the conservation values on the land. If the water control structure is damaged in a flood, you are required to repair it. Invasive species that threaten the wetland cover must be managed. NRCS monitors easements periodically and can require corrective action for violations.
Selling the land is permitted. The buyer takes the easement. You must disclose the easement in the sale and the buyer is bound by the restrictions regardless of what they paid.