Wetlands are crucial havens for plants, animals, and clean water. To construct, plant, or alter a wetland, you must comply with wetland permit requirements.
If you are unsure of the regulations, look for a property lawyer in Kenya to help you understand what to do.
Here is everything about wetland permit requirements in Kenya, the licenses you need, and how to get them.
What is a wetland permit?
The legal definition of a wetland in Kenya is land with peat soil that is always waterlogged. Wetlands in Kenya comprise swamps, marshes, banks of rivers and lakes, and ecosystems quite distinct from other systems.
Wetlands account for 2.5-4% of Kenya’s land area, comprising approximately 14,000 square kilometers, increasing to 6% during the rainy season.
(Food and Agriculture Organization (FAO), World Bank, Statista, and Kenya’s National Environment Action Plan (NEAP))
Important wetlands are Yala Swamp, Tana River Delta, and Lake Naivasha. They filter water, mitigate floods, and sustain biodiversity, including birds and fish.
Wetlands are protected under the Environmental Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009.
For any action within a wetland, wetland standards must be fulfilled to prevent harm. With half of the world’s wetlands disappearing since 1900 and threats to the Kenyan wetlands from the same sources, permit requirements on wetlands are essential.
What Is a Wetland Permit?
A wetland permit is a piece of paper from the government that permits you to do some things in a wetland.
This permit is issued by the National Environment Management Authority (NEMA), under the jurisdiction of the Environmental Management and Coordination Act (EMCA) 1999, and the 2009 Wetlands Regulations, in Kenya.
The wetlands permit process methodically ensures activities like development, farming, or draining won’t obliterate wetlands.
The wetland permit application process is one in which we evaluate whether your project complies with environmental regulations.
There are various categories of permits, including a wetland individual permit for large projects or a national wetland permit for smaller, approved activities.
You may be fined or stopped entirely for not having a wetland permit.
When Do You Need a Wetland Permit?
You must have a wetland alteration permit to alter a wetland area. Permits are required by Kenya’s wetland zoning rules for activities including building, digging, draining, or filling.
Here are instances in which wetland permit requirements would apply:
- Constructing any structure, such as a residence, road, or bridge (wetland building permit).
- Agriculture involves growing plants that cause soil disruption.
- Draining the water from a wetland is necessary to develop the land.
- Cutting or filling of a wetland.
In Kenya, 49% of wetlands do not have conservation plans; hence, the rationale to invest in a permit requirement to avoid degradation.
Small changes that include clearing plants might require a wetland permit as well.
If something you’re doing affects water flow, soil, a plant that grows in a wetland, etc., you must get wetland permit requirements from NEMA.
Call NEMA early to verify if your project warrants a wetland permit.
Federal and National Permits in Kenya
In Kenya, the principal statute governing wetland permit provisions is the Environmental Management and Coordination Act (EMCA), 1999. Wetlands permitting is NEMA’s responsibility. Here’s how it works:
Environmental Impact Assessment (EIA)
You must complete an EIA as part of the wetland permit process. This analysis tests how your project impacts the wetland. This EIA report forms part of the wetland permit application to NEMA.
Wetland Individual Permit
You must have a wetland individual permit for significant projects, such as constructing a factory or a road. You need an EIA with a public meeting, and you must prove that you have to go through the wetland and cannot avoid it when doing what you want to do.
National Wetland Permit
You may obtain a national wetland permit for smaller activities, such as irrigation, community water projects, or community land projects, depending on the size and type of your project. These have lower wetland requirements but still require an EIA.
Water quality approval
Your project may require a permit if it affects water quality in a wetland and is regulated under the Water Act, 2016, by the Water Resources Authority (WRA).
For a complete description of the process, NEMA’s guide on wetland permitting explains the steps.
You need to demonstrate that your project is not doing harm, lessening impacts, and contributing to a potential restoration, if one is necessary.
County-Level Permits
In Kenya, individual counties might have wetland permits in place. For instance, counties like Kisumu or Kilifi that have extensive wetlands may require additional permits to build in the wetlands.
The rules were incorporated into the county wetland zoning plans developed by the Physical and Land Use Planning Act 2019.
To comply with wetland permit mandates, consult your county’s environmental office.
For example, a wetland building permit in a county may require approval from the County Environment Committee. Check local wetlands requirements, as this can slow your project down.
In Nakuru, the Baboon Project Kenya secured a 2023 High Court order that barred the county government from dumping untreated sewage into Lake Nakuru, a critical wetland.
It’s a reminder of how protecting wetlands on the local level provides an ecological service.
Can You Plant in Wetlands?
It is feasible to plant in wetlands, but there are closely regulated wetland permit requirements.
You might want to replant a wetland plant, such as reeds or papyrus, to help reconstitute a wetland.
However, planting crops such as maize or vegetables may damage the wetland and require a wetland permit.
NEMA’s definition of wetlands permits planting for restoration or conservation.
Community organizations can plant native plants with a national wetland permit, for example.
However, plantings that alter the flow of water or soil require a wetland individual permit. Always check with NEMA to see that your plantings comply with wetland qualifications.
Can You Develop on Wetlands?
Construction on wetlands, of houses or roads, is highly regulated. The conditions attached to wetland permits are supposed to ensure that the wetlands are not affected. Only if: You can build on a wetland only if:
- There’s nowhere else to build.
- Your deal does the least amount of damage.
- You have a plan to mitigate it, such as building a wetland elsewhere.
Development requires a wetland building permit or a wetland alteration permit. The wetlands licensing includes an EIA, public participation, and NEMA consent.
Developers’ activities are illegal without a wetland permit and can result in fines or work stoppages.
In Maragua, wetlands shrank by 58% between 1989 and 2018 due to development, explaining why the wetland permit conditions are being imposed.
Fines or the stoppage of a project are possible penalties for unauthorized development.
How Much Does It Cost to Build a Wetland?
Wetland creation or wetland construction is used to restore or replace a wetland that has been destroyed.
The price varies by size and location. In Kenya, the costs of wetland construction, according to constructors, are:
- Clearing/Grading– Preparing land can be $500 to $5,000 per acre.
- Planting– Indigenous plants such as papyrus cost KSh 10,000 ($100) to KSh 100,000 ($1000) per acre.
- Water- Building channels or dams can cost Ksh 100,000 ($1000) to Ksh 1 million ($ 10,000).
- Permits- The application fee for a wetland permit is between KSh 10,000 ($100) and KSh 50,000 ($500), depending on the project.
The average cost of wetland construction is $1,000- 10,000 per acre.
Obtain NEMA-approved Wetland Constructors to fulfill the Wetland Permit. This is to ensure that your project complies with wetland permitting guidance.
Can You Change Wetlands on Your Property?
Altering wetlands on your property, such as draining or filling them, would require a wetland alteration permit.
Wetland zoning laws in Kenya safeguard wetlands, regardless of their location on private property. You do not convert a wetland unless:
- You demonstrate that there is no other option.
- You obtain a wetland permit from NEMA.
- Wetland restoration or replacement.
The wetlands permit process involves an EIA and public participation.
For more minor changes, you can obtain a national wetland permit. For large projects, an individual license is required for the wetland.
If you redesign a wetland without authority under a wetland permit, you could be fined up to KSh 2 million or jailed.
Exemptions and Exceptions
Certain activities are considered not to require a wetlands permit. 2009 exemptions under the Wetlands Regulations 2009 are either:
- Traditional forms of activity, such as fishing or gathering reeds, should not damage the wetland.
- Emergency repairs, for example, repairing a cracked dam at the height of a flood.
However, exemptions are rare. You have to demonstrate that your activity meets the definition of wetlands and won’t fundamentally harm the environment.
Contact NEMA before doing any work to avoid the wetland variance or fines.
The Wetlands Permitting Process: Step-by-Step
Kenya is clear on the wetlands permitting process, but it does take time. The following are the actions that need to be done to meet the wetland permit requirements:
Look for Wetlands
Have an environmental consultant check if your property includes a wetland area. They will also map the wetland according to NEMA’s definition of wetlands.
Contact NEMA
Schedule a meeting with NEMA or your county environment office to review the project and any wetland needs.
Do an EIA
In collaboration with a NEMA-registered professional, prepare an Environmental Impact Assessment. This will demonstrate the impact of your project on the wetland.
Share Application
Complete an NEMA wetland permit application form. Attach the EIA study, project profile, and evidence for land holding.
Consultation
NEMA could conduct a public consultation to receive comments on your project.
Obtain Approval
Assuming your project complies with wetland law, NEMA grants a wetland permit. A wetland individual permit may be 3-6 months or even less if the national wetland permit is sought.
Follow Conditions
Once you get wetland approval, NEMA’s rules apply, including restoring damaged areas.
Consequences of Skipping Permits
Rushing past wetland permit mandates is dangerous. Under the Environmental Management and Coordination Act, the following are the sanctions:
- Fines of up to KSh 2 million.
- Jail time of up to 7 years.
- Directives to undo the wetland, at your expense.
For instance, a farmer who brazenly drained a wetland without the necessary wetland permit was fined KSh 500,000 and was required to replant indigenous plants.
Otherwise, always follow the wetlands permitting process to avoid getting in trouble.
Final Words
Compliance with wetland permits within Kenya is crucial to safeguard the wetlands from legal challenges.
If you want to construct, plant, or alter a wetland, you need a wetland permit from NEMA. Begin by determining if your land contains a wetland, conducting an EIA, and then applying for a wetland individual or national wetland permit.
Here’s what to do next:
Visit NEMA’s website www.nema.go.ke for the wetland permitting guide.
For local wetland requirements, contact your county environment office.
You must hire a NEMA-certified consultant to assist with your wetland permit application.
By following the wetlands permitting process, you can work in wetlands legally and contribute to protecting the environment in Kenya. Questions about wetland permit needs? Please share them in the comments!
