Uplands vs. Wetlands: What to Know Before Buying Land in Florida

By Cory Lauer

Originally from central Ohio, Cory graduated from the University of Mount Union in 1999 and moved to Southwest Florida. In 2001, he launched his real estate career, earning “Rookie of the Year” at a top local firm before opening his own brokerage in 2004.

If you’re looking at vacant land in Southwest Florida, you’ve probably heard the term “wetlands” tossed around, usually followed by a lot of questions about whether you can actually build anything on them. It’s one of the most common topics I deal with as a real estate expert in this region. My goal today is to clear up the confusion so you can buy your piece of paradise without any expensive surprises.

What’s the difference between uplands and wetlands? To understand what you’re buying, you first need to recognize that we essentially have two types of property here: uplands and wetlands.

Uplands are generally higher in elevation with dry soil. Unless we are in the middle of a heavy rainy season, these areas drain quickly.

You can spot uplands by looking at the surrounding landscape. If you see plenty of pine trees, oaks, and cabbage palms, you’re likely in an upland. This is also where you will find animals like black bears, gopher tortoises, bobcats, and panthers; critters that prefer to keep their paws dry.

Generally, upland property is buildable with very few restrictions beyond standard local zoning laws.

Wetlands, often called “nature’s kidneys,” are lower-lying areas. For most of the year, you will see standing water or, at the very least, saturated soil.

The plant life changes here; you’ll see cypress trees, long grasses, and ferns. You will also find different neighbors, such as snakes, storks, and spoonbills, that thrive in damp climates.

Can you build in a wetland? The short answer is yes, it’s possible to build in a wetland area. However, it’s not as simple as clearing the lot and pouring a slab.

If you plan to impact or build in a wetland, you have to go through a process called mitigation. Essentially, the government requires you to pay to protect a different piece of land elsewhere to make up for the environmental impact you’re making on your lot.

To do this, you have to purchase “credits” from a mitigation bank. There are two major hurdles you need to be aware of:

1. The time. Right now in Florida, the wait time from applying for a credit to receiving the ability to build is roughly 12 to 18 months. In some cases, it can take up to two years.

2. The cost. Mitigating just a quarter of an acre currently costs between $25,000 and $50,000.

This is exactly why you see a massive price difference between upland property, which is “shovel-ready,” and wetland property. Not everyone has the budget or the patience to wait two years just to get a permit.

How is the price determined? The cost isn’t just a random number. It’s determined by a detailed assessment called the Uniform Mitigation Assessment Method (UMAM). This looks at the location, the quality of the wetlands, and the chemical makeup of the soil.

To put this into perspective, I am currently helping a client build a 2,500-square-foot home on about a third of an acre of wetland. The mitigation fees alone are costing us roughly $37,000, and we have been waiting two years for the permit to come through.

Buying land in Southwest Florida is exciting, but you need to know exactly what is under your feet before you sign a contract.

Whether you’re thinking about buying or selling vacant land, reach out to me. Call me at (239) 444-6100 or send a message to cory@thecorylauergroup.com. I can help you navigate the process and ensure you aren’t left underwater.