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Wetland Conservation Provisions Questions and Answers
Q. Why are certified wetland determinations important? How long are they valid? A. Certified determinations are valid for determining USDA farm program eligibility. They are subject to change only if a landowner requests a review due to natural events or if a violation occurs. A certified determination will not change as long as the site remains in agricultural use (provided no violations occur). Determinations stay with the land and do not change because of ownership change or because a person is no longer a USDA program participant. Q. Who determines if an area has wetlands? A. NRCS provides certified wetland determinations. Landowners may hire a consultant to do this job and NRCS will review the work and make the final wetland determination. Q. Is there a minimum size to a wetland? A. No. If a site meets wetland criteria, it is a wetland and subject to Swampbuster requirements. Q. What happens if the Swampbuster provisions are violated? A. The landowner may lose USDA program benefits. For example, if a landowner produces a crop on a converted wetland, he or she may lose benefits for that year. Or, if a landowner converts a wetland after November 28, 1990, he or she may lose benefits for the year that the conversion took place, and for the years that follow, until the wetland functions and values are restored. Q. If a landowner meets Swampbuster requirements, is he/she automatically in compliance with the Clean Water Act (CWA)? A. All agencies of the Federal Government are working diligently to have consistency in wetland programs. In most situations, following Swampbuster regulations will meet CWA requirements; however, there are some exceptions. It is best to check with NRCS or the Corps about the planned activities. Q. How does a landowner get a minimal effect exemption? A. Landowners must request a minimal effect exemption at the local NRCS office. A conservationist will visit the wetland, discuss the proposed action, and determine if effects are minimal. If the planned manipulation is considered a potential conversion and if it does not qualify for a categorical minimal effect exemption, NRCS will conduct a wetland functional assessment and determine if the proposed project will have minimal effect on the wetland functions and values in the area. Categorical minimal effects are exemptions for common agriculturally related activities and practices that do not require case-by-case evaluation. Q. What is a "good faith" exemption? A. Good faith, as it relates to wetland conservation, is a determination by FSA that a wetland violation occurred and without intent of the landowner to violate. If FSA grants a good faith violation, NRCSwill assist in the development of a mitigation plan to restore the wetland functions and values. The practices in the plan must be installed within 1 year. If the practices in the plan are properly installed, and all conditions are met, the landowner will not risk loss of program benefits due to the wetland violation. Q. How does a landowner mitigate (offset) for losses of wetland functions and values? A. Mitigation includes the creation, enhancement, or restoration of a site that compensates for the loss of the functions and values of the wetland site in question and wetlands in the area. The mitigation site should be in the same general area of the local watershed, must have a recorded easement to USDA, and must provide equivalent functions and values of the site being considered for conversion. Q. Can a landowner clean ditches, repair tile, or remove trees and stumps from a wetland? A. For Swampbuster, the scope and effect of the original drainage system may be maintained in most cases. This means that tile may be repaired and ditches may be cleaned as long as no added drainage capacity is achieved, provided wetland conditions have not returned to the area. USDA program participants must complete form AD-1026 to indicate the proposed project. Trees and stumps may be removed only if the effect is minimal, or if wetland functions and values are replaced through mitigation and all required permits are obtained prior to the activity. Normal timber harvesting practices for a site that remains in timber production are not normally affected by Swampbuster Q. Has "abandonment" been abolished? A. In most situations, yes. Areas that met the criteria of prior converted cropland (PC) on December 23, 1985, may be determined to be PC as long as that land is used for agriculture. Landowners with farmed wetlands (FW) and farmed wetland pastures (FWP) may allow them to return to wetland status and convert them back to their present condition without violating Swampbuster, provided the area is used for agricultural purposes. These wetlands must have the hydrologic and vegetative baseline conditions and restoration plans documented at NRCS. Q. When purchasing or renting farmland, what questions should be asked about wetlands? A. Potential buyers or renters should ask the following questions:
For More InformationNRCS, FSA, Cooperative Extension Service, or your local conservation district can provide more information. Your USDA Service Center is listed in the telephone book under U.S. Department of Agriculture. |
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