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Fact Sheet

Certified Wetland Determinations

Notice: This information is based on the Interim Final Rule for Highly Erodible Land and Wetland Conservation published in the Federal Register, September 6, 1996. The rule can be viewed here on this web site.

Introduction

Certified wetland determinations offer landowners the assurance of a final wetland determination based on the wetland types on their land. A certified determination will not change as long as the site remains in agricultural use (provided no violations occur). The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) makes certified wetland determinations and delineations upon written request.

Certification of Previous Wetland Determinations/Delineations

Previous wetland determinations/delineations should be certified because:

  • Landowners are entitled to certified wetland determinations under the 1996 Farm Bill.
  • Now, certified wetland determinations are recognized by USDA for the Food Security Act and by the U.S. Army Corps of Engineers for Section 404 of the Clean Water Act.
  • A review of existing wetland determinations revealed that some previous determinations are inadequate for the wide range of uses under the current laws and regulations.

Obtaining Wetland Determinations/Delineations

Requests for certified wetland determinations/delineations must be in writing (form NRCS-CPA-38). Since certified determinations now are valid for the Clean Water Act, it is important that landowners have an accurate determination based on all available technology and tools. Landowners planning to fill, drain, level, clear, or manipulate areas on their land should ask for a certified determination/delineation in order to maintain USDA eligibility and compliance with the Clean Water Act.

Prior to land manipulation or land clearing, USDA farm program participants need to complete a revised form AD-1026 at the local Farm Service Agency (FSA) office and request a certified wetland determination (form NRCS-CPA-38). NRCS will provide a certified wetland determination and advice about planned activities. Landowners may also obtain wetland determinations and delineations without any immediate plans for activity in or around a wetland.

Determinations/Delineations on Small Pockets and Narrow Bands

Wetland determinations are made for the whole tract of land, including small pockets, narrow bands, and other non-agricultural areas. However, some areas may be labeled "not inventoried (NI)" if the landowner does not plan manipulation on portions of the tract. The landowner should contact the local USDA office if future manipulations are planned.

Technical Errors

If NRCS discovers a technical error in a previous determination, the landowner will be informed of the known error and given the opportunity to request a certified determination (form NRCS-CPA-38).

Documentation

All certified wetland determinations will be provided in writing on form NRCS-CPA-026. Landowners may appeal certified determinations, provided no appeal has previously been filed for the area in question.

For More Information

NRCS, Farm Service Agency, 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. Information is also available here on NRCS's World Wide Web site.