Minimal Effect 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.

Minimal effect is a determination that the conversion or proposed conversion action of a wetland will have an insignificant effect on the hydrologic and biologic functions and values of the wetland.

The wetland conservation provisions of the 1996 Farm Bill allow landowners to produce agricultural commodities even if their actions involve converting a wetland, as long as there is only a minor impact on the functions and values of the landowner's wetland and other wetlands in the area. A minimal effect determination provides landowners with information that is useful in making decisions about wetlands conversion that relate to U.S. Department of Agriculture (USDA) farm program eligibility.

A landowner will maintain USDA farm program eligibility for actions associated with the conversion of a wetland or the production of an agricultural commodity on a converted wetland if the action will have a minimal effect on the hydrologic and biologic functions of the wetlands in the area.

A list of activities and practices that have minimal effect on wetland functions and values for the local area will be developed. Categorical minimal effect exemptions enable landowners to conduct these activities with immediate approval while maintaining eligibility for USDA programs. A list of categorical minimal effect activities and practices will be available in the local Natural Resources Conservation Service (NRCS) office.

USDA has personnel trained in conducting minimal effect determinations. The landowner may request a conservationist to visit the wetland, discuss the proposed action, and determine if effects are minimal.

Programs

Minimal Effect Determinations Fact Sheet