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New Jersey Conservation Compliance

The Natural Resources Conservation Service (NRCS) is responsible for providing program participants technical assistance and determinations to assist them in complying with the provisions.

Highly Erodible Land and Wetland Conservation Provisions

The Food Security Act’s wetland conservation provisions were enacted to assist in protecting the values, acreage, and functions of the Nation's wetlands. To participate in most United States Department of Agriculture (USDA) programs, agricultural producers agree to comply with the wetland conservation provisions, which means producers will not farm converted wetlands or convert wetlands to enable or enhance agricultural production.  

On December 23, 1985 Congress enacted the Food Security Act which linked United States Department of Agriculture (USDA) program eligibility to certain conditions.  These conditions, known as the highly erodible land and wetland conservation provisions, were enacted to:

  • Reduce soil loss due to wind and water erosion;
  • Protect the Nation's long-term capability to produce food and fiber;
  • Reduce sedimentation and improve water quality; and
  • Assist in preserving the values, acreage, and functions of the Nation's wetlands.

In order to maintain eligibility for most USDA programs, producers must comply with the conservation provisions, agreeing they will not:

  • Produce an agricultural commodity on highly erodible land without an adequate conservation system;
  • Plant an agricultural commodity on a converted wetland;
  • Convert a wetland to make possible the production of an agricultural commodity.

How to Ensure Compliance

Producers self-certify compliance by filing Form AD-1026 when enrolling in USDA programs. If unsure if an AD-1026 is filed for your land, contact a Farm Service Agency (FSA) representative at your local USDA Service Center.

Once the form is accurately completed and filed, it remains effective, unless changes to the agricultural operation occur and/or new activities arise which change the previous self-certification (for example, the intent to bring new land into production or install new drainage structures). The form is not specific to a particular crop. It covers all land that a producer farms.

Technical Determinations

The filing of the AD-1026 may trigger USDA to provide a determination to the producer in order to communicate whether the identified field contains wetlands or has highly erodible lands. The Natural Resources Conservation Service (NRCS) is responsible for making these determinations. Many determinations can be made using off-site methods. NRCS develops a preliminary technical determination for the producer to review and a new or additional field visit can be requested through an appeal. 

Highly Erodible Land

Ranch owners Frank and Jackie Mills utilized the U.S. Department of Agriculture USDA Natural Resources Conservation Service NRCS Windbreak Restoration Conservation Practice 650 to remove dead and dying trees from an existing windbreak, a.k.a. shelterbelt, and added rows of Junipers on their land in Crawford, NE, in the Great Plains region of the United States, on July 23, 2021. Their windbreak has a tall center row that was originally planted with elm and cedar trees from the 1950s. This row was filled in

The Food Security Act's highly erodible land (HEL) provisions are designed to protect the Nation's long-term capability to produce food and fiber. HEL is land that can erode at an excessive rate because of soil properties, leading to long-term decreased productivity. Highly erodible land is designated on a field basis and based on the proportion of the total field acreage that contains highly erodible soils. Producers of agricultural commodities must manage HEL fields according to an NRCS approved conservation plan or conservation system. Learn more...


American wet land with green trees and blue sky

The Food Security Act's wetland conservation provisions are designed to preserve the values, acreage, and

functions of the Nation's wetlands. A wetland is an area that is inundated or saturated by surface or ground water at a duration to support plants adapted to grow in water. A wetland also has a predominance of hydric, or wet, soils. In general, producers may farm these areas when conditions permit but may not convert the wetland through removal of water or trees. Producers also cannot plant an agricultural commodity on a wetland previously converted by someone else. Learn more...

New Jersey HELC and WC Technical Resources

Given the geographical differences of wetlands, soils, and climate in each state; information and technical resources specific to New Jersey implementation of the HELC/WC provisions are provided below:

New Jersey HEL and PHEL Soils

Atlantic County - HELPHEL                                                      

Bergen County - HELPHEL

Burlington County - HELPHEL  

Camden County - HELPHEL

Cape May County - HELPHEL

Cumberland County - HELPHEL

Essex County - HEL, PHEL (Data not available)

Gloucester County - HELPHEL

Hudson County- HEL, PHEL (Data not available) 

Hunterdon County - HELPHEL

Mercer County - HELPHEL

Middlesex County - HELPHEL

Monmouth County - HELPHEL

Morris County - HELPHEL

Ocean County - HELPHEL

Passaic County - HELPHEL

Salem County - HELPHEL

Somerset County - HELPHEL

Sussex County - HELPHEL

Union County - HELPHEL

Warren County- HELPHEL

Dave Schaaf

Soil Conservationist/HELC/WC Provision Contact