Wetland Compliance

Producers renting or purchasing land that may have a converted wetland status need to check with the county office to learn if there are restrictions. 

Farm Bill regulations provide that, unless exempt, persons are ineligible for benefits under certain programs administered by USDA if they:

• plant an agricultural commodity on wetland that was converted after December 23, 1985
• convert a wetland after November 28, 1990

FSA may not approve any loan or loan guarantee to drain, dredge, fill, level or otherwise manipulate a wetland, or to engage in any activity that results in impairing or reducing the flow, circulation or reach of water except in the case of activity related to the maintenance of previously converted wetlands.

The following provides permitted uses and restrictions of certain wetlands for compliance with Wetland compliance provisions:

• wetlands can be farmed under natural conditions, but not converted
• wetlands converted before November 28, 1990, cannot be planted to an agricultural commodity
  and retain eligibility for benefits
• wetlands converted after Nov. 28, 1990, must either be restored to wetland status or mitigated to

regain eligibility for program benefits.

• wetlands that can be farmed under natural conditions cannot be manipulated in any way, unless the Natural Resources Conservation Service determines the work would have a minimal effect on the wetland values

• wetlands converted before December 23, 1985, can be farmed and maintained

Additional information about wetlands is available at the USDA Service Center.