This brochure was prepared jointly by
Weflahds and
Sebtiort 404 of the
Wetter Act
in th©
1 Po^d Security Act
or additional tof6rm:dt!6h
VVetlands Information Hotline , :
.-. ./'.. -.• 1:800:832-7328' ;,.;.;.:;; T
Monday-Fridqy^9;00;amto 5:30 pm (EST)
'The Hotline;, ts contractor operated "and
provides,confidentiaj- referrals, and
. . Inforrnatlori reggrdir^g; watlanq(s.. .
Contact the Natural Resources
Conservation Service to Identify
Weftands on Your Farm
Program Aid 1546
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Whaf are wetlands?
Wetlands are areas that are inundated or satu-
rated by surface or ground water at a frequen-
cy and duration sufficient to support, and that
under normal circumstances do support, a
prevalence of vegetation typically adapted for
life in saturated soil conditions. For further
guidance on whether your land contains wet-
lands, contact your local Natural Resources
Conservation Service (NRCS) office, former-
ly the Soil Conservation Service.
What is the Swampbuster
provision?
The Wetland Conservation provision
(Swampbuster) of the 1985 and 1990 farm
bills requires all agricultural producers to
protect the wetlands on the farms they own or
operate if they want to be eligible for USDA
farm program benefits. Producers will not be
eligible if thly plant an agricultural commod-
ity on a converted wetland that was convert-
ed by drainage, leveling, or any other means
after December 23, 1985, or convert a wet-
land for the purpose of or to make agricultur-
al commodity production possible after
November 28, 1990.
What does Section 404 require?
Section 404 of the Clean Water Act (CWA)
requires a landowner to obtain a permit from
the U.S. Army Corps of Engineers (Corps)
prior to beginning any non-exempt activity
involving the placement of dredged or fill
material in waters of the United States,
including wetlands. Certain ongoing, normal
farming practices in wetlands are exempt and
do not require a permit (see list of exempted
activities). In order to be exempt, the activi-
ties cannot be associated with bringing a wet-
land into agricultural production or convert-
ing an agricultural wetland to a non-wetland
area.
How does the Swampbuster pro-
gram relate to CWA Section 404?
Generally, areas subject to regulation under
Swampbuster and CWA Section 404 are the
same, but there are differences. Some activi-
ties that are exempted under Swampbuster
may require a CWA Section 404 permit while
some Section 404 permitted activities may be
subject to Swampbuster. Before beginning
any activity affecting a wetland, contact your
local Corps district or NRCS office.
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What is prior converted
cropland?
Prior converted croplands (PC) are wetlands
that were drained, dredged, filled, leveled, or
otherwise manipulated, including the removal
of woody vegetation, before December 23,
1985, to make production of an agricultural
commodity possible, and that (1) do not meet
specific hydrologic criteria, (2) have had an
agricultural commodity planted or produced
at least once prior to December 23, 1985, and
(3) have not since been abandoned. Activities
in prior converted cropland are not regulated
under Swampbuster or CWA Section 404.
What happens if 1 don't farm my
prior converted cropland and
wetland conditions return?
If prior converted cropland is not planted to
an agricultural commodity for more than 5
consecutive years and wetland characteristics
return, the cropland is considered abandoned
and then becomes a wetland subject to regu-
lation under Swampbuster and CWA Section
404.
What are farmed wetlands?
Farmed wetlands (FW) are similar to prior
converted cropland in that they were drained,
dredged, filled, leveled, or otherwise manipu-
lated before December 23, 1985, to make
production of an agricultural commodity pos-
sible, but are often wet enough to still be
valuable wetland habitat subject to
Swampbuster and CWA Section 404. Farmed
wetlands include potholes, playas, pocosins,
and other manipulated and cropped areas that
meet specific hydrologic criteria.
How do I know if I have wetlands,
prior converted croplands, or
farmed wetlands on my property?
To be sure about the status of wetlands on
your farm, contact your local NRCS office.
NRCS is the lead Federal agency responsible
for wetland delineations on agricultural land
for both Swampbuster and CWA Section 404.
NRCS conservationists can also advise you
on how to comply with Swampbuster. The
Corps is the lead Federal agency responsible
for wetland delineations on non-agricultural
land for anyone who does not participate in
USDA programs. For questions regarding
CWA Section 404 provisions, contact your
local Corps office.
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