Wetland Labels and Exemptions

USDA Swampbuster Program

How USDA got Involved with Wetlands

1985 Farm Bill Conservation Title

• Tied to production of commodity crops

• Making possible the production of commodity crops in wetlands

  • results in loss of USDA program eligibility

Prior Converted Cropland(PC)

• Wetland Manipulated and Planted to a Commodity Crop

• Prior to 12/23/85 Exempt from Swampbuster

• Not Considered a Wetland Under Section 404 CWA

Converted Wetland Non-Agricultural (CWNA)

• Can’t be Used to Grow a Commodity Crop

• Includes Buildings,Roads, Ponds, etc.

• Notify NRCS Prior to Starting

• May Need Permits from Corps, State

Corps Permit Exemption(CPE)

• Any activity permitted by the Corps is eligible for this exemption under Swampbuster

Minimal Effect Determination (MW)

• For Area Less Than One Third of an Acre in Size

• Little or No Woody Vegetation

• Cannot Have Significant Affect on Any Wetland Functions

Wetland (W)

Natural Wetland Areas

Manipulation Results in Loss of USDA Program Eligibility

Farmed Wetland Hay or Pasture (FWP)

• Manipulated and Used for Forage Prior to 12/23/85

• Existing Drainage can be Maintained Further Manipulation

• Will Result in Loss of USDA Program Eligibility

Converted Wetland (CW)

• Wetland Manipulated after 1985

• Production of CommodityCrop MadePossible

• Lose Program Eligibilty

Summary

• Exemptions from Swampbuster are Available for Several Situations

• Need to Contact NRCS Prior to Manipulating any Wet Areas

• Understand What Your Wetland Determinations Mean