Part 514 — Wetland Determinations and Labels. Wetland Determination and Delineation The Act requires NRCS to determine, delineate, and certify all wetlands.

Part 514 — Wetland Part 514 — Wetland Determinations Determinations

and Labelsand Labels

Wetland Determination and Wetland Determination and DelineationDelineation

The Act requires NRCS to determine, The Act requires NRCS to determine, delineate, and certify all wetlands located delineate, and certify all wetlands located on land subject to the wetland on land subject to the wetland conservation provisions on a farm or ranchconservation provisions on a farm or ranch

NRCS makes wetland determinations in NRCS makes wetland determinations in order to establish a producer’s eligibility for order to establish a producer’s eligibility for certain USDA program benefitscertain USDA program benefits

Procedures for Delineating Procedures for Delineating WetlandsWetlands

1987 COE Wetland Delineation Manual1987 COE Wetland Delineation Manual

And coming soon…And coming soon… Regional SupplementsRegional Supplements Utah will use twoUtah will use two

• Arid WestArid West

Pinyon-Juniper and lower elevationsPinyon-Juniper and lower elevations• Western Mountains and ValleysWestern Mountains and Valleys

Mountain Shrub and higher elevationsMountain Shrub and higher elevations

Regional Supplements MapRegional Supplements Map

Wetland DeterminationWetland Determination

A technical decision regarding whether or A technical decision regarding whether or not an area is a wetland, including not an area is a wetland, including identification of appropriate wetland labels identification of appropriate wetland labels and acres of each label.and acres of each label.

Wetland?Non-wetland?

Wetland DelineationWetland Delineation

Outlining the Outlining the boundaries of a boundaries of a wetland determination wetland determination on aerial photography, on aerial photography, digital imagery, or digital imagery, or other graphic other graphic representation; or on representation; or on the land.the land.

Certified Wetland DeterminationCertified Wetland Determination

Wetland determinations are recorded on Wetland determinations are recorded on NRCS-CPA-026eNRCS-CPA-026e

Delineate all wetlands subject to the WC Delineate all wetlands subject to the WC provisions by outlining the boundaries of the provisions by outlining the boundaries of the wetland on aerial photography, digital wetland on aerial photography, digital imagery, or other graphic representation imagery, or other graphic representation (map)(map)

Use GPS / GIS if possibleUse GPS / GIS if possible

Certified Wetland DeterminationCertified Wetland Determination The complete boundaries and acreage of all areas The complete boundaries and acreage of all areas

within the tract that were delineated and identified within the tract that were delineated and identified must be shown on the map, including areas identified must be shown on the map, including areas identified as NW as NW

All other parts of the tract, outside of the delineated All other parts of the tract, outside of the delineated areas, will be labeled NIareas, will be labeled NI

Use the label and acreage information from the map Use the label and acreage information from the map to prepare the CPA-026eto prepare the CPA-026e

Provide a copy of the CPA-026e, and map, to the Provide a copy of the CPA-026e, and map, to the producer and FSAproducer and FSA

Certification of Wetland Certification of Wetland DeterminationsDeterminations

The wetland determination is of The wetland determination is of sufficient sufficient quality to make a determination of quality to make a determination of ineligibility for USDA program benefitsineligibility for USDA program benefits

All wetland determinations made after All wetland determinations made after November 28, 1990November 28, 1990 and provided to the and provided to the landowner with appeal rights are landowner with appeal rights are considered certifiedconsidered certified

Certified Wetland DeterminationsCertified Wetland Determinations

Remain valid and in effect as long as the Remain valid and in effect as long as the area is devoted to an agricultural use area is devoted to an agricultural use OROR

Until such time as the person affected by Until such time as the person affected by the certification requests review the certification requests review

Requests for review of a wetland Requests for review of a wetland determination must be made on form AD-determination must be made on form AD-10261026

Certified Wetland DeterminationsCertified Wetland Determinations Job Approval Authority RequirementsJob Approval Authority Requirements

Draft Manual LanguageDraft Manual Language Have completed all the required training, including Have completed all the required training, including

update courses. update courses. Has the appropriate job approval authority and Has the appropriate job approval authority and

classification. classification. Has demonstrated proficiency in making certified Has demonstrated proficiency in making certified

wetland determinations.wetland determinations.

Current PolicyCurrent Policy NFSAM Training NFSAM Training COE Regulatory IV TrainingCOE Regulatory IV Training

Detrimental Reliance on a Detrimental Reliance on a Certified Wetland DeterminationCertified Wetland Determination

A person will not be ineligible for program A person will not be ineligible for program benefits as a result of taking an action in benefits as a result of taking an action in reliance on a certified wetland reliance on a certified wetland determination that did not correctly identify determination that did not correctly identify the area as wetlands subject to the Actthe area as wetlands subject to the Act

Appeals of Certified Wetland Appeals of Certified Wetland DeterminationsDeterminations

Prior to finalizing a certified wetland Prior to finalizing a certified wetland determination, NRCS will notify the person determination, NRCS will notify the person affected by the certification and provide an affected by the certification and provide an opportunity to appealopportunity to appeal

NRCS will certify the wetland determination as NRCS will certify the wetland determination as

final 30 days after providing the person notice of final 30 days after providing the person notice of certification or, if an appeal is filed with USDA, certification or, if an appeal is filed with USDA, after the administrative appeal procedures are after the administrative appeal procedures are exhausted exhausted

Appeals of Certified Wetland Appeals of Certified Wetland DeterminationsDeterminations

In the case of an appeal, NRCS must In the case of an appeal, NRCS must review and certify the accuracy of the review and certify the accuracy of the determination for all lands subject to the determination for all lands subject to the appeal to ensure that it is accurate. appeal to ensure that it is accurate.

Prior to a decision being rendered on the Prior to a decision being rendered on the appeal, NRCS will conduct an onsite appeal, NRCS will conduct an onsite investigation (reconsideration) of the investigation (reconsideration) of the subject land.subject land.

Definition of “Wetland”Definition of “Wetland”

Wetlands are defined as lands that—Wetlands are defined as lands that— Have a predominance of hydric soils.Have a predominance of hydric soils. Are inundated or saturated by surface water Are inundated or saturated by surface water

or groundwater at a frequency and duration or groundwater at a frequency and duration sufficient to support a prevalence of sufficient to support a prevalence of hydrophytic vegetation typically adapted for hydrophytic vegetation typically adapted for life in saturated soil conditions.life in saturated soil conditions.

Under normal circumstances Under normal circumstances dodo support a support a prevalence of hydrophytic vegetation.prevalence of hydrophytic vegetation.

Hydric Soil DefinitionHydric Soil Definition

Formed under conditions of saturation, Formed under conditions of saturation, flooding, or ponding long enough during flooding, or ponding long enough during the growing season to develop anaerobic the growing season to develop anaerobic conditions in the upper part conditions in the upper part

Nearly all hydric soils exhibit characteristic Nearly all hydric soils exhibit characteristic morphologies that result from repeated morphologies that result from repeated periods of saturation or inundation for periods of saturation or inundation for more than a few days. more than a few days.

Hydric Soil ListsHydric Soil Lists

National List of Hydric Soils National List of Hydric Soils http://soils.usda.gov/use/hydric/http://soils.usda.gov/use/hydric/

Soil Data Mart Soil Data Mart http://soildatamart.nrcs.usda.gov/http://soildatamart.nrcs.usda.gov/

Local Lists by Soil SurveyLocal Lists by Soil Survey eFOTGeFOTG Section IISection II Soils InformationSoils Information

Hydric Soil Field IndicatorsHydric Soil Field Indicators

http://soils.usda.gov/use/hydric/http://soils.usda.gov/use/hydric/ PDF DocumentPDF Document Version 5.9Version 5.9

CautionsCautions Field indicators are not intended to replace or relieve Field indicators are not intended to replace or relieve

the requirements contained in the definition of a the requirements contained in the definition of a hydric soil.hydric soil.

Some hydric soils do not have any of the currently Some hydric soils do not have any of the currently used indicators.used indicators.

The absence of an indicator does not preclude the The absence of an indicator does not preclude the soil from being hydric. soil from being hydric.

Hydrophytic Vegetation Hydrophytic Vegetation DefinitionDefinition

Hydrophytic Hydrophytic vegetation consists vegetation consists of plants growing in of plants growing in water or in a water or in a substrate that is at substrate that is at least periodically least periodically deficient in oxygen deficient in oxygen during the growing during the growing season as a result season as a result of excessive water of excessive water content.content.

Hydrophytic Plant ListsHydrophytic Plant Lists

National List of Plant Species that Occur in National List of Plant Species that Occur in WetlandsWetlands (1988) (1988)

Intermountain (Region 8)Intermountain (Region 8) http://www.fws.gov/nwi/bha/list88.htmlhttp://www.fws.gov/nwi/bha/list88.html

Wetland Hydrology Definition Wetland Hydrology Definition

Inundation or Inundation or saturation by surface saturation by surface or groundwater at a or groundwater at a frequency and frequency and duration sufficient to duration sufficient to support a prevalence support a prevalence of hydrophytic of hydrophytic vegetation typically vegetation typically adapted for life in adapted for life in saturated soil saturated soil conditions.conditions.

Wetland LabelsWetland Labels

Identify land subject to exemptions or Identify land subject to exemptions or restrictions under the Act. restrictions under the Act.

Such land Such land may or may notmay or may not have positive have positive indicators for wetland criteria and/or meet indicators for wetland criteria and/or meet the definition of wetland. the definition of wetland.

Labels: Wetlands Manipulated Labels: Wetlands Manipulated for Agricultural Use Before for Agricultural Use Before

December 23, 1985December 23, 1985

Prior Converted Cropland (PC) Prior Converted Cropland (PC) Farmed Wetlands (FW) Farmed Wetlands (FW) Farmed Wetland Pasture or Hayland Farmed Wetland Pasture or Hayland

(FWP) (FWP)

Prior Converted Cropland (PC) Prior Converted Cropland (PC)

Converted wetlandConverted wetland

Conversion occurred prior to December Conversion occurred prior to December 23, 198523, 1985

An agricultural commodity had been An agricultural commodity had been produced at least once before December produced at least once before December 23, 1985 23, 1985


As of December 23, 1985, the converted As of December 23, 1985, the converted wetland did not support woody vegetation and wetland did not support woody vegetation and met the following hydrologic criteria:met the following hydrologic criteria: Inundation is less than 15 consecutive days during Inundation is less than 15 consecutive days during

the growing season or 10% of the growing season, the growing season or 10% of the growing season, whichever is less, in most years (50% chance or whichever is less, in most years (50% chance or more). more).

If the area is a pothole, playa or pocosin, inundation is If the area is a pothole, playa or pocosin, inundation is less than 7 consecutive days and saturation is less less than 7 consecutive days and saturation is less than 14 consecutive days during the growing season than 14 consecutive days during the growing season in most years (50% chance or more).in most years (50% chance or more).


Supporting Documentation – HydrologySupporting Documentation – Hydrology Aerial photographs and FSA slidesAerial photographs and FSA slides Analytical processes to evaluate length of Analytical processes to evaluate length of

ponding or flooding from a single eventponding or flooding from a single event Interviews with the person and other Interviews with the person and other

knowledgeable residents of the areaknowledgeable residents of the area Field indicators of surface water such as Field indicators of surface water such as

water marks, drift lines, and drowned or water marks, drift lines, and drowned or stressed crops stressed crops

Stream gage dataStream gage data


Supporting Documentation – Cropping Supporting Documentation – Cropping FSA records FSA records Aerial photographyAerial photography Crop expense or receipt recordsCrop expense or receipt records Grain elevator records specific to tract and Grain elevator records specific to tract and

fieldfield Other suitable documentation that can be tied Other suitable documentation that can be tied

to the specific field and/or tract under review.to the specific field and/or tract under review.

(PC) (PC) Authorized UseAuthorized Use

No restrictions on No restrictions on agricultural use agricultural use unless no unless no management for 5 management for 5 years and wetland years and wetland conditions returnconditions return

(PC) (PC) RestrictionsRestrictions

Drainage systems or other hydrologic Drainage systems or other hydrologic manipulations may be maintained or improvedmanipulations may be maintained or improved

May not cause conversion of adjacent or nearby May not cause conversion of adjacent or nearby wetlands wetlands

If the area is not managed for five consecutive If the area is not managed for five consecutive years and wetland conditions return, it may be years and wetland conditions return, it may be subject to CWA permit requirementssubject to CWA permit requirements

Valid as long as the land is in Valid as long as the land is in agricultural useagricultural use

Farmed Wetlands (FW)Farmed Wetlands (FW)

Wetlands that were drained, dredged, filled, Wetlands that were drained, dredged, filled, leveled or otherwise manipulated before leveled or otherwise manipulated before December 23, 1985, for the production of an December 23, 1985, for the production of an agricultural commodity, and:agricultural commodity, and: Inundated for at least 15 consecutive days during the Inundated for at least 15 consecutive days during the

growing season or 10% of the growing season, growing season or 10% of the growing season, whichever is less, in most years (50% chance or whichever is less, in most years (50% chance or more).more).

If the area is a pothole, playa or pocosin, it is If the area is a pothole, playa or pocosin, it is inundated for at least 7 consecutive days or saturated inundated for at least 7 consecutive days or saturated for at least 14 consecutive days during the growing for at least 14 consecutive days during the growing season in most years (50% chance or more). season in most years (50% chance or more).


Additional criteria for FWAdditional criteria for FW

Production was made possible or enhanced Production was made possible or enhanced by the manipulationby the manipulation

The area has not been abandonedThe area has not been abandoned


Supporting Supporting documentationdocumentation Same as for PCSame as for PC

Authorized UseAuthorized Use May be maintained May be maintained

and used to produce and used to produce agricultural agricultural commodities or commodities or other cropsother crops


RestrictionsRestrictions• Any additional Any additional

hydrologic hydrologic manipulation after manipulation after December 23, 1985 December 23, 1985 that does not meet that does not meet the definition of the definition of maintenance may maintenance may result in a violation result in a violation of the WC of the WC provisionsprovisions

Farmed Wetland Pasture or Farmed Wetland Pasture or Hayland (FWP)Hayland (FWP)

Wetland that was drained, dredged, filled, Wetland that was drained, dredged, filled, leveled or otherwise manipulated and used for leveled or otherwise manipulated and used for pasture or hayland (includes native pasture or pasture or hayland (includes native pasture or hayland) as of December 23, 1985, and meets hayland) as of December 23, 1985, and meets both of the following criteria:both of the following criteria: Inundated for at least 7 consecutive days during the Inundated for at least 7 consecutive days during the

growing season or saturated for at least 14 growing season or saturated for at least 14 consecutive days during the growing season in most consecutive days during the growing season in most years (50% chance or more).years (50% chance or more).

Has not been abandoned. Has not been abandoned.

Farmed Wetland Pasture or Farmed Wetland Pasture or Hayland (FWP)Hayland (FWP)

Supporting documentationSupporting documentation Same as for PCSame as for PC

Authorized UseAuthorized Use May be maintained and used to May be maintained and used to

produce forage crops or other crops produce forage crops or other crops without a loss of eligibility for USDA without a loss of eligibility for USDA program benefits. program benefits.

RestrictionsRestrictions• Any additional hydrologic Any additional hydrologic

manipulation after December 23, manipulation after December 23, 1985 that does not meet the 1985 that does not meet the definition of maintenance may result definition of maintenance may result in a violation of the WC provisionsin a violation of the WC provisions

AbandonmentAbandonment

The cessation of The cessation of activeactive crop or forage crop or forage production on areas labeled Farmed production on areas labeled Farmed Wetland (FW) or Farmed Wetland Pasture Wetland (FW) or Farmed Wetland Pasture and Hayland (FWP) for five consecutive and Hayland (FWP) for five consecutive years. years.

FW and FWP areas that are determined to FW and FWP areas that are determined to be abandoned will be labeled Wetland be abandoned will be labeled Wetland (W). (W).


NotNot considered abandoned when: considered abandoned when: Enrolled in a conservation set-aside program or a Enrolled in a conservation set-aside program or a

state or federal wetland restoration program, other state or federal wetland restoration program, other than USDA perpetual easements (CRP, GRP, WRP)than USDA perpetual easements (CRP, GRP, WRP)

Hydrologic and vegetative baseline conditions and Hydrologic and vegetative baseline conditions and restoration activities must be documented before the restoration activities must be documented before the site is enrolledsite is enrolled

NRCS documented hydrologic and vegetative NRCS documented hydrologic and vegetative baseline conditions and restoration activities baseline conditions and restoration activities beforebefore active crop or forage production ceases active crop or forage production ceases


Note— Areas labeled PC are Note— Areas labeled PC are NOTNOT subject to subject to abandonment. abandonment.

This definition of abandonment is applicable only This definition of abandonment is applicable only for compliance with the WC provisions for compliance with the WC provisions

The Clean Water Act may provide different or The Clean Water Act may provide different or additional criteria for abandonment, particularly additional criteria for abandonment, particularly with regard to PC areas. with regard to PC areas.

Producers who are planning to abandon PC Producers who are planning to abandon PC areas should be advised to discuss their plans areas should be advised to discuss their plans with the COE prior to proceeding. with the COE prior to proceeding.

Labels: Natural and Artificial Labels: Natural and Artificial WetlandsWetlands

Wetlands (W)Wetlands (W) Manipulated Wetlands (WX)Manipulated Wetlands (WX) Artificial Wetland (AW) Artificial Wetland (AW)

Wetlands (W)Wetlands (W)

Those areas that meet the three wetland criteria Those areas that meet the three wetland criteria and have typically not been manipulated by and have typically not been manipulated by altering hydrology and/or removing woody altering hydrology and/or removing woody vegetation. Includes areas that have been vegetation. Includes areas that have been abandoned. abandoned.

NOTE:NOTE: Removal of herbaceous vegetation is Removal of herbaceous vegetation is not considered manipulation, provided it is not considered manipulation, provided it is conducted by mowing or normal tilling. Grading, conducted by mowing or normal tilling. Grading, landleveling, landclearing and deep ripping is landleveling, landclearing and deep ripping is considered manipulation. considered manipulation.

(W) Authorized Use(W) Authorized Use

Wetlands may be planted to produce an Wetlands may be planted to produce an agricultural commodity after December 23, 1985, agricultural commodity after December 23, 1985, as long as as long as allall of the following requirements are of the following requirements are met:met: Production is possible as a result of a natural Production is possible as a result of a natural

condition, such as drought or normal seasonal condition, such as drought or normal seasonal hydrologic conditionshydrologic conditions

Water regimes are not manipulatedWater regimes are not manipulated Woody vegetation with stumps is not removedWoody vegetation with stumps is not removed Normal tillage does not fill, level, or otherwise cause Normal tillage does not fill, level, or otherwise cause

conversion of the wetland conversion of the wetland

(W) Restrictions (W) Restrictions

Manipulation that results in a conversion Manipulation that results in a conversion ( for the purpose or makes possible ( for the purpose or makes possible production of an agricultural commodity) production of an agricultural commodity)

Activities that do not constitute conversion Activities that do not constitute conversion under the FSA may still be regulated by under the FSA may still be regulated by the COE under the Clean Water Act, or be the COE under the Clean Water Act, or be subject to state or local lawssubject to state or local laws

ManipulationsManipulations

Alterations that remove water, divert water, or otherwise Alterations that remove water, divert water, or otherwise affect hydrology on wetlands. May include any of the affect hydrology on wetlands. May include any of the following:following:

DamsDams DikesDikes DitchesDitches DiversionsDiversions Subsurface drains (tile)Subsurface drains (tile) PumpsPumps TerracesTerraces Dredge and fillDredge and fill ExcavationExcavation Deep ripping of a restrictive layer Deep ripping of a restrictive layer

Manipulated Wetlands (WX)Manipulated Wetlands (WX)

Wetlands that have been Wetlands that have been manipulated under the manipulated under the following conditions:following conditions: The manipulation was not The manipulation was not

for the purpose of producing for the purpose of producing an agricultural commodityan agricultural commodity

The manipulation did not The manipulation did not make production of an make production of an agricultural commodity agricultural commodity possible possible

Examples of WXExamples of WX An open ditch constructed through a forested wetland An open ditch constructed through a forested wetland

removes the hydrology, but the trees are not removed removes the hydrology, but the trees are not removed and the manipulation does not make production possibleand the manipulation does not make production possible

Trees cut with stumps left in place and there is no Trees cut with stumps left in place and there is no manipulation of hydrologymanipulation of hydrology

Piles of trees, stumps and soil covering an area, but the Piles of trees, stumps and soil covering an area, but the area cannot be cropped without additional land clearing area cannot be cropped without additional land clearing activitiesactivities

Rocks piled in wetlandsRocks piled in wetlands Construction of roads, buildings, or other activities that Construction of roads, buildings, or other activities that

do not make production possibledo not make production possible Construction of stock watering or irrigation pondsConstruction of stock watering or irrigation ponds Installation of orchards, groves or vineyardsInstallation of orchards, groves or vineyards

(WX) Restrictions(WX) Restrictions

Can be maintained, but not for the Can be maintained, but not for the purpose of or making possible production purpose of or making possible production of an agricultural commodity on the WX or of an agricultural commodity on the WX or any adjacent wetlandany adjacent wetland

Activities that manipulate wetlands may be Activities that manipulate wetlands may be subject to the Clean Water Act or other subject to the Clean Water Act or other wetland laws and regulationswetland laws and regulations

Artificial Wetland (AW) Artificial Wetland (AW)

Land that was formerly non-wetland under Land that was formerly non-wetland under natural conditions, but now exhibits natural conditions, but now exhibits wetland characteristics because of the wetland characteristics because of the influence of human activitiesinfluence of human activities

Exempt from the WC Provisions Exempt from the WC Provisions Can be drained, removed or otherwise Can be drained, removed or otherwise

manipulated without causing ineligibility for manipulated without causing ineligibility for USDA program benefitsUSDA program benefits

Examples of Artificial Wetlands Examples of Artificial Wetlands

A wetland created incidentally by an A wetland created incidentally by an irrigation delivery system or other adjacent irrigation delivery system or other adjacent human activity on an area that was human activity on an area that was formerly upland (non-hydric soils)formerly upland (non-hydric soils)

Ponds constructed in uplands Ponds constructed in uplands

Wetlands created by beaver activityWetlands created by beaver activity

AW CautionsAW Cautions

If area has hydric soils, or inclusions of If area has hydric soils, or inclusions of hydric soils, can’t be entirely AWhydric soils, can’t be entirely AW

Increasing the hydrology on an existing Increasing the hydrology on an existing wetland does not make the wetland an AWwetland does not make the wetland an AW

The COE or State wetland policy may The COE or State wetland policy may require permitting of activityrequire permitting of activity

Wetland Protection Policy may applyWetland Protection Policy may apply

Labels: Wetlands Converted After Labels: Wetlands Converted After December 23, 1985 December 23, 1985

Converted Wetlands (CW or CW+Year) Converted Wetlands (CW or CW+Year) Area that was formerly wetland ( W, FW, FWP, WX) and Area that was formerly wetland ( W, FW, FWP, WX) and

meets both of the following criteria:meets both of the following criteria: After December 23, 1985, has been drained, dredged, filled, After December 23, 1985, has been drained, dredged, filled,

leveled, or otherwise manipulated, including the removal of leveled, or otherwise manipulated, including the removal of woody vegetation (including stumps), and any activity that woody vegetation (including stumps), and any activity that results in impairing or reducing the flow, circulation, or reach of results in impairing or reducing the flow, circulation, or reach of waterwater

The purpose or effect of the activity was to make production of The purpose or effect of the activity was to make production of an agricultural commodity possible or to increase production, an agricultural commodity possible or to increase production, such as—such as—

• Making an area farmable in more years or during different times of Making an area farmable in more years or during different times of the year than it previously was; orthe year than it previously was; or

• Increasing yield because of reduced crop stress.Increasing yield because of reduced crop stress.

Examples of Manipulation that Examples of Manipulation that Convert WetlandsConvert Wetlands

Grading, land levelingGrading, land leveling Construction of open ditches or subsurface Construction of open ditches or subsurface

drains into, or outlets through wetlandsdrains into, or outlets through wetlands New construction of a diversion that decreases New construction of a diversion that decreases

flow of water to a wetlandflow of water to a wetland Construction of dugoutsConstruction of dugouts,, or other ponds, dikes, or other ponds, dikes,

etc. in wetlands resulting in fill being placed in a etc. in wetlands resulting in fill being placed in a wetland, or that impact wetland hydrologywetland, or that impact wetland hydrology

Examples of Manipulation that Examples of Manipulation that Convert WetlandsConvert Wetlands

Stems, stumps, and brush removed after Stems, stumps, and brush removed after December 23, 1985,December 23, 1985, if for the purpose of, or if for the purpose of, or made production of agricultural commodity or made production of agricultural commodity or mechanical harvest of forage possiblemechanical harvest of forage possible

Placing earthPlacing earth (including spoil from drainage (including spoil from drainage system maintenance), woodchips, manure, or system maintenance), woodchips, manure, or any material that could be disked in a wetlandany material that could be disked in a wetland

Any manipulation of the hydrology by means of Any manipulation of the hydrology by means of onsite or offsite activities that exceed the original onsite or offsite activities that exceed the original scope and effect of hydrologic manipulations scope and effect of hydrologic manipulations that occurred prior to December 23, 1985that occurred prior to December 23, 1985

Examples of Manipulation Not Examples of Manipulation Not Considered ConversionConsidered Conversion

Removal of woody vegetation Removal of woody vegetation without removal without removal of stumpsof stumps, such that the area cannot be , such that the area cannot be cropped or established for mechanical harvests cropped or established for mechanical harvests of hay or pastureof hay or pasture

Removal of woody vegetation, including stumps, Removal of woody vegetation, including stumps, from an area so small that production on the from an area so small that production on the area is not possiblearea is not possible

Removal of seedlings or young trees by mowing Removal of seedlings or young trees by mowing or normal plowingor normal plowing

Removal of herbaceous vegetation, provided it is Removal of herbaceous vegetation, provided it is conducted by mowing or normal tillingconducted by mowing or normal tilling

Date of ConversionDate of Conversion

Food Security Act 1985Food Security Act 1985 Persons shall be ineligible for USDA benefits if an Persons shall be ineligible for USDA benefits if an

agricultural commodity is planted on wetland that was agricultural commodity is planted on wetland that was converted after December 23, 1985converted after December 23, 1985

The Food, Agriculture, Conservation, and Trade The Food, Agriculture, Conservation, and Trade Act of 1990Act of 1990 Persons shall be ineligible if they convert wetlands Persons shall be ineligible if they convert wetlands

after November 28, 1990 to the extent that production after November 28, 1990 to the extent that production of an agricultural commodity is possible of an agricultural commodity is possible

(CW) or (CW+year)(CW) or (CW+year)

NRCS must determine when wetland was NRCS must determine when wetland was converted converted Conversions made between 12/23/85 and Conversions made between 12/23/85 and

11/28/90 will be labeled CW 11/28/90 will be labeled CW Conversions made after 11/28/90 will be Conversions made after 11/28/90 will be

labeled CW+year (the year the conversion labeled CW+year (the year the conversion occurred)occurred)

Use and Restrictions on CWUse and Restrictions on CW

CW may be maintained to the scope and CW may be maintained to the scope and effect of the original manipulationeffect of the original manipulation

Production of an agricultural commodity or Production of an agricultural commodity or forage for mechanical harvest on CW forage for mechanical harvest on CW results in ineligibility for USDA program results in ineligibility for USDA program benefits for that crop yearbenefits for that crop year

Use and Restrictions on Use and Restrictions on CW+yearCW+year

CW+year results in CW+year results in ineligibility for USDA ineligibility for USDA program benefits program benefits regardless of whether regardless of whether or not production of or not production of agricultural commodity agricultural commodity or forage for or forage for mechanical harvest mechanical harvest occurredoccurred

Converted Wetland ExemptionsConverted Wetland Exemptions

(CW-CME) Categorical Minimal Effect (CW-CME) Categorical Minimal Effect (CW-CPM) COE Permit w/ Mitigation(CW-CPM) COE Permit w/ Mitigation (CW-MIW) Mitigation Exemption(CW-MIW) Mitigation Exemption Mitigation Site (MIW) Mitigation Site (MIW) (CW-ME) Minimal Effect Exemption(CW-ME) Minimal Effect Exemption (CW-TP) Third Party Exemption(CW-TP) Third Party Exemption

(CW-CME) (CW-CME) Categorical Minimal EffectCategorical Minimal Effect

Activity is conducted per the approved list Activity is conducted per the approved list of Categorical Minimal Effect exemptions of Categorical Minimal Effect exemptions identified in 7 CFR Part 12identified in 7 CFR Part 12

State Conservationist, in consultation with State Conservationist, in consultation with the STAC, to develop and publish in the STAC, to develop and publish in Federal RegisterFederal Register

Hasn’t happened yetHasn’t happened yet

(CW-CPM)(CW-CPM)COE Permit w/ MitigationCOE Permit w/ Mitigation

Converted wetland is exempt because the Converted wetland is exempt because the activity is authorized by a COE permit and activity is authorized by a COE permit and satisfies the mitigation requirements of satisfies the mitigation requirements of the WC provisionsthe WC provisions

Caution!Caution! COE sometimes allows protection of existing COE sometimes allows protection of existing

wetlands for CWA mitigationwetlands for CWA mitigation Does not satisfy FSADoes not satisfy FSA Must replace wetland functionsMust replace wetland functions

(CW-MIW) Mitigation Exemption(CW-MIW) Mitigation Exemption

Mitigation has occurred according to an Mitigation has occurred according to an approved planapproved plan

Requires Wetland Functional AssessmentRequires Wetland Functional Assessment Mitigation Site (MIW) Mitigation Site (MIW)

Site of wetland restoration, enhancement, or Site of wetland restoration, enhancement, or creation serving as mitigation for CW-MIW creation serving as mitigation for CW-MIW site site

(CW-ME)(CW-ME)Minimal Effect ExemptionMinimal Effect Exemption

Conversion is determined to have a Conversion is determined to have a minimal effect, both individually and minimal effect, both individually and cumulatively, on the wetland functions in cumulatively, on the wetland functions in the watershed.the watershed.

Requires Minimal Effect procedure, based Requires Minimal Effect procedure, based on Wetland Functional Assessmenton Wetland Functional Assessment

State Conservationist, in consultation with State Conservationist, in consultation with the STAC, to develop the STAC, to develop

Hasn’t happened yetHasn’t happened yet

(CW-TP) Third Party Exemption(CW-TP) Third Party Exemption

Area was converted after 12/23/85 by a Area was converted after 12/23/85 by a third party who is not associated with the third party who is not associated with the producer, and without the producer’s producer, and without the producer’s collusion, fraud, scheme or device. collusion, fraud, scheme or device.

A third party does not include drainage A third party does not include drainage districts or other local government entities.districts or other local government entities.

May not be used to produce an agricultural May not be used to produce an agricultural commodity.commodity.

Only the third party can maintain.Only the third party can maintain.

Not Inventoried (NI) LabelNot Inventoried (NI) Label Areas within a tract or subject area where a Areas within a tract or subject area where a

wetland determination has not been made. wetland determination has not been made. May or may not contain wetlands May or may not contain wetlands Since areas labeled NI are not evaluated, no Since areas labeled NI are not evaluated, no

documentation is required in support of this labeldocumentation is required in support of this label Producers will be advised in writing via the Producers will be advised in writing via the

certified wetland determination, that he or she is certified wetland determination, that he or she is responsible for notifying NRCS before responsible for notifying NRCS before conducting activities that may impact wetlands in conducting activities that may impact wetlands in areas labeled NI, and that failure to do so may areas labeled NI, and that failure to do so may result in noncompliance with the WC Provisions.result in noncompliance with the WC Provisions.

Nonwetland (NW) LabelNonwetland (NW) Label

Land that did not meet wetland criteria on Land that did not meet wetland criteria on 12/23/85 and does not meet wetland criteria at 12/23/85 and does not meet wetland criteria at the time of the determination, excluding PC and the time of the determination, excluding PC and CW (non-hydric soils)CW (non-hydric soils)

Land that was converted prior to 12/23/85 and Land that was converted prior to 12/23/85 and did not meet wetland criteria on 12/23/85, but an did not meet wetland criteria on 12/23/85, but an agricultural commodity was not produced and agricultural commodity was not produced and the area was not managed for pasture or hay. the area was not managed for pasture or hay. (hydrology removed)(hydrology removed)

Supporting DocumentationSupporting Documentation Presence or absence of the three wetland criteria. Presence or absence of the three wetland criteria.

Other Waters Other Waters

Streams, lakes, Streams, lakes, ponds, rivers, and ponds, rivers, and ditches, that are not ditches, that are not wetlands (water is wetlands (water is too deep or swift to too deep or swift to support hydrophytic support hydrophytic vegetation)vegetation)


Not subject to the WC provisionsNot subject to the WC provisions May be regulated under the Clean Water May be regulated under the Clean Water

ActAct If manipulation will occur, advise the If manipulation will occur, advise the

person to contact the COE person to contact the COE Not labeledNot labeled


Caution!Caution! A vegetated wetland fringe often occurs A vegetated wetland fringe often occurs

along natural ponds, lakes, streams, rivers along natural ponds, lakes, streams, rivers and ditches and ditches

Are delineated when necessary for Are delineated when necessary for purposes of compliance with the WC purposes of compliance with the WC provisionsprovisions

Subject to CWA and E.O. 11990Subject to CWA and E.O. 11990

Part 514 — Wetland Determinations and Labels. Wetland Determination and Delineation The Act requires NRCS to determine, delineate, and certify all wetlands.

Documents

certified slide

coe wetland delineation

labels slide

possible slide

fsa slide

regional supplements

determination of ineligibility

required training