Tillage, Technology & Environmental Stewardship Every Illinois Landowner Should Know Wetlands and Conservation Compliance

Some History…  Wetland Conservation has been an integral part of Illinois agriculture since the passage of the Food Security Act of  High rates of wetland conversion and increased national awareness of environmental benefits associated with wetlands prompted congress to enact the legislation

Wetland Facts  Historically, high quality wetlands were perceived as wasted space and converted to other uses considered more beneficial.  Estimates show that by early 1990s, only 1,254,500 acres of Illinois’ original 8.2 million acres still existed.  Thanks to wetland-related programs, Illinois continues to make progress restoring our wetlands.

Today’s Goal This presentation is designed to discuss USDA-NRCS wetland determinations only. It is not intended to cover all possible situations, but can help familiarize clients with USDA wetland compliance provisions.

What Are Wetlands? A wetland is an area of land that exhibits the following three criteria. All three criteria must be present: hydric soils 1.Predominance of hydric soils (soils formed under wet conditions). hydrophytic vegetation 2.Prevalence of hydrophytic vegetation (vegetation adapted to wet soil conditions). 3.Inundation/saturation 3.Inundation/saturation by surface or groundwater (hydrology) enough to support hydrophytic vegetation.

Wetlands… Although the term “wetland” brings to mind areas of shallow water, cattails, and landing ducks, most of our wetlands are forested wetlands or cropped wetlands that only hold surface water temporarily, but are seasonally saturated.

Why Protect them? Concerns over wetland losses, and the resulting environmental health issues, prompted Congress to enact legislation to protect them and their associated functions that are beneficial to the environment and society.

Wetland Functions  Wetland functions include: Improving water quality Flood control Sediment control Nutrient cycling Maintaining critical wildlife habitat Recharging groundwater

Farm Bill Wetland Provisions  Wetland Compliance is a conservation compliance provision introduced in the ‘85 Farm Bill as part of the Wetland Conservation Compliance Provisions, to discourage production of agricultural commodities on converted wetlands.  People who convert wetlands to produce ag commodities will be ineligible for USDA benefits until functions of converted wetlands are mitigated/restored.

Maintain USDA Eligibility  To maintain eligibility, participants must certify they have not produced crops on converted wetlands after 12/23/1985, and they did not convert a wetland to make agricultural production possible after 11/28/1990.

Rules  Any activity that alters natural wetlands, making possible the production of an ag commodity or forage crop is prohibited. Filling Draining (surface ditching, subsurface tiling) Land leveling Clearing woody vegetation; stump removal Diverting run-off water from a wetland (i.e. building a diversion)

 In most cases, drainage systems and other conversions that existed prior to 12/23/1985, can be maintained to the extent they existed at that time.  See local NRCS office for details. Rules

Wetland Compliance Violations  USDA farm program benefits may be lost.  Participants who plant a crop on wetlands converted between 12/23/1985, and 11/28/1990, will not be eligible for certain benefits any year a crop is planted.  After 11/28/1990, participants who altered wetlands to make crop production possible are not eligible for benefits until previous functions are restored/mitigated. Note: Ineligibility applies to all current & future participants associated with the converted wetland parcel.

NRCS vs COE  NRCS wetland determinations are conducted to implement wetland conservation provisions of the Food Security Act of  The determinations/delineations may not be valid for identifying the extent of the U.S. Army Corps of Engineers’ (COE) Clean Water Act jurisdiction for the sites.

Keep Folks Informed! If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters, you should request a jurisdictional determination from the local office of the US Army Corps of Engineers prior to starting the work.

Variances-Exemptions  Numerous variances and exemptions have been included in the wetland conservation provisions. Work with your local NRCS office to determine if they apply to your farm.  Prior Converted (PC):  Artificial Wetlands (AW):  Minimal Effect:  Mitigation (Off setting Losses):  Scope and Effect:  Non-Agricultural Activities:

Wetland Types Prior Converted (PC): - A wetland converted prior to 12/23/1985, on which an agricultural commodity was produced at least once prior to this date, and as of this date, did not support woody vegetation. No restrictions on use. Artificial Wetlands (AW): - Wetland areas created due to human activities on land that was NOT a wetland. No restrictions on use.

Wetland Impacts Minimal Effect: - May be granted when NRCS determines wetland conversion activity only minimally impacts wetland functions. Mitigation (Off setting Losses): - Compensation through wetland restoration, enhancement, or creation for wetland functions lost on a converted wetland.

Wetland Impacts Mitigation: (Off setting Losses) Continued: - Mitigation areas are generally located on the same property as converted wetland; often require greater ratio of restored wetland to converted wetland acres. - Plan must be implemented within 12 months.

Wetland Impacts Mitigation (Continued): - Requires an easement to mitigate wetland off original site Scope and Effect: - In some cases, drainage may be maintained as it was prior to 12/23/1985. No added drainage may be achieved after this date. Non-Agricultural Activities: - Swampbuster does not regulate non-ag activities--road or home site construction.

Determinations  It is the landowner’s or program participant’s responsibility to contact USDA if he or she plans to do any type of work in wet areas to improve the scope of a drainage system or bring non-cropland into crop production.  The best way is to go to the local USDA Service Center to review wetland determinations and fill out an AD-1026 form at the Farm Service Agency (FSA) office if a new determination is needed.

Determinations  Most wetland determinations completed prior to 7/3/1996, are not considered “certified,” and therefore are not valid for determining compliance with the provisions.  NRCS determines if producer’s land has wetlands subject to the provisions.  NRCS maintains lists of typical wetland soils & plants. Along with assessing site, NRCS uses this list to conduct determinations.

Determinations  These determinations stay in effect as long as land is used for ag purposes or until the producer requests a review. All wetlands, including AWs and wetlands converted for non-agricultural activities, fall under US Army Corps of Engineers’ (COE) jurisdiction under Section 404 of the Clean Water Act. Contact the COE before conducting any planned activities in or around potential wetlands.

Disagree? If you disagree with NRCS’ determination, you will be provided the opportunity to appeal the determination before it becomes final. To learn more about wetland programs and ecological benefits, visit Illinois NRCS’ website at

Equal Opportunity The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or participating in a program that receives financial assistance from USDA, you may file a complaint with USDA. Information about how to file a discrimination complaint is available from the Office of the Assistant Secretary for Civil Rights. USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex (including gender identity and expression), marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, complete, sign and mail a program discrimination complaint form, available at any USDA office location or online at or write to: USDA Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W. Washington, D.C Or call toll free at (866) (voice) to obtain additional information, the appropriate office or to request documents. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay service at (800) or (800) (in Spanish). USDA is an equal opportunity provider, employer and lender. Persons with disabilities who require alternative means for communication of program information (e.g., Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD).