USDA clarifies wetland determinations to provide certainty to farmers

The U.S. Department of Agriculture is putting farmers first and supporting government accountability by providing clear guidance around wetland determinations, which helps inform agricultural producers’ decisions for their operations. USDA’s Natural Resources Conservation Service published an interim final rule that ensures most determinations made since 1990 are considered certified, and producers can rely on the determinations to work farmland.

“We want to empower farmers, ranchers and landowners to do what they do best – farm the land,” said NRCS Chief Colton L. Buckley. “Farmers’ direct relationship with the land makes them uniquely qualified to guide its stewardship, and we took action to provide regulatory certainty in order to make operational decisions.”

Producers rely on certified wetland determinations when making decisions about their agricultural operations, which impacts USDA program eligibility such as farm loans, conservation assistance, crop insurance and commodity programs.

Through this interim final rule, NRCS addressed inconsistencies in how wetland determinations have been certified and issued in the past. It aligns USDA policy with statutory requirements, protects producer reliance interests, and reduces unnecessary administrative burden by preventing the reinterpretation or replacement of previously certified determinations unless the producer asks for a review.

Specifically, the interim final rule ensures all wetland determinations issued after Nov. 28, 1990, are certified if:

1. the producer was notified of the determination; and 
2. the producer was given appeal rights at the time.  

Farmers can rely on the decision to install drainage, clear land, and conduct other land alternations without risking USDA program eligibility so long as the determination shows the area is not a wetland in accordance with the Wetland Conservation provisions of the Food Security Act of 1985.

PHOTO: Pair of pintail ducks in the sky on a frosty morning over the wetlands. (Adobe Stock │ #288828658 – Cliff)