Subpart B - Wetland Criteria 



512.14(b) (4) 



(ii) If the stems were removed but the stumps 

 remain to the extent that the land cannot be farmed without further 

 stump or brush removal, the area is a wetland that cannot be farmed 

 under natural conditions, 



(ill) If the woody vegetation (including stems and 

 stumps) was removed prior to December 23, 1985, the area is a 

 wetland that can be farmed under natural conditions if it is not 

 necessary to manipulate or remove additional woody vegetation 

 (including stxomps or brush) after December 23, 1985. 



(3) If maintenance activities exceed prior scope and 

 effect, or a wet area is manipulated. 



(4) If maintenance takes place on a wetland FW or FWP 

 and the person did not indicate intent to do maintenance on the 

 AD-1026. Person may appeal and provide proof that it was 

 maintenance. 



(b) A wetland is not considered to be converted if: 



(1) The area continues to meet wetland criteria despite 

 having been cropped but not drained or otherwise altered. Cropping 

 or cropping history are not criteria for converted wetland. 



(2) Production of an agricultural commodity on the land 

 is possible as a result of a natural condition, such as drought, 

 and it is determined that the production of the agricultural 

 commodity does not permanently alter or destroy natural wetland 

 characteristics. Destruction of herbaceous (non-woody) hydrophytic 

 vegetation as a result of cultivation is not considered to be 

 destruction of a natural wetlamd characteristic, unless the 

 cultivation is designed specifically to alter the hydrological 

 condition, such as use of a chisel on a vernal pool. 



(3) The manipulation that caused the conversion was 

 needed to control erosion on highly erodible land. However, the 

 wetland is considered converted if done for purposes other tham 

 erosion control on HEL; or 



(4) The manipulation that caused the conversion was 

 installed on HEL adjacent to the wetland area and caused the 

 conversion by reducing water. Evaluate the structures used against 

 alternative measures and document justification for the measures 

 used. The measure used must be a practicable alternative for 

 erosion control in accordance with the FOTG. 



512-15 

 (180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



