Part 512 - Wetland Conservation 



512.16(c) (1) 



(i) Surface water must be present for extended 

 periods in the growing season to qualify as seasonally flooded or 

 ponded. "Extended periods" is defined as the continued presence of 

 surface water for at least 15 consec-rive days or 10 percent of the 

 growing season, whichever is less under average conditions (50 

 percent chance of occurrence using all existing precipitation 

 records) . Growing season is defined in Hydric Soils of the United 

 States. 



(ii) States, with NTC concurrence and in 

 consultation with FWS, are authorized to determine locations where 

 extended periods will be longer than the definition above. Such 

 determinations will be based on the degree of ponding or flooding 

 required to protect seasonal wetland wildlife values. The purpose 

 of defining seasonally flooded or ponded areas as wetlands despite 

 previous manipulations (e.g., clearing woody vegetation, planting 

 an agricultural commodity) is to maintain remaining seasonal 

 wetland wildlife values. 



{512.16 Criteria for identifying Converted Wetlands (CW+year) 

 after November 28, 1990. 



(a) Converted wetlands after November 28, 1990, will be 

 determined using the criteria for converted wetlands in 512.14. 



(b) Persons who convert a wetland after November 28, 1990, for 

 the purpose, or to have the effect, of making possible the 

 production of an agricultural commodity will be ineligible for USDA 

 program benefits. 



(c) The conversion of a wetland for any purpose other than 

 vineyards, shr\ibs, fish production, trees, cranberries, roads, and 

 buildings is considered as converted for crop production. 



(1) Wetland converted for pasture or hayland is 

 considered a converted wetland because it is assumed a conversion 

 to allow the planting of grass or legumes also would make the 

 production of an agricultural commodity possible. 



r 



512-20 



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



