Part 512 - Wetland Conservation 



512.17(a) (1) 



(d) The person will remain ineligible for all programs and all 

 lands which the person has an interest, for that year forward, if 

 the land is not restored. Any other person will become ineligible 

 in any year in which the person plants an agricultural commodity or 

 forage crop on the land. 



(e) All converted wetlands that were not PC on December 23, 

 1985, and that are found after November 28, 1990, on farms enrolled 

 in USDA programs for which an AD-1026 is signed, will be presumed 

 to have been converted after November 28, 1990, and therefore must 

 be restored in order for the person to regain eligibility for USDA 

 program benefits. The person will be issued a determination of 

 CW+year, which the person may appeal. Request ASCS to provide an 

 ASCS-569 form, SCS Report of Conservation Compliance for Spotcheck 

 Purposes. SCS will consider changing the CW+year determination if 

 the person can document that the wetland was converted prior to 

 November 28, 1990. If the area has been planted to an agricultural 

 commodity, or the person provided incorrect information, inform 

 ASCS . 



(f) Wetlands converted after November 28, 1990, will be 

 labeled CW plus the year in which the conversion took place or was 

 found. 



(g) Manipulation of a wet area that makes production of an 

 agricultural commodity possible will cause the area to become a 

 converted wetland. 



t512.17 Criteria for converted wetlands for non-agricultural 

 purposes (CWNA) . 



(a) Persons who plan to convert a wetland for purposes other 

 than production of an agricultural commodity or forage crops must 

 have such plems approved before the conversion takes place. The 

 plan must be approved by the SCS in consultation with FWS. Any 

 person who converts a wetland is considered to have converted the 

 wetland for agricultural production unless the person got prior 

 approval for conversion. Persons must indicate on the AD-1026 that 

 a wetland will be converted for non-agricultural use. The wetland 

 will be labeled "CWNA" exempted converted wetlands, 

 non-agricultural use. 



(1) Persons who plan to do maintenance on hayland, 

 pasture, or other wetlands that will not lead to a land use change 

 must also get prior approval under this section by indicating 

 intent on an AD-1026. 



512-22 



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



