Subpart B - Wetland Criteria 



512.17(a) (2) 



(2) For purposes of this section, agricultural 

 production includes the planting of any crop, hay, or pasture. 

 Fruit trees, trees, vineyards, shrubs, fish production, and 

 cranberries are not considered agricultural production if the 

 conversion follows an approved plan. 



(3) Before approving a plan, SCS will advise the person 

 that 404 or other wetland-related permits may be required. 



(4) SCS will conduct an annual review of all wetlands 

 that are converted for non-agricultural use, until the planned use 

 is installed. At any time that the plans are not being followed, 

 or a hay, pasture or agricultural commodity is planted on the area, 

 the area will be changed to a converted wetland and will be in 

 violation of the wetland provisions. 



(b) Persons who plan to convert wetlands for non-agricultural 

 uses must check yes to appropriate question on form AD-1026 and 

 must submit a plan to SCS for approval before converting the 

 wetland. 



(1) The plan must include present condition, planned 

 alterations to the wetland, planned land use, date of conversion, 

 date the plan will be fully implemented, and the planned cover for 

 subject area. 



(2) The DC will review the plan and note any additional 

 conditions for the conversion. 



(3) Have the person sign the plan and inform them that 

 not following the plan will cause the area to become a converted 

 wetland and be in violation of the FSA provision. 



(4) The DC will sign, the plan. 



{512.18 Criteria for Converted Wetland Technical Error (CWTE) 



Incorrect wetland determinations made by SCS officials will be 

 corrected any time such incorrect determinations become known. The 

 new determinations become effective when made; however, no person 

 shall be adversely affected by actions based on a prior 

 determination. Promptly notify the land owner of the corrected 

 determination. 



512-23 

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



