Part 512 - Wetland Conservation 



512.19(C)(1) f 



an intent to sell or develop land for non-agricultural uses does 

 not constitute an intent to abandon, without a written declaration. 



(b) A prior converted cropland (PC) or farmed wetland (FW) is 

 considered abandoned if wetland criteria are met, and 



(1) the prior converted croplemd or farmed wetland has 

 not been planted to an agricultural commodity for 5 successive 

 years ; and 



(2) it was not enrolled in a USDA set-aside or similar 

 program of conserving use or wetland restoration approved by FWS or 

 a state wildlife agency. However, if it is clear that the area was 

 not farmable for the preceding 5-year period and was not farmable 

 at the time it designated as set-aside, the area is considered 

 wetland (W) . The DC will request ASCS to determine whether the 

 land was eligible for set-aside when it was designated, and ASCS 

 will" document its determination. The DC should inform ASCS, the 

 farmer, and the state conservationist, through appropriate 

 channels, that the area is now determined to be wetland due to 

 abandonment of crop production, or 



(3) the person indicates an intent to aibandon. However, 

 after 5 successive years of no crop production or participation in 

 USDA set-aside or similar programs, the area is automatically ^ 

 considered abandoned regardless of intent. The farmer may request 



a reconsideration or appeal of the wetland determination based on 

 the inability of the farmer to maintain production on the area due 

 to circumstances beyond the farmer's control, such as where 

 production on the area has been abandoned and not used as set-aside 

 due to lack of maintenance of a related drainage facility by the 

 drainage district or county. Using the information provided by the 

 farmer, with the concurrence of the Fish and Wildlife Service 

 (FWS) , the DC may determine that the presumption of zUscmdonment has 

 been rebutted by this showing of an intention not to eOsandon. 



(c) Farmed wetland pasture or hayland (FWP) is considered 

 abandoned if wetland criteria are met, eind 



(1) the farmed pasture or hayland wetland has not been 

 used, managed, or maintained, and has not been harvested (hayed, 

 cropped or grazed) at least once in the preceding 5-year period; 

 and 



512-26 



(180-V-NF£AM, Second Ed., Amend. 6, May 1991) 



