Part 512 - Wetland Conservation 



512.31(a) (2) 



(2) Once a wetland has been converted and the person 

 abandons the production of an agricultural commodity, eligibility 

 may be restored for any crop year that an agricultural commodity is 

 not planted on a converted wetlemd. 



(b) Converted Wetland after Nov ember 28. 1990 rcw+vear) 

 The person is ineligible for USDA benefits after conversion 



regardless of use of land. The person remains ineligible until the 

 wetland is restored. After being restored, areas may be used 

 consistent with their use prior to conversion. 



(c) Converted Wetland Technical Error rcWTE) . If the person 

 has converted or commenced conversion of the wetland as a direct 

 result of misinformation provided by SCS, the person shall be 

 granted relief for the actions taken based on the incorrect 

 determination by SCS. An incorrect determination or decision which 

 was based on misinformation provided bv the person is not 

 considered a technical error on the part of SCS. If a small 

 investment was made to convert the area, the person shall be 

 exempted from past violations, but will not be permitted to plant 

 agricultural commodities on the area in the future, and the area is 

 labeled CW. If a substantial investment was made to convert the 

 wetland, the wetland will be labeled CWTE, and the person will be 

 permitted to produce on the area in the future. Any additional 

 drainage on a CWTE area will be considered a conversion unless a 

 minimal effect determination applies. 



(d) Converted Wetland s for Non-Aaricult ural Use rcWNA) . 

 Persons who plan to convert a wetland after November 28, 1990, for 

 purposes other than production of an agricultural commodity, must 

 get such plans approved before the conversion takes place. The 

 plan must be approved by SCS in consultation with FWS. 



(1) Non-agricultural use includes trees, shrubs, 

 cranberries, vineyards, fish production, roads, and buildings. 

 Trees, shrubs, vineyards, and cranberries must be established 

 according to the proposed plan and in a manner that is customary to 

 the region. Such vegetation must be planted or seeded and not 

 allowed to establish naturally, and must be done in such a way that 

 an agricultural commodity or forage crop cannot be produced when 

 the established vegetation is harvest2±»le or produces harvestable 

 products. Fish production facilities, roads, and buildings must be 

 designed in a manner that is customary to the region and must 

 include features to avoid or minimize the effect on the wetland and 

 adjacent wetlands. 



512-50 



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



