Subpart E - Maintenance and Improvements 



512.41(e) 

 {512.41 Maintenance of farmed wetlands (FW) . 



(a) Farmed wetlands are certain wetlands that were manipulated 

 and used to produce an agricultural commodity prior to 



December 23, 1985, but haa not been converted prior to that date and, 

 therefore, are not prior converted croplands. These areas still meet 

 the wetland criteria and include potholes and playas that still meet 

 the wetland criteria, or areas that are seasonally ponded or flooded 

 for an extended period of time. These areas can be farmed and 

 maintained as they were prior to December 23, 1985, if they are not 

 abandoned . 



(b) Persons may maintain drainage systems on farmed wetland but 

 cannot expand the scope and extent of the original drainage on such 

 areas without loss of USDA program benefits. If manipulation or 

 maintenance activities take place after December 23, 1985, and prior 

 to the time SCS makes a wetland determination, the area will be 

 identified as a converted wetland if the soils are hydric, unless the 

 person provides information that supports that activities were 

 maintenance and did not exceed original scope and effect. 



(c) The person is responsible for providing information to 

 support the extent to which those areas have been drained. 



(d) SCS will docvunent the extent of drainage in the case file 

 when farmed wetland determinations are made. 



(e) Potholes and playas that were manipulated and farmed prior to 

 the Act and currently meet the wetland criteria will be considered 

 farmed wetland in order to protect their remaining biological and 

 hydrological values. Maintenance can be performed on such lands. 

 However, the farmed wetland label will not be changed to prior 

 converted cropland prior to the time the maintenance is completed 

 except as noted in (6) below. An area will be releibeled to a prior 

 converted cropland if a field visit confirms that the pothole or plava 

 does not meet wetland criteria as r esult of maintenanc e being 

 performed to the original scope and effect . If drainage systems on 

 such farmed wetland have been maintained to function as they did 

 originally and the land still meets the wetlemd criteria a£££C the 

 drainage facilities have been maintained, the land shall continue to 

 be designated farmed wetland. 



512-61 

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



