Legal Ledger Brief: Highly erodible land vs. wetland clarified | Western Livestock Journal
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Legal Ledger Brief: Highly erodible land vs. wetland clarified

WLJ
Sep. 11, 2020 1 minute read
Legal Ledger Brief: Highly erodible land vs. wetland clarified

USDA has released a final rule on determining whether land is considered highly erodible or a wetland.

“Highly erodible land and wetland determinations are the gateway to USDA programs, and we strive to provide the highest quality technical assistance to inform decision-making by farmers and ranchers,” said Natural Resources Conservation Service Acting Chief Kevin Norton.

To be eligible for most USDA programs, producers must be compliant with highly erodible land and wetland provisions. The final rule adds that USDA will make a reasonable effort to include the affected person in an on-site investigation; further clarify how wetland hydrology is identified for farmed wetlands and farmed wetland pasture; clarify wetland hydrology in keeping with the definition of prior converted cropland; and relocate the provision that wetland determinations can be done on a tract, field, or sub-field basis in order to improve clarity.

To view the final rule, visit regulations.gov and searching for Docket ID 2020-18626.

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