USDA is updating the guidance for how wetland determinations are made, certifying most determinations made since 1990.
USDA’s Natural Resources Conservation Service (NRCS) on July 28 issued an interim final rule intended to clarify wetland determinations for agricultural producers.
“We want to empower farmers, ranchers and landowners to do what they do best—farm the land,” said NRCS Chief Colton L. Buckley. “Farmers’ direct relationship with the land makes them uniquely qualified to guide its stewardship, and we took action to provide regulatory certainty in order to make operational decisions.”
A certified wetland determination indicates areas that are subject to specific wetland conservation provisions. The determination stays in effect as long as the land is used for agricultural purposes or if a review is requested.
Through the interim final rule, NRCS addressed inconsistences about how wetland certifications have been certified and issued in the past, the agency said.
The rule clarifies how wetland determinations certified and issued between November 28, 1990, and July 3, 1996, have been handled. The rule also responds to a 2024 court ruling that found NRCS did not meet procedural requirements in a 2020 final rule about certification of pre-1996 determinations.
The interim rule was effective July 29, and comments may be submitted until Sept. 28. To submit a comment, search for docket ID USDA-2026-0265 at regulations.gov.
Interim rule details
The interim final ruled ensures all wetland determinations after Nov. 28, 1990, are certified if the following are true:
• The producer was notified of the determination.
• The producer was given appeals rights at the time.
“Farmers can rely on the decision to install drainage, clear land, and conduct other land alternations without risking USDA program eligibility so long as the determination shows the area is not a wetland in accordance with the Wetland Conservation provisions of the Food Security Act of 1985,” USDA said. — Anna Miller Fortozo, WLJ managing editor
