While communication with the USDA prior to the clearing or converting of land is recommended, it is especially true for ground that is considered highly erodible (HEL) or is considered a wetland.


Producers participating in federal farm programs and any person or entity considered to be an “affiliated person” of the producer, are subject to regulations pertaining to ground having HEL or wetland determinations.

“Before heading out with a bulldozer or back-hoe to clear a fence line or hiring a contractor to drain or fill in a field’s wet areas, it is extremely important that you have consulted with our staff to ensure these acres are not considered highly erodible or wetland acres,” Pfaff said.

“I assure you, the time spent working with our staff to make sure your plans won’t impact potentially fragile lands before you head to the field, will be time well spent.”

USDA enacted Highly Erodible and Wetland Conservation Provisions in 1985 to reduce soil loss; reduce sedimentation and improve water quality; preserve the nation’s wetland; protect the nation’s long-term capacity to produce food and fiber; and remove incentive for persons to produce agricultural commodities on highly erodible land or converted wetlands.
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The agency defines highly erodible land as cropland, hayland or pasture that can erode at excessive rates. These lands contain soils that have an erodibility index of eight or more.

And, a wetland has a predominance of wet soils types, is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support water tolerant vegetation and, under normal circumstances, supports a prevalence of such vegetation.

According to FSA policy, to be in compliance with the highly erodible land and wetland conservation provisions, producers must agree, by certifying on FSA’s Form AD-1026, that they will not:
  • Produce an agricultural commodity on highly erodible land without a conservation system
  • Plant an agricultural commodity on a converted wetland
  • Convert a wetland to make possible the production of an agricultural commodity
Any planned deviation to the agreement having the potential to convert HEL or wetland acreage or even land that may not yet have HEL or wetland determinations requires that producers update the Form AD-1026. FSA will notify NRCS and NRCS will then provide highly erodible land or wetland technical determinations on the acreage in question.

Pfaff warns that producers participating in FSA and NRCS programs who are not in compliance with highly erodible land or wetland conservation compliance provisions are not eligible to receive benefits for most programs administered by both agencies.

Further, if a producer has received program benefits and is later found to be non-complaint, he/she would be required to refund all payments received and may be assessed liquidated damages. FG

—From USDA news release