A USDA Certified Wetland Review is required before altering farm drainage
Most farmers and absentee landowners who own or farm cropland in Illinois rely on the United States Department of Agriculture (USDA) benefit programs. These programs serve as a safety net to keep farm operations economically viable and motivate them to adopt environmentally friendly farming practices. For example:
- Conservation Reserve Program
- Farm Bridge Assistance Program
- Federal Crop Insurance
A USDA-certified Wetlands Determination must be obtained before changing soil drainage on the farm. Failure to receive the proper certification could prevent a farm operation from participating in current or future USDA benefit programs until this violation is rectified.
Specifically, USDA program participants planning to modify farm drainage—including tile installation or surface water rerouting—must complete an FSA-AD 1026 HIGHLY ERODIBLE LAND CONSERVATION (HELC) AND WETLAND CONSERVATION (WC) CERTIFICATION form, known simply as an AD-1026. The farm operation does not have to complete the 1026 form if it does not plan to participate in the USDA program. However, if a farmer wants to enroll in programs in the future, the farm will be out of compliance and ineligible for future payments until USDA removes any adverse wetlands determinations. For an absentee landowner, this means parts of the farm will be ineligible for USDA benefits until the situation is addressed.
Form FSA-AD 1026 must be certified as compliant
After the farmer or landowner completes the USDA Farm Service Agency (FSA) DA-1026 Form, they will wait for the determination letter and the NRCS-CPA-026e form, which will include the determination results. The certification letter and form will indicate one or more of the following designations on the farm: Prior Converted Cropland (PC), Non-Wetlands (NW), Artificial Wetlands (AW), or Minimal Effect Exemption Wetland (MW). These designations impose no limitations on drainage tile improvements in the areas inspected, as shown on the map. Once the USDA approves an application without limitations, drainage projects can proceed.
In contrast, a designation of Farmed Wetland (FW), Wetland (W), or Farmed Wetland Pasture or Hayland (FWP) on the land indicates that the land cannot be tile-drained by the farmer with perforated tile. A farmer can install a solid pipe to block local drainage while diverting water outflow from non-wetland areas.
Where drainage was installed in or near a wetland before December 23, 1985, the system may be maintained in accordance with the design and impacts of the drainage as originally constructed. Any additional drainage that would increase crop production or allow the wetland to be farmed in additional years would be a potential violation. Contact your local USDA office for clarification.
Certification Can Take a Long Time
Wetlands Determination Certification can take several months or longer to complete. It is essential to complete this early to avoid interfering with tile installation.
Additional components of FSA Form AD-1026
The FSA-AD 1026 form includes a certification for Highly Erodible Land (HEL). Other activities requiring Wetlands Determination Certification are removing farmsteads, fence lines, and tree lines. Contact USDA with questions.
Why Do Farmers/Landowners Fail to Obtain Wetlands Certification?
There are many reasons for failure to obtain certification. Here are several questions and considerations:
- I just forgot about certification or did not know.
- Neglecting to certify does not make the obligation go away. There can be severe consequences.
- If there is a negative determination and I don’t want to draw attention, I’ll ignore it.
- USDA does, in fact, run random audits. In addition, the agency has a form, FSA-569 NRCS Report, for reporting public violations.
- The penalties aren’t severe.
- You could lose all USDA program benefits.
- I really don’t want to participate in USDA programs.
- Farmers and landowners are not required to participate in USDA benefit programs. However, failure to comply could have negative consequences in the future if your situation changes or the owner sells the farm.
- What should I do if I’m out of compliance?
- Contact your local FSA office immediately to work out the details of bringing the farm into compliance.
- Can I appeal a decision that keeps me from draining a wet area?
- Yes, a farmer can appeal a USDA decision. As the farmer, you can provide essential details to support your opinion on the application, or you can do so after the USDA makes its decision. After you submit the AD-1026, you will receive a Preliminary Technical Decision (PTD). You can appeal the decision to the USDA National Appeals Division, and after that, you can appeal to the Federal District Court.
- Do I need a wetlands determination for installing wind turbines and solar panel fields?
- Having a wetlands determination before construction may be helpful. Companies installing renewable energy systems often tile around the structures. Additionally, the owner may want to change the land to crop use in the future.
Contact your local FSA office immediately to work out the details of bringing the farm into compliance or for additional information.