Conservation

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UNITED STATES DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

RISK MANAGEMENT AGENCY

NATURAL RESOURCES CONSERVATION SERVICE 

FACT SHEET

December 2017

Conservation Compliance – Highly Erodible Land and Wetlands

OVERVIEW

Conservation compliance:

• Requires producers to farm according to 

an approved system or conservation plan if 

they plant annually tilled crops on highly 

erodible land; and

• Prohibits producers from planting on 

converted wetlands or converting wetlands 

for crop production.

The 2014 Farm Bill requires producers, 

and any affiliated individuals or entities to 

participating producers, to comply with these 

provisions who participate in most programs 

administered by the Farm Service Agency 

(FSA), the Natural Resources Conservation 

Service (NRCS) and the Risk Management 

Agency (RMA). Non-compliance may affect 

the following types of U.S. Department of 

Agriculture (USDA) program benefits:

• FSA loans and disaster assistance 

payments;

• NRCS and FSA conservation program 

benefits; and

• Federal crop insurance premium support.

COMPLIANCE WITH HELC AND WC 

PROVISIONS 

Highly erodible land conservation (HELC) and 

wetland conservation (WC) provisions (known 

as “conservation compliance”) aim to reduce 

soil loss on erosion-prone lands and to protect 

wetlands for the multiple benefits they provide. 

HELC and WC provisions apply to all land 

that is considered highly erodible or a wetland, 

and that is owned or farmed by persons 

voluntarily participating in USDA programs,

unless USDA determines an exemption 

applies.

To comply with HELC and WC provisions, 

producers and affiliated persons must fill out 

and sign form AD-1026 certifying they will 

not:

• Plant or produce an agricultural commodity 

on highly erodible land without following 

an NRCS-approved conservation plan or 

system;

• Plant or produce an agricultural commodity 

on a converted wetland; or

• Convert a wetland that makes the 

production of an agricultural commodity 

possible.

In addition, producers planning to conduct 

activities that may affect their HELC or 

WC compliance; for example bringing new 

land into production, removing fence rows, 

conducting drainage activities or combining 

fields; must notify FSA by filing form 

AD-1026. FSA will notify NRCS, and NRCS 

will then provide highly erodible land or 

wetland technical evaluations and issue 

determinations if needed.

Form AD-1026 can be found at 

www.fsa.usda.gov/ad1026form.

AGRICULTURAL COMMODITY

An agricultural commodity is any crop planted 

and produced by annual tilling of the soil, 

including one-trip planters and sugarcane.

HIGHLY ERODIBLE LAND

Highly erodible land is any land that can 

erode at excessive rates because of its soil 
FACT SHEET

Conservation Compliance December 2017

properties and is designated by field and based 

on the proportion of the total field acreage that 

contains highly erodible soils.

Producers who produce agricultural 

commodities on land identified as highly 

erodible are required to farm such land in 

accordance with a conservation plan or 

system that is approved by NRCS and that 

substantially reduces soil loss. Producers 

proposing to produce agricultural commodities 

on highly erodible land that has no crop 

history prior to Dec. 23, 1985, (known as 

sodbusting) are required to farm such land in 

accordance with a conservation plan or system 

that provides for no substantial increase in 

soil erosion. A conservation plan or system to 

reduce soil erosion is not required for land that 

is not highly erodible.

WETLAND

A wetland is an area that:

• Has a predominance of hydric soils (wet 

soils);

• Is inundated or saturated by surface or 

groundwater (hydrology) at a frequency 

and duration sufficient to support a 

prevalence of hydrophytic (water tolerant) 

vegetation typically adapted for life in 

saturated soil conditions; and

• Under normal circumstances, supports 

a prevalence of such vegetation except 

that this term does not include lands in 

Alaska identified as having a high potential 

for agricultural development and a 

predominance of permafrost soils.

EXPLANATION OF AFFILIATED 

PERSONS WHO NEED TO FILE AN 

AD-1026 FOR HELC AND WC 

COMPLIANCE PURPOSES

An “affiliated person” is an individual or 

entity who has a specific connection to the 

individual or entity completing the AD-1026. 

Affiliated persons could be family members 

or business partners. See the fact sheet titled 

“Conservation Compliance for Highly 

Erodible Land and Wetlands - Affiliated 

Persons” for a description of who or what are 

considered affiliated persons.

AD-1026 FILING REQUIREMENT FOR 

AFFILIATED PERSONS

Although an individual or entity may be 

considered an affiliated person to a producer 

requesting benefits, an affiliated person who 

does not have a farming interest does not need 

to file an AD-1026. A “farming interest” for 

this purpose is an owner, operator or other 

producer on any farm. An example of an 

affiliated person who does not need to file an 

AD-1026 is a minor child that does not have a 

farming interest.

NRCS AND FSA ROLES IN MAKING 

DETERMINATIONS

When making HELC and WC compliance 

determinations:

• NRCS responsibilities include:

 o For HELC compliance:

 - Making highly erodible land

 determinations; 

 - Working with producers to develop

 conservation plans and systems; and 

 - When required, determining if

 highly erodible land is being farmed

 in accordance with a conservation

 plan or system approved by NRCS.

o For WC compliance:

 - Making wetland determinations,

 including establishing if certain

 technical exemptions apply, such as

 prior converted cropland; and 

 - Determining if a wetland conversion

 has occurred.

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• FSA makes eligibility determinations, such 

as who is ineligible based upon NRCS 

technical determinations of HELC or WC 

non-compliance. FSA also acts on requests 

for the application of certain eligibility 

exemptions, such as the good faith relief 

exemption.

HIGHLY ERODIBLE LAND AND 

WETLAND IDENTIFICATION

FSA maintains the official USDA records 

of highly erodible land and wetland 

determinations. The determinations are 

recorded within the geographic information 

system and the automated farm and tract 

records maintained by FSA; however, it is 

important to know that determinations may not 

include all of the producer’s land. Producers 

may obtain aerial imagery of their farms 

and a printout of their farm and tract records 

from the FSA office servicing their farm. If a 

producer is uncertain of the highly erodible 

land and wetland determinations applicable 

to their land, the producer should contact 

the appropriate USDA service center for 

assistance. For help in locating local USDA 

service centers, visit http://offices.usda.gov.

HELC AND WC NON-COMPLIANCE

The 2014 Farm Bill:

• Re-established the applicability of HELC 

and WC provisions to crop insurance 

financial support; and

• Made no change in HELC and WC 

implementation with respect to NRCS and 

FSA programs.

FSA AND NRCS PROGRAMS

Producers who are not in compliance with 

HELC and WC provisions are not eligible 

to receive benefits for most programs 

administered by FSA and NRCS. If a producer 

received program benefits and is later found 

to be non-compliant, the producer may be 

required to refund all benefits received and/or 

may be assessed a penalty.

In particular, unless specific exemptions 

apply, a producer participating in FSA and 

NRCS programs must be in compliance with 

an NRCS-approved conservation plan or 

system for all highly erodible land used for 

agricultural commodity production; not have 

planted or produced an agricultural commodity 

on a wetland converted after Dec. 23, 1985; 

and after Nov. 28, 1990, must not have 

converted a wetland making the production of 

an agricultural commodity possible.

A producer who violates HELC or WC 

provisions is ineligible for applicable FSA and 

NRCS benefits for the year(s) in violation. 

A planting violation, whether on highly 

erodible land or a converted wetland, results in 

ineligibility for benefits for the year(s) when 

the planting occurred. A wetland conversion 

violation results in ineligibility beginning with 

the year in which the conversion occurred 

and continuing for subsequent years, until the 

converted wetland is restored or mitigated 

before Jan. 1 of the subsequent year.

HELC AND WC NON-COMPLIANCE – 

RMA – POLICIES REINSURED BY FCIC

Producers obtaining federally reinsured crop 

insurance will not be eligible for any premium 

support paid by the Federal Crop Insurance 

Corporation (FCIC) for any policy or plan of 

insurance if the producer:

• Has not filed an accurately completed 

AD-1026 with FSA certifying compliance 

with HELC and WC provisions; or

• Is not in compliance with HELC and WC 

provisions.

FACT SHEET

Conservation Compliance December 2017

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FACT SHEET

Conservation Compliance December 2017

Unless specific exemptions apply, a producer 

must:

• Be in compliance with an NRCS-approved 

conservation plan for all highly erodible 

land;

• Not plant or produce an agricultural 

commodity on a wetland converted after 

Feb. 7, 2014; and

• Not have converted a wetland after Feb. 7, 

2014, to make possible the production of 

an agricultural commodity.

A producer is ineligible for any premium 

support paid by FCIC on all policies and plans 

of insurance for the reinsurance year(s) 

(July 1 – June 30) following the reinsurance 

year of a final determination of a violation 

of HELC or WC provisions, including 

all administrative appeals, unless specific 

exemptions apply. Further, a producer will be 

ineligible for any premium support paid by 

FCIC on their policy or plan of insurance if 

they do not have a completed AD-1026 on file 

with FSA certifying compliance on or before 

the premium billing date for their policy or 

plan of insurance, unless otherwise exempted.

REGAINING ELIGIBILITY FOR 

BENEFITS LOST BECAUSE OF A 

VIOLATION

Producers who are found to be in violation 

of HELC or WC provisions, but acted in 

good faith and without the intent to violate, 

may file a request to regain eligibility for the 

period in violation at the FSA office where 

their farm records are administered. If the 

request is approved, producers are required to 

take corrective action within an established 

period. There are exemptions that may apply in 

limited circumstances.

FOR MORE INFORMATION

This fact sheet is provided for informational 

purposes; other restrictions may apply. 

For more information on HELC and WC 

compliance, contact the FSA office or 

the NRCS office at a local USDA service 

center at http://offices.usda.gov. Additional 

information can be found online at 

www.fsa.usda.gov/compliance for FSA, 

www.nrcs.usda.gov for NRCS and 

www.rma.usda.gov for RMA. The regulations 

covering these provisions are set forth in the 

Code of Federal Regulations at 7 CFR Part 12.

________________________________________________________

In accordance with Federal civil rights law and U.S. Department of 

Agriculture (USDA) civil rights regulations and policies, the USDA, 

its Agencies, offices, and employees, and institutions participating in 

or administering USDA programs are prohibited from discriminating 

based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital 

status, family/parental status, income derived from a public assistance 

program, political beliefs, or reprisal or retaliation for prior civil 

rights activity, in any program or activity conducted or funded by 

USDA (not all bases apply to all programs). Remedies and complaint 

filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, 

American Sign Language, etc.) should contact the responsible Agency 

or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or 

contact USDA through the Federal Relay Service at (800) 877-8339. 

Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA 

Program Discrimination Complaint Form, AD-3027, found online at 

http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA 

office or write a letter addressed to USDA and provide in the letter 

all of the information requested in the form. To request a copy of the 

complaint form, call (866) 632-9992. Submit your completed form or 

letter to USDA by:

1) mail: U.S. Department of Agriculture Office of the Assistant

 Secretary for Civil Rights 1400 Independence Avenue, SW 

 Washington, D.C. 20250-9410;

2) fax: (202) 690-7442; or

3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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