FACT SHEET

UNITED STATES DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY & NATURAL RESOURCES CONSERVATION SERVICE

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April 2012

Highly Erodible Land Conservation and Wetland Conservation Compliance

Conservation Compliance on 

Highly Erodible Land and 

Wetlands 

The Food Security Act of 1985, 

as amended, requires producers 

participating in most programs 

administered by the Farm Service 

Agency (FSA) and the Natural 

Resources Conservation Service 

(NRCS) to abide by certain conditions on any land owned or farmed 

that is highly erodible or that is 

considered a wetland. Producers 

participating in these programs 

and any person or entity considered to be an “affiliated person” of 

the producer, are subject to these 

conditions. The regulations covering the conditions are set forth in 

the Federal Register at 7 CFR Part 

12.

Definition of Highly Erodible 

Land 

Highly erodible land is cropland, 

hayland or pasture that can erode 

at excessive rates. It would contain 

soils that have an erodibility index 

of eight or more. If a producer has 

a field identified as highly erodible 

land, that producer is required to 

maintain a conservation system of 

practices that keeps erosion rates 

at a substantial reduction of soil 

loss. Fields that are determined not 

to be highly erodible land are not 

required to maintain a conservation system to reduce erosion. 

Definition of a Wetland 

A “wetland” is an area that:

1. Has a predominance of hydric 

soils (wet soils);

2. 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; 

3. Under normal circumstances 

supports a prevalence of such 

vegetation.

NRCS and FSA Determinations

When making determinations 

regarding highly erodible land and 

wetlands:

• NRCS makes technical determinations, such as determining whether land is highly 

erodible or determining if any 

exemptions apply to a wetland 

(such as prior converted); 

establishing conservation 

plans and systems for highly 

erodible land and; determining 

whether a wetland conversion has occurred or whether 

highly erodible land is being 

farmed in accordance with an 

approved conservation plan or 

system.

• FSA determines who is impacted by an NRCS technical 

determination of non-compliance, what penalties will be 

applied, and acts on requests 

for the application of an 

exemption, such as the good 

faith relief exemption.

Compliance with Highly 

Erodible Land Conservation 

and Wetland Conservation 

Provisions 

To be in compliance with the 

highly erodible land conservation 

and wetland conservation provisions, producers must agree, by 

certifying on 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. 

Producers planning to remove 

fence rows, convert woodlots to 

cropland, combine crop fields, 

divide a crop field into two or 

more fields, install new drainage, 

or improve or modify existing 

drainage, must notify the FSA and 

update Form AD-1026. FSA will 

notify NRCS and NRCS will then 

provide highly erodible land or 

wetland technical determinations. 

Highly Erodible Land and 

Wetland Identification 

FSA maintains official USDA 

records of highly erodible land 

and wetland determinations. The 

determinations are recorded both 

within the administrative FSA 

office’s geographic information 

system and automated farm and 

tract records. Producers may obtain aerial imagery of their farms 

and a printout of their farm and 

tract records from the FSA office 

administering their farm; however, 

it is important to know that determinations may not have included 

all of the producer’s land. If a 

producer is uncertain of the highly 

erodible land and wetland determinations for his/her land, 
FACT SHEET

HELC and WC Compliance April 2012

he/she should contact the FSA 

office administering his/her farm 

records for assistance. 

Non-Compliance with Highly 

Erodible Land Conservation 

and Wetland Conservation 

Requirements

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 

FSA and NRCS. 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.

A participant who violates highly 

erodible land or wetland conservation compliance provisions is 

determined 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 or years 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, 

unless the converted wetland is 

restored or mitigated before Jan. 1 

of the subsequent year. 

 

Regaining Eligibility for Benefits 

Lost Because of a Violation

Producers who were found to be in 

violation of highly erodible land 

conservation or wetland conservation compliance provisions, but 

did so 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 not to exceed 

one year. If good-faith relief is 

approved for a highly erodible 

land conservation violation, a 

graduated payment reduction is 

applied to the reinstated benefits. 

There are other exemptions that 

may apply in limited circumstances. 

 

Additional Information

To get additional information on 

highly erodible land conservation 

and wetland conservation compliance contact the FSA office or 

the NRCS office at a local USDA 

Service Center. Information about 

programs offered by FSA can be 

found online at www.fsa.usda.gov, 

and information on NRCS 

programs can be found at www.

nrcs.usda.gov.

 

The U.S. Department of Agriculture 

(USDA) prohibits discrimination in all 

of its programs and activities on the 

basis of race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

political beliefs, genetic information, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance program. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication 

of program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720-

2600 (voice and TDD). 

To file a complaint of discrimination, 

write to USDA, Assistant Secretary 

for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 

Independence Avenue, S.W., Stop 9410, 

Washington, DC 20250-9410, or call 

toll-free at (866) 632-9992 (English) or 

(800) 877-8339 (TDD) or (866) 377-

8642 (English Federal-relay) or (800) 

845-6136 (Spanish Federal-relay). 

USDA is an equal opportunity provider 

and employer.

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