Both conditions must be met in order for the activity to be considered nonexempt. In general, any discharge of dredged or fill material associated with an activity that converts a wetland to upland is not exempt, and requires a Section 404 permit. Examples Activities that bring a wetland into farm production where the wetland has not previously been used for farming are not considered part of an established operation, and therefore require a permit. Introduction of a new cultivation technique such as discing between crop rows for weed control may be a new farming activity, but because the farm operation is ongoing, the activity is exempt from permit requirements under Section 404. Planting different crops as part of an established rotation, such as soybeans to rice, is exempt.
Discharges associated with ongoing rotations of rice and crawfish production are also exempt.
To find out whether specific activities are exempt, contact your local Corps or EPA office.