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Breaking land or altering wetlands?

South Dakota

South Dakota farmers are urged to talk with conservation officials before draining any wet areas or bringing new land into production. State Resource Conservationist Shaun Vickers with the Natural Resources Conservation Service, Huron, says farmers are under tremendous economic pressure to produce crops.

As they prepare for and complete harvest this fall, farmers should be cautious with draining, altering or filling wetlands in their fields, says Vickers, since their eligibility for USDA farm program benefits could be at stake.

If you have a wet area which you're considering altering, come in and talk to the NRCS staff. "We can do a wetland determination to know if that area is a wetland or not and keep you out of trouble," says Vickers. "The ramifications of altering wetlands can be significant in terms of the potential for losing USDA financial assistance and also in the amount of time that it takes to resolve unapproved alterations."

Since the 1985 farm bill was passed, there have been provisions in place to protect our nation's wetlands and highly erodible cropland. Farming a wetland under natural conditions is not a violation. However, Vickers explains, "Draining, altering or filling a wetland for the purpose of making production of an agricultural commodity possible causes the farmer to become ineligible for USDA program benefits." Vickers says, "Producers need to understand that USDA program ineligibility remains with the person even if the person is no longer associated with the land. "It is better to find out where your USDA defined wetlands are located and the consequences of altering them so as to avoid headaches later."

Some maintenance activities are allowed; however, producers should be careful to make sure the extent of the original manipulation is not exceeded. "The best thing to do is check with your local NRCS office before taking action around wetlands," says Vickers. While there, ask the staff about voluntary conservation programs that include financial assistance as an alternative to farming wetlands which helps minimize the impact these wet areas have on farming operations.

"With Highly Erodible Land," says Vickers, "Producers who are thinking about breaking out areas of grass that may not have been farmed before should check with NRCS beforehand to determine if that land is highly erodible or not and if it needs a conservation plan."

Vickers says the NRCS staff wants to keep their customers out of trouble by avoiding problems with the 1985 farm bill's swampbuster and sodbuster provisions. NRCS wants to help producers avoid unintended violations with drainage or groundbreaking practices. "Most farmers know if they have a wetland in their fields. But if they've taken on any new land this year, they may not be sure what ties are on that land. If there's any doubt whether an area can be drained or broken out for farming, just come in and talk with the local NRCS staff."

Vickers says producers shouldn't wait to begin a dialogue with conservation staff. Some eastern South Dakota counties have a backlog of hundreds wetland determination requests, so the earlier communication begins, the better.


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