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USDA updates wetland determination guidance to increase consistency, timeliness

The U.S. Department of Agriculture is improving the process by which it makes wetland determinations, updating guidance to improve consistency and timeliness as well as to responding to feedback from farmers and other stakeholders. The updates do not change the definition of a wetland for USDA program participation purposes, but rather provide greater clarity and uniformity in how NRCS makes determinations nationwide.Updates to the conservation compliance provisions include:Identifying that determinations will rely on precipitation data from 1971-2000. Though data and average rainfall have varied over time, using this specific dataset makes determinations more predictable.Clarifying the certification status of previously completed wetland determinations, including those completed 1990-1996.Adding definitions for playas, potholes and pocosins. These terms are found in current policy, but they are added to the regulation for transparency.Clarifying that determinations do not have to cover the entire farm tract, but only the area of the farm on which a producer is planning to make changes.Establishing that NRCS can now assess offsite, impacts on neighboring wetlands when producers request minimal effects exemptions. For those neighboring wetlands, NRCS can now do the evaluations off-site using aerial photography and other resources.

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