Activities that may affect a wetlands area may require a permit under Section 404 of the Clean Water Act and they may be subject to the wetlands conservation provisions of the 1996 Farm Bill.

Activities that may affect wetlands include, but are not limited to: filling, excavating, dredging, draining, clearing, cultivating, discharging water, and diverting water.


Do you anticipate financial assistance from the USDA or are you planning to participate in any USDA programs? Is the planned activity on agricultural land?
Has the NRCS provided you with a formal, or certified wetlands delineation? (Contact your local NRCS office for a wetlands delineation as needed.) Do you have a certified wetlands delineation? (Contact the Army Corps of Engineers for a wetlands delineation as needed.)
Is the area prior converted (PC) cropland or non-wetland (NW)?

The planned activity may require a permit under Section 404 of the Clean Water Act. (Note that many normal farming activities are exempt. Contact the Army Corps of Engineers to verify exemptions.)

Also consult with your local NRCS representative to assure compliance with wetlands conservation provisions of the 1996 Farm Bill.

The activity does not require a permit under the Clean Water Act and is not subject to wetlands conservation provisions of the 1996 Farm Bill.

* Agricultural lands are lands intensively used and managed for the production of food or fiber to the extent that the natural vegetation has been removed and cannot be used to determine whether the area meets the vegetation criteria for wetlands delineation.


Exempt Activities

Some examples of activites that may be exempt are: