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Discing/planting wetlands. OH NO!!!

M

mb58

Member
If you rent a farm and you break it and plant it and you go to certify it and the FSA says, "By the way, a portion of what you planted was declared wetlands years ago.", who is responsible? The land owner? or the farmer? Any of y'all ever ran a-foul of the gubment over wetlands before?
 
I took on a new place a few years back and worked it all up,then found out one small corner was wetland on the FSA map. Nobody ever did anything about it. I don't know if they were supposed to or what the penalty should have been?
 
I believe you can farm a wetland as long as you do not tile or drain the wet land in some way.

Did they say you were in some form of violation or just that you were farming a wet land.

I farm several spots that are considered to be wet lands by the FSA.

Now as to who is responsible. The operator would be

When farming a new farm it is up to the operator to file a farm plan with the soil conservation office to avoid such things as tillage allowed on Highly Erodible Land or any other such things as may apply.

Gary
 
In New York State, if the land owner(lessor) wants to claim an agriculture exemption regarding property and school taxes, he/she must file the paperwork with the local assessor. A mandatory form is from the USDA soil and water district office that profiles the farm acreage, soil types, wetlands, etc..usually by individual fields...as exemption is based/valued on individual soil types. The USDA will also provide an aerial map identifying wet areas, water ways and wetlands. Additionally, it is only good farming practice to contact the soil and water district office and obtain the proper documentation...and and study the soils mapping before attempting to plow/fertilize/plant anyway. I do not know any farmer who doesn't use the USDA Soil & Water District office in this way around here.
 
If in doubt, refer to the National Food Security Act Manual, Sec 514 Sub Part A. "Subsequent owners and operators will not be in violation as long as the converted wetland is not planted to an agricultural commodity and the new owner or operator was not affiliated with the conversion action (7 CFR Section 12.4(g))." To go further, it is not a violation to farm a wetland if you did not manipulate the hydrology. If you can work a wetland with normal farming practices, that is acceptable. If you have to remove tree stumps, tile, ditch, etc then you are in violation.
 
If it has been determined farmable wetland and has been continuously farmed since 1986 (or 87,whatever year the regs came in) you can keep farming it but cannot drain it. If that land has been out of production for more than 5 consective years, then it is no longer considered farmable, and if you do try to farm it again, you will be penalized under the Swampbuster rules.
 
This is just taking a guess, but they started making Certified wetland determinations after July 3, 1996. If the old determination was made before that, it would be entirely possible that the second determination was made after that date, and as being a certified determination, overrode the old determination, even if it was in farmers favor.
 
(quoted from post at 16:52:20 08/12/14) In New York State, if the land owner(lessor) wants to claim an agriculture exemption regarding property and school taxes, he/she must file the paperwork with the local assessor. A mandatory form is from the USDA soil and water district office that profiles the farm acreage, soil types, wetlands, etc..usually by individual fields...as exemption is based/valued on individual soil types. The USDA will also provide an aerial map identifying wet areas, water ways and wetlands. Additionally, it is only good farming practice to contact the soil and water district office and obtain the proper documentation...and and study the soils mapping before attempting to plow/fertilize/plant anyway. I do not know any farmer who doesn't use the USDA Soil & Water District office in this way around here.
Click to expand...

Where in NY? I don't know a soul that does any of that in my part of NY.
 
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