Before draining, clearing, leveling, or otherwise changing potentially wet ground, ask your local USDA Natural Resources Conservation Service (NRCS) office for the wetland determination that applies to the land and proposed work. A general map or a field’s appearance cannot establish a parcel’s USDA status. For producers covered by USDA conservation-compliance rules, a wetland violation can affect eligibility for federal farm-program benefits.
What USDA Swampbuster is—and who it applies to
Swampbuster is the common name for the wetland-conservation provisions of the Food Security Act of 1985, as amended. It is a condition of participation in most Farm Service Agency (FSA) and NRCS programs for covered producers, not a general permit or purchase process imposed on every landowner. The rules can also apply to affiliated persons and entities.
As part of conservation compliance, a participant certifies on FSA Form AD-1026 that they will not produce an agricultural commodity on highly erodible land without an approved conservation system, plant an agricultural commodity on converted wetland, or convert wetland to make agricultural production possible. FSA describes the certification on its Conservation Compliance page; the governing rules are in 7 CFR Part 12.
Why wet ground alone does not answer the question
The regulation uses technical criteria and considers land history, the work performed, and its purpose or effect. A converted wetland generally is wetland that has been drained, dredged, filled, leveled, or otherwise manipulated—including through removal of woody vegetation or an action that impairs or reduces water flow and circulation—to make agricultural commodity production possible when it otherwise would not have been possible.
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchThat is not the same as saying every wet area is regulated wetland, or that every action near wet ground is a conversion. The rules separately define prior-converted cropland and other categories, with their own land-history criteria. The relevant historical dates include December 23, 1985, for specified wetland and prior-converted-land provisions, and November 28, 1990, for specified conversion consequences. Which provision applies depends on the parcel’s facts and legal classification; a visual inspection or online map cannot settle that.
How a violation can affect USDA benefits
Two actions matter in particular: planting an agricultural commodity on converted wetland, and converting wetland to make agricultural production possible. Depending on the applicable legal category, planting on converted wetland can affect benefits for the crop year involved. A person found ineligible because of a conversion may lose all or part of specified USDA benefits for the violation year and later crop years until restoration or qualifying mitigation is completed.
The affected benefits and duration depend on the facts and the regulation. USDA rules provide for certain reductions based on seriousness and describe good-faith relief pathways, but those require agency findings and, where applicable, timely implementation of an approved mitigation plan. Relief is not automatic, and producers should not assume that a planned remedy will preserve eligibility.
What to do before changing potentially wet land
- Contact NRCS before work begins. Explain the proposed drainage improvement, clearing, leveling, or other activity and ask for the determination appropriate to that action. FSA advises participants to check with NRCS before field work that could jeopardize eligibility.
- Check your certification with FSA. If you participate in covered programs, complete or update the applicable AD-1026 certification through FSA. Ask the office if you are unsure which persons or entities connected to your operation need to be covered.
- Keep the record together. Save certified determinations, maps or delineations, agency correspondence, land-history records, and project plans. This is a practical way to document what you asked and what USDA determined; it is not a separate regulatory product requirement.
- Ask about alternatives before acting. If the proposed work could affect a wetland, ask NRCS whether a minimal-effect determination or an approved mitigation plan is available under the regulation. Mitigation must meet regulatory conditions and address lost wetland values, acreage, and functions. Additional actions affecting a minimal-effect determination must be reported for review.
If you disagree with a determination
The regulation provides notice and an opportunity to appeal before a determination becomes final. The appeal process involves NRCS review and an on-site investigation. Follow the notice’s instructions and deadlines, and keep copies of what you submit. Informal advice or a screenshot from a general map is not a substitute for a certified determination.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsFSA also describes protection for certain actions taken in reliance on a previous certified NRCS wetland determination, and a possible route to seek relief when an action followed an incorrect NRCS technical determination. Both depend on regulatory conditions. USDA-certified mediation may also cover wetland-determination and conservation-program disputes; ask FSA or your state’s certified mediation program about local availability and procedure.
Restoration, mitigation, and the Farmable Wetlands Program
Regulatory mitigation and voluntary enrollment in the Farmable Wetlands Program (FWP) are different options. Mitigation is a regulatory remedy that must be approved by NRCS and satisfy the applicable requirements. FWP is part of the Conservation Reserve Program (CRP) and is intended to restore farmable wetlands; it is not a substitute for a required determination or an approved mitigation plan.
FSA’s FWP page, accessed October 8, 2026, describes annual rental payments and cost-share assistance for approved practices. It states that contracts typically last 10 to 15 years and that cost-share assistance can cover up to 50% of approved practice establishment costs. These are program-page terms, not a guarantee of an offer or payment for a particular parcel; eligibility, enrollment windows, and current details should be confirmed with the local FSA office.
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Before committing to field work, get clear answers to these questions from the relevant USDA offices:
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- Is there a current certified NRCS determination for this land, and does it address the proposed action?
- Could the work alter drainage, woody vegetation, or water flow and circulation?
- What do the parcel’s conversion, crop, and land-use history mean under the applicable historical dates and definitions?
- Has NRCS determined that the action has minimal effect or approved mitigation, if either route is being considered?
- Which specific USDA program benefits could be affected if the action is treated as a violation?
For current rules and case-specific guidance, consult the current text of 7 CFR Part 12, NRCS, and FSA. FSA’s handbook listing identifies 6-CP Revision 4, Highly Erodible Land Conservation and Wetland Conservation Provisions, as last updated October 10, 2024; regulations, forms, and program terms can change.
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