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If USDA has notified you of a possible Swampbuster violation, find out immediately whether the notice is a preliminary or final NRCS technical determination and follow the filing instructions in the notice. NRCS generally gives you 30 days from receipt to seek reconsideration of an adverse preliminary determination or to appeal a final one. The available routes include an NRCS review, an appeal to the FSA County Committee or USDA National Appeals Division (NAD), mediation, and—depending on the facts—requests involving minimal effects, mitigation, good-faith relief, or corrective action. These routes do different things; none guarantees that a finding or eligibility consequence will be removed.
What a Swampbuster violation means
“Swampbuster” is the common name for the wetland-conservation provisions of the Food Security Act. The provisions link eligibility for many USDA programs to wetland-related farming practices. The basic certification is an agreement not to plant an agricultural commodity on converted wetland or convert wetland to make agricultural production possible, as described by the Farm Service Agency (FSA).
A wetland finding is not the same as a highly erodible land (HEL) conservation finding. The HEL rule concerns producing an agricultural commodity on highly erodible land without an adequate conservation system. Check which issue your notice actually addresses before deciding how to respond.
FSA administers farm-program eligibility, while the Natural Resources Conservation Service (NRCS) makes technical wetland determinations. NRCS may issue a preliminary technical determination and map for review; both agencies’ roles can matter to the eventual eligibility outcome.
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Start by checking the notice and the deadline
- Record when you received the notice and whether it says “Preliminary Technical Determination” or “Final Technical Determination.”
- Note the deadline, required filing method, and office or agency named in the notice. NRCS’s general guidance describes 30-day periods, but the notice’s instructions and the details of your case matter.
- Keep the notice, map, envelope or delivery record, and any documents or photographs relevant to the land and the activity in question.
- Contact the issuing office promptly if you cannot tell which determination you received or where to file. Do not assume that asking questions or pursuing mediation pauses an appeal deadline.
Missing a review window can change which options remain available. If the matter could affect program eligibility, consider getting advice from an attorney experienced in USDA conservation-compliance or NAD matters; professional advice does not replace filing on time.
Compare the main options
| Option | When it may fit | What it does | Timing or caution |
|---|---|---|---|
| NRCS reconsideration or field review | You disagree with a preliminary technical determination. | Lets you explain the claimed error, provide supporting information, and participate in a possible field visit. | NRCS says to submit a written request within 30 days of receipt. Follow the notice’s instructions. |
| FSA County Committee appeal | You are challenging a final technical determination. | The committee holds a hearing. If it finds merit in the appeal, FSA requests a field and technical review from the NRCS State Conservationist. | NRCS says to submit a written request within 30 days of receipt. |
| NAD appeal | You are challenging a final technical determination through USDA’s appeals division. | A hearing officer considers testimony and documentary evidence and decides the appeal. | NRCS says to submit a written request within 30 days of receipt. Use the filing instructions in the notice. |
| Mediation | Facilitated discussion may help address a disagreement. | A neutral mediator helps the parties discuss the dispute; the mediator does not decide it. | State program availability and possible fees vary. Track any separate appeal deadline. |
| Minimal-effect request or mitigation | The issue involves a planned activity or potential wetland impacts. | NRCS may consider whether effects would be minimal or whether approved wetland creation, restoration, or enhancement is appropriate. | NRCS review and approval matter; mitigation is not an automatic erasure of a violation or its consequences. |
If the determination is preliminary, ask NRCS to reconsider
NRCS says an adverse preliminary technical determination generally becomes final after 30 days if it is not appealed. A written reconsideration or review request should explain why you believe the determination is inaccurate and include supporting documents when applicable.
The reconsideration process may include a field visit, where you can discuss the facts, provide information, and take part in additional review. If the finding remains adverse, NRCS says the State Conservationist reviews and issues the final determination.
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NRCS also describes an option to waive preliminary-determination appeal rights to expedite a final determination when a producer wants to address the issue on the ground, for example by pursuing mitigation. Waiving review rights can affect your procedural options, so do not treat it as a routine shortcut; understand the consequences for your case before making that choice.
If the determination is final, choose an appeal route
For a final technical determination, NRCS identifies two written appeal routes: the FSA County Committee or USDA’s National Appeals Division. The procedures differ, so use the route and filing method specified in your notice rather than assuming one is interchangeable with the other.
FSA County Committee
The County Committee holds a hearing. If it finds the appeal has merit, FSA seeks a field and technical review from the NRCS State Conservationist and provides the result. This route includes a committee hearing followed, when warranted, by that technical review.
National Appeals Division
NAD holds a hearing at which you may present testimony and documentary evidence. A NAD hearing officer decides the matter based on the hearing and evidence.
If the outcome is adverse, NRCS says FSA will process applicable program-eligibility requirements and inform the participant about possible Good Faith Exemption or corrective-action options. Whether either applies depends on the rules and the facts; neither should be assumed in advance.
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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 problemsUse mediation as a conversation, not a substitute for appeal
USDA’s Certified Mediation Program covers wetland determinations and disputes involving farm and conservation programs. A trained mediator facilitates discussion but has no authority to decide the case. FSA describes mediation as confidential; if it does not produce agreement, the parties remain free to pursue other available administrative appeals or legal action. Availability and possible fees vary by state.
NRCS notes that mediation may be more helpful for disagreements about program decisions than about technical determinations. It can be a way to communicate or explore settlement, but do not let mediation distract from a separate filing deadline.
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Minimal-effect determinations and mitigation
NRCS says a producer may request a minimal-effect determination if a planned activity would have minimal or insignificant effects on wetlands. If avoiding impacts is not possible, NRCS identifies mitigation options that may include wetland creation, restoration, or enhancement. Work may be on the farm, on another property, or through land held by a mitigation bank. NRCS review and approval are central; requesting mitigation does not itself establish approval or guarantee that an existing finding will disappear.
Farming and changes to wetlands
NRCS says that, in general, producers may farm wetlands subject to conservation provisions when conditions permit, but may not convert wetlands through actions such as drainage, filling low spots, or clearing woody vegetation. Drainage installed in or near a wetland before December 23, 1985 may be maintained only to its original scope and effect. Additional drainage that increases production or permits farming in additional years may be a potential violation.
Good-faith relief or corrective action
After a final adverse finding, FSA may inform you about a possible Good Faith Exemption or corrective action to regain eligibility. These are fact- and rule-dependent paths, not guaranteed outcomes. Ask the relevant office what process applies to your determination and what evidence it needs.
Check other wetland rules separately
USDA conservation compliance is distinct from possible Clean Water Act, state, or local requirements. NRCS advises contacting the local Army Corps of Engineers office to ask whether a Section 404 permit is needed when applicable, and checking with state or local agencies about their rules. A USDA decision does not by itself resolve those separate requirements.
Older determinations: a July 2026 interim rule
USDA’s interim rule, “Highly Erodible Land and Wetland Conservation,” document 2026-15284, 91 FR 47779, took effect July 29, 2026. It states that wetland determinations issued after November 28, 1990 are considered certified if the affected person was notified and given appeal rights. USDA said the change addresses inconsistent treatment of determinations, including some made between November 28, 1990 and July 3, 1996. The rule set September 28, 2026 as the deadline for comments.
Because this is an interim rule, someone relying on it for an older determination should verify its current rulemaking status and how NRCS applies it to that particular determination. Do not assume that every older wetland finding is certified without checking whether the rule’s conditions and the facts of the case are met.
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