[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR12.32]

[Page 371]
 
                          TITLE 7--AGRICULTURE
 
PART 12_HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION--Table of Contents
 
                     Subpart C_Wetland Conservation
 
Sec. 12.32  Converted wetland identification criteria.

    (a) Converted wetland shall be identified by determining whether the 
wetland was altered so as to meet the definition of converted wetland. 
In making this determination, the following factors are to be 
considered:
    (1) Where hydric soils have been used for production of an 
agricultural commodity and the effect of the drainage or other altering 
activity is not clearly discernible, NRCS will compare the site with 
other sites containing the same hydric soils in a natural condition to 
determine if the hydric soils can or cannot be used to produce an 
agricultural commodity under natural conditions. If the soil on the 
comparison site could not produce an agricultural commodity under 
natural conditions, the subject wetland will be considered to be 
converted wetland.
    (2) Where woody hydrophytic vegetation has been removed from hydric 
soils for the purpose of or permitting the production of an agricultural 
commodity, the area will be considered to be converted wetland.
    (b) A wetland shall not be considered to be converted if:
    (1) Production of an agricultural commodity on such land is possible 
as a result of a natural condition, such as drought, and it is 
determined that the actions of the person producing such agricultural 
commodity does not permanently alter or destroy natural wetland 
characteristics. Destruction of herbaceous hydrophytic vegetation (i.e., 
plants other than woody shrubs or trees) as a result of the production 
of an agricultural commodity shall not be considered as altering or 
destroying natural wetland characteristic if such vegetation could 
return following cessation of the natural condition which made 
production of the agricultural commodity possible; or
    (2) Such land is correctly identified as farmed wetland or farmed-
wetland pasture.