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Farmed Wetland: Key Legal Insights and Definitions
Definition & Meaning
A farmed wetland is a type of wetland that was actively used for agricultural production before December 23, 1985. To qualify as a farmed wetland, it must not have supported woody vegetation on that date and must meet specific hydrologic criteria. This includes being flooded for at least 15 consecutive days during the growing season or being saturated for a minimum of 14 consecutive days during that same period in most years.
Table of content
Legal Use & context
The term "farmed wetland" is primarily used in environmental law and agricultural regulations. It relates to conservation efforts aimed at protecting wetlands and managing land use in agriculture. Legal professionals may encounter this term in cases involving land use disputes, conservation compliance, and eligibility for certain agricultural programs. Users can manage related forms or procedures through resources like US Legal Forms, which provide templates drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A farmer has a field that was previously used to grow corn and was flooded for 20 consecutive days during the growing season in 2020. This field qualifies as a farmed wetland.
Example 2: A landowner has a ponded area that was used for rice cultivation before the cutoff date and meets the saturation criteria. This area is also classified as a farmed wetland.
Relevant laws & statutes
Farmed wetlands are governed by federal regulations, particularly under the Code of Federal Regulations (CFR), Title 7, Part 12, which outlines the conservation of highly erodible land and wetlands. Specific provisions detail the criteria for identifying and managing farmed wetlands.
State-by-state differences
State
Key Differences
California
Stricter regulations for wetland conservation and restoration.
Florida
Specific programs for wetland mitigation and preservation.
Texas
Different criteria for agricultural exemptions related to wetlands.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Wetland
Land that is saturated with water, either permanently or seasonally.
Farmed wetlands specifically refer to those used for agriculture before a certain date.
Highly Erodible Land
Land prone to significant soil erosion.
Focuses on erosion risk rather than wetland status or agricultural use.
Common misunderstandings
What to do if this term applies to you
If you believe your land may be classified as a farmed wetland, consider the following steps:
Review the hydrologic criteria to determine if your land qualifies.
Consult local agricultural or environmental agencies for guidance.
Explore US Legal Forms for templates related to land use and conservation.
If your situation is complex, seek advice from a legal professional.
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