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.

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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.

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.

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.

Quick facts

  • Typical fees: Varies by state and specific legal services.
  • Jurisdiction: Federal and state environmental regulations.
  • Possible penalties: Fines or restrictions on land use for non-compliance.

Key takeaways

Frequently asked questions

A farmed wetland is a wetland that was used for agriculture before December 23, 1985, and meets specific hydrologic criteria.