A prior converted wetland refers to an area that has been altered through drainage, dredging, filling, leveling, or other manipulations before December 23, 1985. These actions must have been taken to enable agricultural production that would not have been possible otherwise. Essentially, it is a wetland that has been modified to support farming activities.
This term is primarily used in environmental law and agricultural regulations. It is relevant in discussions about land use, conservation efforts, and compliance with federal programs such as the Emergency Wetlands Reserve Program. Understanding the classification of prior converted wetlands can help landowners and farmers navigate legal obligations and opportunities related to land management.
Here are a couple of examples of abatement:
Example 1: A farmer drained a wetland area in 1984 to create a field for growing corn. This area is considered a prior converted wetland because the alteration occurred before the cutoff date and was done to facilitate agricultural use.
Example 2: A property owner filled in a wetland to build a pasture for livestock in 1980. This land would also qualify as a prior converted wetland due to the timing and purpose of the modification.
Major statutes that reference prior converted wetlands include:
| State | Notes |
|---|---|
| California | Has specific regulations regarding wetland restoration and conservation. |
| Florida | State laws may require additional permits for activities involving prior converted wetlands. |
| Texas | Focuses on agricultural exemptions related to prior converted wetlands. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Wetland | Land that is saturated with water, either permanently or seasonally. | A prior converted wetland has been altered for agricultural use. |
| Natural Wetland | Wetlands that have not been significantly modified by human activity. | Prior converted wetlands are specifically altered for farming. |
If you believe your property includes a prior converted wetland, consider the following steps:
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| Attribute | Details |
|---|---|
| Definition | Wetlands altered for agricultural use before December 23, 1985. |
| Legal Reference | 7 CFR 623.2 |
| Key Date | December 23, 1985 |
It is a wetland that has been altered for agricultural purposes before December 23, 1985.