USDA issues rule clarifying wetland determinations for farmers
Published 5:32 pm Saturday, August 1, 2026
CHAMPAIGN — The U.S. Department of Agriculture’s Natural Resources Conservation Service has published a rule aimed at giving farmers more certainty about wetland determinations that affect eligibility for federal farm programs, the agency announced.
The interim final rule ensures that most wetland determinations made since 1990 are considered certified, meaning producers can rely on them when making decisions about their land. Wetland determinations affect a farmer’s eligibility for several USDA programs, including farm loans, conservation assistance, crop insurance, and commodity programs.
“We want to empower farmers, ranchers and landowners to do what they do best — farm the land,” said Colton L. Buckley, chief of the Natural Resources Conservation Service. “Farmers’ direct relationship with the land makes them uniquely qualified to guide its stewardship, and we took action to provide regulatory certainty in order to make operational decisions.”
The agency said the rule addresses inconsistencies in how wetland determinations have historically been certified and is intended to align USDA policy with statutory requirements while reducing administrative burden. Under the rule, previously certified determinations cannot be reinterpreted or replaced unless a producer requests a review.
Specifically, the rule certifies all wetland determinations issued after Nov. 28, 1990, provided the producer was notified of the determination and given appeal rights at the time it was made. Under the rule, farmers can proceed with actions such as installing drainage or clearing land without risking their USDA program eligibility, so long as the certified determination shows the area in question is not a wetland under the Food Security Act of 1985’s wetland conservation provisions.
The Natural Resources Conservation Service has worked with farmers, ranchers, and forestland owners for more than 90 years, providing technical advice and financial assistance through voluntary conservation programs aimed at improving soil, water, air quality, and wildlife habitat.
