| Aquaculture Development Permits for Wetland Areas | |
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| A variety of permits may be required for aquaculture facilities in both freshwater and marine areas to prevent negative environmental impacts or navigational problems. The legal responsibility to oversee the ; alteration of wetlands, including agricultural and aquacultural activities that occur in these areas, has been given to the U.S. Army Corps of Engineers and the USDA Soil Conservation Service. The Corps of Engineers regulates the alteration of wetlands according to section 404 of the Clean Water Act and according to Section 10 of the Rivers and Harbors Act. The Soil Conservation Service; makes wetland determinations for agricultural producers who wish to receive certain USDA benefits as set forth in the Swampbuster provisions of the 1985 Food Security Act. | |
| Wetlands Defined | |
| Wetlands that were hydrologically altered and/or had water loving trees removed prior to December 23, 1985 to allow for the production of annual crops are defined as either Prior Converted Cropland or Farmed Wetland under the Food Security Act. The average duration of flooding or ponding is less than 15 days on Prior Converted Cropland, and more than 15 days on Farmed Wetland. Areas that have not been planted with an arousal agricultural crop a minimum of once every 5 years, or that have reverted back to wet soils and wetland vegetation, are considered abandoned from cropping for purposes of the Food Security Act. These areas are then re-classified as wetlands. | |
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| Farmed wetlands and many Prior Converted wetlands, which retain wetland characteristics, are always subject to Section 404 regulations regardless of USDA classification. Prior Converted Cropland will be considered abandoned if used for 5 consecutive years or more for the production of hay, turf, cranberries, ornamental shrubs, Christmas trees, blueberries, pasture, and apples and other trees that are not agricultural commodities. Lands used for aquaculture are exempt from the Food Security Act as long as they are used continually for aquaculture. | |
| Drainage Facilities | |
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The maintenance and installation of additional drainage facilities on Prior Converted Cropland is permitted under the Food R Security Act without loss of USDA benefits. On Farmed Wetlands, you can maintain the degree of drainage present prior to December 23, 2985 without loss of USDA benefits. Contact the local office of the Soil Conservation Service prior to maintaining any drainage facilities. The Corps of Engineers makes the ultimate determination of Prior Converted Cropland for the purposes of Section 404 of the Clean Water Act. Any change of land use on a wetland will require a re-evaluation of the wetland status of the area by the Corps. If the area is identified as a true wetland, Section 404 permits will be required for new activities. If you propose aquaculture development for any area that may be considered a wetland, contact both the Soil Conservation Service and the Army Corps of Engineers. The following Federal agency contacts have wetland jurisdiction. |
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Ivan Lines or Jamie Hartley |
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By Steve Harbell, B.S., M.S., Washington State University Cooperative Extension Area Marine Resources Agent, and Ivan Lines, BA, U.S. Soil Conservation Service State Biologist. Issued by Washington State Cooperative Extension and the U. S. Department of Agriculture in furtherance of the Acts of May 8 and June 30,1914. Cooperative Extension programs and policies are consistent with federal and state laws and regulations on nondiscrimination regarding race, color, gender, national origin, religion, age, disability, and sexual orientation. Evidence of noncompliance may be reported through your local Cooperative Extension office. Trade names have been used to simplify information; no endorsement is intended. Published July 1991. A EB1620 |
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