USDA finalizes rule to certify historic wetland maps for farmers

The U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) issued an interim final rule that treats most wetland determinations made after Nov. 28, 1990 as certified. The rule also extends certification to maps created between 1990 and 1996 when producers were notified of the determination and given appeal rights. By confirming the status of these determinations, the agency aims to give farmers, ranchers and landowners certainty for land‑alteration decisions and continued eligibility for USDA programs such as loans, crop‑insurance and conservation payments.

NRCS Chief Colton L. Buckley said, “We want to empower farmers, ranchers and landowners to do what they do best – farm the land.” The rule addresses past inconsistencies, reduces administrative burden, and responds to a federal court decision that found earlier USDA guidance insufficiently explained. It also protects producers’ reliance interests by preventing reinterpretation of certified determinations unless a producer requests a review.