Menard County Soil &Water Conservation District

Conservation Compliance for both Highly Erodible Land and Wetlands is required for your farm to remain eligible for USDA program benefits.  Can you easily answer the following questions?

1. Do you have up to date conservation plans on all HEL fields in your operation and are they being followed?

2. Have you added new tracts to your farming operation and possibly forgotten to get an updated plan for these acres?

3. If you farm with other family members or an entity, is someone designated to manage the requirements of conservation compliance for the operation to ensure eligibility?

4. Do you review conservation plans annually (especially prior to conducting any tillage operations) as a reminder of which fields are subject to conservation compliance?

5. Do you know how to manage residue and tillage operations to meet the requirements of your conservation plans?

6. Do you report any activities such as tiling, dredging, filling, ditching, or clearing (which may impact wetlands) to the local USDA office for review, prior to starting these actions?

7. Do you notify your USDA office when you have brought additional acres into production (sodbusting)?

Below are some common questions regarding compliance.  They may assist you in answering the questions above, but if you still have concerns, please call the office at 217/632-7590 ext. 3 for more information.

HEL Compliance                                                                  

Is conservation system application required on HEL ground?

Yes, if the land is used to produce annually tilled agricultural commodity crops.  Responsibility rests with both landowners and operators to implement an appropriate conservation system or forfeit USDA program benefits.  Conservation systems are specific to each HEL tract on a farm.

What is the most common mistake made by operators out of compliance?

Working soybean ground is the most common mistake that results in noncompliance.  Working soybean ground even lightly can cause your operation to be out of compliance, as many conservation systems require no-till or strip-till on soybean stubble.

Keep a few things in mind about tillage.

Using aerators or rotary harrows on fields scheduled for no-till may result in noncompliance.  Strip tillage with less than 25% row disturbance is equivalent to no-till.  In a no-till system, if ruts occur due to wet conditions at harvest, light tillage to level the site is acceptable, but only on the affected area.  Producers should contact their NRCS office before performing tillage.

What about fertilizer applications?

Consider your conservation system when applying fertilizer.  Keep in mind that required residue levels must remain after planting.  An occasional, very light discing to incorporate lime is only allowed on HEL fields with corn stalk residue.

What if I want to update my conservation system?

Updates to your conservation system are YOUR responsiblity.  While you do not need approval to change your conservation system, you must achieve a substantial reduction in soil erosion that is either equivalent to or greater than the level of protection of your current system.  If you have questions or want to make changes to your conservation plan, contact your local NRCS office.

Wetland Compliance

What is a wetland?

A wetland is an area of predominantly hydric soil that, under normal circumstances, supports a prevalence of water-loving plants such as cattails, willows, sedges and rushes indicative of land with wetland hydrology.  A Prior Converted Cropland is a wetland that was converted from non-agricultural use to cropland before 12/23/85 and, as of 12/23/85, was capable of producing an agricultural commodity.  Prior Converted Cropland does not have any wetland restrictions as long as it remains cropland.  Prior Converted Cropland may have wetland hydrology but is not wet enough to meet Farmed Wetland criteria.  A Farmed Wetland is a wetland that was partially drained or altered to allow crop production prior to 12/23/85 but that retained a certain level of wetland hydrology.  You may continue to crop Farmed Wetlands as you did before 12/23/85.  However, alterations or drainage improvements made after 12/23/85 will impact compliance.  Converted Wetlands include both wetlands and Farmed Wetlands that were drained, cleared or altered after 12/23/85 to make agricultural production possible or to benefit agricultural production.  Converting wetlands or farming a Converted Wetland impacts USDA compliance and program eligibility.

Do I have a wetland, Prior Converted Cropland, or Farmed Wetland?

Refer to your Certified Wetland Determination, which you may request through your local NRCS office if you plan to bring more land into production or increase drainage on your cropland.

How can I stay in compliance?

Communicate with NRCS.  In most cases, you will farm as you always have, as long as you do not make crop production possible in a wetland, increase drainage on Farmed Wetlands, or add fill to any wetland.

What can I do if I need to work on or in a wetland or Farmed Wetland?

Contact NRCS for options to avoid wetland losses and stay in compliance.

Does USDA compliance cover all requirements of Section 404 of the Clean Water Act?

No.  The US Army Corps of Engineers must still be consulted before working on or in a wetland.

Is Your Farming System in Compliance?