Farmed Wetland Law and Legal Definition

According to 7 CFR 12.2 [Title 7-Agriculture; Subtitle A -- Office of the Secretary of Agriculture; Part 12 -- Highly Erodible Land and Wetland Conservation; Subpart A -- General Provisions], farmed wetland is "a wetland that prior to December 23, 1985, was manipulated and used to produce an agricultural commodity, and on December 23, 1985, did not support woody vegetation and met the following hydrologic criteria:

(i) Is inundated for 15 consecutive days or more during the growing season or 10 percent of the growing season, whichever is less, in most years (50 percent chance or more), or

(ii) If a pothole, playa, or pocosion, is ponded for 7 or more consecutive days during the growing season in most years (50 percent chance of more) or is saturated for 14 or more consecutive days during the growing season in most years (50 percent chance or more)."