The term “sodbusting” is used to identify the conversion of land from native vegetation to commodity crop production after Dec. 23, 1985.
As part of the conservation provisions of the Food Security Act of 1985, if you’re proposing to produce agricultural commodities (crops that require annual tillage including one pass planting operations) on land that has been determined highly erodible and that has no crop history prior to Dec. 23, 1985, that land must be farmed in accordance with a conservation plan or system that ensures no substantial increase in soil erosion. The term for that is sodbusting. If the land is a wetland, the term is swampbusting. Either way, it is not good.
Eligibility for many USDA programs requires compliance with a conservation plan or system on highly erodible land (HEL) and converted wetlands, used to produce agricultural commodities. This includes Farm Service Agency (FSA) commodity loans, disaster assistance, safety net assistance, price support and conservation programs; Natural Resources Conservation Service (NRCS) conservation programs; and Risk Management Agency (RMA) federal crop insurance. Everything USDA.
Before you clear or prepare areas not presently under production for crops that require annual tillage, you are required to file Form AD-1026, “Highly Erodible Land Conservation and Wetland Conservation Certification,” with FSA indicating the area to be brought into production. The notification will be referred to NRCS to determine if the field is considered highly erodible land or wetland.
If the field is considered HEL, you are required to implement a conservation plan or system that limits the erosion to the tolerable soil loss for the predominant HEL soil on those fields. If the field is a wetland, you will probably be required to mitigate.
In addition, prior to removing trees, clearing drainage ditches, or conducting any other land manipulations that may affect wetlands, (even land forming) remember to update form AD-1026, to ensure you remain in compliance with the wetland conservation provisions.
Prior to purchasing or leasing new farm acres, it is recommended that you check with your local USDA Service Center to ensure your activities will follow the highly erodible land and wetland conservation provisions. There is a lot at risk if you are found out of compliance with these USDA provisions.
For additional information on highly erodible land conservation and wetland conservation compliance, contact your local USDA Service Center.
