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5.3 Policy

Development, agriculture, and silviculture are regulated primarily by two Federal laws: the Food Security Act, Public Law 104-127) (FSA) and the Clean Water Act (CWA). The objective of the "Swampbuster" provision of the FSA is to discourage alteration of wetland hydrology, vegetation and soils to facilitate production of commodity crops (Strand 1997). FSA penalizes landowners who alter wetlands for this purpose by removing their eligibility for Federal subsidies. However, agricultural landowners may retain their eligibility for benefits by restoring, enhancing, or creating wetlands to compensate for lost wetland functions and values.

Development, agriculture and silviculture are also regulated under Section 404 of the CWA. Section 404 requires that anyone proposing to place fill material into waters of the United States, including wetlands, must obtain a permit from the U.S Army Corps of Engineers. In order to obtain a permit the "applicant" must show: (1) why the project cannot be located somewhere besides a wetland, (2) why the project will not adversely harm the wetland, and (3) what the applicant will do (if granted the permit) to offset the loss of wetland functions and values. Replacement of lost wetland functions and values is typically accomplished through "mitigation" -the restoration, enhancement, or creation of wetlands in another location. For a more in depth discussion of these laws see SOCIO-3.

Under Section 404 (f) of the CWA, normal silvicultural and agricultural activities, such as plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber and forest products, are exempt from the permitting requirements. However, these activities must be part of an ongoing agricultural or silvicultural operation and may not change a wetland to an upland. In addition, construction of forest roads is exempt under Section 404(f) as long as 15 Federally prescribed best management practices (BMPs) are implemented. The issues surrounding forest road construction, and the BMPs used to ameliorate water quality impacts of roads are discussed further in Chapter AQUA-4.