Freshwater Wetlands - Hydro-Environmental Analysis: Freshwater Environments - page 531

through a process known as water quality certiication. That is, before the Corps can issue a 404
permit, the state has to issue a Section 401 certiication.

19.6 SWAMPBUSTER PROVISIONS
Another major federal legislation impacting wetland protection is the FSA of 1985 and 1990 (the
Farm Bills), the wetland conservation (Swampbuster) provisions. Unlike the 404 permit, which
provides legal protection, this provision provides only economic incentives to protect wetlands. It
does not provide funds for those who protect wetlands; rather it withholds funds from those who
do not. That is, farm program beneits can be withheld from any person who plants an agricultural
commodity on a converted wetland that was converted by drainage, dredging, leveling, or any other
means after December 23, 1985, or converts a wetland for the purpose of or to make agricultural
commodity production possible after November 28, 1990.
The Swampbuster program is implemented by the USDA NRCS. While most normal agricultural
activities are exempt from 404 permit requirements, certiication is required to maintain eligibility
to USDA programs. Typically, a participant in a USDA program is required to obtain a “certiied
wetland determination” from the NRCS prior to planned activities in order to verify that those
activities do not impact USDA program eligibility.

Max ED limit
High marsh zone

Forebay

Micropool

Emergent
marsh zone

Pond buffer 10 m minimum

(a) Schematic design of a shallow marsh system
(adapted from Schueler, 1992)

Pond outlet
and
wetlands inlet

Wetlands outlet

Pond inlet

From
drainage
basin

Drainage
canal
Receiving
water

Detention
pond

Wetlands

(b) Movement of water through a detention pond-wetlands system
(Martin and Smoot, 1986)

FIGURE 19.13 (a,b) Design schematics for a stormwater wetland BMP. (From U.S. Federal Highway
Administration. Fact sheet—Wetlands and shallow marsh systems, Stormwater Best Management Practices
in an Ultra-Urban Setting: Selection and Monitoring . Available at: http://environment.fhwa.dot.gov/ecosys-
tems/ultraurb/index.asp.)