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Wetland Compliance Reform: Stronger Appeal Rights and Protection for Farmers.

This Act reforms how the federal government (NRCS) determines and enforces wetland rules on agricultural land. The changes aim to make the compliance process fairer and more transparent for farmers by raising the burden of proof required for the government to allege a violation. Farmers gain stronger appeal rights, including compensation for legal fees if they successfully overturn a determination.
Key points
The government must prove wetland violations using a higher standard: "clear and convincing evidence."
Removing woody vegetation (brush, stumps) is explicitly not considered illegal wetland conversion for farming purposes.
Prohibits retroactive penalties if the land was not officially certified as a wetland at the time the farming activity occurred.
Farmers who successfully appeal a determination can be compensated for legal fees and are allowed to call agency technical staff as witnesses.
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Additional Information
Print number: 118_S_1078
Sponsor: Sen. Rounds, Mike [R-SD]
Process start date: 2023-03-30