Section 105.452. Status of prior converted cropland—statement of policy

(a) This section sets forth the policy of the Department as to the status of prior converted cropland in this Commonwealth.

(b) The use of some procedure for determining wetlands is necessary in order to administer, implement, enforce and determine compliance with the act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31), the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20), the Oil and Gas Act (58 P. S. § § 601.101—601.605) and other applicable statutes administered by the Department and regulations promulgated under these statutes.

(c) Naturally occurring events may result in either creation or alteration of wetlands. It is necessary to determine whether alterations to an area have resulted in changes that are now ‘‘normal circumstances’’ of the particular area. The Department recognizes ‘‘prior converted cropland,’’ as defined in the National Food Security Act Manual (180-V-NFSAM, Third Edition, March 1994), as ‘‘normal circumstances’’ as the term is used in the definition of wetlands in § 105.1 (relating to definitions). These prior converted croplands are not regulated as wetlands under the Commonwealth’s Wetland Protection Program contained in this chapter. Prior converted cropland is defined in the National Food Security Act Manual, as wetlands that were drained, dredged, filled, leveled or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, and have not been abandoned, for the purpose of, or to have the effect of making the production of an agricultural commodity possible, and an agricultural commodity was planted or produced at least once prior to December 23, 1985.

(1) Abandonment is the cessation of cropping, forage production or management on prior converted cropland for 5 consecutive years, so that:

(i) Wetland criteria are met.

(ii) The area has not been enrolled in a conservation set-aside program.

(iii) The area was not enrolled in a State or Federal wetland restoration program other than the Wetland Reserve Program.

(2) Prior converted cropland may also be considered abandoned if the landowner provides written intent to abandon the area and wetland criteria are met.

(d) This policy change does not affect the exemption for plowing, cultivating, seeding and harvesting for the production of food, fiber and forest products or the waiver for maintenance of field drainage systems found at § 105.12(a)(7) and (8) (relating to waiver of permit requirements).

The provisions of this § 105.452 adopted February 2, 1996, effective February 3, 1996, 26 Pa.B. 494.