Prior converted croplands
Under the Federal Food Safety Act, wetlands converted to agricultural lands and cultivated with a commodity crop prior to Dec. 23, 1985, are deemed "Prior Converted Cropland" (PCC). Conversion of a PCC wetland to a non-agricultural use requires state approval.
What are Prior Converted Croplands?
For the purpose of implementing the federal Clean Water Act, the term Prior Converted Croplands refers to wetlands that, prior to Dec. 23, 1985, were drained or otherwise manipulated for the purpose, or having the effect of making production of an agricultural commodity crop possible. The U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers will recognize designations of PCC made by the Secretary of Agriculture.
Farmland must meet all of the following criteria for it to be designated as Prior Converted Cropland:
- Cropped prior to Dec. 23, 1985, with an agricultural commodity (an annually tilled crop such as corn);
- The land was cleared, drained or otherwise manipulated to make it possible to plant a crop;
- The land has continued to be used for agricultural purposes (cropping, haying or grazing); and
- The land does not flood or pond for more than 14 days during the growing season.
Woodland, pasture, and hayland without a history of annual tillage and cropping do not qualify as Prior Converted Cropland.
Why are PCC wetlands subject to regulation?
In the past, wetlands that were drained and cultivated for agriculture were often exempt from federal regulation under the Clean Water Act. This was based on the belief that these wetlands had been so altered they no longer provided important wetland functions. In Washington, however, PCC wetlands perform many of the same important ecological functions as other wetlands, including:
- Recharging streams and aquifers
- Storing flood waters
- Filtering pollutants from water
- Providing wildlife habitat
In some cases, PCC wetlands have been significantly altered so they provide only minimal functions. However, in many cases, PCC wetlands provide important hydrologic functions and may provide significant wildlife habitat.
Conversions subject to local, state, & federal laws
While many PCC areas have been extensively manipulated and drained, and some may no longer be wetlands, a PCC might meet wetland criteria (refer to the federal delineation manual and regional supplements).
If the land changes to non-agricultural use a PCC wetland may be regulated under federal, state, or local laws. Landowners with PCC wetlands who intend to develop their land should contact the U.S. Army Corps of Engineers, speak with us, and connect with their city or county government to determine if the land meets the criteria for jurisdictional wetlands.
Conversion of a PCC wetland to non-agricultural use requires state and local approval.