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SE South Dakota | If you can prove that the waterway was cleaned out prior to 1985 the wetland is to be classifided as a prior coverted wetland and as such it is not a wetland at all. Than you can drain to your hearts content because the land is not a wetland. Go into the NRCS office and ask to look at the old aerial photos of the land in question and look for areas of the waterway that look straighten, this could indicate that the waterway was cleaned out. We have done this exact thing several times and have gotten areas that previously were classifided as wetland now they are PC's and the tile plow has done the work!
Also if any oldtimers remember the ditch ever being cleaned out and they tell the NRCS such, this has fixed a wetland to PC for us as well.
Good luck and don't take no for an answer, at least not right away!
Jim J | |
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