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  • May 18, 2026

How to Fill Out USDA Form AD-1026 (w/Examples) + FAQs

Filling out USDA Form AD-1026 means certifying to the U.S. Department of Agriculture that you, as a farmer or landowner, have not produced an agricultural commodity on highly erodible land without an approved conservation plan and have not drained a wetland to plant a crop. This single page form is the gateway to nearly every federal farm benefit, from price support payments to federally reinsured crop insurance premium subsidies.

Roughly 1.9 million farms operate in the United States, and the USDA reports that more than 900,000 producers file conservation compliance paperwork like AD-1026 each program year. Missing one box on this form can cost you tens of thousands of dollars in lost benefits, so understanding every line item, every signature block, and every consequence matters before you sign.

What USDA Form AD-1026 Actually Is

Form AD-1026, titled Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification, is the certification document every USDA program participant must sign under the authority of the Food Security Act of 1985. The form binds you to two conservation promises tied to your land. The first promise says you will not plant an agricultural commodity on highly erodible cropland without following an NRCS-approved conservation plan. The second promise says you will not drain, fill, level, or otherwise manipulate a wetland to make crop production possible.

The form covers every farm and tract in which you have an interest, not just the land you actively farm this year. That phrase interest in matters because it sweeps in landlords, tenants, partners, shareholders in farming corporations, and members of farming LLCs. Many new producers assume the form only covers the field they planted last spring. The consequence of that misconception is harsh, because failure to disclose a single tract can void your eligibility across every USDA program you participate in.

The form is administered by the Farm Service Agency (FSA) at your local county office, but the underlying conservation determinations come from the Natural Resources Conservation Service (NRCS). FSA collects the signature. NRCS decides whether your land contains highly erodible soils or wetlands. Both agencies operate under the umbrella of the USDA Farm Production and Conservation mission area.

Why the Form Exists

Congress passed the conservation compliance provisions in 1985 because farm subsidies were inadvertently encouraging farmers to plow up fragile prairie soils and drain prairie pothole wetlands. The Food Security Act tied federal payments to a behavior change, telling producers that if they wanted taxpayer support, they had to protect taxpayer interests in soil and water. The consequence of ignoring this trade-off is total loss of program benefits for the crop year in which the violation occurred.

A common misconception is that conservation compliance is optional or only matters for big farms. In reality, even a hobby farmer who buys a single CRP-eligible parcel must sign AD-1026 before collecting any payment. The 2014 Farm Bill extended these compliance rules to federal crop insurance premium subsidies, so even a producer who only buys insurance now needs an active AD-1026 on file.

Who Must Sign

Every individual or entity seeking USDA benefits signs the form. That list includes operators, owners, tenants, sharecroppers, and any entity members who hold a beneficial interest in the farm. The FSA Handbook 6-CP lists the categories in detail. If a tract has three landlords and one tenant, all four parties typically need to file their own AD-1026 covering that tract.

Federal Authority and Legal Framework

The federal foundation for AD-1026 sits in 7 CFR Part 12, the conservation compliance regulations. Part 12 defines what counts as highly erodible land, what counts as a wetland, what counts as a conversion, and what counts as a producible commodity. The NRCS National Food Security Act Manual (NFSAM) interprets Part 12 for field staff and serves as the operational playbook for technical determinations.

The penalty structure is severe. A producer found in violation of HELC or WC loses eligibility for farm program payments, federal crop insurance premium subsidies, farm storage facility loans, marketing assistance loans, and most NRCS conservation cost-share programs. The consequence applies for the entire crop year of the violation and continues until the producer restores the wetland or fully implements the conservation plan. A real-world example involves a Nebraska producer named Tom who tiled a small prairie pothole on a 160-acre quarter section, lost $84,000 in ARC-CO payments, and spent three years restoring the wetland before his benefits returned.

A common misconception is that the penalty is just a fine. In truth, there is no monetary fine. The punishment is the withdrawal of benefits, which often costs far more than any civil penalty would. The Government Accountability Office has documented compliance enforcement gaps, but enforcement remains active enough that violations are routinely discovered through satellite imagery and aerial spot checks.

Highly Erodible Land Conservation (HELC)

Highly erodible land, or HEL, is cropland with an erodibility index of eight or greater as calculated by NRCS soil scientists. The plain-English meaning is that this soil washes or blows away faster than nature can rebuild it. The consequence of farming HEL without a plan is loss of all USDA benefits.

A scenario helps. Maria inherits 80 acres of rolling Iowa cropland classified as HEL. To stay eligible, she must follow an NRCS conservation plan that may require contour farming, terraces, grassed waterways, or cover crops. A common misconception is that no-till alone satisfies the rule. In some soils it does, but the conservation plan, not the practice, is the legal trigger.

Wetland Conservation (Swampbuster)

The Swampbuster provision bars producers from planting an agricultural commodity on a wetland converted after December 23, 1985, and bars converting a wetland after November 28, 1990, to make commodity production possible. The plain-English meaning is that you cannot drain, fill, or dig out a wet area to plant corn or soybeans and still keep federal benefits. The consequence is full loss of benefits for the year of conversion and every year thereafter until restoration.

James, a South Dakota producer, learned this lesson when he dug a deeper outlet on a wet spot and planted corn. NRCS determined the area was a converted wetland under 7 CFR 12.5. He lost $46,000 in crop insurance premium subsidies that year. A common misconception is that small wet spots under one acre do not count. In fact, even a 0.1-acre prairie pothole can trigger a Swampbuster violation if it meets the three wetland criteria.

Where and When to Get AD-1026

You get the current form at your local USDA Service Center, through the eForms portal, or as a direct PDF from the FSA forms library. You file before participating in any new USDA program and refile any time your farming situation changes. Triggering events include adding new land, dropping land, gaining a new tenant, removing a tenant, forming a new entity, or planning any drainage, land clearing, or earth-moving activity.

The timing rule that catches producers off guard is the planned conversion trigger. If you plan to clear trees, drain a wet spot, fill in a low area, or dig a new ditch, you must check the affirmative box on AD-1026 before the activity begins, not after. The consequence of doing the work first and asking later is a presumptive violation, because NRCS cannot rule on whether the area is a wetland once the disturbance has destroyed the evidence.

A common misconception is that AD-1026 must be refiled every year. In most cases the form stays on file indefinitely and only needs a new signature when your situation changes. The FSA county office will prompt you when a refile is required.

Line-by-Line Walkthrough of AD-1026

Form AD-1026 has a small number of items, but each line carries weight. The current revision is the 2020 version (AD-1026 200211V03), and many producers also encounter the continuation sheet AD-1026A when listing multiple tracts.

Item 1: Producer Name

You enter the legal name of the producer, owner, or entity exactly as it appears on your other USDA records. The plain-English meaning is that the FSA database matches names character by character, so John Q. Smith and John Quincy Smith may be treated as different people. The consequence of a mismatch is processing delay and possible double counting under payment limitations.

A common misconception is that a nickname or DBA is fine. The form requires the legal name on file at your FSA county office. If you farm as an LLC, the LLC name goes here, not the member’s name.

Item 2: Tax Identification Number

You enter the producer’s Social Security Number or Employer Identification Number. The plain-English meaning is that USDA uses this number to link your conservation certification to your payment records. The consequence of an incorrect TIN is rejection of program payments and a potential 1099 mismatch with the IRS.

A real example involves Sarah, who recently inherited her father’s farm and accidentally used her father’s deceased SSN on the AD-1026. The form sat in error status for six months and delayed her CRP rental payment. Always double-check this number against your most recent CCC-902 farm operating plan.

Item 3: Farm Numbers

You list every FSA farm number in which you have an interest. The plain-English meaning is that every parcel enrolled with FSA carries a unique farm number tied to a tract number and field numbers. The consequence of omitting a farm is that the certification does not extend to that ground, creating a compliance gap that can cancel your benefits.

If you have more than the space provided, you use Form AD-1026A to continue. A common misconception is that you only list farms you actively farm. You also list farms you own and lease to someone else if you receive any USDA benefit on that ground.

Item 4: Activity Questions (4A through 4F)

This is the heart of the form. Each subitem asks whether you have planned or completed certain land-disturbing activities. You answer yes or no for each. The plain-English meaning is that any yes answer triggers an NRCS review before you proceed. The consequence of answering no when the truthful answer is yes is a false certification, which can lead to program ineligibility and potential referral to the USDA Office of Inspector General.

  • Item 4A asks about planned drainage, dredging, filling, leveling, or other manipulation of a wetland, wet area, or playa. A yes answer routes the form to NRCS for a wetland determination.
  • Item 4B asks about planting an agricultural commodity on land where trees have been removed. A yes answer triggers an HEL determination on newly cleared ground.
  • Item 4C asks whether you plan to convert any wet area for the purpose of, or to make possible, the production of an agricultural commodity. A yes answer is the classic Swampbuster trigger.
  • Item 4D asks whether you plan to conduct any activities on land that, if a wetland, may be a violation. A yes answer is a catch-all that routes the form for NRCS review.
  • Item 4E asks about land that has not been used for agricultural production in the past, often called native sod or virgin ground. A yes answer triggers the Sodsaver provision in eligible Prairie Pothole Region states.
  • Item 4F asks whether you are aware of any other person who may be planning these activities on land in which you have an interest.

Item 5: Affiliations

You list any entity, joint venture, partnership, trust, or estate in which you hold a substantial beneficial interest. The plain-English meaning is that compliance follows the person, not just the farm. The consequence of failing to disclose an affiliation is that a violation by one entity can spread to all your other entities under the affiliated person rule.

A common misconception is that minority interests do not matter. Under 7 CFR 1400, any interest that gives you a share of profits or losses must be disclosed.

Item 6: Certification Statement and Signature

You sign and date the certification, attesting under penalty of federal law that the answers are true. The plain-English meaning is that you are making a sworn statement to the federal government. The consequence of a false certification can include criminal penalties under 18 U.S.C. § 1001, which carries up to five years in prison.

David, a Kansas farmer, signed AD-1026 stating he had no planned drainage activity, then installed pattern tile on a wet area later that summer. The discrepancy surfaced during a spot check, his benefits were revoked for two crop years, and he repaid $112,000 in prior payments. A common misconception is that a verbal disclosure to the county office substitutes for the written certification. It does not.

Items 7 through 12: FSA County Office Use

These boxes are completed by FSA staff and capture county office processing, NRCS referral dates, determination outcomes, and any HELC or WC violations attached to your record. You do not fill these in, but you should review the boxes when the form is returned to verify the county office captured your certification correctly.

Three Real-World Scenarios

The fastest way to understand AD-1026 is to walk through three common producer situations. Each table shows the producer’s action and the regulatory consequence.

Scenario 1: New Producer Buying CRP Ground

Producer Action Regulatory Consequence
Hannah buys 40 acres of expiring CRP ground in North Dakota Land may be classified as native sod or wetland under Sodsaver
She signs AD-1026 and checks yes on Item 4E NRCS conducts a native sod determination before tillage
She tills without waiting for the determination She loses crop insurance premium subsidies and faces a four-year yield reduction
She waits for NRCS approval and follows the conservation plan She keeps all program benefits and qualifies for EQIP cost share

Scenario 2: Tenant Farming Leased Wetland-Adjacent Ground

Producer Action Regulatory Consequence
Carlos rents 320 acres in Minnesota with a small playa wetland He must sign AD-1026 listing all rented farm numbers
The landlord drains the playa without telling him Both parties may face a Swampbuster violation under 7 CFR 12.5
Carlos reports the activity to FSA promptly He may qualify for the good faith provision and avoid full loss of benefits
Carlos ignores the drainage and plants corn He loses ARC-CO, PLC, and crop insurance premium subsidies for the year

Scenario 3: Family Member Inheriting HEL Cropland

Producer Action Regulatory Consequence
Olivia inherits 240 acres of rolling Missouri HEL from her grandfather She must file a new AD-1026 in her name within 30 days of taking control
She adopts her grandfather’s existing conservation plan The plan transfers under NRCS continuity rules
She abandons the conservation plan and plants fence row to fence row She loses all USDA benefits until the plan is restored
She updates the plan with NRCS to add cover crops She qualifies for CSP enhancement payments

State and Regional Nuances

While the federal AD-1026 form is uniform nationwide, several state and regional nuances change how the form is applied. The Prairie Pothole Region states of North Dakota, South Dakota, Minnesota, Montana, and Iowa face the most intensive wetland scrutiny because of the high density of small wetlands. Producers in these states often see longer NRCS determination timelines, sometimes six months or more, due to the volume of requests.

The Sodsaver provision applies only in six states, namely North Dakota, South Dakota, Minnesota, Montana, Iowa, and Nebraska. In these states, breaking native sod triggers a four-year reduction in crop insurance guarantees and disqualifies the acres from noninsured crop disaster assistance program coverage. The consequence in other states is less direct, though general Swampbuster rules still apply.

Tribal lands administered through the Bureau of Indian Affairs follow the same AD-1026 rules, but tribal producers may also need a BIA lease approval and a separate tribal conservation plan. The consequence of skipping the tribal layer is that the federal certification may be valid while the lease itself is not, creating a gap that blocks payment.

Wetland Determinations and the Certified Wetland Inventory

Each state operates a Certified Wetland Inventory that maps wetlands on agricultural land. If your tract has a certified inventory, the determination is binding unless you appeal. The plain-English meaning is that the map controls. The consequence of farming through a mapped wetland is presumptive violation, and your appeal must use the NAD appeal process within 30 days.

A common misconception is that older NRCS-CPA-026E forms are not binding. They remain binding until you formally request a new determination based on changed conditions. Rachel, a Wisconsin dairy farmer, learned this when she tried to argue a 1992 wetland map was outdated and lost her appeal because she had never requested a redetermination.

Connection to Other USDA Forms and Programs

AD-1026 does not stand alone. It connects to a web of FSA and NRCS paperwork that producers must keep aligned. The CCC-902 farm operating plan establishes who is actively engaged in farming. The CCC-941 average adjusted gross income certification establishes income eligibility. The AD-2047 collects basic customer data.

The form is required for participation in ARC and PLC, the Conservation Reserve Program, marketing assistance loans, farm storage facility loans, and federal crop insurance premium subsidies. The consequence of an incomplete AD-1026 is that every one of these programs may suspend payment until the form is corrected.

The Inflation Reduction Act of 2022 added $19.5 billion in conservation funding through EQIP, CSP, ACEP, and RCPP. Producers tapping these dollars still need a current AD-1026 on file. A common misconception is that IRA money flows outside conservation compliance. It does not.

Mistakes to Avoid

Producers make the same errors year after year, and the consequences are predictable. Avoid these seven mistakes to protect your benefits.

  • Failing to list every farm number you have an interest in, because omission creates a compliance gap that cancels benefits on that tract.
  • Answering no to Item 4A when you have any planned drainage activity, because the false certification can trigger criminal penalties under 18 U.S.C. § 1001.
  • Starting earth-moving or drainage work before NRCS issues a determination, because the disturbance destroys the evidence needed to support your case.
  • Forgetting to refile when you add a new tract, lose a tenant, or form a new entity, because the existing form does not cover the changed situation.
  • Assuming small wet spots under one acre do not count, because Swampbuster covers wetlands of any size meeting the three criteria.
  • Treating no-till as a substitute for a full conservation plan on HEL ground, because the plan, not the practice, is the legal trigger.
  • Letting a landlord or tenant complete the form on your behalf, because each party with an interest must sign individually.

Do’s and Don’ts

Both columns matter because the form rewards precision and punishes shortcuts.

  • Do keep a copy of every signed AD-1026 for at least seven years, because FSA audit retention periods can reach back that far.
  • Do request an NRCS wetland determination in writing before any earth-moving, because verbal opinions are not binding.
  • Do review your CWI map before signing, because the map controls your answers in Item 4.
  • Do coordinate with your landlord, tenant, and any entity partners, because every interest holder must sign.

  • Do ask your county FSA staff to walk through Item 4 with you, because their interpretation matches the Handbook 6-CP.

  • Don’t sign the form without reading every line, because the certification is a sworn statement.

  • Don’t assume your neighbor’s compliance covers your interest, because compliance is individual.
  • Don’t rely on outdated wetland maps, because revised determinations can change your status.
  • Don’t wait until planting season to refile, because NRCS determinations take weeks or months.
  • Don’t ignore a denial letter, because the 30-day appeal window is jurisdictional.

Pros and Cons of the AD-1026 System

The certification system has real strengths and real weaknesses for producers.

  • Pro: A single form unlocks every major USDA program, simplifying paperwork.
  • Pro: Conservation compliance protects soil and water resources that producers depend on long term.
  • Pro: The form’s broad scope encourages farm-wide planning rather than field-by-field shortcuts.
  • Pro: Good faith relief provisions protect producers who report violations promptly.

  • Pro: Compliance opens the door to additional conservation cost-share funding under EQIP and CSP.

  • Con: A single false certification can void benefits across every program, creating outsized risk.

  • Con: NRCS determinations can take six months or longer, delaying farm operations.
  • Con: The form does not distinguish between intentional and unintentional violations clearly enough for many producers.
  • Con: The appeals process through the National Appeals Division is technical and often requires legal help.
  • Con: Penalties under 7 CFR Part 12 can dwarf the value of the activity that triggered them.

Court Rulings and Precedent

A few federal court rulings shape how AD-1026 is enforced today. In Foster v. Vilsack, 820 F.3d 330 (8th Cir. 2016), the Eighth Circuit ruled that NRCS used the wrong comparison site to determine whether a South Dakota tract was a wetland, sending the case back for redetermination. The consequence of Foster is that producers can challenge NRCS comparison-site selection on appeal.

In Barthel v. USDA, 181 F.3d 934 (8th Cir. 1999), the court upheld USDA’s authority to recover prior payments from producers who later violated Swampbuster. The consequence is that violations can reach backward, not just forward. A common misconception is that past payments are safe once received. They are not.

In Boucher v. USDA, 934 F.3d 530 (7th Cir. 2019), the Seventh Circuit clarified the burden of proof in wetland determinations and required NRCS to support determinations with substantial evidence. The consequence is a higher evidentiary standard for the agency, which benefits producers willing to appeal.

FAQs

Is Form AD-1026 required every year?

No. The form stays on file indefinitely once signed, but you must refile any time your operation changes, you add or drop land, you form a new entity, or you plan any drainage or land-clearing activity.

Do I need AD-1026 if I only buy crop insurance?

Yes. Since the 2014 Farm Bill, federal crop insurance premium subsidies require an active AD-1026 on file linking you to conservation compliance.

Can my landlord sign AD-1026 for me?

No. Every individual or entity with an interest in the land must sign their own form because conservation compliance follows the person, not just the parcel.

What happens if I check yes on Item 4A?

Yes, any yes answer routes your form to NRCS for a wetland or HEL determination before you proceed with the activity, which protects you from a presumptive violation.

Are small wetlands under one acre exempt?

No. Swampbuster covers wetlands of any size that meet the three criteria of hydric soil, wetland hydrology, and hydrophytic vegetation.

Can I appeal an NRCS wetland determination?

Yes. You file an appeal with the National Appeals Division within 30 days of the determination letter, and you may also request mediation through your state office.

Does AD-1026 apply to organic producers?

Yes. Organic certification under the National Organic Program does not exempt you from conservation compliance, so you still sign AD-1026 to receive USDA benefits.

Will tiling my field trigger a violation?

Yes, if the tile drains a wetland or facilitates commodity production on a wet area, but routine tile in non-wetland cropland does not trigger Swampbuster.

Can I get help filling out AD-1026?

Yes. Your local FSA county office walks you through the form free of charge, and many state farm advocate programs offer additional help.

Are tribal producers covered by AD-1026?

Yes. Tribal producers farming under BIA-approved leases sign AD-1026 just like any other producer, with the added requirement of tribal lease compliance.

What is the penalty for a false certification?

Yes, a knowingly false certification can lead to loss of all USDA benefits, repayment of prior payments, and criminal prosecution under 18 U.S.C. § 1001 carrying up to five years in prison.

Does Sodsaver apply outside the Prairie Pothole Region?

No. The Sodsaver provision applies only in North Dakota, South Dakota, Minnesota, Montana, Iowa, and Nebraska, but general Swampbuster and HEL rules apply nationwide.

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