(b) The restrictions in paragraph (a) of this section:
(1) May be waived by CCC as follows:
- (i) If such waiver would not adversely affect the local economy of the county and that operators in the county are having difficulties complying with conservation plans implemented under part 12 of this title; or
- (ii) If the cropland, in a county, is enrolled under provisions as specified in § 1410.90, provided that the county government concurs with such waiver.
(2) Do not apply to cropland that is:
- (i) Subject to an easement and enrolled in CRP as a shelterbelt or windbreak; or
- (ii) Designated with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation, as determined by NRCS.