Rules & Regulations

In 1991, the Wetland Conservation Act (WCA) (pronounced “wack-uh”) was signed into law. This legislation was largely initiated by concern that increasing drainage and filling activity was resulting in the steady disappearance of wetlands. The resulting WCA legislation set a standard of rigorous protection for wetlands in the United States, with the goal of the act being to achieve “no net loss” of future wetlands. To accomplish this, WCA regulates three categories of activities within wetland areas – draining, filling, and excavating. Adding fill to a “low spot” on your property, for example, would constitute a fill impact assuming the “low spot” met all three criteria associated with a wetland.

Unavoidable wetland impacts must be replaced. This application is referred to as a “replacement plan application”, a process in which the applicant must demonstrate why the proposed wetland impacts are unavoidable, how the impacts will be minimized, and lastly how the wetland impacts will be replaced. The most common means of replacing impacted wetlands is done via the purchase of wetland credits. Before submitting a replacement plan application, it is highly recommended to contact your LGU to discuss application requirements and general information regarding the application process. Detailed information regarding replacement plan applications can be found under WCA Rule 8420.0500 (Minnesota Wetland Administrative Rule).

In addition to WCA, wetlands in Minnesota are regulated by other governmental agencies such as the MN Department of Natural Resources, Army Corps of Engineers, and the United States Department of Agriculture. In some instances, wetland impacts can be regulated by two or more of these programs. Most projects in or near wetlands require a permit. Contact us prior to beginning your project to find out whether your activity is exempt or needs a permit, and if coordination with other government agencies is needed. Both the landowner and their contractor are responsible that the work being done is allowed and that all necessary permits have been obtained. WCA is administered locally by Local Governmental Units (LGU’s) such as counties, cities, and SWCD’s.  Contact us if you have any questions about wetlands or need a current contact person for the LGU in your area.