The
Minnesota Wetland Conservation Act (WCA) was first passed
in 1991. Rules were promulgated by the Minnesota Board of
Water and Soil Resources (BWSR). The WCA mandates that wetlands
must not be drained or filled unless (a) drain or fill activity
is exempt or (b) wetlands are replaced by restoring or creating
wetland areas of at least equal public value. The goal is
no net loss of wetlands.
A
wetland is defined by the presence of (a) hydric
(developed under wet conditions) soils, (b) surface
or subsurface hydrology (properties and distribution of
water) , and (c) hydrophytic (affinity for water)
vegetation. The Wetland Conservation Act applies to all Minnesota
wetlands, except those identified on the
DNR inventory of protected waters and wetlands.
These wetlands are regulated by the DNR.
The local government unit (LGU) has the primarily responsibility
for administration of the WCA and for making key determinations.
Generally, the LGU is a city or county.
If an activity is not exempt, impacted wetlands must be replaced
under a replacement plan approved by the LGU. The replacement
plan must demonstrate compliance with "sequencing,"
i.e., (a) that wetland impacts are avoided as much as possible,
(b) that to the extent that the impacts cannot be avoided,
the wetland impacts are minimized, and (c) that unavoidably
impacted wetlands are replaced as required by the WCA Rules.
The Rules include numerous specific requirements as to location,
size, type, etc. of replacement wetlands. The WCA allows wetland
losses from drain or fill activities to be replaced by wetlands
previously restored or created and deposited into the state
wetland bank. The banked wetlands can only be used if the
result is a no-net-loss in the quantity, quality, and biological
diversity of Minnesota’s existing wetlands. Wetland
bank "accounts" must always maintain a positive
balance
DNR conservation officers and other peace officers may issue
cease and desist, restoration, and replacement orders for
violations of the WCA. Violation of an order is a misdemeanor.
Criminal prosecution of violations under the WCA is pursued
by county attorneys.
Information
about WCA form the MN Board of Water and Soil Resources
Water/Wetland Project and Permit Application Forms
Wetland Consultants for
Southern
St. Louis County
Army
Corps of Engineers Consultant List
Information specific to St. Louis County
St. Louis County has adopted
a
Comprehensive Wetland Protection and Management Plan for St.
Louis County, Minnesota . This
plan provides a local approach to the wetland regulation,
and serves as a "road map" for wetland action in
St. Louis County. This plan is in force where St. Louis County
has primary zoning authority.
Wetland Delineation Guidelines for St. Louis County Projects
Federal Regulations
The U.S. Army Corps of Engineers also regulates many wetland
alteration activities in Minnesota under Section 404 of the
Clean Water Act. Contact
the U.S. Army Corps of Engineers - St. Paul District
Regulatory Programs for more information .