Wetland Conservation Act

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.