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What is the Wetland Conservation Act?
In 1991, the Wetland Conservation Act (WCA) was passed
in Minnesota. The goal is no net loss of wetlands. Therefore, wetlands may not
be drained or filled unless 1) the drain or fill activity is exempt or 2) the
wetlands are replaced by restoring or creating wetland areas of at least equal
public value.
- What Defines a Wetland?
A wetland is defined by the presence of 1) hydric
soils (which develop under wet conditions), 2) surface or subsurface
hydrology, and 3) hydrophytic (water-loving) vegetation. The WCA
applies to all Minnesota wetlands with the local government unit (LGU)
having the primary responsibility for administration and key determinations.
Generally in our district, the LGU is a city or St. Louis County.
Wetlands that are identified on the
DNR inventory of protected waters and wetlands are regulated by the DNR.
- Can I Fill or Drain a Wetland?
If a fill or drain activity is not exempt under the
WCA, impacted wetlands must be replaced under a replacement plan approved by
the LGU. The replacement plan must demonstrate compliance with
"sequencing," i.e., 1) that wetland impacts are avoided as much as possible,
2) that to the extent that impacts cannot be avoided, the wetland impacts
are minimized, and 3) 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.
- Could I Get Into Trouble for Filling or
Draining Without a Permit?
DNR conservation offices and other peace officers may issue cease and desist, restoration,
and replacement orders for violations of the WCA. Violation of the
order is a misdemeanor. Criminal prosecution of violations under the WCA is pursued by county attorneys.
Click here for Contractor Responsibility and Landowner Statement Form.
- Helpful Links (some require
Adobe Reader)
Wetland Conservation Act Fact Sheet (from Minnesota Board of Water and
Soil Resources)
How do Wetlands
Benefit Us?
What Type
Wetland Do I Have?
Wetland Conservation Act Manual
Print off
Wetland Permit Application
Can I create a wildlife pond in my wetland?
DNR Guidelines for creating a wildlife pond
St. Louis
County
- Technical Assistance Provided
For a $100.00 fee, we will
visit your site and assist you with avoidance and minimization of
wetland impacts through a wetland determination. This is NOT a
thorough delineation of exact boundaries and square footage. If
interested in a wetland delineation, please contact a
local consultant.
- Other Regulatory Bodies
Army Corps of Engineers
St.
Louis County Planning Department
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