Wetland Conservation Act

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Sandstone, MN 55072

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Wetland Conservation Act

In Minnesota, an estimated 11 million acres of wetland areas have been lost in the last 100 years. There are approximately 9 million acres remaining. The Wetland Conservation Act (WCA) was passed in 1991. The ultimate goal of the act is "no net loss of wetlands". In order to attain this goal; draining, filling, and excavation is prohibited unless:

* the drain, fill or excavation activity is exempt; OR

* wetlands are replaced by restoring or creating wetland areas of at least equal public value

Wetlands are actually regulated by the State of Minnesota as well as the federal government, not at the county level. The WCA is consistent in scope across the entire state. All decisions are based on the Wetland Conservation Act Rules, Chapter 8420. The Minnesota Board of Water and Soil Resources (BWSR) administer the WCA on a statewide basis, the Pine Soil and Water Conservation District (SWCD) implements the WCA locally. The Pine County Commissioners passed a resolution in 1992 delegating the administration of the WCA to Pine Soil and Water Conservation District for Pine County.

Staff decisions can be appealed first to the local Pine SWCD Board, then the State BWSR Board and ultimately District Court. Pine Soil and Water Conservation District administers only the state rule and has not added any additional wetland ordinances.

What are the benefits of wetlands?

* provide flood control by storing excess water during rain events and spring melting

* increase water quality by filtering sediments and nutrients before they enter lakes, rivers and streams

* provide habitat for fish, birds, amphibians, and other wildlife

* provide erosion control by slowing the flow of water between upland areas and waterways

* provide groundwater recharge by detaining water and allowing it to percolate to the water table

* provides habitat for rare, endangered and threatened plants an animals

How can you tell if an area is a wetland?

Three conditions must be present to define an area as a wetland:

1. Hydric soils - soils that show characteristics of development under wet conditions

2. Hydrology - water present within top 12" of the surface for 5% of the growing season under normal rainfall years

3. Hydrophytic vegetation - vegetation that is adapted to living in wet conditions. Examples include: pitcher

plants, lady slippers, jack-in-the-pulpit, sedges, tamarack, and black spruce.

How does WCA relate to Pine SWCD?

Pine SWCD administers WCA by:

* serving as the Local Government Unit (LGU)

* Providing information regarding wetlands and requirements of WCA

* Provide assistance as needed regarding wetland restoration, replacement plans and banking procedures.

* Serve as a member of the Technical Evaluation Panel (TEP)

Click here for the General Application Form for Most Projects Involving Lakes, Wetlands, Rivers and Streams.

Pine SWCD has created a fee schedule for WCA projects. Please click here to view the fee schedule. Please note, the fee must accompany all applications submitted to Pine SWCD.

The WCA rule can be found and read on-line at: https://www.revisor.leg.state.mn.us/arule/8420/.

More wetland information is available from the Board of Water and Soil Resources office in Duluth, 394 South Lake Ave. Room 403 or visit the web site: http://www.bwsr.state.mn.us/

For information about the Wetland Conservation Act, or questions about projects in or near wetlands, contact Robin Poppe at (320) 216-4243, or rlpoppe@co.pine.mn.us.

Wetland Conservation Act Fact Sheet

Purpose: To maintain and protect Minnesota’s wetlands and the benefits they provide.

History: In 1991, reacting to public concern about Minnesota’s disappearing wetlands, the Minnesota Legislature approved and Governor Arne Carlson signed the Wetland Conservation Act, one of the most sweeping wetlands protection laws in the country.

An interim program became effective January 1, 1992. On January 1, 1994, the full program began. The Legislature has amended the WCA significantly three times, mostly to accommodate the varying needs of the different geographic areas of Minnesota.

Administration: Local government units—cities, counties, watershed management organizations, soil and water conservation districts, and townships—implement the act locally. The Minnesota Board of Water and Soil Resources administers the act statewide, and the Department of Natural Resources enforces it.

Benefits: The Wetland Conservation Act recognizes a number of wetland benefits deemed important, including:

Water quality, including filtering pollutants out of surface water and groundwater, using nutrients that would otherwise pollute public waters, trapping sediments, protecting shoreline, and recharging groundwater supplies;
Floodwater and storm water retention, including reducing the potential for flooding in the watershed;
Public recreation and education, including hunting and fishing areas, wildlife viewing areas, and nature areas;
Commercial benefits, including wild rice and cranberry growing areas and aquaculture areas;
Fish and wildlife benefits; and
Low-flow augmentation during times of drought.

How it works: To retain the benefits of wetlands and reach the legislation’s goal of no-net-loss of wetlands, the Wetland Conservation Act requires anyone proposing to drain, fill, or excavate a wetland first to try to avoid disturbing the wetland; second, to try to minimize any impact on the wetland; and, finally, to replace any lost wetland acres, functions, and values. Certain wetland activities are exempt from the act, allowing projects with minimal impact or projects located on land where certain pre-established land uses are present to proceed without regulation.

More WCA Information: Click on the following links for information about each listing:

De Minimum Exemption

Ponds

Replacement Plan Process

Replacement Plan Sequencing

Replacement Plan Site Banking

Click on the following link for more information on WCA:

WCA Information