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Wetlands
What is WCA? In 1991, the Wetland Conservation Act was passed in Minnesota. The goal of the Act was to protect Minnesota's valuable wetlands through no net loss of the states remaining natural wetlands. The Act designates that before any activity regarding draining, filling, or excavating occurs in a wetland an attempt must be made to first avoid the impact to the wetland, and if the impact can not be avoided, the impact must be minimized, and if the impact can not be minimized then the wetland must be replaced with one of equal public value. What Defines a Wetland? A site is considered a wetland when all three of the following wetland characteristics are met: 1) the presence of hydric soils (which develop under wet conditions), 2) the presence of groundwater hydrology (meaning the soil is inundated or saturated with water to within 12 inches of the surface for at least 5% of the growing season) 3) the presence of hydrophytic vegetation (plants that are capable of living in or near water where oxygen can be limited or absent in the soil for extended periods of time). Who Makes Wetland Determinations and Regulates Wetland Activity? The WCA applies to all Minnesota wetlands with the Local Government Unit (LGU) having the primary responsibility for administration of the Act and making key wetland determinations. In Itasca County the LGU is the Itasca Soil and Water Conservation District. Minnesota DNR Conservation Officers enforce wetlands violations. Wetlands that are identified on the DNR inventory of protected waters and wetlands are regulated solely 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 unavoidable impacts to 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. Direct replacement can also be used to mitigate as part of an approved replacement plan. Mitigation ratios vary depending on Type of wetland impacted and location of the impacted wetland. Contact us if you are unsure whether your activity is exempt or whether it will require a replacement plan. Technical Assistance Provided Initial site visit with technical information is provided FREE of charge. Additional site visits, official delineations, plan applications, development, and review all have fees associated. Please ask us about the applicable fees. Could I Get Into Trouble for Filling or Draining Without a Permit? DNR Conservation Officers and other peace officers may issue cease and desist, restoration, and replacement orders for violations of the WCA. Violation of the cease and desist order is a misdemeanor. Criminal prosecution of violations under the WCA is pursued by county attorneys. The Army Corp of Engineers (ACOE) or County Zoning Office may also pursue criminal prosecution if illegal activity occurs in wetlands under their jurisdiction. Both landowners and contractors hired by the landowner to conduct work in a wetland need to be sure the work is allowed under the WCA and that all necessary permits have been obtained. Contact us to be sure you have all the required forms and permits. Helpful Links (some require Adobe Reader)
Other Agencies that Regulate Wetlands
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© 2006 Itasca County SWCD. Information within this site is subject to change. 1889 East Highway 2, Grand Rapids, MN 55744 • Phone: 218.326.0017 • Fax: 218.326.8938 |
