Wetland Conservation Act (WCA)
Variety of Wetlands
Minnesota supports a wide variety of wetland types. While many people think of wetlands as swampy areas with standing water and cattails, the reality is wetlands take on many forms. Wetlands can vary from grassy meadows, to forested wetlands covered in trees and shrubs, to wet areas of cultivated farm fields. Many wetlands are actually dry for most of the year, with no standing water.
Wetlands Regulation
Most wetlands in Minnesota are protected by State and Federal law. Minnesota’s primary wetland protection law is the Wetland Conservation Act. The law is implemented by local governments, the Minnesota Board of Water and Soil Resources provides assistance and oversight, and the Department of Natural Resources provides enforcement.
- The State law applies to all wetlands, including those on private property, to achieve “no net loss” of wetlands.
- In general, wetland protection laws regulate activities in or near wetlands that can negatively affect the wetland through draining, filling, or excavating.
- There are some exemptions contained within State law for certain activities.
What You Should Know
It can be very difficult to identify wetlands and wetland regulations can be quite complex. Some examples of projects that could potentially affect wetlands include:
- Filling a low area of a residential lot for a building or lawn.
- Tiling wet areas of cultivated fields.
- Digging a pond in a low area.
- Cleaning out an old ditch or improving an existing ditch.
- Adding fill for a crossing of a stream or wet swale.
Requirements
If there is the potential for your project to impact a wetland, before you start it is important to contact the SWCD, your local WCA regulatory authority, to:
- Find out if the land you intend to alter is a wetland. Remember, an area can be a wetland even if it does not appear wet on the surface.
- Determine if the proposed activity has impacts to a wetland area.
- Assure that any impact to wetlands can be avoided if possible, and properly replaced if not.
Cooperation is a key component of successful conservation. Local, state, and federal wetland regulatory agencies work in partnership with landowners to help them achieve the best possible results on their private land.