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Briefing Number 6, June 2007

New Wetland legislation affects communities across the state

New wetland legislation affects communities across the state In response to the Governor’s Clean Water Cabinet initiative, the Minnesota Board of Water and Soil Resources (BWSR) completed an assessment of the existing Wetland Conservation Act (WCA) rules. This assessment determined which components were not meeting the “no-net loss” requirements of the WCA.

During the 2007 legislative session, the BWSR introduced legislation that furthers efforts to protect the state’s valuable wetland resources. Some of the amendments to the existing statutes are included below.

• Increased requirements for:
  • Wetland replacement and siting
  • Stormwater pond design for wetland replacement credit
  • Upland buffers around created wetlands
• Updates to Exemptions, including:
  • Approved development exemption (repealed)
  • De minimis exemption thresholds (reduced in certain areas)
    - Agricultural activities and drainage exemptions (updated)
  • Utilities/Public Works exemptions (updated)
• Changes to appeal guidelines and fees
• New WCA rules, specific to the Metropolitan Area, now include Chisago, Isanti, Sherburne, and Wright Counties

Understanding the legislation and its impact

SEH’s natural resource scientists have been closely tracking this new legislation and can help you understand its impacts to your community by:

• Helping you to understand how these changes may affect your current and future projects
• Determining required replacement amounts, depending on the type of impact and location statewide
• Completing delineation, permitting, and mitigation design
• Developing a comprehensive wetland management plan

Whether or not your community is currently operating under an approved stormwater management plan or comprehensive wetland management plan, or has a project that proposes to impact an existing wetland, this new legislation may affect you.

Download a PDF of this Briefing

What: The Board of Water and Soil Resources (BWSR) sponsored amendments to the Minnesota Wetland Conservation Act.

Who’s affected: Minnesota cities, counties, and landowners whose property includes wetlands.

When: Most Statute amendments took effect on May 8, 2007. Additional Statute amendments and Exempt Rule changes will be enacted and take effect August 2007.

Contact: SEH Biologist Allyz Kramer at 651.490.2162 for more information about this legislation and its possible impact(s) on your community or land.

Find out more about SEH wetland services:

• Wetland Services
• Natural Resources Team
• Natural Resources Services

Related Services:

• Bioengineering and Vegetation Management
• NEPA Study Services
• Rare and Protected Species Surveys
• Fish and Wildlife Services