Ditch Maintenance
Ditch maintenance must be done within specific limitations to comply with the Wetland Conservation Act (WCA). The applicability of exemptions can be confusing so it is advisable to contact Dennis Rodacker at the Anoka Conservation District (ACD) or your Local Governmental Unit (LGU) for more information prior to conducting any work within a private or public ditch. Also, other jurisdictions including the US Corps of Engineers may have regulatory authority on the wetlands affected.
Exemption Standards Subpart 2 states "a replacement plan is not required for draining type 1 wetlands, or up to five acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed drainage benefits for public drainage system" provided that:
- during the twenty years ending January 1, 1992 there was an expenditure made from the drainage system account for the public drainage system and the system was repaired or maintained as approved by the drainage authority or no repair or maintenance was required under Minnesota Statues, Section 103E.705, sub. 1 as determined by the public drainage authority; and
- the wetlands were not drained for conversion to platted lots, planned unit, commercial, or industrial developments, or any development with more than one residential unit per 40 acres. If drained wetlands are converted to one of these uses within ten years following the drainage, the wetlands must be replaced.
Also, a replacement plan is not required for draining or filling of wetlands resulting from the maintenance or repair of existing public drainage systems, except for draining types 3, 4 or 5 wetlands that have been in existence for more than 25 years.
A replacement plan is not required for draining or filling of wetlands resulting from the maintenance or repair or existing private drainage systems, except for draining wetlands that have been in existence for more than 25 years.
The landowner must provide evidence to the LGU that any wetland that will be partially or completely drained by ditch maintenance has not existed for more than 25 years. Typical documentation includes aerial photographs, climatological records, soil borings, vegetative analysis, elevation surveys, sworn affidavits, cross section profiles, historical construction information, etc.
Wetland replacement is not required for impacts resulting from public drainage system improvement activities that receive final approval from the drainage authority between July 1, 1986 and July 1, 1991 provided the approval remains valid, the project remains active and the impacts are limited to the extent originally approved.
To prevent wetland drainage, the public drainage authority may install control structures and dikes, realign the ditch, or make other modifications.
Wetlands of all types that would be drained as part of the public drainage repair project are eligible for the Permanent Wetlands Preserve Program under Minnesota Statues, section 103F.516.
RELATED TOPICS: Pond Excavation and Peat Mining
