Wetland Exemptions

This section has been developed to provide a listing of non-regulated Wetland Conservation Act (WCA) activities and those exempt from the WCA statute and rule. It is ultimately the Local Government Unit's (LGU) responsibility to determine if a project is exempt based on information provided by the applicant. If you are proposing an activity that meets an exemption, you should have the LGU certify that exemption in writing. If no exemptions apply the sequencing process begins.

Compliance with the WCA does not supersede the need to notify other regulatory agencies which may include the Department of Natural Resources/Division of Waters and the US Army Corps of Engineers (USACE).

Activities Not Regulated by the WCA

The WCA does not prevent the use of wetlands for pasture or cropland if agricultural use does not result in the draining, filling or excavation of wetlands.
The WCA does not prevent filling to accommodate wheeled booms on irrigation devices (if fill does not impede normal drainage).
The WCA does not prevent control of noxious weeds if the control does not drain, fill or excavate wetlands.
The WCA does not apply to the DNR Public Waters inventory mapped waters and wetlands. Please contact Tom Hovey at 651/772-7910.
The WCA does not apply to peat mining which is subject to the permit to mine and reclamation requirements of MN Statute, Sec 93.44-93.51. Mining projects are generally greater than 40 acres in size. Contact Julie Jordan for more information.
All decisions on draining or filling of wetlands are also subject to MN Statute, chapter 116B and 116D, which provides that an action which is likely to have material adverse effects on natural resources must not be allowed if there is a feasible and prudent alternative consistent with the requirements of the public health, safety and welfare and the state's paramount concern for the protection of its natural resources. Economic considerations alone do not justify adversely effective actions.

Scope of Exemptions

None of the exemptions apply to calcareous fens as identified by the DNR commissioner.
An activity is exempt if it qualifies for any one exemption (even if indicated as not exempt under a different exemption).
An activity is exempt if it qualifies for any one exemption (even if indicated as not exempt under a different exemption).
Exemptions cannot be combined on a project.
Wetlands cannot be partially drained, excavated, or filled in order to claim and exemption or no-loss determination on the remainder.
Wetlands drained or filled without replacement under an exemption in part 8420.0122, subparts 1 and 2 item B cannot be used other than as agricultural land for 10 years after draining or filling, unless first replaced. At the time of draining or filling, the landowner shall record a notice of restrictions at the office of the county recorder for the county in which the project is located.
Wetlands may not be altered through draining or filling in order to claim an exemption on the remainder of the basin that would not have applied to the original basin.
No exemptions apply to wetlands that have been previously restored or created for an approved replacement plan.
Persons conducting an exempt activity in a wetland shall ensure that appropriate erosion control measures are taken to prevent sedimentation of waters, the activity does not block fish activity in a watercourse, the activity complies with all other local, state and federal requirements including best management practices and water resource protection requirements of MN Statute chapter 103H.

Exemption Summaries:

Agriculture

Contact your LGU or the Anoka Conservation District (ACD) for a more comprehensive description of the WCA exemptions to determine if your activity will meet all exemption requirement. Wetland replacement is generally not required for impacts to wetlands as follows.

Wetlands that have been cropped or required to be set aside (type 1 and type 2 wetlands only) at least 6 of the 10 years prior to January 1, 1991.
Areas enrolled in the Federal Conservation Reserve Program that have been cropped or set aside (type 1 and type 2 wetlands only) at least 6 of the 10 years prior to program enrollment and was not restored with assistance from a private or public restoration program.
Wetlands that have received a commenced drainage determination by the federal Food Security Act of 1985 with drainage commenced prior to 1996.
Type 1 wetlands on agricultural land except bottomland hardwood wetlands.
Type 2 or Type 6 wetlands that are up to two acres in size located on agricultural land.
Type 1, 2, or 6 portions of larger wetland complexes, provided the activity is part of a conservation plan approved by the ACD.
Aquaculture activities including pond excavation and associated access roads and dikes authorized by the USACE.
Wild rice production projects authorized by the USACE.
Normal agricultural practices to control noxious or secondary weeds as defined by rule of the commissioner of agriculture.
Activities on land enrolled in the Federal Food, Agricultural, Conservation, and Trade Act of 1990 with several conditions.

Exemption Summaries:

Drainage

For purposes of this part, "public drainage system" means a drainage system as defined in Minnesota Statures, section 103E.005, Subd. 12, and any ditch or tile lawfully connected to the drainage system.

Type 1 wetlands, or up to 5 acres of type 2 or 6 wetlands, in unincorporated areas on land assessed drainage benefits for a public drainage system provided:

~ During the 20 years ending 1/1/92: there was an expenditure from the drainage system account for the public drainage system; the public drainage systems was repaired or maintained as approved by the drainage authority; or no repair or maintenance was required under Minnesota Statute, section 103E.705, subd.1, as determined by the public drainage authority.

~The wetlands are not drained for conversion to: platted lots; planned unit, commercial or industrial development; any development with more than one residential unit per 40 acres.

Public drainage system maintenance and repair work that does not drain, excavate or fill type 3, 4, and 5 wetlands that have existed for more than 25 years approved by the public drainage authority.
Nonpublic drainage system maintenance and repair work that does not drain or fill wetlands that have existed for more than 25 years.
Active public drainage system improvement projects with valid final approval received between July 1, 1986 and July 1, 1991 provided the impacts are limited to the extent approved.
To prevent wetland drainage, the public drainage authority may install control structures and dikes, realign the ditch, or make modifications.
Wetlands of all types that would be drained as part of a public drainage repair project are eligible for the permanent wetlands preserve under Minnesota Statutes, section 103F.516.

De Minimus

5,000 square feet of type 1,2, 6, or 7 wetlands, excluding white cedar and tamarack wetlands, outside of the shoreland wetland protection zone and are not fringe areas of type 3, 4 or 5 wetlands.
400 square feet of type 3, 4, 5 or 8 wetlands outside of the shoreland wetland protection zone.
400 square feet of any wetland type within the shoreland wetland protection zone.
De minimus amounts may not be combined on a project.
The exemption no longer applies when the cumulative area drained or filled since 1/1/92 is the greater of the amounts listed above (if the landowner owns the entire basin), 5% of the landowner's portion of a basin; or 400 square feet.

Approved Development

Active development and ditch improvement projects with non-expired formal approval between 7/1/86 and 7/1/91, or where infrastructure has been installed in the same time frame with several conditions. Wetland avoidance must still be complied with if possible.

Federal Approval

Certain activities exempted by Corps Section 404 regulation under United States Code, title 33, section 1344(f) as in effect 1/1/91. This exemption does not apply to a project with the purpose of converting a wetland to a nonwetland.
Activities authorized under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, or section 10 of the Rivers and Harbors Act of 1899, United States Code, title 33, section 403.

Wildlife, Forestry and Restoration

Wetland Restoration

Wetlands restored for conservation purposes under a contract or easement with the explicit right to subsequently drain the restored wetland.

Wildlife Habitat

Spoil deposition resulting from excavation within a wetland for wildlife habitat improvement as certified by the ACD with several conditions.
Duck blinds.

Forestry

Temporary roads constructed to provide access to conduct silvicultural activities with several limitations.
Permanent roads constructed to provide access to conduct silvicultural activities with several limitations.

Incidental Wetlands

Beaver dam construction, blockage of culverts through roadways maintained as a public or private entity or actions by public or private entities that were taken for a purpose other than creating the wetland. Impoundments or excavations constructed in nonwetlands solely for the purpose of water quality treatment are also exempt.

Exemption Summary: Utilities

The placement, maintenance, repair, enhancement, or replacement of utility service if the impact of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible and the project alters less than one-half acre of wetlands.

Interstate pipeline operations, maintenance, or repair projects within the right-of-way.
Utility line placement, maintenance, repair, enhancement, or replacement, provided impacts have been minimized as possible and been
Utility line and pipeline right-of-way maintenance projects causing no additional wetland intrusion.
Public works projects resulting in no additional wetland intrusion.
Normal maintenance and minor repair of structures or private crossings causing no additional wetland intrusion.
Repair and updating existing individual sewage treatment systems to comply with local, state and federal regulations.