Exemption Summaries:
De Minimus
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.
- 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.
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