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.
