Non-exempt wetland impacts determined by the Local Government Unit (LGU) as unavoidable must be compensated for through wetland creation, restoration or banking. Plans to replace lost wetland functions and values must be submitted to the LGU for approval prior to wetland impacts.
The rules for the Wetland Conservation Act (WCA) outline in great detail the necessary components of a Replacement Plan. Refer to this document for a complete description of the wetland replacement; appeals and compensation process. A Replacement Plan application which identifies all of the requirements is available through the Board of Water and Soil Resources. Application requirements include, but are not limited to, several maps, topographic survey, design specifications drawn to scale, the size, type and location of impacted wetlands and replacement wetlands, sworn statements of site history, ownership and responsibility, a site resource analysis, a description of the methods to be used, Best Management Practices (BMPs) to be incorporated, and a full monitoring plan for the replacement wetland. Private consultants will be able to assist in plan development.
Several agencies and the general public must be given opportunity to comment on proposed Replacement Applications. This can be a time consuming process, but careful planning can avoid unnecessary delays. The following charts summarize the timeline:
| Activity Days | Activity | Responsible Party |
| Start | Complete replacement plan application is submitted to the LGU | Applicant |
| 1 - 10 | Project notification mailed to DNR, BWSR, ACD, WSD/WMO and Public (as requested) 1,2 | LGU |
| 15 - 60 | Comments received and LGU Decision 3 |
LGU |
| 1 - 10 | Decision mailed to same recipients as before as well as the applicant | LGU |
| 1 - 30 | Appeal Time Frame. Decision Final If Not Appealed within 30 Days | Landowner, 100 county residents or recipients |
1 If a LGU delegates decision authority for these projects to staff, it would be possible for the notice of application and notice of decision to be mailed the same day and the project could commence immediately thereafter provided the proposed impact is less than 10,000 sq. ft.
2 Summary information must be received if the project impacts less than 10,000 sq feet. A complete copy of the applicantion must be received if the project impacts are greater than 10,000 sq. feet.
3 The LGU decision can be made prior to receiving comments. However, if the LGU expects comments, the decision should be delayed until after they are received.
A Replacement Plan Application must be evaluated by the LGU with consideration of several factors identified in the WCA Rules. A Replacement Application evaluation form is available at the Anoka Conservation District that outlines the mandatory considerations. A Technical Evaluation Panel (TEP) can be requested to review conflicts regarding Replacement Plan Applications. The TEP is composed of people from three different agencies:
The TEP will record its findings and make a recommendation to approve, modify, or reject the proposed Replacement Plan. The LGU must evaluate the application and make a formal decision before 60 days form the latest date of notification.
The decision will be based on WCA replacement evaluation, the TEP recommendation, and/or comments received pursuant to the notification procedure. The LGU may decide to:
Notification of the decision must be circulated and becomes final if it is not appealed within 30 days.
The decision of the LGU to approve or deny a Replacement Plan may be appealed to the BWSR within 30 days of mailing the decision to the distribution list. A decision can be appealed by:
The decision of BWSR will be to:
The appeal process should take no more than 60 days from the time the BWSR receives notice of the appeal to the time the decision is made, unless the matter is remanded back to the LGU. A restricted time schedule does not exist for matters that are remanded for further processing.
| Activity Days | Activity | Responsible Party |
| Start | Decision Appealed BWSR Receives Notice With Affidavit That LGU Has Been Notified Appeal Notice Sent To Distribution List |
Landowner, Applicant, Recipient on mailing list, or 100 county residents LGU |
| 1 - 30 | BWSR Gives 30 Day Notice For Hearing | BWSR |
| 30 | Findings Of Fact. Written Or Oral Arguments & All Records Are Sent To BWSR | Landowner, Applicant, LGU, Recipients on the public mailing list |
| 31 - 60 | Decision mailed to same recipients as before as well as the applicant | LGU |
| 1 - 30 | Hearing Is Held And Decision Is Made | BWSR |
Replacement Plan applicants who have completed the LGU process and the BWSR appeal process, may apply to the BWSR for compensation under MN Statutes, Sec. 103G.237 if their plan has not been approved as submitted. Compensation is made in the form of a monetary endowment in exchange for a perpetual conservation easement to the state in the form required by MN Statues, Sec. 103F.516.
The applicant must provide the following in writing by certified mail:
The applicant may appear before the BWSR to make an oral argument if such intent is mentioned.
If a complete application is submitted and the above requirements are met, the BWSR shall compensate the applicant as required by law. This compensation will come within 90 days, provided that the applicant conveys a conservation easement to the State. The board shall award compensation in an amount equal to 50 percent of the value of the wetland, calculated by multiplying the acreage of the wetland by the greater of:
OR
If the BWSR does not provide the required compensation in exchange for the conservation easement, the applicant may drain or fill the wetland in the manner proposed without replacement.
An appeal of the BWSR decision is taken to the State Court of Appeals where it must be considered an appeal from a contested case decision for purposes of judicial review under MN Statutes.