Violations & Enforcement
All draining and filling and some excavation activities conducted in wetlands under the jurisdiction of the Wetland Conservation Act (WCA) are subject to administration by the Local Governmental Unit (LGU). Enforcement of this act is directed by the Department of Natural Resources (DNR) Conservation Officers. Conservation Officers (COs) get involved when they become aware of draining or filling activities in a wetland. This may happen through phone calls from the general public and public agencies or by observing the activity directly. It is the responsibility of the CO to follow up and determine if the activity is a violation.
Issuing A Cease and Desist Order
The CO may choose to contact the landowner, contractor, LGU and/or the Anoka Conservation District (ACD) to determine if an exemption applies or if there is an approved Replacement Plan. If evidence of an approved Replacement Plan or exemption is not forthcoming and the drain or fill activity is underway, the CO may issue a Cease and Desist Order (CDO) to the landowner. A CDO may be issued when the CO has probable cause that a drain or fill activity is in a wetland and is in violation of the WCA. Once the CDO is issued to the landowner, a copy is forwarded to the LGU, the DNR and the ACD. Violation of a CDO is a misdemeanor.
The Commissioner of the DNR, the COs and other peace officers may also issue CDOs, Restoration Orders and Replacement Orders.
After a Cease and Desist Order is Issued
After a CDO is issued, all work within the wetlands must be stopped until further notice. If the landowner feels that an exemption or no-loss determination applies, an application should be made to the LGU for a determination. If the exemption or no-loss determination application is denied, a Restoration or Replacement Order prepared by the ACD will then be in effect.
Summary of Events
| Task | Responsible Party | Time Line |
| Issue CDO and copy to ACD, LGU, DNR |
CO, Commissioner of DNR or other peace officer. |
As necessary |
| Issue a Certificate of Exemption or no-loss if applicable and request the enforcement authority to rescind the Cease and Desist Order and notify the landowner, ACD and DNR. |
LGU | Within 60 days |
| Inspect the site and prepare a Restoration or Replacement Order |
ACD | Within 3 weeks of CDO |
| Issue the Restoration or Replacement Order after a CDO has been issued |
CO, Commissioner of DNR or other peace officer |
Promptly upon receipt of Restoration Order |
