Minnesota Wetlands Conservation Act (WCA)

The Minnesota Wetlands Conservation Act was passed in 1991. The intention of the law was to protect wetlands which were not covered by any other wetland protection laws and to obtain a no net loss in the quantity and quality of Minnesota’s existing wetlands.

The WCA requires persons proposing to impact a wetland (draining, excavating or filling) to first, attempt to avoid the impact if at all possible; second, attempt to minimize the impact; and third, replace any impacted wetland area with a restored wetland of at least equal function and value.

When considering the work involved in obtaining an approved replacement plan for a project that will impact a wetland, or the hiring of an environmental consultant to complete the necessary work, it is usually much easier to completely avoid the wetland if at all possible.

In Big Stone County, the WCA is administered by the Environmental Officer with oversight provided by the MN Board of Water and Soil Resources. Enforcement of the WCA is provided by the Department of Natural Resources conservation officers and other peace officers.

Remember to contact the SWCD and other appropriate agencies well in advance before doing work in a wetland. Also, be reminded that wetlands normally extend considerably beyond the cattails, and that these areas are equally protected even though cattails are absent. Contractors can now be held liable for work done in wetlands in addition to the persons that hire them. The best method is to check before doing the work.