Minnesota Wetland Conservation Act (WCA)
We assist Benton County with the Minnesota Wetland Conservation Act (WCA) by providing the technical assistance in the form of wetland identification, technical evaluation panel (TEP), wetland education and information, permit applications and preparing restoration plans.
**Please contact us (320-968-5300 Ext 3) or Benton County (320-968-5074) BEFORE digging, cleaning, scraping or filling any land that could be a wetland. You may need to fill out an application, permit, or other documentation.**
What is Wetland Conservation Act (WCA)?
In 1991, the Minnesota Legislature responded to concerns over the state’s wetland management processes by passing the Wetland Conservation Act (WCA). Considered to be one of the most comprehensive wetland laws in the country, the Wetland Conservation Act ensures that we maintain and protect Minnesota’s wetlands and the benefits they provide.
Benton County is mandated to administer this state law at the county level. The law regulates, often prohibiting, the draining, filling or excavation of wetlands, these rules are in addition regulations of other agencies such as the Army Corps of Engineers, Farm Service Agency, etc. Permits are required for wetland activities in Benton County.
Wetland Applications
Wetland applications made to Benton County under the Minnesota WCA are reviewed by a technical evaluation panel or TEP. The TEP is a statutorily designated committee of wetland professionals from various state and local agencies. The individual members comment on proposed wetland projects resulting in a recommendation to Benton County. Benton County has designated, by resolution, the Department of Development as the party responsible for Minnesota Wetland Conservation Act decisions.
How Does WCA Work?
The Wetland Conservation Act requires anyone proposing to drain, fill, or excavate a wetland to first, try to avoid disturbing the wetland; second, to try to minimize any impact on the wetland; and finally, to replace any lost wetland acres, functions, and values. Certain wetland activities are exempt from the act, allowing projects with minimal impact or projects located on land where certain pre-established land uses are present to proceed without regulation.
Do I Need a Permit??
Most projects will require a permit when working in or near wetlands. Contact Benton County prior to beginning your project.
What is a Cease and Desist Order?
If you decide to move ahead with your project without the proper permits, a DNR Wetland Enforcement Officer (WEO), Conservation Officer (CO) may issue a “cease and desist order” which is an order to stop work activity on the project in question until a determination can be made on whether or not a violation has occurred.
If it’s determined that a violation has occurred, a restoration order will be issued and you will be required to restore the wetland back to the pre-altered condition.
Violating a cease and desist order is a misdemeanor and could result in criminal prosecution. It is the responsibility of both the landowner and the contractor hired by the landowner to be sure that the work being done is allowed under the WCA and that all necessary permits have been obtained.
Who Regulates WCA and Who Should I Contact for Help?
Locally, the Benton County office is the local governmental unit (LGU) responsible for administering the WCA within the county. The Benton County Soil and Water Conservation District assists the County by providing the technical assistance in the form of wetland identification, technical evaluation panel (TEP), wetland education and information, permit applications and preparing restoration plans.
At the State level, the Board of Water and Soil Resources (BWSR) provides administrative oversight while the Minnesota Department of Natural Resources (MN DNR) Conservation Officers enforce wetlands violations. NOTE: Wetlands that are identified on the DNR inventory of protected waters and wetlands are regulated solely by the DNR.