Minnesota Wetland Conservation Act - Proposed Rule Amendment

The Minnesota Board of Water and Soil Resources (BWSR) is proposing to amend the rules that govern the implementation of the Wetland Conservation Act (WCA), Minnesota Rules Chapter 8420. Generally, WCA requires proposed impacts to be first avoided and minimized and then requires wetland functions to be replaced for unavoidable impacts. The rule includes provisions for wetland identification, wetland replacement, exempt and no loss activities, wetland banking, wetland planning, enforcement and appeals.

The purpose of this rule amendment is to:

• Adopt permanent rules by August 5, 2009 as required by statute;
• Incorporate 2007 and 2008 statutory changes into the permanent rule;
• Increase state and federal regulatory coordination through incorporating provisions of the BWSR-U.S. Army Corps of Engineers Wetland Mitigation Memorandum of Understanding;
  Improve application of wetland replacement science to improve resource outcomes; and
• Make organizational/formatting changes to improve clarity and understanding.

The proposed changes include eliminating the existing two wetland credit system (new wetland credits and public value credits), used to allocate wetland replacement credits, in place of a single credit system where all replacement actions are allocated one type of credit. In addition, provisions are proposed to convert existing credits to this new system. The proposed amendment also simplifies determining wetland replacement ratios and establishes an incentive based wetland replacement system that places a preference for replacement through wetland banking.

BSWR will be conducting public hearings around the State in April and May 2009 on the proposed amendments.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
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