The Minnesota Board of Water and Soil Resources is updating rules for the Wetland Conservation Act to incorporate statutory changes that have been passed by the Legislature since the current rule was adopted in 2009.

The Minnesota Legislature first passed the WCA into law in 1991 with a primary goal of no net wetland loss.

When considered in combination, USDA Natural Resources Conservation Service programs incentivizing wetland restoration and the WCA have resulted in increased wetlands in Minnesota.

According to the Minnesota Board of Water and Soil Resources (BWSR), “the 2024 WCA statutory amendments were made primarily to help fill regulatory gaps for federally unregulated waters.”

Fill in the gaps

These “gaps” were created when the U.S. Supreme Court ruled last year that the Environmental Protection Agency had overstepped in claiming jurisdiction under the Clean Water Act, essentially ruling that certain unconnected or isolated water bodies were not subject to federal rules.

This ruling prompted the state Legislature to act, incorporating portions of federal language for wetland determinations and removing some agricultural exemptions. Statutory changes also authorize the board to amend WCA rules to regulate reaches of intermittent and perennial watercourses not identified as public waters.

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A BWSR fact sheet notes that “WCA plays a key role in conserving Minnesota’s wetlands when impacts are unavoidable. This rulemaking process will help ensure that statutory changes and rules align, which will, in turn, help streamline associated regulatory activities.”

The resulting “new” WCA could have major ramifications for landowners and local governments responsible for most of the drainage systems. BWSR intends to finalize the draft rules by year-end, with a final rule adopted by next summer.

The rulemaking process includes opportunities for public comment. Visit MBWR for more information, including how to provide feedback.