Rule F: Wetland Alteration

1. Policy.

It is the policy of the Board of Managers to:

• (a) Achieve no net loss in the quantity, quality, and biological diversity of Minnesota’s existing wetlands.
• (b) Increase the quantity, quality, and biological diversity of Minnesota’s wetlands by restoring or enhancing diminished or drained wetlands.
• (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands.
• (d) Replace wetland values where avoidance of activity is not feasible and prudent.

2. Regulation.

No person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District.

3. Criteria.

• (a) The Minnesota Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules chapter 8420, as amended, are incorporated as part of this rule and govern draining or filling of wetlands within the District.
• (b) Excavations in wetlands for the purposes of wildlife enhancement must comply with the criteria described in the General Design Consideration for Wildlife Pond Construction and Wetland Alterations, included in the appendix of these rules.
• (c) Wetlands may be used for stormwater storage and treatment only if applicant demonstrates that the excavation will not adversely affect the function and values of the wetland, and will not substantially increase sediment load, tributary area, or water level fluctuations. The District will use the MPCA report, Guidance for Evaluating Urban Stormwater and Snowmelt Runoff Impacts to Wetlands to assist it in evaluating potential impacts.
• (d) Other activities which would change the character of a wetland must demonstrate that the quantity, quality and biological diversity of the wetland will not be diminished, as evaluated using a wetlands functions and values assessment system.
• (e) For wetland alterations not regulated by WCA, functions and values diminished as a result of the alteration, must be replaced at a ratio of one-to-one.

4. Local Government Unit.

The District intends to serve as the local government unit for administration of the Minnesota Wetland Conservation Act, unless a particular municipality in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule.

5. Required Exhibits.

The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11”x17”.

• (a) Site plan showing:
  • (1) Property lines and corners and delineation of lands under ownership of the applicant.
  • (2) Existing and proposed elevation contours, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas.
  • (3) Area of the wetland portion to be filled, drained, excavated or otherwise altered.
• (b) Complete delineation of the existing wetland(s), supported by the following documentation:
  • (1) Identification of the delineation method used in accordance with the 1987 Manual.
  • (2) Identification of presence or absence of normal circumstances or problem conditions.
  • (3) Basin classification using the Cowardian method and Circular 39.
  • (4) Wetland data sheets, or a report, for each sample site, referenced to the location shown on the delineation map. In each data sheet/report applicant must provide the reasoning for satisfying, or not satisfying each of the technical criteria and why the area is or is not a wetland.
  • (5) A delineation map showing the size, locations, configuration and boundaries of wetlands in relation to identifiable physical characteristics, such as roads, fence lines, waterways, or other identifiable features.
  • (6) The location of all sample sites and stakes/flags must be accurately shown on the delineation map. Delineations submitted by applicants will normally be field-verified by District staff. Applicants must leave stakes in the field to aid review of the site. Wetland delineations should be performed during the normal growing season for this area of the State of Minnesota (May 1 - October 15). Delineations performed outside this time frame may or may not be permitted, depending on potential wetland impact in relation to the entire development or project.
• (c) A replacement plan, if required, outlining the steps followed for the sequencing process and including documentation supporting the proposed mitigation plan.
• (d) A wetland functions and values assessment comparison before and after project.
• (e) An Erosion Control Plan.

6. Exceptions.

Clearing of vegetation, plowing or pasturing in a wetland as part of an existing and on-going farming operation will not require a permit under this rule unless the activity results in draining or filling the wetland.