How does Minnesota's Wetland Conservation Act work?
Federal jurisdiction under Clean Water Act section 404 has narrowed. Minnesota's own program did not. The Wetland Conservation Act, Minn. Stat. § 103G.222 and following, requires that wetlands drained or filled be replaced, and Minn. R. 8420.0520 makes an applicant work through sequencing first: avoid the impact, minimize it, rectify it, reduce it over time, and only then replace what is left. A local government unit — commonly the county, a soil and water conservation district or a watershed district — approves or denies the replacement plan, and may not approve one until the applicant has documented feasible alternatives. Replacement runs two acres for one on nonagricultural land and one for one in the areas the statute calls greater-than-80-percent.