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With the exception of the Wetland Conservation Act (WCA), VLAWMO is not a regulatory agency.

Check with your local municipality for guidance on what is and isn't regulated. Do you have a WCA-related question regarding a development or construction project? Contact us at (651) 204-6075 for questions and counsel.

 VLAWMO does not have permitting authority. Rather, we create standards and policies informed by the Board of Directors, state review agencies such as the Minnesota Pollution Control Agency, and the latest information and research from the water resources field. The resulting standards and policies serve as a framework for our member communities to regulate. VLAWMO provides permit information, plan and development reviews, resources, and planning assistance for a collaborative and shared process.

Below are some resources that guide our water management:

VLAWMO Standards

Interpreting the Standards

Public Drainage Policy: 

This policy guides communication with landowners and municipal partners regarding the extent, purpose, and management of public drainage systems. It outlines the timing for various inspection and maintenance activities and describes the integrated roles of municipal partnerships in coordinating ditch maintenance. 

Water Management Policy:
This policy outlines specific standards that help prevent harm to water resources during development, construction, and other land and water-altering activities. Examples include erosion and sediment control, floodplain and drainage alteration, groundwater protections, shoreland alteration, stormwater management, stream and lake crossings, wetland protections, and vegetated buffers.
 
Water Monitoring Quality Assurance Plan:

This plan provides guidance for VLAWMO's water monitoring program. It describes what measurements VLAWMO uses in water monitoring, data practices, and the techniques and staff training that provide consistency for the program. 

Wetland Buffers:

This infographic is derived from the buffers section of the VLAWMO Water Management Policy. It is used for educational purposes and to aid in communicating about the importance of vegetative buffers around lakes, streams, wetlands, and ponds. The VLAWMO policy suggests permitted activities, such as construction or development that increase the amount of impervious surfaces on a property, provide a vegetated buffer to adjacent wetlands. 

In short, potentially. The MN DNR requires a permit for aquatic vegetation removal. Plans for lake or wetland vegetation removal should be presented to VLAWMO for review per its role in facilitating the Wetland Conservation Act (WCA). If you want to remove invasive species, contact your City or Township for guidance.

Yes. Plans should be submitted to your local City or Township, and they will help determine whether a permit is needed. Plans should include: 

  • Written description of the work that's to take place
  • Aerial diagram or imagery conveying the project location
  • Timeframe

Any project remotely close to a waterbody or wetland should be submitted to the City or Township for permit determination. 

We recommend residents and developers first contact their local City or Township. This will provide direction on the project's next steps and whether to contact VLAWMO if needed, and it will help reduce redundancy and confusion. 

What is WCA?

"WCA" is the Wetland Conservation Act. The goal of WCA is to ensure a no net loss of wetlands in Minnesota. When construction and development projects occur in or around wetlands, WCA procedures provide direction for either on-site mitigation or off-site wetland banking. As Minnesota has lost half of its original wetlands, WCA is a policy to help prevent further losses to these valuable water resources. 

How are wetlands defined? 

WCA uses wetland delineations to guide procedures and wetland protections on a site-by-site basis. A wetland delineation references three components in its assessment of a wetland boundary. These are 1) the presence of standing water, 2) the presence of hydric soils, and 3) the presence of wetland vegetation. A wetland that has standing water for only part of the year (seasonal wetlands) are still classified as a wetland with the same protections as a wetland with standing water year-round. Seasonal wetlands will likely refer to soil and vegetation in the delineation process. 

What is an LGU?

"LGU" stands for Local Governing Unit that makes WCA decisions. VLAWMO is the LGU for administering WCA within the VLAWMO watershed. 

Where does WCA come from?

The Wetland Conservation Act was put into Minnesota law in 1991. The associated WCA rules can be found here: Minnesota Rules 8420 and statutes can be found here: Minnesota Statutes 103G .

What's the scope of WCA?

Draining, filling and in some cases, excavating in wetlands is prohibited unless (a) the drain, fill, or excavation activity is exempt or (b) wetlands are replaced by restoring or creating wetland areas of at least equal public value. The overall goal is no net loss of wetlands (Minnesota Rules, part 8420.0105). Specifically, WCA regulates the following activities: 

  • Draining and filling, wholly or partially, is regulated in all wetland types;
  • Excavation is regulated in the permanently and semi-permanently flooded areas of types 3, 4, and 5 wetlands;
  • Excavation is regulated in all wetland types if the excavation includes filling or draining, or results in conversion to non-wetland (including deep water habitat).

WCA Resources

Do you have a WCA-related question regarding a development or construction project? Contact us at (651) 204-6075 for questions and council regarding the resources listed below. 

WCA Forms and Templates

Requirements for Projects Involving Public Waters Work Permits

 

 

What am I allowed to do... is there a rule about that? 

Use this list as a starter guide for where to seek more information and deciding a course of action. 

Issues and topics that are likely regulated by a combination of State, County, City and/or Township policies include: 

  • Earth-moving activities or removal of vegetation related to development or reconstruction 
  • De-watering related to development or construction 
  • Stockpiling soil or other materials that can erode or run off 
  • Changes in stormwater runoff rates or pathways related to development or reconstruction 
  • Alteration of wetlands, ditches, or creeks 
    Working in right-of-ways or public easements 
  • Chemical treatment of aquatic vegetation 
  • Manual removal of aquatic vegetation 
  • Removal of trees or other vegetation around existing lake or wetland shorelines 
  • Earth-moving activities such as landscaping or construction below the Ordinary High Water Level (OHW) 
    • Examples: Adding or replacing a sand beach, adding a retaining wall or riprap, removing trees or other vegetation, building new structures or patios, adding soil/filling areas.  Check with an area hydrologist to clarify the OHW in proximity of a waterbody. 

Some topics in the water resources field are more a matter of utilizing industry best practices than enforcing a rule or policy. Examples of these include:

  • Fertilizer and herbicide treatments
  • Road salt and deicer application 
  • Mowing frequency and height 
  • Addressing erosion along shorelines
  • Landscape irrigation
  • Canada Geese management 
  • Chemically treating ponds that are man made, privately owned, and privately responsible for maintenance. Always check with your municipality for local ordinances and the classification of the waterbody (i.e. pond, wetland, stormwater pond, etc.).
  • Small-scale landscaping around ponds, creeks, and shorelines above the Ordinary High Water Level (OHW). Check with an area hydrologist to clarify the OHW for projects in the proximity of a waterbody. 

Check with your local municipality for guidance on what is enforced and what isn't as it relates to these topics.