Wetland Programs | Beltrami County

The Environmental Services Department (ESD) administers the state’s Wetland Conservation Act (WCA) program. The Minnesota Board of Water and Soil Resources (BWSR) has overall statewide administrative responsibility for the law; the ESD is responsible for making decisions on wetland applications.

If you think you may be doing any activities – filling, draining, or excavating - inside or nearby an area that could be wetland, call and we’ll schedule a time to come out before you begin work. A Wetland Application will also need to be completed.

IMPORTANT: Application fees are TRIPLED for non-exempt activities in regulated wetlands and restoration may be required at the owner’s expense.

Do I have wetlands on my property?

It can be very difficult to properly identify wetlands. Many people think of wetlands as swampy, marshy areas with open water, cattails, and lily pads. Wetlands can take on many forms including grassy meadows, forested wetlands covered in trees and shrubs, and wet areas of cultivated farm fields. Many wetlands are actually dry for most of the year with no standing water.

What kind of activities could require a WCA Permit?

A few examples of projects that may require a WCA Permit:

Filling a low area of a residential lot for a building or lawn
Tilling wet areas of cultivated fields
Digging a pond in a low area
Cleaning out an old ditch or improving an existing ditch
Adding fill for a crossing of a stream or wet swale
Constructing a road in a low area to access high ground

Important facts to consider before you begin to plan your project:

WCA regulates all of the state’s wetlands except MNDNR Public Waters, which are regulated separately by the State of Minnesota.
If you are enrolled in the federal Farm Bill Program you should contact the ESD along with your local USDA Office.
Wetland protection laws can regulate draining, filling, or excavating in or adjacent to wetlands when these activities directly or indirectly impact them.
There are exemptions found in WCA for impacts from certain activities that do not require replacement.

If there is the potential for your project to impact a wetland, it is important that you contact the ESD before starting to:

Find out if the land you intend to alter is a wetland.

Determine whether the proposed activity could have a direct or indirect impact on a wetland.

Assure that any wetland impacts go through “sequencing” to determine whether proposed impacts can be avoided or minimized when possible, and properly replaced if not.

The word “sequencing” is commonly used in wetland protection programs. The applicant must demonstrate why the proposed wetland impact cannot be avoided. The next step is to minimize the impact amount to wetland. Only then can a replacement plan application be submitted to the ESD for a decision.

Wetland Services fees are on the County Fee Schedule

Program enforcement is primarily conducted by DNR Conservation Officers and may involve issuing Cease-and-Desist Orders (CDOs) and/or Wetland Restoration and Replacement Orders.

The orders are issued pursuant to Minn. Stat. § 103G.2372 and MN Rule part 8420.0900. Violation of an order is a misdemeanor and a deed restriction may be placed on the property by the MNDNR. Orders typically state that the landowner/responsible party must:

Restore the wetland in the manner required in the order by the stated deadline, or
Submit a completed wetland replacement plan, exemption, or no-loss application to Environmental Services within 45 days of the receipt of the order.

The enforcement authority will rescind the order when the landowner obtains approval for an after-the-fact replacement plan, exemption determination, or no-loss determination from the county. If an after-the-fact application is not approved, the landowner/responsible party must restore the wetland as specified in the order. Upon completion of the restoration work, the landowner/responsible party must request that a Certificate of Satisfactory Completion be issued. The Certificate can only certify the restoration when the wetland has been completely restored and is fully functional.

It is recommended that you complete and submit the Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters form to the Environmental Services office prior to initiating any work.

MN Statutes Sections 103G.2212 and 103G.241 stipulate that an agent or contractor may not:

Drain, excavate, or fill a wetland, wholly or partially, OR
Construct, reconstruct, remove, or make any change in any reservoir, dam, or the course, current, or cross-section of any public water.

UNLESS, the agent or contractor has obtained a signed statement from the property owner stating that any permit or wetland replacement plan required for the work has been obtained, OR that a permit or replacement plan is not required.

This form is considered notification only and is not an application or authorization for any activities described in it.

Additional Resources

MN Board of Water & Soil Resources - More information about WCA and other reference materials

Sequencing - Avoid, Minimize, and Replace (St. Louis County video)

Wetland Identification (St. Louis County video)

DNR Public Waters Permit Program

Clean Water Act Section 404

Wetland Delineation Reference Materials

Online Mapping These maps are for general information ONLY and DO NOT accurately represent the type and location of all wetland resources in the county! Please contact this office before doing any work that may be done in, or near, a wetland.