Agenda Packets - 1999/04/05 - Laserfiche WebLink

Home Browse Search

A.3 Recent Federal Legislation Historically, federal policy on wetland regulation parallels regulation by individual states. The early federal "swampland acts" of 1850 and 1860 transferred 65 million acres of wetlands to fifteen states, including Minnesota. The acts required that proceeds from the sale of wetlands to individuals had to be used to convert wetland to farmland. The federal government began acquiring wetland easements through programs of the Fish and Wildlife Service in 1958 and the U.S. Department of Agriculture in 1972. In 1977, President Carter issued executive orders which established the protection of wetlands and riparian flood plain systems as an official policy for each agency in the federal government. 1972 The Federal Water Pollution Control Act regulates the discharge of dredge and fill material into navigable waterways, including wetlands, under the section 404 permit program administered by the U.S. Army Corps of Engineers.Clean Water Act,33 U.S.C.§ 1344 1985 The Food Security Act created the "swampbuster" provision, which denies USDA farm program benefits to farmers who plant annual crops on wetlands converted after 1985. 16 U.S.C.§3821 to 3824 1990 The Food, Agriculture, Conservation and Trade Act created the Wetlands Reserve Program to restore and permanently protect wetlands, with a goal of enrolling one million acres of farmed wetlands, prior-converted wetlands, and adjacent upland by the year 2000. 16 U.S.C.§3821 to 3824 (Note: This brief represents an historical perspective prepared by John Helland,Legislative Analyst,as a House Research Information Brief Changes in the Wetland Conservation Act since the brief was written in March, 1996 have also been incorporated.A paper entitled"Histoty of Water Management and Protection in Minnesota"by Tom Lewanski,Office of Planning,Department of Natural Resources,provided material for this historical information brief) B. MINNESOTA WETLAND CONSERVATION ACT BASICS B.1 Statutes and Rules The Wetland Conservation Act(WCA)was first passed in 1991 as Minn. Laws Ch.354, as amended (codified, as amended, at Minn. Stat. 103 G.222-.2373 and in other scattered sections). Rules were promulgated by the Minnesota Board of Water and Soil Resources (BWSR) in Chapter 8420 of Minnesota Rules, as amended (Rules). Refer to the Resource Reference Section of this manual for a copy of the Rules, as well as information regarding the statutory language for the WCA. B.2 Basic Requirements Wetlands must not be drained or filled unless (a) drain or fill activity is exempt or(b)wetlands are Part I-Program Overview April 1997 WCA Administration I- 6