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Wetland Banking Guidance

 

Minnesota Wetland Bank Withdrawal Transactions Guidance

Wetland banking transactions can be confusing because they involve at least four entities:

  1. The Seller who is the bank holder.
  2. The Buyer who is also an applicant for a project that impacts wetlands in some way that requires compensatory wetland credit.
  3. The Local Government Unit that approves the applicant’s project AND the use of wetland credit to compensate for wetland impacts.
  4. The Board of Water and Soil Resources (BWSR) which debits the account of the bank holder and notifies entities that staff have processed the transaction.

Other entities may include consultants or agents to seller, buyer, or Local Government Unit, and other regulatory agencies such as the U.S. Army Corps of Engineers, watershed districts, and county Soil and Water Conservation Districts.  Agriculture-related impacts are overseen by the Natural Resources Conservation Service. Wetland Banking is used to satisfy mitigation requirements of three laws: (1) the Minnesota Wetland Conservation Act, and (2) Section 404 of the Clean Water Act and (3) Swampbuster, which are federal laws.  It is important that all parties fulfill their obligations to ensure a smooth process that satisfies all regulatory requirements.

The responsibilities of each party are described in the links below. Taking time to review your section in order to submit a complete form will speed the process and may help avoid costly errors.

 

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Minnesota Board of Water and Soil Resources

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