This page contains links and summaries of forms and templates associated with the implementation of the Wetland Conservation Act (WCA). Note that forms associated with wetland bank credit transactions are located on the Wetland Bank Transaction Forms page and forms associated with wetland mitigation easements are on the Wetland Bank and Mitigation Easements page. The joint application form for projects and activities affecting wetlands is on the Joint Application Form page

WCA Notice of Application Form (docx) (11/12/19) and Instructions– This form is to be used by Local Government Unit (LGU) representatives to notify Technical Evaluation Panel (TEP) members and others required to receive notice of applications for WCA decision items. WCA decision items are wetland boundary/type, replacement plan, bank plan, exemption and no-loss. WCA rules require the LGU to issue a notice of application within 15 business days of receipt of a complete application for wetland boundary/type, replacement plan and bank plan decision types. Wetland exemption and no-loss decisions do not require a notice of application, but LGUs are encouraged to provide notice of application either formally or informally to solicit input from the TEP.

WCA Notice of Decision Form (docx) (11/12/19) and Instructions– This form is to be used by LGU representatives to notify TEP members and others required to receive notice of WCA decision items. WCA decision items are wetland boundary/type, replacement plan, bank plan, exemption and no-loss. WCA rules require the LGU to issue a notice of decision within 10 business days of the date of decision.

WCA Determination Notice Form (docx) (11/12/19) and Instructions - This form is to be used by LGU and Soil and Water Conservation District (SWCD) representatives to notify TEP members, applicants, landowners and others of determinations requested or made by the LGU, TEP or SWCD. Determinations include but are not limited to construction certification, local government road wetland replacement program qualification, certification of successful replacement and restoration, preservation credit action eligibility, sequencing flexibility, partial drainage impacts, financial assurance release, wetland bank credit deposits and extension of temporary impact time period. The form serves the dual purpose of notifying and requesting review of determination requests and providing notification of determinations that were made.

Technical Evaluation Panel Form (docx) (10/29/19) – This form is to be used by the TEP to document findings and recommendations.

Wetland Restoration Order Form (pdf) (10/29/19) and Instructions – This form is used to order a landowner or responsible party to restore wetlands impacted in violation of the WCA. The form is typically completed by the SWCD and served by an enforcement officer.

Wetland Replacement Order Form (pdf) (10/29/19) and Instructions – This form is used to order a landowner or responsible party to replace wetlands impacted in violation of the WCA. The form is typically completed by the SWCD and served by an enforcement officer.

Contractor Responsibility Form (docx) – This form is to be used by an agent, contractor or employee of a landowner conducting work that impacts wetlands or makes any changes to a public water.

Declaration of Restrictions for Impacted Wetlands on Agricultural Lands Form (docx) – This form is used to declare that wetlands have been impacted on a parcel of land and those impacts are exempt from replacement because of an exemption that requires the land to be in agricultural use and remain in agricultural use for a period of 10 years after the impacts occur. These exemptions are listed in WCA rules 8420.0420 Subp. 2 and Subp. 3C. The form is to be completed by the fee title owner of the land in which the exempt wetland impacts occurred or will occur (with the assistance of the LGU as necessary) and then recorded on a land deed. The LGU may require the landowner to record this declaration if it determines that the impacted wetland area is a risk of conversion to a nonagricultural use within 10 years of the impact.

Declaration of Restrictions & Covenants for Project-Specific Replacement Form (docx) and Instructions (docx) – This form is required to be completed and recorded on the land deed for areas that are being used to satisfy project-specific wetland replacement requirements associated with a WCA-approved wetland replacement plan. The applicant/landowner must complete the form and then it must be recorded by the fee title landowner on which the replacement is located. The LGU is responsible for ensuring that the form is correct (including legal description and exhibit showing wetland replacement areas). Proof of recording this document must be provided to the LGU by the applicant prior to impacting wetlands associated with the approved replacement plan.

Consent to Replacement Wetland Form (docx) – If persons or parties other than the fee title owner have an interest in the land (i.e. mortgage holder, easement holder, etc.), this form is required to be completed and recorded on the land deed for areas that are being used to satisfy project-specific wetland replacement requirements associated with a WCA-approved wetland replacement plan. The applicant/landowner must complete the form and the form must be recorded by the fee title landowner on which the replacement is located. The LGU is responsible for ensuring that the form is completed correctly. Proof of recording this document must be provided to the LGU by the applicant prior to impacting wetlands associated with the approved replacement plan.

Affidavit of Landowner Form (docx) – If there are no persons or parties other than the fee title owner that have an interest in the land (i.e. mortgage holder, easement holder, etc.), this form is required to be completed and provided to the LGU for areas that are being used to satisfy project-specific wetland replacement requirements associated with a WCA-approved wetland replacement plan. The fee title owner of the land on which the wetland replacement is located must complete the form and provide it to the LGU prior to impacting wetlands associated with the approved replacement plan.

Wetland Bank Application Process and Instructions (pdf) – This document describes the process to apply for a wetland bank plan approval.

Wetland Bank Form for Draft Prospectus/Scoping (docx) – This form is to be used in preparing a draft prospectus for the first phase of the wetland bank application process. Applicants and/or their agents should use this form to provide information on a prospective wetland bank project to the LGU.

Wetland Bank Form for Prospectus/Concept Plan (docx) – This form is to be used in preparing a prospectus for the second phase of the wetland bank application process. Applicants and/or their agents should use this form to provide detailed information on a prospective wetland bank project to the LGU. A prospectus is generally prepared following the completion of the draft prospectus or scoping phase.

Wetland Bank Plan Application Form (docx) – This form is to be used in preparing a full wetland bank plan application for approval by the LGU. It is the final phase of the bank application process for WCA. Applicants and/or their agents should use this form to start the formal WCA bank plan approval application process after they have completed the first two phases of the process.

Technical Evaluation Panel Findings Template for Wetland Bank Draft Prospectus (docx) – This template can be used for TEP findings related to the review of a wetland bank draft prospectus (scoping) document.

Technical Evaluation Panel Findings Template for Wetland Bank Prospectus (docx) – This template can be used for TEP findings related to the review of a wetland bank prospectus (concept plan) document.

Technical Evaluation Panel Findings Template for Wetland Bank Plan Application (docx) – This template can be used for TEP findings related to the review of a wetland bank plan application document.

Projected Wetland Bank Credit Table (xls) – This spreadsheet can be used to project the anticipated amount of credits by wetland plant community type for a proposed wetland bank based on a wetland bank prospectus document.

Resolution to Adopt WCA Template (docx) – This is a template of an example resolution for an LGU to adopt WCA. WCA rules require each LGU implementing WCA to provide written acknowledgement, including a copy of the adopting resolution, to BWSR. An LGU can compose their own resolution provided it incorporates the critical elements found in this template.

Resolution Delegating WCA Implementation to Another Government Entity Template (docx) – This is a template of an example resolution for an LGU to delegate WCA implementation to another government entity. WCA rules require each LGU delegating their statutory WCA implementation duties to another government entity to provide written acknowledgement, including a copy of the delegating resolution, accepting resolution, and applicable geographic area description/depiction to BWSR. An LGU can compose their own resolution provided it incorporates the critical elements found in this template.

Resolution Accepting WCA Implementation Delegation from Another Government Entity Template (docx) – This is a template of an example resolution for an LGU to accept WCA implementation delegation from another government entity. WCA rules require each LGU delegating their statutory WCA implementation duties to another government entity to provide written acknowledgement, including a copy of the delegating resolution, accepting resolution, and applicable geographic area description/depiction to BWSR. An LGU can compose their own resolution provided it incorporates the critical elements found in this template.

Resolution Delegating WCA Decision Making Authority to LGU Staff Template (docx) – This is a template of an example resolution for an LGU to delegate WCA decision-making authority to an LGU staff position or representative consultant. An LGU governing body (council, board, etc.) may delegate all or some WCA decision-making authority to a designated staff position or consultant representing the LGU. A copy of the delegating resolution should be provided to BWSR. An LGU can compose their own resolution provided it incorporates the critical elements found in this template.

Delineation Review Checklist (docx) – This is a checklist that can be used by the LGU and/or TEP members to review a wetland delineation and associated report.

Vegetation Management Plan Checklist (docx) – This is a checklist of basic components of a complete vegetation management plan. It can be used by the LGU and/or TEP to review a vegetation management plan associated with a wetland bank or project-specific replacement plan.

 

 

Contact

Ken Powell
Wetland Conservation Act Operations Coordinator
Tim Smith
Wetland Banking Coordinator