The Minnesota Board of Water and Soil Resources (BWSR) is responsible for promulgation of the Wetland Conservation Act (WCA) Rules. The WCA Rules are codified in Minnesota Rules Chapter 8420 based on the standards and authorizations contained in state statute. WCA took effect with an interim program in 1992 and began operating under formally adopted rules in January 1994. The Legislature has passed numerous amendments to WCA since its original passage and the rules have undergone multiple revisions. The current WCA Rule was adopted in 2009 and multiple statute changes have occurred since adoption.
Rulemaking in Minnesota follows the procedures outlined in the Minnesota Administrative Procedure Act (APA), Minnesota Statutes, Chapter 14. BWSR staff utilize the Minnesota Rulemaking Manual as a procedural guide for WCA Rulemaking. The current WCA Rulemaking process was initiated in 2015 when an initial request for comments was published in the State Register. Supplemental requests for comments were published on January 20, 2022 and July 8, 2024.
This page contains information relating to WCA Rulemaking, WCA statutes, public comments, and stakeholder participation. See our page on the WCA statute changes related to this rulemaking 2011 – 2024 WCA Statute Changes (link).
Preliminary Draft WCA Rule (November 12, 2024)
BWSR is posting a preliminary draft Wetland Conservation Act (WCA) rule that reconciles the rule with statutory amendments that occurred in 2011, 2012, 2015, 2017 and 2024. The preliminary draft rule also proposes to clarify requirements and procedures; update and modernize outdated rule provisions; improve wetland mitigation outcomes; increase consistency with federal wetland regulations; and implement certain other changes to improve the efficiency, effectiveness, and/or outcomes of the rule.
This preliminary draft is being made available to enable early review and comment by the public prior to initiation of the formal rulemaking process. Revisions to this preliminary draft may occur in response to comments (including those resulting from the 2024 Request for Comments), feedback received, and continued internal review. Any such revisions will be incorporated into future versions of the draft rule. If you wish to provide feedback in response to this preliminary draft, please submit it to bwsr.wcarulemaking@state.mn.us by December 20, 2024.
11-12-24 Preliminary Draft WCA Rule
Draft WCA Rule Listening Sessions for Local Government Staff
BWSR will be conduct two listening sessions to solicit comments and respond to questions on the draft Wetland Conservation Act (WCA) rule from Local Government staff responsible for implementing the WCA, Soil & Water Conservation District staff who serve on a Technical Evaluation Panel (TEP), and consultants who represent a WCA Local Government Unit (LGU). Registration is required if you wish to participate in one of these online sessions. A complete Draft WCA Rule will be posted at least one week prior to the first session, and session registrants will be notified when it is posted. Sessions will be recorded and posted on this page. These sessions are just one of the options for providing input on the Draft WCA Rule. Comments on the draft rule may be sent to any of the listed contacts at the bottom of this page at anytime during this informal portion of the rulemaking process. BWSR staff are also available to meet with individuals or groups to discuss the draft rule. After adoption of the draft rule by the Board (early 2025), there will be additional opportunities to provide comments during the formal rulemaking process. To better focus our listening sessions, we are asking registrants to notify Lewis Brockette of any specific rule provisions you would like to discuss during the session. We will use this feedback to help prioritize the agenda for the sessions.
November 25, 1 - 3:30pm
December 17, 1 - 3:30pm
Registration Link: LGU Listening Sessions Registration
Rulemaking Information
WCA Rulemaking Plan 5/16/2024 (pdf)
Current WCA Rule (adopted in 2009)
- MN Rules Chapter 8420 (link to the Revisor’s website, listed by rule part)
- MN Rules Chapter 8420 (pdf of entire chapter)
Compilation of Relevant WCA Statutes (link)
2011 – 2024 WCA Statute Changes (link)
Public Involvement and Input
Wetland Bankers Meeting 11-15-2023
Wetlands Advisory Committee Meeting 4-25-23
Wetlands Advisory Committee Meeting 9-27-22
Wetlands Advisory Committee Meeting 8-18-22
Comments Received - Requests for Comments
E-mail Distribution List
If you would like to be added to the e-mail distribution list for WCA rulemaking updates, please e-mail your name (first and last), organization, and e-mail address to bwsr.wcarulemaking@state.mn.us.