All documents below are archive docs.
WCA Rulemaking Overview
The Minnesota Board of Water and Soil Resources (BWSR) is responsible for promulgation of the Wetland Conservation Act (WCA) Rules. The current WCA Rule was adopted in 2009 and multiple statute changes have occurred since adoption. 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).
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. WCA Rulemaking Plan.
Current Draft WCA Rule
This current version of the WCA rule is not final and is shared for informational purposes only. It remains subject to change until published as the Notice of Intent to Adopt Rules in the State Register, which will initiate a 60-day comment period. Comments submitted before that time are not part of the official rulemaking record.
The draft rule proposes to clarify requirements and procedures; update and modernize outdated rule provisions; improve mitigation outcomes; increase consistency with federal wetland regulations; and implement certain changes to improve the efficiency, effectiveness, and/or outcomes of the rule. It was developed in consideration of input received from the Revisor’s Office and from the review of earlier preliminary drafts of the rule. You may contact BWSR rulemaking staff (listed below) to discuss any proposed rule amendments.
The draft Board order will be considered by the BWSR Board to authorize the publication of the draft rule in the State Register for comment, along with other required steps under the Minnesota Administrative Procedures Act.
Draft WCA Rule – Revisor Certified 7-1-26
Earlier Preliminary Draft Rule Versions
2-2-26 Preliminary Draft Rule
4/25/2025 Preliminary Draft Rule
11/12/2024 Preliminary Draft Rule
- Strikeout/Underline Version 11/12/2024
Current Rule and Statutes
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
Listening Sessions for Local Government Staff
- 11-25-2024 Meeting Recording
- 12-17-2024 Meeting Recording
Wetlands Advisory Committee Meetings
- 5-22-2025 Meeting Recording
- 1-15-2025 Meeting Recording
- 12-18-2025 Meeting Recording
- 11-20-2024 Meeting Recording & Powerpoint Presentation
- 4-25-2023 Meeting Recording & Powerpoint Presentation
- 9-27-2022 Meeting Recording & Powerpoint Presentation
- 8-18-2022 Meeting Recording & Powerpoint Presentation
11-15-2023 Wetland Bankers Meeting: Meeting Recording & Powerpoint Presentation
Rulemaking Comments
Related Information
Rare Natural Communities Draft Rules and Analysis
Wetland Replacement Siting Fact Sheet
Bank Service and Presettlement Areas. The current preliminary draft WCA rule proposes a board process to establish wetland bank service areas (BSAs). BWSR staff have coordinated with the U.S. Army Corps of Engineers to identify potential adjustments to the current BSAs. These adjustments were first made public in 2015 and have been presented at multiple venues since that time. In addition, 2017 amendments to statute tied presettlement wetland areas to BSAs. The following figures depict the potential changes to both:
- BSA Comparison (pdf)
- Proposed >80 Presettlement Area (pdf)
A "grandfathering" provision is proposed for wetland banks approved prior to any BSA change. The following document illustrates how it would work if passed. Note that this is only relevant if if the proposed process for defining BSAs is adopted in the final rule and the Board subsequently decides to adopt the BSA changes proposed by staff.
Wetland Bank Review and Decision Process. The current preliminary draft WCA rule proposes a new wetland bank approval process consistent with 2024 amendments to statute. The following table is a comparison of the proposed process with the process used by the U.S. Army Corps of Engineers under the Federal Mitigation Rule.
HGM Classes for Minnesota. Changes to statutes and proposed rule changes include defining "wetland type" based on HGM class rather than the U.S. Fish and Wildlife Service's Circular 39 wetland types. As such, the following HGM classes and associated key have been developed for use after rule adoption.
- HGM Classes and Key for Minnesota (July 2026 version)
E-mail Distribution List
If you would like to be added to the e-mail distribution list for WCA rulemaking updates and to receive the Notice of Intent to Adopt Rules when published, please e-mail your name (first and last), organization, and e-mail address to bwsr.wcarulemaking@state.mn.us.