Purpose

This bill changes wetland rules for certain agricultural lands by exempting some wetland replacement plan requirements. It focuses on lands labeled as prior-converted cropland or farmed wetlands and on drainage or other farming activities that are already authorized or common in farming. The goal is to reduce regulatory steps for specific farming-related wetland impacts while keeping oversight and verification through the NRCS and other agencies.

Main Provisions

• Exemption from replacement plans

  • A wetland replacement plan is not required for certain wetland impacts on agricultural land labeled as prior-converted cropland.
  • Exemption also applies to wetland impacts from drainage maintenance activities authorized by the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) on areas labeled farmed wetland, farmedwetland, pasture, and wetland.

• Verification and labeling requirements

  • The landowner/operator must have a valid final certified wetland determination issued by NRCS (in accordance with CFR title 7 part 12) and provide a copy to the NRCS to share with the local government unit and the board for verification.

• Normal farming practices

  • “Normal farming practices” include activities such as plowing, seeding, cultivating, and harvesting for producing feed, food, and fiber, and other silvicultural, grazing, and ranching activities.
  • Importantly, it does not include activities that drain wetlands.

• Other exempted activities (subject to federal coordination)

  • Wetland impacts from aquaculture activities, including pond excavation and the construction/maintenance of access roads and dikes, when conducted under a permit from the U.S. Army Corps of Engineers (USACE) under Section 404 of the federal Clean Water Act (32 U.S.C. 1344). Buildings are not exempted.
  • Wetland impacts from wild rice production activities, including necessary diking and other actions, under USACE Section 404 permit.

• Swampbuster alignment

  • Wetland exemptions for agricultural activities that are consistent with swampbuster provisions of the federal farm program, in line with a memorandum of understanding and related agreements between the board and NRCS.

• County-specific provisions

  • For agricultural land located wholly in Clay, Koochiching, Lake of the Woods, Norman, Roseau, Stearns, or St. Louis counties, exemptions apply if:
  • (i) The land was planted with annually seeded crops before July 5 (with exceptions for crops normally planted after that date in eight of the last ten years before the impact), or
  • (ii) The land was in a crop rotation, seeding of pasture grass, cover crop, or legumes, or was fallow for crop production in eight of the last ten years before the impact.

• Scope and interaction with existing law

  • The bill amends Minnesota Statutes 2024 section 103G.2241, subdivision 1, to create these exemptions and related labeling/verification requirements, while continuing to reference federal permitting and swampbuster considerations.

Significance and Potential Impacts

• Reduced regulatory burden for certain agricultural wetland impacts, particularly those tied to ongoing farming practices and NRCS-approved drainage activities.
• Increased emphasis on verification through NRCS labeling and sharing of information with local authorities and the board.
• Greater alignment with federal programs (Section 404 permits, swampbuster) for specific farming activities, potentially affecting how farmers plan long-term land use and conservation work.

Definitions and Key Concepts (as used in the bill)

• Wetland replacement plan
• Prior-converted cropland
• Farmed wetland / farmedwetland
• Wetland determination (NRCS final certified)
• Normal farming practices (plowing, seeding, cultivating, harvesting)
• Aquaculture and pond excavation
• Dikes and access roads
• U.S. Army Corps of Engineers (USACE)
• Section 404 of the Clean Water Act
• Wild rice production
• Swampbuster provisions
• Memorandum of understanding (MoU) with NRCS
• Local government unit
• Technical Evaluation Panel

Relevant Terms wetland replacement plan; prior-converted cropland; farmed wetland; wetland; NRCS; final certified wetland determination; 7 CFR Part 12; local government unit; Technical Evaluation Panel; normal farming practices; plowing; seeding; cultivating; harvesting; drainage maintenance; aquaculture; pond excavation; dikes; United States Army Corps of Engineers; Section 404; Clean Water Act; wild rice production; swampbuster; memorandum of understanding; board; Clay County; Koochiching County; Lake of the Woods County; Norman County; Roseau County; Stearns County; St. Louis County; annually seeded crops; crop rotation; cover crops; legumes; fallow.