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 2/20/25 (pdf).
Preliminary Draft WCA Rule
An 11-12-24 Preliminary Draft WCA Rule was made available to enable early review and comment by the public prior to completion of a final draft rule and SONAR (Statement of Need and Reasonableness) and associated publication of a required notice in the State Register. The preliminary draft rule 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 The preliminary draft rule also proposes to clarify requirements and procedures; update and modernize outdated rule provisions; improve mitigation outcomes; increase consistency with federal wetland regulations; and implement certain changes to improve the efficiency, effectiveness, and/or outcomes of the rule.
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
- 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
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. The se 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)
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.
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.