Ag Wetland Banking
A Win-Win Opportunity for MN
Les Lemm
Wetland Conservation Act Coordinator
Minnesota Board of Water and Soil Resources
January 18, 2012
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Regulation of Wetlands on Ag
Land in Minnesota
USDA Farm Bill wetland compliance
requirements since December 1985.
State Wetland Conservation Act (WCA)
passed in 1991.
 Applies
to all wetlands in MN
 Includes exemptions (several relevant to ag)
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Current Situation
Swampbuster national policy: certified
wetland determination for all new
drainage projects.
Increased interest in tiling = increased
demand for wetland replacement.
WCA funding inadequate for
comprehensive review of ag projects.
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BWSR and NRCS
Similar Goals
Similar Program
Responsibilities
Same Clientele
Opportunity
for
Partnerships
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BWSR-NRCS MOU 12-23-09
1) Communication, Information Sharing,
and Coordination
2) Delineation of Wetland Boundaries
3) Wetland Violations
4) Wetland Mitigation
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BWSR-NRCS MOU
Wetland Mitigation Specifics
a) Banking according to WCA standards provides
acceptable mitigation for WCA and
Swampbuster.
b) Goal: BWSR conservation easement and
monitoring sufficient for NRCS.
c) Conduct joint review of replacement
requirements; ID mutually acceptable
standards.
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BWSR-NRCS
9-21-11 Contribution Agreement
Agricultural Wetland Mitigation:
 “BWSR, as the administrator of the State
Wetland Bank in Minnesota, will assist NRCS
to increase the opportunities available for
mitigation of agricultural wetland impacts
through banking or other means.”
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BWSR-NRCS Contribution Agreement
Mitigation Specifics
 Develop MOU for jointly acceptable wetland
replacement standards and the operation of a
single-use wetland bank for agricultural
wetland mitigation for WCA and Swampbuster.
 Set up the ag banking system, including
necessary revisions to forms, procedures, and
requirements for to support interagency use.
 Provide training and outreach.
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Wetland Banking in MN
 State wetland banking system authorized in
1993 by MN Stat. 103G.2242.
 BWSR is responsible for the operation and
management of the bank.
 Landowners/organizations can determine the
users of their credits, and BWSR can establish
dedicated or single-use accounts.
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Relevant WCA Statutes
MN Stat.103G.2242, Subd. 1
 The WCA rules “may include provisions
allowing monetary payment to the wetland
banking program for alteration of wetlands on
agricultural land…”
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Relevant WCA Statutes
103G.222, Subd. 1(c): “If a wetland is located in
a cultivated field, then replacement must be
accomplished through restoration only without
regard to [sequencing]…”
2006
2011
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Relevant WCA Statutes
103G.222, Subdivision 1(a): “Wetlands must not
be drained or filled, wholly or partially, unless
replaced by restoring or creating wetland areas of
at least equal public value…”
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Relevant WCA Statutes
103B.3355:
 (a) “The public values of wetlands must be
determined based upon the functions of
wetlands…”
 (c) “[BWSR approved methodologies and
criteria] must be used to determine the
functions and resulting public values of
wetlands in the state.”
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Summary of Current Status
 Statutory authority currently exists to establish
an agricultural bank.
 Current statute provides flexibility for impacts
and replacement of degraded agricultural
wetlands.
 Agricultural interests want to establish an
adequate supply of reasonably priced credits
for ag projects that can work for both WCA and
Swampbuster.
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The Agricultural Wetland Bank
 Restored wetlands in ag landscapes only.
 Impacts limited to farmed, degraded wetlands
(FWs).
 Current WCA replacement standards.
 Expected high interest in restored wetlands
under expiring CRP contracts.
 Current replacement wetland engineering and
construction standards.
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Benefits of the Ag Bank
 Better interagency coordination and efficiency –
works for both WCA and Swampbuster.
 Replacement for WCA-exempt ag wetlands.
 Adequate credit supply and regulatory flexibility
for eligible users.
 Better targeting
of sites.
 Expanded market
for ag bankers.
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What’s Next?
 More meetings with ag groups.
 General guidance/fact sheets on ag banking.
 Guidance on using MNRAM to evaluate wetlands
restored under CRP for ag banking.
 Training for LGUs, SWCDs, and NRCS staff.
 Additional guidance, updates to forms, banking
software upgrade, etc.
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Result: Win-Win for Agriculture
and our Natural Resources
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For More Information
Contact your BWSR Sr. Wetland Specialist
See the BWSR website: www.bwsr.state.mn.us
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