Agricultural land exempted from wetland replacement plan requirements.

A bill for an act

relating to soil and water conservation; exempting certain agricultural land from

wetland replacement plan requirements; amending Minnesota Statutes 2024, section

103G.2241, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 103G.2241, subdivision 1, is amended to

read:

Subdivision 1.

Agricultural activities.

A replacement plan for wetlands is not required

for:

(1) impacts to wetlands on agricultural land labeled prior-converted cropland and impacts

to wetlands resulting from drainage maintenance activities authorized by the United States

Department of Agriculture, Natural Resources Conservation Service, on areas labeled farmed

wetland, farmed-wetland pasture, and wetland. The prior-converted cropland, farmed

wetland, farmed-wetland pasture, or wetland must be labeled on a valid final certified

wetland determination issued by the Natural Resources Conservation Service in accordance

with Code of Federal Regulations, title 7, part 12, as amended. It is the responsibility of the

owner or operator of the land to provide a copy of the final certified wetland determination

to, and allow the Natural Resources Conservation Service to share related information with,

the local government unit and the board for purposes of verification;

(2) activities in a wetland conducted as part of normal farming practices. For purposes

of this clause, "normal farming practices" means farming, silvicultural, grazing, and ranching

activities such as plowing, seeding, cultivating, and harvesting for the production of feed,

food, and fiber products, but does not include activities that result in the draining of wetlands;

(3) soil and water conservation practices approved by the soil and water conservation

district, after review by the Technical Evaluation Panel;

(4) wetland impacts resulting from aquaculture activities, including pond excavation

and construction and maintenance of associated access roads and dikes, authorized under

and conducted in accordance with a permit issued by the United States Army Corps of

Engineers under section 404 of the federal Clean Water Act, United States Code, title 33,

section 1344, but not including construction or expansion of buildings;

(5) wetland impacts resulting from wild rice production activities, including necessary

diking and other activities, authorized under and conducted in accordance with a permit

issued by the United States Army Corps of Engineers under section 404 of the federal Clean

Water Act, United States Code, title 33, section 1344;
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or
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(6) agricultural activities on agricultural land that is subject to the swampbuster provisions

of the federal farm program restrictions consistent with a memorandum of understanding

and related agreements between the board and the United States Department of Agriculture,

Natural Resources Conservation Service
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.
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; or
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(7) impacts to agricultural land located wholly in Clay, Koochiching, Lake of the Woods,

Norman, Roseau, Stearns, or St. Louis County that:

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(i) was planted with annually seeded crops before July 5, except for crops that are

normally planted after that date, in eight out of the ten most recent years before the impact;

or

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(ii) was in a crop rotation seeding of pasture grass, cover crop, or legumes or was fallow

for a crop production purpose in eight out of the ten most recent years before the impact.

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