SF 3677

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/20/2026 09:33 a.m.

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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) impacts to agricultural land located wholly in Clay, Koochiching, Lake of the Woods,
Norman, Roseau, Stearns, or St. Louis County that:
new text end

new text begin (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
new text end

new text begin (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.
new text end