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Wetland Regulation

The presence of wetlands on property intended for development can significantly impact the use and value of the property.  We help clients understand the maze of environmental laws surrounding wetland use and preservation, saving challenging wetlands-related projects significant development time and money.  From the outset of a client’s project, we help steer the project away from regulatory problems and assist with the development of frequently required replacement and restoration wetland projects. 

We regularly counsel clients involved in large industrial projects who are affected by local, state and federal wetland and water laws, assisting with the permitting process and guiding these projects to avoid or minimize environmental liability. 

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Wetland Regulation

We assist clients with wetland-related issues such as:

  • Appropriate siting of replacement wetlands
  • Obtaining section 404 permits from the U.S. Army Corps of Engineers
  • Obtaining state waters work permits
  • Creating wetland mitigation plans that meet local, state and federal guidelines
  • Negotiating with state and federal regulatory agencies regarding appropriate permit conditions
  • Advising clients of the regulatory requirements related to the creation of replacement wetlands
  • Defending clients from state and federal agency allegations of permit and statutory violations
  • Creating or obtaining wetland banking credits
  • Defending challenges to clients’ wetland mitigation efforts in contested case hearings

Among our recent experiences, we have:

  • Obtained approval of a wetland mitigation plan from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources for expansion of industrial activities
  • Defended a client in an alleged unauthorized filling of a wetlands
  • Obtained section 404 permits for wetland impacts on behalf of a variety of industrial clients
  • Defended creation and implementation of a wetland mitigation plan in a contested case hearing
  • Advised clients during environmental review of large excavation and construction projects of the regulatory requirements for the impact to wetlands
Wetland Regulation April 1, 2015