The Minnesota Pollution Control Agency (MPCA) has denied a request from the Minnesota Center for Environmental Advocacy (MCEA), a coalition of environmental activist organizations, to adopt a regulatory permitting program requiring agriculture drainage projects to be granted a MWPCA permit before construction of drainage ditches and systems can proceed. Minnesota LICA and National LICA joined with the Agricultural Drainage Management Coalition asking MPCA to deny the petition.
In turning down the request, MPCA pointed out that drainage ditches have been used in Minnesota since at least the 1880s without the Legislature ever seeing a need to mandate permit requirements. Without a legislative mandate the agency does not have the authority to move forward. In addition, the Legislature has not dedicated any funds to establish and run this proposed permitting program. Given that there are estimated to be thousands of miles of drainage ditches throughout Minnesota, the cost to develop and operate such a program would be substantial.
In issuing its decision, MPCA also pointed out that its efforts and resources are best spent continuing to focus on the initiatives it already has underway to protect Minnesota’s waterways, including implementing new changes in the reissued animal feedlot general permits, completing its ongoing rulemaking related to animal feedlots, and implementing the Wastewater Nitrogen Reduction Strategy. MPCA response says denying the request, “will also allow the Clean Water Fund to continue to support many diverse projects throughout the state, which range from wetland and habitat restoration to water storage, that are vital to keeping our water healthy.”
LICA believes that permit requirements are unnecessary as the existing system provides the necessary balance between practical land drainage needs and environmental impacts. Had Minnesota taken steps to require permits for these drainage systems it could lead to similar actions in other states.