Bill Text: MN HF1610 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Wetlands provisions modified.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-04-28 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF1610 Detail]
Download: Minnesota-2011-HF1610-Introduced.html
1.2relating to natural resources; modifying wetlands provisions;amending
1.3Minnesota Statutes 2010, sections 103G.005, by adding a subdivision; 103G.222,
1.4subdivisions 1, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.005, is amended by adding a
1.7subdivision to read:
1.8 Subd. 17c. Wetland bank service area. "Wetland bank service area" means the
1.9geographic area established by rule in which permitted impacts may be replaced by
1.10wetland restoration or purchase of wetland bank credits.
1.11 Sec. 2. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
1.12 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
1.13or partially, unless replaced by restoring or creating wetland areas of at least equal
1.14public value under a replacement plan approved as provided in section103G.2242 , a
1.15replacement plan under a local governmental unit's comprehensive wetland protection
1.16and management plan approved by the board under section103G.2243 , or, if a permit to
1.17mine is required under section93.481 , under a mining reclamation plan approved by the
1.18commissioner under the permit to mine. Mining reclamation plans shall apply the same
1.19principles and standards for replacing wetlands by restoration or creation of wetland areas
1.20that are applicable to mitigation plans approved as provided in section103G.2242 . Public
1.21value must be determined in accordance with section103B.3355 or a comprehensive
1.22wetland protection and management plan established under section103G.2243 . Sections
2.1103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
2.2flooded areas of types 3, 4, and 5 wetlands.
2.3 (b) Replacement must be guided by the following principles in descending order
2.4of priority:
2.5 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.6the wetland;
2.7 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.8activity and its implementation;
2.9 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.10wetland environment;
2.11 (4) reducing or eliminating the impact over time by preservation and maintenance
2.12operations during the life of the activity;
2.13 (5) compensating for the impact by restoring a wetland; and
2.14 (6) compensating for the impact by replacing or providing substitute wetland
2.15resources or environments.
2.16 For a project involving the draining or filling of wetlands in an amount not exceeding
2.1710,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
2.18paragraph (a), the local government unit may make an on-site sequencing determination
2.19without a written alternatives analysis from the applicant.
2.20 (c) If a wetland is located in a cultivated field, then replacement must be
2.21accomplished through restoration only without regard to the priority order in paragraph
2.22(b), provided that a deed restriction is placed on the altered wetland prohibiting
2.23nonagricultural use for at least ten years.
2.24 (d) If a wetland is drained under section103G.2241, subdivision 2 , paragraphs
2.25(b) and (e), the local government unit may require a deed restriction that prohibits
2.26nonagricultural use for at least ten years unless the drained wetland is replaced as provided
2.27under this section. The local government unit may require the deed restriction if it
2.28determines the wetland area drained is at risk of conversion to a nonagricultural use within
2.29ten years based on the zoning classification, proximity to a municipality or full service
2.30road, or other criteria as determined by the local government unit.
2.31 (e) Except as provided in paragraph (n), restoration and replacement of wetlands
2.32must be accomplished in accordance with the ecology of the landscape area affected and
2.33ponds that are created primarily to fulfill storm water management, and water quality
2.34treatment requirements may not be used to satisfy replacement requirements under this
2.35chapter unless the design includes pretreatment of runoff and the pond is functioning as a
3.1wetland. For actions occurring under paragraph (n), replacement of wetlands must not be
3.2inconsistent with any established management plan for the publicly owned lands.
3.3 (f) Except as provided inparagraph paragraphs (g) and (n), for a wetland or public
3.4waters wetland located on nonagricultural land, replacement must be in the ratio of two
3.5acres of replaced wetland for each acre of drained or filled wetland.
3.6 (g) Except as provided in paragraph (n), for a wetland or public waters wetland
3.7located on agricultural land or in a greater than 80 percent area, replacement must be in
3.8the ratio of one acre of replaced wetland for each acre of drained or filled wetland.
3.9 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.10are subject to the provisions of this section for any subsequent drainage or filling.
3.11 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.12from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.13wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.14created by dikes or dams associated with the restoration of previously drained or filled
3.15wetlands may be used in a statewide banking program established in rules adopted under
3.16section103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally
3.17occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.18wetlands bank.
3.19 (j) The Technical Evaluation Panel established under section103G.2242, subdivision
3.202 , shall ensure that sufficient time has occurred for the wetland to develop wetland
3.21characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.22be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
3.23to believe that the wetland characteristics may change substantially, the panel shall
3.24postpone its recommendation until the wetland has stabilized.
3.25 (k) This section and sections103G.223 to
103G.2242 ,
103G.2364 , and
103G.2365
3.26apply to the state and its departments and agencies.
3.27 (l) For projects involving draining or filling of wetlands associated with a new public
3.28transportation project, and for projects expanded solely for additional traffic capacity,
3.29public transportation authorities may purchase credits from the board at the cost to the
3.30board to establish credits. Proceeds from the sale of credits provided under this paragraph
3.31are appropriated to the board for the purposes of this paragraph. For the purposes of this
3.32paragraph, "transportation project" does not include an airport project.
3.33 (m) A replacement plan for wetlands is not required for individual projects that
3.34result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
3.35or replacement of a currently serviceable existing state, city, county, or town public road
3.36necessary, as determined by the public transportation authority, to meet state or federal
4.1design or safety standards or requirements, excluding new roads or roads expanded solely
4.2for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.3transportation projects that:
4.4 (1) minimize the amount of wetland filling or draining associated with the project
4.5and consider mitigating important site-specific wetland functions on site;
4.6 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.7Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.8public requesting a copy at least 30 days prior to construction that indicate the location,
4.9amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.10convene an annual meeting of the parties required to receive notice to review projects to
4.11be commenced during the upcoming year; and
4.12 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.13feet, submit project-specific reports, within 30 days of commencing the activity, to the
4.14board that indicate the location, amount, and type of wetlands that have been filled
4.15or drained.
4.16 Those required to receive notice of public transportation projects may appeal
4.17minimization, delineation, and on-site mitigation decisions made by the public
4.18transportation authority to the board according to the provisions of section103G.2242,
4.19subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
4.20decisions made by the public transportation authority and provide recommendations
4.21regarding on-site mitigation if requested to do so by the local government unit, a
4.22contiguous landowner, or a member of the Technical Evaluation Panel.
4.23 Except for state public transportation projects, for which the state Department of
4.24Transportation is responsible, the board must replace the wetlands, and wetland areas of
4.25public waters if authorized by the commissioner or a delegated authority, drained or filled
4.26by public transportation projects on existing roads.
4.27 Public transportation authorities at their discretion may deviate from federal and
4.28state design standards on existing road projects when practical and reasonable to avoid
4.29wetland filling or draining, provided that public safety is not unreasonably compromised.
4.30The local road authority and its officers and employees are exempt from liability for
4.31any tort claim for injury to persons or property arising from travel on the highway and
4.32related to the deviation from the design standards for construction or reconstruction under
4.33this paragraph. This paragraph does not preclude an action for damages arising from
4.34negligence in construction or maintenance on a highway.
4.35(n) For actions taken by a unit of government as part of public water resource
4.36projects, which actions are implemented as part of a watershed or local water resource
5.1management plan under chapter 103B or 103D or within an area covered by a
5.2comprehensive wetland protection and management plan and result in wetland or public
5.3waters wetland losses, the wetland losses may be replaced by restoration, creation, or
5.4enhancement of wetlands on publicly owned lands. The state and its agencies shall
5.5cooperate with units of government to allow for the replacement on publicly owned lands
5.6and shall not charge units of government for the privilege of replacing wetland impacts
5.7on publicly owned lands. In addition to the replacement actions recognized in section
5.8103G.2242, subdivision 12, replacement occurring under this paragraph includes the
5.9reestablishment of permanent native, noninvasive vegetative cover on a wetland degraded
5.10by invasive vegetation. Replacement occurring under this paragraph shall be made in the
5.11ratio of one acre of replaced wetland for each acre of drained or filled wetland.
5.12(n) (o) If a landowner seeks approval of a replacement plan after the proposed
5.13project has already affected the wetland, the local government unit may require the
5.14landowner to replace the affected wetland at a ratio not to exceed twice the replacement
5.15ratio otherwise required.
5.16(o) (p) A local government unit may request the board to reclassify a county or
5.17watershed on the basis of its percentage of presettlement wetlands remaining. After
5.18receipt of satisfactory documentation from the local government, the board shall change
5.19the classification of a county or watershed. If requested by the local government unit,
5.20the board must assist in developing the documentation. Within 30 days of its action to
5.21approve a change of wetland classifications, the board shall publish a notice of the change
5.22in the Environmental Quality Board Monitor.
5.23(p) (q) One hundred citizens who reside within the jurisdiction of the local
5.24government unit may request the local government unit to reclassify a county or watershed
5.25on the basis of its percentage of presettlement wetlands remaining. In support of their
5.26petition, the citizens shall provide satisfactory documentation to the local government unit.
5.27The local government unit shall consider the petition and forward the request to the board
5.28under paragraph(o) (p) or provide a reason why the petition is denied.
5.29 Sec. 3. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
5.30 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
5.31this priority order:
5.32 (1) on site or in the same minor watershed as the affected wetland;
5.33 (2) in the same watershed as the affected wetland;
5.34 (3) in the same county as the affected wetland;
6.1 (4) for replacement by wetland banking, in the same wetland bank service area as
6.2the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
6.3a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
6.4less than 50 percent area;
6.5 (5) for project specific replacement, in an adjacent watershed to the affected wetland,
6.6or for replacement by wetland banking, in an adjacent wetland bank service area, except
6.7that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent area and
6.8impacts in a less than 50 percent area must be replaced in a less than 50 percent area;and
6.9(6) for replacement occurring under subdivision 1, paragraph (n), in: (i) areas
6.10identified as priority locations for wetland restoration in a plan, report, or mapping
6.11system of a nongovernmental organization, conservation group, or state agency; or (ii)
6.12the watershed of the impact unless reasonable, practical, and environmentally beneficial
6.13replacement opportunities do not exist on publicly owned lands in the watershed of the
6.14impact. If reasonable, practical, and environmentally beneficial replacement opportunities
6.15do not exist on publicly owned lands in the watershed of the impact, then replacement
6.16shall occur, in order of priority, in the wetland bank service area where the impact occurs
6.17or in an adjacent wetland bank service area. The siting requirements of paragraph (c) do
6.18not apply to replacements occurring under subdivision 1, paragraph (n); and
6.19(6) (7) statewide for public transportation projects, except that wetlands affected in
6.20less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands
6.21affected in the seven-county metropolitan area must be replaced at a ratio of two to one in:
6.22(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one
6.23of the major watersheds that are wholly or partially within the seven-county metropolitan
6.24area, but at least one to one must be replaced within the seven-county metropolitan area.
6.25 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
6.26percent areas may follow the priority order under this paragraph: (1) by wetland banking
6.27after evaluating on-site replacement and replacement within the watershed; (2) replaced
6.28in an adjacent wetland bank service area if wetland bank credits are not reasonably
6.29available in the same wetland bank service area as the affected wetland, as determined by
6.30a comprehensive inventory approved by the board; and (3) statewide.
6.31 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
6.32metropolitan area must follow the priority order under this paragraph: (1) in the affected
6.33county; (2) in another of the seven metropolitan counties; or (3) in one of the major
6.34watersheds that are wholly or partially within the seven-county metropolitan area, but at
6.35least one to one must be replaced within the seven-county metropolitan area.
7.1 (d) The exception in paragraph (a), clause (6), does not apply to replacement
7.2completed using wetland banking credits established by a person who submitted a
7.3complete wetland banking application to a local government unit by April 1, 1996.
7.4 (e) When reasonable, practicable, and environmentally beneficial replacement
7.5opportunities are not available in siting priorities listed in paragraph (a), the applicant
7.6may seek opportunities at the next level.
7.7 (f) For the purposes of this section, "reasonable, practicable, and environmentally
7.8beneficial replacement opportunities" are defined as opportunities that:
7.9 (1) take advantage of naturally occurring hydrogeomorphological conditions and
7.10require minimal landscape alteration;
7.11 (2) have a high likelihood of becoming a functional wetland that will continue
7.12in perpetuity;
7.13 (3) do not adversely affect other habitat types or ecological communities that are
7.14important in maintaining the overall biological diversity of the area; and
7.15 (4) are available and capable of being done after taking into consideration cost,
7.16existing technology, and logistics consistent with overall project purposes.
7.17 (g) Regulatory agencies, local government units, and other entities involved in
7.18wetland restoration shall collaborate to identify potential replacement opportunities within
7.19their jurisdictional areas.
1.3Minnesota Statutes 2010, sections 103G.005, by adding a subdivision; 103G.222,
1.4subdivisions 1, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.005, is amended by adding a
1.7subdivision to read:
1.8 Subd. 17c. Wetland bank service area. "Wetland bank service area" means the
1.9geographic area established by rule in which permitted impacts may be replaced by
1.10wetland restoration or purchase of wetland bank credits.
1.11 Sec. 2. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
1.12 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
1.13or partially, unless replaced by restoring or creating wetland areas of at least equal
1.14public value under a replacement plan approved as provided in section
1.15replacement plan under a local governmental unit's comprehensive wetland protection
1.16and management plan approved by the board under section
1.17mine is required under section
1.18commissioner under the permit to mine. Mining reclamation plans shall apply the same
1.19principles and standards for replacing wetlands by restoration or creation of wetland areas
1.20that are applicable to mitigation plans approved as provided in section
1.21value must be determined in accordance with section
1.22wetland protection and management plan established under section
2.2flooded areas of types 3, 4, and 5 wetlands.
2.3 (b) Replacement must be guided by the following principles in descending order
2.4of priority:
2.5 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.6the wetland;
2.7 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.8activity and its implementation;
2.9 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.10wetland environment;
2.11 (4) reducing or eliminating the impact over time by preservation and maintenance
2.12operations during the life of the activity;
2.13 (5) compensating for the impact by restoring a wetland; and
2.14 (6) compensating for the impact by replacing or providing substitute wetland
2.15resources or environments.
2.16 For a project involving the draining or filling of wetlands in an amount not exceeding
2.1710,000 square feet more than the applicable amount in section
2.18paragraph (a), the local government unit may make an on-site sequencing determination
2.19without a written alternatives analysis from the applicant.
2.20 (c) If a wetland is located in a cultivated field, then replacement must be
2.21accomplished through restoration only without regard to the priority order in paragraph
2.22(b), provided that a deed restriction is placed on the altered wetland prohibiting
2.23nonagricultural use for at least ten years.
2.24 (d) If a wetland is drained under section
2.25(b) and (e), the local government unit may require a deed restriction that prohibits
2.26nonagricultural use for at least ten years unless the drained wetland is replaced as provided
2.27under this section. The local government unit may require the deed restriction if it
2.28determines the wetland area drained is at risk of conversion to a nonagricultural use within
2.29ten years based on the zoning classification, proximity to a municipality or full service
2.30road, or other criteria as determined by the local government unit.
2.31 (e) Except as provided in paragraph (n), restoration and replacement of wetlands
2.32must be accomplished in accordance with the ecology of the landscape area affected and
2.33ponds that are created primarily to fulfill storm water management, and water quality
2.34treatment requirements may not be used to satisfy replacement requirements under this
2.35chapter unless the design includes pretreatment of runoff and the pond is functioning as a
3.1wetland. For actions occurring under paragraph (n), replacement of wetlands must not be
3.2inconsistent with any established management plan for the publicly owned lands.
3.3 (f) Except as provided in
3.4waters wetland located on nonagricultural land, replacement must be in the ratio of two
3.5acres of replaced wetland for each acre of drained or filled wetland.
3.6 (g) Except as provided in paragraph (n), for a wetland or public waters wetland
3.7located on agricultural land or in a greater than 80 percent area, replacement must be in
3.8the ratio of one acre of replaced wetland for each acre of drained or filled wetland.
3.9 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.10are subject to the provisions of this section for any subsequent drainage or filling.
3.11 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.12from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.13wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.14created by dikes or dams associated with the restoration of previously drained or filled
3.15wetlands may be used in a statewide banking program established in rules adopted under
3.16section
3.17occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.18wetlands bank.
3.19 (j) The Technical Evaluation Panel established under section
3.202
3.21characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.22be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
3.23to believe that the wetland characteristics may change substantially, the panel shall
3.24postpone its recommendation until the wetland has stabilized.
3.25 (k) This section and sections
3.27 (l) For projects involving draining or filling of wetlands associated with a new public
3.28transportation project, and for projects expanded solely for additional traffic capacity,
3.29public transportation authorities may purchase credits from the board at the cost to the
3.30board to establish credits. Proceeds from the sale of credits provided under this paragraph
3.31are appropriated to the board for the purposes of this paragraph. For the purposes of this
3.32paragraph, "transportation project" does not include an airport project.
3.33 (m) A replacement plan for wetlands is not required for individual projects that
3.34result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
3.35or replacement of a currently serviceable existing state, city, county, or town public road
3.36necessary, as determined by the public transportation authority, to meet state or federal
4.1design or safety standards or requirements, excluding new roads or roads expanded solely
4.2for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.3transportation projects that:
4.4 (1) minimize the amount of wetland filling or draining associated with the project
4.5and consider mitigating important site-specific wetland functions on site;
4.6 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.7Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.8public requesting a copy at least 30 days prior to construction that indicate the location,
4.9amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.10convene an annual meeting of the parties required to receive notice to review projects to
4.11be commenced during the upcoming year; and
4.12 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.13feet, submit project-specific reports, within 30 days of commencing the activity, to the
4.14board that indicate the location, amount, and type of wetlands that have been filled
4.15or drained.
4.16 Those required to receive notice of public transportation projects may appeal
4.17minimization, delineation, and on-site mitigation decisions made by the public
4.18transportation authority to the board according to the provisions of section
4.19subdivision 9
4.20decisions made by the public transportation authority and provide recommendations
4.21regarding on-site mitigation if requested to do so by the local government unit, a
4.22contiguous landowner, or a member of the Technical Evaluation Panel.
4.23 Except for state public transportation projects, for which the state Department of
4.24Transportation is responsible, the board must replace the wetlands, and wetland areas of
4.25public waters if authorized by the commissioner or a delegated authority, drained or filled
4.26by public transportation projects on existing roads.
4.27 Public transportation authorities at their discretion may deviate from federal and
4.28state design standards on existing road projects when practical and reasonable to avoid
4.29wetland filling or draining, provided that public safety is not unreasonably compromised.
4.30The local road authority and its officers and employees are exempt from liability for
4.31any tort claim for injury to persons or property arising from travel on the highway and
4.32related to the deviation from the design standards for construction or reconstruction under
4.33this paragraph. This paragraph does not preclude an action for damages arising from
4.34negligence in construction or maintenance on a highway.
4.35(n) For actions taken by a unit of government as part of public water resource
4.36projects, which actions are implemented as part of a watershed or local water resource
5.1management plan under chapter 103B or 103D or within an area covered by a
5.2comprehensive wetland protection and management plan and result in wetland or public
5.3waters wetland losses, the wetland losses may be replaced by restoration, creation, or
5.4enhancement of wetlands on publicly owned lands. The state and its agencies shall
5.5cooperate with units of government to allow for the replacement on publicly owned lands
5.6and shall not charge units of government for the privilege of replacing wetland impacts
5.7on publicly owned lands. In addition to the replacement actions recognized in section
5.8103G.2242, subdivision 12, replacement occurring under this paragraph includes the
5.9reestablishment of permanent native, noninvasive vegetative cover on a wetland degraded
5.10by invasive vegetation. Replacement occurring under this paragraph shall be made in the
5.11ratio of one acre of replaced wetland for each acre of drained or filled wetland.
5.12
5.13project has already affected the wetland, the local government unit may require the
5.14landowner to replace the affected wetland at a ratio not to exceed twice the replacement
5.15ratio otherwise required.
5.16
5.17watershed on the basis of its percentage of presettlement wetlands remaining. After
5.18receipt of satisfactory documentation from the local government, the board shall change
5.19the classification of a county or watershed. If requested by the local government unit,
5.20the board must assist in developing the documentation. Within 30 days of its action to
5.21approve a change of wetland classifications, the board shall publish a notice of the change
5.22in the Environmental Quality Board Monitor.
5.23
5.24government unit may request the local government unit to reclassify a county or watershed
5.25on the basis of its percentage of presettlement wetlands remaining. In support of their
5.26petition, the citizens shall provide satisfactory documentation to the local government unit.
5.27The local government unit shall consider the petition and forward the request to the board
5.28under paragraph
5.29 Sec. 3. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
5.30 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
5.31this priority order:
5.32 (1) on site or in the same minor watershed as the affected wetland;
5.33 (2) in the same watershed as the affected wetland;
5.34 (3) in the same county as the affected wetland;
6.1 (4) for replacement by wetland banking, in the same wetland bank service area as
6.2the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
6.3a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
6.4less than 50 percent area;
6.5 (5) for project specific replacement, in an adjacent watershed to the affected wetland,
6.6or for replacement by wetland banking, in an adjacent wetland bank service area, except
6.7that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent area and
6.8impacts in a less than 50 percent area must be replaced in a less than 50 percent area;
6.9(6) for replacement occurring under subdivision 1, paragraph (n), in: (i) areas
6.10identified as priority locations for wetland restoration in a plan, report, or mapping
6.11system of a nongovernmental organization, conservation group, or state agency; or (ii)
6.12the watershed of the impact unless reasonable, practical, and environmentally beneficial
6.13replacement opportunities do not exist on publicly owned lands in the watershed of the
6.14impact. If reasonable, practical, and environmentally beneficial replacement opportunities
6.15do not exist on publicly owned lands in the watershed of the impact, then replacement
6.16shall occur, in order of priority, in the wetland bank service area where the impact occurs
6.17or in an adjacent wetland bank service area. The siting requirements of paragraph (c) do
6.18not apply to replacements occurring under subdivision 1, paragraph (n); and
6.19
6.20less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands
6.21affected in the seven-county metropolitan area must be replaced at a ratio of two to one in:
6.22(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one
6.23of the major watersheds that are wholly or partially within the seven-county metropolitan
6.24area, but at least one to one must be replaced within the seven-county metropolitan area.
6.25 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
6.26percent areas may follow the priority order under this paragraph: (1) by wetland banking
6.27after evaluating on-site replacement and replacement within the watershed; (2) replaced
6.28in an adjacent wetland bank service area if wetland bank credits are not reasonably
6.29available in the same wetland bank service area as the affected wetland, as determined by
6.30a comprehensive inventory approved by the board; and (3) statewide.
6.31 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
6.32metropolitan area must follow the priority order under this paragraph: (1) in the affected
6.33county; (2) in another of the seven metropolitan counties; or (3) in one of the major
6.34watersheds that are wholly or partially within the seven-county metropolitan area, but at
6.35least one to one must be replaced within the seven-county metropolitan area.
7.1 (d) The exception in paragraph (a), clause (6), does not apply to replacement
7.2completed using wetland banking credits established by a person who submitted a
7.3complete wetland banking application to a local government unit by April 1, 1996.
7.4 (e) When reasonable, practicable, and environmentally beneficial replacement
7.5opportunities are not available in siting priorities listed in paragraph (a), the applicant
7.6may seek opportunities at the next level.
7.7 (f) For the purposes of this section, "reasonable, practicable, and environmentally
7.8beneficial replacement opportunities" are defined as opportunities that:
7.9 (1) take advantage of naturally occurring hydrogeomorphological conditions and
7.10require minimal landscape alteration;
7.11 (2) have a high likelihood of becoming a functional wetland that will continue
7.12in perpetuity;
7.13 (3) do not adversely affect other habitat types or ecological communities that are
7.14important in maintaining the overall biological diversity of the area; and
7.15 (4) are available and capable of being done after taking into consideration cost,
7.16existing technology, and logistics consistent with overall project purposes.
7.17 (g) Regulatory agencies, local government units, and other entities involved in
7.18wetland restoration shall collaborate to identify potential replacement opportunities within
7.19their jurisdictional areas.
