Bill Text: MN HF2021 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Wetland provisions modified, and rulemaking required.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Environment and Natural Resources Policy [HF2021 Detail]
Download: Minnesota-2013-HF2021-Introduced.html
1.2relating to natural resources; modifying wetlands provisions; requiring
1.3rulemaking;amending Minnesota Statutes 2012, sections 103G.005, subdivision
1.410e; 103G.222, subdivision 3; 103G.2241, subdivision 9; proposing coding for
1.5new law in Minnesota Statutes, chapter 103G.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 103G.005, subdivision 10e, is amended to
1.8read:
1.9 Subd. 10e. Local government unit. "Local government unit" means:
1.10 (1) outside of the seven-county metropolitan area, a city council, county board of
1.11commissioners, or a soil and water conservation district or their delegate;
1.12 (2) in the seven-county metropolitan area, a city council, a town board under section
1.13368.01
, a watershed management organization under section
103B.211 , or a soil and
1.14water conservation district or their delegate;
1.15 (3) on state land, the agency with administrative responsibility for the land; and
1.16 (4) for wetlandbanking projects established solely for replacing wetland impacts
1.17under a permit activities associated with projects requiring permits to mine under section
1.1893.481
, the commissioner of natural resources.
1.19 Sec. 2. Minnesota Statutes 2012, section 103G.222, subdivision 3, is amended to read:
1.20 Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to 80 percent
1.21area must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted
1.22wetlands in a less than 50 percent area must be replaced in a less than 50 percent area.
1.23All wetland replacement must follow this priority order:
1.24 (1) on site or in the same minor watershed as the impacted wetland;
2.1 (2) in the same watershed as the impacted wetland;
2.2 (3) in the same county or wetland bank service area as the impacted wetland;
2.3 (4) in another wetland bank service area; and
2.4 (5) statewide for public transportation projects, except that wetlands impacted in
2.5less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands
2.6impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in:
2.7(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one
2.8of the major watersheds that are wholly or partially within the seven-county metropolitan
2.9area, but at least one to one must be replaced within the seven-county metropolitan area.
2.10 (b) The exception in paragraph (a), clause (5), does not apply to replacement
2.11completed using wetland banking credits established by a person who submitted a
2.12complete wetland banking application to a local government unit by April 1, 1996.
2.13 (c) When reasonable, practicable, and environmentally beneficial replacement
2.14opportunities are not available in siting priorities listed in paragraph (a), the applicant
2.15may seek opportunities at the next level.
2.16 (d) For the purposes of this section, "reasonable, practicable, and environmentally
2.17beneficial replacement opportunities" are defined as opportunities that:
2.18 (1) take advantage of naturally occurring hydrogeomorphological conditions and
2.19require minimal landscape alteration;
2.20 (2) have a high likelihood of becoming a functional wetland that will continue
2.21in perpetuity;
2.22 (3) do not adversely affect other habitat types or ecological communities that are
2.23important in maintaining the overall biological diversity of the area; and
2.24 (4) are available and capable of being done after taking into consideration cost,
2.25existing technology, and logistics consistent with overall project purposes.
2.26 (e) Applicants and local government units shall rely on board-approved
2.27comprehensive inventories of replacement opportunities and watershed conditions,
2.28including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
2.292010), in determining whether reasonable, practicable, and environmentally beneficial
2.30replacement opportunities are available.
2.31 (f) Regulatory agencies, local government units, and other entities involved in
2.32wetland restoration shall collaborate to identify potential replacement opportunities within
2.33their jurisdictional areas.
2.34(g) Notwithstanding paragraphs (a) to (f), prime farmland, as defined under Code
2.35of Federal Regulations, title 7, section 657.5, must not be considered for replacement
2.36opportunities.
3.1 Sec. 3. [103G.2221] GREATER THAN 80 PERCENT AREAS.
3.2 Subdivision 1. County approval required. In a greater than 80 percent area, the
3.3board of the county in which the majority of impacted wetlands are located must by
3.4resolution approve a replacement plan for an individual project before mitigation may
3.5occur or, if a permit to mine is required under section 93.481, the board must by resolution
3.6approve the mining reclamation plan.
3.7 Subd. 2. Equal public value assumption. Evaluation of the public value of a
3.8replacement opportunity under a replacement plan is not required, and the siting priorities
3.9under section 103G.222, subdivision 3, do not apply if:
3.10(1) the replacement opportunity is for wetlands impacted in a greater than 80 percent
3.11area;
3.12(2) the replacement opportunity is at least 40 acres and is not located in a greater
3.13than 80 percent area; and
3.14(3) the commissioners of natural resources and the Pollution Control Agency, the
3.15board, the United States Army Corps of Engineers, and all affected local government
3.16units concur in the replacement.
3.17 Sec. 4. Minnesota Statutes 2012, section 103G.2241, subdivision 9, is amended to read:
3.18 Subd. 9. De minimis. (a) Except as provided in paragraphs (d), (e), (f), (g), (h), and
3.19(i), a replacement plan for wetlands is not required for draining or filling the following
3.20amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
3.21 (1)10,000 20,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar
3.22and tamarack wetlands, in a greater than 80 percent area;
3.23 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
3.24wetlands, in a 50 to 80 percent area, except within the 11-county metropolitan area;
3.25 (3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
3.26wetlands, in a less than 50 percent area, except within the 11-county metropolitan area; or
3.27 (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
3.28(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
3.29for wetlands is not required for draining or filling the following amounts of wetlands
3.30as part of a project within the shoreland wetland protection zone beyond the shoreland
3.31building setback zone:
3.32 (1) 400 square feet of type 1, 2, 6, or 7 wetland; or
3.33(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
3.34In a greater than 80 percent area, the de minimis amount allowed under clause (1)
3.35may be increased up to 1,000 square feet if the wetland is isolated and is determined
4.1to have no direct surficial connection to the public water or if permanent water runoff
4.2retention or infiltration measures are established in proximity as approved by the shoreland
4.3management authority.
4.4(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
4.5for wetlands is not required for draining or filling up to 20 square feet of wetland as part
4.6of a project within the shoreland building setback zone, as defined in the local shoreland
4.7management ordinance. The amount in this paragraph may be increased to 100 square feet
4.8if permanent water runoff retention or infiltration measures are established in proximity as
4.9approved by the shoreland management authority.
4.10(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
4.11plan is not required for draining or filling amounts of wetlands as part of a project:
4.12 (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
4.13tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
4.14area within the 11-county metropolitan area; or
4.15 (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
4.16protection zone in a less than 50 percent area within the 11-county metropolitan area.
4.17 For purposes of this subdivision, the 11-county metropolitan area consists of the
4.18counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
4.19Washington, and Wright.
4.20 (e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on
4.21a project.
4.22 (f) This exemption no longer applies to a landowner's portion of a wetland when
4.23the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
4.24the greatest of:
4.25 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
4.26the entire wetland;
4.27 (2) five percent of the landowner's portion of the wetland; or
4.28 (3) 400 square feet.
4.29 (g) This exemption may not be combined with another exemption in this section on
4.30a project.
4.31 (h) Property may not be divided to increase the amounts listed in paragraph (a).
4.32(i) If a local ordinance or similar local control is more restrictive than this
4.33subdivision, the local standard applies.
4.34 Sec. 5. RULEMAKING.
5.1The Board of Water and Soil Resources shall amend Minnesota Rules, chapter
5.28420, to conform with this act.
1.3rulemaking;amending Minnesota Statutes 2012, sections 103G.005, subdivision
1.410e; 103G.222, subdivision 3; 103G.2241, subdivision 9; proposing coding for
1.5new law in Minnesota Statutes, chapter 103G.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 103G.005, subdivision 10e, is amended to
1.8read:
1.9 Subd. 10e. Local government unit. "Local government unit" means:
1.10 (1) outside of the seven-county metropolitan area, a city council, county board of
1.11commissioners, or a soil and water conservation district or their delegate;
1.12 (2) in the seven-county metropolitan area, a city council, a town board under section
1.14water conservation district or their delegate;
1.15 (3) on state land, the agency with administrative responsibility for the land; and
1.16 (4) for wetland
1.17
1.19 Sec. 2. Minnesota Statutes 2012, section 103G.222, subdivision 3, is amended to read:
1.20 Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to 80 percent
1.21area must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted
1.22wetlands in a less than 50 percent area must be replaced in a less than 50 percent area.
1.23All wetland replacement must follow this priority order:
1.24 (1) on site or in the same minor watershed as the impacted wetland;
2.1 (2) in the same watershed as the impacted wetland;
2.2 (3) in the same county or wetland bank service area as the impacted wetland;
2.3 (4) in another wetland bank service area; and
2.4 (5) statewide for public transportation projects, except that wetlands impacted in
2.5less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands
2.6impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in:
2.7(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one
2.8of the major watersheds that are wholly or partially within the seven-county metropolitan
2.9area, but at least one to one must be replaced within the seven-county metropolitan area.
2.10 (b) The exception in paragraph (a), clause (5), does not apply to replacement
2.11completed using wetland banking credits established by a person who submitted a
2.12complete wetland banking application to a local government unit by April 1, 1996.
2.13 (c) When reasonable, practicable, and environmentally beneficial replacement
2.14opportunities are not available in siting priorities listed in paragraph (a), the applicant
2.15may seek opportunities at the next level.
2.16 (d) For the purposes of this section, "reasonable, practicable, and environmentally
2.17beneficial replacement opportunities" are defined as opportunities that:
2.18 (1) take advantage of naturally occurring hydrogeomorphological conditions and
2.19require minimal landscape alteration;
2.20 (2) have a high likelihood of becoming a functional wetland that will continue
2.21in perpetuity;
2.22 (3) do not adversely affect other habitat types or ecological communities that are
2.23important in maintaining the overall biological diversity of the area; and
2.24 (4) are available and capable of being done after taking into consideration cost,
2.25existing technology, and logistics consistent with overall project purposes.
2.26 (e) Applicants and local government units shall rely on board-approved
2.27comprehensive inventories of replacement opportunities and watershed conditions,
2.28including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
2.292010), in determining whether reasonable, practicable, and environmentally beneficial
2.30replacement opportunities are available.
2.31 (f) Regulatory agencies, local government units, and other entities involved in
2.32wetland restoration shall collaborate to identify potential replacement opportunities within
2.33their jurisdictional areas.
2.34(g) Notwithstanding paragraphs (a) to (f), prime farmland, as defined under Code
2.35of Federal Regulations, title 7, section 657.5, must not be considered for replacement
2.36opportunities.
3.1 Sec. 3. [103G.2221] GREATER THAN 80 PERCENT AREAS.
3.2 Subdivision 1. County approval required. In a greater than 80 percent area, the
3.3board of the county in which the majority of impacted wetlands are located must by
3.4resolution approve a replacement plan for an individual project before mitigation may
3.5occur or, if a permit to mine is required under section 93.481, the board must by resolution
3.6approve the mining reclamation plan.
3.7 Subd. 2. Equal public value assumption. Evaluation of the public value of a
3.8replacement opportunity under a replacement plan is not required, and the siting priorities
3.9under section 103G.222, subdivision 3, do not apply if:
3.10(1) the replacement opportunity is for wetlands impacted in a greater than 80 percent
3.11area;
3.12(2) the replacement opportunity is at least 40 acres and is not located in a greater
3.13than 80 percent area; and
3.14(3) the commissioners of natural resources and the Pollution Control Agency, the
3.15board, the United States Army Corps of Engineers, and all affected local government
3.16units concur in the replacement.
3.17 Sec. 4. Minnesota Statutes 2012, section 103G.2241, subdivision 9, is amended to read:
3.18 Subd. 9. De minimis. (a) Except as provided in paragraphs (d), (e), (f), (g), (h), and
3.19(i), a replacement plan for wetlands is not required for draining or filling the following
3.20amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
3.21 (1)
3.22and tamarack wetlands, in a greater than 80 percent area;
3.23 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
3.24wetlands, in a 50 to 80 percent area, except within the 11-county metropolitan area;
3.25 (3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
3.26wetlands, in a less than 50 percent area, except within the 11-county metropolitan area; or
3.27 (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
3.28(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
3.29for wetlands is not required for draining or filling the following amounts of wetlands
3.30as part of a project within the shoreland wetland protection zone beyond the shoreland
3.31building setback zone:
3.32 (1) 400 square feet of type 1, 2, 6, or 7 wetland; or
3.33(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
3.34In a greater than 80 percent area, the de minimis amount allowed under clause (1)
3.35may be increased up to 1,000 square feet if the wetland is isolated and is determined
4.1to have no direct surficial connection to the public water or if permanent water runoff
4.2retention or infiltration measures are established in proximity as approved by the shoreland
4.3management authority.
4.4(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
4.5for wetlands is not required for draining or filling up to 20 square feet of wetland as part
4.6of a project within the shoreland building setback zone, as defined in the local shoreland
4.7management ordinance. The amount in this paragraph may be increased to 100 square feet
4.8if permanent water runoff retention or infiltration measures are established in proximity as
4.9approved by the shoreland management authority.
4.10(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
4.11plan is not required for draining or filling amounts of wetlands as part of a project:
4.12 (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
4.13tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
4.14area within the 11-county metropolitan area; or
4.15 (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
4.16protection zone in a less than 50 percent area within the 11-county metropolitan area.
4.17 For purposes of this subdivision, the 11-county metropolitan area consists of the
4.18counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
4.19Washington, and Wright.
4.20 (e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on
4.21a project.
4.22 (f) This exemption no longer applies to a landowner's portion of a wetland when
4.23the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
4.24the greatest of:
4.25 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
4.26the entire wetland;
4.27 (2) five percent of the landowner's portion of the wetland; or
4.28 (3) 400 square feet.
4.29 (g) This exemption may not be combined with another exemption in this section on
4.30a project.
4.31 (h) Property may not be divided to increase the amounts listed in paragraph (a).
4.32(i) If a local ordinance or similar local control is more restrictive than this
4.33subdivision, the local standard applies.
4.34 Sec. 5. RULEMAKING.
5.1The Board of Water and Soil Resources shall amend Minnesota Rules, chapter
5.28420, to conform with this act.
