Bill Text: MN HF3345 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Wetlands Conservation Act modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-09 - Introduction and first reading, referred to Environment and Natural Resources Policy [HF3345 Detail]
Download: Minnesota-2013-HF3345-Introduced.html
1.2relating to natural resources; modifying Wetlands Conservation Act; amending
1.3Minnesota Statutes 2012, sections 103G.005, subdivision 10e, by adding a
1.4subdivision; 103G.222, subdivision 1; 103G.2241, subdivisions 2, 6, 9, 10, 11;
1.5103G.2242, subdivision 1, by adding subdivisions; proposing coding for new
1.6law in Minnesota Statutes, chapter 103G.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103G.005, subdivision 10e, is amended to
1.9read:
1.10 Subd. 10e. Local government unit. "Local government unit" means:
1.11 (1) outside of the seven-county metropolitan area, a city council, county board of
1.12commissioners, or a soil and water conservation district or their delegate;
1.13 (2) in the seven-county metropolitan area, a city council, a town board under section
1.14368.01
, a watershed management organization under section
103B.211 , or a soil and
1.15water conservation district or their delegate;
1.16 (3) on state land, the agency with administrative responsibility for the land; and
1.17 (4) for wetland banking projects established solely for replacing wetland impacts
1.18under a permit to mine under section93.481 , the commissioner of natural resources board.
1.19 Sec. 2. Minnesota Statutes 2012, section 103G.005, is amended by adding a
1.20subdivision to read:
1.21 Subd. 10g. In-lieu fee program. "In-lieu fee program" means a program involving
1.22the restoration, establishment, enhancement, or preservation of aquatic resources through
1.23funds paid to a governmental or nonprofit natural resources management entity to satisfy
1.24wetland mitigation requirements.
2.1 Sec. 3. Minnesota Statutes 2012, section 103G.222, subdivision 1, is amended to read:
2.2 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
2.3or partially, unless replaced by restoring or creating wetland areas of at least equal
2.4public value under a replacement plan approved as provided in section103G.2242 , a
2.5replacement plan under a local governmental unit's comprehensive wetland protection
2.6and management plan approved by the board under section103G.2243 , or, if a permit to
2.7mine is required under section93.481 , under a mining reclamation plan approved by the
2.8commissioner under the permit to mine replacement plan approved by the board. For
2.9project-specific wetland replacement completed prior to wetland impacts authorized or
2.10conducted under a permit to mine within the Great Lakes and Rainy River watershed
2.11basins, those basins shall be considered a single watershed for purposes of determining
2.12wetland replacement ratios. Mining reclamation plans shall apply the same principles
2.13and standards for replacing wetlands by restoration or creation of wetland areas that
2.14are applicable to mitigation plans approved as provided in section
103G.2242. Public
2.15value must be determined in accordance with section103B.3355 or a comprehensive
2.16wetland protection and management plan established under section103G.2243 . Sections
2.17103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
2.18flooded areas of types 3, 4, and 5 wetlands.
2.19 (b) Replacement must be guided by the following principles in descending order
2.20of priority:
2.21 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.22the wetland;
2.23 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.24activity and its implementation;
2.25 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.26wetland environment;
2.27 (4) reducing or eliminating the impact over time by preservation and maintenance
2.28operations during the life of the activity;
2.29 (5) compensating for the impact by restoring a wetland; and
2.30 (6) compensating for the impact by replacing or providing substitute wetland
2.31resources or environments.
2.32 For a project involving the draining or filling of wetlands in an amount not exceeding
2.3310,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
2.34paragraph (a), the local government unit may make an on-site sequencing determination
2.35without a written alternatives analysis from the applicant.
3.1 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
3.2through restoration only without regard to the priority order in paragraph (b), provided
3.3that the altered wetland is not converted to a nonagricultural use for at least ten years.
3.4 (d) If a wetland is replaced under paragraph (c), or drained under section103G.2241,
3.5subdivision 2 , paragraph (b) or (e), the local government unit may require a deed
3.6restriction that prohibits nonagricultural use for at least ten years. The local government
3.7unit may require the deed restriction if it determines the wetland area drained is at risk of
3.8conversion to a nonagricultural use within ten years based on the zoning classification,
3.9proximity to a municipality or full service road, or other criteria as determined by the
3.10local government unit.
3.11 (e) Restoration and replacement of wetlands must be accomplished in accordance
3.12with the ecology of the landscape area affected and ponds that are created primarily to
3.13fulfill storm water management, and water quality treatment requirements may not be
3.14used to satisfy replacement requirements under this chapter unless the design includes
3.15pretreatment of runoff and the pond is functioning as a wetland.
3.16 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
3.17located on nonagricultural land, replacement must be in the ratio of two acres of replaced
3.18wetland for each acre of drained or filled wetland.
3.19 (g) For a wetland or public waters wetland located on agricultural land or in a greater
3.20than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
3.21for each acre of drained or filled wetland.
3.22 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.23are subject to the provisions of this section for any subsequent drainage or filling.
3.24 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.25from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.26wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.27created by dikes or dams associated with the restoration of previously drained or filled
3.28wetlands may be used in a statewide banking program established in rules adopted under
3.29section103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally
3.30occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.31wetlands bank.
3.32 (j) The Technical Evaluation Panel established under section103G.2242, subdivision
3.332 , shall ensure that sufficient time has occurred for the wetland to develop wetland
3.34characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.35be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
4.1to believe that the wetland characteristics may change substantially, the panel shall
4.2postpone its recommendation until the wetland has stabilized.
4.3 (k) This section and sections103G.223 to
103G.2242 ,
103G.2364 , and
103G.2365
4.4apply to the state and its departments and agencies.
4.5 (l) For projects involving draining or filling of wetlands associated with a new public
4.6transportation project, and for projects expanded solely for additional traffic capacity,
4.7public transportation authorities may purchase credits from the board at the cost to the
4.8board to establish credits. Proceeds from the sale of credits provided under this paragraph
4.9are appropriated to the board for the purposes of this paragraph. For the purposes of this
4.10paragraph, "transportation project" does not include an airport project.
4.11 (m) A replacement plan for wetlands is not required for individual projects that
4.12result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
4.13or replacement of a currently serviceable existing state, city, county, or town public road
4.14necessary, as determined by the public transportation authority, to meet state or federal
4.15design or safety standards or requirements, excluding new roads or roads expanded solely
4.16for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.17transportation projects that:
4.18 (1) minimize the amount of wetland filling or draining associated with the project
4.19and consider mitigating important site-specific wetland functions on site;
4.20 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.21Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.22public requesting a copy at least 30 days prior to construction that indicate the location,
4.23amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.24convene an annual meeting of the parties required to receive notice to review projects to
4.25be commenced during the upcoming year; and
4.26 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.27feet, submit project-specific reports, within 30 days of commencing the activity, to the board
4.28that indicate the location, amount, and type of wetlands that have been filled or drained.
4.29 Those required to receive notice of public transportation projects may appeal
4.30minimization, delineation, and on-site mitigation decisions made by the public
4.31transportation authority to the board according to the provisions of section103G.2242,
4.32subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
4.33decisions made by the public transportation authority and provide recommendations
4.34regarding on-site mitigation if requested to do so by the local government unit, a
4.35contiguous landowner, or a member of the Technical Evaluation Panel.
5.1 Except for state public transportation projects, for which the state Department of
5.2Transportation is responsible, the board must replace the wetlands, and wetland areas of
5.3public waters if authorized by the commissioner or a delegated authority, drained or filled
5.4by public transportation projects on existing roads.
5.5 Public transportation authorities at their discretion may deviate from federal and
5.6state design standards on existing road projects when practical and reasonable to avoid
5.7wetland filling or draining, provided that public safety is not unreasonably compromised.
5.8The local road authority and its officers and employees are exempt from liability for
5.9any tort claim for injury to persons or property arising from travel on the highway and
5.10related to the deviation from the design standards for construction or reconstruction under
5.11this paragraph. This paragraph does not preclude an action for damages arising from
5.12negligence in construction or maintenance on a highway.
5.13 (n) If a landowner seeks approval of a replacement plan after the proposed project
5.14has already affected the wetland, the local government unit may require the landowner to
5.15replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
5.16required.
5.17 (o) A local government unit may request the board to reclassify a county or
5.18watershed on the basis of its percentage of presettlement wetlands remaining. After
5.19receipt of satisfactory documentation from the local government, the board shall change
5.20the classification of a county or watershed. If requested by the local government unit,
5.21the board must assist in developing the documentation. Within 30 days of its action to
5.22approve a change of wetland classifications, the board shall publish a notice of the change
5.23in the Environmental Quality Board Monitor.
5.24 (p) One hundred citizens who reside within the jurisdiction of the local government
5.25unit may request the local government unit to reclassify a county or watershed on the basis
5.26of its percentage of presettlement wetlands remaining. In support of their petition, the
5.27citizens shall provide satisfactory documentation to the local government unit. The local
5.28government unit shall consider the petition and forward the request to the board under
5.29paragraph (o) or provide a reason why the petition is denied.
5.30 Sec. 4. Minnesota Statutes 2012, section 103G.2241, subdivision 2, is amended to read:
5.31 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
5.32system" means a drainage system as defined in section103E.005, subdivision 12 , and any
5.33ditch or tile lawfully connected to the drainage system.
5.34 (b) A replacement plan is not required for drainingof type 1 wetlands, or up to
5.35five acres of type 2 or 6 wetlands, up to 10,000 square feet of type 1, 2, or 6 wetlands
6.1 in an unincorporated area on land that has been assessed drainage benefits for a public
6.2drainage system, provided that:
6.3 (1) during the 20-year period that ended January 1, 1992:
6.4 (i) there was an expenditure made from the drainage system account for the public
6.5drainage system;
6.6 (ii) the public drainage system was repaired or maintained as approved by the
6.7drainage authority; or
6.8 (iii) no repair or maintenance of the public drainage system was required under
6.9section103E.705, subdivision 1 , as determined by the public drainage authority; and
6.10 (2) the wetlands are not drained for conversion to:
6.11 (i) platted lots;
6.12 (ii) planned unit, commercial, or industrial developments; or
6.13 (iii) any development with more than one residential unit per 40 acres, except for
6.14parcels subject to local zoning standards that allow for family members to establish an
6.15additional residence on the same 40 acres.
6.16If wetlands drained under this paragraph are converted to uses prohibited under clause
6.17(2) during the ten-year period following drainage, the wetlands must be replaced under
6.18section103G.222 .
6.19 (c) A replacement plan is not required for draining or filling of wetlands, except for
6.20draining types 3, 4, and 5 wetlands that have been in existence for more than 25 15 years,
6.21resulting from maintenance and repair of existing public drainage systems.
6.22 (d) A replacement plan is not required for draining or filling of wetlands, except for
6.23draining wetlands that have been in existence for more than25 15 years, resulting from
6.24maintenance and repair of existing drainage systems other than public drainage systems.
6.25 (e) A replacement plan is not required for draining agricultural land that: (1) was
6.26planted with annually seeded crops before July 5, except for crops that are normally
6.27planted after that date, in eight out of the ten most recent years prior to the impact; (2) was
6.28in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a
6.29crop production purpose, in eight out of the ten most recent years prior to the impact; or
6.30(3) was enrolled in a state or federal land conservation program and met the requirements
6.31of clause (1) or (2) before enrollment.
6.32 (f) The public drainage authority may, as part of the repair, install control structures,
6.33realign the ditch, construct dikes along the ditch, or make other modifications as necessary
6.34to prevent drainage of the wetland.
6.35 (g) Wetlands of all types that would be drained as a part of a public drainage repair
6.36project are eligible for the permanent wetlands preserve under section103F.516 . The
7.1board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
7.2been in existence for more than 25 years on public drainage systems and other wetlands
7.3that have the greatest risk of drainage from a public drainage repair project.
7.4 Sec. 5. Minnesota Statutes 2012, section 103G.2241, subdivision 6, is amended to read:
7.5 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
7.6required for:
7.7 (1) new placement or maintenance, repair, enhancement, or replacement of existing
7.8utility or utility-type service, including pipelines, if:
7.9 (i) the direct and indirect impacts of the proposed project have been avoided and
7.10minimized to the extent possible; and
7.11 (ii) the proposed project significantly modifies or alters less thanone-half acre of
7.12wetlands 10,000 square feet in bank service area 1, 2, 5, or 6; 2,000 square feet in bank
7.13service area 3, 4, 7, 8, 9, or 10; or 1,000 square feet in the 11-county metropolitan area as
7.14defined in subdivision 9, paragraph (d). Replacement requirements for projects that cross
7.15bank service areas are calculated on a service area by service area basis;
7.16 (2) activities associated with operation, routine maintenance, or emergency repair of
7.17existing utilities and public work structures, including pipelines, provided the activities
7.18do not result in additional wetland intrusion or additional draining or filling of a wetland
7.19either wholly or partially; or
7.20 (3) repair and updating of existing subsurface sewage treatment systems necessary
7.21to comply with local, state, and federal regulations.
7.22 (b) For maintenance, repair, and replacement, the local government unit may issue
7.23a seasonal or annual exemption certification or the utility may proceed without local
7.24government unit certification if the utility is carrying out the work according to approved
7.25best management practices. Work of an emergency nature may proceed as necessary
7.26and any drain or fill activities shall be addressed with the local government unit after
7.27the emergency work has been completed.
7.28 Sec. 6. Minnesota Statutes 2012, section 103G.2241, subdivision 9, is amended to read:
7.29 Subd. 9. De minimis. (a) Except as provided in paragraphs (d), (e), (f), (g), (h), and
7.30(i) to (j), a replacement plan for wetlands is not required for draining or filling the following
7.31amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
7.32 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
7.33tamarack wetlands, in a greater than 80 percent area;
8.1 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
8.2wetlands, in a 50 to 80 percent area, except within the 11-county metropolitan area;
8.3 (3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
8.4wetlands, in a less than 50 percent area, except within the 11-county metropolitan area; or
8.5 (4) 100 square feet of type 3, 4, 5, or 8 wetlandor white cedar and tamarack wetland.
8.6(b) Except as provided in paragraphs (e), (f), (g), (h), and (i) to (j), a replacement
8.7plan for wetlands is not required for draining or filling the following amounts of wetlands
8.8as part of a project within the shoreland wetland protection zone beyond the shoreland
8.9building setback zone:
8.10 (1) 400 square feet of type 1, 2, 6, or 7 wetland; or
8.11(2) 100 square feet of type 3, 4, 5, or 8 wetlandor white cedar and tamarack wetland.
8.12In a greater than 80 percent area, the de minimis amount allowed under clause (1)
8.13may be increased up to 1,000 square feet if the wetland is isolated and is determined
8.14to have no direct surficial connection to the public water or if permanent water runoff
8.15retention or infiltration measures are established in proximity as approved by the shoreland
8.16management authority.
8.17(c) Except as provided in paragraphs (e), (f), (g), (h), and (i) to (j), a replacement
8.18plan for wetlands is not required for draining or filling up to 20 square feet of wetland
8.19as part of a project within the shoreland building setback zone, as defined in the local
8.20shoreland management ordinance. The amount in this paragraph may be increased to 100
8.21square feet if permanent water runoff retention or infiltration measures are established in
8.22proximity as approved by the shoreland management authority.
8.23(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i) to (j), a
8.24replacement plan is not required for draining or filling amounts of wetlands as part of
8.25a project:
8.26 (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
8.27tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
8.28area within the 11-county metropolitan area; or
8.29 (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
8.30protection zone in a less than 50 percent area within the 11-county metropolitan area.
8.31 For purposes of this subdivision, the 11-county metropolitan area consists of the
8.32counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
8.33Washington, and Wright.
8.34 (e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on
8.35a project.
9.1 (f) This exemption no longer applies to a landowner's portion of a wetland when
9.2the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
9.3the greatest of:
9.4 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
9.5the entire wetland;
9.6 (2) five percent of the landowner's portion of the wetland; or
9.7 (3) 400 square feet.
9.8 (g) This exemption may not be combined with another exemption in this section on
9.9a project.
9.10 (h) Property may not be divided to increase the amounts listed in paragraph (a).
9.11(i) If a local ordinance or similar local control is more restrictive than this
9.12subdivision, the local standard applies.
9.13(j) There is no de minimis and a replacement plan is required for impacts to rare
9.14wetland types such as rich fens, cedar and tamarack swamps, wetlands located within
9.15state-designated areas of biodiversity significance, and other rare wetland communities as
9.16designated by the local government unit.
9.17 Sec. 7. Minnesota Statutes 2012, section 103G.2241, subdivision 10, is amended to
9.18read:
9.19 Subd. 10. Wildlife habitat. A replacement plan for wetlands is not required for:
9.20(1) deposition of spoil resulting from excavation within a wetland for a wildlife
9.21habitat improvement project, if:
9.22(i) the total area of deposition and excavation within wetlands does not exceed five
9.23percent of the wetland area or one-half acre of wetlands, whichever is less, and the spoil is
9.24stabilized and permanently seeded to prevent erosion. Ponds must be constructed with
9.25irregular shorelines and shallow side slopes of eight feet horizontal to one foot vertical or
9.26flatter and be dominated by water depths of four feet or less. All excess excavated material
9.27must be placed at an upland location and no temporary stockpiling of excavated material
9.28is allowed in wetlands outside the footprint of the pond site;
9.29(ii) the project does not have an adverse impact on any species designated as
9.30endangered or threatened under state or federal law; and
9.31(iii) the project will provide wildlife habitat improvement as certified by the soil
9.32and water conservation district; or
9.33(2) duck blinds.
9.34 Sec. 8. Minnesota Statutes 2012, section 103G.2241, subdivision 11, is amended to read:
10.1 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
10.2under an exemption in subdivisions 1 to 10 shall ensure that:
10.3 (1) appropriate erosion control measures are taken to prevent sedimentation of
10.4the water;
10.5 (2) the activity does not block fish passage in a watercourse; and
10.6 (3) the activity is conducted in compliance with all other applicable federal,
10.7state, and local requirements, including best management practices and water resource
10.8protection requirements established under chapter 103H.
10.9 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
10.10may be indicated as not exempt under another exemption.
10.11 (c) Persons proposing to conduct an exempt activity:
10.12 (1) must provide preconstruction written or electronic notice to the local government
10.13unit or local government unit's designee at least ten days in advance of the activity,
10.14describing the purpose of the proposed activity, the location of the activity, and the
10.15quantity and extent of impacts to wetlands and explaining how the activity qualifies for
10.16an exemption; and
10.17 (2) are encouraged to contact the local government unit or the local government
10.18unit's designee for advice on minimizing wetland impacts.
10.19 (d) The board shall develop rules that address the application and implementation
10.20of exemptions and that provide for estimates and reporting of exempt wetland impacts,
10.21including those in section103G.2241, subdivisions 2 , 6, and 9.
10.22 Sec. 9. Minnesota Statutes 2012, section 103G.2242, subdivision 1, is amended to read:
10.23 Subdivision 1. Rules. (a) The board, in consultation with the commissioner,
10.24shall adopt rules governing the approval of wetland value replacement plans under this
10.25section and public waters work permits affecting public waters wetlands under section
10.26103G.245
. These rules must address the criteria, procedure, timing, and location of
10.27acceptable replacement of wetland values; and may address the state establishment and
10.28administration of a wetland banking program for public and private projects, which
10.29may include provisions allowing monetary payment to the wetland banking program
10.30for alteration of wetlands on agricultural land; the establishment and administration of
10.31an in-lieu fee program according to subdivision 16; the administrative, monitoring, and
10.32enforcement procedures to be used; and a procedure for the review and appeal of decisions
10.33under this section. In the case of peatlands, the replacement plan rules must consider the
10.34impact on carbon balance described in the report required by Laws 1990, chapter 587,
10.35and include the planting of trees or shrubs.
11.1(b) After the adoption of the rules, a replacement plan must be approved by a
11.2resolution of the governing body of the local government unit, consistent with the
11.3provisions of the rules or a comprehensive wetland protection and management plan
11.4approved under section103G.2243 .
11.5(c) If the local government unit fails to apply the rules, or fails to implement a
11.6local comprehensive wetland protection and management plan established under section
11.7103G.2243
, the government unit is subject to penalty as determined by the board.
11.8 Sec. 10. Minnesota Statutes 2012, section 103G.2242, is amended by adding a
11.9subdivision to read:
11.10 Subd. 8a. Notice when permit to mine required. For projects requiring a permit to
11.11mine, the board shall provide notice of a replacement plan application or an application to
11.12amend a replacement plan to all affected cities, counties, and soil and water conservation
11.13districts. The board shall give affected cities, counties, and soil and water conservation
11.14districts 30 days to comment on the proposed replacement plan or amendment and the
11.15opportunity to participate in the Technical Evaluation Panel. The board must respond to
11.16any comments received under this subdivision.
11.17 Sec. 11. Minnesota Statutes 2012, section 103G.2242, is amended by adding a
11.18subdivision to read:
11.19 Subd. 16. In-lieu fee program. The board may adopt rules to establish and
11.20administer an in-lieu fee program. The program must:
11.21(1) meet the requirements of an in-lieu fee program as defined under Code of Federal
11.22Regulations, title 33, section 332.2, and adopt, to the extent practicable, the review
11.23procedures and requirements under Code of Federal Regulations, title 33, section 332.8;
11.24(2) meet the wetlands replacement requirements of sections 103G.221 to 103G.2242,
11.25including using a watershed approach, priorities, and sequencing;
11.26(3) ensure and document that all funds collected will fully offset the public value of
11.27the wetlands lost as a result of an impact;
11.28(4) require that all in-lieu fee program project sites be constructed, seeded, and
11.29planted within two growing seasons of the first collection of funds;
11.30(5) require that funds collected fully cover the project site acquisition, construction,
11.31labor, plants, seeds, management, and monitoring;
11.32(6) require financial assurance to cover project construction, labor, planting and
11.33seeding, monitoring, and long-term management of the site; and
11.34(7) require permanent conservation easements.
12.1 Sec. 12. [103G.2376] WETLAND REPLACEMENT TRACKING SYSTEM.
12.2(a) The board and the commissioner of natural resources shall jointly develop an
12.3online wetland replacement tracking system, to be in full operation by January 1, 2015.
12.4Use of an existing state or federal online tracking system with an online viewer fulfills
12.5this requirement.
12.6(b) All approved wetland replacement sites, including private and local road
12.7replacement wetland banks, must be consolidated and their geographic extent must be
12.8displayed on the tracking system.
12.9(c) Wetland replacement approved between 1991 and 2008 must be collected and
12.10displayed on the tracking system no later than January 31, 2016. Wetland replacement
12.11approved after 2008 must be collected and displayed no later than January 31, 2015.
12.12(d) State-generated data showing known restorable wetlands or locations of possible
12.13wetland replacement opportunities must be collected and displayed no later than January
12.1431, 2015.
12.15(e) Data on the tracking system must be updated every two months.
12.16(f) The landowner, responsible party, types of wetlands restored, and status of a site's
12.17approval must be displayed on the tracking system.
12.18(g) Geographic data on the tracking system must be available for public use and
12.19to download.
12.20(h) Starting June 30, 2014, local government units must report to the board all
12.21wetland replacement sites approved within the previous month. The report must contain
12.22the information identified in paragraph (f). Reports must be sent to the board no later
12.23than the last day of each month.
12.24EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2012, sections 103G.005, subdivision 10e, by adding a
1.4subdivision; 103G.222, subdivision 1; 103G.2241, subdivisions 2, 6, 9, 10, 11;
1.5103G.2242, subdivision 1, by adding subdivisions; proposing coding for new
1.6law in Minnesota Statutes, chapter 103G.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103G.005, subdivision 10e, is amended to
1.9read:
1.10 Subd. 10e. Local government unit. "Local government unit" means:
1.11 (1) outside of the seven-county metropolitan area, a city council, county board of
1.12commissioners, or a soil and water conservation district or their delegate;
1.13 (2) in the seven-county metropolitan area, a city council, a town board under section
1.15water conservation district or their delegate;
1.16 (3) on state land, the agency with administrative responsibility for the land; and
1.17 (4) for wetland banking projects established solely for replacing wetland impacts
1.18under a permit to mine under section
1.19 Sec. 2. Minnesota Statutes 2012, section 103G.005, is amended by adding a
1.20subdivision to read:
1.21 Subd. 10g. In-lieu fee program. "In-lieu fee program" means a program involving
1.22the restoration, establishment, enhancement, or preservation of aquatic resources through
1.23funds paid to a governmental or nonprofit natural resources management entity to satisfy
1.24wetland mitigation requirements.
2.1 Sec. 3. Minnesota Statutes 2012, section 103G.222, subdivision 1, is amended to read:
2.2 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
2.3or partially, unless replaced by restoring or creating wetland areas of at least equal
2.4public value under a replacement plan approved as provided in section
2.5replacement plan under a local governmental unit's comprehensive wetland protection
2.6and management plan approved by the board under section
2.7mine is required under section
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15value must be determined in accordance with section
2.16wetland protection and management plan established under section
2.18flooded areas of types 3, 4, and 5 wetlands.
2.19 (b) Replacement must be guided by the following principles in descending order
2.20of priority:
2.21 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.22the wetland;
2.23 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.24activity and its implementation;
2.25 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.26wetland environment;
2.27 (4) reducing or eliminating the impact over time by preservation and maintenance
2.28operations during the life of the activity;
2.29 (5) compensating for the impact by restoring a wetland; and
2.30 (6) compensating for the impact by replacing or providing substitute wetland
2.31resources or environments.
2.32 For a project involving the draining or filling of wetlands in an amount not exceeding
2.3310,000 square feet more than the applicable amount in section
2.34paragraph (a), the local government unit may make an on-site sequencing determination
2.35without a written alternatives analysis from the applicant.
3.1 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
3.2through restoration only without regard to the priority order in paragraph (b), provided
3.3that the altered wetland is not converted to a nonagricultural use for at least ten years.
3.4 (d) If a wetland is replaced under paragraph (c), or drained under section
3.5subdivision 2
3.6restriction that prohibits nonagricultural use for at least ten years. The local government
3.7unit may require the deed restriction if it determines the wetland area drained is at risk of
3.8conversion to a nonagricultural use within ten years based on the zoning classification,
3.9proximity to a municipality or full service road, or other criteria as determined by the
3.10local government unit.
3.11 (e) Restoration and replacement of wetlands must be accomplished in accordance
3.12with the ecology of the landscape area affected and ponds that are created primarily to
3.13fulfill storm water management, and water quality treatment requirements may not be
3.14used to satisfy replacement requirements under this chapter unless the design includes
3.15pretreatment of runoff and the pond is functioning as a wetland.
3.16 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
3.17located on nonagricultural land, replacement must be in the ratio of two acres of replaced
3.18wetland for each acre of drained or filled wetland.
3.19 (g) For a wetland or public waters wetland located on agricultural land or in a greater
3.20than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
3.21for each acre of drained or filled wetland.
3.22 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.23are subject to the provisions of this section for any subsequent drainage or filling.
3.24 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.25from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.26wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.27created by dikes or dams associated with the restoration of previously drained or filled
3.28wetlands may be used in a statewide banking program established in rules adopted under
3.29section
3.30occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.31wetlands bank.
3.32 (j) The Technical Evaluation Panel established under section
3.332
3.34characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.35be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
4.1to believe that the wetland characteristics may change substantially, the panel shall
4.2postpone its recommendation until the wetland has stabilized.
4.3 (k) This section and sections
4.5 (l) For projects involving draining or filling of wetlands associated with a new public
4.6transportation project, and for projects expanded solely for additional traffic capacity,
4.7public transportation authorities may purchase credits from the board at the cost to the
4.8board to establish credits. Proceeds from the sale of credits provided under this paragraph
4.9are appropriated to the board for the purposes of this paragraph. For the purposes of this
4.10paragraph, "transportation project" does not include an airport project.
4.11 (m) A replacement plan for wetlands is not required for individual projects that
4.12result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
4.13or replacement of a currently serviceable existing state, city, county, or town public road
4.14necessary, as determined by the public transportation authority, to meet state or federal
4.15design or safety standards or requirements, excluding new roads or roads expanded solely
4.16for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.17transportation projects that:
4.18 (1) minimize the amount of wetland filling or draining associated with the project
4.19and consider mitigating important site-specific wetland functions on site;
4.20 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.21Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.22public requesting a copy at least 30 days prior to construction that indicate the location,
4.23amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.24convene an annual meeting of the parties required to receive notice to review projects to
4.25be commenced during the upcoming year; and
4.26 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.27feet, submit project-specific reports, within 30 days of commencing the activity, to the board
4.28that indicate the location, amount, and type of wetlands that have been filled or drained.
4.29 Those required to receive notice of public transportation projects may appeal
4.30minimization, delineation, and on-site mitigation decisions made by the public
4.31transportation authority to the board according to the provisions of section
4.32subdivision 9
4.33decisions made by the public transportation authority and provide recommendations
4.34regarding on-site mitigation if requested to do so by the local government unit, a
4.35contiguous landowner, or a member of the Technical Evaluation Panel.
5.1 Except for state public transportation projects, for which the state Department of
5.2Transportation is responsible, the board must replace the wetlands, and wetland areas of
5.3public waters if authorized by the commissioner or a delegated authority, drained or filled
5.4by public transportation projects on existing roads.
5.5 Public transportation authorities at their discretion may deviate from federal and
5.6state design standards on existing road projects when practical and reasonable to avoid
5.7wetland filling or draining, provided that public safety is not unreasonably compromised.
5.8The local road authority and its officers and employees are exempt from liability for
5.9any tort claim for injury to persons or property arising from travel on the highway and
5.10related to the deviation from the design standards for construction or reconstruction under
5.11this paragraph. This paragraph does not preclude an action for damages arising from
5.12negligence in construction or maintenance on a highway.
5.13 (n) If a landowner seeks approval of a replacement plan after the proposed project
5.14has already affected the wetland, the local government unit may require the landowner to
5.15replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
5.16required.
5.17 (o) A local government unit may request the board to reclassify a county or
5.18watershed on the basis of its percentage of presettlement wetlands remaining. After
5.19receipt of satisfactory documentation from the local government, the board shall change
5.20the classification of a county or watershed. If requested by the local government unit,
5.21the board must assist in developing the documentation. Within 30 days of its action to
5.22approve a change of wetland classifications, the board shall publish a notice of the change
5.23in the Environmental Quality Board Monitor.
5.24 (p) One hundred citizens who reside within the jurisdiction of the local government
5.25unit may request the local government unit to reclassify a county or watershed on the basis
5.26of its percentage of presettlement wetlands remaining. In support of their petition, the
5.27citizens shall provide satisfactory documentation to the local government unit. The local
5.28government unit shall consider the petition and forward the request to the board under
5.29paragraph (o) or provide a reason why the petition is denied.
5.30 Sec. 4. Minnesota Statutes 2012, section 103G.2241, subdivision 2, is amended to read:
5.31 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
5.32system" means a drainage system as defined in section
5.33ditch or tile lawfully connected to the drainage system.
5.34 (b) A replacement plan is not required for draining
5.35
6.1 in an unincorporated area on land that has been assessed drainage benefits for a public
6.2drainage system, provided that:
6.3 (1) during the 20-year period that ended January 1, 1992:
6.4 (i) there was an expenditure made from the drainage system account for the public
6.5drainage system;
6.6 (ii) the public drainage system was repaired or maintained as approved by the
6.7drainage authority; or
6.8 (iii) no repair or maintenance of the public drainage system was required under
6.9section
6.10 (2) the wetlands are not drained for conversion to:
6.11 (i) platted lots;
6.12 (ii) planned unit, commercial, or industrial developments; or
6.13 (iii) any development with more than one residential unit per 40 acres, except for
6.14parcels subject to local zoning standards that allow for family members to establish an
6.15additional residence on the same 40 acres.
6.16If wetlands drained under this paragraph are converted to uses prohibited under clause
6.17(2) during the ten-year period following drainage, the wetlands must be replaced under
6.18section
6.19 (c) A replacement plan is not required for draining or filling of wetlands, except for
6.20
6.21resulting from maintenance and repair of existing public drainage systems.
6.22 (d) A replacement plan is not required for draining or filling of wetlands, except for
6.23draining wetlands that have been in existence for more than
6.24maintenance and repair of existing drainage systems other than public drainage systems.
6.25 (e) A replacement plan is not required for draining agricultural land that: (1) was
6.26planted with annually seeded crops before July 5, except for crops that are normally
6.27planted after that date, in eight out of the ten most recent years prior to the impact; (2) was
6.28in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a
6.29crop production purpose, in eight out of the ten most recent years prior to the impact; or
6.30(3) was enrolled in a state or federal land conservation program and met the requirements
6.31of clause (1) or (2) before enrollment.
6.32 (f) The public drainage authority may, as part of the repair, install control structures,
6.33realign the ditch, construct dikes along the ditch, or make other modifications as necessary
6.34to prevent drainage of the wetland.
6.35 (g) Wetlands of all types that would be drained as a part of a public drainage repair
6.36project are eligible for the permanent wetlands preserve under section
7.1board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
7.2been in existence for more than 25 years on public drainage systems and other wetlands
7.3that have the greatest risk of drainage from a public drainage repair project.
7.4 Sec. 5. Minnesota Statutes 2012, section 103G.2241, subdivision 6, is amended to read:
7.5 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
7.6required for:
7.7 (1) new placement or maintenance, repair, enhancement, or replacement of existing
7.8utility or utility-type service, including pipelines, if:
7.9 (i) the direct and indirect impacts of the proposed project have been avoided and
7.10minimized to the extent possible; and
7.11 (ii) the proposed project significantly modifies or alters less than
7.12
7.13service area 3, 4, 7, 8, 9, or 10; or 1,000 square feet in the 11-county metropolitan area as
7.14defined in subdivision 9, paragraph (d). Replacement requirements for projects that cross
7.15bank service areas are calculated on a service area by service area basis;
7.16 (2) activities associated with operation, routine maintenance, or emergency repair of
7.17existing utilities and public work structures, including pipelines, provided the activities
7.18do not result in additional wetland intrusion or additional draining or filling of a wetland
7.19either wholly or partially; or
7.20 (3) repair and updating of existing subsurface sewage treatment systems necessary
7.21to comply with local, state, and federal regulations.
7.22 (b) For maintenance, repair, and replacement, the local government unit may issue
7.23a seasonal or annual exemption certification or the utility may proceed without local
7.24government unit certification if the utility is carrying out the work according to approved
7.25best management practices. Work of an emergency nature may proceed as necessary
7.26and any drain or fill activities shall be addressed with the local government unit after
7.27the emergency work has been completed.
7.28 Sec. 6. Minnesota Statutes 2012, section 103G.2241, subdivision 9, is amended to read:
7.29 Subd. 9. De minimis. (a) Except as provided in paragraphs (d)
7.30
7.31amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
7.32 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
7.33tamarack wetlands, in a greater than 80 percent area;
8.1 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
8.2wetlands, in a 50 to 80 percent area, except within the 11-county metropolitan area;
8.3 (3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
8.4wetlands, in a less than 50 percent area, except within the 11-county metropolitan area; or
8.5 (4) 100 square feet of type 3, 4, 5, or 8 wetland
8.6(b) Except as provided in paragraphs (e)
8.7plan for wetlands is not required for draining or filling the following amounts of wetlands
8.8as part of a project within the shoreland wetland protection zone beyond the shoreland
8.9building setback zone:
8.10 (1) 400 square feet of type 1, 2, 6, or 7 wetland; or
8.11(2) 100 square feet of type 3, 4, 5, or 8 wetland
8.12In a greater than 80 percent area, the de minimis amount allowed under clause (1)
8.13may be increased up to 1,000 square feet if the wetland is isolated and is determined
8.14to have no direct surficial connection to the public water or if permanent water runoff
8.15retention or infiltration measures are established in proximity as approved by the shoreland
8.16management authority.
8.17(c) Except as provided in paragraphs (e)
8.18plan for wetlands is not required for draining or filling up to 20 square feet of wetland
8.19as part of a project within the shoreland building setback zone, as defined in the local
8.20shoreland management ordinance. The amount in this paragraph may be increased to 100
8.21square feet if permanent water runoff retention or infiltration measures are established in
8.22proximity as approved by the shoreland management authority.
8.23(d) Except as provided in paragraphs (b)
8.24replacement plan is not required for draining or filling amounts of wetlands as part of
8.25a project:
8.26 (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
8.27tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
8.28area within the 11-county metropolitan area; or
8.29 (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
8.30protection zone in a less than 50 percent area within the 11-county metropolitan area.
8.31 For purposes of this subdivision, the 11-county metropolitan area consists of the
8.32counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
8.33Washington, and Wright.
8.34 (e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on
8.35a project.
9.1 (f) This exemption no longer applies to a landowner's portion of a wetland when
9.2the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
9.3the greatest of:
9.4 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
9.5the entire wetland;
9.6 (2) five percent of the landowner's portion of the wetland; or
9.7 (3) 400 square feet.
9.8 (g) This exemption may not be combined with another exemption in this section on
9.9a project.
9.10 (h) Property may not be divided to increase the amounts listed in paragraph (a).
9.11(i) If a local ordinance or similar local control is more restrictive than this
9.12subdivision, the local standard applies.
9.13(j) There is no de minimis and a replacement plan is required for impacts to rare
9.14wetland types such as rich fens, cedar and tamarack swamps, wetlands located within
9.15state-designated areas of biodiversity significance, and other rare wetland communities as
9.16designated by the local government unit.
9.17 Sec. 7. Minnesota Statutes 2012, section 103G.2241, subdivision 10, is amended to
9.18read:
9.19 Subd. 10. Wildlife habitat. A replacement plan for wetlands is not required for:
9.20(1) deposition of spoil resulting from excavation within a wetland for a wildlife
9.21habitat improvement project, if:
9.22(i) the total area of deposition and excavation within wetlands does not exceed five
9.23percent of the wetland area or one-half acre of wetlands, whichever is less
9.24
9.25irregular shorelines and shallow side slopes of eight feet horizontal to one foot vertical or
9.26flatter and be dominated by water depths of four feet or less. All excess excavated material
9.27must be placed at an upland location and no temporary stockpiling of excavated material
9.28is allowed in wetlands outside the footprint of the pond site;
9.29(ii) the project does not have an adverse impact on any species designated as
9.30endangered or threatened under state or federal law; and
9.31(iii) the project will provide wildlife habitat improvement as certified by the soil
9.32and water conservation district; or
9.33(2) duck blinds.
9.34 Sec. 8. Minnesota Statutes 2012, section 103G.2241, subdivision 11, is amended to read:
10.1 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
10.2under an exemption in subdivisions 1 to 10 shall ensure that:
10.3 (1) appropriate erosion control measures are taken to prevent sedimentation of
10.4the water;
10.5 (2) the activity does not block fish passage in a watercourse; and
10.6 (3) the activity is conducted in compliance with all other applicable federal,
10.7state, and local requirements, including best management practices and water resource
10.8protection requirements established under chapter 103H.
10.9 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
10.10may be indicated as not exempt under another exemption.
10.11 (c) Persons proposing to conduct an exempt activity:
10.12 (1) must provide preconstruction written or electronic notice to the local government
10.13unit or local government unit's designee at least ten days in advance of the activity,
10.14describing the purpose of the proposed activity, the location of the activity, and the
10.15quantity and extent of impacts to wetlands and explaining how the activity qualifies for
10.16an exemption; and
10.17 (2) are encouraged to contact the local government unit or the local government
10.18unit's designee for advice on minimizing wetland impacts.
10.19 (d) The board shall develop rules that address the application and implementation
10.20of exemptions and that provide for estimates and reporting of exempt wetland impacts,
10.21including those in section
10.22 Sec. 9. Minnesota Statutes 2012, section 103G.2242, subdivision 1, is amended to read:
10.23 Subdivision 1. Rules. (a) The board, in consultation with the commissioner,
10.24shall adopt rules governing the approval of wetland value replacement plans under this
10.25section and public waters work permits affecting public waters wetlands under section
10.27acceptable replacement of wetland values
10.28administration of a wetland banking program for public and private projects, which
10.29may include provisions allowing monetary payment to the wetland banking program
10.30for alteration of wetlands on agricultural land; the establishment and administration of
10.31an in-lieu fee program according to subdivision 16; the administrative, monitoring, and
10.32enforcement procedures to be used; and a procedure for the review and appeal of decisions
10.33under this section. In the case of peatlands, the replacement plan rules must consider the
10.34impact on carbon balance described in the report required by Laws 1990, chapter 587,
10.35and include the planting of trees or shrubs.
11.1(b) After the adoption of the rules, a replacement plan must be approved by a
11.2resolution of the governing body of the local government unit, consistent with the
11.3provisions of the rules or a comprehensive wetland protection and management plan
11.4approved under section
11.5(c) If the local government unit fails to apply the rules, or fails to implement a
11.6local comprehensive wetland protection and management plan established under section
11.8 Sec. 10. Minnesota Statutes 2012, section 103G.2242, is amended by adding a
11.9subdivision to read:
11.10 Subd. 8a. Notice when permit to mine required. For projects requiring a permit to
11.11mine, the board shall provide notice of a replacement plan application or an application to
11.12amend a replacement plan to all affected cities, counties, and soil and water conservation
11.13districts. The board shall give affected cities, counties, and soil and water conservation
11.14districts 30 days to comment on the proposed replacement plan or amendment and the
11.15opportunity to participate in the Technical Evaluation Panel. The board must respond to
11.16any comments received under this subdivision.
11.17 Sec. 11. Minnesota Statutes 2012, section 103G.2242, is amended by adding a
11.18subdivision to read:
11.19 Subd. 16. In-lieu fee program. The board may adopt rules to establish and
11.20administer an in-lieu fee program. The program must:
11.21(1) meet the requirements of an in-lieu fee program as defined under Code of Federal
11.22Regulations, title 33, section 332.2, and adopt, to the extent practicable, the review
11.23procedures and requirements under Code of Federal Regulations, title 33, section 332.8;
11.24(2) meet the wetlands replacement requirements of sections 103G.221 to 103G.2242,
11.25including using a watershed approach, priorities, and sequencing;
11.26(3) ensure and document that all funds collected will fully offset the public value of
11.27the wetlands lost as a result of an impact;
11.28(4) require that all in-lieu fee program project sites be constructed, seeded, and
11.29planted within two growing seasons of the first collection of funds;
11.30(5) require that funds collected fully cover the project site acquisition, construction,
11.31labor, plants, seeds, management, and monitoring;
11.32(6) require financial assurance to cover project construction, labor, planting and
11.33seeding, monitoring, and long-term management of the site; and
11.34(7) require permanent conservation easements.
12.1 Sec. 12. [103G.2376] WETLAND REPLACEMENT TRACKING SYSTEM.
12.2(a) The board and the commissioner of natural resources shall jointly develop an
12.3online wetland replacement tracking system, to be in full operation by January 1, 2015.
12.4Use of an existing state or federal online tracking system with an online viewer fulfills
12.5this requirement.
12.6(b) All approved wetland replacement sites, including private and local road
12.7replacement wetland banks, must be consolidated and their geographic extent must be
12.8displayed on the tracking system.
12.9(c) Wetland replacement approved between 1991 and 2008 must be collected and
12.10displayed on the tracking system no later than January 31, 2016. Wetland replacement
12.11approved after 2008 must be collected and displayed no later than January 31, 2015.
12.12(d) State-generated data showing known restorable wetlands or locations of possible
12.13wetland replacement opportunities must be collected and displayed no later than January
12.1431, 2015.
12.15(e) Data on the tracking system must be updated every two months.
12.16(f) The landowner, responsible party, types of wetlands restored, and status of a site's
12.17approval must be displayed on the tracking system.
12.18(g) Geographic data on the tracking system must be available for public use and
12.19to download.
12.20(h) Starting June 30, 2014, local government units must report to the board all
12.21wetland replacement sites approved within the previous month. The report must contain
12.22the information identified in paragraph (f). Reports must be sent to the board no later
12.23than the last day of each month.
12.24EFFECTIVE DATE.This section is effective the day following final enactment.
