Bill Text: MN SF2042 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Wetland Conservation Act modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-15 - Second reading [SF2042 Detail]
Download: Minnesota-2011-SF2042-Engrossed.html
1.2relating to natural resources; modifying Wetland Conservation Act;amending
1.3Minnesota Statutes 2010, sections 103G.2241, subdivision 9; 103G.2242,
1.4subdivision 3; Minnesota Statutes 2011 Supplement, section 103G.222,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.6103G.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
1.11partially, unless replaced by restoring or creating wetland areas of at least equal public
1.12value under a replacement plan approved as provided in section103G.2242 , a replacement
1.13plan under a local governmental unit's comprehensive wetland protection and management
1.14plan approved by the board under section103G.2243 , or, if a permit to mine is required
1.15under section93.481 , under a mining reclamation plan approved by the commissioner
1.16under the permit to mine. For project-specific wetland replacement completed prior to
1.17wetland impacts authorized or conducted under a permit to mine within the Great Lakes
1.18and Rainy River watershed basins, those basins shall be considered a single watershed
1.19for purposes of determining wetland replacement ratios. Mining reclamation plans shall
1.20apply the same principles and standards for replacing wetlands by restoration or creation
1.21of wetland areas that are applicable to mitigation plans approved as provided in section
1.22103G.2242
. Public value must be determined in accordance with section
103B.3355 or
1.23a comprehensive wetland protection and management plan established under section
1.24103G.2243
. Sections
103G.221 to
103G.2372 also apply to excavation in permanently
1.25and semipermanently flooded areas of types 3, 4, and 5 wetlands.
2.1 (b) Replacement must be guided by the following principles in descending order
2.2of priority:
2.3 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.4the wetland;
2.5 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.6activity and its implementation;
2.7 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.8wetland environment;
2.9 (4) reducing or eliminating the impact over time by preservation and maintenance
2.10operations during the life of the activity;
2.11 (5) compensating for the impact by restoring a wetland; and
2.12 (6) compensating for the impact by replacing or providing substitute wetland
2.13resources or environments.
2.14 For a project involving the draining or filling of wetlands in an amount not exceeding
2.1510,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
2.16paragraph (a), the local government unit may make an on-site sequencing determination
2.17without a written alternatives analysis from the applicant.
2.18 (c) If a wetland is located in a cultivated field, then replacement must be
2.19accomplished through restoration only without regard to the priority order in paragraph
2.20(b), provided thata deed restriction is placed on the altered wetland prohibiting is not
2.21converted to a nonagricultural use for at least ten years.
2.22 (d) If a wetland is replaced under paragraph (c), or drained under section103G.2241,
2.23subdivision 2 , paragraphs paragraph (b) and or (e), the local government unit may require
2.24a deed restriction that prohibits nonagricultural use for at least ten yearsunless the drained
2.25wetland is replaced as provided under this section. The local government unit may require
2.26the deed restriction if it determines the wetland area drained is at risk of conversion to
2.27a nonagricultural use within ten years based on the zoning classification, proximity to a
2.28municipality or full service road, or other criteria as determined by the local government
2.29unit.
2.30 (e) Restoration and replacement of wetlands must be accomplished in accordance
2.31with the ecology of the landscape area affected and ponds that are created primarily to
2.32fulfill storm water management, and water quality treatment requirements may not be
2.33used to satisfy replacement requirements under this chapter unless the design includes
2.34pretreatment of runoff and the pond is functioning as a wetland.
3.1 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
3.2located on nonagricultural land, replacement must be in the ratio of two acres of replaced
3.3wetland for each acre of drained or filled wetland.
3.4 (g) For a wetland or public waters wetland located on agricultural land or in a greater
3.5than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
3.6for each acre of drained or filled wetland.
3.7 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.8are subject to the provisions of this section for any subsequent drainage or filling.
3.9 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.10from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.11wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.12created by dikes or dams associated with the restoration of previously drained or filled
3.13wetlands may be used in a statewide banking program established in rules adopted under
3.14section103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally
3.15occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.16wetlands bank.
3.17 (j) The Technical Evaluation Panel established under section103G.2242, subdivision
3.182 , shall ensure that sufficient time has occurred for the wetland to develop wetland
3.19characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.20be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
3.21to believe that the wetland characteristics may change substantially, the panel shall
3.22postpone its recommendation until the wetland has stabilized.
3.23 (k) This section and sections103G.223 to
103G.2242 ,
103G.2364 , and
103G.2365
3.24apply to the state and its departments and agencies.
3.25 (l) For projects involving draining or filling of wetlands associated with a new public
3.26transportation project, and for projects expanded solely for additional traffic capacity,
3.27public transportation authorities may purchase credits from the board at the cost to the
3.28board to establish credits. Proceeds from the sale of credits provided under this paragraph
3.29are appropriated to the board for the purposes of this paragraph. For the purposes of this
3.30paragraph, "transportation project" does not include an airport project.
3.31 (m) A replacement plan for wetlands is not required for individual projects that
3.32result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
3.33or replacement of a currently serviceable existing state, city, county, or town public road
3.34necessary, as determined by the public transportation authority, to meet state or federal
3.35design or safety standards or requirements, excluding new roads or roads expanded solely
4.1for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.2transportation projects that:
4.3 (1) minimize the amount of wetland filling or draining associated with the project
4.4and consider mitigating important site-specific wetland functions on site;
4.5 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.6Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.7public requesting a copy at least 30 days prior to construction that indicate the location,
4.8amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.9convene an annual meeting of the parties required to receive notice to review projects to
4.10be commenced during the upcoming year; and
4.11 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.12feet, submit project-specific reports, within 30 days of commencing the activity, to the
4.13board that indicate the location, amount, and type of wetlands that have been filled
4.14or drained.
4.15 Those required to receive notice of public transportation projects may appeal
4.16minimization, delineation, and on-site mitigation decisions made by the public
4.17transportation authority to the board according to the provisions of section103G.2242,
4.18subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
4.19decisions made by the public transportation authority and provide recommendations
4.20regarding on-site mitigation if requested to do so by the local government unit, a
4.21contiguous landowner, or a member of the Technical Evaluation Panel.
4.22 Except for state public transportation projects, for which the state Department of
4.23Transportation is responsible, the board must replace the wetlands, and wetland areas of
4.24public waters if authorized by the commissioner or a delegated authority, drained or filled
4.25by public transportation projects on existing roads.
4.26 Public transportation authorities at their discretion may deviate from federal and
4.27state design standards on existing road projects when practical and reasonable to avoid
4.28wetland filling or draining, provided that public safety is not unreasonably compromised.
4.29The local road authority and its officers and employees are exempt from liability for
4.30any tort claim for injury to persons or property arising from travel on the highway and
4.31related to the deviation from the design standards for construction or reconstruction under
4.32this paragraph. This paragraph does not preclude an action for damages arising from
4.33negligence in construction or maintenance on a highway.
4.34 (n) If a landowner seeks approval of a replacement plan after the proposed project
4.35has already affected the wetland, the local government unit may require the landowner to
5.1replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
5.2required.
5.3 (o) A local government unit may request the board to reclassify a county or
5.4watershed on the basis of its percentage of presettlement wetlands remaining. After
5.5receipt of satisfactory documentation from the local government, the board shall change
5.6the classification of a county or watershed. If requested by the local government unit,
5.7the board must assist in developing the documentation. Within 30 days of its action to
5.8approve a change of wetland classifications, the board shall publish a notice of the change
5.9in the Environmental Quality Board Monitor.
5.10 (p) One hundred citizens who reside within the jurisdiction of the local government
5.11unit may request the local government unit to reclassify a county or watershed on the basis
5.12of its percentage of presettlement wetlands remaining. In support of their petition, the
5.13citizens shall provide satisfactory documentation to the local government unit. The local
5.14government unit shall consider the petition and forward the request to the board under
5.15paragraph (o) or provide a reason why the petition is denied.
5.16 Sec. 2. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to read:
5.17 Subd. 9. De minimis. (a) Except as provided in paragraphs(b) (d), (e), (f), (g), and
5.18(c) (h), a replacement plan for wetlands is not required for draining or filling the following
5.19amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
5.20 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
5.21tamarack wetlands,outside of the shoreland wetland protection zone in a greater than
5.2280 percent area;
5.23 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
5.24tamarack wetlands,outside of the shoreland wetland protection zone in a 50 to 80 percent
5.25area, except within the 11-county metropolitan area;
5.26 (3) 2,000 square feet of type 1, 2,or 6, or 7 wetland, outside of the shoreland wetland
5.27protection zone excluding white cedar and tamarack wetlands, in a less than 50 percent
5.28area, except within the 11-county metropolitan area; or
5.29 (4)100 200 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack
5.30wetlandtypes not listed in clauses (1) to (3) outside of the building setback zone of the
5.31shoreland wetland protection zones in all counties;.
5.32(b) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan
5.33for wetlands is not required for draining or filling the following amounts of wetlands
5.34as part of a project within the shoreland wetland protection zone beyond the shoreland
5.35building setback zone:
6.1(5) (1) 400 square feet of type 1, 2, 6, or 7 wetland types listed in clauses (1) to
6.2(3), beyond the building setback zone, as defined in the local shoreland management
6.3ordinance, but within the shoreland wetland protection zone.; or
6.4(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
6.5In a greater than 80 percent area, the local government unit may increase the de
6.6minimis amount allowed under this paragraph up to 1,000 square feet if the wetland is
6.7isolated and is determined to have no direct surficial connection to the public water.
6.8(c) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan for
6.9wetlands is not required for draining or filling up to 100 square feet of wetland as part
6.10of a project within the shoreland building setback zone, as defined in the local shoreland
6.11management ordinance.
6.12To the extent that a local shoreland management ordinance is more restrictive than
6.13this provision, the local shoreland ordinance applies;
6.14(6) up to 20 square feet of wetland, regardless of type or location;
6.15(7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
6.16tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
6.17area within the 11-county metropolitan area; or
6.18(8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
6.19protection zone in a less than 50 percent area within the 11-county metropolitan area.
6.20For purposes of this paragraph, the 11-county metropolitan area consists of the
6.21counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
6.22Washington, and Wright.
6.23(b) (d) The amounts listed in paragraph paragraphs (a), clauses (1) to (8), (b), and (c)
6.24may not be combined on a project.
6.25(c) (e) This exemption no longer applies to a landowner's portion of a wetland
6.26when the cumulative area drained or filled of the landowner's portion since January 1,
6.271992, is the greatest of:
6.28 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
6.29the entire wetland;
6.30 (2) five percent of the landowner's portion of the wetland; or
6.31 (3) 400 square feet.
6.32(d) (f) This exemption may not be combined with another exemption in this section
6.33on a project.
6.34(e) (g) Property may not be divided to increase the amounts listed in paragraph (a).
6.35(h) If a local ordinance or similar local control is more restrictive than this
6.36subdivision, the local standard applies.
7.1 Sec. 3. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to read:
7.2 Subd. 3. Replacement completion. Replacement of wetland values must be
7.3completed prior to or concurrent with the actual draining or filling of a wetland,or unless
7.4an irrevocable bank letter of credit or other security acceptable to the local government
7.5unitmust be or the board is given to the local government unit or the board to guarantee
7.6the successful completion of the replacement. The board may establish, sponsor, or
7.7administer a wetland banking program, which may include provisions allowing monetary
7.8payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
7.9that occur in greater than 80 percent areas, and for public road projects. The board shall
7.10coordinate the establishment and operation of a wetland bank with the United States
7.11Army Corps of Engineers, the Natural Resources Conservation Service of the United
7.12States Department of Agriculture, and the commissioners of natural resources, agriculture,
7.13and the Pollution Control Agency.
7.14 Sec. 4. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
7.15WATER ACT.
7.16Notwithstanding any other law to the contrary, the Board of Water and Soil
7.17Resources, in consultation with the commissioners of natural resources, agriculture,
7.18and the Pollution Control Agency, may adopt or amend rules establishing a program
7.19for regulating the discharge of dredged and fill material into the waters of the state as
7.20necessary to obtain approval from the United States Environmental Protection Agency to
7.21administer, in whole or part, the permitting and wetland banking programs under section
7.22404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
7.23may not be more restrictive than the program under section 404 or state law.
1.3Minnesota Statutes 2010, sections 103G.2241, subdivision 9; 103G.2242,
1.4subdivision 3; Minnesota Statutes 2011 Supplement, section 103G.222,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.6103G.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
1.11partially, unless replaced by restoring or creating wetland areas of at least equal public
1.12value under a replacement plan approved as provided in section
1.13plan under a local governmental unit's comprehensive wetland protection and management
1.14plan approved by the board under section
1.15under section
1.16under the permit to mine. For project-specific wetland replacement completed prior to
1.17wetland impacts authorized or conducted under a permit to mine within the Great Lakes
1.18and Rainy River watershed basins, those basins shall be considered a single watershed
1.19for purposes of determining wetland replacement ratios. Mining reclamation plans shall
1.20apply the same principles and standards for replacing wetlands by restoration or creation
1.21of wetland areas that are applicable to mitigation plans approved as provided in section
1.23a comprehensive wetland protection and management plan established under section
1.25and semipermanently flooded areas of types 3, 4, and 5 wetlands.
2.1 (b) Replacement must be guided by the following principles in descending order
2.2of priority:
2.3 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
2.4the wetland;
2.5 (2) minimizing the impact by limiting the degree or magnitude of the wetland
2.6activity and its implementation;
2.7 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
2.8wetland environment;
2.9 (4) reducing or eliminating the impact over time by preservation and maintenance
2.10operations during the life of the activity;
2.11 (5) compensating for the impact by restoring a wetland; and
2.12 (6) compensating for the impact by replacing or providing substitute wetland
2.13resources or environments.
2.14 For a project involving the draining or filling of wetlands in an amount not exceeding
2.1510,000 square feet more than the applicable amount in section
2.16paragraph (a), the local government unit may make an on-site sequencing determination
2.17without a written alternatives analysis from the applicant.
2.18 (c) If a wetland is located in a cultivated field, then replacement must be
2.19accomplished through restoration only without regard to the priority order in paragraph
2.20(b), provided that
2.21converted to a nonagricultural use for at least ten years.
2.22 (d) If a wetland is replaced under paragraph (c), or drained under section
2.23subdivision 2
2.24a deed restriction that prohibits nonagricultural use for at least ten years
2.25
2.26the deed restriction if it determines the wetland area drained is at risk of conversion to
2.27a nonagricultural use within ten years based on the zoning classification, proximity to a
2.28municipality or full service road, or other criteria as determined by the local government
2.29unit.
2.30 (e) Restoration and replacement of wetlands must be accomplished in accordance
2.31with the ecology of the landscape area affected and ponds that are created primarily to
2.32fulfill storm water management, and water quality treatment requirements may not be
2.33used to satisfy replacement requirements under this chapter unless the design includes
2.34pretreatment of runoff and the pond is functioning as a wetland.
3.1 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
3.2located on nonagricultural land, replacement must be in the ratio of two acres of replaced
3.3wetland for each acre of drained or filled wetland.
3.4 (g) For a wetland or public waters wetland located on agricultural land or in a greater
3.5than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
3.6for each acre of drained or filled wetland.
3.7 (h) Wetlands that are restored or created as a result of an approved replacement plan
3.8are subject to the provisions of this section for any subsequent drainage or filling.
3.9 (i) Except in a greater than 80 percent area, only wetlands that have been restored
3.10from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.11wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.12created by dikes or dams associated with the restoration of previously drained or filled
3.13wetlands may be used in a statewide banking program established in rules adopted under
3.14section
3.15occurring wetlands from one type to another are not eligible for enrollment in a statewide
3.16wetlands bank.
3.17 (j) The Technical Evaluation Panel established under section
3.182
3.19characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.20be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
3.21to believe that the wetland characteristics may change substantially, the panel shall
3.22postpone its recommendation until the wetland has stabilized.
3.23 (k) This section and sections
3.25 (l) For projects involving draining or filling of wetlands associated with a new public
3.26transportation project, and for projects expanded solely for additional traffic capacity,
3.27public transportation authorities may purchase credits from the board at the cost to the
3.28board to establish credits. Proceeds from the sale of credits provided under this paragraph
3.29are appropriated to the board for the purposes of this paragraph. For the purposes of this
3.30paragraph, "transportation project" does not include an airport project.
3.31 (m) A replacement plan for wetlands is not required for individual projects that
3.32result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
3.33or replacement of a currently serviceable existing state, city, county, or town public road
3.34necessary, as determined by the public transportation authority, to meet state or federal
3.35design or safety standards or requirements, excluding new roads or roads expanded solely
4.1for additional traffic capacity lanes. This paragraph only applies to authorities for public
4.2transportation projects that:
4.3 (1) minimize the amount of wetland filling or draining associated with the project
4.4and consider mitigating important site-specific wetland functions on site;
4.5 (2) except as provided in clause (3), submit project-specific reports to the board, the
4.6Technical Evaluation Panel, the commissioner of natural resources, and members of the
4.7public requesting a copy at least 30 days prior to construction that indicate the location,
4.8amount, and type of wetlands to be filled or drained by the project or, alternatively,
4.9convene an annual meeting of the parties required to receive notice to review projects to
4.10be commenced during the upcoming year; and
4.11 (3) for minor and emergency maintenance work impacting less than 10,000 square
4.12feet, submit project-specific reports, within 30 days of commencing the activity, to the
4.13board that indicate the location, amount, and type of wetlands that have been filled
4.14or drained.
4.15 Those required to receive notice of public transportation projects may appeal
4.16minimization, delineation, and on-site mitigation decisions made by the public
4.17transportation authority to the board according to the provisions of section
4.18subdivision 9
4.19decisions made by the public transportation authority and provide recommendations
4.20regarding on-site mitigation if requested to do so by the local government unit, a
4.21contiguous landowner, or a member of the Technical Evaluation Panel.
4.22 Except for state public transportation projects, for which the state Department of
4.23Transportation is responsible, the board must replace the wetlands, and wetland areas of
4.24public waters if authorized by the commissioner or a delegated authority, drained or filled
4.25by public transportation projects on existing roads.
4.26 Public transportation authorities at their discretion may deviate from federal and
4.27state design standards on existing road projects when practical and reasonable to avoid
4.28wetland filling or draining, provided that public safety is not unreasonably compromised.
4.29The local road authority and its officers and employees are exempt from liability for
4.30any tort claim for injury to persons or property arising from travel on the highway and
4.31related to the deviation from the design standards for construction or reconstruction under
4.32this paragraph. This paragraph does not preclude an action for damages arising from
4.33negligence in construction or maintenance on a highway.
4.34 (n) If a landowner seeks approval of a replacement plan after the proposed project
4.35has already affected the wetland, the local government unit may require the landowner to
5.1replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
5.2required.
5.3 (o) A local government unit may request the board to reclassify a county or
5.4watershed on the basis of its percentage of presettlement wetlands remaining. After
5.5receipt of satisfactory documentation from the local government, the board shall change
5.6the classification of a county or watershed. If requested by the local government unit,
5.7the board must assist in developing the documentation. Within 30 days of its action to
5.8approve a change of wetland classifications, the board shall publish a notice of the change
5.9in the Environmental Quality Board Monitor.
5.10 (p) One hundred citizens who reside within the jurisdiction of the local government
5.11unit may request the local government unit to reclassify a county or watershed on the basis
5.12of its percentage of presettlement wetlands remaining. In support of their petition, the
5.13citizens shall provide satisfactory documentation to the local government unit. The local
5.14government unit shall consider the petition and forward the request to the board under
5.15paragraph (o) or provide a reason why the petition is denied.
5.16 Sec. 2. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to read:
5.17 Subd. 9. De minimis. (a) Except as provided in paragraphs
5.18
5.19amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
5.20 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
5.21tamarack wetlands,
5.2280 percent area;
5.23 (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
5.24tamarack wetlands,
5.25area
5.26 (3) 2,000 square feet of type 1, 2,
5.27
5.28area
5.29 (4)
5.30wetland
5.31
5.32(b) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan
5.33for wetlands is not required for draining or filling the following amounts of wetlands
5.34as part of a project within the shoreland wetland protection zone beyond the shoreland
5.35building setback zone:
6.1
6.2
6.3
6.4(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
6.5In a greater than 80 percent area, the local government unit may increase the de
6.6minimis amount allowed under this paragraph up to 1,000 square feet if the wetland is
6.7isolated and is determined to have no direct surficial connection to the public water.
6.8(c) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan for
6.9wetlands is not required for draining or filling up to 100 square feet of wetland as part
6.10of a project within the shoreland building setback zone, as defined in the local shoreland
6.11management ordinance.
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24may not be combined on a project.
6.25
6.26when the cumulative area drained or filled of the landowner's portion since January 1,
6.271992, is the greatest of:
6.28 (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
6.29the entire wetland;
6.30 (2) five percent of the landowner's portion of the wetland; or
6.31 (3) 400 square feet.
6.32
6.33on a project.
6.34
6.35(h) If a local ordinance or similar local control is more restrictive than this
6.36subdivision, the local standard applies.
7.1 Sec. 3. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to read:
7.2 Subd. 3. Replacement completion. Replacement of wetland values must be
7.3completed prior to or concurrent with the actual draining or filling of a wetland,
7.4an irrevocable bank letter of credit or other security acceptable to the local government
7.5unit
7.6the successful completion of the replacement. The board may establish, sponsor, or
7.7administer a wetland banking program, which may include provisions allowing monetary
7.8payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
7.9that occur in greater than 80 percent areas, and for public road projects. The board shall
7.10coordinate the establishment and operation of a wetland bank with the United States
7.11Army Corps of Engineers, the Natural Resources Conservation Service of the United
7.12States Department of Agriculture, and the commissioners of natural resources, agriculture,
7.13and the Pollution Control Agency.
7.14 Sec. 4. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
7.15WATER ACT.
7.16Notwithstanding any other law to the contrary, the Board of Water and Soil
7.17Resources, in consultation with the commissioners of natural resources, agriculture,
7.18and the Pollution Control Agency, may adopt or amend rules establishing a program
7.19for regulating the discharge of dredged and fill material into the waters of the state as
7.20necessary to obtain approval from the United States Environmental Protection Agency to
7.21administer, in whole or part, the permitting and wetland banking programs under section
7.22404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
7.23may not be more restrictive than the program under section 404 or state law.
