HF 1498

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:56pm

A bill for an act
relating to waters; modifying rulemaking requirements for wetland banking;
amending Minnesota Statutes 2022, section 103G.2242, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 103G.2242, subdivision 1, is amended to
read:

Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program; new text begin the mitigation and banking of other water and water-related resources; new text end the
administrative, monitoring, and enforcement procedures to be used; and a procedure for the
review and appeal of decisions under this section. In the case of peatlands, the replacement
plan rules must consider the impact on carbon. Any in-lieu fee program established by the
board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.

(d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.