1.1A bill for an act
1.2relating to capital improvements; appropriating money for the Board of Water and
1.3Soil Resources; authorizing the sale and issuance of bonds; modifying wetland
1.4replacement requirements;amending Minnesota Statutes 2007 Supplement,
1.5section 103G.222, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7
Section 1. new text begin CAPITAL IMPROVEMENT APPROPRIATIONS.new text end
1.8
new text begin The sums shown in the column under "Appropriations" are appropriated from the new text end
1.9
new text begin bond proceeds fund, or another named fund, to the state agencies or officials indicated, new text end
1.10
new text begin to be spent for public purposes. Appropriations of bond proceeds must be spent as new text end
1.11
new text begin authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire new text end
1.12
new text begin and better public land and buildings and other public improvements of a capital nature, or new text end
1.13
new text begin as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or new text end
1.14
new text begin article XIV. Unless otherwise specified, the appropriations in this act are available until new text end
1.15
new text begin the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.new text end
1.16
new text begin APPROPRIATIONSnew text end
1.17
1.18
Sec. 2. new text begin BOARD OF WATER AND SOIL new text end
new text begin RESOURCESnew text end
1.19
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 48,000,000new text end
1.20
new text begin To the Board of Water and Soil Resources new text end
1.21
new text begin for the purposes specified in this section.new text end
1.22
new text begin The board must record in a central location new text end
1.23
new text begin each project, funded in whole or in part new text end
2.1
new text begin with funds from this appropriation, that is new text end
2.2
new text begin expected to have carbon sequestration value new text end
2.3
new text begin in anticipation of guidelines written by an new text end
2.4
new text begin interagency committee in conjunction with new text end
2.5
new text begin the University of Minnesota for assessing new text end
2.6
new text begin changes in carbon budgets resulting from new text end
2.7
new text begin bonded restoration projects, including new text end
2.8
new text begin identification of relevant carbon pools, time new text end
2.9
new text begin frames, and measurement protocols.new text end
2.10
new text begin To the extent possible, prairie restorations, new text end
2.11
new text begin funded in whole or in part with funds from new text end
2.12
new text begin this appropriation, must be made using best new text end
2.13
new text begin management practices for native prairie new text end
2.14
new text begin restoration as defined under Minnesota new text end
2.15
new text begin Statutes, section 84.02, subdivision 2.new text end
2.16
new text begin Subd. 2.new text end new text begin RIM Reserve Programnew text end
new text begin 42,000,000new text end
2.17
new text begin To acquire conservation easements from new text end
2.18
new text begin landowners to preserve, restore, and enhance new text end
2.19
new text begin wetlands, riparian lands, and associated new text end
2.20
new text begin uplands in order to protect soil and water new text end
2.21
new text begin quality, support fish and wildlife habitat, new text end
2.22
new text begin and other public benefits. The provisions of new text end
2.23
new text begin Minnesota Statutes, section 103F.515, apply new text end
2.24
new text begin to this appropriation, except that the board new text end
2.25
new text begin may establish alternative payment rates for new text end
2.26
new text begin easements and practices to establish restored new text end
2.27
new text begin native prairies, as defined in Minnesota new text end
2.28
new text begin Statutes, section 84.02, subdivision 7, and new text end
2.29
new text begin to protect uplands. Of this appropriation, up new text end
2.30
new text begin to 10 percent may be used to administer the new text end
2.31
new text begin program.new text end
2.32
new text begin $2,400,000 of this amount is to be available new text end
2.33
new text begin for use in the area designated for relief and new text end
2.34
new text begin recovery from the flooding that occurred new text end
2.35
new text begin on or after August 18, 2007, in the area new text end
3.1
new text begin of southeast Minnesota designated under new text end
3.2
new text begin Presidential Declaration of Major Disaster, new text end
3.3
new text begin DR-1717. Funds previously appropriated and new text end
3.4
new text begin waivers previously authorized to the Board new text end
3.5
new text begin of Water and Soil Resources for DR-1717 new text end
3.6
new text begin flood relief and recovery in Laws 2007, First new text end
3.7
new text begin Special Session chapter 2, are available and new text end
3.8
new text begin applicable until June 30, 2010.new text end
3.9
new text begin The board is authorized to enter into and new text end
3.10
new text begin amend past agreements with landowners new text end
3.11
new text begin as required by Minnesota Statutes, section new text end
3.12
new text begin 103F.515, subdivision 5, to allow for new text end
3.13
new text begin overseeding and harvesting of native prairie new text end
3.14
new text begin vegetation for use for energy production in new text end
3.15
new text begin a manner that does not devalue the natural new text end
3.16
new text begin habitat, water quality benefits, or carbon new text end
3.17
new text begin sequestration functions of the area enrolled new text end
3.18
new text begin in the easement. This shall occur after seed new text end
3.19
new text begin production and minimize impacts on wildlife. new text end
3.20
new text begin Of this appropriation, up to 5 percent may be new text end
3.21
new text begin used for overseeding.new text end
3.22
3.23
new text begin Subd. 3.new text end new text begin Wetland Replacement Due to Public new text end
new text begin Road Projectsnew text end
new text begin 4,575,000new text end
3.24
new text begin To acquire land for wetland restoration or new text end
3.25
new text begin preservation to replace wetlands drained or new text end
3.26
new text begin filled as a result of the repair or rehabilitation, new text end
3.27
new text begin reconstruction, or replacement of existing new text end
3.28
new text begin public roads as required by Minnesota new text end
3.29
new text begin Statutes, section 103G.222, subdivision 1, new text end
3.30
new text begin paragraphs (l) and (m). Up to ten percent new text end
3.31
new text begin may be used to administer the program.new text end
3.32
new text begin The purchase price paid for acquisition new text end
3.33
new text begin of land, fee, or perpetual easement must new text end
3.34
new text begin be the fair market value as determined new text end
3.35
new text begin by the board. The board may enter into new text end
3.36
new text begin agreements with the federal government, new text end
4.1
new text begin other state agencies, political subdivisions, new text end
4.2
new text begin and nonprofit organizations or fee owners to new text end
4.3
new text begin acquire land and restore and create wetlands new text end
4.4
new text begin or to acquire wetland banking credits. new text end
4.5
new text begin Acquisition of or the conveyance of land may new text end
4.6
new text begin be in the name of the political subdivision.new text end
4.7
new text begin Subd. 4.new text end new text begin Clean Water Legacynew text end
new text begin 1,425,000new text end
4.8
new text begin $800,000 is to acquire conservation new text end
4.9
new text begin easements, design and construct water control new text end
4.10
new text begin structures and pumping infrastructure, and new text end
4.11
new text begin plant native prairie species of a local ecotype new text end
4.12
new text begin as defined in Minnesota Statutes, section new text end
4.13
new text begin 84.02, subdivision 6, in order to restore the new text end
4.14
new text begin Grass Lake prairie wetland basins adjacent new text end
4.15
new text begin to the city of Willmar in Kandiyohi County. new text end
4.16
new text begin This amount must be matched one to one by new text end
4.17
new text begin funding from other sources.new text end
4.18
new text begin $475,000 is for a grant to the city of Gaylord new text end
4.19
new text begin to improve water quality in the Lake new text end
4.20
new text begin Titlow watershed. The funds may be used to new text end
4.21
new text begin predesign and design holding ponds upstream new text end
4.22
new text begin from Lake Titlow. The design must include new text end
4.23
new text begin the best location for the ponds, an estimate new text end
4.24
new text begin of the cost of land acquisition or easements, new text end
4.25
new text begin construction costs of the holding ponds, and new text end
4.26
new text begin the estimated expense of maintaining the new text end
4.27
new text begin structures and who will be responsible for new text end
4.28
new text begin the expense. The funds may also be used new text end
4.29
new text begin to construct and reconstruct storm water new text end
4.30
new text begin sewer drains and related facilities to divert new text end
4.31
new text begin water that currently drains into Lake Titlow new text end
4.32
new text begin into holding ponds south of the city. The new text end
4.33
new text begin cost of reconstructing city streets as part of new text end
4.34
new text begin this diversion, and as outlined in the city of new text end
4.35
new text begin Gaylord's street improvement plan, is the new text end
5.1
new text begin responsibility of the city. This diversion new text end
5.2
new text begin will keep phosphorus and other chemicals new text end
5.3
new text begin from entering the lake and will improve new text end
5.4
new text begin the water quality of Lake Titlow. The city new text end
5.5
new text begin must also coordinate with state and county new text end
5.6
new text begin conservation officials to ensure correct new text end
5.7
new text begin conservation practices and improvements in new text end
5.8
new text begin the watershed district. For the purposes of new text end
5.9
new text begin this appropriation, the criteria, limitations, new text end
5.10
new text begin and assessment requirements in Minnesota new text end
5.11
new text begin Statutes, sections 103D.701, 103D.705, and new text end
5.12
new text begin 103D.901, are waived. The information new text end
5.13
new text begin gained from this project must be made new text end
5.14
new text begin available for public use. This appropriation new text end
5.15
new text begin is not available until the commissioner of new text end
5.16
new text begin finance determines that $200,000 has been new text end
5.17
new text begin committed to the project from other sources.new text end
5.18
new text begin $150,000 is for a grant to the Lower new text end
5.19
new text begin Minnesota Watershed District to acquire new text end
5.20
new text begin land for, and to design and construct new text end
5.21
new text begin improvements for dredge material site new text end
5.22
new text begin projects located within the district.new text end
5.23 Sec. 3.
new text begin BOND SALE AUTHORIZATION.new text end
5.24
new text begin To provide the money appropriated in this act from the bond proceeds fund, the new text end
5.25
new text begin commissioner of finance shall sell and issue bonds of the state in an amount up to new text end
5.26
new text begin $48,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota new text end
5.27
new text begin Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, new text end
5.28
new text begin sections 4 to 7.new text end
5.29 Sec. 4. Minnesota Statutes 2007 Supplement, section 103G.222, subdivision 1, is
5.30amended to read:
5.31 Subdivision 1.
Requirements. (a) Wetlands must not be drained or filled, wholly
5.32or partially, unless replaced by restoring or creating wetland areas of at least equal
5.33public value under a replacement plan approved as provided in section
103G.2242, a
5.34replacement plan under a local governmental unit's comprehensive wetland protection
6.1and management plan approved by the board under section
103G.2243, or, if a permit to
6.2mine is required under section
93.481, under a mining reclamation plan approved by the
6.3commissioner under the permit to mine. Mining reclamation plans shall apply the same
6.4principles and standards for replacing wetlands by restoration or creation of wetland areas
6.5that are applicable to mitigation plans approved as provided in section
103G.2242. Public
6.6value must be determined in accordance with section
103B.3355 or a comprehensive
6.7wetland protection and management plan established under section
103G.2243. Sections
6.8103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
6.9flooded areas of types 3, 4, and 5 wetlands.
6.10 (b) Replacement must be guided by the following principles in descending order
6.11of priority:
6.12 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
6.13the wetland;
6.14 (2) minimizing the impact by limiting the degree or magnitude of the wetland
6.15activity and its implementation;
6.16 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
6.17wetland environment;
6.18 (4) reducing or eliminating the impact over time by preservation and maintenance
6.19operations during the life of the activity;
6.20 (5) compensating for the impact by restoring a wetland; and
6.21 (6) compensating for the impact by replacing or providing substitute wetland
6.22resources or environments.
6.23 For a project involving the draining or filling of wetlands in an amount not exceeding
6.2410,000 square feet more than the applicable amount in section
103G.2241, subdivision 9,
6.25paragraph (a), the local government unit may make an on-site sequencing determination
6.26without a written alternatives analysis from the applicant.
6.27 (c) If a wetland is located in a cultivated field, then replacement must be
6.28accomplished through restoration only without regard to the priority order in paragraph
6.29(b), provided that a deed restriction is placed on the altered wetland prohibiting
6.30nonagricultural use for at least ten years.
6.31 (d) If a wetland is drained under section
103G.2241, subdivision 2, paragraphs
6.32(b) and (e), the local government unit may require a deed restriction that prohibits
6.33nonagricultural use for at least ten years unless the drained wetland is replaced as provided
6.34under this section. The local government unit may require the deed restriction if it
6.35determines the wetland area drained is at risk of conversion to a nonagricultural use within
7.1ten years based on the zoning classification, proximity to a municipality or full service
7.2road, or other criteria as determined by the local government unit.
7.3 (e) Restoration and replacement of wetlands must be accomplished in accordance
7.4with the ecology of the landscape area affected and ponds that are created primarily to
7.5fulfill stormwater management, and water quality treatment requirements may not be
7.6used to satisfy replacement requirements under this chapter unless the design includes
7.7pretreatment of runoff and the pond is functioning as a wetland.
7.8 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
7.9located on nonagricultural land, replacement must be in the ratio of two acres of replaced
7.10wetland for each acre of drained or filled wetland.
7.11 (g) For a wetland or public waters wetland located on agricultural land or in a greater
7.12than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
7.13for each acre of drained or filled wetland.
7.14 (h) Wetlands that are restored or created as a result of an approved replacement plan
7.15are subject to the provisions of this section for any subsequent drainage or filling.
7.16 (i) Except in a greater than 80 percent area, only wetlands that have been restored
7.17from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
7.18wetlands created by dikes or dams along public or private drainage ditches, or wetlands
7.19created by dikes or dams associated with the restoration of previously drained or filled
7.20wetlands may be used in a statewide banking program established in rules adopted under
7.21section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
7.22occurring wetlands from one type to another are not eligible for enrollment in a statewide
7.23wetlands bank.
7.24 (j) The Technical Evaluation Panel established under section
103G.2242, subdivision
7.252
, shall ensure that sufficient time has occurred for the wetland to develop wetland
7.26characteristics of soils, vegetation, and hydrology before recommending that the wetland
7.27be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
7.28to believe that the wetland characteristics may change substantially, the panel shall
7.29postpone its recommendation until the wetland has stabilized.
7.30 (k) This section and sections
103G.223 to
103G.2242,
103G.2364, and
103G.2365
7.31apply to the state and its departments and agencies.
7.32 (l) For projects involving draining or filling of wetlands associated with a new public
7.33transportation
new text begin roadnew text end project, and for
new text begin public road new text end projects expanded solely for additional
7.34traffic capacity, public transportation
new text begin roadnew text end authorities may purchase credits from the board
7.35at the cost to the board to establish credits. Proceeds from the sale of credits provided
7.36under this paragraph are appropriated to the board for the purposes of this paragraph.
new text begin new text end
8.1
new text begin For purposes of this paragraph, public road authorities include the state of Minnesota, new text end
8.2
new text begin counties, cities, and townships.new text end
8.3 (m) A replacement plan for wetlands is not required for individual projects that
8.4result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
8.5or replacement of a currently serviceable existing state, city, county, or town public road
8.6necessary, as determined by the public transportation authority, to meet state or federal
8.7design or safety standards or requirements, excluding new roads or roads expanded solely
8.8for additional traffic capacity lanes. This paragraph only applies to authorities for public
8.9transportation projects that:
8.10 (1) minimize the amount of wetland filling or draining associated with the project
8.11and consider mitigating important site-specific wetland functions on-site;
8.12 (2) except as provided in clause (3), submit project-specific reports to the board, the
8.13Technical Evaluation Panel, the commissioner of natural resources, and members of the
8.14public requesting a copy at least 30 days prior to construction that indicate the location,
8.15amount, and type of wetlands to be filled or drained by the project or, alternatively,
8.16convene an annual meeting of the parties required to receive notice to review projects to
8.17be commenced during the upcoming year; and
8.18 (3) for minor and emergency maintenance work impacting less than 10,000 square
8.19feet, submit project-specific reports, within 30 days of commencing the activity, to the
8.20board that indicate the location, amount, and type of wetlands that have been filled
8.21or drained.
8.22 Those required to receive notice of public transportation projects may appeal
8.23minimization, delineation, and on-site mitigation decisions made by the public
8.24transportation authority to the board according to the provisions of section
103G.2242,
8.25subdivision 9
. The Technical Evaluation Panel shall review minimization and delineation
8.26decisions made by the public transportation authority and provide recommendations
8.27regarding on-site mitigation if requested to do so by the local government unit, a
8.28contiguous landowner, or a member of the Technical Evaluation Panel.
8.29 Except for state public transportation projects, for which the state Department of
8.30Transportation is responsible, the board must replace the wetlands, and wetland areas of
8.31public waters if authorized by the commissioner or a delegated authority, drained or filled
8.32by public transportation projects on existing roads.
8.33 Public transportation authorities at their discretion may deviate from federal and
8.34state design standards on existing road projects when practical and reasonable to avoid
8.35wetland filling or draining, provided that public safety is not unreasonably compromised.
8.36The local road authority and its officers and employees are exempt from liability for
9.1any tort claim for injury to persons or property arising from travel on the highway and
9.2related to the deviation from the design standards for construction or reconstruction under
9.3this paragraph. This paragraph does not preclude an action for damages arising from
9.4negligence in construction or maintenance on a highway.
9.5 (n) If a landowner seeks approval of a replacement plan after the proposed project
9.6has already affected the wetland, the local government unit may require the landowner to
9.7replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
9.8required.
9.9 (o) A local government unit may request the board to reclassify a county or
9.10watershed on the basis of its percentage of presettlement wetlands remaining. After
9.11receipt of satisfactory documentation from the local government, the board shall change
9.12the classification of a county or watershed. If requested by the local government unit,
9.13the board must assist in developing the documentation. Within 30 days of its action to
9.14approve a change of wetland classifications, the board shall publish a notice of the change
9.15in the Environmental Quality Board Monitor.
9.16 (p) One hundred citizens who reside within the jurisdiction of the local government
9.17unit may request the local government unit to reclassify a county or watershed on the basis
9.18of its percentage of presettlement wetlands remaining. In support of their petition, the
9.19citizens shall provide satisfactory documentation to the local government unit. The local
9.20government unit shall consider the petition and forward the request to the board under
9.21paragraph (o) or provide a reason why the petition is denied.
9.22 Sec. 5.
new text begin EFFECTIVE DATE.new text end
9.23
new text begin Except as otherwise provided, this act is effective the day following final enactment.new text end
