1.1 	A bill for an act
1.2 	relating to natural resources; modifying provisions for wetland value replacement 
1.3 	plans; providing for development standards in the city of Dayton;amending 
1.4 	Minnesota Statutes 2008, section 103G.2242, subdivisions 2a, 9, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 103G.2242, subdivision 2a, is amended to 
1.8 	read:
1.9 		Subd. 2a.Wetland boundary or type determination. (a) A landowner may apply 
1.10 	for a wetland boundary or type determination from the local government unit. The 
1.11 	landowner applying for the determination is responsible for submitting proof necessary 
1.12 	to make the determination, including, but not limited to, wetland delineation field data, 
1.13 	observation well data, topographic mapping, survey mapping, and information regarding 
1.14 	soils, vegetation, hydrology, and groundwater both within and outside of the proposed 
1.15 	wetland boundary.
1.16 	(b) A local government unit that receives an application under paragraph (a) may 
1.17 	seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, 
1.18 	if necessary, expand the Technical Evaluation Panel. The local government unit may 
1.19 	delegate the decision authority for wetland boundary or type determinations to designated 
1.20 	staff, or establish other procedures it considers appropriate.
1.21 	(c) The local government unit decision must be made in compliance with section 
1.22 	15.99. Within ten calendar days of the decision, the local government unit decision must 
1.23 	be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 
1.24 	district or watershed management organization, if one exists, and individual members of 
1.25 	the public who request a copy. 
2.1 	(d) Appeals of decisions made by designated local government staff must be made 
2.2 	to the local government unit. Notwithstanding any law to the contrary, A ruling on an 
2.3 	appeal must be made by the local government unit within 30 days from the date of the 
2.4 	filing of the appeal.
2.5 	(e) The local government unit decision is valid for three years unless the Technical 
2.6 	Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 
2.7 	or soils of the area have been sufficient to alter the wetland boundary or type.

2.8 	Sec. 2. Minnesota Statutes 2008, section 103G.2242, is amended by adding a 
2.9 	subdivision to read:
2.10 		Subd. 8a.Local appeals. Appeals of decisions made by designated local 
2.11 	government staff must be made to the local government unit. A decision on an appeal 
2.12 	must be made by the local government unit within 45 days from the date of receipt of 
2.13 	the appeal. If a decision on the appeal provided for in this subdivision cannot be made 
2.14 	within the time allowed under section 15.99, the appeal shall be considered by the local 
2.15 	government unit no later than its next regularly scheduled public meeting in accordance 
2.16 	with the minimum notice and hearing requirements applicable to the local government 
2.17 	unit. The time for making a decision on the appeal may be extended by consent of the 
2.18 	appellant, the landowner if different than the appellant, and the local government unit. A 
2.19 	decision on an appeal by the local government unit consistent with this subdivision shall 
2.20 	be considered to be within the periods provided by section 15.99.

2.21 	Sec. 3. Minnesota Statutes 2008, section 103G.2242, subdivision 9, is amended to read:
2.22 		Subd. 9.Appeal Appeals to the board. (a) Appeal of a replacement plan,
2.23 	sequencing, exemption, wetland banking, wetland boundary or type determination, or
2.24 	no-loss decision, or restoration order may be obtained by mailing a petition and payment 
2.25 	of a filing fee, which shall be retained by the board to defray administrative costs, to the 
2.26 	board within 30 days after the postmarked date of the mailing specified in subdivision 7. If 
2.27 	appeal is not sought within 30 days, the decision becomes final. If the petition for hearing 
2.28 	is accepted, the amount posted must be returned to the petitioner. Appeal may be made by:
2.29 	(1) the wetland owner;
2.30 	(2) any of those to whom notice is required to be mailed under subdivision 7; or
2.31 	(3) 100 residents of the county in which a majority of the wetland is located.
2.32 	(b) Within 30 days after receiving a petition, the board shall decide whether to 
2.33 	grant the petition and hear the appeal. The board shall grant the petition unless the board 
2.34 	finds that:
3.1 	(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
3.2 	(2) the petitioner has not exhausted all local administrative remedies;
3.3 	(3) expanded technical review is needed;
3.4 	(4) the local government unit's record is not adequate; or
3.5 	(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 
3.6 	by the local government unit.
3.7 	(c) In determining whether to grant the appeal, the board shall also consider the 
3.8 	size of the wetland, other factors in controversy, any patterns of similar acts by the local 
3.9 	government unit or petitioner, and the consequences of the delay resulting from the appeal.
3.10 	(d) All appeals must be heard by the committee for dispute resolution of the board, 
3.11 	and a decision made within 60 days of filing the local government unit's record and the 
3.12 	written briefs submitted for the appeal. The decision must be served by mail on the parties 
3.13 	to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 
3.14 	grant a petition for appeal and a decision on the merits of an appeal must be considered the 
3.15 	decision of an agency in a contested case for purposes of judicial review under sections 
3.16 	14.63 to 14.69. 
3.17 	(e) Notwithstanding any law to the contrary, a landowner or other responsible 
3.18 	party may appeal a restoration or replacement order within 30 days of receipt of written 
3.19 	notice of the order. The board's executive director must make a final decision to modify, 
3.20 	rescind, deny, or stay an appeal of a restoration or replacement order within 60 days of 
3.21 	the receipt of a petition.
3.22 	(e) (f) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 
3.23 	defray the administrative costs of appeals made to the board under this subdivision. Fees 
3.24 	established under this authority shall not exceed $1,000. Establishment of the fee is not 
3.25 	subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

3.26 	Sec. 4. MISSISSIPPI RIVER MANAGEMENT PLAN.
 3.27 	Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the 
3.28 	area commonly known as the historic village of Dayton shall conform to the general 
3.29 	development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except 
3.30 	that marinas shall not be allowed and the provisions and administrative procedures of 
3.31 	Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still 
3.32 	apply.

3.33 	EFFECTIVE DATE. This section is effective the day following final enactment.