HF 4764

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 02:38 p.m.

A bill for an act
relating to natural resources; modifying wetland replacement requirements;
amending Minnesota Statutes 2024, section 103G.222, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) Impacted wetlands outside of a greater than
80 percent area must not be replaced in a greater than 80 percent area. All wetland
replacement must follow this priority order:

(1) in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.

deleted text begin (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant may
seek opportunities at the next level.

deleted text begin (e) deleted text end new text begin (d) new text end For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require
minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in
perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing
technology, and logistics consistent with overall project purposes.

deleted text begin (f) deleted text end new text begin (e) new text end Regulatory agencies, local government units, and other entities involved in wetland
restoration shall collaborate to identify potential replacement opportunities within their
jurisdictional areas.

deleted text begin (g) deleted text end new text begin (f) new text end The board must establish wetland-replacement ratios and wetland bank service
area priorities to implement the siting and targeting of wetland replacement and encourage
the use of high priority areas for wetland replacement.

deleted text begin (h) deleted text end new text begin (g) new text end Wetland replacement sites identified in accordance with the priority order for
replacement siting in paragraph (a) as part of the completion of an adequate environmental
impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
or 103G.2243 without further modification related to the priority order, notwithstanding
availability of new mitigation sites or availability of credits after completion of an adequate
environmental impact statement. Wetland-replacement-plan applications must be submitted
within one year of the adequacy determination of the environmental impact statement to be
eligible for approval under this paragraph.