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HF 993

as introduced - 89th Legislature (2015 - 2016) Posted on 02/18/2015 11:14am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2015

Current Version - as introduced

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A bill for an act
relating to natural resources; modifying membership and duties of Board
of Water and Soil Resources; modifying wetland replacement requirement;
amending Minnesota Statutes 2014, sections 103B.101, subdivisions 1, 2, 5;
103G.222, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 103B.101, subdivision 1, is amended to
read:


Subdivision 1.

Membership.

The Board of Water and Soil Resources is composed
of deleted text begin 15deleted text end new text begin 20new text end appointed members knowledgeable of water and soil problems and conditions
within the state deleted text begin and five ex officio membersdeleted text end .

Sec. 2.

Minnesota Statutes 2014, section 103B.101, subdivision 2, is amended to read:


Subd. 2.

Voting members.

(a) The members are:

(1) deleted text begin three county commissionersdeleted text end new text begin one member from each congressional district with
an initial term of two years to begin July 1, 2016
new text end ;

(2) deleted text begin three soil and water conservation district supervisorsdeleted text end new text begin one member from each
congressional district with an initial term of four years to begin July 1, 2016
new text end ;

(3) deleted text begin three watershed district or watershed management organization representativesdeleted text end new text begin
two statewide members with an initial term of two years to begin July 1, 2016
new text end ;new text begin and
new text end

(4) deleted text begin three citizens who are not employed by, or the appointed or elected officials of,
a state governmental office, board, or agency;
deleted text end new text begin two statewide members with an initial
term of four years to begin July 1, 2016.
new text end

deleted text begin (5) one township officer;
deleted text end

deleted text begin (6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section 473.121, subdivision 2;
deleted text end

deleted text begin (7) the commissioner of agriculture;
deleted text end

deleted text begin (8) the commissioner of health;
deleted text end

deleted text begin (9) the commissioner of natural resources;
deleted text end

deleted text begin (10) the commissioner of the Pollution Control Agency; and
deleted text end

deleted text begin (11) the director of the University of Minnesota Extension Service.
deleted text end

deleted text begin (b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
with at least four members but not more than six members from the metropolitan area, as
defined by section 473.121, subdivision 2.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Members deleted text begin in paragraph (a), clauses (1) to (6),deleted text end are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties, the Minnesota Association of Townships, the
League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.

deleted text begin (d)deleted text end new text begin (c) Except for the initial appointment of members as provided under paragraph
(a), members shall serve four year terms.
new text end The deleted text begin membership terms,deleted text end compensation, removal
of membersnew text begin ,new text end and filling of vacancies on the board deleted text begin for members in paragraph (a), clauses
(1) to (6),
deleted text end are as provided in section 15.0575.

Sec. 3.

Minnesota Statutes 2014, section 103B.101, subdivision 5, is amended to read:


Subd. 5.

Officers.

The governor shall appoint a chair from among the members of
the board in subdivision 2deleted text begin , paragraph (a), clauses (1) to (4),deleted text end with the advice and consent
of the senate. The board shall elect a vice-chair and any other officers that it considers
necessary from its membership.

Sec. 4.

Minnesota Statutes 2014, section 103G.222, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly
or partially, unless replaced by restoring or creating wetland areas of at least equal
public value under a replacement plan approved as provided in section 103G.2242deleted text begin ,deleted text end new text begin ornew text end a
replacement plan under a local governmental unit's comprehensive wetland protection
and management plan approved by the board under section 103G.2243deleted text begin , or, if a permit to
mine is required under section 93.481, under a mining reclamation plan approved by
the commissioner under the permit to mine
deleted text end . For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to mine within
the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
watershed for purposes of determining wetland replacement ratios. deleted text begin Mining reclamation
plans shall apply the same principles and standards for replacing wetlands by restoration
or creation of wetland areas that are applicable to mitigation plans approved as provided
in section 103G.2242.
deleted text end Public value must be determined in accordance with section
103B.3355 or a comprehensive wetland protection and management plan established
under section 103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in
permanently and semipermanently flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order
of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished
through restoration only without regard to the priority order in paragraph (b), provided
that the altered wetland is not converted to a nonagricultural use for at least ten years.

(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
subdivision 2
, paragraph (b) or (e), the local government unit may require a deed
restriction that prohibits nonagricultural use for at least ten years. The local government
unit may require the deed restriction if it determines the wetland area drained is at risk of
conversion to a nonagricultural use within ten years based on the zoning classification,
proximity to a municipality or full service road, or other criteria as determined by the
local government unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill storm water management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in a statewide
wetlands bank.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2
, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
apply to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the board
that indicate the location, amount, and type of wetlands that have been filled or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9
. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.

(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.

Sec. 5. new text begin WATER QUALITY CERTIFICATION PROGRAM.
new text end

new text begin The duties and authorities granted to the commissioner of agriculture for the water
quality certification program under Minnesota Statutes, sections 17.9891 to 17.993, are
transferred to the Board of Water and Soil Resources effective July 1, 2016. The board
shall submit statutory changes necessary to transfer the duties and authorities under this
section to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over agriculture, environment, and natural resources
by January 15, 2016.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2016.
new text end