Minnesota Legislature
HF 2215
as introduced - 89th Legislature (2015 - 2016) Posted on 09/01/2016 11:13am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/14/2015 |
Current Version - as introduced
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A bill for an act
relating to natural resources; requiring identification of high priority areas for
wetland replacement; amending Minnesota Statutes 2014, section 103B.3355.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 103B.3355, is amended to read:
103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC
VALUES.
(a) The public values of wetlands must be determined based upon the functions of
wetlands for:
(1) water quality, including filtering of pollutants to surface and groundwater,
utilization of nutrients that would otherwise pollute public waters, trapping of sediments,
shoreline protection, and utilization of the wetland as a recharge area for groundwater;
(2) floodwater and storm water retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and the reduction in potential
flooding by the wetland;
(3) public recreation and education, including hunting and fishing areas, wildlife
viewing areas, and nature areas;
(4) commercial uses, including wild rice and cranberry growing and harvesting
and aquaculture;
(5) fish, wildlife, native plant habitats;
(6) low-flow augmentation;
(7) carbon sequestration; and
(8) other public uses.
(b) The Board of Water and Soil Resources, in consultation with the commissioners of
natural resources and agriculture and local government units, shall adopt rules establishing:
(1) scientific methodologies for determining the functions of wetlands; and
(2) criteria for determining the resulting public values of wetlands.
(c) The methodologies and criteria established under this section or other
methodologies and criteria that include the functions in paragraph (a) and are approved
by the board, in consultation with the commissioners of natural resources and agriculture
and local government units, must be used to determine the functions and resulting public
values of wetlands in the state. The functions listed in paragraph (a) are not listed in
order of priority.
(d) Public value criteria established or approved by the board under this section do
not apply in areas subject to local comprehensive wetland protection and management
plans established under section 103G.2243.
(e) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, deleted text begin maydeleted text end new text begin mustnew text end identify deleted text begin regions
deleted text end new text begin areasnew text end of the state where preservation, enhancement, restoration, and establishment
of wetlands would have high public value. The board, in consultation with the
commissioners, deleted text begin maydeleted text end new text begin mustnew text end identify high priority deleted text begin wetland regionsdeleted text end new text begin areas for wetland
replacementnew text end using available information relating to the factors listed in paragraph
(a)new text begin , the historic loss and abundance of wetlands, current applicable state and local
government water management and natural resource plans, and studies using a watershed
approach to identify current and future watershed needsnew text end . The board shall notify local
units of government with water planning authority of these high priority deleted text begin regionsdeleted text end new text begin areasnew text end .
new text begin Designation of high priority areas is exempt from the rulemaking requirements of chapter
14, and section 14.386 does not apply. Designation of high priority areas is not effective
until 30 days after publication in the State Register.
new text end
new text begin
(f) Local units of government, as part of a state-approved comprehensive local
water management plan as defined in section 103B.3363, subdivision 3, a state-approved
comprehensive watershed management plan as defined in section 103B.3363, subdivision
3a, or a state-approved local comprehensive wetland protection and management plan
under section 103G.2243, may identify priority areas for wetland replacement and provide
them for consideration under paragraph (e).
new text end