HF 2850

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 03:59pm

A bill for an act
relating to natural resources; modifying wetlands provisions; amending
Minnesota Statutes 2012, sections 103G.222, subdivision 3; 103G.2241,
subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Section 1.

Minnesota Statutes 2012, section 103G.222, subdivision 3, is amended to
read:

Subd. 3.

Wetland replacement siting.

(a) Impacted wetlands in a 50 to 80 percent
area must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted
wetlands in a less than 50 percent area must be replaced in a less than 50 percent area.
All wetland replacement must follow this priority order:

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

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

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

(4) in another wetland bank service area; and

(5) statewide for public transportation projects, except that wetlands impacted in
less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands
impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in:
(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one
of the major watersheds that are wholly or partially within the seven-county metropolitan
area, but at least one to one must be replaced within the seven-county metropolitan area.

(b) The exception in paragraph (a), clause (5), does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.

(c) 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.

(d) 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.

(e) Applicants and local government units shall rely on board-approved
comprehensive inventories of replacement opportunities and watershed conditions,
including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
2010), in determining whether reasonable, practicable, and environmentally beneficial
replacement opportunities are available.

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

(g) Notwithstanding paragraphs (a) to (f), prime farmland, as defined under Code of
Federal Regulations, title 7, section 657.5, in a greater than 80 percent area must not be
used for replacement of impacted wetlands.

Sec. 2.

[103G.2221] GREATER THAN 80 PERCENT AREAS; EQUAL PUBLIC
VALUE ASSUMPTION.

Evaluation of the public value of a replacement opportunity under a replacement
plan is not required, and the siting priorities under section 103G.222, subdivision 3, do not
apply if:

(1) the replacement opportunity is for wetlands impacted in a greater than 80 percent
area;

(2) the replacement opportunity is at least 40 acres and is not located in a greater
than 80 percent area; and

(3) the commissioners of natural resources and the Pollution Control Agency, the
board, the United States Army Corps of Engineers, and all affected local government
units concur in the replacement.

Sec. 3.

Minnesota Statutes 2012, section 103G.2241, subdivision 9, is amended to read:

Subd. 9.

De minimis.

(a) Except as provided in paragraphs (d), (e), (f), (g), (h), and
(i), a replacement plan for wetlands is not required for draining or filling the following
amounts of wetlands as part of a project outside of the shoreland wetland protection zone:

(1) 10,000 20,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar
and tamarack wetlands, in a greater than 80 percent area;

(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands, in a 50 to 80 percent area, except within the 11-county metropolitan area;

(3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands, in a less than 50 percent area, except within the 11-county metropolitan area; or

(4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.

(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
for wetlands is not required for draining or filling the following amounts of wetlands
as part of a project within the shoreland wetland protection zone beyond the shoreland
building setback zone:

(1) 400 square feet of type 1, 2, 6, or 7 wetland; or

(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.

In a greater than 80 percent area, the de minimis amount allowed under clause (1)
may be increased up to 1,000 square feet if the wetland is isolated and is determined
to have no direct surficial connection to the public water or if permanent water runoff
retention or infiltration measures are established in proximity as approved by the shoreland
management authority.

(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
for wetlands is not required for draining or filling up to 20 square feet of wetland as part
of a project within the shoreland building setback zone, as defined in the local shoreland
management ordinance. The amount in this paragraph may be increased to 100 square feet
if permanent water runoff retention or infiltration measures are established in proximity as
approved by the shoreland management authority.

(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
plan is not required for draining or filling amounts of wetlands as part of a project:

(1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area within the 11-county metropolitan area; or

(2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county metropolitan area.

For purposes of this subdivision, the 11-county metropolitan area consists of the
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright.

(e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on
a project.

(f) This exemption no longer applies to a landowner's portion of a wetland when
the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
the greatest of:

(1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
the entire wetland;

(2) five percent of the landowner's portion of the wetland; or

(3) 400 square feet.

(g) This exemption may not be combined with another exemption in this section on
a project.

(h) Property may not be divided to increase the amounts listed in paragraph (a).

(i) If a local ordinance or similar local control is more restrictive than this
subdivision, the local standard applies.