HF 434

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/21/2017 02:33pm

A bill for an act
relating to natural resources; allowing certain temporary conditions for wetland
replacement for local government roads; appropriating money for wetland banking
credits.

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

Section 1. new text begin WETLAND REPLACEMENT; LOCAL GOVERNMENT ROADS;
TEMPORARY CONDITIONS.
new text end

new text begin Until the Board of Water and Soil Resources establishes wetland bank credits in all
wetland bank service areas that are adequate to replace wetlands for existing public roads
under Minnesota Statutes, section 103G.222, subdivision 1, paragraph (m):
new text end

new text begin (1) to the extent necessary to meet its obligations to replace wetlands drained or filled
by public transportation projects on existing roads under Minnesota Statutes, section
103G.222, subdivision 1, paragraph (m), the board must use wetland replacement credits
from one wetland service bank area for a public transportation project occurring in another
wetland bank service area to the extent permitted under state or federal law; and
new text end

new text begin (2) draining or filling wetlands in accordance with Minnesota Statutes, section 103G.222,
subdivision 1, paragraph (m), is exempt from replacement when authorized by a general
permit issued by the United States Army Corps of Engineers under section 404 of the federal
Clean Water Act, United States Code, title 33, section 1344, and compensatory mitigation
under section 404 of the federal Clean Water Act is not required.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin LOCAL GOVERNMENT ROADS; WETLAND REPLACEMENT
PROGRAM; WETLAND CREDIT ACQUISITION; APPROPRIATION.
new text end

new text begin $5,000,000 in fiscal year 2017 is appropriated from the general fund to the Board of
Water and Soil Resources to acquire wetland banking credits to replace those wetlands
drained or filled as a result of repairing, reconstructing, replacing, or rehabilitating existing
public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraph
(m). The board may vary the priority order of Minnesota Statutes, section 103G.222,
subdivision 3, paragraph (a), to implement an in-lieu fee agreement approved by the United
States Army Corps of Engineers under section 404 of the Clean Water Act. The purchase
price paid for acquiring wetland credits must be determined by the board. The board may
enter into agreements with the federal government, other state agencies, political subdivisions,
nonprofit organizations, fee title owners, or other qualified private entities to acquire wetland
replacement credits in accordance with Minnesota Rules, chapter 8420. This is a onetime
appropriation and is available until June 30, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end