SF 323

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; clarifying the federal 
  1.3             exemption under the Wetland Conservation Act; amending 
  1.4             Minnesota Statutes 2002, section 103G.2241, 
  1.5             subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 103G.2241, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [FEDERAL APPROVALS.] A replacement plan for 
  1.10  wetlands is not required for: 
  1.11     (1) activities exempted from federal regulation under 
  1.12  United States Code, title 33, section 1344(f), as in effect on 
  1.13  January 1, 1991, including exempt activities that result in: 
  1.14     (i) the conversion of a wetland to a nonwetland; 
  1.15     (ii) conversion of the wetland to another use; 
  1.16     (iii) a change to the flow or circulation of water in the 
  1.17  wetland; or 
  1.18     (iv) the partial draining of the wetland, or a reduction in 
  1.19  the wetland area; 
  1.20     (2) activities authorized under, and conducted in 
  1.21  accordance with, an applicable general permit issued by the 
  1.22  United States Army Corps of Engineers under section 404 of the 
  1.23  federal Clean Water Act, United States Code, title 33, section 
  1.24  1344, except the nationwide permit in Code of Federal 
  1.25  Regulations, title 33, section 330.5, paragraph (a), clauses 
  2.1   (14), limited to when a new road crosses a wetland, and (26), as 
  2.2   in effect on January 1, 1991; or 
  2.3      (3) activities authorized under the federal Clean Water 
  2.4   Act, section 404, or the Rivers and Harbors Act, section 10, 
  2.5   regulations that meet minimum state standards under this chapter 
  2.6   and sections 103A.202 and 103B.3355 and that have been approved 
  2.7   by the board of water and soil resources, the commissioners of 
  2.8   natural resources and agriculture, and the pollution control 
  2.9   agency.