Minnesota Legislature
SF 1458
as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 10:15am
Current Version - as introduced
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A bill for an act
relating to waters; modifying wetland replacement requirements; amending
Minnesota Statutes 2016, sections 103G.005, subdivisions 10b, 10h; 103G.222,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to
read:
Subd. 10b.
Greater than 80 percent area.
"Greater than 80 percent area" means a
county deleted text begin ordeleted text end new text begin ,new text end watershednew text begin , or, for purposes of wetland replacement, bank service areanew text end where 80
percent or more of the presettlement wetland acreage is intact and:
(1) ten percent or more of the current total land area is wetland; or
(2) 50 percent or more of the current total land area is state or federal land.
Sec. 2.
Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
Subd. 10h.
Less than 50 percent area.
"Less than 50 percent area" means a county deleted text begin ordeleted text end new text begin ,new text end
watershednew text begin , or, for purposes of wetland replacement, bank service areanew text end with less than 50
percent of the presettlement wetland acreage intact or any county deleted text begin ordeleted text end new text begin ,new text end watershednew text begin , or bank
service areanew text end not defined as a "greater than 80 percent area" or "50 to 80 percent area."
Sec. 3.
Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
Subd. 3.
Wetland replacement siting.
(a) deleted text begin Impacted wetlands in a 50 todeleted text end new text begin Wetland
replacement occurring outside of a greater thannew text end 80 percent area must new text begin not new text end be replaced in a
deleted text begin 50 todeleted text end new text begin greater than new text end 80 percent area deleted text begin or in a less than 50 percent areadeleted text end . deleted text begin Impacted wetlands in a
less than 50 percent area must be replaced in a less than 50 percent area.deleted text end All wetland
replacement must follow this priority order:
(1) deleted text begin on site ordeleted text end in the same minor watershed as the impacted wetland;
(2) in the same watershed as the impacted wetland;
(3) in the same deleted text begin county ordeleted text end wetland bank service area as the impacted wetland; and
(4) in another wetland bank service area.
(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.
(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.
(d) 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.
(e) 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.
(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) The board must establish wetland replacement ratios and wetland bank service area
priorities to implement the siting and targeting of wetland replacement and encourage the
use of high priority areas for wetland replacement.