SF 2742

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; amending the wetlands 
  1.3             conservation act to allow for an exemption for 
  1.4             wetlands used for sewage sludge disposal prior to 
  1.5             January 1, 1992; amending Minnesota Statutes 1994, 
  1.6             section 103G.2241. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 103G.2241, is 
  1.9   amended to read: 
  1.10     103G.2241 [EXEMPTIONS.] 
  1.11     (a) Subject to the conditions in paragraph (b), a 
  1.12  replacement plan for wetlands is not required for:  
  1.13     (1) activities in a wetland that was planted with annually 
  1.14  seeded crops, was in a crop rotation seeding of pasture grasses 
  1.15  or legumes, or was required to be set aside to receive price 
  1.16  support or other payments under United States Code, title 7, 
  1.17  sections 1421 to 1469, in six of the last ten years prior to 
  1.18  January 1, 1991; 
  1.19     (2) activities in a wetland that is or has been enrolled in 
  1.20  the federal conservation reserve program under United States 
  1.21  Code, title 16, section 3831, that: 
  1.22     (i) was planted with annually seeded crops, was in a crop 
  1.23  rotation seeding, or was required to be set aside to receive 
  1.24  price support or payment under United States Code, title 7, 
  1.25  sections 1421 to 1469, in six of the last ten years prior to 
  1.26  being enrolled in the program; and 
  2.1      (ii) has not been restored with assistance from a public or 
  2.2   private wetland restoration program; 
  2.3      (3) activities necessary to repair and maintain existing 
  2.4   public or private drainage systems as long as wetlands that have 
  2.5   been in existence for more than 20 years are not drained; 
  2.6      (4) activities in a wetland that has received a commenced 
  2.7   drainage determination provided for by the federal Food Security 
  2.8   Act of 1985, that was made to the county agricultural 
  2.9   stabilization and conservation service office prior to September 
  2.10  19, 1988, and a ruling and any subsequent appeals or reviews 
  2.11  have determined that drainage of the wetland had been commenced 
  2.12  prior to December 23, 1985; 
  2.13     (5) activities exempted from federal regulation under 
  2.14  United States Code, title 33, section 1344(f); 
  2.15     (6) activities authorized under, and conducted in 
  2.16  accordance with, an applicable general permit issued by the 
  2.17  United States Army Corps of Engineers under section 404 of the 
  2.18  federal Clean Water Act, United States Code, title 33, section 
  2.19  1344, except the nationwide permit in Code of Federal 
  2.20  Regulations, title 33, section 330.5, paragraph (a), clause 
  2.21  (14), limited to when a new road crosses a wetland, and all of 
  2.22  clause (26); 
  2.23     (7) activities in a type 1 wetland on agricultural land, as 
  2.24  defined in United States Fish and Wildlife Circular No. 39 (1971 
  2.25  edition) except for bottomland hardwood type 1 wetlands; 
  2.26     (8) activities in a type 2 wetland that is two acres in 
  2.27  size or less located on agricultural land; 
  2.28     (9) activities in a wetland restored for conservation 
  2.29  purposes under a contract or easement providing the landowner 
  2.30  with the right to drain the restored wetland; 
  2.31     (10) activities in a wetland created solely as a result of: 
  2.32     (i) beaver dam construction; 
  2.33     (ii) blockage of culverts through roadways maintained by a 
  2.34  public or private entity; 
  2.35     (iii) actions by public entities that were taken for a 
  2.36  purpose other than creating the wetland; or 
  3.1      (iv) any combination of (i) to (iii); 
  3.2      (11) placement, maintenance, repair, enhancement, or 
  3.3   replacement of utility or utility-type service, including the 
  3.4   transmission, distribution, or furnishing, at wholesale or 
  3.5   retail, of natural or manufactured gas, electricity, telephone, 
  3.6   or radio service or communications if: 
  3.7      (i) the impacts of the proposed project on the hydrologic 
  3.8   and biological characteristics of the wetland have been avoided 
  3.9   and minimized to the extent possible; and 
  3.10     (ii) the proposed project significantly modifies or alters 
  3.11  less than one-half acre of wetlands; 
  3.12     (12) activities associated with routine maintenance of 
  3.13  utility and pipeline rights-of-way, provided the activities do 
  3.14  not result in additional intrusion into the wetland; 
  3.15     (13) alteration of a wetland associated with the operation, 
  3.16  maintenance, or repair of an interstate pipeline; 
  3.17     (14) temporarily crossing or entering a wetland to perform 
  3.18  silvicultural activities, including timber harvest as part of a 
  3.19  forest management activity, so long as the activity limits the 
  3.20  impact on the hydrologic and biologic characteristics of the 
  3.21  wetland; the activities do not result in the construction of 
  3.22  dikes, drainage ditches, tile lines, or buildings; and the 
  3.23  timber harvesting and other silvicultural practices do not 
  3.24  result in the drainage of the wetland or public waters; 
  3.25     (15) permanent access for forest roads across wetlands so 
  3.26  long as the activity limits the impact on the hydrologic and 
  3.27  biologic characteristics of the wetland; the construction 
  3.28  activities do not result in the access becoming a dike, drainage 
  3.29  ditch or tile line; with filling avoided wherever possible; and 
  3.30  there is no drainage of the wetland or public waters; 
  3.31     (16) draining or filling up to one-half acre of wetlands 
  3.32  for the repair, rehabilitation, or replacement of a previously 
  3.33  authorized, currently serviceable existing public road, provided 
  3.34  that minor deviations in the public road's configuration or 
  3.35  filled area, including those due to changes in materials, 
  3.36  construction techniques, or current construction codes or safety 
  4.1   standards, that are necessary to make repairs, rehabilitation, 
  4.2   or replacement are allowed if the wetland draining or filling 
  4.3   resulting from the repair, rehabilitation, or replacement is 
  4.4   minimized; 
  4.5      (17) emergency repair and normal maintenance and repair of 
  4.6   existing public works, provided the activity does not result in 
  4.7   additional intrusion of the public works into the wetland and do 
  4.8   not result in the draining or filling, wholly or partially, of a 
  4.9   wetland; 
  4.10     (18) normal maintenance and minor repair of structures 
  4.11  causing no additional intrusion of an existing structure into 
  4.12  the wetland, and maintenance and repair of private crossings 
  4.13  that do not result in the draining or filling, wholly or 
  4.14  partially, of a wetland; 
  4.15     (19) duck blinds; 
  4.16     (20) aquaculture activities, including pond excavation and 
  4.17  construction and maintenance of associated access roads and 
  4.18  dikes authorized under, and conducted in accordance with, a 
  4.19  permit issued by the United States Army Corps of Engineers under 
  4.20  section 404 of the federal Clean Water Act, United States Code, 
  4.21  title 33, section 1344, but not including construction or 
  4.22  expansion of buildings; 
  4.23     (21) wild rice production activities, including necessary 
  4.24  diking and other activities authorized under a permit issued by 
  4.25  the United States Army Corps of Engineers under section 404 of 
  4.26  the federal Clean Water Act, United States Code, title 33, 
  4.27  section 1344; 
  4.28     (22) normal agricultural practices to control pests or 
  4.29  weeds, defined by rule as either noxious or secondary weeds, in 
  4.30  accordance with applicable requirements under state and federal 
  4.31  law, including established best management practices; 
  4.32     (23) activities in a wetland that is on agricultural land 
  4.33  annually enrolled in the federal Food, Agricultural, 
  4.34  Conservation, and Trade Act of 1990, United States Code, title 
  4.35  16, section 3821, subsection (a), clauses (1) to (3), as 
  4.36  amended, and is subject to sections 1421 to 1424 of the federal 
  5.1   act in effect on January 1, 1991, except that land enrolled in a 
  5.2   federal farm program is eligible for easement participation for 
  5.3   those acres not already compensated under a federal program; 
  5.4      (24) development projects and ditch improvement projects in 
  5.5   the state that have received preliminary or final plat approval, 
  5.6   or infrastructure that has been installed, or having local site 
  5.7   plan approval, conditional use permits, or similar official 
  5.8   approval by a governing body or government agency, within five 
  5.9   years before July 1, 1991.  In the seven-county metropolitan 
  5.10  area and in cities of the first and second class, plat approval 
  5.11  must be preliminary as approved by the appropriate governing 
  5.12  body; and 
  5.13     (25) activities that result in the draining or filling of 
  5.14  less than 400 square feet of wetlands; and 
  5.15     (26) activities in a wetland that was used prior to January 
  5.16  1, 1992, for the disposal of sewage sludge, as defined by 
  5.17  section 115A.03, subdivision 29. 
  5.18     (b) For the purpose of paragraph (a), clause (16), 
  5.19  "currently serviceable" means usable as is or with some 
  5.20  maintenance, but not so degraded as to essentially require 
  5.21  reconstruction.  Paragraph (a), clause (16), authorizes the 
  5.22  repair, rehabilitation, or replacement of public roads destroyed 
  5.23  by storms, floods, fire, or other discrete events, provided the 
  5.24  repair, rehabilitation, or replacement is commenced or under 
  5.25  contract to commence within two years of the occurrence of the 
  5.26  destruction or damage. 
  5.27     (c) A person conducting an activity in a wetland under an 
  5.28  exemption in paragraph (a) shall ensure that: 
  5.29     (1) appropriate erosion control measures are taken to 
  5.30  prevent sedimentation of the water; 
  5.31     (2) the activity does not block fish passage in a 
  5.32  watercourse; and 
  5.33     (3) the activity is conducted in compliance with all other 
  5.34  applicable federal, state, and local requirements, including 
  5.35  best management practices and water resource protection 
  5.36  requirements established under chapter 103H. 
  6.1      Sec. 2.  [EFFECTIVE DATE.] 
  6.2      Section 1 is effective the day following final enactment.