SF 3210

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 01:39pm

A bill for an act
relating to natural resources; modifying provisions for wetland value replacement
plans; providing for development standards in the city of Dayton; amending
Minnesota Statutes 2008, section 103G.2242, subdivisions 2a, 9, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2008, section 103G.2242, subdivision 2a, is amended to
read:

Subd. 2a.

Wetland boundary or type determination.

(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
wetland boundary.

(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
if necessary, expand the Technical Evaluation Panel. The local government unit may
delegate the decision authority for wetland boundary or type determinations to designated
staff, or establish other procedures it considers appropriate.

(c) The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the decision, the local government unit decision must
be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
district or watershed management organization, if one exists, and individual members of
the public who request a copy.

(d) deleted text begin Appeals of decisions made by designated local government staff must be made
to the local government unit. Notwithstanding any law to the contrary, A ruling on an
appeal must be made by the local government unit within 30 days from the date of the
filing of the appeal.
deleted text end

deleted text begin (e) deleted text end The local government unit decision is valid for three years unless the Technical
Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
or soils of the area have been sufficient to alter the wetland boundary or type.

Sec. 2.

Minnesota Statutes 2008, section 103G.2242, is amended by adding a
subdivision to read:

new text begin Subd. 8a. new text end

new text begin Local appeals. new text end

new text begin Appeals of decisions made by designated local
government staff must be made to the local government unit. A decision on an appeal
must be made by the local government unit within 45 days from the date of receipt of
the appeal. If a decision on the appeal provided for in this subdivision cannot be made
within the time allowed under section 15.99, the appeal shall be considered by the local
government unit no later than its next regularly scheduled public meeting in accordance
with the minimum notice and hearing requirements applicable to the local government
unit. The time for making a decision on the appeal may be extended by consent of the
appellant, the landowner if different than the appellant, and the local government unit. A
decision on an appeal by the local government unit consistent with this subdivision shall
be considered to be within the periods provided by section 15.99.
new text end

Sec. 3.

Minnesota Statutes 2008, section 103G.2242, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Appeal deleted text end new text begin Appeals to the board new text end .

(a) Appeal of a replacement plan, new text begin
sequencing, new text end exemption, wetland banking, wetland boundary or type determination, new text begin or new text end
no-loss decision deleted text begin , or restoration order deleted text end may be obtained by mailing a petition and payment
of a filing fee, which shall be retained by the board to defray administrative costs, to the
board within 30 days after the postmarked date of the mailing specified in subdivision 7. If
appeal is not sought within 30 days, the decision becomes final. If the petition for hearing
is accepted, the amount posted must be returned to the petitioner. Appeal may be made by:

(1) the wetland owner;

(2) any of those to whom notice is required to be mailed under subdivision 7; or

(3) 100 residents of the county in which a majority of the wetland is located.

(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
finds that:

(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;

(2) the petitioner has not exhausted all local administrative remedies;

(3) expanded technical review is needed;

(4) the local government unit's record is not adequate; or

(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.

(c) In determining whether to grant the appeal, the board shall also consider the
size of the wetland, other factors in controversy, any patterns of similar acts by the local
government unit or petitioner, and the consequences of the delay resulting from the appeal.

(d) All appeals must be heard by the committee for dispute resolution of the board,
and a decision made within 60 days of filing the local government unit's record and the
written briefs submitted for the appeal. The decision must be served by mail on the parties
to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
grant a petition for appeal and a decision on the merits of an appeal must be considered the
decision of an agency in a contested case for purposes of judicial review under sections
14.63 to 14.69.

new text begin (e) Notwithstanding any law to the contrary, a landowner or other responsible
party may appeal a restoration or replacement order within 30 days of receipt of written
notice of the order. The board's executive director must make a final decision to modify,
rescind, deny, or stay an appeal of a restoration or replacement order within 60 days of
the receipt of a petition.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

Sec. 4. new text begin MISSISSIPPI RIVER MANAGEMENT PLAN.
new text end

new text begin Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the
area commonly known as the historic village of Dayton shall conform to the general
development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except
that marinas shall not be allowed and the provisions and administrative procedures of
Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still
apply.
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