103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC VALUES.
(a) The public values of wetlands must be determined based upon the functions of wetlands
(1) water quality, including filtering of pollutants to surface and groundwater, utilization of
nutrients that would otherwise pollute public waters, trapping of sediments, shoreline protection,
and utilization of the wetland as a recharge area for groundwater;
(2) floodwater and stormwater retention, including the potential for flooding in the watershed,
the value of property subject to flooding, and the reduction in potential flooding by the wetland;
(3) public recreation and education, including hunting and fishing areas, wildlife viewing
areas, and nature areas;
(4) commercial uses, including wild rice and cranberry growing and harvesting and
(5) fish, wildlife, native plant habitats;
(6) low-flow augmentation; and
(7) other public uses.
(b) The Board of Water and Soil Resources, in consultation with the commissioners of
natural resources and agriculture and local government units, shall adopt rules establishing:
(1) scientific methodologies for determining the functions of wetlands; and
(2) criteria for determining the resulting public values of wetlands.
(c) The methodologies and criteria established under this section or other methodologies and
criteria that include the functions in paragraph (a) and are approved by the board, in consultation
with the commissioners of natural resources and agriculture and local government units, must be
used to determine the functions and resulting public values of wetlands in the state. The functions
listed in paragraph (a) are not listed in order of priority.
(d) Public value criteria established or approved by the board under this section do not apply
in areas subject to local comprehensive wetland protection and management plans established
(e) The Board of Water and Soil Resources, in consultation with the commissioners of natural
resources and agriculture and local government units, may identify regions of the state where
preservation, enhancement, restoration, and establishment of wetlands would have high public
value. The board, in consultation with the commissioners, may identify high priority wetland
regions using available information relating to the factors listed in paragraph (a). The board shall
notify local units of government with water planning authority of these high priority regions.
History: 1991 c 354 art 2 s 4; 1996 c 462 s 3