103F.612 WETLAND PRESERVATION AREAS.
Subdivision 1. Definition.
For purposes of sections
, "wetland" has the
meaning given in section
103G.005, subdivision 19
Subd. 2. Application.
(a) A wetland owner may apply to the county where a wetland is
located for designation of a wetland preservation area in a high priority wetland area identified in
a comprehensive local water plan, as defined in section
103B.3363, subdivision 3
, and located
within a high priority wetland region designated by the Board of Water and Soil Resources, if the
county chooses to accept wetland preservation area applications. The application must be made
on forms provided by the board. If a wetland is located in more than one county, the application
must be submitted to the county where the majority of the wetland is located.
(b) The application shall be executed and acknowledged in the manner required by law to
execute and acknowledge a deed and must contain at least the following information and other
information the Board of Water and Soil Resources requires:
(1) legal description of the area to be approved, which must include an upland strip at least
16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland
area of up to four acres for each acre of wetland;
(2) parcel identification numbers where designated by the county auditor;
(3) name and address of the owner;
(4) a statement by the owner covenanting that the land will be preserved as a wetland and
will only be used in accordance with conditions prescribed by the Board of Water and Soil
Resources and providing that the restrictive covenant will be binding on the owner and the
owner's successors or assigns, and will run with the land.
(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent
vegetation other than a noxious weed.
Subd. 3. Review and notice.
Upon receipt of an application, the county shall determine
if all material required by subdivision 2 has been submitted and, if so, shall determine that
the application is complete. The term "date of application" means the date the application is
determined to be complete by the county. The county shall send a copy of the application to the
county assessor, the Board of Water and Soil Resources, and the soil and water conservation
district where the land is located. The soil and water conservation district shall prepare an
advisory statement of existing and potential preservation problems or conflicts and send the
statement to the owner of record and to the county. The county shall notify the landowner of the
acceptance or denial of the application within 60 days from the date of the application.
Subd. 4. Recording.
Within five days of the date of application, the county shall forward the
application to the county recorder for recording or to the registrar of titles for filing if the land is
registered. The county recorder shall record the application containing the restrictive covenant
and return it to the applicant. If the land is registered, the registrar of titles shall memorialize
the application containing the restrictive covenant upon the certificate of title. The recorder or
registrar of titles shall notify the county that the application has been recorded or memorialized.
Subd. 5. Commencement of wetland preservation area.
The wetland is a wetland
preservation area commencing 30 days from the date the county notifies the landowner of
acceptance of the application under subdivision 3.
Subd. 6. Fee.
The county may require an application fee to defray administrative costs
of the program.
Subd. 7. Maps.
The county shall maintain wetland preservation area maps illustrating land
covenanted as wetland preservation areas.
Subd. 8. Authority of watershed management organization.
A watershed management
organization with an approved watershed management plan under section
has the same
authority as a county to receive and act on applications under sections
History: 1991 c 354 art 4 s 1; 1996 c 462 s 5-9; 1999 c 11 art 1 s 4,5; 2001 c 146 s 4