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Minnesota Legislature

Office of the Revisor of Statutes

103F.902 LOCAL PLANNING AND APPROVAL.
    Subdivision 1. Application. A willing landowner may apply, on forms provided by the
board, to a local unit of government for the establishment or restoration of a wetland on property
owned by the landowner in an area that is:
(1) designated by the board as a high priority wetland region; and
(2) identified as a high priority wetland area in the local unit of government's comprehensive
local water plan.
    Subd. 2. Notice and preliminary hearing. (a) Within 30 days after receiving an application,
the local unit of government shall hold a public hearing. At least ten days before the hearing, the
local unit of government shall give notice of the hearing to the applicant and publish notice in an
official newspaper of general circulation in the county.
(b) At the hearing, the local unit of government shall describe the application and hear
comments from interested persons regarding the application and the planned establishment or
restoration project.
    Subd. 3. Preliminary approval. Within 30 days of the public hearing, the local unit of
government must give preliminary approval or disapproval of the application.
    Subd. 4. Survey report. After preliminary approval, the local unit of government shall
direct and pay the costs of a soil and water conservation engineer to conduct a survey of the
property where the wetland restoration or establishment project is proposed to be located. The
engineer must file a report, including a map of the proposed wetland, that describes the effects of
the proposed wetland on:
(1) the hydrology in the area;
(2) property of persons other than the applicant;
(3) groundwater recharge;
(4) flooding;
(5) fish and wildlife habitat;
(6) water quality; and
(7) other characteristics as determined by the local unit of government.
    Subd. 5. Notice and final hearing. Within 30 days of receiving the completed survey, the
local unit of government shall hold a public hearing on the proposed project. At least ten days
before the hearing, the local unit of government shall notify the landowner and the commissioner
and provide public notice of the hearing and the availability of the survey report in an official
newspaper of general circulation in the county. The commissioner may provide comment on
the proposed wetland.
    Subd. 6. Final local approval. Within 30 days of the public hearing, the local unit of
government shall notify the applicant and the commissioner of the final approval or disapproval
of the proposed wetland.
History: 1991 c 354 art 5 s 2