1996-07-25_AgendaPacket - Laserfiche WebLink

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The technical evaluation panel shall review ntininti~ation and delineation decisions made by the public transportation authority and provide recommendations regarding ort-site nttttgattort if requested to do so by the local government unit, a contiguous landowner, or a member of the technical evaluation panel. Except for state public transportation projects, for which the state department of transportation is responsible, the board must replace the wetlands drained or filled by public transportation projects on existing roads in critical rural and urban watersheds. Public transportation authorities at their discretion may deviate from federal and state design standards on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that public safety is not unreasonably compromised. The local road authority and its officers and employees are exempt front liability for any tort claim for injury to persons or property arising from travel on the highway and related to the deviation from the design standards for construction or reconstruction under this paragraph. This paragraph does not preclude an action for damages arising from negligence in construction or maintenance on a highway. Subd. l jROAD CREDIT FUNDINGJ. ~t least SO percent of money appropriated for road repair wetland replacement credit under this section must be used for wetland restoration in the seven county metropolitan area. The board shall give priority to restoration projects that will: (1) intensify land use that leads to more compact development or redevelapntent; (2) encourage public infrastructure investments which connect urban neighborhoods and suburban contmuttities, attract private sector investment in commercial or residential properties adjacent to the public improvement; or (3) complement projects receiving funding under section =173.253. II. WCA PROCESS In order to qualify for this streamlined process for work on existing roads, the local road authorities must; i) minimize wetland impacts (see attached list of some options to consider), ii) mitigate important site-specific wetland. functions on-site, and iii) report 6y January 15th of each year the amount, type and location of all wetlands impacted in the past year and projection of the wetland impacts for the upcoming year {see attached forms). This process and the recordkeeping requirements are in place now. It is suggested that the local road authority develop a standard procedure for notifying the Technical Evaluation Panel (TEP -- which consists of an LGU, SWCD and BWSR field staff) to review minimization and delineation decisions made by the public transportation authority and provide recommendations regarding on-site mitigation. Also, it is recommended that LGUs and County Road Authorities explain and coordinate this process and related information with townships and cities who are likely to be less experienced with wetland regulatory programs. Contact your BWSR Board Conservationist if you would like assistance in this training effort (see attached listlmap). m