1996-07-25_AgendaPacket - Laserfiche WebLink

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Tie ~t~r ~~~-~ 1 is an interagency information source for current environmental legislation, published twice yearly by the A~linnesota Board of Water and Soil Resources to coincide with the start and frnish of each legislative session. WCA information: John Jaschke 612-297-3432 Greg Larson 612-Z96-tJ882 '~ this BWSR Wetland Conservation .pct, RIM Reserve, bon- ding, watershed. district permitting, WMOs DNR eneral permits, dam epair and removal, bonding, weal sealing vIPC A used oil legislation, ISTS funding, animal *eedlot permits VIDA ~onpoint source pol- ution, AgBMP loans, bonding, ACRRA 1 June 1.996 VoI. 8, no. 2 ~' SE'~'V C 1 ~'eVS~ This year's changes in the Wetland Conset- vationAct (WCA) increase the flexibility for local governments and landowners by redefining de minimis and drainage exemp- tionsand simplifying the notifcation and approval process for wetland projects. What follows is an overview of these and other chances to ivlinnesota's wetlands protection law. De minimis New WCA statutes have replaced the old de minimis exemption with asliding-scale approach that applies to certain areas outside shoreland protection zones. Areas of the state with more than 80 percent of their presettlement wetlands remaining would be exempt from having to replace wetland impacts smaller than 10,000 square feet. Those areas with 50 to 80 percent of their presettlement wetlands remaining would be exempt from having to replace wetland impacts srnallerthan 3 ~,OGG square feet. Those areas with less than ~0 percent of their presettlement wetlands remaining would be exempt from replacing wetland. impacts smallerthan 2,000 square feet. New amendments also specify where 6 replacement must occur if a project is too large for the de minimis exemption. areas with less than 80 percent of theirwetlands remaining must replace wetlands within the same county or watershed. Areas with greater than 80 percent of their wetlands may replace affected wetlands in less than 50 percent areas. Road projects that drain or fill wetlands within the Twin C ities metro area must replace these wetlands within the metro area. Agricultural exemptions Local flexibility, state responsibility Important to the a~~ricultural community are amendments that allow farmers to manage their land more efficiently while protecting important at-risk wetlands. They also allow for maintenance and repair of functioning drainage systems. Such amendments include: broadened definitions of am-icul- tural land; exemption from replacement for type 6 wetlands smaller than 2 acres, if on agricultural land; and exemptions for type 1, 2 and b parts (less than 2 acres) of larger wetlands. Local governments can now s~-ean? line rhP notification and approval process and provide on-site determination for small projects, which will lead to quickerproject implementation. Responsibility for wetland replacement resulting from wetland filling or drainage by public road projects is transferred from the local to the state level. The state may also assume responsibility for any takings or damage claims assessed. by the courts as a result ofproper WCA implementation, an issue of concern for many counties.