1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             relating to wetlands; amending Minnesota Statutes 
  1.4             1994, sections 103G.222; 103G.2241; 103G.2242, 
  1.5             subdivisions 1, 2, 6, 7, 9, 12, and by adding a 
  1.6             subdivision; 103G.237, subdivision 4, and by adding a 
  1.7             subdivision; and 103G.2372, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 103G.222, is 
  1.10  amended to read: 
  1.11     103G.222 [REPLACEMENT OF WETLANDS.] 
  1.12     (a) After the effective date of the rules adopted under 
  1.13  section 103B.3355 or 103G.2242, whichever is later, wetlands 
  1.14  must not be drained or filled, wholly or partially, unless 
  1.15  replaced by restoring or creating wetland areas of at least 
  1.16  equal public value under a replacement plan approved as provided 
  1.17  in section 103G.2242, a replacement plan under a local 
  1.18  governmental unit's comprehensive wetland protection and 
  1.19  management plan approved by the board adopted under section 
  1.20  103G.2242, subdivision 1, paragraph (c) 1a, or, if a permit to 
  1.21  mine is required under section 93.481, under a mining 
  1.22  reclamation plan approved by the commissioner under the permit 
  1.23  to mine.  Mining reclamation plans shall apply the same 
  1.24  principles and standards for replacing wetlands by restoration 
  1.25  or creation of wetland areas that are applicable to mitigation 
  1.26  plans approved as provided in section 103G.2242. 
  2.1      (b) Except as provided in paragraph (l), replacement must 
  2.2   be guided by the following principles in descending order of 
  2.3   priority: 
  2.4      (1) avoiding the direct or indirect impact of the activity 
  2.5   that may destroy or diminish the wetland; 
  2.6      (2) minimizing the impact by limiting the degree or 
  2.7   magnitude of the wetland activity and its implementation; 
  2.8      (3) rectifying the impact by repairing, rehabilitating, or 
  2.9   restoring the affected wetland environment; 
  2.10     (4) reducing or eliminating the impact over time by 
  2.11  preservation and maintenance operations during the life of the 
  2.12  activity; and 
  2.13     (5) compensating for the impact by replacing or providing 
  2.14  substitute wetland resources or environments. 
  2.15     (c) If a wetland is located in a cultivated field, then 
  2.16  replacement must be accomplished through restoration only 
  2.17  without regard to the priority order in paragraph (b), provided 
  2.18  that a deed restriction is placed on the altered wetland 
  2.19  prohibiting nonagricultural use for at least ten years.  
  2.20     (d) Restoration and replacement of wetlands must be 
  2.21  accomplished in accordance with the ecology of the landscape 
  2.22  area affected. 
  2.23     (e) Replacement shall be within the same watershed or 
  2.24  county as the impacted wetlands, as based on the wetland 
  2.25  evaluation in section 103G.2242, subdivision 2, except that 
  2.26  counties or watersheds in which 80 percent or more of the 
  2.27  presettlement wetland acreage is intact may accomplish 
  2.28  replacement in counties or watersheds in which 50 percent or 
  2.29  more of the presettlement wetland acreage has been filled, 
  2.30  drained, or otherwise degraded.  Wetlands impacted by public 
  2.31  transportation projects may be replaced statewide, provided they 
  2.32  are approved by the commissioner under an established wetland 
  2.33  banking system, or under the rules for wetland banking as 
  2.34  provided for under section 103G.2242. 
  2.35     (f) Except as provided in paragraph (g), for a wetland 
  2.36  located on nonagricultural land, replacement must be in the 
  3.1   ratio of two acres of replaced wetland for each acre of drained 
  3.2   or filled wetland. 
  3.3      (g) For a wetland located on agricultural land or in 
  3.4   counties or watersheds in which 80 percent or more of the 
  3.5   presettlement wetland acreage exists, replacement must be in the 
  3.6   ratio of one acre of replaced wetland for each acre of drained 
  3.7   or filled wetland.  
  3.8      (h) Wetlands that are restored or created as a result of an 
  3.9   approved replacement plan are subject to the provisions of this 
  3.10  section for any subsequent drainage or filling. 
  3.11     (i) Except in counties or watersheds where 80 percent or 
  3.12  more of the presettlement wetlands are intact, only wetlands 
  3.13  that have been restored from previously drained or filled 
  3.14  wetlands, wetlands created by excavation in nonwetlands, 
  3.15  wetlands created by dikes or dams along public or private 
  3.16  drainage ditches, or wetlands created by dikes or dams 
  3.17  associated with the restoration of previously drained or filled 
  3.18  wetlands may be used in a statewide banking program established 
  3.19  in rules adopted under section 103G.2242, subdivision 1.  
  3.20  Modification or conversion of nondegraded naturally occurring 
  3.21  wetlands from one type to another are not eligible for 
  3.22  enrollment in a statewide wetlands bank. 
  3.23     (j) The technical evaluation panel established under 
  3.24  section 103G.2242, subdivision 2, shall ensure that sufficient 
  3.25  time has occurred for the wetland to develop wetland 
  3.26  characteristics of soils, vegetation, and hydrology before 
  3.27  recommending that the wetland be deposited in the statewide 
  3.28  wetland bank.  If the technical evaluation panel has reason to 
  3.29  believe that the wetland characteristics may change 
  3.30  substantially, the panel shall postpone its recommendation until 
  3.31  the wetland has stabilized. 
  3.32     (k) This section and sections 103G.223 to 103G.2242, 
  3.33  103G.2364, and 103G.2365 apply to the state and its departments 
  3.34  and agencies. 
  3.35     (l) A local government unit may make a replacement 
  3.36  determination without consideration of paragraph (b), clauses 
  4.1   (1) to (4), for activities that result in the draining or 
  4.2   filling of less than: 
  4.3      (i) 2,000 square feet of wetlands in counties with less 
  4.4   than 50 percent of their presettlement wetlands remaining, and 
  4.5   in the building setback of shoreland areas in all counties; 
  4.6      (ii) 10,000 square feet of wetlands in counties with 50 to 
  4.7   80 percent of their presettlement wetlands remaining; and 
  4.8      (iii) 20,000 square feet of wetlands in counties with 
  4.9   greater than 80 percent of their presettlement wetlands 
  4.10  remaining. 
  4.11     (m) For projects involving draining or filling of wetlands 
  4.12  outside of the building setback of shoreland areas, a person may 
  4.13  satisfy replacement requirements under this section by paying an 
  4.14  amount equal to the fair market value of the upland created by 
  4.15  the draining or filling activity, as determined by a licensed 
  4.16  appraiser selected by the person.  The payment must be made to 
  4.17  the board or to the local government unit if it has established 
  4.18  a wetland bank that is approved by the board or is established 
  4.19  as part of a plan developed under section 103G.2242, subdivision 
  4.20  1a.  The board or local government unit shall use any money 
  4.21  received under this paragraph for making withdrawals from the 
  4.22  wetland bank administered by the board or local government unit 
  4.23  for the purpose of replacing lost wetland values. 
  4.24     Sec. 2.  Minnesota Statutes 1994, section 103G.2241, is 
  4.25  amended to read: 
  4.26     103G.2241 [EXEMPTIONS.] 
  4.27     (a) Subject to the conditions in paragraph (b) (c), a 
  4.28  replacement plan for wetlands is not required for:  
  4.29     (1) activities in a wetland that was planted with annually 
  4.30  seeded crops, was in a crop rotation seeding of pasture grasses 
  4.31  or legumes, or was required to be set aside to receive price 
  4.32  support or other payments under United States Code, title 7, 
  4.33  sections 1421 to 1469, in six of the last ten years prior to 
  4.34  January 1, 1991; 
  4.35     (2) activities in a wetland that is or has been enrolled in 
  4.36  the federal conservation reserve program under United States 
  5.1   Code, title 16, section 3831, that: 
  5.2      (i) was planted with annually seeded crops, was in a crop 
  5.3   rotation seeding, or was required to be set aside to receive 
  5.4   price support or payment under United States Code, title 7, 
  5.5   sections 1421 to 1469, in six of the last ten years prior to 
  5.6   being enrolled in the program; and 
  5.7      (ii) has not been restored with assistance from a public or 
  5.8   private wetland restoration program; 
  5.9      (3) activities necessary to repair and maintain existing 
  5.10  public or private drainage systems as long as wetlands that have 
  5.11  been in existence for more than 20 years are not drained; 
  5.12     (4) activities in a wetland that has received a commenced 
  5.13  drainage determination provided for by the federal Food Security 
  5.14  Act of 1985, that was made to the county agricultural 
  5.15  stabilization and conservation service office prior to September 
  5.16  19, 1988, and a ruling and any subsequent appeals or reviews 
  5.17  have determined that drainage of the wetland had been commenced 
  5.18  prior to December 23, 1985; 
  5.19     (5) activities exempted from federal regulation under 
  5.20  United States Code, title 33, section 1344(f); 
  5.21     (6) activities authorized under, and conducted in 
  5.22  accordance with, an applicable general permit issued by the 
  5.23  United States Army Corps of Engineers under section 404 of the 
  5.24  federal Clean Water Act, United States Code, title 33, section 
  5.25  1344, except the nationwide permit in Code of Federal 
  5.26  Regulations, title 33, section 330.5, paragraph (a), clause 
  5.27  (14), limited to when a new road crosses a wetland, and all of 
  5.28  clause (26); 
  5.29     (7) activities in a type 1 wetland on agricultural land, as 
  5.30  defined in United States Fish and Wildlife Circular No. 39 (1971 
  5.31  edition) except for bottomland hardwood type 1 wetlands; 
  5.32     (8) activities in a type 2 wetland that is two acres in 
  5.33  size or less located on agricultural land; 
  5.34     (9) activities in a wetland restored for conservation 
  5.35  purposes under a contract or easement providing the landowner 
  5.36  with the right to drain the restored wetland; 
  6.1      (10) activities in a wetland created solely as a result of: 
  6.2      (i) beaver dam construction; 
  6.3      (ii) blockage of culverts through roadways maintained by a 
  6.4   public or private entity; 
  6.5      (iii) actions by public entities that were taken for a 
  6.6   purpose other than creating the wetland; or 
  6.7      (iv) any combination of (i) to (iii); 
  6.8      (11) placement, maintenance, repair, enhancement, or 
  6.9   replacement of utility or utility-type service, including the 
  6.10  transmission, distribution, or furnishing, at wholesale or 
  6.11  retail, of natural or manufactured gas, electricity, telephone, 
  6.12  or radio service or communications if: 
  6.13     (i) the impacts of the proposed project on the hydrologic 
  6.14  and biological characteristics of the wetland have been avoided 
  6.15  and minimized to the extent possible; and 
  6.16     (ii) the proposed project significantly modifies or alters 
  6.17  less than one-half acre of wetlands; 
  6.18     (12) activities associated with routine maintenance of 
  6.19  utility and pipeline rights-of-way, provided the activities do 
  6.20  not result in additional intrusion into the wetland; 
  6.21     (13) alteration of a wetland associated with the operation, 
  6.22  maintenance, or repair of an interstate pipeline; 
  6.23     (14) temporarily crossing or entering a wetland to perform 
  6.24  silvicultural activities, including timber harvest as part of a 
  6.25  forest management activity, so long as the activity limits the 
  6.26  impact on the hydrologic and biologic characteristics of the 
  6.27  wetland; the activities do not result in the construction of 
  6.28  dikes, drainage ditches, tile lines, or buildings; and the 
  6.29  timber harvesting and other silvicultural practices do not 
  6.30  result in the drainage of the wetland or public waters; 
  6.31     (15) permanent access for forest roads across wetlands so 
  6.32  long as the activity limits the impact on the hydrologic and 
  6.33  biologic characteristics of the wetland; the construction 
  6.34  activities do not result in the access becoming a dike, drainage 
  6.35  ditch or tile line; with filling avoided wherever possible; and 
  6.36  there is no drainage of the wetland or public waters; 
  7.1      (16) draining or filling up to one-half acre of wetlands 
  7.2   for the repair, rehabilitation, or replacement of a previously 
  7.3   authorized, currently serviceable existing public road, provided 
  7.4   that minor deviations in the public road's configuration or 
  7.5   filled area, including those due to changes in materials, 
  7.6   construction techniques, or current construction codes or safety 
  7.7   standards, that are necessary to make repairs, rehabilitation, 
  7.8   or replacement are allowed if the wetland draining or filling 
  7.9   resulting from the repair, rehabilitation, or replacement is 
  7.10  minimized; 
  7.11     (17) emergency repair and normal maintenance and repair of 
  7.12  existing public works, provided the activity does not result in 
  7.13  additional intrusion of the public works into the wetland and do 
  7.14  not result in the draining or filling, wholly or partially, of a 
  7.15  wetland or private infrastructure, and updating of public or 
  7.16  private infrastructure as necessary to comply with requirements 
  7.17  under state or federal law; 
  7.18     (18) normal maintenance and minor repair of structures 
  7.19  causing no additional intrusion of an existing structure into 
  7.20  the wetland, and maintenance and repair of private crossings 
  7.21  that do not result in the draining or filling, wholly or 
  7.22  partially, of a wetland; 
  7.23     (19) duck blinds; 
  7.24     (20) aquaculture activities, including pond excavation and 
  7.25  construction and maintenance of associated access roads and 
  7.26  dikes authorized under, and conducted in accordance with, a 
  7.27  permit issued by the United States Army Corps of Engineers under 
  7.28  section 404 of the federal Clean Water Act, United States Code, 
  7.29  title 33, section 1344, but not including construction or 
  7.30  expansion of buildings; 
  7.31     (21) wild rice production activities, including necessary 
  7.32  diking and other activities authorized under a permit issued by 
  7.33  the United States Army Corps of Engineers under section 404 of 
  7.34  the federal Clean Water Act, United States Code, title 33, 
  7.35  section 1344; 
  7.36     (22) normal agricultural practices to control pests or 
  8.1   weeds, defined by rule as either noxious or secondary weeds, in 
  8.2   accordance with applicable requirements under state and federal 
  8.3   law, including established best management practices; 
  8.4      (23) activities in a wetland that is on agricultural land 
  8.5   annually enrolled in the federal Food, Agricultural, 
  8.6   Conservation, and Trade Act of 1990, United States Code, title 
  8.7   16, section 3821, subsection (a), clauses (1) to (3), as 
  8.8   amended, and is subject to sections 1421 to 1424 of the federal 
  8.9   act in effect on January 1, 1991, except that land enrolled in a 
  8.10  federal farm program is eligible for easement participation for 
  8.11  those acres not already compensated under a federal program; 
  8.12     (24) development projects and ditch improvement projects in 
  8.13  the state that have received preliminary or final plat approval, 
  8.14  or infrastructure that has been installed, or having local site 
  8.15  plan approval, conditional use permits, or similar official 
  8.16  approval by a governing body or government agency, within five 
  8.17  years before July 1, 1991.  In the seven-county metropolitan 
  8.18  area and in cities of the first and second class, plat approval 
  8.19  must be preliminary as approved by the appropriate governing 
  8.20  body; and 
  8.21     (25) activities that result in the draining or filling 
  8.22  of less than 400 the following amounts of wetlands as part of a 
  8.23  project, regardless of the total amount of wetlands affected by 
  8.24  the project: 
  8.25     (i) 1,000 square feet of wetlands in counties with less 
  8.26  than 50 percent of their presettlement wetlands remaining, and 
  8.27  in the building setback of shoreland areas in all counties; 
  8.28     (ii) 5,000 square feet of wetlands in counties with 50 to 
  8.29  80 percent of their presettlement wetlands remaining; and 
  8.30     (iii) 10,000 square feet of wetlands in counties with 
  8.31  greater than 80 percent of their presettlement wetlands 
  8.32  remaining; and 
  8.33     (26) deposition of spoil resulting from excavation within a 
  8.34  wetland for wildlife habitat purposes, if: 
  8.35     (i) the wetland is located in a county or watershed in 
  8.36  which 50 percent or more of the presettlement wetland acreage 
  9.1   exists; 
  9.2      (ii) the area of deposition does not exceed five percent of 
  9.3   the wetland area; and 
  9.4      (iii) the area proposed for the project does not contain 
  9.5   any species designated as threatened or endangered under state 
  9.6   or federal law. 
  9.7      (b) For the purpose of paragraph (a), clause (16), 
  9.8   "currently serviceable" means usable as is or with some 
  9.9   maintenance, but not so degraded as to essentially require 
  9.10  reconstruction.  Paragraph (a), clause (16), authorizes the 
  9.11  repair, rehabilitation, or replacement of public roads destroyed 
  9.12  by storms, floods, fire, or other discrete events, provided the 
  9.13  repair, rehabilitation, or replacement is commenced or under 
  9.14  contract to commence within two years of the occurrence of the 
  9.15  destruction or damage. 
  9.16     (c) In applying the exemption in paragraph (a), clause 
  9.17  (25), the local government unit shall determine the scope of the 
  9.18  project and the wetlands to be replaced.  In making this 
  9.19  determination, the local government unit may request assistance 
  9.20  from the technical evaluation panel established under section 
  9.21  103G.2242, subdivision 2. 
  9.22     (d) A person conducting an activity in a wetland under an 
  9.23  exemption in paragraph (a) shall ensure that: 
  9.24     (1) appropriate erosion control measures are taken to 
  9.25  prevent sedimentation of the water; 
  9.26     (2) the activity does not block fish passage in a 
  9.27  watercourse; and 
  9.28     (3) the activity is conducted in compliance with all other 
  9.29  applicable federal, state, and local requirements, including 
  9.30  best management practices and water resource protection 
  9.31  requirements established under chapter 103H. 
  9.32     Sec. 3.  Minnesota Statutes 1994, section 103G.2242, 
  9.33  subdivision 1, is amended to read: 
  9.34     Subdivision 1.  [RULES.] (a) By July 1, 1993, the board, in 
  9.35  consultation with the commissioner, shall adopt rules governing 
  9.36  the approval of wetland value replacement plans under this 
 10.1   section.  These rules must address the criteria, procedure, 
 10.2   timing, and location of acceptable replacement of wetland 
 10.3   values; may address the state establishment and administration 
 10.4   of a wetland banking program for public and private projects, 
 10.5   which may include provisions allowing monetary payment to the 
 10.6   wetland banking program for alteration of wetlands on 
 10.7   agricultural land; the methodology to be used in identifying and 
 10.8   evaluating wetland functions; the administrative, monitoring, 
 10.9   and enforcement procedures to be used; and a procedure for the 
 10.10  review and appeal of decisions under this section.  In the case 
 10.11  of peatlands, the replacement plan rules must consider the 
 10.12  impact on carbon balance described in the report required by 
 10.13  Laws 1990, chapter 587, and include the planting of trees or 
 10.14  shrubs. 
 10.15     (b) After the adoption of the rules, a replacement plan 
 10.16  must be approved by a resolution of the governing body of the 
 10.17  local government unit, consistent with the provisions of the 
 10.18  rules. 
 10.19     (c) The board may approve As an alternative to the rules 
 10.20  adopted under this subdivision, a local government unit may 
 10.21  develop and implement a comprehensive wetland protection and 
 10.22  management plan developed by a local government unit, provided 
 10.23  that the plan: 
 10.24     (1) incorporates sections 103A.201, subdivision 2, and 
 10.25  103G.222; 
 10.26     (2) is adopted as part of an approved local water plan 
 10.27  under sections 103B.231 and 103B.311; and 
 10.28     (3) is adopted as part of the local government's official 
 10.29  controls in accordance with subdivision 1a. 
 10.30     (d) If the local government unit fails to apply the rules, 
 10.31  or fails to implement a local program under paragraph 
 10.32  (c) subdivision 1a, the government unit is subject to penalty as 
 10.33  determined by the board. 
 10.34     Sec. 4.  Minnesota Statutes 1994, section 103G.2242, is 
 10.35  amended by adding a subdivision to read: 
 10.36     Subd. 1a.  [COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT 
 11.1   PLANS.] (a) A local government unit may adopt and implement a 
 11.2   comprehensive wetland protection and management plan in lieu of 
 11.3   the rules adopted by the board under subdivision 1, and section 
 11.4   103B.3355, provided that the plan: 
 11.5      (1) shall incorporate section 103A.201, subdivision 2, and, 
 11.6   except as provided in this paragraph, section 103G.222; 
 11.7      (2) may establish public value criteria for wetlands, 
 11.8   consistent with the factors listed in section 103B.3355, 
 11.9   paragraph (a), that vary from rules adopted by the board under 
 11.10  that section; 
 11.11     (3) may modify the application of section 103G.222, 
 11.12  paragraph (b), based on the public value of the affected 
 11.13  wetland; 
 11.14     (4) may modify the application of section 103G.222, 
 11.15  paragraphs (f) and (g), provided there is no net loss of public 
 11.16  value or biological diversity within the area subject to the 
 11.17  plan; 
 11.18     (5) may allow replacement credit for any activity that 
 11.19  increases the public value of wetlands, including activities on 
 11.20  adjacent upland areas; 
 11.21     (6) may establish a local wetland bank that is not subject 
 11.22  to rules adopted by the board, provided the bank is administered 
 11.23  so as to ensure no net loss of wetland values; and 
 11.24     (7) may expand the application of the exemptions in section 
 11.25  103G.2241, paragraph (a), clauses (7) and (8), to also include 
 11.26  nonagricultural land. 
 11.27     (b) A plan adopted under this subdivision must be adopted 
 11.28  by ordinance in accordance with the process required for 
 11.29  adoption of comprehensive plans under section 375.51 and the 
 11.30  following additional requirements: 
 11.31     (1) not less than 30 days before the public hearing 
 11.32  required by section 375.51, subdivision 1, the local government 
 11.33  unit shall provide written notice of the hearing to the 
 11.34  executive director of the board and the commissioners of natural 
 11.35  resources and the pollution control agency; 
 11.36     (2) the local government unit shall prepare and make 
 12.1   available to the public a written report addressing the issues 
 12.2   raised in comments received on the proposed plan; 
 12.3      (3) at the time publication is made of the adopted plan 
 12.4   under section 375.51, subdivision 3, a copy of the plan must 
 12.5   also be mailed to the executive director of the board and the 
 12.6   commissioners of natural resources and the pollution control 
 12.7   agency; and 
 12.8      (4) notice of the availability of the report required in 
 12.9   clause (2) must be included in the publication under section 
 12.10  375.51, subdivision 3, and mailed with the plan under clause (3).
 12.11     (c) The board may develop guidelines to assist local 
 12.12  government units in developing plans under this paragraph.  Any 
 12.13  guidelines developed by the board are not binding on local 
 12.14  government units. 
 12.15     Sec. 5.  Minnesota Statutes 1994, section 103G.2242, 
 12.16  subdivision 2, is amended to read: 
 12.17     Subd. 2.  [EVALUATION.] Questions concerning the public 
 12.18  value, location, size, or type of a wetland shall be submitted 
 12.19  to and determined by a technical evaluation panel after an 
 12.20  on-site inspection.  The technical evaluation panel shall be 
 12.21  composed of a technical professional employee of the board, a 
 12.22  technical professional employee of the local soil and water 
 12.23  conservation district or districts, and a technical professional 
 12.24  with expertise in water resources management appointed by the 
 12.25  local government unit.  The panel shall use the "Federal Manual 
 12.26  for Identifying and Delineating Jurisdictional Wetlands" 
 12.27  (January 1989) "U.S. Army Corps of Engineers Wetland Delineation 
 12.28  Manual" (January 1987).  The panel shall provide the wetland 
 12.29  determination to the local government unit that must approve a 
 12.30  replacement plan under this section, and may recommend approval 
 12.31  or denial of the plan.  The authority must consider and include 
 12.32  the decision of the technical evaluation panel in their approval 
 12.33  or denial of a plan. 
 12.34     Sec. 6.  Minnesota Statutes 1994, section 103G.2242, 
 12.35  subdivision 6, is amended to read: 
 12.36     Subd. 6.  [NOTICE OF APPLICATION.] (a) Except as provided 
 13.1   in paragraph (b), within ten days of receiving an application 
 13.2   for approval of a replacement plan under this section, a copy 
 13.3   summary of the application must be submitted to the board for 
 13.4   publication in the Environmental Quality Board Monitor and 
 13.5   separate copies of the complete application mailed to the 
 13.6   members of the technical evaluation panel, individual members of 
 13.7   the public who request a copy, the board of supervisors of the 
 13.8   soil and water conservation district, the managers of the 
 13.9   watershed district if one exists, the board of county 
 13.10  commissioners, and the commissioner of agriculture, and the 
 13.11  mayors of the cities within the area watershed.  At the same 
 13.12  time, the local government unit must give general notice to the 
 13.13  public in a general circulation newspaper within the area 
 13.14  affected natural resources. 
 13.15     (b) Within ten days of receiving an application for 
 13.16  approval of a replacement plan under this section for an 
 13.17  activity affecting less than 10,000 square feet of wetland, a 
 13.18  summary of the application must be submitted for publication in 
 13.19  the Environmental Quality Board Monitor and separate copies 
 13.20  mailed to the members of the technical evaluation panel, 
 13.21  individual members of the public who request a copy, and the 
 13.22  managers of the watershed district, if applicable.  At the same 
 13.23  time, the local government unit must give general notice to the 
 13.24  public in a general circulation newspaper within the area 
 13.25  affected commissioner of natural resources. 
 13.26     Sec. 7.  Minnesota Statutes 1994, section 103G.2242, 
 13.27  subdivision 7, is amended to read: 
 13.28     Subd. 7.  [NOTICE OF DECISION.] (a) Except as provided in 
 13.29  paragraph (b), At least 30 ten days prior to the effective date 
 13.30  of the approval or denial of a replacement plan under this 
 13.31  section, a copy summary of the approval or denial must be 
 13.32  submitted for publication in the Environmental Quality Board 
 13.33  Monitor and separate copies mailed to the applicant, the board 
 13.34  members of the technical evaluation panel, individual members of 
 13.35  the public who request a copy, the board of supervisors of the 
 13.36  soil and water conservation district, the managers of the 
 14.1   watershed district if one exists, the board of county 
 14.2   commissioners, and the commissioner of agriculture, and the 
 14.3   mayors of the cities within the area watershed natural resources.
 14.4      (b) Within ten days of the decision approving or denying a 
 14.5   replacement plan under this section for an activity affecting 
 14.6   less than 10,000 square feet of wetland, a summary of the 
 14.7   approval or denial must be submitted for publication in the 
 14.8   Environmental Quality Board Monitor and separate copies mailed 
 14.9   to the applicant, individual members of the public who request a 
 14.10  copy, the members of the technical evaluation panel, and the 
 14.11  managers of the watershed district, if applicable.  At the same 
 14.12  time, the local government unit must give general notice to the 
 14.13  public in a general circulation newspaper within the area 
 14.14  affected. 
 14.15     Sec. 8.  Minnesota Statutes 1994, section 103G.2242, 
 14.16  subdivision 9, is amended to read: 
 14.17     Subd. 9.  [APPEAL.] Appeal of the a replacement plan, 
 14.18  exemption, or no-loss decision may be obtained by mailing 
 14.19  a notice of appeal petition to the board within 30 15 days after 
 14.20  the postmarked date of the mailing specified in subdivision 
 14.21  7.  The local government unit may require the petitioner to post 
 14.22  a bond.  If appeal is not sought within 30 15 days, the decision 
 14.23  becomes final.  Appeal may be made by the wetland owner, by any 
 14.24  of those to whom notice is required to be mailed under 
 14.25  subdivision 7, or by 100 residents of the county in which a 
 14.26  majority of the wetland is located.  Within 30 days after 
 14.27  receiving a petition, the board shall decide whether to grant 
 14.28  the petition and hear the appeal.  The board shall grant the 
 14.29  petition unless the board finds that the appeal is meritless, 
 14.30  trivial, or brought solely for the purposes of delay, or that 
 14.31  the petitioner has not posted a bond if required by the local 
 14.32  government unit.  In determining whether to grant the appeal, 
 14.33  the board shall also consider the size of the wetland, other 
 14.34  factors in controversy, any patterns of similar acts by the 
 14.35  local government unit or petitioner, and the consequences of the 
 14.36  delay resulting from the appeal.  All appeals must be heard by 
 15.1   the committee for dispute resolution of the board, and a 
 15.2   decision made within 60 days of the appeal.  The decision must 
 15.3   be served by mail on the parties to the appeal, and is not 
 15.4   subject to the provisions of chapter 14.  The A decision whether 
 15.5   to grant a petition for appeal and a decision on the merits of 
 15.6   an appeal must be considered the decision of an agency in a 
 15.7   contested case for purposes of judicial review under sections 
 15.8   14.63 to 14.69. 
 15.9      Sec. 9.  Minnesota Statutes 1994, section 103G.2242, 
 15.10  subdivision 12, is amended to read: 
 15.11     Subd. 12.  [REPLACEMENT CREDITS.] (a) Except as provided in 
 15.12  paragraphs (b) and (c), no public or private wetland 
 15.13  restoration, enhancement, or construction may be allowed for 
 15.14  replacement unless specifically designated for replacement and 
 15.15  paid for by the individual or organization performing the 
 15.16  wetland restoration, enhancement, or construction, and is 
 15.17  completed prior to any draining or filling of the wetland. 
 15.18     This subdivision (b) Paragraph (a) does not apply to a 
 15.19  wetland whose owner has paid back with interest the individual 
 15.20  or organization restoring, enhancing, or constructing the 
 15.21  wetland. 
 15.22     (c) A wetland covered by section 103G.2241, paragraph (a), 
 15.23  clause (9), may be used for replacement statewide. 
 15.24     Sec. 10.  Minnesota Statutes 1994, section 103G.237, 
 15.25  subdivision 4, is amended to read: 
 15.26     Subd. 4.  [COMPENSATION.] (a) The board shall award 
 15.27  compensation in an amount equal to the greater of: 
 15.28     (1) 50 percent of the value of the wetland, calculated by 
 15.29  multiplying the acreage of the wetland by the greater of: 
 15.30     (1) (i) the average equalized estimated market value of 
 15.31  agricultural property in the township as established by the 
 15.32  commissioner of revenue at the time application for compensation 
 15.33  is made; or 
 15.34     (2) (ii) the assessed value per acre of the parcel 
 15.35  containing the wetland, based on the assessed value of the 
 15.36  parcel as stated on the most recent tax statement; or 
 16.1      (2) $200 per acre of wetland subject to the replacement 
 16.2   plan. 
 16.3      (b) A person who receives compensation under paragraph (a) 
 16.4   shall convey to the board a permanent conservation easement as 
 16.5   described in section 103F.515, subdivision 4.  An easement 
 16.6   conveyed under this paragraph is subject to correction and 
 16.7   enforcement under section 103F.515, subdivisions 8 and 9. 
 16.8      Sec. 11.  Minnesota Statutes 1994, section 103G.237, is 
 16.9   amended by adding a subdivision to read: 
 16.10     Subd. 5.  [COMPENSATION CLAIMS AGAINST LOCAL GOVERNMENT 
 16.11  UNITS.] (a) At the request of a local government unit against 
 16.12  which a just compensation action is brought based at least in 
 16.13  part on the local government unit's application of section 
 16.14  103G.222, 103G.2241, 103G.2242, 103G.237, or 103G.2372, or rules 
 16.15  adopted by the board to implement these sections, the state, 
 16.16  through the attorney general, shall intervene in the action on 
 16.17  behalf of the local government unit and shall thereafter be 
 16.18  considered a defendant in the action.  A local government unit 
 16.19  making a request under this paragraph shall provide the attorney 
 16.20  general with a copy of the complaint as soon as possible after 
 16.21  being served.  If requested by the attorney general, the court 
 16.22  shall grant additional time to file an answer equal to the time 
 16.23  between service of the complaint on the local government unit 
 16.24  and receipt of the complaint by the attorney general. 
 16.25     (b) In making an award of damages in the action, the court 
 16.26  shall specify which portion of the award, if any, is based on 
 16.27  requirements other than those specified in paragraph (a) and the 
 16.28  local government unit is liable only for that portion of the 
 16.29  award. 
 16.30     (c) For the purposes of this subdivision, "just 
 16.31  compensation action" means an action in which the plaintiff 
 16.32  seeks compensation for a taking of private property under the 
 16.33  state or federal constitution. 
 16.34     Sec. 12.  Minnesota Statutes 1994, section 103G.2372, 
 16.35  subdivision 1, is amended to read: 
 16.36     Subdivision 1.  [COMMISSIONER OF NATURAL RESOURCES.] The 
 17.1   commissioner of natural resources, conservation officers, and 
 17.2   peace officers shall enforce laws preserving and protecting 
 17.3   wetlands.  The commissioner of natural resources, a conservation 
 17.4   officer, or a peace officer may issue a cease and desist order 
 17.5   to stop any illegal activity adversely affecting a wetland.  In 
 17.6   the order, or by separate order, the commissioner, conservation 
 17.7   officer, or peace officer may require restoration or replacement 
 17.8   of the wetland, as determined by the local soil and water 
 17.9   conservation district.  The soil and water conservation district 
 17.10  shall make its determination within 30 days after the cease and 
 17.11  desist order or separate restoration order is issued. 
 17.12     Sec. 13.  [USE OF BLOCK GRANTS FOR WETLAND PLANS.] 
 17.13     Natural resource block grants made under Laws 1993, chapter 
 17.14  172, section 6, may be used for development and implementation 
 17.15  of comprehensive wetland protection and management plans under 
 17.16  Minnesota Statutes, section 103G.2242, subdivision 1a.