1.1Senator Howe moved to amend
S.F. No. 4059 as follows (...):
1.2Page 96, after line 16, insert:
1.3 "Section 1. Minnesota Statutes 2024, section 103G.222, subdivision 1, is amended to read:
1.4 Subdivision 1.
Requirements. (a) Wetlands must not be drained or filled, wholly or
1.5partially, unless replaced by actions that provide at least equal public value under
a
1.6replacement plan approved as provided in section
103G.2242, a replacement plan under a
1.7local governmental unit's comprehensive wetland protection and management plan approved
1.8by the board under section
103G.2243, or, if a permit to mine is required under section
1.993.481, under a mining reclamation plan approved by the commissioner under the permit
1.10to mine. Project-specific wetland-replacement plans submitted as part of a project
for which
1.11a permit to mine is required and approved by the commissioner on or after July 1,
1991,
1.12may include surplus wetland credits to be allocated by the commissioner to offset
future
1.13mining-related wetland impacts under any permits to mine held by the permittee, the
operator,
1.14the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant
to an
1.15assignment under section
93.481, subdivision 5. For project-specific wetland replacement
1.16completed prior to wetland impacts authorized or conducted under a permit to mine
within
1.17the Great Lakes and Rainy River watershed basins, those basins are considered a single
1.18watershed for purposes of determining wetland-replacement ratios. Mining reclamation
1.19plans must apply the same principles and standards for replacing wetlands that are
applicable
1.20to mitigation plans approved as provided in section
103G.2242. The commissioner must
1.21provide notice of an application for wetland replacement under a permit to mine to
the
1.22county in which the impact is proposed and the county in which a mitigation site is
proposed.
1.23Public value must be determined in accordance with section
103B.3355 or a comprehensive
1.24wetland protection and management plan established under section
103G.2243. Sections
1.25103G.221 to
103G.2372 also apply to excavation in permanently and semipermanently
1.26flooded areas of wetlands.
1.27 (b) Replacement must be guided by the following principles in descending order of
1.28priority:
1.29 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
1.30the wetland;
1.31 (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
1.32and its implementation;
2.1 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland
2.2environment;
2.3 (4) reducing or eliminating the impact over time by preservation and maintenance
2.4operations during the life of the activity;
2.5 (5) compensating for the impact by restoring a wetland; and
2.6 (6) compensating for the impact by replacing or providing substitute wetland resources
2.7or environments.
2.8For a project involving the draining or filling of wetlands in an amount not exceeding
10,000
2.9square feet more than the applicable amount in section
103G.2241, subdivision 9, paragraph
2.10(a), the local government unit may make an on-site sequencing determination without
a
2.11written alternatives analysis from the applicant.
2.12 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
2.13through restoration only without regard to the priority order in paragraph (b), provided
that
2.14the altered wetland is not converted to a nonagricultural use for at least ten years.
2.15 (d) If a wetland is replaced under paragraph (c), or drained under section
103G.2241,
2.16subdivision 1, clause (1), the local government unit may require a deed restriction
that
2.17prohibits nonagricultural use for at least ten years. The local government unit may
require
2.18the deed restriction if it determines the wetland area drained is at risk of conversion
to a
2.19nonagricultural use within ten years based on the zoning classification, proximity
to a
2.20municipality or full service road, or other criteria as determined by the local government
2.21unit.
2.22 (e) Restoration and replacement of wetlands must be accomplished in accordance with
2.23the ecology of the landscape area affected and ponds that are created primarily to
fulfill
2.24stormwater management, and water quality treatment requirements may not be used to
2.25satisfy replacement requirements under this chapter unless the design includes pretreatment
2.26of runoff and the pond is functioning as a wetland.
2.27 (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
2.28on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland
2.29for each acre of drained or filled wetland.
2.30 (g) For
any of the following, replacement must be in the ratio of one acre of replaced
2.31wetland for each acre of drained or filled wetland:
2.32 (1) a wetland or public waters wetland located on agricultural land
or;
3.1 (2) a wetland or public waters wetland located in a greater than 80 percent area
,
3.2replacement must be in the ratio of one acre of replaced wetland for each acre of
drained
3.3or filled wetland; or
3.4 (3) a wetland or public waters wetland that is being replaced as part of a transportation
3.5project, regardless of whether the wetland or public waters wetland is located on
agricultural
3.6or nonagricultural land.
3.7 (h) Wetlands that are restored or created as a result of an approved replacement plan
are
3.8subject to the provisions of this section for any subsequent drainage or filling.
3.9 (i) Except in a greater than 80 percent area, only wetlands that have been restored
from
3.10previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
3.11wetlands created by dikes or dams along public or private drainage ditches, or wetlands
3.12created by dikes or dams associated with the restoration of previously drained or
filled
3.13wetlands may be used for wetland replacement according to rules adopted under section
3.14103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
3.15wetlands from one type to another are not eligible for wetland replacement.
3.16 (j) The Technical Evaluation Panel established under section
103G.2242, subdivision
3.172, shall ensure that sufficient time has occurred for the wetland to develop wetland
3.18characteristics of soils, vegetation, and hydrology before recommending that the wetland
3.19be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
reason
3.20to believe that the wetland characteristics may change substantially, the panel shall
postpone
3.21its recommendation until the wetland has stabilized.
3.22 (k) This section and sections
103G.223 to
103G.2242,
103G.2364, and
103G.2365 apply
3.23to the state and its departments and agencies.
3.24 (l) For projects involving draining or filling of wetlands associated with a new public
3.25transportation project, and for projects expanded solely for additional traffic capacity,
public
3.26transportation authorities may purchase credits from the board at the cost to the
board to
3.27establish credits. Proceeds from the sale of credits provided under this paragraph
are
3.28appropriated to the board for the purposes of this paragraph. For the purposes of
this
3.29paragraph, "transportation project" does not include an airport project.
3.30 (m) A replacement plan for wetlands is not required for individual projects that result
3.31in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or
3.32replacement of a currently serviceable existing state, city, county, or town public
road
3.33necessary, as determined by the public transportation authority, to meet state or
federal
3.34design or safety standards or requirements, excluding new roads or roads expanded
solely
4.1for additional traffic capacity lanes. This paragraph only applies to authorities
for public
4.2transportation projects that:
4.3 (1) minimize the amount of wetland filling or draining associated with the project
and
4.4consider mitigating important site-specific wetland functions on site;
4.5 (2) except as provided in clause (3), submit project-specific reports to the board,
the
4.6Technical Evaluation Panel, the commissioner of natural resources, and members of
the
4.7public requesting a copy at least 30 days prior to construction that indicate the
location,
4.8amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene
4.9an annual meeting of the parties required to receive notice to review projects to
be
4.10commenced during the upcoming year; and
4.11 (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
4.12submit project-specific reports, within 30 days of commencing the activity, to the
board
4.13that indicate the location, amount, and type of wetlands that have been filled or
drained.
4.14 Those required to receive notice of public transportation projects may appeal
4.15minimization, delineation, and on-site mitigation decisions made by the public transportation
4.16authority to the board according to the provisions of section
103G.2242, subdivision 9. The
4.17Technical Evaluation Panel must review minimization and delineation decisions made
by
4.18the public transportation authority and provide recommendations regarding on-site
mitigation
4.19if requested to do so by the local government unit, a contiguous landowner, or a member
4.20of the Technical Evaluation Panel.
4.21 Except for public transportation projects that occur on state roads, for which the
state
4.22Department of Transportation is responsible for the wetland replacement, the board
must
4.23replace the wetlands, and wetland areas of public waters if authorized by the commissioner
4.24or a delegated authority, drained or filled by public transportation projects on existing
roads.
4.25 Public transportation authorities at their discretion may deviate from federal and
state
4.26design standards on existing road projects when practical and reasonable to avoid
wetland
4.27filling or draining, provided that public safety is not unreasonably compromised.
The local
4.28road authority and its officers and employees are exempt from liability for any tort
claim
4.29for injury to persons or property arising from travel on the highway and related to
the
4.30deviation from the design standards for construction or reconstruction under this
paragraph.
4.31This paragraph does not preclude an action for damages arising from negligence in
4.32construction or maintenance on a highway.
5.1 (n) If a landowner seeks approval of a replacement plan after the proposed project
has
5.2already affected the wetland, the local government unit may require the landowner
to replace
5.3the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
5.4 (o) A local government unit may request the board to reclassify a county or watershed
5.5on the basis of its percentage of presettlement wetlands remaining. After receipt
of
5.6satisfactory documentation from the local government, the board shall change the
5.7classification of a county or watershed. If requested by the local government unit,
the board
5.8must assist in developing the documentation. Within 30 days of its action to approve
a
5.9change of wetland classifications, the board shall publish a notice of the change
in the
5.10Environmental Quality Board Monitor.
5.11 (p) One hundred citizens who reside within the jurisdiction of the local government
unit
5.12may request the local government unit to reclassify a county or watershed on the basis
of
5.13its percentage of presettlement wetlands remaining. In support of their petition,
the citizens
5.14shall provide satisfactory documentation to the local government unit. The local government
5.15unit shall consider the petition and forward the request to the board under paragraph
(o) or
5.16provide a reason why the petition is denied."
5.17Renumber the sections in sequence and correct the internal references
5.18Amend the title accordingly
5.19The motion prevailed. #did not prevail. So the amendment was #not adopted.