Comparison of SF1137/HF1343 and WCA Assessment Legislation

Summary of WCA Statutory Amendments S.F. 2096-Article 1

May 7, 2007

Issue Summary 1. 60-Day Rule . Amends Minn. Stat. 15.99 (60-day rule) to specify that an agency response (Section 11) includes an approval with conditions. Failure to satisfy the conditions may be a basis to revoke or rescind agency approval, and will not give rise to a claim that the 60-day rule was not met.

2. Administrative . BWSR may issue an order to require violations be corrected and administratively Penalty Orders assess monetary penalties of up to $10,000 per violation for violations of 103B, (Section 103) 103C, 103D, 103E, 103F, and 103G . Administrative penalties assessed may be appealed and enforced under Minn. Stat. 116.072

3. Deed . Authorizes local governments to place a deed restriction on a wetland drained Restriction under the Drainage Exemption that prohibits non-ag use for ten years, if the (Section 120) wetland area is at risk of conversion to a non-agricultural use. . This provision applies to the existing subd. 2(b) and the new subd. 2 (e) - 8 of 10 year cropping history under the Drainage Exemption.

4. Stormwater . Prohibits using stormwater ponds created primarily to fulfill stormwater Ponds management and water quality requirements to be used to meet wetland (Section 120) replacement requirements, unless the design includes pretreatment of runoff and the pond is functioning as a wetland.

5. Wetland . Reorganizes wetland replacement siting provisions into >80%, <80%, seven Replacement county metro, and public transportation sections. Siting . Authorizes wetland bank service areas as another geographic siting region for (Section 121) wetland replacement. . Allows impacts in >80% area to replace by banking after evaluating on-site replacement and replacement within the watershed. . Replacement of wetland impacts in the seven-county metro area must be replaced (1) in the county, (2) in another of the seven metro counties, or (3) in a major watershed wholly or partially within the seven metro counties, but at least 1:1 must be replaced in the seven county metro area.

1 Issue Summary 6. Agricultural . Deletes much of the current exemption; but retains the grandfather provision (6 Activities of 10 years prior to 1-1-91); aquaculture; wild rice; and for activities that are Exemption subject to federal farm program restrictions that meet minimum standards, and (Section 122) have been approved by BWSR, DNR, PCA, and MDA. . Amends the current exemption for wetland types 1, 2, and 6 to only apply to pasture land that remains in the same use. . Exempts normal farming that is defined as farming, silvicultural, grazing, and ranching such as plowing, seeding, cultivating, and harvesting, for the production of feed, food, and fiber products. . Normal farming does not include draining. . Exempts soil and water conservation practices, reviewed by the technical evaluation panel, and approved by the SWCD.

Effective Date: August 1

7. Drainage . Delete obsolete provision (projects approved between 1986 and 1991). Exemption . Exempt draining of agricultural land that has been (1) planted with annually (Section 123) seeded crops before July 5 in 8 out of 10 most recent years, (2) was in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a crop productions purpose, in 8 out of 10 most recent years, or (3) enrolled in a land conservation program and met (1) or (2) before enrollment. . Amends the existing Subd. 2 (b) to allow parcels subject to local zoning standards that allow for family members to establish an additional residence on the same 40 acres.

Effective Date: August 1

8. Federal . Deletes first two clauses of existing exemption. Approvals Exemption (Section 124)

9. Utilities; Public . Delete and re-write current exemption. Works Exemption (Section 125)

2 Issue Summary 10. De minimis . Modify exemptions amounts as follows: Exemption (1) 10,000 s.f in > 80% area (no change). (Section 126) (2) 5,000 s.f. in 50-80% area, except in the 11 county metro area. (3) 2,000 s.f. in < 50% area, except in the 11 county metro area. (4) 100 s.f. of wetlands types 3, 4, and 5, outside of the building setback zone. (5) 400 0 in building setback zone of the shoreland wetland protection zone. 400 s.f. of wetland types listed in 1-3 in the shoreland zone beyond the building setback zone. (6) 20 s.f. regardless of wetland type and location. (7) 2,500 s.f. in a 50-80% county in the 11 county metro area. (8) 1,000 s.f. in a < 50% county in the 11 county metro area. . The 11 county metro area consists of the counties of: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright. . Prohibits dividing property to increase De minimis amounts.

11. Exemption . BWSR is required to develop rules that address the application and Noticing implementation of exemptions and that provide for estimates and reporting of (Section 127) exempt wetland impacts, including the drainage, utilities/public works, and de minimis exemptions.

12. Certification . BWSR may establish a wetland delineator certification program. Program (Section 128)

13. Local Appeals . Allow 30 days for local appeals, notwithstanding the 60-day rule. (Section 129)

14. BWSR Appeals . BWSR may establish fees for appeals of restoration orders. (Sections 130 and . Deletes local government authority to require $500 fee for appeals to BWSR. 132) . Authorizes BWSR to establish a fee schedule for appeals, which are not to exceed $1,000. . Fees must be paid to BWSR.

15. Rulemaking . Authorizes BWSR to adopt exempt rules within 90-days of enactment, that are (Section 166) in effect for 2-years, the rulemaking shall address exemptions, wetland replacement and banking.

16. Approved . Repeal. Development Exemption (Section 170)

3 17. Appropriations . $250,000 in fiscal years 2008 and 2009 to BWSR for grants to local (Section 5) governments in the 11 county metro area to improve response to major wetland violations. . $250,000 in fiscal years 2008 and 2009 to BWSR for transfer to the DNR for enforcement of wetland violations. . $500,000 in fiscal years 2008 and 2009 to increase BWSR staffing to provide oversight and skilled technical support to local governments. . $60,000 in fiscal years 2008 and 2009 to establish BWSR staff to monitor and enforce wetland replacement/banking sites. . $60,000 in fiscal year 2008 for rulemaking. . $225,000 in fiscal year 2008 to BWSR to inventory wetland mitigation opportunities and water quality and watershed improvement projects in the greater than 80% area. . $150,000 in fiscal year 2008 to BWSR to conduct a region-wide wetland mitigation siting analysis in the greater than 80% area.

Effective Date . Day following final enactment, except for Agricultural Activities and Drainage Exemptions which are August 1.

Prepared by the Board of Water and Soil Resources