07/25/2001 Env Bd Packet - Laserfiche WebLink

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act in effect on January 1, 1991, except that land enrolled in a federal farm program is eligible for easement participation for those acres not already compensated under a federal program. Documentation such as a written statement from the local Agricultural Stabilization and Conservation Service office that the proposed activity would not result in loss of eligibility for benefits under the farm program may be used as evidence for this exemption. If the activity would result in loss of eligibility, the landowner cannot qualify for the exemption by withdrawing from the program. Subp. 24. Exemption (24). A replacement plan for wetlands is not required for: (24) development projects and ditch improvement projects in the state that have received preliminary or final plat approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approval by a governing body or government agency, within five years before July 1, 1991. In the seven- county metropolitan area and in cities of the first and second class, plat approval must be preliminary as approved by the appropriate governing body. Subdividers who obtained preliminary plat approval in the specified time period, and other project developers with one of the listed approvals timely obtained, provided approval has not expired and the project remains active, may drain and fill wetlands, to the extent documented by the approval, without replacement. Those elements of the project that can be carried out without changing the approved plan and without draining or filling must be done in that manner. If wetlands can be avoided within the terms of the approved plan, they must be avoided. For county, joint county, and watershed district ditch projects, this exemption applies to projects that received final approval in the specified time period. Subp. 25. Exemption (25). A replacement plan for wetlands is not required for: (25) activities that result in the draining or filling of less than 400 square feet of wetlands. This exemption applies if the total wetland loss by draining and filling will be less than 400 square feet per year per landowner, and the cumulative impact by all persons on a wetland over time without replacement after January 1, 1992, does not exceed five percent of the wetland's area. SA: MS s 14.06; 103B.101; 103B.3355 HIST: 18 SR 274 PROCEDURES 8420.0200 DETERMINING LOCAL GOVERNMENT UNIT. The local government unit responsible for making exemption and no -loss determinations and approving replacement plans shall 17 Is