07/25/2001 Env Bd Packet - Laserfiche WebLink

Home Search

The landowner applying for exemption is responsible for submitting the proof necessary to show qualification for the particular exemption claimed. The local government unit may place the decision authority for exemption applications with the zoning administrator, or establish other procedures it considers appropriate. The local government unit decision shall be based on the exemptions standards in part 8420.0120. If the decision requires a finding of wetland size or type, the local government unit should seek the advice of the technical panel as described in part 8420.0240. A landowner draining or filling a wetland under an exemption shall ensure that appropriate erosion control measures are taken to prevent sedimentation of the water, the drain or fill does not block fish passage, and the drain or fill is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under Minnesota Statutes, chapter 103H. SA: MS s 14.06; 1038.101; 1038.3355 HIST: 18 SR 274 8420.0220 NO -LOSS DETERMINATIONS. A landowner unsure if proposed work will result in a loss of wetland may apply to the local government unit for a determination. A landowner who does not request a determination may be subject to the enforcement provisions in part 8420.0290 and Minnesota Statutes, section 103G.2372. The local government unit must keep on file all documentation and findings of fact concerning no -loss determinations for a period of ten years. The landowner applying for a no -loss determination is responsible for-submitting the proof necessary to show qualification for the claim. The local government unit may place the decision authority for no -loss applications with the zoning administrator, or establish other procedures it considers appropriate. The local government unit shall issue a no -loss certificate if the landowner requests and if either: A. the work will not drain or fill a wetland; B. water level management activities will not result in the conversion of a wetland to another land use; C. the activities are in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or D. the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition. 19