07/25/2001 Env Bd Packet - Laserfiche WebLink

Home Search

decision. Appeal may be made by the landowner, by any of those required to receive notice of the decision, or by 100 residents of the county in which a majority of the wetland is located. Appeal is effective upon mailing of the notice of appeal to the board with an affidavit that a copy of the notice of appeal has been mailed to the local government unit. The local government unit shall then mail a copy of the notice of the appeal to all those to whom it was required by part 8420.0230 to mail a copy of the notice of decision. Subp. 2. Appeal of exemption and no -loss determinations. A. An exemption or no -loss determination may be appealed to the board by the landowner after first exhausting all local administrative appeal options. B. Those required to receive notice of replacement plan decisions as provided for in part 8420.0230 may petition the board to hear an appeal from an exemption or no -loss determination. The board shall grant the petition unless it finds that the appeal is meritless, trivial, or brought solely for the purposes of delay. In determining whether to grant the appeal, the board shall also give consideration to the size of the wetland, other factors in controversy, any patterns of similar acts by the local government unit or landowner or petitioner, and the consequences of the delay. C. The determination of the local government unit on the exemption or no -loss application is final unless an appeal or petition is mailed to the board within 30 days after the decision is mailed to the landowner. The appeal or petition must be accompanied by an affidavit that a copy has been sent to the local government unit, and to the landowner if it is a petition. Subp. 3. B' and appeal procedures. The appeal will be decided by the board within 60 days after receiving the notice of appeal and affidavit or granting the petition. Parties to the appeal are the appellant, the local government unit, and in the case of replacement plan appeals, all those required to receive notice of the local government unit decision. Upon appeal, the local government unit shall forward to the board the record on which it based its decision. The board will make its decision on the appeal after hearing. Thirty days' notice of the hearing shall be given by the board to the parties. The parties may present written and oral argument. When the local government unit has made formal findings contemporaneously with its decision and there is an accurate verbatim transcript of the proceedings and the proceedings were fairly conducted, the board will.base its review on the record. Otherwise it may take additional evidence, or remand the matter. The board will affirm the local government unit's decision if the local government unit's findings of fact are not clearly erroneous; if the local government unit correctly applied the 23