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C. DETERMINING LOCAL GOVERNMENTAL UNIT (MN Rules Chapter <br /> 8420.0200) <br /> Determining the Local Governmental Unit (LGU) for administering the WCA is clearly spelled <br /> out in the Rules. Specifically: <br /> _ Outside the seven-county metropolitan area, the LGU is the county or city in which the <br /> drain or fill activity is located, or its delegate. <br /> ► In the seven-county metropolitan area, the LGU is the city, town or water management <br /> organization regulating surface-water-related matters in the area in which the drain or fill <br /> activity is located, or its delegate. The watershed management plan adopted under M.S. <br /> section 103B.231, and related board rules, will normally indicate the appropriate LGU. <br /> Lacking an indication, the LGU must be the city, town, or its delegate. <br /> If the activity in a wetland is located in two jurisdictions, the LGU for decisions under the WCA <br /> shall be the one exercising zoning authority over the project or, if both have zoning authority, the <br /> one in which most of the wetland loss will occur. If no zoning permits are required, the LGU <br /> shall be the one in which most of the wetland loss will occur. If an activity will affect wetlands in <br /> more than one LGU, the BWSR will coordinate the project review to ensure consistency and <br /> consensus among the LGUs involved. <br /> Potential conflicts for determining the LGU in the seven-county metropolitan area may be <br /> resolved using BWSR guidance provided to the Rice Creek Watershed District in a letter dated <br /> February 2, 1994 (copy provided in the appendix to this part). Now that the WCA has been <br /> implemented for a few years, these types of conflicts are less likely to occur. However, an update <br /> to a watershed management plan could propose a change to a designated LGU, for which this <br /> guidance may be helpful. <br /> A sample resolution for adoption of the WCA is included in the Part I appendix. <br /> In addition, the"local governmental unit" is defined, in those cases where an activity or <br /> replacement will occur on state land, as the agency with administrative responsibility for that land. <br /> The BWSR will resolve all questions as to which government entity is the responsible authority by <br /> applying the guidelines spelled out in the Rules 8420.0200, items A to C, as described above. <br /> Part I - Program Overview July 1997 <br /> WCA Administration I- 9 <br />