2003.02.18 RESO 2003-0012 - Laserfiche WebLink

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RESOLUTION 2003 -12 A RESOLUTION BY INTERESTED PARTIES SUPPORTING LEGISLATION RELATING TO WETLANDS REQUIRING THE BOARD OF WATER AND SOIL RESOURCES TO REMOVE A WETLAND EXEMPTION RULE Whereas, courts have observed that "land subject to drainage liens is entitled to have all of the conditions upon which a system is based, as well as the ditch or tiles themselves maintained so that the system will function substantially as established" (Fisher V. Town of Albin 104 N.W.2d 32,35 (1960); and Whereas, the City of Hugo relies on natural and manmade drainage systems and the maintenance of those systems, to provide adequate and necessary stormwater drainage for much of the City; and Whereas, the City of Hugo has been compelled to reduce market value on otherwise taxable property where traditional uses are no longer feasible due to flooding caused by the lack of maintenance of the aforementioned drainage systems and has seen the loss of valuable stands of trees, the inundation of formerly productive lands because of flooding and the loss of water quality due to phosphorous loading; and Whereas, in enacting the Wetlands Conservation Act of 1991, the legislature wanted the state wetlands programs to be consistent with the Federal wetlands programs and therefore adopted by reference the exemption granted by Congress and embodied in the Clean Water Act. The legislature provided: "A replacement plan for wetlands is not required for activities exempted from federal regulation under 33 U.S.C. 1344(f) as in effect 1-1-91 title 33 U.S.0 1344 (f0) exempts "the maintenance of drainage ditches"; and WHEREAS, the Board of Water and Soil Resources has promulgated Rules 8420.0122 subd. 3A which, by its terms, makes maintenance of necessary drainage systems more cumbersome, difficult and expensive and Minnesota courts have held that they are "troubled by the potential inequity of requiring landowners to choose between forgoing the use of their lands and incurring considerable expense to replace wetlands", that the rule creates a "gap in legislation" which "in the interest of fairness, ought to be addressed by the legislature". (Hentges v. Minnesota Board of Water and Soil Resources, et. al., 638 N.W.2d 441 (Minn. App. 1992) ). NOW THEREFORE, the undersigned do hereby resolve that: 1. That in the interest of ensuring the practical maintenance of drainage systems, the protection and preservation of valuable, productive and scenic lands and in achieving consistency between federal and state wetlands laws, they support H.F. No.337 and S.F. No. 312, as introduced: 83'd Legislative Session (2003-2004), a copy of which is attached hereto, and encourage all elected officials to vigorously pursue its enactment into law at the earliest possible time.