2004.05.03 ORD 2004-386, 387, 388

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RULE F WETLAND ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands. (b) Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands. (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands. (d) Replace wetland values where avoidance of activity is not feasible and prudent. 2. REGULATION. No person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District. 3. CRITERIA. (a) The Minnesota Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules chapter 8420, as amended, are incorporated as part of this rule and govern draining or filling of wetlands within the District. (b) Excavations in wetlands for the purposes of wildlife enhancement must comply with the criteria described in the General Design Consideration for Wildlife Pond Construction and Wetland Alterations, included in the appendix of these rules. (c) Wetlands may be used for stormwater storage and treatment only if applicant demonstrates that the excavation will not adversely affect the function and values of the wetland, and will not substantially increase sediment load, tributary area, or water level fluctuations. The District will use the MPCA report, Guidance for Evaluating Urban Stormwater and Snowmelt Runoff Impacts to Wetlands to assist it in evaluating potential impacts. (d) Other activities which would change the character of a wetland must demonstrate that the quantity, quality and biological diversity of the wetland will not be diminished, as evaluated using a wetlands functions and values assessment system. (e) For wetland alterations not regulated by WCA, functions and values diminished as a result of the alteration, must be replaced at a ratio of one-to-one. 4. LOCAL GOVERNMENT UNIT. The District intends to serve as the "local government unit" for administration of the Minnesota Wetland Conservation Act, unless a particular municipality in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule. 5. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11"X17."