HomeMy WebLinkAbout2003.02.18 RESO 2003-0012RESOLUTION 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.
Resolution 2003-12
Page 2
WHEREUPON said resolution was declared passed and adopted this 1 e day of February 2003.
e
on, Mayor
ATTEST:
11Z0- G -
Mary Creager, City Cl
Minnesota
KEY:3eicass = old language to be removed
underscored = new language to be added
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3.F No. 312, = introdaad: 83rd Legisbative Session (2003-20" Posted on Feb 6, 2003
1.1 A bill for an act
1.2 -relating to wetlands; requiring the board of water and
1.3 soil resources to remove an unauthorized wetland
1.4 exeimption rule,
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. (RULE AMENDMENT; WETLAND DRAINAGE.)
1.7 (a) The board of water and.soil resources must not enforce
1.8 the following provision in,Minnesota Rules, .part 8420.0122,
1.9 subpart 3, item A: "This exemption does not apply to*a prosect
1.10 with the purpose of converting a wetland to a nonwetland, either
1.11 immediately or gradually, or converting the wetland to another
1.12 use, or when the fill will result in significant discernible
1.13 chanae.to the flow or circulation of water in the wetland, or
1.14 partly draining it, or reducing the wetland area."
1.15 (b) The board must amend Minnesota Rules, part 8420.0122,
1.16 subpart 3, item A, to delete the provision described in
1.17 paragraph (a). The board must comply with Minnesota Statutes,
1.18 section 14.388, clause (3), in adopting the amendment.
1.19 EZV1ZCTM DMM. ] This section is effective the day
1.20 following final enactment.
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KEY: staLakea - old language to be removed
underscored - new language to be added
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=&or underscored language.
8.F No. 337, as intredoeak 83rd L4&b &e Session (2003-N" Poded on Feb 6,2W3
A bill for an act
relating to wetlands; requiring the board of water and
soil resources to remove an unauthorized wetland
exemption rule.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:.
Section 1. [RULE AMENDMENT; WETLAND DRAINAGE.)
with the purpose of convertin a wetland to a nonwetland, either
immediately or gradually, or converting the -wetland to another
1.17 paragraph (a). The board must comply with Minnesota Statutes,
1.18 section 14.388, clause (3), in adopting the amendment.
1.19 EZFMW ' M DMM. ) This section is effective the day
1.20 following final enactment.
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