Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Monitoring.
A.
Monitoring of wetland bank sites must conform to the monitoring requirements of
part
8420.0810. Failure to submit the
required monitoring reports or otherwise comply with monitoring requirements
will prevent the deposit of credits and may result in the freezing of the bank
account by the board until compliance is attained.
B. After completion of the required
monitoring period, the board shall periodically inspect wetlands deposited into
the bank at a frequency sufficient to ensure that easement conditions are being
met.
Subp. 2.
Maintenance responsibilities.
The fee owner and the banking applicant, if different from
the fee owner, are jointly and severally responsible for the success of the
banking project according to the approved banking plan and for maintaining the
banking project according to the conditions of the conservation easement. The
banking plan applicant, if different from the fee owner, is not responsible for
maintenance after the monitoring requirements have been completed if the
banking plan applicant no longer owns an easement interest in the real estate
or credits associated with the banked wetland.
Subp. 3.
Corrective actions.
A. If, during the monitoring period, the
local government unit or the technical evaluation panel determines that a bank
site does not meet the specifications in the approved banking plan, the local
government unit must require corrective actions and notify the board's banking
administrator. The board may restrict further deposits, withdrawals, and
transfers of all credits associated with the bank site until the local
government unit and the board, based on findings from the technical evaluation
panel, determine that the banking project has been brought into
compliance.
B. If, after the
monitoring period, the board determines that wetlands deposited into the bank
are not in compliance with the conditions of the conservation easement, the
board must require corrective actions of the fee owner or banking plan
applicant to bring the bank site into compliance with easement
conditions.
C. If satisfactory
remediation does not result under item A or B, the local government unit or the
board may undertake reconstruction work to bring the site into compliance.
Alternatively, when credits have not been withdrawn or transferred, the board
may vacate the conservation and access easement and close the account. The
board and local government unit may require reimbursement of reasonable costs
of bringing the site into compliance or vacating the conservation and access
easement.
D. Fee owners, banking
plan applicants, or account holders may appeal restrictions on credit deposits,
withdrawals, and transfers or demands for reimbursement of reconstruction costs
to the board.
E. Noncompliance with
easement conditions or impacts to bank sites are subject to enforcement under
part
8420.0900.
