Minnesota Administrative Rules
Agency 183 - Water and Soil Resources Board
Chapter 8420 - WETLAND CONSERVATION
WETLAND PLANNING
Part 8420.0830 - LOCAL COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLANS
Universal Citation: MN Rules 8420.0830
Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1. Purpose and eligibility.
A. As an
alternative to the rules adopted under Minnesota Statutes, section
103G.2242,
subdivision 1, and the public value criteria established or approved under
Minnesota Statutes, section
103B.3355,
a comprehensive wetland protection and management plan may be developed by a
local government unit, or one or more local government units operating under a
joint powers agreement, provided that the requirements of this part are met.
This part provides minimum standards. Local government units may require
equivalent or more stringent standards and procedures for wetland conservation,
but not less stringent standards and procedures.
B. The ultimate goal of a comprehensive
wetland protection and management plan is to maintain and improve the quality,
quantity, and biological diversity of wetland resources within watersheds
through the prioritization of existing wetlands and the strategic selection of
replacement sites. The purpose of developing a plan is to provide a watershed
and ecosystem-based framework to make wetland impact and replacement decisions
that meet state standards and locally identified goals and support the
sustainability or improvement of wetland resources in watersheds while
providing local flexibility as allowed under subpart
4.
C. Any local government unit opting to pursue
development of a plan and incorporating this chapter into local ordinance must
provide documentation to the board demonstrating local capacity to implement
the plan.
Subp. 2. Relationship to other plans.
To maximize effectiveness, the comprehensive wetland protection and management plan should be developed as part of, or in coordination with, other relevant local or regional plans and requirements. The plan should provide a mechanism for integrating local land use decisions with wetland ecosystem management goals at the watershed level.
Subp. 3. Plan area.
To the extent practical and feasible, the comprehensive wetland protection and management plan should be based on watershed boundaries. The size of watershed addressed should not be larger than is appropriate to ensure that the wetland resources provided through replacement will effectively compensate for approved impacts. For local governments with multiple watersheds, a separate analysis should be completed for each watershed substantially within the local government's jurisdiction. Local governments should consider joint planning efforts for those watersheds that cross political boundaries.
Subp. 4. Flexibility options under local plan.
The comprehensive wetland protection and management component of the local water plan may:
A. vary
application of the sequencing standards in part
8420.0520, for projects based on
the classification and criteria in the plan;
B. vary the replacement standards of part
8420.0522, subparts
3 to
9, and the actions eligible
for credit under part
8420.0526, based on the
classification and criteria in the plan, so long as there is no net loss of
public value within the area subject to the plan and so long as:
(1) in a 50 to 80 percent area, a minimum
acreage requirement of one acre of replaced wetland for each acre of impacted
wetland requiring replacement is met within the area subject to the plan;
and
(2) in a less than 50 percent
area, a minimum acreage requirement of two acres of replaced wetland for each
acre of impacted wetland requiring replacement is met within the area subject
to the plan;
C. in a
greater than 80 percent area, allow replacement credit, based on the
classification and criteria in the plan, for any project that increases the
public value of wetlands, including activities on adjacent upland
acres;
D. in a greater than 80
percent area, based on the classification and criteria in the plan, expand the
application of the exemptions in part
8420.0420, subpart
2, item B, to also include
nonagricultural land, provided there is no net loss of wetland value;
E. prescribe standards for size and location
of replacement wetlands by establishing type requirements, size and ratio
requirements, functional quality requirements, location requirements, and
criteria for wetland mitigation fee in lieu of direct replacement. Requirements
for replacement must have a direct relationship with wetland classification as
defined in the plan and must result in no net loss of wetland quantity,
quality, and biological diversity over the life of the plan; and
F. allow exemptions based on ordinance or
rule standards, eligibility criteria, and processes that are not less
restrictive than the requirements in parts
8420.0320 and
8420.0420 based on wetland
classifications as defined in the plan.
Subp. 5. Plan content.
A. The comprehensive wetland protection and
management plan must include the establishment of watershed goals based on an
analysis of the existing ecological conditions of the plan area and the
development of corresponding goals for maintaining and improving those
conditions. The ecological condition of the plan area should be based on
inventories of historic and existing wetland resources, including
identification of degraded wetlands, existing high-quality wetlands, and
immediate and long-term resource needs within the plan area. The analysis may
be completed as part of the comprehensive wetland protection and management
plan or adopted from a relevant local or regional water plan, if one
exists.
B. The plan may provide for
the classification of wetlands in the plan area based on:
(1) an inventory of existing wetlands in the
plan area;
(2) an assessment of the
wetland functions listed in part
8420.0522, subpart
1, using a methodology chosen
by the technical evaluation panel and based on one of the methodologies
established or approved by the board;
(3) landscape position, adjacent habitats or
buffers, connectivity with or between important resources, projected land use,
and other watershed-scale criteria; and
(4) the resulting public value.
C. The plan must include an
inventory and prioritization of replacement sites based on an analysis of the
types and locations of replacement projects that will provide the desired
wetland functions, benefit the watershed from a landscape perspective, and best
offset losses of public value caused by approved impacts. The goal of the
analysis is to provide a framework from which replacement actions and locations
will provide the greatest value to the public based on the ecological needs of
the watershed. Priority should be given to naturally self-sustaining
replacement that best achieves watershed goals and improves the ecological
condition of the watershed. The plan must include strategies for the promotion
and establishment of high-priority replacement sites that best meet the goals
of the plan.
D. Comprehensive
wetland protection and management plans developed as part of county, watershed
district, or watershed management organization plan may identify those areas
that qualify as high-priority areas for wetland preservation, enhancement,
restoration, and establishment according to part
8420.0835.
E. The plan must include a provision for
periodic assessment of the effectiveness of the plan, and the local government
unit's implementation of it, in achieving plan goals. Updates to previously
approved plans must include an analysis of the effectiveness of the previous
plan, including the identification of barriers to achieving identified goals
and development of strategies to overcome them.
F. The plan must specify the period covered
by the plan, which must extend at least five years but not more than ten years
from the date the board approves the plan.
Subp. 6. Plan development and review process.
A. A notice of intent to plan
must be sent, at the beginning of the planning process, to the technical
evaluation panel, the Department of Natural Resources, the Department of
Agriculture, the Pollution Control Agency, watershed management organizations
within the plan area, local government units within and adjacent to the plan
area, and the St. Paul district office of the United States Army Corps of
Engineers with an invitation to actively participate in the development of the
plan. The notice should also include a general description of the planning
effort, the planning area, and an anticipated timeline.
B. The technical evaluation panel must be
consulted in all components of plan and ordinance development, including
conducting wetland functional assessments, establishing wetland management
classifications and standards, prioritizing replacement sites, and identifying
local reference standard wetlands.
C. The local government unit must implement a
process for notifying and involving local citizens in the development of the
plan and determination of local value. Local citizen involvement may include
the formation of a citizen's advisory committee or utilization of other
existing citizen groups.
D. Upon
completion, the local government unit must submit the draft comprehensive
wetland protection and management plan and ordinance or rule for a 60-day
review and comment period to those required to receive notice under item A. The
local government unit must respond in writing, within 30 days of the end of the
review period, to any comments received during the review period.
E. The local government unit must conduct a
public hearing on the plan no sooner than 30 days after the end of the 60-day
review period but before submitting the final draft plan to the board for
approval.
F. After conducting the
public hearing but before final adoption, the local government unit must submit
the plan and ordinance or rule, all written comments received, a record of the
public hearing, and a summary of responses to comments and changes incorporated
as a result of the review process to the board for review under subpart
7.
G. An organization that is invited to
participate in the development of the draft local plan, but declines to do so
or fails to participate or to provide written comments during the local review
process, waives the right during the review under item D to submit comments,
except comments concerning consistency of the plan with laws and rules
administered by that agency. In determining the merit of an agency comment, the
board must consider the involvement of the agency in the development of the
local plan.
H. Except as otherwise
provided for in this part, all other requirements relating to development of
the plan must be consistent with the local water plan processes under Minnesota
Statutes, section
103B.231,
103B.311,
or
103D.401.
A plan developed as part of a local water management plan may follow the review
and approval process applicable to the local water management plan instead of
the review and approval process under items D to F.
Subp. 7. Board decision; mediation; judicial review.
A. The board shall
make a decision to approve or disapprove a comprehensive wetland protection and
management plan within 60 days of receipt of a complete and final draft of the
plan and ordinance or rule as required in subpart
6, item F. The board may
disapprove all or parts of the plan if the board determines the plan does not
meet the requirements of this part. If the board has not made a decision within
60 days of receipt of the final plan, the plan is deemed approved. The 60-day
period may be extended upon mutual agreement of the board and the local
government unit.
B. In its review
of a plan, the board must advise the local government unit of those elements of
the plan that are more restrictive than this chapter and the act.
C. If the board disagrees with the plan or
any elements of the plan, the board shall, in writing, notify the local
government unit of the plan deficiencies and suggested changes. The board must
include in the response to the local government unit the scientific
justification, if applicable, for the board's concerns with the plan. Upon
receipt of the board's concerns with the plan, the local government unit has 60
days to revise the plan and resubmit the plan to the board for reconsideration,
or the local government unit may request a hearing before the board. The board
must hold a hearing within the boundaries of the jurisdiction of the local
government within 60 days of the request for hearing. After the hearing, the
board must, within 60 days, prepare a report of its decision and inform the
local government unit.
D. If, after
the hearing, the board and local government unit disagree on the plan, the
board must, within 60 days, initiate mediation through a neutral party. If the
board and local government unit agree in writing not to use mediation or the
mediation does not result in a resolution of the differences between the
parties, then the board may commence a declaratory judgment action in the
district court of the county where the local government unit is located. If the
board does not commence a declaratory judgment action within the applicable
60-day period, the plan is deemed approved.
E. The declaratory judgment action must be
commenced within 60 days after the date of the written agreement not to use
mediation or 60 days after conclusion of the mediation. If the board commences
a declaratory judgment action, the district court must review the board's
record of decision and the record of decision of the local government unit. The
district court must affirm the plan if it meets the requirements of this
part.
Subp. 8. Effective date and amendments.
A.
The comprehensive wetland protection and management plan is effective after
approval by the board as provided in subpart
7 and after adoption of the
plan into the official controls of the local government unit.
B. Comprehensive wetland protection and
management plans remain in effect according to subpart
5, item F, unless revised
according to subpart
6 and approved by the board.
Plans that contain revision dates inconsistent with this part must comply with
the plan's date if the date is not more than ten years beyond the date of board
approval. An extension of the revision date of the plan may be granted by the
board.
C. All amendments to the
adopted plan and ordinance are effective upon completion of the same process
required for the original plan, except when the proposed amendments constitute
minor amendments and:
(1) a public hearing has
been held to explain the amendments;
(2) the local government unit has sent copies
of the amendments to those required to receive notice under subpart
6; and
(3) the board has either agreed that the
amendments are minor or failed to act within 60 days of receipt of the
amendments.
D. For the
purposes of this subpart, "minor amendments" include clarifications, updates to
wetland or replacement site inventories, and other changes that do not
substantially alter the standards of the approved plan and ordinance or rule,
as determined by the board. Amendments required to bring the plan into
conformance with revisions to this chapter are also considered minor.
Subp. 9. Implementation.
A. The
comprehensive wetland protection and management plan must be implemented by
ordinance as part of the local government unit's official controls under
Minnesota Statutes, chapter 394, for a county; Minnesota Statutes, chapter 462,
for a city; and Minnesota Statutes, chapter 366, for a town and by rules
adopted under Minnesota Statutes, chapter 103D, for a watershed district; and
Minnesota Statutes, chapter 103B, for a watershed management
organization.
B. After board
approval and local government adoption, decisions made to implement this
chapter and the act must be made according to the plan and ordinance or
rule.
C. Noticing, appeals, and all
other administrative processes under a local plan must follow the requirements
of this chapter.
Subp. 10. Reporting.
In addition to and as part of the reporting requirements of part 8420.0200, subpart 2, item I, a local government unit with an approved and adopted comprehensive wetland management plan must annually provide information to the board regarding activities that vary from this chapter, this part notwithstanding, and documenting compliance with the minimum plan standards developed according to subpart 4. Failure to provide this information on an annual basis may subject the local government unit to penalties under part 8420.0200, subpart 3.
Statutory Authority: MS s 103G.2242
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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