Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Scope.
A. The
actions in this part are eligible for replacement credit as determined by the
local government unit in parts
8420.0500 to
8420.0820. Sufficient information
to determine eligibility and credit must be provided to the local government
unit as part of a replacement or banking plan application.
B. This part identifies the amount of credit
allowed for each action, however, the actual amount may be less as determined
by the local government unit. When the local government unit allows less
replacement credit than the amounts described in this part, the local
government unit must provide justification for the lower credit
allocation.
C. Subparts
3 to
7 require the incorporation
of buffer areas meeting the minimum requirements described in part
8420.0522, subpart
6.
D. Modification or conversion of nondegraded
wetlands from one wetland type to another by damming, diking, impounding, or
excavating does not constitute replacement credit. Restoration of wetlands
drained or filled in violation of this chapter is not eligible for replacement
credit. Wetlands impacted under an exemption may not be restored for
replacement credit for ten years after the impact.
Subp. 2.
Upland buffer areas.
A. Up to ten percent of the buffer area is
eligible for replacement credit for establishment or preservation of nonnative
vegetation and up to 25 percent of the buffer area is eligible for replacement
credit for establishment or preservation of native, noninvasive vegetation.
Establishing upland buffer around existing high value wetlands adjacent to the
replacement wetland is eligible for replacement credit only when the minimum
widths provided in part
8420.0522, subpart
6, are maintained and the
maximum buffer area under item B is not exceeded.
B. The area of buffer for which replacement
credit is granted under item A must not exceed the area of the replacement
wetland.
C. For buffer areas of
native, noninvasive vegetation, the local government unit may increase the
amount of credit to a maximum of 50 percent if the technical evaluation panel
finds that additional buffer will improve replacement wetland sustainability
and provide significant functional benefits. Buffers add to replacement wetland
sustainability and provide significant functional benefits when they:
(1) extend upstream in the watershed, provide
slope and soil stability, and otherwise protect and improve water
quality;
(2) protect valuable
native plant communities or habitats that could otherwise be lost or
degraded;
(3) provide important
habitat connections; or
(4)
otherwise substantially improve important wetland functions based on a
functional assessment and consideration of current and future adjacent land
use.
Subp. 3.
Restoration of completely drained or filled wetland areas.
Restoration of both the natural hydrology regime and native,
noninvasive vegetation on wetlands that have been completely drained or filled
is eligible for replacement credit in an amount up to 100 percent of the
wetland area hydrologically and vegetatively restored. To be eligible for
replacement credit, the vegetation establishment and management plan must set a
goal of restoring the historic native plant community typical of the wetland
being restored, or other plant community when the technical evaluation panel
determines that establishment of the historic native plant community is not
ecologically feasible.
Subp.
4.
Restoration of partially drained or filled wetland
areas.
Restoration of both the natural hydrology regime and native,
noninvasive vegetation of wetlands that have been degraded by prior drainage,
filling, or a diversion of the natural watershed is eligible for replacement
credit as follows:
A. any wetland area
substantially degraded by partial drainage or fill that was planted with
annually seeded crops, was in a crop rotation seeded to pasture grasses or
legumes, or was required to be set aside to receive price supports or
equivalent payments in at least ten of the last 20 years before the date of
application, is eligible for replacement credit in a percentage equivalent to
the percent of the time the wetland area was annually seeded, in rotation, or
set aside during the prior 20-year period; and
B. all other wetland areas substantially
degraded by partial drainage or fill are eligible for replacement credit of up
to 50 percent of the wetland area restored.
Subp. 5.
Vegetative restoration of
farmed wetlands.
Reestablishment of permanent native, noninvasive vegetative
cover on farmed wetland areas that have not been affected by prior drainage or
filling is eligible for replacement credit for:
A. up to 50 percent of the area restored for
wetland areas that were planted with annually seeded crops, were in a crop
rotation seeded to pasture grasses or legumes, or were required to be set aside
to receive price supports or equivalent payments in at least ten of the last 20
years before the date of application for a replacement or bank plan;
or
B. up to 90 percent of the area
restored for wetland areas in bank service areas 2, 3, and 4 in a percentage
equivalent to the percent of time the wetland areas were planted with annually
seeded crops, were in a crop rotation seeded to pasture grasses or legumes, or
were required to be set aside to receive price supports or equivalent payments
during the 20-year period prior to the date of application for a replacement or
bank plan.
Subp. 6.
Protection of wetlands previously restored via conservation
easements.
Permanently protecting wetlands previously restored or
created for conservation purposes under a contract or easement, when the
contract or easement has expired and gives the landowner the right to drain or
fill the wetland upon termination, is eligible for replacement credit where the
area receiving credit meets the replacement wetland construction standards of
part
8420.0528. The maximum replacement
credit is 75 percent of the area created or restored under the conservation
contract or easement. Alternatively, credit may be allocated according to the
other subparts in this part as applied prior to initiation of the contract or
easement, when the applicant can document eligible credit yield to the
satisfaction of the local government unit.
Subp. 7.
Wetland creations.
A. A wetland created in an upland area is
eligible for replacement credit in an amount up to 75 percent of the total
wetland area created.
B. A wetland
created due to mineral extraction activities is eligible for replacement credit
under this subpart only for those areas actively mined within ten years prior
to the application for credit.
C. A
wetland created as part of a water quality treatment system is eligible for
replacement credit under this subpart only if the wetland area receiving credit
is a functioning wetland designed for a maximum 24-inch rise in water level for
the ten-year critical storm event and treatment of runoff is provided before
discharge into the replacement wetland area according to part
8420.0528, subpart
2, item G. Any portions of
water quality treatment systems allowed for replacement are not eligible for
the exemptions in part
8420.0420 and are subject to the
replacement requirements under parts
8420.0500 to
8420.0544 and the monitoring
requirements under parts
8420.0800 to
8420.0820.
Subp. 8.
Restoration and protection of
exceptional natural resource value.
A.
Restoration and protection of calcareous fens, white cedar swamps, floodplain
or riparian wetlands and upland buffers, habitat corridors with other important
resources, wetlands adjacent to designated trout waters or other actions that
restore and protect wetlands and adjacent areas are eligible for replacement
credit when the action improves or directly contributes to the function and
sustainability of an exceptional natural resource. For purposes of this
subpart, exceptional natural resources are:
(1) habitat for state-listed endangered or
threatened species;
(2) rare native
plant communities;
(3) special fish
and wildlife resources, such as fish passage and spawning areas, colonial water
bird nesting colonies, migratory waterfowl concentration areas, deer wintering
areas, and wildlife travel corridors;
(4) sensitive surface waters; or
(5) other resources determined to be
exceptional by the technical evaluation panel based on the value relative to
other resources in the watershed or a board-approved plan.
B. Project eligibility and the allocation of
credit under this subpart is determined by the local government unit with
concurrence of the technical evaluation panel based on the qualification of the
resource as exceptional, the actions proposed, and the resulting contribution
to the value and sustainability of the exceptional resource. Areas receiving
credit must be protected by a permanent conservation easement, in a format
prescribed by the board, that is granted to and accepted by the
state.
Subp. 9.
Preservation of wetlands owned by the state or a local unit of
government.
In greater than 80 percent areas, up to 12.5 percent of
wetland areas and adjacent buffer owned by the state or a local unit of
government and protected by a permanent conservation easement is eligible for
replacement credit. The easement must be in a format prescribed by the board
and granted to and accepted by the board after approval of the replacement or
banking plan application. Replacement credit for wetland preservation may only
be granted after considering replacement as provided under subparts
3 to
8. To be eligible for credit
under this subpart, the technical evaluation panel must determine that there is
a high probability the wetland will be degraded or impacted and the
wetland:
A. contains or benefits an
exceptional resource identified in subpart
8;
B. is of a type or function that is rare,
difficult to replace, or of high value to the watershed;
C. contains a rare or declining plant
community; or
D. is of a type that
is not likely to regenerate, such as northern white cedar.
Subp. 10.
Replacement credit
conversion.
A. Replacement plans and
banking plans approved after August 10, 2009, must determine replacement credit
according to subparts
2 to
9. Public value credit that
has been deposited in the state wetland bank or approved as part of a banking
plan application before August 10, 2009, must be converted as follows:
(1) up to 100 percent replacement credit for
existing public value credit derived from activities within wetlands;
and
(2) up to 90 percent
replacement credit for existing public value credit derived from upland
buffers.
B. Previously
approved public value credit must be converted according to this subpart on
August 10, 2009, for deposited credits and at the time of deposit for future
deposits resulting from a previously approved banking plan.
Statutory Authority: MS s
103G.2242
