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A mciAitgArr <br /> 2011 WCA STATUTE CHANGES <br /> Summary of Key Changes with Explanations -Effective August 1,2011 <br /> WETLAND BANKING <br /> 103G.005, Subd. 10e. Local government unit. "Local government unit" means: <br /> (1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a <br /> soil and water conservation district or their delegate; <br /> (2) in the seven-county metropolitan area, a city council, a town board under section 368.01, a <br /> watershed management organization under section 103B.211, or a soil and water conservation district or <br /> their delegate; and <br /> (3) on state land, the agency with administrative responsibility for the land; and <br /> (4)for wetland banking projects established solely for replacing wetland impacts under a permit to mine under <br /> section 93.481,the commissioner of natural resources. <br /> Effect of Change: This change establishes the DNR as an LGU responsible for implementing the WCA <br /> wetland banking provisions only for projects that will be used exclusively to replace wetland impacts <br /> occurring under a permit to mine. This will increase flexibility for the DNR and mining companies in <br /> complying with WCA replacement requirements, while increasing transparency for local governments <br /> and other interested parties when banking is proposed to mitigate mine related wetland impacts. <br /> 103G.2242, Subd. 14. Fees established. (a)Fees must be assessed for managing wetland bank accounts and <br /> transactions as follows: <br /> (1) account maintenance annual fee: one percent of the value of credits not to exceed$500; <br /> (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to exceed$1,000 per <br /> establishment, deposit, or transfer; and <br /> (3)withdrawal fee: 6.5 percent of the value of credits withdrawn. <br /> (b)The board may establish fees at or below the amounts in paragraph(a)for single-user or other dedicated <br /> wetland banking accounts. <br /> (c)Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, <br /> subd. 10,paragraph(e),clause(4)are limited to establishment of a wetland banking account and are assessed at <br /> the rate of 6.5 percent of the value of the credits not to exceed$1,000. <br /> Effect of Change: Allowing BWSR to establish fees less than those otherwise required recognizes that <br /> certain special account types, specifically including those established per 103G.005, Subd. 10(e) above, <br /> may have reduced administrative costs associated with them due to their nature and operation, and <br /> thus a reduced fee can be appropriate. BWSR's fee structure will be adjusted accordingly for banking <br /> projects approved for mining. Any other reduced fees would be established via board policy. <br /> 6-21-11 BWSR Draft 1 <br />