09-06-2013 - re: wetland delineation code interpretation

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DECISIONS AND APPEALS 103G.2242,Subd. 2a. Wetland boundary or type determination. (d)Appeals of decisions made by designated local government staff must be made to the local government unit. within 30 days from the date of the filing of the appeal. Effect of Change: This deletion removes a mandate for a localiappeatsprocess for decisions=made by designated local government staff. Now'aril designated staff decisions are final unlesS.the local government choosestto establish a°local appeals process'under the r wn'author y. Appeals go-,to BWSR when no local appeals pocess is establisAid 'Atuidance on local appeals Will be developed and ovided to IGUs. :t;iii1w f 'nt r.: kid (e)The local government unit decision is valid for three five years unless the Technical Evaluation Panel determines that natural or artificial changes to the hydrology,vegetation,or soils of the area have been sufficient to alter the wetland boundary or type. Effect of Change: Increasing the timeframe that decisions are valid provides consistency with federal wetland regulations, increased flexibility and simplification for landowners, and slight workload reductions for local,governments. .J 103G.2242, Subd. 9. Appeal Appeals to the board. (a)Appeal of a replacement plan, sequencing,exemption, wetland banking,wetland boundary or type determination, or no-loss decision,or..esteratien order may be obtained by mailing a petition and payment of a filing fee,which shall be retained by the board to defray administrative costs,to the board within 30 days after the postmarked date of the mailing or date of sending by electronic transmission specified in subdivision 7. If appeal is not sought within 30 days,the decision becomes final. If the petition for hearing is accepted,the amount posted must be returned to the petitioner. Appeal may be made by: (1)the wetland owner; (2) any of those to whom notice is required to be mailed or sent by electronic transmission under subdivision 7; or (3) 100 residents of the county in which a majority of the wetland is located. (b) Within 30 days after receiving a petition,the board shall decide whether to grant the petition and hear the appeal. The board shall grant the petition unless the board finds that: (1)the appeal is meritlesa without sufficient merit,trivial, or brought solely for the purposes of delay; (2)the petitioner has not exhausted all local administrative remedies; (3)expanded technical review is needed; (4)the local government unit's record is not adequate;or (5)the petitioner has not posted a letter of credit, cashier's check, or cash if required by the local government 6-21-11 BWSR Draft 5