11-25-1991 Council Packet - Laserfiche WebLink

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«. •The Wetland Conservation Act of 1991: the l.V’th V Interim Program Th»MlnnmotaBoanfatW$mran(/SoaR*$ourc»s (BWSR)lsttfsiat9atimlnlstmav^g9ncyforthe Wetland Conserva- MnteentedSeclidlDtfwBWSa 612-296^797, or i-90oia-9747. TTie regulatory provisions of the Wetland Conservation Act take place in two phases. The first phase is an interim program prohibiting wetland alteration that begins Jan. 1.1992. and lasts through July 1,1993. After July 1,1993, a permanent program begins. The programs provide exemptions and also alkjw landowners to "replace ” wetlands through an approved replacement plan. So what exactly does the Wetland Conservation Act mean for locai governments and landowners? And when do their responsibilities begin? BtlwMn now and Jan. 1,1992. • Local government units (LGUs) must decide which LGU will administer the interim provisions of the act (BWSR is available to facilitate this discussion between LGUs.) Although soil and water conservation districts (SWCDs) or any LGU with permitting authority can administer the interim provision s , the permanent program is more restrictive: only counties and cities can administer the permanent program in Greater Minnesota, and ortly cities, townships and water management organizations can administer the permanent program in the Metro Area. It seems logical to consider gl'^ responsibility fbr the interim program to the LGU that will ultimately administer the permanent program. • The designated LGU should notify the BWSR that they have accepted responsibility for administering the act If nc LGU takes responsibility fOr the program, landowners with nonexempt wetlands will be prohtolled from alteririg them. Moreover, since the BWSR will not assume local administration of the program, landowners will have no orre to determine exemptions or approve replacement plans. eThe BWSR wi develop administrative guidelines fbr the interim program. After Nov. 11.1991. a copy of theguidelines may be obtained from the BWSR (612-296-3767). The guidelines will be open to written comment until Dec. 6. 1991. The comments and adoption of the guidelines will be considered at the Dec. 18.1991. meeting of the BWSR. AftorJan. 1,1992. e After consultatfon with the Wetland Heritage Advisory Committee (a nine-member committee consisting of the commissioners of agriculture arxl natural resources, and se^'en others appointed by the goverrKir), rule making fbr the permanerrt program will begin. • The BWSR will provide training to LGUs concerning the interim program. • The BWSR arxf LGUs will work together to let landowners know that they must get approval from the LGU befbre altering a wetland. #The LGU must decide if a wetland activity is exempt; if it Is. the LGU might want to consider issuing a "certlffcate of exemption.* Although this certificate is not required, it will help the landowner quickly explain the wetland's status to enfbrcement ofRctals. I ____