11-25-1991 Council Packet - Laserfiche WebLink

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I # The oommissjonar of the Department of Natural Resources (DNR) is responsible for enforcement * of the act Although conservation officers are primarily responsible for this enforcement, other peace officers will assist the DNR. • Exemptions include: * the proposed activity is in a wetland sut^ect to federal farm program Swampbuster require* * the wetland has a cropping history or was in 'set aside* six of 10 years prior to Jan. 1,1991; * the activity is in a wetland that was enrolled in the federal Conservation Reserve Program, was cropped six out of 10 years prior to enrollment, and has not been restored with public or private assistance; * the activity Is In a wetland that has received a commenced determination by the Agricultural Stab izat ion arxi Conservation Service (ASCS); * the activity is In a type 1 wetiarxl on agricultural land, except for bottomland hardwood type 1 wettarxls; * the activity is in a type 2 wetland that is two acres or less located on agricultural land; * the activity Is in a wetland created solely as a result of beaver dam construction, or blockage of culverts through public or private roads; * the activity is necessary to re^ and maintain public or private drainage systems, as long as wetlan ds that have been in existence for more than 20 years are not drained; * the activity is related to development projects and ditch improvement projects that have received at least preliminary approval within five years before Aug. 1,1991; * certain activities related to Co^. of Engineer permits, forest management, aquaculture, wild rice production, and routine maintenance of highways, streets and utilities. • Larxlowners proposing nonexempt activities have these options: * The landowner arxl the LQU can agree that the landowner will replace the wetland within one year of the effective date of the rules governing the permanent program and that the repiacemant wM abide by those rules. (The rules will be effective about Jutyl, 1993.) The landowner can replace the wetland acre for acre (at a 2:1 ratio for norvagriculturalwetlyids andata1:1 ratio for agriculturaiwetiands) and type for type before or during the wetland activity. If the rep la cement is required by a permitting authority otlier than the LGU, the LGU may defer to that rep la cement plan, providing that the replacement requirements are at least 1:1 (ag) and 2:1 (non-ag). • The LGU must establish a technical evaluation panel. The panel is responsible for making wetland deineatlona . resolving questions concerning exemptions and providing guidance on replacement plans. The LGU approves the replaoement plans. ^ statute, this panel consists of a professional employee of the SWCD, a BWSR employee and an engineer from the LGU. (The panelists may add other members from the pubKc or private sectors to provide additional expertise.) •The legislature appropriated funds to SWCDs to serve as an information clearinghouse about the act and to provide training to local officials. ■ .1. ■ :::■■ :l.