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JUL-21-2003 16�14 MINNEHAHA CREEK WATERSHED 6124710682 P.12/12
<br /> compl�ted by the specified date,the enforcement officer should issue a written warning
<br /> to the landowner or responsible party for failure to comply with the restoration order(a
<br /> violation of Minnesota 5tatutes,section 103G.2372,and Minnesota Rules,section
<br /> 8420.0290)_A short but reasonable written campletion date extension should be issued
<br /> by enforcement along with the warning,with copies to the recipient, LGU,and SWCD. If
<br /> the required restoration, replacement,or application submittal is not completed after the
<br /> extended date,the enforcement officer should issue a citation.The enforcement officer
<br /> should always ask for court-ordered restoration or replacemenc along with an appropria[e
<br /> fine and jail time.
<br /> Deed recording
<br /> Minnesota Statutes,section 103G .2372,allows for the recordin�of delinquent restora-
<br /> tion or replacement orders:
<br /> Restvration or replacement orders may be recorded or filed In the office of the county
<br /> recorder or registrar of titles,as appropriate, in the county where the real property is
<br /> located; by the commissioner of natural resources,conservation officers, o�poace
<br /> officers as a deed restriction on the property that runs with the land and is binding on the
<br /> owners,successors,and assigns until the concliCions of the order are met or the order is
<br /> rescinded. Notwiihstanding soction 386.77,the agency shall pay the applicable filing fee
<br /> for any document filed under this section.
<br /> After-the-Fact replacement
<br /> Landowners and responsible parties seeking tA�eplace weclands after thoy have already
<br /> been impacted must now replace those wetlands at twice the normal replacement rstio
<br /> unless the lGU and the enforcement authority concur that it is not required.
<br /> Appeals
<br /> The terms and conditions of restoration and re�lacement orders may be sppeal�d to the
<br /> BWSR executive director if the recipient submits a written appeal request to the executive
<br /> director within 30 days of receipt of tho order. Implementation of the ordcr may be
<br /> delayad by BWSR until the appeal is resvlved.The appeal decision must be made by
<br /> BWSR within 6Q days.
<br /> Importa�references in statute and rule
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<br /> Subd. 1.Commissianer of naturat resources
<br /> The commissioner of natural resources,conservation ofFicers,and peace officers shall
<br /> enforce laws preserving and protecting wetlands and public waters.The commissioner of
<br /> natural resources,a conservation ofFicer,or a peace officer may issue a cesse and desist
<br /> order Yo stop any illegal activity adversely affecting a wetland or public waters.In the
<br /> order,or by separate order,the commissioner,conservation officer, or peace officer may
<br /> require restoration or replacement of the wetland or public waters,as determined by the
<br /> Iocal soil and water conservat�on district for wetlands and the commissioner of natural
<br /> resources for public waters. Restoration or replacement orders may be recorded or filed
<br /> in the office of tho county recorder or registrar of titles,as approprlate, in the county
<br /> where the real property is located by the commissioner of natural resources,conserva-
<br /> tion offlcers, or peace officers as a deed restriction on the properry that runs with the
<br /> W�t.lcr��d Goriscrr�fiori,9c�M�itrual/Apri/2003 p�,y`q�,t
<br /> TOTRL P.12
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