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JUL-21-2003 16� 12 MINNEHAHR CREEK WATERSHED 6124710682 P.07i12 1 A. outside Che seven-covnty metropolitan area, the 2 local government unit ie the county or city in which the drain 3 or fill ��tivity is located, os its delegate. 4 B_ In Che seven-�ouriCy metropolitan area, the local 5 government unit is the city, town, or w�ter munagement 6 organization regulating surface-water-related marter.5 in the 7 area in which thc drain or fill activity is loca�ed, or its S delegate. The watershed management plan adopted und2r M�nneSOt� 9 Statutes, �cqtion 103B.231, and r�lated board rule5 will 10 norm�lly indica�e Ctle a�progriaLe loc�l governm�nt unit. 11 Lacking an indication, rhe local goverrunent unit must be the 12 city, town, or its delegate. 1.3 C. �f, the aCtivil:y in a w�tland xs �ocated in two 14 iurisdictions, the loce�l government unit is the one exercising 15 zoning authori.ty over i:he groj�ct or. .a.f botk� have zoning 1G auchority, [he one in which most of the wetland loss will 17 occur. If na zoning permit� ar� required, [he local govern��enC 16 unit is the on� in which most of [h� wetland loss will occur. 19 If an aetivity will affect wetlancls in more than one local 20 government unit, the board will coordinate the project review to 21 ensure consistency and consensus among the local government 22 units involved. 23 D. In those case5 where an activiCy wil,l occur on 24 state land, the local government unit is the state agency, or 25 the agency�s designee, with administrative responsibility for 26 that land. 27 The b0ard will resolve all quEstions as to which goverrunent 28 enti,ty is thP responsible authority, applying the guidelines in 29 items A Ca D_ 30 N'otwithstanding item: A to D, the Department of Natuz•al 31 Resources sha11 be the apprvvinc� authority for aCCiviL-ies 32 associated with project� requiring permit•s to mine under 33 Minnesota Statutes, section 93.481, and Lor projeats affecting 34 calcareous fens. 3S Subp. 2, Local governmant unit duties. 36 A. A loCal govenunent unit must provide knowledgeable 3% and trained s�aff to manage thc program or secure a qualified 38 delegate. Otherwise, Che board may rleclare a moratorium as 39 pre�cribed in part 842Q.0260 or tak� other appropriate 1ega1 40 action to assure pro�er implementation and compliance with this 41 chapte�. The board may establish standards and rec;uirements for. 42 training, experi�nce, and certitication. 43 8. The local government unit may place the decision 49 authority Eor er.cmption, no-lo:,s, wetland boundary and type, 45 replacement plan, and wetland bankzng deCerininatiqns with local 46 government unit. staFF accordir�g to procedures it establishes. 47 For final determiaaCions made by staff, the local government 48 unit must estiablish a local appeal process that includes a 49 public hearing before �ppointed or ol�eted officials, 50 C. The local goverrunenC unit and soil and water 51 conservation district may Charc�e proeessing fees in amounts not 52 greater than are neCe9aaz'y Co cover thc rcas�nable cost� of 53 implementing this chapter and for technical and administrative 54 as�istance to lanclowners ia proCessing pthcr applieations for 55 projects affecting wetldnds. 56 STAT AL1TH: MS s 14.06; 103B.101; 1D3H.3355; 103G.2242 57 HIST: 18 SR 274; 22 SR 1677; 25 SR 152; 27 SR 135 5S 59 8�20_D210 EXENlPTION DETERMINATIONS. 60 A landowner intending to dr�in ox� L-ill a wctland withou� fil replacement, claimi,ng exemption under part 8420.0122, may 62 contact the local goveCrunent unit beforo beginning draining or 63 filling activities for determination whether or not the activity 64 is exempt. A landoWne:C who does not request a determination may