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incidental wetland, as defined in the WCA, do not require a permit under this rule. Wetland replacement, where permitted, shall comply with section 3, Wetland Replacement, of this rule. (b)A permit is required from the District pursuant to the excavation and buffer provisions in sections 4, Excavation, and 5, Buffer, of this rule,which are adopted under the District's watershed law authority and apply whether or not the District is the WCA local government unit. Pursuant to this authority and section 4, Excavation,the District requires a permit for excavation in any type of wetland, except where specifically exempted by the WCA or when the work meets no-loss criteria under the WCA. No permit under this rule is required for excavation in an incidental wetland, as defined in the WCA. 3. WETLAND REPLACEMENT. (a) Project-specific replacement wetland must be sited in the following order of priority, which replaces the siting priarity in Minnesota Rules section 8420.0522, subpart 7, as it may be amended: (1)On site; (2)Within the same subwatershed as the affected wetland(see Appendix 1); (3) In the Minnehaha Creek watershed; (4) In the same eight-digit Hydrologic Unit Code watershed. (b) Pursuant to Minnesota Rules section 8420.0522,subp.7, as it may be amended,when reasonable, practical and environmentally beneficia] replacement opportunities are not available in a siting priority area in subsection 3(a), providing replacement priority areas,the applicant may seek opportunities at the next level. When neither replacement opportunities nor privately banked credits are available in any priority area, the applicant may comply with this section through the purchase of banked credits from the District at the cost to the District to establish credits, so long as the District has determined that sufficient credits are available. 4. EXCAVATION. Excavation in wetlands is subject to the following requirements. (a) Excavation is governed by the substantive and procedural standards, criteria and requirements set forth in the WCA, as amended, and the rules implementing the WCA as set forth in Minnesota Rules chapter 8420, as amended, including all exemptions, with the exception that replacement for excavation not subject to the WCA shall be at the ratio of 2:1. Excavation in incidental wetland is not subject to the requirements of this section. The priority siting requirements of section 3 of this rule, Wetland Replacement, apply to replacement of excavated wetland under this section. (b) Excavation of a wetland performed for public benefit, including excavation to remove or control invasive species, shall be deemed self-replacing if the applicant demonstrates that the wetland to be excavated is degraded; the proposed activity would increase the wetland's function and value,as determined using the current version of the Minnesota Routine Assessment Method or other method approved by the District; and the enhanced wetland function and value are likely to be preserved. Excavation must not result in a change of wetland type, unless the applicant demonstrates that public benefit is not obtainable absent such impact. 2