Section 1 [Requirements] removes the requirement for a deed restriction for an altered wetland in a cultivated field under the Wetland Conservation Act (WCA). If a wetland in a cultivated field is replaced, a local government unit may require a deed restriction that prohibits agricultural use for at least ten years.
Section 2 [De Minimis] eliminates the requirement for a replacement plan for certain wetlands that are drained or filled. This section makes local ordinances controlling if they are more restrictive than the state’s requirements in Minnesota Statutes, section 103G.2241, subdivision 9.
Section 3 [Replacement Completion] authorizes the Board of Water and Soil Resources to establish a wetland banking program and permits the program to allow payment to the wetland bank for impacts to wetlands on agricultural land, for impacts that occur in greater than 80 percent areas, and for public road projects. This section requires the board to coordinate the wetland bank with the United States Army Corps of Engineers, the Natural Resources Conservation Service of the United States Department of Agriculture, and the Commissioners of Natural Resources, Agriculture, and the Pollution Control Agency.
Section 4 [Assumption of Section 404 of Federal Clean Water Act] permits the Board of Water and Soil Resources, in consultation with the Commissioners of Natural Resources, Agriculture, and the Pollution Control Agency, may adopt or amend rules establishing a program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United State Environmental Protection Agency to administer the permitting and wetland bank programs under federal law. The rules may not be more restrictive than the program under federal or state law.