Wetland replacement requirements modification

A bill for an act

relating to natural resources; modifying wetland replacement requirements;

amending Minnesota Statutes 2024, section 103G.222, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) Impacted wetlands outside of a greater than

80 percent area must not be replaced in a greater than 80 percent area. All wetland

replacement must follow this priority order:

(1) in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a

complete wetland banking application submitted to a local government unit by April 1,

1996, may be used to replace wetland impacts resulting from public transportation projects

statewide.

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(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement

by wetland banking begins at paragraph (a), clause (3), according to rules adopted under

section
103G.2242, subdivision 1
.

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(d)
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(c)
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When reasonable, practicable, and environmentally beneficial replacement

opportunities are not available in siting priorities listed in paragraph (a), the applicant may

seek opportunities at the next level.

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(e)
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(d)
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For the purposes of this section, "reasonable, practicable, and environmentally

beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require

minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in

perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are

important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing

technology, and logistics consistent with overall project purposes.

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(f)
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(e)
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Regulatory agencies, local government units, and other entities involved in wetland

restoration shall collaborate to identify potential replacement opportunities within their

jurisdictional areas.

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(g)
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(f)
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The board must establish wetland-replacement ratios and wetland bank service

area priorities to implement the siting and targeting of wetland replacement and encourage

the use of high priority areas for wetland replacement.

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(h)
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(g)
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Wetland replacement sites identified in accordance with the priority order for

replacement siting in paragraph (a) as part of the completion of an adequate environmental

impact statement may be approved for a replacement plan under section
93.481
,
103G.2242
,

or
103G.2243
without further modification related to the priority order, notwithstanding

availability of new mitigation sites or availability of credits after completion of an adequate

environmental impact statement. Wetland-replacement-plan applications must be submitted

within one year of the adequacy determination of the environmental impact statement to be

eligible for approval under this paragraph.