06.02A Wetland Conservation Act - Administration

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� � � � Office of the Revisor of Statutes � Minnesota Administrative Rules Authenticate p &i20.0200 DETERMINING LOCAL GOVERNMENT UMT;DUTIES. � Subpart 1. Determining local government uoit The(ocal govemment unit responsible for making decisions mast be determined according to items A to J. A. Outside the seven-county motropolitan area,the locai government unit is the county or city in which the activity is located,or its delega[e. B. In the see en-county metropoliten area,the local government unit is the city,town,or water management otganization regulating surface-water-related mauers in the ar�a in which the activity is located,or its delegate.The watershed management plan adopted under Minnesota Statutes,section I 03B•23 I,and related board roles will normally indicate tt�e appropriate local govemment unit,Lacking an indication,the local govemment unit must be the city,town,or ics delegate. C. For aceivities on state land,the local govemment unit is the state agency,or the agency's designee,with administrative responsibility for that land.However,state agencies must coordinate with local government units that vaould othenvise have jurisdiction,according W items A and B,when conducting or making decisions on activities in wetiands. D. Notwithstanding items A to G,the Dspartment of Natwal Resourecs is the approving authority for activ9ties associated with projects requiring permits to mine under Minnesota Statutes,secGon 93_481,and for projects affecting calcar�ous fens. E. Implementadon of this chapter and the act may be delegated from a county,city,or Wwn,as applicable according to item A or B,to a soil and water conservation district or other govemmental entity by the passage of resolutions by both parties.The delegation becomes effective when resolutions have been passed by both parties,or on the date specified in the resolutions,whichever is later.Both parties must provide nodce to the board,ihe commissianer,and the soil and water conservation district within 15 business days of adoption of the resolution.The nodce must include a copy of the resolution and a description of the applicable geographic area F. If the activiry is located in rivo jurisdictions,the lacal govemment unit is the ane exercising zoning authority over the project or,if both have zoning authority,the one in which most of the wetland impacts will occur.If no wning permits are required,the local govemment unit is the one io which most of the wetlartd impacts wilI occur:If an activity will affect wetlands in more than one local govemment unit, the board may coordinate the project review to ensure cons'�stency and consensus among the local government units involved.Local govcrnmont units may maintain separate jurisdiction ifmutually agreed upon. G. For a replacement site located in more than one jurisdiction,the local government unit is the one in which most of thc replacement wetland area occurs. H. For replacement plans where the project-specific replacement will occur in a difFerent local government unit than the impact,approval of ail local government units involved or as spacified in items A ta G const�tutes final appmval of the replacement plan and is required before the project may proceed.The local government unit w•ith jurisdiction for the impact site must approve all components of the replacemenk plan,follo�ving the procadures required by this chapter.The local government unit with jurisdiction for the replacement site must limit the review to evaluation of the replacement site and make a decision aceorciingly.As part of the approval of thc replacement plan,the local government unit w�ith jurisdietion for the replacement site assumes responsibility for ensuring compliance�vith monitoring provisions according to parts 48 20.0800 to 8-�20.082Q.7'he local government unit with jurisdiction for the replacement site may enter into joint powers agreements�vith a local govemment unit with jurisdicdon for the impact site,assess fees,or develop other procedures considered necessary to facilitate the process. I. For instances where the activity or replac�ment occurs in multiple jurisdictions,the local government unit with decision-making authority must coordinate with the other local govemment units. J. The board shall resolve all questions as to which govemment entity is the responsible authority,applying the guidetines in items A to[. Subp.2. Local goverement anit dudes. A. Local govemment units are responsible for making decisions on applications made under this chapter.Each loca!govemment unit of the state,except tribal lands and state agencies,must send a written acknowledgment,includiag a copy of the adopting resolution,to the board that it is assuming its responsibilities under this chapter and the act.