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B. A local government unit must provide knowledgeable and trained staffwith expertise in water <br /> resource management to manage the program or secure a qualifed delegate.Othe�wise,the board may <br /> declare a moiatorium as prescribed in subpart 3 or take other appropriate legal action to ensure proper <br /> implementation and compliance with this chapter.The board may establish standards and requirements for <br /> training,experience,and certifiration. <br /> C. The local govemment unit may,d�rough resolution,rule,or ordinance,placo decision-making <br /> suthority with staff according to proc�dures it establishes.For final decisions made by staff,tha lceal <br /> government unit must establish a local appeal process that includes an evidentiary public hearing before <br /> appointed or elected of�icials. <br /> D. As provided for in part 8�20.02d0,technical questions conceming the public value,location, <br /> size,and type of w�edand must be submiued to the technical evaluation panol.The local government unit <br /> may use a technical evaluation panol to predetermine public value,location,size,or type of wetlands under <br /> its jurisdiction and use this determination in administering this chapter and the act <br /> E. An applicaiion must not be approved unless entidement thereto is established by a fair <br /> preponderance of the evidence.For each finding of fact and recommendation included in a written <br /> technical evaluation par�el report thaz is not adopted by the local govemment unit,the local government <br /> unit must provide detailed reasons for rejecting the finding of fact or recommendation in its record of <br /> decision;otherwise,the tocal government unit has not sufficiendy considered the technical evaluation panel <br /> report. <br /> F. in the absence of an application,the local govemment unit may evaluate information related to <br /> a potential activity upon the request of a landowner.The evaluation provided does not constitute a decision <br /> for the purposes of parts 8420 l 00 to S 20.0935, <br /> G. The local government unit must retain a record of all decisions for a minimum of ten y�ars <br /> after all applicable rcquirement�and conditions pertaining w the project are fu[filled. <br /> H. The local government unit and soil and a�ater conservation district may charge processing <br /> fees in amounts wt greater than are necessary to cover the reasonable costs of implementing this chapter <br /> and for technical and administrative assistance to landowners in processing other applications for projects <br /> affec6ng wedands. <br /> I. The local govemment unit must annually repart infortnation to the board reganling <br /> implementation of this chapter in a formaz and dmo period prescribed by the board.Failure to comply with <br /> the board's repor6ng requirementg may subject the local govemment to a penalty under subpart 3. <br /> Subp.3. Failnre to apply law <br /> A. If a loca.l govemment unit fails to aclaiowlcdge in writing its responsibilities under this <br /> chapter and the act,as required in subpart 2,the board must unpose,in the local govemment unit's <br /> jurisdicdon,a 60-day moratorium on maldng decisions and implemendng this chapter and the act The <br /> board must notify the local govemment unit in writing of the start and end dates of the moratoriutn.l`he <br /> board must end the maratoriwn within the 60 days upon written agreement by the local government unit <br /> that it will assume,and is currently capable of implementing,its duties under this chapter and the act.If at <br /> the end of the initia160-day moratorium a written agreement has not beeo made for the local govemment <br /> unit to apply the law,the board may eutend the moratorium until the local govornment unit agrees w apply <br /> the law. <br /> B. If the board has informaiion thaL a local govemment unit is not following this chapter or the <br /> act in making decisions;if the local government unit does not have knowledgeable and trairted staffwith <br /> experience in water resource management;or if the local government unit fails to comply with the board's <br /> reporting requirements,the board must notify the local government unit in writing of its concerns.The <br /> {ocal govemment unit mast respond in cvriting within 60 days of being notified by the board.If not satisfied <br /> with the local government unit's written respanse,ar none is received,the board must ask the local <br /> governm�nt unit to appear at a hearing before the board to discuss the matter.The board may irrvite <br /> comments from othcr local govemments or state and federal agcncies.Tf the board determines at the <br /> hearing that corrective action is necessary,the board must write the local government unit directing specific <br /> corrective action to occur within 60 days of receiving the board's decision.The notice must explain the <br /> reason for the action.If,after the 60-day period,the local govertunent unit has not corrected the problem to <br /> the satisfacdon of the board,the board must declare a moratorium as prescribed in item A or take other <br /> appropriate legal action to ensure compliance. <br /> C. When a moratorium is declared as prescribed in item A or B,a decision cannot be made on an <br /> application because a local government unit authorized to implement this chapter does not exist white the <br /> moratorium is in effec�An application pending a local government unit decision when a moratorium is <br /> declared must be returned by the local government unit to the applicant within 15 business days of the <br /> moratorium being placed in effect An application submitted while a moratorium is in effect must be <br />