Scope of Exemptions
- None of the exemptions apply to calcareous fens as identified
by the DNR commissioner.
- An activity is exempt if it qualifies for any
one exemption (even if indicated as not exempt under a different exemption).
- An activity is exempt if it qualifies for any one exemption
(even if indicated as not exempt under a different exemption).
- Exemptions cannot be combined on a project.
- Wetlands cannot be partially drained, excavated, or
filled in order to claim and exemption or no-loss determination on the
remainder.
- Wetlands drained or filled without replacement under
an exemption in part 8420.0122, subparts 1 and 2 item B cannot be used
other than as agricultural land for 10 years after draining or filling,
unless first replaced. At the time of draining or filling, the landowner
shall record a notice of restrictions at the office of the county recorder
for the county in which the project is located.
- Wetlands may not be altered through draining or filling
in order to claim an exemption on the remainder of the basin that would
not have applied to the original basin.
- No exemptions apply to wetlands that have been previously
restored or created for an approved replacement plan.
- Persons conducting an exempt activity in a wetland shall
ensure that appropriate erosion control measures are taken to prevent
sedimentation of waters, the activity does not block fish activity in
a watercourse, the activity complies with all other local, state and federal
requirements including best management practices and water resource protection
requirements of MN Statute chapter 103H.
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