Exemption Summaries:
Drainage
For purposes of this part, "public drainage system" means a drainage system as defined in Minnesota Statures, section 103E.005, Subd. 12, and any ditch or tile lawfully connected to the drainage system.
For purposes of this part, "public drainage system" means a drainage system as defined in Minnesota Statures, section 103E.005, Subd. 12, and any ditch or tile lawfully connected to the drainage system.
Contact your LGU or the Anoka Conservation District (ACD) for a more comprehensive description of the WCA exemptions to determine if your activity will meet all exemption requirement. Wetland replacement is generally not required for impacts to wetlands as follows.
- Type 1 wetlands, or up to 5 acres of type 2 or 6 wetlands, in unincorporated areas on land assessed drainage benefits for a public drainage system provided:
- Public drainage system maintenance and repair work that
does not drain, excavate or fill type 3, 4, and 5 wetlands that have existed
for more than 25 years approved by the public drainage authority.
- Nonpublic drainage system maintenance and repair work
that does not drain or fill wetlands that have existed for more than 25
years.
- Active public drainage system improvement projects with
valid final approval received between July 1, 1986 and July 1, 1991 provided
the impacts are limited to the extent approved.
- To prevent wetland drainage, the public drainage authority
may install control structures and dikes, realign the ditch, or make modifications.
- Wetlands of all types that would be drained as part of a public drainage repair project are eligible for the permanent wetlands preserve under Minnesota Statutes, section 103F.516.
~ During the 20 years ending 1/1/92: there was an expenditure from the drainage system account for the public drainage system; the public drainage systems was repaired or maintained as approved by the drainage authority; or no repair or maintenance was required under Minnesota Statute, section 103E.705, subd.1, as determined by the public drainage authority.
~The wetlands are not drained for conversion to: platted lots; planned unit, commercial or industrial development; any development with more than one residential unit per 40 acres.
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