Minimization
If the LGU determines that wetland impacts are unavoidable, you must then demonstrate that the project minimizes wetland impacts. The LGU will determine if sufficient effort was made to minimize impacts by considering:
- spatial requirements of the project,
- location of existing structural or natural features
that may dictate the placement or configuration of the project,
- the purpose of the project and how the purpose relates
to the placement, configuration or density,
- sensitivity of the site design to the natural features
of the site, including topography, hydrology, and existing vegetation,
- the value, function and spatial distribution of wetlands
on the site,
- an applicants efforts to :
- modify the size, scope, configuration or density of
the project,
- remove or accommodate site constraints including zoning,
infrastructure, access or natural features; or
- otherwise minimize impacts.
If the LGU finds that the applicant has not complied with the requirements to minimize wetland impacts, the LGU will list in writing its objections to the project. The applicant has 30 days to respond to the LGU's comments, at which time the objections constitute a denial.
Temporary Impacts
Temporary impacts may be approved by the LGU if the activity is completed and the physical characteristics of the wetland are restored within six months from the start of the activity. A performance bond would need to be provided to the LGU for an amount sufficient to cover the cost of restoring the wetland to pre-project conditions.
Reduction or Elimination of Impacts Over Time
Further impacts from draining or filling must be reduced or eliminated by managing the project in a manner that preserves remaining wetland functions and values. The LGU must require the applicants to implement Best Management Practices (i.e. silt fences) to protect wetland functions and values. The Anoka Conservation District has information on appropriate BMPs for Anoka County.
Unavoidable Impacts
All non-exempt and unavoidable wetland impacts that remain after sequencing must be replaced by restoring or creating wetland areas with equal or greater public values.
