Wetland Replacement, Appeals & Compensation
Appeals
The decision of the LGU to approve or deny a Replacement Plan may be appealed to the BWSR within 30 days of mailing the decision to the distribution list. A decision can be appealed by:
- the landowner/applicant,
- any agency required to receive notice of the decision, or
- 100 residents of the county.
The decision of BWSR will be to:
- affirm the LGU decision if the LGU's findings of fact are not clearly erroneous; if the LGU correctly applied the law to the facts; and if the LGU made no procedural errors prejudicial to a party. Otherwise, the board will reverse the decision,amend the decision, or remand the matter back to the LGU with instructions for further processing.
The appeal process should take no more than 60 days from the time the BWSR receives notice of the appeal to the time the decision is made, unless the matter is remanded back to the LGU. A restricted time schedule does not exist for matters that are remanded for further processing.
Appeal Time Line Summary
| Activity Days | Activity | Responsible Party |
| Start | Decision Appealed BWSR Receives Notice With Affidavit That LGU Has Been Notified Appeal Notice Sent To Distribution List |
Landowner, Applicant, Recipient on mailing list, or 100 county residents LGU |
| 1 - 30 | BWSR Gives 30 Day Notice For Hearing | BWSR |
| 30 | Findings Of Fact. Written Or Oral Arguments & All Records Are Sent To BWSR | Landowner, Applicant, LGU, Recipients on the public mailing list |
| 31 - 60 | Decision mailed to same recipients as before as well as the applicant | LGU |
| 1 - 30 | Hearing Is Held And Decision Is Made | BWSR |
