Wetland Replacement, Appeals & Compensation
Compensation
Replacement Plan applicants who have completed the LGU process and the BWSR appeal process, may apply to the BWSR for compensation under MN Statutes, Sec. 103G.237 if their plan has not been approved as submitted. Compensation is made in the form of a monetary endowment in exchange for a perpetual conservation easement to the state in the form required by MN Statues, Sec. 103F.516.
The applicant must provide the following in writing by certified mail:
- an abstract of the title to demonstrate the ability
to convey the easement free of any prior title, lien or encumbrance
- official documentation from the US Army Corps of Engineers,
the MPCA, the watershed district or water management organization (if
any), the county, and the town or city of the proposed drain or fill activity
that the proposed subsequent use of the wetlands are lawful under their
respective jurisdictions
- evidence that the conditions or modifications for the
Replacement Plan approved with conditions make the replacement unworkable
or feasible, such as
- ~when replacement must be on land applicant does not own,
- ~when applicant has unsuccessfully attempted to acquire a replacement site, and there is not qualifying replacement credit available in the
wetland bank, or
- ~when the plan is impossible to be implemented for engineering reasons.
- Evidence that not proceeding with the proposed project
will cause the applicant damages
- evidence that disallowing the proposed use will enhance the public value of the wetlands
The applicant may appear before the BWSR to make an oral argument if such intent is mentioned.
If a complete application is submitted and the above requirements are met, the BWSR shall compensate the applicant as required by law. This compensation will come within 90 days, provided that the applicant conveys a conservation easement to the State. The board shall award compensation in an amount equal to 50 percent of the value of the wetland, calculated by multiplying the acreage of the wetland by the greater of:
- the average equalized estimated market value of agricultural property in the township as established by the Commissioner of Revenue at the time application for compensation was made;
- the assessed value per acre of the parcel containing the wetland, based on the assessed value of the parcel as stated on the most recent tax statement.
OR
If the BWSR does not provide the required compensation in exchange for the conservation easement, the applicant may drain or fill the wetland in the manner proposed without replacement.
An appeal of the BWSR decision is taken to the State Court of Appeals where it must be considered an appeal from a contested case decision for purposes of judicial review under MN Statutes.
