Wetland Replacement, Appeals & Compensation
Replacement Plan Process
Notice Summary for WCA Replacement Plans
Several agencies and the general public must be given opportunity to comment on proposed Replacement Applications. This can be a time consuming process, but careful planning can avoid unnecessary delays. The following charts summarize the timeline:
| Activity Days | Activity | Responsible Party |
| Start | Complete replacement plan application is submitted to the LGU | Applicant |
| 1 - 10 | Project notification mailed to DNR, BWSR, ACD, WSD/WMO and Public (as requested) 1,2 | LGU |
| 15 - 60 | Comments received and LGU Decision 3 |
LGU |
| 1 - 10 | Decision mailed to same recipients as before as well as the applicant | LGU |
| 1 - 30 | Appeal Time Frame. Decision Final If Not Appealed within 30 Days | Landowner, 100 county residents or recipients |
- If a LGU delegates decision authority for these projects to staff, it would be possible for the notice of application and notice of decision to be mailed the same day and the project could commence immediately thereafter provided the proposed impact is less than 10,000 sq. ft.
- Summary information must be received if the project impacts less than 10,000 sq feet. A complete copy of the applicantion must be received if the project impacts are greater than 10,000 sq. feet.
- The LGU decision can be made prior to receiving comments. However, if the LGU expects comments, the decision should be delayed until after they are received.
Replacement Plan Evaluation/Decision
A Replacement Plan Application must be evaluated by the LGU with consideration of several factors identified in the WCA Rules. A Replacement Application evaluation form is available at the Anoka Conservation District that outlines the mandatory considerations. A Technical Evaluation Panel (TEP) can be requested to review conflicts regarding Replacement Plan Applications. The TEP is composed of people from three different agencies:
- the local LGU
- the Board of Water and Soil Resources (BWSR) and
- the ACD
The TEP will record its findings and make a recommendation to approve, modify, or reject the proposed Replacement Plan. The LGU must evaluate the application and make a formal decision before 60 days form the latest date of notification.
The decision will be based on WCA replacement evaluation, the TEP recommendation, and/or comments received pursuant to the notification procedure. The LGU may decide to:
- approve the Replacement Plan as submitted,
- approve the Replacement Plan with conditions or modifications,
or
- deny the Replacement Plan with reasons.
Notification of the decision must be circulated and becomes final if it is not appealed within 30 days.
