Subdivision 1. Applicability. An agency of the state, a public benefit corporation, a local government, or any other entity with the power of eminent domain under chapter 117, except a public utility as defined in section 216B.02, a municipal electric or gas utility, a municipal power agency, a cooperative electric association organized under chapter 308A, or a pipeline operating under the authority of the Natural Gas Act, United States Code, title 15, sections 717 to 717z, shall follow the procedures in this section before:
(1) acquiring land or an easement in land with a total area over ten acres within a wetland preservation area; or
(2) advancing a grant, loan, interest subsidy, or other funds for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities that could be used to serve structures in areas that are not for agricultural use, that require an acquisition of land or an easement in a wetland preservation area.
Subd. 2. Notice of intent. At least 60 days before an action described in subdivision 1, notice of intent must be filed with the Environmental Quality Board containing information and in the manner and form required by the Environmental Quality Board. The notice of intent must contain a report justifying the proposed action, including an evaluation of alternatives that would not affect land within a wetland preservation area.
Subd. 3. Review and order. The Environmental Quality Board, in consultation with affected local governments, shall review the proposed action to determine its effect on the preservation and enhancement of wetlands and the relationship to local and regional comprehensive plans. If the Environmental Quality Board finds that the proposed action might have an unreasonable effect on a wetland preservation area, the Environmental Quality Board shall issue an order within the 60-day period under subdivision 2 for the party to refrain from the proposed action for an additional 60 days.
Subd. 4. Public hearing. During the additional 60 days, the Environmental Quality Board shall hold a public hearing concerning the proposed action at a place within the affected wetland preservation area or easily accessible to the wetland preservation area. Notice of the hearing must be published in a newspaper having a general circulation within the area. Individual written notice must be given to the local governments with jurisdiction over the wetland preservation area, the agency, corporation or government proposing to take the action, the owner of land in the wetland preservation area, and any public agency having the power of review or approval of the action.
Subd. 5. Joint review. The review process required in this section may be conducted jointly with any other environmental impact review by the Environmental Quality Board.
Subd. 6. Suspension. The Environmental Quality Board may suspend an eminent domain action for up to one year if it determines that the action is contrary to wetland preservation and that there are feasible and prudent alternatives that may have a less negative impact on the wetland preservation area.
Subd. 7. Wetland preservation area terminates. The benefits and limitations of a wetland preservation area, including the restrictive covenant for the portion of the wetland preservation area taken, end on the date title and possession of the property is obtained.
Subd. 8. Action by attorney general. The Environmental Quality Board may request the attorney general to bring an action to enjoin an agency, corporation, or government from violating this section.
Subd. 9. Exception. This section does not apply to an emergency project that is immediately necessary for the protection of life and property.
1991 c 354 art 4 s 3
Structure Minnesota Statutes
Chapter 103F — Protection Of Water Resources
Section 103F.001 — Citation; Water Law.
Section 103F.05 — Water Quality And Storage Program.
Section 103F.105 — Floodplain Management Policy.
Section 103F.111 — Definitions.
Section 103F.115 — Priority For Reducing Flood Damage.
Section 103F.121 — Floodplain Management Ordinances.
Section 103F.125 — Considering Industrial Uses In Floodplain.
Section 103F.135 — Commissioner's Assistance And Inspections.
Section 103F.145 — Enforcement And Penalties.
Section 103F.151 — Flood-prone Area Inventory And Assessment.
Section 103F.161 — Flood Hazard Mitigation Grants.
Section 103F.165 — Flood Insurance.
Section 103F.171 — Southern Minnesota Rivers Basin Area Ii Boundaries.
Section 103F.175 — Aid Formula.
Section 103F.177 — Operation Within Agency.
Section 103F.179 — Selecting Projects.
Section 103F.181 — Conditions For Grants.
Section 103F.183 — Approved Projects.
Section 103F.185 — Interstate Cooperation.
Section 103F.187 — Report To Legislature.
Section 103F.201 — Regulatory Purpose Of Shoreland Development.
Section 103F.205 — Definitions.
Section 103F.211 — Model Standards And Criteria.
Section 103F.215 — Model Ordinance As County Ordinance.
Section 103F.221 — Municipal Shoreland Management.
Section 103F.227 — Shoreland Development; Existing Resorts.
Section 103F.305 — Scenic River Protection Policy.
Section 103F.311 — Definitions.
Section 103F.315 — Wild And Scenic Rivers System.
Section 103F.321 — Administration And Rules.
Section 103F.325 — Designation Procedure.
Section 103F.331 — Acquiring And Developing System.
Section 103F.335 — Local Government Compliance.
Section 103F.341 — Federal-state Relations.
Section 103F.345 — Conflict With Other Laws.
Section 103F.35 — Welch; Goodhue County.
Section 103F.351 — Lower St. Croix Wild And Scenic River Act.
Section 103F.361 — Findings And Intent.
Section 103F.363 — Applicability.
Section 103F.365 — Definitions.
Section 103F.367 — Mississippi Headwaters Board.
Section 103F.369 — Plan Implementation.
Section 103F.371 — Responsibilities Of Other Governmental Units.
Section 103F.373 — Reviewing And Certifying Land Use Actions.
Section 103F.375 — Incorporation And Annexation; Moratorium.
Section 103F.377 — Biennial Report.
Section 103F.401 — Definitions.
Section 103F.405 — Soil Loss Ordinances.
Section 103F.411 — Model Ordinance.
Section 103F.415 — Excessive Soil Loss Prohibited.
Section 103F.421 — Enforcement.
Section 103F.425 — District Court Hearing.
Section 103F.431 — Soil And Water Conservation Assistance.
Section 103F.435 — Attorney And Local Government May Perform Duty Of County.
Section 103F.441 — Erosion Control Plan For Development Activities.
Section 103F.445 — Cost-sharing Funds.
Section 103F.48 — Riparian Protection And Water Quality Practices.
Section 103F.501 — Short Title.
Section 103F.505 — Purpose And Policy.
Section 103F.511 — Definitions.
Section 103F.515 — Reinvest In Minnesota Reserve Program.
Section 103F.516 — Permanent Wetlands Preserve.
Section 103F.518 — Reinvest In Minnesota Clean Energy Program.
Section 103F.521 — Cooperation.
Section 103F.525 — Supplemental Payments On Federal And State Conservation Programs.
Section 103F.526 — Food Plots.
Section 103F.531 — Rulemaking.
Section 103F.535 — Reservation Of Marginal Land And Wetlands.
Section 103F.601 — Water Bank Program.
Section 103F.612 — Wetland Preservation Areas.
Section 103F.613 — Duration Of Wetland Preservation Area.
Section 103F.614 — Eminent Domain Actions.
Section 103F.615 — Limitation On Certain Public Projects.
Section 103F.616 — Soil Conservation Practices.
Section 103F.711 — Definitions.
Section 103F.715 — Clean Water Partnership Program Established.
Section 103F.725 — Financial And Technical Assistance.
Section 103F.731 — Eligibility For Assistance.
Section 103F.735 — Agency Review Of Proposals.
Section 103F.741 — Project Implementation.
Section 103F.751 — Nonpoint Source Pollution; Management Plan.
Section 103F.755 — Availability Of Data; Standards.
Section 103F.801 — County Lake Improvement Program.
Section 103F.805 — State Aid For Lake Improvements.
Section 103F.806 — [No local approval filed, 1992 c 536 s 1]
Section 103F.807 — [No local approval filed, 1992 c 536 s 2]
Section 103F.808 — [No local approval filed, 1992 c 536 s 3]
Section 103F.809 — [No local approval filed, 1992 c 536 s 4]
Section 103F.810 — [No local approval filed, 1992 c 536 s 5]
Section 103F.811 — [No local approval filed, 1992 c 536 s 6]
Section 103F.901 — Definitions.
Section 103F.902 — Local Planning And Approval.
Section 103F.903 — Wetland Establishment And Restoration Cost-share Program.