§ 103E.110

Minnesota Center for Environmental Advocacy v. Big Stone County Board of Commissioners · 2002 1 citation

We affirm the district court’s conclusion that the ditch repair proposed by appellants is subject to Minn. Stat. § 103E.110, subd. 3, and Minn. Stat. § 103G.245 governing work in public waters. But we reverse the portion of the district court’s decision stating that both statutes must be satisfied and hold that if appellants obtain permission pursuant to chapter 103E.011, subd. 3, and otherwise proceed in accordance with chapter 103E, they are entitled to the exemption in Minn. Stat. § 103G.245, subd. 2(2), from the public waters work permit requirement of Minn. Stat. § 103G.245, subd. 1(2). We affirm the district court’s conclusion that appellants are not, as a matter of law, exempt from wetland-replacement requirements, and must seek approval of a replacement plan or exemption from the requirement from the appropriate local government unit. We reverse the district court’s determination that appellants must prepare another EAW and the determination that an EIS is not mandatory. We hold that for appellants to proceed with the repair in a manner that will drain wetland 6-11W, they must obtain the required DNR approval, complete the EIS process, and obtain a replacement plan approval or exemption.