Agenda - Council Work Session - 02/23/2021

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6115.0255 MINNESOTA RULES 66 or agent, with the concurrence of the enforcement authority, concludes that restoration would cause additional impairment or further degradation of the public water. The commissioner or agent shall incorporate the restoration plan into a restoration order and send it to the enforcement authority for service in person or by certified mail to the landowner. D. A restoration order must specify a date by which the landowner must restore the public waters according to the commissioner's plan and obtain a certificate of satisfactory restoration from the commissioner or agent. E. A replacement order must specify a date by which the landowner must submit a replacement plan to the commissioner and a subsequent date by which the landowner must replace the public waters and obtain a certificate of satisfactory replacement from the commissioner or agent. F. A restoration or replacement order must advise the landowner that violation of the order is a misdemeanor. G. If, as part of a misdemeanor proceeding, the court orders restoration or replacement, the commissioner or agent, with the concurrence of the enforcement authority, shall determine which is appropriate, and if it is restoration, the method of restoration. If the court orders replacement, the landowner must follow the replacement plan ordered by the commissioner or agent. H. If a landowner seeks approval of a public waters work permit after the proposed project has already impacted the public water, the commissioner may require the landowner to replace the impacted public water at a ratio not to exceed twice the replacement ratio otherwise required. Subp. 5. Appeals of replacement and restoration orders. A. A landowner may appeal the terms and conditions of a restoration or replacement order issued under subparts 2 to 4, to the commissioner, within 30 days of receipt of written notice by filing a written request for review. If the written request is not submitted within 30 days, the restoration or replacement order becomes final. The commissioner shall review the request and supporting evidence and render a decision within 60 days of the request for review. B. If a landowner wishes to appeal the decision of the commissioner after review under item A, the landowner must file a written request within 30 days for a contested case hearing under Minnesota Statutes, chapter 14. The demand for hearing must be accompanied by a bond as required under Minnesota Statutes, section 103G.311, subdivision 6. Statutory Authority: MS s 14.386; 103G.315; L 2000 c 382 s 20 History: 25 SR 143; 27 SR 529 Published Electronically: June 11, 2008 6115.0260 STATUTORY REQUIREMENTS. Further provisions for the administration of parts 6115.0150 to 6115.0280 are found in Minnesota Statutes, chapter 103G, including but not limited to sections 103G.135, 103 G.141, 103 G.241, 103G.251, 103G.295, 103G.301, 103G.305, 103G.311, and 103G.315. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.