Agenda - Council Work Session - 02/23/2021

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6115.1220 MINNESOTA RULES 126 (1) If such be the case, that the wetland appears to be eligible for the federal water bank program and who the landowner should contact. The state program, however, does not incur any obligations on the federal program and if the landowner chooses to select this option the landowner will be subject to the federal program's priorities and procedures. (2) That the landowner may suggest any other appropriate indemnification method, along with the proposed terms and conditions that the landowner would like to have included. (3) That the landowner and commissioner may agree to include adjacent property in the terms of the agreements. (4) That the landowner may choose any one of the indemnification offers or any other method of indemnification that the commissioner will agree to. C. An explanation of the balance of these procedures in order to establish the dollar amount of each offer as soon as the landowner specifies what adjacent land, if any, the landowner would like to have included. Subp. 3. Ineligible areas. If the area is ineligible for compensation the commissioner will so inform the applicant and advise the applicant that a Minnesota Statutes, section 103G.311 hearing on the issue of eligibility may be demanded. Subp. 4. Right to drain basin. If within 60 days of receipt of an application for a permit to drain, the commissioner does not mail the landowner a choice of indemnification, the landowner is entitled to drain the basin. Subp. 5. Adjacent land. Upon receipt of an offer of indemnification, the landowner shall inform the commissioner of the amount, if any, and location of adjacent land that the landowner would like to have included in the agreement, and what alternative, if any, methods of indemnification the landowner would like the commissioner to consider. Subp. 6. Certification. Within 60 days of receiving the above information the commissioner shall complete an appraisal of the property and submit it to the Department of Administration for certification. If it is not so submitted within the 60-day period, the landowner may drain the basin. Subp. 7. Negotiations. When an appraisal has been certified, the commissioner shall inform the landowner of the dollar amount of each offer, and begin negotiations. The outcome of the negotiations can be either: A. the landowner accepts one of the offers made or agreed to by the commissioner; B. the landowner places the basin in a federal water bank program; C. the landowner signs a consent to condemnation pursuant to Minnesota Statutes, section 84.027, subdivision 9, specifying which of the methods of indemnification offered or agreed to by the commissioner that the landowner has selected; or Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.