Agenda - Council - 03/10/1981 - Laserfiche WebLink

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PROGRAM SUMMARY SUBJECT Public Waters/Wetland Inventory Department of Natural Resources Preliminary Designation and Mapping M.S. 105.391 6 MCAR 1.5020-1.5026 BACKGROUND Minnesota Statutes 105.391 provides the commissioner of Natural Resources with the ..~esponsibility to inventory the waters of the state and to map them. The purpose of this designation and mapping was to provide the public with a document which would give notice of the presence of areas of protected waters. Once a designation as public water/wetlands is made by DNR, the area comes under the jurisdiction of their regulatory authority- Such a designation means that no alterations can occur without a DNR permit. The commissioner in. carrying out this inventory and mapping, is to prepare a pre- each county for review end re- liminary deslgnatlo and mapping to be submitted to commendation. Upon receipt of the preliminary designation and mapping, the county · has 90 days to review and recommend corrections to the Commissioner- upon receipt of the County's recommendations, the Commissioner has 30 days in which to act on the county's recommendations (if he agrees with recommendation, to make the appro- priate change) and to publish the designation and map in the official county news- paper. Following the publication there is a 90 day review period during which any person may petition the Commissioner for a hearing to correct errors of designation or mapping. These hearings will be held by a hearing panel consisting of one per- son appointed by the Commissioner (Regional Administrator); one person appointed by the County Baord, and one person appointed by the other two from the county Soil and Water Conservation District Board. Actions of the panel are final, subject to appeal, s to District Cottrt. IMPACT ON COUNTY Drainage of public waters or wetlands is prohibited unless another area of equal or greater value is provided and a permit is obtained. After a state waterbank pro- gram has been established, qualifying wetlands may be drained without a permit or without replacement of wetland if the Commissioner DRN) does not elect, within 60 days of receipt of an application to drain a wetland, to either: 1) place the wetland in the state waterbank program; or 2) acquire it (MS 97.481); or 3) indem- nify the landowner. Filling in p~blic waters may be permitted for purposes of: 1) development of beach areas 2) shoreline erosion protection by riprap; 3) recovery of shoreland lost be erosion within the past 5 years; 4) to allow raising of previous; develop- ment constructed too low; and 5) to provide navigational access to riparian pro- perties when not possible by any other means. Filling of public waters can not be permitted for purposes of: 1) vegetation control; 2) creation of upland area for development; 3) stabilizing lake or stream beds which can not support fill materials; or 4) stabilizing areas of flowing water, active springs, or subject to substantial wave action, drift, sedimentation, or other disruptive forces.