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Alternatives to existing exemption - WCA Assessment

WCA Assessment – Alternatives to the Existing Exemption

April – May, 2006

Application and effect of exemptions

Initial:  3-hour meetings spread over four days: 

A. April 19: 9 am - 12 noon Wetland Restorations/Wildlife Habitat

B. April 24: 9 am - 12 noon Federal Approvals/Utility, Public Works

C. April 24: 1-4 pm De minimus/Incidental Wetlands/Approved Development

D. May 9: 1-4 pm Forestry

E. May 23: 9 am - 12 noon. Agriculture/Drainage

Follow-up:

Additional meetings scheduled as necessary and/or general wrap-up of the individual exemptions at Stakeholder Advisory Committee meetings

Meeting Organization:

A. Introductions (5 minutes)

B. Overview of Meeting Purpose (10 minutes)

C. Discussion (up to 2 ½ hours)

D. Wrap-up/Next steps (5-10 minutes) 

Information Provided in Advance (via email or BWSR website):

A. Rule/Statute Language

B. Overview of Rule Processes

C. Data from LGUs

D. Examples of how Exemption is used

E. Options

Questions to consider when discussing the application and affect of exemptions:

A. How does the exemption contribute to or inhibit meeting the state wetland policy to “achieve a no net loss in the quantity, quality and biological diversity of Minnesota’s existing wetlands”?

B. What is the impact of the exemption on the wetland resource and economic/development activities?

C. Is the exemption still relevant 15 years after WCA was enacted?

D. What impact do other regulatory programs (federal-state-local) have on the activity exempted under WCA? Is the WCA exemption more appropriately called a waiver to another program, or is the activity truly unregulated?

E. How does the exemption contribute to regulatory simplification and LGU workload?

F. What change, if any would you support?

Questions to consider when discussing overall exemption topics, including process and data issues: 

A. How does the manner of implementation of the exemption contribute to or inhibit:

B. What is the impact of any propose change in how the exemption is implemented on:

Options to consider when reviewing each exemption:

A. Leave the exemption as is

B. Eliminate the exemption

C. Require the landowner to notify the local government unit prior to using the exemption

D. Require the local government unit to certify the exemption based on the landowner request

E. Modify the scope of the exemption (amount of exemption allowed and geographical application of the exemption, etc.)

F. Others?

Minnesota Board of Water and Soil Resources

520 Lafayette Road North, St. Paul, MN 55155 | (651) 296-3767 | Fax (651) 297-5615 | TTY (800) 627-3529

An Equal Opportunity Employer

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