(A) Exemption and no-loss determinations. Exemption and no-loss determinations under Minn. Rules Ch. 8420 shall be made by the Zoning Administrator. The Administrator should seek the advice of the technical evaluation panel on questions of wetland delineation and type. The Administrator’s decision is final unless appealed to the Board of Adjustment within 30 days.
(B) Sequencing and replacement plan decisions.
(1) Sequencing and replacement plan decisions under Minn. Rules parts 8420.0520 through 8420.0544 shall be made following the same procedures as for conditional use permits plus the additional notice and time requirements of Minn. Rules part 8420.0255.
(2) If the amount of wetland to be drained or filled is less than one-tenth of an acre, the sequencing determination under Minn. Rules part 8420.0520 shall be made by the Zoning Administrator.
(C) Monitoring. The Zoning Administrator shall assure that the replacement plan monitoring and enforcement requirements of Minn. Rules Ch. 8420 are fulfilled.
(D) Wetland banking.
(1) Wetlands may be restored or created within the LGU for purposes of deposit in the wetland bank in accordance with Minn. Rules parts 8420.0700 through 8420.0755.
(2) The Zoning Administrator is responsible for approving bank plans, certifying deposits and monitoring of banked wetlands and enforcement under the rules.
(E) Appeals. Decisions made under this chapter may be appealed to the Board of Water and Soil Resources under Minn. Rules part 8420.0905, after administrative appeal rights under the official controls have been exhausted.
(F) Variances. The Board of Adjustment may issue variances from the official controls of the LGU so long as the variances do not vary requirements of the Act or the rules.
(G) Technical evaluation panel.
(1) The LGU elected body shall appoint a person to serve on the technical evaluation panel. The person must be a technical professional with expertise in water resources management.
(2) Decisions under this chapter must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size and/or type if the decision-maker, the landowner or a member of the technical panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minn. Rules part 8420.0240.
(3) The Park/Planning Commission may seek and shall consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions.
(Ord. 13, passed 1-11-1996)