Minnesota Chapter 8420 provides comprehensive regulations for wetland permitting, including local government roles and responsibilities, mitigation requirements, and enforcement procedures. MN Chapter 6115 regulates public waterways permitting and exemptions, including dam projects.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
This rule will align with standard application submittal processes such as the WDNR Water ePermitting System with online geolocation mapping system called the Surface Water Data Viewer (SWDV) to provide regulators, EPA and stakeholders with transparent permit decision information that can be downloaded to GIS and handheld devices for implementation reports, compliance monitoring, landscape-scale water quality analyses, and Clean Water Act reporting, among other benefits. This system is connected with the waterway and wetland permit database which has an established workflow to ensure data accuracy and consistency in alignment with the department Quality Management Plan (QMP). Information regarding number of permitted activities, service requests and timelines was collected from these standard systems. Inflation costs for fee adjustments was based on standard adjustment rates provided by the Bureau of Labor Statistics.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
11. Effect on Small Business (initial regulatory flexibility analysis):
Implementation of the proposed rule will reflect current statutes, standards, and procedures for administration of waterway and wetland permits and exemptions requests, waterways services requests, wetland identification and mapping requests, and program enforcement.
13. Place where comments are to be submitted and deadline for submission:
A public comment period for the rule occurred from January 26, 2022, to March 7, 2022, with a public hearing held on March 7, 2022.
RULE TEXT
Section 1 NR 300 is repealed and recreated to read:
Chapter NR 300 Administration of Waterway and Wetland Permits, Exemptions, and Regulation Enforcement NR 300.01 Purpose
NR 300.02 Applicability
NR 300.03 Definitions
Subchapter I – Regulatory Decisions
NR 300.04 Waterway exemptions
NR 300.05 Wetland exemptions
NR 300.06 Waterways and wetland general permits
NR 300.07 Waterways and wetland individual permits
NR 300.08 Notices and public comment
NR 300.09 Individual permit decision
NR 300.10 Dam individual permits
NR 300.11 Waterway and wetland permit fees
Subchapter II – Water Quality Certification
NR 300.12 General
NR 300.13 Notification
NR 300.14 Process
NR 300.15 Waiver
NR 300.16 Individual water quality certification decisions
Subchapter III – Regulatory Services
NR 300.17 Navigability and ordinary high water mark determinations
NR 300.18 Wetland determinations
Subchapter IV – Enforcement and Permit Proceedings
NR 300.20 After the fact permits
NR 300.21 Relationship of enforcement and permit proceedings
NR 300.22 Relationship of enforcement and confirmations
NR 300.23 Exceptions to time limits
NR 300.24 Inspection authority
NR 300.01 Purpose. This chapter prescribes procedures, timelines, and fees for waterway and wetland regulatory decisions and services including exemption, permitting, and enforcement decisions as well as wetland mapping, wetland identification, wetland confirmation, and waterway jurisdictional decisions.
NR 300.02 Applicability. This chapter applies to regulatory services and decisions for waterway and wetland activities pursuant to chs. 30, 31, and 227 and ss. 281.36, 23.32, and 23.321, Stats. NR 300.03 Definitions. In this chapter:
(1) “Business day" or “working day” means each day except Saturday, Sunday and “Legal Holidays” as provided in s. 995.20, Stats. (2) “Department" means the department of natural resources.
(3) “Environmental damage" means the harming of any wildlife or wildlife habitat including fish, bird, animal, or plant life, or degradation of the air, land, and waters within the state.
Note: The definition of environmental damage is necessarily general as it must be subjectively applied in conformance with applicable statutes.
(4) “Environmental pollution” has the meaning specified in s. 299.01 (4), Stats. (5) “Field investigation" means a physical inspection of the location of a proposed action requiring a permit or approval under ch. 30 or 31, Stats., or s. 23.321 or 281.36, Stats., and surrounding areas that may be directly or indirectly affected by the proposed action, carried out by an employee or agent of the department for the purpose of determining whether the proposed action meets applicable requirements of law. (7) (a) “Individual permit" means a permit issued by the department for a single project under specific applicable provisions of s. 281.36 (3m) or ch. 30, Stats., excluding s. 30.206, Stats. (b) “Individual permit" includes a contract issued under s. 30.20, Stats. (8) “Navigable waterway" has the same meaning specified in s. 30.01 (4m), Stats. Note: This incorporates the definition at s. 30.01 (4m), Stats., and current case law, which requires a watercourse to have a bed and banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff, DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee Falls v. DNR, 140 Wis.2d 579 (Ct. App. 1987). (10) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.
(11) “Secondary impacts” means impacts to wetlands that are causally linked to the proposed project.
Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use to due habitat fragmentation or habitat conversion, erosion (sedimentation/siltation) due to inadequate or missing site stabilization, or the introduction or increase of invasive or non-native plant species to a wetland.
