minnesota’s protected waters and wetlands inventory

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WETLANDS, Vol. 3, 1983, pp. 120-123 MINNESOTA'S PROTECTEDWATERS AND WETLANDS INVENTORY Bruce H. Gerbig and Michael Mueller Division of Waters Minnesota Department of Natural Resources, St. Paul, MN 55146 Abstract. In lg79, the Minnesota Legislature established an inventory and designation process to identify water basins, watercourses and wetlands subject to state regulation. Hydrologists from the Department of Natural Resources have worked with wildlife and fisheries managers to categorize and quantify waters, which are then identified on county base maps. Wetlands are identified according to Circular 39~ Wetlands of the United States criteria. Numerousphotos, maps and field survey data were used to compile information. The inventory maps are subjected to a series of public review periods, revisions and a final hearing. The final product is a map for each of the 87 counties in Minnesota, identifying waters protected by a resource permit program. Activities such as excavation, filling, water level controls, bridges, culverts and other developments are regulated through the permitting process. With the completion of the inventory ll,800 water basins, 6,500 watercourses and lO,O00 wetlands have been designated as protected waters or wetlands. PROGRAM HISTORY In 1979, the Minnesota Legislature amended Minnesota Statutes, Chapter 105, in order to implement an inventory and designation process designed to identify water basins, watercourses and wetlands subject to state water permit regulation. The legislation contained two basic sections; the first dealt with the types of water bodies subject to regulation and the second contained procedures by which the inventory would be conducted, reviewed and implemented. WATERS SUBJECT TO INVENTORY Waters included in the imventory are classified as either protected waters or protected wetlands. Both categories are subject to the same water permit rules and regulations. Protected waters as defined in Minnesota Statutes 105.37, Subd. la include: I. All water basins assigned a shoreland management classification by the commissioner pursuant to Section I05.485, except wetlands less than 80 acres in size which are classified as natural environment lakes; 2. All waters of the state which have been finally determined to be public waters (protected waters) or navigable waters by a court of competent jurisdiction; 120

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Page 1: Minnesota’s protected waters and wetlands inventory

WETLANDS, Vol. 3, 1983, pp. 120-123

MINNESOTA'S PROTECTED WATERS AND WETLANDS INVENTORY

Bruce H. Gerbig and Michael Mueller

Division of Waters Minnesota Department of Natural Resources, St. Paul, MN 55146

Abstract. In lg79, the Minnesota Legislature established an inventory and designation process to ident i fy water basins, watercourses and wetlands subject to state regulation. Hydrologists f rom the Department of Natural Resources have worked with w i ld l i fe and fisheries managers to categorize and quantify waters, which are then identi f ied on county base maps. Wetlands are identi f ied according to Circular 39~ Wetlands of the United States c r i te r ia . Numerous photos, maps and f ie ld survey data were used to compile information. The inventory maps are subjected to a series of public review periods, revisions and a f inal hearing. The f inal product is a map for each of the 87 counties in Minnesota, identifying waters protected by a resource permit program. Act iv i t ies such as excavation, f i l l i n g , water level controls, bridges, culverts and other developments are regulated through the permitting process. With the completion of the inventory l l ,800 water basins, 6,500 watercourses and lO,O00 wetlands have been designated as protected waters or wetlands.

PROGRAM HISTORY

In 1979, the Minnesota Legislature amended Minnesota Statutes, Chapter 105, in order to implement an inventory and designation process designed to identi fy water basins, watercourses and wetlands subject to state water permit regulation. The legislat ion contained two basic sections; the f i r s t dealt with the types of water bodies subject to regulation and the second contained procedures by which the inventory would be conducted, reviewed and implemented.

WATERS SUBJECT TO INVENTORY

Waters included in the imventory are classif ied as either protected waters or protected wetlands. Both categories are subject to the same water permit rules and regulations.

Protected waters as defined in Minnesota Statutes 105.37, Subd. la include:

I . All water basins assigned a shoreland management classi f icat ion by the commissioner pursuant to Section I05.485, except wetlands less than 80 acres in size which are classif ied as natural environment lakes;

2. All waters of the state which have been f i na l l y determined to be public waters (protected waters) or navigable waters by a court of competent jur isd ic t ion;

120

Page 2: Minnesota’s protected waters and wetlands inventory

Gerbig and Mueller, MI_~ESOTA'S PROTECTED WATERS INVENTORY 12!

3. All meandered lakes, except for those which have bee~ legally drained;

. All water basins previously designated by the commissioner fnr management for a specific purpose, suc~ as trout lakes and game lakes pursuant to applicable laws;

. All water basins designated as scient i f ic and natural areas pursuant to Section 84.033;

6. All water basins located within and tota l ly surrounded by publicly owned lands;

. All water basins where the State of Minnesota or the federal government holds t i t l e to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership.

. All water basins where there is a publicly owned and controlled access which is i~tended to provide for public access to the water basin; and

. All natural and altered natural watercourses with a total drainage area greater than two square miles, except that trout streams o f f i c i a l l y designated by the commissioner shall be protected waters regardless of the size of their drainage area.

"Wetlands" as defined in Minnesota Statutes 105.37, Subd. 15 includes and shall be limited to al l types 3, 4, and 5 wetlands, as defined in U.S. Fish and Wildlife Circular No. 39 (1971 edition), not included within the definit ion of protected waters, which are ten or more acres in size in unincorporated areas or 2 I/2 or more acres in incorporated areas. Th is s~parate designation relates to provisions contained in other portions of Minnesota Statutes that pertain to real estate taxes and to provisions for compensation available through the Minnesota State Water Bank Program.

INVENTORY PROCEDURES

The Drocedural framework for completing the inventory of protected waters and wetlands as defined in Minnesota Statutes 105.391, Subd. I include:

. Department of Natural Resources f ie ld personnel conduct a survey of water basins, watercourses and wetlands on a county by county basis.

. The commissioner prepares a l i s t and a map for each county, describing those basins preliminarily determined te be protected waters and wetlands, and sends them to the county board for review and comment.

3. The county board conducts at least one public informational meeting within the county regarding the commissioner's preliminary designation.

Page 3: Minnesota’s protected waters and wetlands inventory

122 WETLANDS, Vol. 3, 1983

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After conducting the meetings and within 90 days after receipt of the l i s t and maps, the county board shall present i ts recommendation to the commissioner, l is t ing a~y waters regarding which the board disagrees with the commissioner's preliminary designation and stating with particularity the waters involved and the reasons for disagreement.

Within 30 days after receiving the county board's recommendations, the commissioner shall review the findings and notify the board as to which recommendations he accepts and rejects and the reasons for his decision. I f any of the board's recommendations are accepted, the l i s t and maps shall be revised to reflect the changes.

After the revision of the map and l i s t , i f any, or i f no response is received from the county board within the 90 days review period, the commissioner shall f i l e the revised l i s t and map with the recorder of each county, and shall cause the l i s t and map to be published in the off icial newspaper of the county.

The published l i s t and map shall include notice that any person or any county may challenge the designation of specific waters as protected waters or wetlands or may request the designation of additional waters as protected waters or wetlands by f i l ing a petition for a hearing with the commissioner within go days following the date of publication.

The petition shall state with particularity the waters for which the commissioner's designation is disputed and shall set forth the reasons for disputing the designation.

I f any designations are disputed by petition, the commissioner shall order a public hearing to be held within the county within 60 days following the 90 day period, notice of which shall be published in the state register and the off icial newspaper of the county. The hearings shall be conducted by a hearings unit composed of one person appointed by the affected county board, one person appointed by the commissioner and one member of the local soil and water c~nservation d is t r ic t within the county who shall be selected by the other two members ~t least 20 days prior to the hearing date.

In the event there is a watershed d is t r ic t whose boundaries ~nclude the waters involved, the d is t r ic t may provide the hearings unit with i ts recommendations.

Within 60 days following completion of the hearing, the hearings unit shall issue i ts findings of fact, conclusions, and an order, which shall be considered the decision of an agency in a contested case for purposes of judicial review pursuant to Minn. Statutes Section 15.0424 and 15.0425.

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Gerbig and Mueller, MINNESOTA'S PROTECTED WATERS INVENTORY 123

10. The commissioner, the county or any person aggrieved by the decision of the hearings unit may appeal from the hearings uni t 's order. Upon receipt of the order the hearings unit and after the appeal period (30 days) has expired, or upon receipt of the f inal order of the court in the case of an appeal, the commissioner shall publish a l i s t of the waters determined to be protected waters and wetlands.

11. The commissioner shall complete the protected waters and wetlands inventory by December 31, 1982.

INVENTORY RESULTS

As of July I , 1984, inventories of the protected waters and wetlands in al l of Minnesota's B7 counties have been completed. I t is estimated that this wi l l result in the designation of approximately II,800 protected waters covering about 3,260,000 acres. Excluding Lake Superior, over 6,500 protected watercourses covering 17,000 miles of streams and about lD,O00 wetlands covering around 261,000 acres.

LITERATURE CITED

Minnesota Code of Agency R,les, 1978. Department of Natural Resources, Public Waters Permits, 6 MCAR ].5020-1.5026.

Minnesota Code of Agency Rules, ]978. Department of Natural Resources, State Water Ba~k Program, 6 MCAR 1.5300.

Minnesota Statutes, 1982. Division of Waters, Soils and Minerals, Sections 105.37-105.42.

Minnesota Statutes, 1982. Taxation, General Provisions, Section 272.02.

Minnesota Statutes, 1982. Taxes, List ing, Assessment, Section 273.115.

United States Department of the I n t e r i o r , 1971. Fish and Wi ld l i f e Service, Wetlands of the United States, Ci rcu lar 3g.

Minnesota Statutes and Code of Agency Rules are available through:

Minnesota State Documents Center 117 University Avenue St. Paul, M~ 55155 (612) 297-3000