Terms Used In Minnesota Statutes 103G.2212

  • Board: means the Board of Water and Soil Resources. See Minnesota Statutes 103G.005
  • Electronic transmission: means the transfer of data or information through an electronic data interchange system consisting of, but not limited to, computer modems and computer networks. See Minnesota Statutes 103G.005
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local government unit: means :

    (1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a soil and water conservation district or their delegate;

    (2) in the seven-county metropolitan area, a city council, a town board under section 368. See Minnesota Statutes 103G.005

  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 103G.005

Subdivision 1.Conditions to drain or fill wetlands.

An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has:

(1) obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained or that a replacement plan is not required; and

(2) mailed or sent by electronic transmission a copy of the statement to the local government unit with jurisdiction over the wetland.

Subd. 2.Violation; separate offense.

Violation of this section is a separate and independent offense from other violations of sections 103G.2212 to 103G.237.

Subd. 3.Form for compliance.

The board shall develop a form to be distributed to contractors’ associations, local government units, and soil and water conservation districts to comply with this section. The form must include:

(1) a listing of the activities for which a replacement plan is required;

(2) a description of the penalties for violating sections 103G.2212 to 103G.237;

(3) the telephone number to call for information on the responsible local government unit;

(4) a statement that national wetland inventory maps are on file with the soil and water conservation district office; and

(5) spaces for a description of the work and the names, mailing addresses or other contact information, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.