Ingrid owns a 2-acre parcel adjacent to a wetland in Anoka County, Minnesota. She wants to fill a portion of the wetland to expand her driveway. Her neighbor tells her she only needs a county permit. Under the Minnesota Wetland Conservation Act (WCA), which of the following best describes Ingrid's obligations before filling the wetland?
Correct Answer
B) Ingrid must avoid the impact if practicable, and if not, must replace the wetland at a ratio of at least 2:1 through replacement approved by the local government unit (LGU) administering the WCA.
Under the Minnesota Wetland Conservation Act (Minn. Stat. § 103G.222), the sequencing principle requires that wetland impacts be avoided if practicable, minimized if avoidance is not practicable, and replaced if impacts cannot be avoided. Replacement must be approved by the local government unit (LGU) administering the WCA and must meet at least a 2:1 replacement ratio for most wetland types (i.e., two acres of new or restored wetland for every one acre filled). The LGU — not the DNR alone — is the primary decision-maker for WCA approvals.
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