1. County Support for Section 404 Assumption
Keith Carlson,
Executive Director
Minnesota Inter-County Association

2. Simplifies the Wetlands Permitting Process
Any contractor – public or private – will only have to go through one, rather than two, permitting processes for projects that have a wetland impact
The contractor will only have to deal with one, rather than two, regulatory agencies
This will save time and it will save money
It will not reduce wetland protection
Minnesota Inter-County Association

3. No Reduction in the Protection and Retention of Wetlands
Both the federal Clean Water Act and the state Wetland Conservation Act will continue in effect and require appropriate mitigation of adverse wetland impacts.
Wetland replacement at the appropriate levels – usually at a 2:1 ratio – will continue to apply
BWSR or DNR and the EPA will still retain oversight authority to see that state and federal laws’ requirements are being met.
Minnesota Inter-County Association

4. Minnesota Inter-County Association
Challenges Remain
Wetlands Conservation Act (WCA) and Section 404 need to be harmonized so they can be administered together
Requirements of both laws must be observed
It will take funding for dedicated staff to identify policy revisions necessary to gain EPA approval for assumption
That should include optimization of the role of local government (consistent with current WCA permitting)
The mapping of waters that may be assumed needs to be completed
Minnesota Inter-County Association

5. Legislation to Begin the Process of Assumption Has Been Introduced
SF 962, Mathews
While the bill with appropriate funding will lay the groundwork for assumption, a final application for assumption will not occur without additional legislative signoff
Delay in legislative action will likely allow other states to get ahead of Minnesota in the queue for section 404 assumption
Minnesota Inter-County Association