Statewide Outcome(s):
Resource Protection Rules and Laws supports the following statewide outcome(s).
A clean, healthy environment with sustainable uses of natural resources.
Context:
This program supports and ensures compliance with environmental protection laws, rules and regulations of multiple agencies. BWSR is responsible for implementation of the Wetland Conservation Act (WCA), provides oversight to watershed district and county drainage authorities implementing Minnesota Statute (M.S.) 103E (drainage law), and leads the oversight, assistance, and facilitation elements of the state’s programs affecting public drainage systems. Additionally, BWSR coordinates the funding and reporting of outcomes for local units of government that are responsible for the implementation of shoreland, feedlot, WCA, and subsurface sewage treatment system rules through the Natural Resource Block Grant (NRBG) program.
Local implementation of state resource management programs and drainage laws allows for regulation closest to the regulated activity and is more cost effective as implementation done directly by the State would require many additional State employees. These benefits include ensuring that local conditions, needs and authorities, are integrated with statewide natural resources management programs. BWSR provides important coordination, assistance, and oversight to ensure local governments have current knowledge as well as financial and staff resources to properly implement state programs.
WCA is administered by more than 300 local governments. Program requirements protect of the state’s wetland resources through avoidance and minimization of drain and fill projects and provide a process to replace wetlands when an impact is unavoidable. The program balances the needs of local economies with the environmental benefits provided by wetlands. BWSR coordinates WCA implementation with the Federal Clean Water Act administered by the U.S. Army Corps of Engineers, Swampbuster provisions of the Federal Farm Bill administered by the USDA Natural Resources Conservation Service, the Minnesota Department of Natural Resources (DNR) and Minnesota Pollution Control Agency (MPCA).
These activities are funded through the general fund, Clean Water fund, fees, and bond funds.
Strategies:
Program activities directly provide benefits and services to local governments and indirectly to landowners. The coordinated nature of these responsibilities requires BWSR to work with all government entities, nonprofit organizations, businesses, policy leaders, and natural resource managers.
Wetland Regulation
BWSR responsibilities in wetland regulation include supporting implementation by local governments, conducting an appeals process when disputes occur regarding local decisions and enforcement actions, and improving efficiency for landowners through coordination with other state and federal agencies. Specific strategies includes:
· BWSR provides technical and administrative assistance to local governments through participation in local Technical Evaluation Panels (TEPs), rule guidance, enforcement, and regular training.
· Oversight of local implementation through project review, annual reporting, and local program audits.
· Administer and manage the State wetland bank through which regulated wetland impacts are replaced.
Local Government Roads Wetland Replacement Program
Since 1996 statute has required BWSR to replace wetlands impacted as part of local transportation projects. BWSR has since leveraged the expertise gained through this requirement to establish a wetland replacement cooperative with the Minnesota Department of Transportation (MnDOT) through which state and local transportation wetland impacts are replaced as required by state and federal laws. This strategy results in the following benefits:
· 335 acres of required wetland replacement credit was provided for local transportation projects in 2011.
· More efficient mitigation and consolidating fragmented wetland impacts in targeted areas, providing better habitat, improved water quality, and other benefits at a lower public cost.
Locally Provided Implementation and Enforcement
Many environmental management programs are implemented by local governments as required by statute. BWSR coordinates financial support for these activities with the Department of Natural Resources (DNR) and Minnesota Pollution Control Agency (MPCA).
· Coordinated financial support to local governments that are mandated to manage Minnesota's resources through the Natural Resources Block Grant (NRBG). Programs are: BWSR Wetland Conservation Act, BWSR Comprehensive Local Water Management Program, DNR Shoreland Management, MPCA Feedlot Permit, and MPCA Subsurface Sewage Treatment System.
· An example of local government responsibilities includes technical, administrative and enforcement duties in implementing WCA, reviewing project applications, verifying wetland impacts and proposed wetland replacement, coordinating program administration, and responding to potential violations.
· BWSR ensures grant accountability through regular oversight and grant recipient reporting through the eLINK on-line grant management system.
Drainage Management
BWSR provides essential support to public drainage authorities and stakeholders through several key responsibilities that are discussed below:
· Provides advisory review of watershed district engineers' reports and plans for drainage, flood damage reduction, water quality, and other natural resource enhancement projects.
· Administers Ditch Buffer Strip Annual Reporting, which requires county and watershed district public drainage authorities to report miles of buffer strips established in accordance with statute, and system inspections and enforcement actions each calendar year.
· Facilitates drainage stakeholder coordination through the Drainage Work Group and the Drainage Management Team. These groups include representatives of many stakeholder entities and develops recommendations for updates of drainage law and coordinates information and technical assistance to local governments, respectively.
· BWSR administers a Conservation Drainage Program funded through the Clean Water, Land and Legacy Amendment. This program supports practices and planning on public and private drainage systems to protect and improve water quality.
Results:
These activities support natural resource management and regulatory activities of local governments as they relate to wetlands, shoreland areas, feedlots, and SSTS. Key results are compliance with the Grant Management policies adopted by the Department of Administration and coordination with DNR and MPCA.
Specific to WCA, continued and improved coordination with federal wetland regulations under the Clean Water Act and federal Farm Bill is an ongoing priority. The benefits of improving this programmatic relationship are far reaching – particularly for conservation officials and landowners – and warrant significant effort by BWSR.
NRBG Grant funds are efficiently issued and monitored – Grant agreements are issued soon after the start of the State fiscal year to ensure continuity in local government implementation. This requires close coordination with the DNR and MPCA. On an annual basis, BWSR sends grant agreements to local governments by mid-August, and funds are transferred to the grantee by the end of the calendar year.
Local Governments continue to effectively implement WCA - BWSR supports and oversees local implementation through regular meetings, program reviews, and training sessions to maintain and improve the capability of the more than 300 local governments that administer WCA.
|
Performance Measures |
Previous |
Current |
Trend |
|
Miles of ditch buffer strips |
400 |
400 |
Stable |
|
Public road wetland mitigation provided (acres) |
501 |
668 |
Worsening |
|
Private wetland bank credits deposited (acres) |
554 |
422 |
Worsening |
Performance Measures Notes:
The previous time period is the FY 2010-2011 biennium and the current time period is the FY 2012-2013 biennium. All figures are biennial totals. The “Current” biennium measures are estimates based on recent trends.