ALEC Wetlands Mapping and Protection Act

8/6/2019 ALEC Wetlands Mapping and Protection Act

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Part VII: Environment, Energy and Natural Resources n

WETLANDSMAPPING AND PROTECTION ACT

SummaryL

ALECs model Wetlands Mapping and Protection Act is designed to permit a state to define the procedures,guidelines and administration of a wetlands program for the state. Key components of the bill include: awetlands mapping program and classification of wetlands,

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title} This act shall be known and may be cited as the Wetlands Mapping and Protection Act.

Section 2. {Definitions.} The following words and phrases when used in this Act shall have the meaninggiven to them in this section unless the context clearly indicates otherwise:

(A) Department. The department of {insert appropriate state agency).

(B) Director. The {insert Director or Secretary) of the department of {insert appropriate state agency].

(C) Fill Material. Soil, rocks, sand, waste of any kind, or any other material which displace soil or water orreduces water retention potential.

(D) Minor drainage. Includes ditching and tiling for the removal of excess soil moisture incidental to theplanting, cultivating, protecting, or harvesting of crops or improving the productivity of land in establisheduse for agriculture, horticulture, silviculture, or lumbering.

(E) Municipality. A city, village, township, county or any other legally recognized municipal entity.

(F) Person. An individual, sole proprietorship, partnership, corporation, association, municipality, thisstate, and instrumentality or agency of this state, the federal government, or an instrumentality or agency ofthe federal government, or other legal entity.

(G) State wetlands. Those wetlands which are owned by, controlled by, or under the exclusivejurisdiction of the state or a state agency.

(H) Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequencyand duration sufficient to support, and that under normal circumstances do support, a prevalence ofvegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetationand which have a predominance of hydric soils.

Section 3. {Wetland Mapping and Classification.}

(A) Wetlands inventory.

(1) Identification. No later than three (3) years after the effective date of this act, the department shall

complete an inventory of all wetlands within the state identifying each wetland according to theclassification system established in this section. All state and local agencies are hereby directed tocooperate with the department in developing the inventory. At its discretion, the department maycontract with a qualified public, non-profit, academic or other public or private organization to helpprepare the inventory and related county maps.

(2) Mapping. The inventory shall be placed on maps setting forth the boundaries of each wetland asaccurately and at a scale sufficient to inform property owners, the public and the department of theirpresence which would meet the departments permit application requirements for delineating

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wetlands. Wetland inventory maps shall be prepared for each county in the state. The departmentshall make the maps available to the public as described in this section and in a central repository.

(3) Hearing and public notice. Upon the completion of each county wetland inventory map, thedepartment shall hold a public hearing in each county in order to afford an opportunity for any personto propose additions or deletions from the inventory map. The department shall give written notice ofsuch hearing to each owner of record, shown on the latest completed tax assessment rolls, of landdesignated as wetlands on the inventory map, by certified mail at least 30 days prior to the hearing.Notice to the property owner shall include notice of the hearing or hearings, information explainingthe area designated and its classification, and an indication of where more information and the draftinventory map is available for review. Failure to give notice shall not change any rights the propertyowner has under this act. Copies of the inventory map shall be made available to the public forinspection at least 30 days prior to the hearing. The department shall also publish a notice of thehearing and the availability of the map in at least two newspapers of general circulation within thecounty and in the {state bulletin) giving at least 30 days notice of the hearing.

(4) Final map. After considering the testimony given at the public hearing and any other facts whichmay be deemed pertinent, the department shall prepare a final wetlands inventory map for the county.A copy of the final map shall be filed in the office of the clerk of each county and with eachmunicipality within that county. In addition, the department shall also give notice by certified mail toeach property owner owning property that has been designated a wetland. Notice of the availability ofthe final wetlands inventory map shall also be published in at least two newspapers of generalcirculation within the county and in the {insert s tate bulletin}.

(5) Updates. The department shall periodically update, correct and otherwise maintain the wetlandsinventory maps and make them available to the public. Notice of updates to the wetlands inventorymaps shall be made in the same manner as described in subsections (A) (3) and (A) (4) of this section.

(6) Detailed delineations. Property owners or a local government may request the department todelineate a wetland boundary area more precisely under procedures established in subsection (C) ofthis section Any such delineation or wetlands delineated through the permit application process shallbe automatically considered part of the inventory map and physically added to the appropriate county

map as soon as practicable. Notice of the delineation shall be given to each county and municipalityaffected by the change.

(7) Petition. The department shall establish a procedure for wetland property owners to petition thedepartment to change the classification of wetlands they own. The process shall include:

(a) Submission of information substantiating the request for the change by the property owner,such as a change in the condition or characteristics of the wetland that cause it to no longermeet the criteria established in subsection (B) of this section.

(b) Providing notice of the proposed change and an opportunity for comment to the county andmunicipality, in a newspaper of general circulation in the area in which the wetland is located,for a period of 30 days.

(c) Publication by the department of a notice in the (state bulletin) of the petition, includingthe location of the wetland and any other pertinent information, for a period of 30 days.(d) The department shall have 15 days to determine if the petition is complete. Within 60 daysof the determination that the petition is complete, the department shall issue its decision.

(e) Appropriate changes shall be made to the wetlands inventory map issued by the departmentwithout undergoing additional public review.

(8) Affect . The final wetlands inventory map issued by the department shall be the wetlandsdelineation upon which the department or any local government pursuant to the (planning code)makes decisions concerning regulated activities affecting wetlands. When a final wetlands inventory


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map is issued, the department or any local government may not prosecute any person for violations ofthis act that relied on the wetlands inventory map to undertake any regulated activity. Only changesmade as a result of petitions filed under subsection (7), letters of interpretation issued pursuant tosubsection (C), or wetlands identified through the review of individual permit applications wouldsupersede this subparagraph.

(9) Incomplete mapping. In areas where the department fails to complete the wetlands inventory mapby the deadline in subsection(A) (l), the department or its certified agents shall provide applicants forpermits or landowners with a free letter of interpretation as outlined in subsection (C) until theinventory map is finalized.

(10) Property access. The department shall have access to property at reasonable times for the purposeof completing the inventory required by this section. If access is denied by the property owner, theprovisions of subsection (C) and paragraphs (8) and (9) of this subsection and Section 6 and Section 7would not apply to the property owner denying access.

(B) Wetlands classification system.

General.- The department shall use the following classification system for wetlands which distinguishesamong wetlands of exceptional value, intermediate value and ordinary value in reviewing regulated

activities.(1) Exceptional value. Wetlands of exceptional value exhibit any of the following characteristics:

(a) Wetlands which serves as habitat for fauna or flora listed as threatened or endangeredunder the Endangered Species Act of 1973 (7 U.S.C.A.Section 136; 16 U.S.C.A.Sections4601-9,46Ok-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531-1543), and {insertappropriate state statute).

(b) Wetlands -that are hydrologically connected to wetlands that are identified undersubparagraph (a) or that are necessary to maintaining the habitat of the threatened orendangered species within the wetlands identified under subparagraph (a).

(c) Wetlands that are demonstrated to be necessary to maintain the quality or quantity ofexisting public or private drinking water supplies, including both surface and groundwatersources.(d) Wetlands located in areas designated by the department as natural or wild areas withinState forest lands, wetlands located in areas designated as Federal Wilderness areas under theWilderness Act (116 U.S.C.A.Section 113 -l 136) or (other Federal wilderness statutes) orwetland located in areas designated as National Natural Landmarks by the Secretary of theInterior under the Historic Sites Act of 1935 (16 U.S.C.A.Section 461-467).

(e) Any wetland created to replace or enhance the functions of an existing wetland as a resultof a permit decision by the department or as a result o f an action by the Trust under this act.

(2) Intermediate value. Wetlands that cannot be classified either exceptional value or ordinary value.

(3) Ordinary value. Wetlands having the following characteristics , unless they have the characteristics

outlined in subsection (B) (1) (a) of this section:(a) Wetlands constructed for the purpose of treating acid mine drainage, sewage or otherwaste, if the wetland was part of a treatment facility constructed under a valid permit issued bythe department under the {insert appropriated state or federal statute).

(b) Wetlands formed in man-made storm water management, drainage or flood controlfacilities or erosion and sedimentation control facilities.

(c) Wetlands formed in any existing man-made field drainage systems, including ponds,constructed for cropping, management or maintenance operation for crop production or otheragricultural activity.



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Part VII: Environment, Energy and Natural Resources W

(d) Wetlands formed unintentionally as a result of man-made changes in drainage patterns oranimal activity where it is determined no natural wetland existed prior to the man-made oranimal-made change.

(e) Wetlands that have been disturbed by permissible activities and which, taken as a whole,no longer exhibit important wetland values.

(f) Wetlands which have been disturbed by impermissible activities that occurred more thanfive years prior to the date of enactment of this title and which, taken as a whole, no longerexhibit important wetland values.

(C) Letter of interpretation.

(1) Request. Any property owner, local government or person proposing a regulated activity may, anytime after the effective date of this act and prior to applying for a permit, request from the departmenta letter of interpretation of the delineation of the geographic boundaries and classification of awetland which would meet the departments permit application requirements for delineating a wetland.

(2) Content. The request for the letter of interpretation shall include a wetland delineation suggestedby the request or along with any supporting documentation, including any wetlands inventory mapsdeveloped in compliance with subsection (A) or other information suggesting wetlands are present onthe site that may have been missed by the inventory maps.

(3) Review. The department shall determine whether the letter requesting the interpretation iscomplete within 20 days of its receipt. Within 30 days of determining the request to be complete, thedepartment shall issue its letter of interpretation. If the department determines that an on-siteinspection is required, the final deadline for issuing the letter of interpretations shall be extended anadditional 15 days.

(4) Affect. The letter-of interpretation issued by the department shall be the wetlands delineationupon which the department and any local government pursuant to (planning code) makes decisionsconcerning regulated activities affecting wetlands. When a letter of interpretation is issued to a personby the department, the department or local government may not prosecute any person for violations ofthis act that relied on the letter of interpretation to undertake any regulated activity.

(D) Notice of wetlands. Prior to the sale or lease of any property containing wetlands designated on thewetlands inventory map or through a letter of interpretation, the owner of the property shall notifyprospective buyers in writing of the presence of such wetlands at least five days prior to consummating thesale or lease of the property.

Section 4. {Wetlands Buffer.}

(A) Establishment. Wetlands buffers shall be established and regulated, based on the wetlands value, toprotect the functions and values of regulated wetlands from adverse impacts of activities on adjacent lands.

(B) Rules. The department shall adopt rules that provide ranges of wetlands buffers sized only to the extentnecessary to protect the wetlands functions and values based on the value of the wetlands type and intensity

of adjacent land uses, population density, and the geographic diversity of the state.

Section 5. {Permit Requirements.} Except as otherwise provided by this act or by conditions contained in apermit obtained from the department, a person shall not:

(A) Deposit or permit the placing of fill material in wetland.

(B) Dredge, remove, or permit the removal of soil or minerals from a wetland.

(C) Construct, operate, or maintain any use or development in a wetland.



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(D) Drain surface water from a wetland.

Section 6. {Permit Waivers.} The following uses shall be allowed in a wetland without a permit subject to{insert appropriate other state or federal statutes}:

(A) Fishing, trapping, or hunting.

(B) Swimming or boating.

(C) Hiking.

(D) Grazing of animals.

(E) Normal ongoing practices, including farming, horticulture, silviculture, lumbering, and ranchingactivities, including plowing irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvestingfor the production of food, fiber, and forest products, or upland solid and water conservation practices.

(F) Maintenance or operation of serviceable structures in existence on the effective date of this act orconstructed pursuant to this act.

(G) Construction or maintenance of farm or stock ponds.

(H) Maintenance, operation, or improvement which includes straightening widening, or deepening of thefollowing which is necessary for the production or harvesting of agricultural products:

(1) An existing private agricultural drain.

(2) That portion of a drain legally established pursuant to {insert appropriate streams and floodregulations) which has been constructed or improved for drainage purposes.

- (3) A drain constructed-pursuant to other provisions of this act.

(J) Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining orforestry equipment, if the roads are constructed and maintained in a manner to assure that any adverse effecton the wetland will be otherwise minimized.

(K) Drainage necessary for the production and harvesting of agricultural products if the wetland is owned bya person who is engaged in commercial farming and the land is to be used for the production and harvestingof agricultural products. This subsection shall not apply to a wetland which is contiguous to a lake or stream,or to a tributary of a lake or steam, or to a wetland which the department has determined by clear andconvincing evidence to be a wetland which is necessary to be preserved for the public interest, in which casea permit shall be required.

(L) Maintenance or improvement of public streets, highways, or roads, within the right of way and in such amanner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance orimprovement does not include adding extra lanes; increasing the right of way; or deviating from the existinglocation of the street, highway, or road.

(M) Maintenance, repair, or operation of gas, oil or water pipelines and construction of gas, oil or waterpipelines if the pipelines are constructed, maintained, or repaired in a manner to assure that any adverseeffec t on the wetland will be otherwise minimized.

(N) Maintenance, repair, or operation of electric transmission and distribution power lines and constructionof distribution power lines if the distribution power lines are constructed, maintained, or repaired in a mannerto assure that any adverse effect on the wetland will be otherwise minimized.

(0) Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dams,dikes and levees in existence on the effective date of this act or constructed pursuant to this act.

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(P) Construction of tailings basins and water storage areas related to surface or underground mining activitiesrelated to the extraction of mineral resources.

(Q) Maintenance or reconstruction or residential structures, commercial structure, or structures related toexisting and ongoing agricultural practices as defined in Section 6 (E) of this act, provided that:

(1) Reconstruction shall be commenced within five years of the damage or destruction;

(2) Notification shall be required for reconstruction;(3) Reconstruction shall not increase the ground floor area and shall be limited to the existing site.

(R) Storm water management facilities approved, constructed, or managed for storm water management priorto the effective date of this act.

(S) Activities and construction necessary on an emergency basis to prevent an immediate threat to publichealth and safety, or public or private property.

(T) After the effective date of this act but immediately prior to the approval of a state program under Section404 of Title 4 of the Clean Water Act of 1977, 33 U.S.C.1344, where a project solely involves the dischargeof fill material subject to the individual permit requirements of Section 404 of Title 4 of the Clean Water Actof 1977, 33 U.S.C.1344, or is subject to any Federal nationwide or local permits, an additional permit shallnot be required by this act.

(U) Fills that do not exceed 5,000 sq. ft. and are in ordinary wetland areas or isolated wetlands.

(V) Fills of isolated wetlands.

(W) Fills of prior converted croplands.

Section 7. {General Permits.}

(A) Authorization. The department shall issue general permits on a regional or statewide basis for anycategory of regulated activity the department determines are similar in nature and can be adequatelyregulated utilizing standardized specifications and conditions using the procedures established in this section.

(B) Contents. General permits shall specify such design, operating and monitoring conditions as arenecessary to adequately protect public health and safety and the environment, under which such projects maybe constructed and maintained without applying for and obtaining individual permits . The department mayrequire the registration of any project constructed pursuant to a general permit.

(C) Public comment. The department shall publish a notice in the {state bulletin) giving the public theopportunity to comment on a proposed general permit for at least 30 days. The department shall publish thefinal general permit in the {insert state bulletin), after considering and responding to the comments it hasreceived.

(D) Initial permits . Within one year after the effective date of this act, the department shall publish final

general permits covering, at a minimum, the following areas and activities:(1) Bridges, culverts, and other road or driveway crossings affecting a cumulative area of one acre orless of wetland.

(2) The construction and maintenance of utility line crossings, including pipelines for water supply,oil, gas, sewage collection, transportation of liquid, gaseous, liquefiable or slurry substances, andcables, conduits, lines or wires and supporting structures used for the transmission of electrical energy,telephone, telegraph, radio or television signals, located in ground or as aerial crossings, affec ting perproject an area of less than two acres of wetlands.

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(3) The construction, drilling, operation or removal of any permitted oil, gas or water well or well siteaffecting an area of less than six acres.

(4) Agricultural practices including grassed waterways, terrace sand diversions, spring developments,agricultural waste facilities, ponds for irrigation, livestock watering and fire protection, incidental orminor drainage on sloping cropland to allow for contour farming, if part of a conservation planapproved by a county conservation district.

(5) Construction of permanent roads and access ways for the harvesting of forest products affectingone-half acre or less of wetland.

(E) Restrictions. Not more than one individual use of a general permit shall be authorized in an exceptionalvalue wetland. The department may include a restriction on the individual use of general permits inindividual wetlands after considering their cumulative impact . The department may require that wetlandspermanently lost as the result of a general permit be replaced in accordance with the standards in Section 12as part of the standards for a general permit.

(F) Implementation schedule. The department may establish a reasonable time when the construction,development, or use is to be completed or terminated. A general permit shall not be valid for more than 5years.

(G) Existing permits. General permits and individual uses of those permits covering regulated activitiesissued prior to the effective date of this act shall continue to be valid until revised using the proceduresoutlined in this section.

Section 8. {Notification of Intent or Application for Permit.]

(A) No person shall dredge, till, remove or otherwise conduct any activity on private wetlands in this statewithout first informing the Secretary and receiving approval or permit as applicable. A single formapplication, as prescribed by the Secretary, shall serve either as Notification of Intent or Application forPermit and/or License. The form shall be submitted by mail or in person.

(B) Application for Permit and or License.

(1) The form shall serve as the Notification prescribed in Section 7 for activities requiring a generalpermit and/or license. The proposed activity specified in the form may proceed upon advice from theSecretary.

(2) The form shall also serve as the Application for a permit to conduct an activity on private wetlandnot permitted in Section 5 above, and for license to conduct any activity on state wetlands.

(C) Within thirty days after receipt of the completed form, Notification of Intent or Application for Permitand/or License, the Secretary shall inform the person filing such form by mail whether the proposed activitymay proceed under the general permit or whether it shall require a wetlands permit from the {insertappropriate state agency]. In the case of an activity affecting State wetlands, the Secretary shall inform theperson of the extent of State wetlands involved and shall indicate the requirements to obtain a license from

the department.

Section 9. {Application Procedure.}

(A) To obtain a permit for a use or development listed in Section 5, the person desiring the permit shall filean application with the department on a form provided by the department. The application shall include:

(1) The persons name and address.

(2) The location of the wetland.

(3) A description of the wetland on which the use or development is to be made.


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(4) A statement describing the proposed use or development.

(5) The wetland owners name and address.

(6) In the case of exceptional value wetlands, an environmental assessment, on a form prepared andprovided by the department, of the proposed use or development, if such assessment is required by thedepartment, which shall include effec ts upon wetland benefits and the effects upon the water quality,flow, and levels, and the wildlife, fish, and vegetation within a contiguous lake, river or stream.

(B) For the purposes of subsection (A) of this section, a proposed use or development of a wetland shall beconsidered as a single permit application under this act if the scope, extent, and purpose of a use ordevelopment are made known at the time of the application for the permit.

Section 10. {Administrative Procedure.}

(A) After receipt of a permit application under this act, the department shall determine whether theapplication is administratively complete. For purposes of this section, an application is administrativelycomplete if it contains necessary information, maps, fees and other documents, regardless of whether theinformation, maps, fees, and documents would be sufficient for issuance of the permit. If the departmentfails to return the application within the 30 day period established herein, the application shall be deemedadministratively complete.

(1) If the application is not administratively complete, the department shall, within 30 days of receiptof the application, return it to the applicant, along with a written statement of the specific information,maps, fees and documents that are required to make the application administratively complete.

(B) Within 60 days after receipt of the completed application and fee, the department may hold a hearing. Ifa hearing is held, it shall be held in the county where the wetland on which the permit to apply is located.Notice of the hearing shall be made in the manner prescribed by the department. The department mayapprove or disapprove a permit application without a public hearing unless a person requests a hearing inwriting within 20 days after the mailing of the notification of the permit application as required by subsection(C), or the department determines that the permit application is of significant impact to warrant a publichearing.

(C) If a hearing is not held, the department shall make actual determination to approve or disapprove thepermit application within 90 days after the completed permit application is filed with the department. If ahearing is held, the department shall make a final determination to approve or disapprove the permitapplication within 90 days after the conclusion of the hearing. The department may approve a permitapplication, request modifications in the application, or deny the permit application. If the departmentdenies, or requests a modification of the permit application, the department shall send notice of the denial ormodification request, and the reasons for the denial or the modifications requested to the applicant.Department approval may include the issuance of a permit containing conditions necessary for compliancewith this act. If the department does not approve or disapprove the permit application within the timeprovided in this subsection, the permit application shall be considered approved, and the department shall beconsidered to have made the determination required by this act. The action taken by the department may be

appealed pursuant to (appropriate statute). A property owner may, after exhaustion of administrativeremedies and the other remedies provided in this act, bring appropriate legal action in a court of competentjurisdiction.

(D) A person who desires notification of pending permit applications may make a written request to thedepartment for same. The department shall prepare a biweekly list of the applications made during theprevious 2 weeks and shall promptly mail copies of the list for the remainder of the calendar year to thepersons who requested notice. The biweekly list shall state the name and address of each applicant, thelocation of the wetland in the proposed use or development including the size of both the proposed use ordevelopment and of the wetland affected, and a summary statement of the purpose of the use or development.



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Section 11. {Determination Criteria.}


(A) A permit for an activity listed in Section 5 shall not be approved unless the department determines thatthe issuance of a permit is in the public interest, that the permit is necessary to realize the benefits derivedfrom the activity, and that the activity is otherwise lawful.

(B) In determining whether the activity is in the public interest, the benefit which reasonably may beexpected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of theactivity. The decision shall reflect the national and state concern for the protection of natural resources frompollution, impairment, and destruction. The following general criteria shall be considered.

(1) The relative extent of the public and private need for the proposed activity.

(2) The availability of feasible and prudent alternative locations and methods to accomplish theexpected benefits from the activity.

(3) The extent and permanence of the beneficial or detrimental effects which the proposed activitymay have on the public and private uses to which the area is suited, including the benefits the wetlandprovides.

(4) The probable impact of each proposal in relation to the cumulative effec t created by other existingand anticipated activities in the watershed.

(5) The probable impact on recognized historic, cultural, scenic, ecological, or recreational values andon the public health or fish or wildlife.

(6) The size of the wetland being considered.

(7) The amount of remaining wetland in the general area.

(8) Proximity to any waterway.

(9) Economic value, both public and private, of the proposed land change to the general area.

(10) The environmental value of any proposed compensatory mitigation measures.

(C) In considering a permit application, the department shall give serious consideration to findings ofnecessity for the proposed activity which have been made by other state agencies.

Section 12. {Wetland mitigation.}

(A) The state shall establish, by regulation, appropriate wetland mitigation criteria to be used by thedepartment in its review of wetland mitigation proposals. The criteria shall require that the values andfunctions of the wetlands lost due to the project are replaced to the maximum extent possible by replacementwetland, and shall prefer that replacement wetlands are located contiguous to existing wetlands. Thedepartment shall require that the siting of replacement wetland be located according to the following order ofpriority to the extent possible:

(1) Adjoining the remaining wetlands on the project site.

(2) Within the same watershed and as close to the wetlands lost due to the project as practical.

(3) Elsewhere in the state but as close to the wetlands lost due to the project as practical.

(B) Subject to Subsection (C), replacement wetlands must achieve no net loss of wetland values andfunctions to be approved by the department. In lieu of an assessment of the values and functions to be lostand replaced, replacement wetlands adjoining the wetlands lost due to the project and having the samevegetation as the loss due to the project will be presumed to achieve no net loss of wetland values andfunctions if the replacement wetland is at least as large in seize as the wetland lost due to the project.

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(C) The department shall, in lieu of the replacement of wetlands, or in the replacement of wetlands that issmaller in size as the wetland lost, require the enhancement of the values and functions of existing wetlandwithin the same watershed as the wetland lost due to the project. The enhancement of existing wetlands mustproduce a net gain in the value and function of wetlands lost due to the project to be approved.

(D) The department shall require that:

(1) The replacement wetland or enhanced wetland will be completed within one year after the project

is substantially complete.

(2) The permit applicant by use of available historical data and appropriate studies, assure, to thesatisfaction of the department, that at least (%) of the wetland plant species survive in the replacementwetland or enhanced wetland after two growing seasons.

Section 13. {Permit Finalization.}

(A) A general permit may be revoked or modified if, after opportunity for a public hearing, the departmentdetermines that the activities authorized by the general permit have an adverse impact on the environment orthe activities would be more appropriately authorized by an individual permit.

(B) A permit may be terminated or modified for cause, including:

(1) A violation of a condition of the permit.

(2) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts .

(3) A change in a condition that requires a temporary or permanent change in the activity.

Section 14. {Applicant Cooperation.}

(A) The department shall require the holder of a permit to provide information the department reasonably-requires to obtain compliance with this act.

(B) Upon reasonable cause or obtaining a search warrant, the department may enter on, upon, or through thepremises on which an activity listed in Section 5 and 6 is located, or on which information required is

maintained by the department.

Section 15. {Property Assessment.} If a permit is denied for a proposed wetland activity, in lieu of otherremedies provided in this act, the land owner may request a reevaluation of the affected property forassessment purposes to determine its fair market value under the use restriction.

Section 16. {Regulations.}

(A) The department shall promulgate and enforce rules to implement this act.

(B) Aerial photographs and satellite telemetry data reproductions shall be made available to the respectivecounty register of deeds for cost as determined by the department.

Section 17. {Property Rights.)(A) This act shall not be construed to abrogate rights or authority otherwise provided by law.

(B) For the purpose of determining if there has been a taking of property without just compensation, anowner of property who has sought and been denied a permit or has been made subject to modifications orconditions in the permit under this act or the departments action or inaction pursuant to this act may file anaction in a court of competent jurisdiction.

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(C) If the court determines that an action of the department pursuant to this act constitutes a taking of theproperty of a person then the court shall order the department, at the departments option, to do one or moreof the following:

(1) Compensate the property owner for the full amount of the lost value.

(2) Purchase the property in the public interest as determined before its value was affected by this actor the departments action or inaction pursuant to this act.

(3) Modify its action or inaction with respect to the property so as to minimize the detrimental affectto the propertys value.

(D) For the purposes of this section, the value of the property may not exceed that share which the area indispute occupies in the total parcel of land, of the state equalized evaluation of the total parcel, multiplied by(#), as determined by an inspection of the most recent assessment roll of the township or city in which theparcel is located.

Section 18. {Severability clause.}

Section 19. {Repealer clause.}

Section 20. {Effective date.}


ALEC Wetlands Mapping and Protection Act

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Transcript of ALEC Wetlands Mapping and Protection Act