1.1.................... moves to amend H.F. No. 3494 as follows:
1.2Page 1, after line 5, insert:

1.3    "Section 1. Minnesota Statutes 2008, section 103G.222, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
1.6this priority order:
1.7    (1) on site or in the same minor watershed as the affected wetland;
1.8    (2) in the same watershed as the affected wetland;
1.9    (3) in the same county as the affected wetland;
1.10    (4) for replacement by wetland banking, in the same wetland bank service area as
1.11the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
1.12a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
1.13less than 50 percent area;
1.14    (5) for project-specific replacement, in an adjacent watershed to the affected wetland,
1.15or for replacement by wetland banking, in an adjacent wetland bank service area, except
1.16that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent area and
1.17impacts in a less than 50 percent area must be replaced in a less than 50 percent area; and
1.18    (6) statewide for public transportation projects, except that wetlands affected in less
1.19than 50 percent areas must be replaced in less than 50 percent areas, and wetlands affected
1.20in the seven-county metropolitan area must be replaced at a ratio of two to one in: (i) the
1.21affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one of the
1.22major watersheds that are wholly or partially within the seven-county metropolitan area,
1.23but at least one to one must be replaced within the seven-county metropolitan area.
1.24    (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
1.25percent areas may follow the priority order under this paragraph: (1) by wetland banking
1.26after evaluating on-site replacement and replacement within the watershed; (2) replaced
1.27in an adjacent wetland bank service area if wetland bank credits are not reasonably
2.1available in the same wetland bank service area as the affected wetland, as determined by
2.2a comprehensive inventory approved by the board; and (3) statewide. For project-specific
2.3wetland replacement conducted under a permit to mine under section 93.481, wetland
2.4bank service areas delineated by the Lake Superior and Rainy River watershed basins
2.5shall be considered as a single wetland bank service area.
2.6    (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
2.7metropolitan area must follow the priority order under this paragraph: (1) in the affected
2.8county; (2) in another of the seven metropolitan counties; or (3) in one of the major
2.9watersheds that are wholly or partially within the seven-county metropolitan area, but at
2.10least one to one must be replaced within the seven-county metropolitan area.
2.11    (d) The exception in paragraph (a), clause (6), does not apply to replacement
2.12completed using wetland banking credits established by a person who submitted a
2.13complete wetland banking application to a local government unit by April 1, 1996.
2.14    (e) When reasonable, practicable, and environmentally beneficial replacement
2.15opportunities are not available in siting priorities listed in paragraph (a), the applicant
2.16may seek opportunities at the next level.
2.17    (f) For the purposes of this section, "reasonable, practicable, and environmentally
2.18beneficial replacement opportunities" are defined as opportunities that:
2.19    (1) take advantage of naturally occurring hydrogeomorphological conditions and
2.20require minimal landscape alteration;
2.21    (2) have a high likelihood of becoming a functional wetland that will continue
2.22in perpetuity;
2.23    (3) do not adversely affect other habitat types or ecological communities that are
2.24important in maintaining the overall biological diversity of the area; and
2.25    (4) are available and capable of being done after taking into consideration cost,
2.26existing technology, and logistics consistent with overall project purposes.
2.27    (g) Regulatory agencies, local government units, and other entities involved in
2.28wetland restoration shall collaborate to identify potential replacement opportunities within
2.29their jurisdictional areas."
2.30Renumber the sections in sequence and correct the internal references
2.31Amend the title accordingly