3. Dorsey/Fox Wetland Exemption Appeals Power Point PresentationExemption Appeals
Applications made
Staff decisions made
Appeals to Minnesota Board of Water and Soil Resources (BWSR)
Remanded to Chanhassen City Council
Council decision
Basin 1
Basin 4
Basin 3
Basin 2
Decisions to Make
Are the exemption standards applied correctly?
Is the interpretation of the 10 year deed recording correct?
If yes, the Council should uphold staff’s decisions and affirm the Technical Evaluation Panel findings, issuing the Findings of Fact from the staff report.
Basin 1
Dorsey
Request: Exemption under Subpart 1A
Area must be planted with annually seeded crops or must be in a crop rotation of pasture grass or legumes 6 of 10 years before 1991
Must be type 1 or 2 wetland
Fox
Request: Exemption under Subpart 1D
Must be bottomland hardwood type 1 wetland or a type 2 or type 6 wetland less than 2 acres in size
Basin 1
Dorsey
Decision: Denied.
Aerial photography and best professional judgment by TEP.
Not annually seeded crop or in rotation of pasture grass and legumes.
Not type 1 or 2 wetland. (Type 3)
Fox
Decision: Denied.
Not bottomland hardwood type 1 wetland or a type 2 or type 6 wetland. (Type 3)
Not less than 2 acres in size. (Approx. 3.3 acres)
Basin 2
Dorsey
Request: Exemption under Subpart 1A
Area must be planted with annually seeded crops or must be in a crop rotation of pasture grass or legumes 6 of 10 years before 1991.
Must be type 1 or 2 wetland.
Decision: Approved.
Area was annually seeded with crops from 1981 through 1986.
Type 1 wetland.
Subject to 10 year deed restriction.
Basin 3
Dorsey
Request: Exemption under Subpart 1A
Area must be planted with annually seeded crops or must be in a crop rotation of pasture grass or legumes 6 of 10 years before 1991.
Must be type 1 or 2 wetland.
Decision: Denied.
Area was not planted with annually seeded crops or in a rotation of pasture grass or legumes.
Basin 4
Dorsey
Request: Exemption under Subpart 1A
Area must be planted with annually seeded crops or must be in a crop rotation of pasture grass or legumes 6 of 10 years before 1991.
Must be type 1 or 2 wetland.
Decision: Approved.
Area was annually seeded with crops 6 of 10 years prior to 1991.
Type 1 or 2 wetland.
Subject to 10 year deed restriction.
Contested Points
Activities are exempt; wetland basins are not exempt.
The exemptions apply at the time of application, not automatically with the passage of the Wetland Conservation Act (1991).
10 Year Deed Restriction applies.
Consistent with BWSR interpretation
10 Year Deed Restriction
8420.0115 SCOPE OF EXEMPTION STANDARDS.
Present and future owners of wetlands drained or filled
without replacement under an exemption in part 8420.0122,
subparts 1 and 2, item B, can make no use of the wetland area
after it is drained, excavated, or filled, other than as
agricultural land, for ten years after the draining, excavating,
or filling, unless it is first replaced under the requirements
of Minnesota Statutes, section 103G.222. Also, for ten years
the wetland may not be restored for replacement credit. Except
for land in public ownership, at the time of draining,
excavation, or filling, the landowner shall record a notice of
these restrictions in the office of the county recorder for the
county in which the project is located.
Aerial Photographs
Fox/Dorsey Property - 1981
Fox/Dorsey Property - 1981
Fox/Dorsey Property - 1982
Fox/Dorsey Property - 1983
Fox/Dorsey Property - 1984
Fox/Dorsey Property - 1985
Fox/Dorsey Property - 1986
Fox/Dorsey Property - 1987
Fox/Dorsey Property - 1988
Fox/Dorsey Property - 1990
Fox/Dorsey Property - 1991
Fox/Dorsey Property - 1992
Fox/Dorsey Property - 1993
Fox/Dorsey Property - 1994
Fox/Dorsey Property - 1995
Fox/Dorsey Property - 1996
Fox/Dorsey Property - 1997
Fox/Dorsey Property - 1998
Fox/Dorsey Property - 1999
Fox/Dorsey Property - 2000
Staff Decision and TEP Findings
Dorsey Basin 1: Denied.
Dorsey Basin 2: Approved.
Dorsey Basin 3: Denied.
Dorsey Basin 4: Approved.
Fox Basin 1: Denied.