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Wetland Act violated
Published 12:00pm Wednesday, April 8, 2009Otter Tail commissioners grappled with a technical question of categorizing a wetland for nearly two hours Tuesday while conducting a proceeding on a Wetlands Conservation Act (WCA) violation.
The Otter Tail Board of Commissioners denied a request for an exemption under Minnesota’s WCA. By denying the request, the issue now goes to the Minnesota Board of Water and Soil Resources for review.
David Stock, of Aastad Township, was found by the county’s technical evaluation panel (TEP) to be in violation of WCA after a complaint was received that he was filling in a wetland in 2007.
Stock was requesting the county grant him an exemption to WCA for land that was farmed six out of 10 years before 1991, when WCA was legislatively created.
However, a later rule limits the statute’s exemption to two out of the eight types of wetland. The TEP found the portion of land in question to not be one of the two types.
Attorney Josh Heggem, representing Stock at Tuesday’s meeting, asked the commissioners to find that the WCA exemption from 1991 applies. However, if the commissioners found that the rule applied instead of the statute, Heggem asked that they find the land is one of the two types exempt.
Stock said the land was farmed nine out of the 10 years, which left commissioners questioning how a wetland could be farmed for that many years.
“I ask the commissioners to have the courage to step forward and say, ‘Yes this was farmed,’” Stock said.
Commmissioner John Lindquist questioned whether the county could receive an outside review on the type of wetland while Commissioner Lee Rogness said he was in favor of using the local resources in determining what type of wetland the disputed land is. Rogness also pointed out that the commissioners aren’t experts on the different types of wetlands.
Steve Hofstad, wetland specialist with BWSR, pointed out that as the local government unit, the county should decide based on information the commissioners received from the West Otter Tail Soil and Water Conservation District (WOTSWCD) staff. He added that the county board is under a time limit of 60 days in making a decision.
Commissioners also heard Stock’s disappointment in the government entities involved. He stated that he communicating with staff from BWSR and WOTSWCD was lacking.
“People chose to make us a target rather than work with us,” Stock said, adding that he felt violated by the rules.
Brad Mergens of WOTSWCD said in response that a letter had been sent to Stock stating that he hadn’t been heard from and in addition, Stock did meet with the TEP.
