Hentges v. Minnesota Board of Water & Soil Resources

OPINION

GORDON W. SHUMAKER, Judge.

Relators challenge the Board of Soil and Water’s affirmance of the Rice Creek Watershed District’s denial of relators’ petition for an exemption from the wetland replacement requirement. Specifically, re-lators allege that (a) the Board exceeded its statutory authority by adopting Minn. R. 8420.0122, subp. 3(A) (1999), which sets a standard for wetlands replacement that is different from MinmStat. § 103G.2241 (2000); (b) the District’s misapplication of 33 U.S.C. § 1344(f) regarding whether wetlands replacement was necessary resulted in a misapplication of…