Minnesota State Seal

Minnesota Office of Administrative Hearings

| OAH Home | APA Section | Workers Comp | Information | Northstar |

Board of Water and Soil Resources
Rulemaking Proceeding Page
Wetlands Conservation Act Rule


ALJ Report Issued

The ALJ Report of Judge Mihalchick and Chief ALJ Report of Judge Krause have been issued in the rulemaking matter of the Minnesota Board of Water and Soil Resources implementing the Wetlands Conservation Act (Minnesota Rules Chapter 8420). The rule now goes to the Board for consideration and adoption.


General Information

The Minnesota Board of Water and Soil Resources' proposed amendments to rules implementing the Wetlands Conservation Act (Minnesota Rules Chapter 8420) have been assigned to Judge Mihalchick. Judge Mihalchick will issue a report with respect to the proposed rules in late May. This website is intended to provide useful and timely information in connection with the rulemaking proceeding.

As part of the rulemaking process, public hearings were held throughout the state, concluding in Saint Paul on May 5, 2009. During those hearings, a five-working-day period was set for the receipt of written comments from interested persons and the agency regarding the proposed rules. The initial deadline for the submission of written comments in the rulemaking proceeding is 4:30 p.m. on May 12, 2009 .

After the period for submission of written comments ends, state law provides the agency and all interested persons an additional period of five working days for filing a written response to any comments that were submitted. Additional or new evidence may not be offered during this five-day reply period. The five-day reply period will expire at 4:30 p.m. on May 19, 2009.

Interested members of the public can e-mail, mail, fax, or deliver public comments to Judge Mihalchick concerning the proposed rules. His contact information is as follows:

Steve M. Mihalchick
Administrative Law Judge
600 North Robert Street
P.O. Box 64620
Saint Paul, Minnesota 55164-0620
Telephone: 651-361-7844
Fax: 651-361-7936
Email for rule comments: rulecomments@state.mn.us

For copies of the Proposed Rule, Notice and Order for Hearing, the Agency's Statement of Need and Reasonableness, and other materials, visit the Agency's website at: http://www.bwsr.state.mn.us/wetlands/wca/rulemaking.html.


Public Exhibits

Scanned versions of some of the exhibits in this matter are provided through the links below. Procedural documents have not been scanned.


Public Comments

Comments received outside of the public hearings are combined into batched documents for public review [and are posted below]. The public comment period ends on 4:30 p.m. on Tuesday, May 12, 2009. Replies to these comments are due by 4:30 p.m. on Tuesday, May 19, 2009. These are "received by" deadlines, and commentators are urged to consider that when sending their comments and replies.


Agency Comments

The Department's comments in response to information received in the public hearing and the comment period are set out below.

  • Agency Comment - SONAR Errata

  • WCA Rule BWSR Reply Comments


    Last Updated - June 22, 2009