Environmental

A Minnesota property owner wants to convert a wetland to a residential lot. Under the Minnesota Wetland Conservation Act, the first step in the required sequencing is:

APay into a mitigation bank
BHire an environmental consultant to assess the wetland
CDemonstrate that wetland impacts are avoided to the maximum extent practicable✓ Correct
DObtain local zoning approval

Explanation

The WCA requires a three-step sequencing approach: (1) Avoid all wetland impacts - demonstrate that the project cannot reasonably be done without affecting wetlands; (2) Minimize unavoidable impacts; (3) Mitigate remaining impacts through replacement. A developer must first demonstrate that avoiding the wetland is not feasible before proposing minimization or mitigation.

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