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<br />e <br /> <br />e <br /> <br />. <br /> <br />9 . <br /> <br />Once the decision is made by the Council, another 30 day <br />waiting period is required to allow for appeals. Appeals <br />are first made to BWSR. These appeals can be made by <br />the applicant if denied or if approved by any of the <br />reviewing agencies or any member of the public. BWSR's <br />decision can also be appealed to a judge. <br /> <br />10. If a replacement plan makes it through the above steps, <br />typically the replacement would take place prior to the <br />filling or draining. This is one reason to bank wetland <br />credits with the State. Another thing the City could do <br />to ease the negative affects of this act on development, <br />is allow the wetland replacement to take place at the same <br />time as improvements in a development and cover the <br />replacement cost by a letter of credit to ensure it is <br />accomplished. <br /> <br />11. On a yearly basis for a five year period, City staff must <br />inspect and report to the State on whether or not <br />replacement wetlands are still functioning as wetlands. <br />The landowner on which a wetland is created, is <br />responsible to ensure it remains a wetland. However, if a <br />parcel that has replacement wetlands on it goes tax <br />forfeit, the City could ultimately be responsible to <br />ensure it is continuing as a wetland. The City must be <br />cautious of this situation. <br />