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HF 2395

as introduced - 87th Legislature (2011 - 2012) Posted on 02/20/2012 01:13pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2012

Current Version - as introduced

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A bill for an act
relating to natural resources; authorizing and clarifying the use of general
permits; amending Minnesota Statutes 2010, sections 84.0895, subdivision
7; 97A.401, subdivision 1; 103G.245, subdivision 3; 103G.271, subdivision
1; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
Minnesota Statutes 2011 Supplement, section 103G.615, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:


Subd. 7.

General exceptions.

(a) The commissioner may new text begin issue permits and
new text end prescribe conditions for an act otherwise prohibited by subdivision 1 if:

(1) the act is for the purpose of zoological, educational, or scientific study;

(2) the act enhances the propagation or survival of the affected species;

(3) the act prevents injury to persons or property; or

(4) the social and economic benefits of the act outweigh the harm caused by it.

(b) new text begin The commissioner may issue a general permit to a governmental subdivision or
to the general public to conduct one or more acts described in paragraph (a).
new text end

new text begin (c) new text end A member of an endangered species may not be destroyed undernew text begin paragraph (a),new text end
clause (3) or (4)new text begin ,new text end until all alternatives, including live trapping and transplantation, have
been evaluated and rejected. The commissioner may prescribe conditions to propagate
a species or subspecies.

deleted text begin (c)deleted text end new text begin (d)new text end A person may capture or destroy a member of an endangered species, without
permit, to avoid an immediate and demonstrable threat to human life or property.

deleted text begin (d)deleted text end new text begin (e)new text end The commissioner must give approval under this subdivision for forest
management, including permit, sale, or lease of land for timber harvesting.

Sec. 2.

Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:


Subdivision 1.

Commissioner's authority.

The commissioner may issue special
permits for the activities in this section.new text begin A special permit may be issued in the form of a
general permit to a governmental subdivision or to the general public to conduct one or
more activities under subdivisions 2 to 7.
new text end

Sec. 3.

Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:


Subd. 3.

Permit application.

Application for a public waters work permit must
be in writing to the commissioner on forms prescribed by the commissioner. The
commissioner may issue a state general permit to a governmental subdivision or to the
general public deleted text begin for classes of activities having minimal impact upon public watersdeleted text end under
which more than one project may be conducted under a single permit.

Sec. 4.

Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:


Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.

(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes.

(c) The commissioner may issue a state general permit for appropriation of water
to a governmental subdivision or to the general public deleted text begin for classes of activities that have
minimal impact upon waters of the state
deleted text end . The general permit may authorize more than
one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3
, are required for each project or water source that is included under a
general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
annually.

Sec. 5.

Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:


Subd. 2.

Permit application new text begin and notification new text end fees.

(a) A deleted text begin permit applicationdeleted text end fee
to defray the costs of receiving, recording, and processing deleted text begin the applicationdeleted text end must be paid
for a permit new text begin application new text end authorized under this chapter deleted text begin anddeleted text end new text begin , except for a general permit
application,
new text end for each request to amend or transfer an existing permitnew text begin , and for a notification
to request authorization to conduct a project under a general permit
new text end . Fees established
under this subdivision, unless specified in paragraph (c), shall be compliant with section
16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year
must be assessed fees to recover the costs incurred to evaluate the project and the costs
incurred for environmental review. Fees collected under this paragraph must be credited
to an account in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b)deleted text begin ;deleted text end new text begin , and fornew text end a permit to construct or repair a dam that is subject to dam safety
inspectiondeleted text begin ; or a state general permitdeleted text end is $150. The application fee for a permit to work in
public waters or to divert waters for mining must be at least $150, but not more than
$1,000.new text begin The fee for a notification to request authorization to conduct a project under a
general permit is $100.
new text end

Sec. 6.

Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:


Subd. 4.

Refund of fees prohibited.

A permit applicationnew text begin , general permit
notification,
new text end or field inspection fee may not be refunded for any reason, even if the
application new text begin or request new text end is denied or withdrawn.

Sec. 7.

Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:


Subd. 5.

State and federal agencies exempt from fee.

A permit applicationnew text begin ,
general permit notification,
new text end or field inspection fee may not be imposed on any state agency,
as defined in section 16B.01, or federal governmental agency applying for a permit.

Sec. 8.

Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to read:


Subd. 5a.

Town fees limited.

Notwithstanding this section or any other law, no
permit applicationnew text begin , general permit notification,new text end or field inspection fee charged to a town
in connection with the construction or alteration of a town road, bridge, or culvert shall
exceed $100.

Sec. 9.

Minnesota Statutes 2010, section 103G.611, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin General permits. new text end

new text begin The commissioner may issue a general permit to
a governmental subdivision or to the general public to conduct one or more projects
described in subdivision 1. A fee of $100 may be charged for each aeration system used
under a general permit.
new text end

Sec. 10.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
is amended to read:


Subdivision 1.

Issuance; validity.

(a) new text begin The commissioner may issue a state general
permit to a governmental subdivision or to the general public to conduct one or more
projects described in this subdivision.
new text end The commissioner may issue permits, with or
without a fee, to:

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;

(2) transplant aquatic plants into public waters;

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.

(b) Application for a permit new text begin and a notification to request authorization to conduct a
project under a general permit
new text end must be accompanied by a deleted text begin permitdeleted text end fee, if required.

(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.

new text begin (d) A general permit may authorize a project for more than one growing season.
new text end

Sec. 11.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
is amended to read:


Subd. 2.

Fees.

(a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
days after it has been reported to the legislature. The fees shall not exceed $2,500 per
permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and monitor
the activities authorized by the permit, and enforce aquatic plant management rules and
permit requirements.

(b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.

(c) A fee may not be charged to the state or a federal governmental agency applying
for a permit.

(d) A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size shall be one-half of the fee established under
paragraph (a).

(e) The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account.

new text begin (f) The fee for processing a notification to request authorization for work under a
general permit is $30, until the commissioner establishes a fee by rule as provided under
this subdivision.
new text end