HF 1557

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 11:50am

A bill for an act
relating to water; prohibiting recording of restoration or replacement orders under
certain conditions; amending Minnesota Statutes 2016, section 103G.2372,
subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to
read:

Subdivision 1.

Authority; orders.

(a) The commissioner of natural resources,
conservation officers, and peace officers shall enforce laws preserving and protecting
groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
a conservation officer, or a peace officer may issue a cease and desist order to stop any
illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or peace
officer may require restoration or replacement of the wetland or public waters, as determined
by the local soil and water conservation district for wetlands and the commissioner of natural
resources for public waters. Restoration or replacement orders may be recorded or filed in
the office of the county recorder or registrar of titles, as appropriate, in the county where
the real property is located by the commissioner of natural resources, conservation officers,
or peace officers as a deed restriction on the property that runs with the land and is binding
on the owners, successors, and assigns until the conditions of the order are met or the order
is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee
for any document filed under this section.

new text begin (c) If a court has ruled that there has been no violation of the restoration or replacement
order, an order may not be recorded or filed under this section.
new text end

new text begin (d) If an order was recorded or filed before the effective date of this section and the deed
restriction would have been in violation of paragraph (c), the commissioner must remove
the deed restriction if the owner of the property requests the commissioner to remove it.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end