HF 2432

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2017 01:28pm

A bill for an act
relating to natural resources; modifying water resources riparian protection
requirements; amending Minnesota Statutes 2016, section 103F.48, subdivision
3.

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

Section 1.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and
public drainage systems.

(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:

(1) for all public waters, the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and

(2) for public drainage systems established under chapter 103E, a 16.5-foot minimum
width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation
shall not impede future maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the board,
that provide water quality protection comparable to the buffer protection for the water body
that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource. new text begin A landowner, authorized agent,
or operator may request the soil and water conservation district to make a determination
whether a specific alternative water quality practice would meet the applicable requirements
under this section. If a landowner, authorized agent, or operator has requested, at least 90
days before the applicable effective date under paragraph (e), that the soil and water
conservation district make a determination, then the landowner must not be found
noncompliant until the soil and water conservation district has notified the landowner, agent,
or operator in writing whether the practice would meet the applicable requirements.
new text end

(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before:

(1) November 1, 2017, for public waters; and

(2) November 1, 2018, for public drainage systems.

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.