HF 2634

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 12:56pm

A bill for an act
relating to natural resources; modifying ditch buffer provisions; amending
Minnesota Statutes 2015 Supplement, section 103F.48, subdivisions 3, 7, 11, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 3,
is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters
deleted text begin and public drainage systems deleted text end .

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

deleted text begin (1) deleted text end For all public waters, new text begin a landowner must maintain new text end the more restrictive of:

deleted text begin (i) deleted text end new text begin (1) new text end a 50-foot average width, 30-foot minimum width, continuous buffer of
perennially rooted vegetation; or

deleted text begin (ii) deleted text end new text begin (2) new text end the state shoreland standards and criteria adopted by the commissioner under
section 103F.211 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) for public drainage systems established under chapter 103E, a 16.5-foot
minimum width continuous buffer of perennially rooted vegetation on ditches within the
benefited area of public drainage systems.
deleted text end

(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.

(c) The width of a buffer 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.

(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 deleted text begin :
deleted text end

deleted text begin (1) deleted text end November 1, 2017 deleted text begin , for public waters; and
deleted text end

deleted text begin (2) November 1, 2018, for public drainage systems deleted text end .

Sec. 2.

Minnesota Statutes 2015 Supplement, section 103F.48, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Voluntary riparian protection on public drainage systems. new text end

new text begin (a) A
landowner owning property adjacent to a public drainage system established under
chapter 103E and identified and mapped on a buffer protection map may enter an
easement agreement with the board to maintain a 16.5-foot minimum width continuous
buffer of perennially rooted vegetation on ditches within the benefited area of the public
drainage system. Subdivision 3, paragraph (b), applies to easement agreements under
this subdivision.
new text end

new text begin (b) The board shall award compensation in an amount equal to 50 percent of the
value of the buffer, calculated by multiplying the acreage of the buffer by the greater of:
new text end

new text begin (1) the average equalized estimated market value of agricultural property in the
township as established by the commissioner of revenue at the time compensation is
made; or
new text end

new text begin (2) the assessed value per acre of the parcel containing the buffer, based on the
assessed value of the parcel as stated on the most recent tax statement.
new text end

new text begin (c) Subdivisions 6, 7, and 9 apply to easement agreements created under this
subdivision.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 7, is
amended to read:

Subd. 7.

Corrective actions.

(a) If the soil and water conservation district
determines a landowner is not in compliance with this section, the district must notify the
county deleted text begin or watershed district deleted text end with jurisdiction over the noncompliant site. The county deleted text begin or
watershed district deleted text end must provide the landowner with a list of corrective actions needed to
come into compliance and a practical timeline to meet the requirements in this section.
The county deleted text begin or watershed district deleted text end with jurisdiction must provide a copy of the corrective
action notice to the board.

(b) If the landowner does not comply with the list of actions and timeline provided,
the county deleted text begin or watershed district deleted text end may enforce this section under the authority granted in
section 103B.101, subdivision 12a. Before exercising this authority, a county deleted text begin or watershed
district deleted text end must adopt a plan containing procedures for the issuance of administrative penalty
orders and may issue orders beginning November 1, 2017. If a county deleted text begin or watershed
district deleted text end with jurisdiction over the noncompliant site has not adopted a plan under this
paragraph, the board may enforce this section under the authority granted in section
103B.101, subdivision 12a.

(c) If the county deleted text begin , watershed district, deleted text end or board determines that sufficient steps have
been taken to fully resolve noncompliance, all or part of the penalty may be forgiven.

(d) An order issued under paragraph (b) may be appealed to the board as provided
under subdivision 9.

(e) A corrective action is not required for conditions resulting from a flood or other
act of nature.

(f) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 11, is
amended to read:

Subd. 11.

State lands.

This section new text begin , except subdivision 3a, new text end applies to the state
and its departments and agencies. new text begin On state lands, state departments and agencies must
maintain a 16.5-foot minimum width continuous buffer of perennially rooted vegetation
on ditches within the benefited area of a public drainage system established under chapter
103E and identified and mapped on a buffer protection map.
new text end