HF 3437

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing a process for designating star lakes and
rivers; allowing for placement of star lake and river signs on highways; requiring
a report; proposing coding for new law in Minnesota Statutes, chapters 103B;
173.

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

Section 1.

new text begin [103B.701] STAR LAKES OR RIVERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "lake association" means an organized association for the purpose of addressing
issues on a specific lake or river, a lake improvement district, or a lake conservation
district; and
new text end

new text begin (2) "board" means the Board of Water and Soil Resources.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) A lake association may apply to the board for designation
as a star lake or river. The applicant must include a copy of a comprehensive management
plan for the lake or river.
new text end

new text begin (b) After review of the application, the board shall determine whether designation
as a star lake or river will be granted. The designation as a star lake or river becomes
effective the day following designation by the board. The board shall publish the decision
on a star lake or river designation in the State Register, including the effective date
of the designation.
new text end

new text begin (c) The star lake or river designation is effective until the earlier of:
new text end

new text begin (1) five years after the date of designation; or
new text end

new text begin (2) when the board finds that the lake association is not fulfilling the requirements of
this section or of the comprehensive lake or river management plan submitted.
new text end

new text begin (d) Within six months before the expiration date of the designation as a star lake
or river, a lake association may apply to continue the star lake or river designation under
this section.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A lake association applying for designation as a star lake
or river must:
new text end

new text begin (1) develop and update a comprehensive lake or river management plan as provided
in subdivision 4;
new text end

new text begin (2) maintain a membership or participation of at least 50 percent of the private
shoreland owners;
new text end

new text begin (3) participate in the Pollution Control Agency's citizen water quality monitoring
program under section 115.06, subdivision 4; and
new text end

new text begin (4) meet at least annually with staff from the Department of Natural Resources and
other appropriate state agencies in the development and monitoring of the comprehensive
lake or river management plan.
new text end

new text begin Subd. 4. new text end

new text begin Comprehensive lake or river management plan. new text end

new text begin (a) A comprehensive
lake or river management plan must include a summary of adopted shoreland zoning
ordinances in the area and any specific further restrictions supported by the lake
association and must address:
new text end

new text begin (1) increases in native vegetation in the littoral area of the lake or river, when
appropriate;
new text end

new text begin (2) increases in native vegetation on the shoreline areas of the lake or river, when
appropriate;
new text end

new text begin (3) prevention, reduction, or elimination of aquatic invasive species in the lake
or river;
new text end

new text begin (4) increasing or maintaining a healthy diverse fishery that is appropriate for the
lake or river;
new text end

new text begin (5) how the lake association will assure its involvement with total maximum daily
load stakeholder processes for any impaired waters that are identified within the watershed
of the lake or river;
new text end

new text begin (6) how the lake association will assure its involvement in public input opportunities
for various local comprehensive and project-specific planning and zoning processes;
new text end

new text begin (7) how the lake association will train and supply volunteers through approved
programs to generate data needed by state and local agencies in an appropriate format;
new text end

new text begin (8) education opportunities for shoreland owners and other entities that conduct
activities affecting the quality of the lake or river; and
new text end

new text begin (9) other activities that will coordinate with or enhance other state and local water
management efforts.
new text end

new text begin (b) The comprehensive lake or river management plan shall be updated within five
years of adoption by the lake association.
new text end

new text begin Subd. 5. new text end

new text begin State resources. new text end

new text begin State agencies may consider star lake or river designation
in determining the allocation of financial and staff resources.
new text end

new text begin Subd. 6. new text end

new text begin Board duties. new text end

new text begin (a) The board must work with private and public entities
to leverage the resources available to achieve maximum results for Minnesota star lakes
or rivers. The board may assist lake associations with finding appropriate technical
and financial assistance that is available and make recommendations to state agencies
regarding the manner in which technical or financial assistance can be most effectively
delivered. To the extent that money is available, the board may provide direct financial
assistance to meet specific needs of lake associations, when financial assistance is not
otherwise available, for:
new text end

new text begin (1) completing a comprehensive lake or river management plan when the lake
association does not have an existing management plan and the association is committed
to the goals of a plan, as specified in subdivision 4; and
new text end

new text begin (2) addressing specific issues of the lake or river to achieve or maintain the goals
of the lake or river management plan for lake associations that have achieved a star lake
or river designation.
new text end

new text begin (b) By December 1 of each even-numbered year, the board shall submit a report to
the legislature on the activities for which money has been or will be spent for the current
biennium, the applications for designation, and the star lakes or rivers designated by
the board.
new text end

Sec. 2.

new text begin [173.0855] STAR LAKE OR RIVER SIGNS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to erect. new text end

new text begin (a) A county, statutory or home rule charter
city, or town of Minnesota that contains a star lake or river designated under section
103B.701 may request the Department of Transportation to erect star lake or river signs
under section 161.139. One sign may be erected at each approach to a lake or river within
the right-of-way of an interstate or other highway that passes over the lake or river in the
Department of Transportation's eight-county metropolitan district or near or over the lake
or river in greater Minnesota. The Department of Transportation must bill the cost of the
signs erected under this section to the requester.
new text end

new text begin (b) An official lake or river sign on the right-of-way of an interstate or other highway
may be replaced with a star lake or river sign by the Department of Transportation under
section 161.139.
new text end

new text begin Subd. 2. new text end

new text begin Sign standards. new text end

new text begin The Department of Transportation shall design and
manufacture the star lake and river signs to specifications not contrary to other federal
and state highway sign standards.
new text end

Sec. 3. new text begin CITIZEN ADVISORY COMMITTEE.
new text end

new text begin By January 15, 2009, the Board of Water and Soil Resources shall submit
recommendations to the chairs of the house and senate committees having jurisdiction
over natural resources for the composition and authority of a citizens advisory committee
to provide input to the board on the process of designating lakes and rivers under
Minnesota Statutes, section 103B.701.
new text end