HF 4157

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying provisions relating to permits to harvest
or destroy aquatic plants; requiring rulemaking; amending Minnesota Statutes
2006, sections 103G.005, by adding a subdivision; 103G.615, subdivision 3,
by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 103G.005, is amended by adding a
subdivision to read:

new text begin Subd. 15e. new text end

new text begin Riparian access. new text end

new text begin "Riparian access" means both access to and beneficial
use of public waters by riparian owners. This use includes recreational and esthetic
enjoyment of the water contiguous to their shoreline.
new text end

Sec. 2.

Minnesota Statutes 2006, section 103G.615, subdivision 3, is amended to read:

Subd. 3.

Permit standards.

new text begin (a) new text end The commissioner shall, by rule, prescribe
standards to issue and deny permits under this section. The standards must ensure
that aquatic plant control is consistent with shoreland conservation ordinances, lake
management plans and programs, and wild and scenic river plans.

new text begin (b) On all public waters, a permit request for the mechanical or chemical control of
submerged vegetation or algae, or both, for 100 feet of shoreline per individual riparian
property owner or the full width of the property, whichever is less, shall be granted to allow
riparian access. No permit is required on waters of less than ten acres, excluding wetlands
or public waters wetlands, that have no continuous flowing outlets. new text end new text begin Permits issued under
this section are subject to the applicable littoral limits under subdivision 3b or 3c.
new text end

new text begin (c) Aquatic plant management permits are allowed for any of the following purposes:
new text end

new text begin (1) public safety;
new text end

new text begin (2) esthetics;
new text end

new text begin (3) ecological health; and
new text end

new text begin (4) recreational use.
new text end

new text begin (d) The commissioner shall not adopt changes to Minnesota Rules, chapter 6280,
except in conformance with this section.
new text end

Sec. 3.

Minnesota Statutes 2006, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Permit review. new text end

new text begin The commissioner shall deny, approve, or modify a
permit within 15 days of receiving an application.
new text end

Sec. 4.

Minnesota Statutes 2006, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Pesticide control restrictions. new text end

new text begin Pesticide control of aquatic plants in
public waters may not exceed 15 percent of the littoral area for native species, except at
the discretion of the commissioner. Up to 100 percent of invasive aquatic species may
be treated at the discretion of the commissioner. On waters that are 20 acres or less,
pesticide control for native species may be permitted on up to five acres or one-half the
surface area of the pond, whichever is less.
new text end

Sec. 5.

Minnesota Statutes 2006, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3c. new text end

new text begin Littoral limit exception. new text end

new text begin If use of pesticides to control aquatic plants was
allowed by permit before 1976 for more than 15 percent of the littoral area of a lake, the
limits permitted in 1976 remain in effect.
new text end

Sec. 6.

Minnesota Statutes 2006, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Mechanical devices. new text end

new text begin An automated untended aquatic plant control device
may be used by a person without a permit if:
new text end

new text begin (1) the area controlled does not exceed 2,500 square feet, except that a boat channel
extending to open water and not exceeding 15 feet in width may be maintained; and
new text end

new text begin (2) silt disturbed by the mechanical device is less than three inches deep.
new text end

Sec. 7. new text begin RULE AMENDMENT.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6280.0250, subpart 4, to delete item C. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
the amendment and Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end