Minnesota Legislature
HF 3874
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 03:43pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/14/2024 |
Current Version - as introduced
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A bill for an act
relating to natural resources; modifying administrative penalty order authority for
enforcing public water and drainage ditch buffer requirements; making certain
lawns to legumes program data private; amending Minnesota Statutes 2022, sections
103B.101, subdivisions 12, 12a; 103F.48, subdivision 7; Minnesota Statutes 2023
Supplement, section 103B.104.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 103B.101, subdivision 12, is amended to read:
Subd. 12.
Authority to issue penalty orders.
(a) deleted text begin Except as provided under subdivision
12a,deleted text end The board may issue an order requiring violations to be corrected and administratively
assessing monetary penalties of up to $10,000 per violation for violations of this chapter
and chapters 103C, 103D, 103E, 103F, and 103G, any rules adopted under those chapters,
and any standards, limitations, or conditions established by the board.
(b) Administrative penalties issued by the board under paragraph (a) deleted text begin or subdivision 12a,deleted text end
may be appealed according to section 116.072, if the recipient of the penalty requests a
hearing by notifying the commissioner in writing within 30 days after receipt of the order.
For the purposes of this section, the terms "commissioner" and "agency" as used in section
116.072 mean the board. If a hearing is not requested within the 30-day period, the order
becomes a final order not subject to further review.
(c) Administrative penalty orders issued under paragraph (a) deleted text begin or subdivision 12a,deleted text end may
be enforced under section 116.072, subdivision 9. Penalty amounts must be remitted within
30 days of issuance of the order.
new text begin
(d) If the board determines that sufficient steps have been taken to fully resolve
noncompliance, all or part of a penalty issued under this subdivision may be forgiven.
new text end
Sec. 2.
Minnesota Statutes 2022, section 103B.101, subdivision 12a, is amended to read:
Subd. 12a.
Authority to issue penalty orders; counties and watershed districts.
(a)
A county or watershed district with jurisdiction deleted text begin or the Board of Water and Soil Resourcesdeleted text end
may issue an order requiring violations of the water resources riparian protection requirements
under sections 103F.415, 103F.421, and 103F.48 to be corrected and administratively
assessing monetary penalties up to deleted text begin $500deleted text end new text begin $10,000new text end for noncompliance commencing on day
one of the 11th month after the noncompliance notice was issued. The proceeds collected
from an administrative penalty order issued under this section must be remitted to the county
or watershed district with jurisdiction over the noncompliant site, or otherwise remitted to
the Board of Water and Soil Resources.
(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
a plan containing procedures for the issuance of administrative penalty orders by local
governments and the board as authorized in this subdivisionnew text begin and subdivision 12new text end . This plan,
and any subsequent amendments, deleted text begin will becomedeleted text end new text begin isnew text end effective 30 days after being published in
the State Register. deleted text begin The initial plan must be published in the State Register no later than July
1, 2017.
deleted text end
(c) Administrative penalties may be reissued and appealed under paragraph (a) according
to section 103F.48, subdivision 9.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 103B.104, is amended to read:
103B.104 LAWNS TO LEGUMES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance
to plant residential landscapes and community spaces with native vegetation and
pollinator-friendly forbs and legumes to:
(1) protect a diversity of pollinators with declining populations; and
(2) provide additional benefits for water management, carbon sequestration, and landscape
and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may give priority consideration for proposals
in areas identified by the United States Fish and Wildlife Service as areas where there is a
high potential for rusty patched bumble bees and other priority species to be present.
(c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and
promote the program.
new text begin
(d) Data on individuals who apply for or receive financial or technical assistance to plant
residential landscapes or community spaces under the program are classified as private data
on individuals, as defined by section 13.02, subdivision 12. Section 13.05, subdivision 11,
applies to an agreement between the board and a private person to implement the program.
new text end
Sec. 4.
Minnesota Statutes 2022, 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 or
watershed district with jurisdiction over the noncompliant site and the board. The county
or watershed district with jurisdiction or the board 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 or watershed district with jurisdiction must provide
a copy of the corrective action notice to the board.
(b) A county or watershed district exercising jurisdiction under this subdivision and the
enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section and section 103B.101, subdivision 12a, by notice to
the board prior to March 31, 2017. A county or watershed district must provide notice to
the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.
(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section under the authority granted in section
103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official
control of the county. Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
board must enforce this section under the authority granted in section 103B.101, subdivision
deleted text begin 12adeleted text end new text begin 12new text end .
(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.
(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.
(g) 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.