2006 Minnesota Statutes

103G.2372 ENFORCEMENT.
    Subdivision 1. Commissioner of natural resources. (a) The commissioner of natural
resources, conservation officers, and peace officers shall enforce laws preserving and protecting
groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal
activity adversely affecting groundwater quantity, a wetland, or public waters.
(b) In the order, or by separate order, the commissioner, conservation officer, or peace officer
may require restoration or replacement of the wetland or public waters, as determined by the local
soil and water conservation district for wetlands and the commissioner of natural resources for
public waters. Restoration or replacement orders may be recorded or filed in the office of the
county recorder or registrar of titles, as appropriate, in the county where the real property is
located by the commissioner of natural resources, conservation officers, or peace officers as a deed
restriction on the property that runs with the land and is binding on the owners, successors, and
assigns until the conditions of the order are met or the order is rescinded. Notwithstanding section
386.77, the agency shall pay the applicable filing fee for any document filed under this section.
    Subd. 2. Misdemeanor. A violation of an order issued under subdivision 1 is a misdemeanor
and must be prosecuted by the county attorney where the wetland or public waters are located or
the illegal activity occurred.
    Subd. 3. Restitution. The court may, as part of sentencing, require a person convicted
under subdivision 2 to restore or replace the wetland or public waters, as determined by the local
soil and water conservation district for wetlands and the commissioner of natural resources for
public waters.
History: 1991 c 354 art 6 s 18; 2000 c 382 s 15; 2001 c 146 s 8; 2005 c 138 s 2