1.1 	A bill for an act
1.2 	relating to natural resources; providing for shoreland
1.3 	management; providing for comprehensive lake
1.4 	management; requiring rulemaking; amending Minnesota
1.5 	Statutes 2004, sections 103F.205, subdivisions 1, 4,
1.6 	by adding a subdivision; 103F.211, subdivision 1, by
1.7 	adding subdivisions; proposing coding for new law in
1.8 	Minnesota Statutes, chapter 103F.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 103F.205,
1.11 	subdivision 1, is amended to read:
1.12 		Subdivision 1.Applicability.  The definitions in this
1.13 	section apply to sections 103F.201 to 103F.225 103F.227.

1.14 	Sec. 2. Minnesota Statutes 2004, section 103F.205, is
1.15 	amended by adding a subdivision to read:
1.16 		Subd. 2a.Cumulative impact. "Cumulative impact" means
1.17 	the impact on the environment that results from incremental
1.18 	effects of a project in addition to other past, present, and
1.19 	reasonably foreseeable future projects, regardless of what
1.20 	person undertakes the other projects.  Cumulative impacts can
1.21 	result from individually minor but collectively significant
1.22 	projects taking place over a period of time.

1.23 	Sec. 3. Minnesota Statutes 2004, section 103F.205,
1.24 	subdivision 4, is amended to read:
1.25 		Subd. 4.Shoreland.  "Shoreland" means land located
1.26 	within the following distances from the ordinary high water
1.27 	elevation of public waters:
2.1 	(1) land within 1,000 feet from the normal ordinary high
2.2 	watermark of a lake, pond, or flowage public water basin as
2.3 	defined under section 103G.005, subdivisions 15 and 15a;
2.4 	(2) when a county or municipality elects, all land within
2.5 	the contributing watershed of a basin above the ordinary high
2.6 	watermark of a public water basin as defined under section
2.7 	103G.005, subdivisions 15 and 15a; and
2.8 	(2) (3) land within 300 feet of the ordinary high watermark
2.9 	of a river or stream or the landward side of a floodplain
2.10 	delineated by ordinance on the river or stream, whichever is
2.11 	greater.

2.12 	Sec. 4. Minnesota Statutes 2004, section 103F.211,
2.13 	subdivision 1, is amended to read:
2.14 		Subdivision 1.Adoption.  The commissioner shall adopt
2.15 	model standards and criteria for the subdivision, use, and
2.16 	development of shoreland in municipalities and areas outside of
2.17 	a municipality. The model standards and criteria apply to the
2.18 	shorelands of all public waters inventoried according to section
2.19 	103G.201.The standards and criteria must include:
2.20 	(1) the area of a lot and length of water frontage suitable
2.21 	for a building site;
2.22 	(2) the placement of structures in relation to shorelines
2.23 	and roads;
2.24 	(3) the placement and construction of sanitary and waste
2.25 	disposal facilities;
2.26 	(4) designation of types of land uses;
2.27 	(5) changes in bottom contours of adjacent public waters;
2.28 	(6) preservation of natural shorelands through the
2.29 	restriction of land uses;
2.30 	(7) variances from the minimum standards and criteria; and
2.31 	(8) for areas outside of a municipality only, a model
2.32 	ordinance.

2.33 	Sec. 5. Minnesota Statutes 2004, section 103F.211, is
2.34 	amended by adding a subdivision to read:
2.35 		Subd. 4.Oversight of local decisions. (a) A county or
2.36 	municipality shall provide the commissioner with notice of any
3.1 	approved planned unit development, cluster development, common
3.2 	interest community, subdivision plat, or conditional use permit
3.3 	that allows nonriparian access to public waters and all final
3.4 	decisions granting any variance.  Notice shall be provided to
3.5 	the commissioner within ten days of approval by the county or
3.6 	municipality.  The commissioner has 30 days from receipt of the
3.7 	notice in which to object to the approval or final decision made
3.8 	by the county or municipality.  When the commissioner notifies
3.9 	the county or municipality of an objection to an approval or
3.10 	final decision, the approval or final decision shall be held in
3.11 	abeyance pending completion of the review and appeal process
3.12 	under this subdivision.  The process shall be completed prior to
3.13 	any appeals to the district court under sections 394.27,
3.14 	subdivision 9, and 462.361.
3.15 	(b) When the commissioner notifies the county or
3.16 	municipality of an objection, the commissioner shall order a
3.17 	public hearing to be held within the county or municipality
3.18 	within 60 days following notification of the objection.  Notice
3.19 	of the public hearing must be published in the State Register
3.20 	and the official newspaper of the county or municipality.
3.21 	(c) The public hearing must be conducted by a review
3.22 	panel.  The review panel shall be composed of one person
3.23 	appointed by the affected county or municipality, one person
3.24 	appointed by the commissioner, and one board member of the local
3.25 	soil and water conservation district or districts within the
3.26 	county who must be selected by the other two members of the
3.27 	review panel at least 20 days before the hearing date.  The
3.28 	expenses and per diem of any member of the review panel who is
3.29 	not a state employee must be paid according to section 15.059,
3.30 	subdivision 3.
3.31 	(d) If the shoreland involved is located within a watershed
3.32 	district, the district may give the review panel its
3.33 	recommendations.
3.34 	(e) Within 30 days after completion of the hearing, the
3.35 	review panel shall issue its findings of fact, conclusions, and
3.36 	an order, which must be considered the final decision of a
4.1 	county or municipality under sections 394.27, subdivision 9, and
4.2 	462.361.  The county or municipality, the commissioner, or any
4.3 	person aggrieved by the decision of the review panel may appeal
4.4 	from the panel's order as provided under sections 394.27,
4.5 	subdivision 9, and 462.361.

4.6 	Sec. 6. Minnesota Statutes 2004, section 103F.211, is
4.7 	amended by adding a subdivision to read:
4.8 		Subd. 5.Cumulative impacts. A county or municipality
4.9 	shall consider the effect of cumulative impacts on the shoreland
4.10 	area and public water in exercising its authority to administer
4.11 	and enforce any shoreland management ordinance adopted according
4.12 	to section 103F.215 or 103F.221.

4.13 	Sec. 7. Minnesota Statutes 2004, section 103F.211, is
4.14 	amended by adding a subdivision to read:
4.15 		Subd. 6.Alternate standards. The commissioner may adopt
4.16 	expedited alternative shoreland management standards and
4.17 	criteria for defined areas within the state or for specific
4.18 	shoreland management issues, according to section 14.389.  The
4.19 	alternative shoreland management standards and criteria may
4.20 	include, but are not limited to, the requirements of subdivision
4.21 	1.

4.22 	Sec. 8. [103F.227] COMPREHENSIVE LAKE MANAGEMENT.
4.23 		Subdivision 1.Approval and administration. The
4.24 	commissioner may approve a comprehensive lake management plan
4.25 	submitted by a county or municipality.  A comprehensive lake
4.26 	management plan may be applied to an individual lake or to a
4.27 	related group of lakes.  When the commissioner approves a plan,
4.28 	the county or municipality shall administer and enforce the
4.29 	plan, including exercising the authorities granted to the
4.30 	commissioner under sections 84D.11; 103G.245, subdivision 5; and
4.31 	103G.615.
4.32 		Subd. 2.Plan requirements. To be approved by the
4.33 	commissioner, a comprehensive lake management plan must comply
4.34 	with all of the following requirements:
4.35 	(1) the county or counties in which the comprehensive lake
4.36 	plan will be in effect must have an approved local water
5.1 	management plan according to section 103B.315;
5.2 	(2) the county or municipality must have approved land use
5.3 	regulations in full force and effect according to sections
5.4 	103F.121, 103F.221, and 103F.335;
5.5 	(3) the comprehensive lake management plan must have
5.6 	approval from the board of commissioners for the county or
5.7 	counties in which the comprehensive lake plan will be in effect;
5.8 	(4) the comprehensive lake management plan must meet or
5.9 	exceed all administrative rules of state regulatory agencies;
5.10 	(5) the comprehensive lake management plan must address all
5.11 	significant water resource management issues affecting the water
5.12 	bodies encompassed by the plan.  Water resource management
5.13 	issues include, but are not limited to:
5.14 	(i) land use and subdivision;
5.15 	(ii) planned unit developments, cluster developments, and
5.16 	common interest communities;
5.17 	(iii) water supply and wastewater treatment;
5.18 	(iv) water surface use;
5.19 	(v) fish and wildlife management;
5.20 	(vi) aquatic plant management;
5.21 	(vii) exotic species management; and 
5.22 	(viii) nonriparian access lots; and 
5.23 	(6) the comprehensive lake management plan must be based
5.24 	upon an assessment and recognition of cumulative impacts, as
5.25 	defined under section 103F.205, on the water bodies encompassed
5.26 	by the plan.
5.27 		Subd. 3.Rulemaking. The commissioner shall adopt
5.28 	administrative rules governing the specific content and
5.29 	authorities of comprehensive lake management plans adopted under
5.30 	this section.  The rules shall address, but are not limited to,
5.31 	the following issues or concerns:
5.32 	(1) shoreland management;
5.33 	(2) floodplain management;
5.34 	(3) water surface use management;
5.35 	(4) fish and wildlife management;
5.36 	(5) aquatic plant management;
6.1 	(6) exotic species management;
6.2 	(7) nonriparian access lots;
6.3 	(8) a mechanism and procedure for technical assistance to
6.4 	local governmental units; and 
6.5 	(9) the establishment and empowerment of an interagency
6.6 	review panel to exercise the commissioner's authority under
6.7 	subdivisions 4 and 5.
6.8 		Subd. 4.Amendment approval. Any amendments to
6.9 	previously adopted comprehensive lake management plans, as well
6.10 	as any amendments to local governmental unit regulations that
6.11 	are enforced according to a comprehensive lake management plan,
6.12 	are not effective until approved by the commissioner.
6.13 		Subd. 5.Review authority. The commissioner may review
6.14 	and approve any conditional use permit, variance, planned unit,
6.15 	or cluster development approved by the local governmental unit
6.16 	according to this section.  The review authority shall be
6.17 	carried out according to section 103F.211, subdivision 4.

6.18 	Sec. 9. INTERIM RULES.
 6.19 	Within 90 days of the effective date of this act, the
6.20 	commissioner of natural resources shall adopt interim rules to
6.21 	implement sections 4, 5, and 7.  The interim rules are exempt
6.22 	from the rulemaking provisions of Minnesota Statutes, chapter 14.
6.23 	Minnesota Statutes, section 14.386, applies and the proposed
6.24 	rules must be submitted to the senate and house committees
6.25 	having jurisdiction over environment, natural resources, and
6.26 	agriculture policy at least 30 days before being published in
6.27 	the State Register.  The interim rules are effective for two
6.28 	years from the date of publication in the State Register, unless
6.29 	they are superseded by permanent rules.