4E Relating to environment and natural resources policy

ARTICLE 1 - NATURAL RESOURCES MISCELLANEOUS AND TECHNICAL

Establishing the Cuyuna country state recreation area citizens advisory council, sunset; extending the Minnesota river trail by adding a loop extension between Fort Ridgely state park and the cities of Redwood Falls and Sleepy Eye and a segment connecting the cities of Granite Falls and Montevideo; clarifying state park permit display requirements; modifying certain military personnel on leave provisions relating to park permits; authorizing a state park permit exemption and fee waiver for Croft mines historical park and Portsmouth mine lake overlook in the Cuyuna county state recreation area; regulating shoreland resorts; requiring counties and municipalities to allow resort owners to maintain and replace structures under certain conditions and to expand structure footprints to minimally meet federal, state or local dwelling standards or codes; providing for a change in ownership; specifying certain duties of the metropolitan council for planning activities addressing water supply needs; modifying contested case hearing notices requirements; "Uniform Environmental Covenants Act", defining certain terms, providing for the nature of rights under environmental covenants; specifying contents of environmental covenants; providing for the validity and the effect of environmental covenants on other instruments; providing for the relationship to other land use law; specifying notice and recording requirements; providing for the duration of environmental covenants, providing for modification or termination by administrative or court action; providing for the amendment or termination of environmental covenants by consent; providing for enforcement of environmental covenants; providing for uniformity of application and construction; providing for relation to federal electronic signatures in global and national commerce act; providing for recovery of litigation costs and expense; modifying commissioner of agriculture acquisition of property provisions to conform to the act; requiring the commissioner of transportation (DOT) to work with private individuals and groups to create native prairie markers within a railroad right of way; modifying metropolitan council water supply need planning activities requirements and removing certain requirements for public facilities plans; requiring the commissioner of natural resources (DNR) to initiate rulemaking for aquatic plant management permit issuance standards and authorizing rulemaking for minimum shoreland standards updates; requiring the commissioner of natural resources to establish a pilot project for Eurasian water milfoil control on Green lake in Kandiyohi county; requiring the director of Explore Minnesota tourism in collaboration with the commissioner of natural resources (DNR) to develop a voluntary Minnesota travel green program to recognize certain tourism businesses committed to protecting the environment and to promote the Explore Minnesota brand and to give the state and hospitality business participants a marketing edge, promote smart business practices, reduce costs, educate travelers, promote Minnesota travel and protect the environment, requiring report to the legislature; repealing a one day permit fee exemption for active military personnel

ARTICLE 2 - OFF-HIGHWAY VEHICLES

Requiring the commissioner of natural resources (DNR) to prescribe a season for off highway vehicle use on state forest lands, exception for designated forest roads, exemption from rulemaking requirements; establishing an off highway vehicle safety and conservation program to promote safe and responsible operation of off highway vehicles without environmental harm; prohibiting public employee worker displacement; requiring the commissioner to appoint an off highway vehicle safety advisory council; modifying all terrain vehicle (ATV) operating provisions; requiring youthful passengers and operators to wear helmets; requiring class 2 operators and passengers to wear seat belts; requiring parental authorization for operation under a certain age; modifying passenger regulations; limiting class 2 operation to forest roads and trails on department of natural resources lands; clarifying class 1 and 2 operation in ditches, banks and certain public roads; establishing and defining state forest traditional areas; requiring the commissioner to designate state forest traditional areas, exemption from rulemaking requirements; providing for vehicle restrictions; authorizing commissioner to classify portions of a limited forest as closed; repealing a class 2 vehicles operation provision; modifying the definition of motor vehicle under the open bottle law for off road recreational vehicles under certain conditions; repealing class 2 vehicle operation requirements

ARTICLE 3 - GAME AND FISH

Specifying certain temporary licensing restrictions for raising minnows, requiring legislative report; modifying the game bird definition; defining immediately released or returned to water fish; designating the Vermillion highlands wildlife management area in Dakota county; modifying taking protected animals damaging property provisions, authorizing the commissioner to prescribe rules for taking Canada geese; prohibiting convictions for persons in violation of license possession requirements under certain conditions, permitting certain license fee refunds and replacements; modifying the license year for fishing, angling, nonresident fishing, resident fish house and dark house and nonresident fish house licenses; imposing a penalty for taking wild animals during privileges suspension; authorizing residents under a certain age, possessing an apprentice hunter validation and accompanied by a parent or guardian to take small game; increasing the number of deer allowed to be taken with an all season license; eliminating the prohibition for using a commercial cold storage warehouse for protected wild animals; eliminating the prohibition of transporting the flesh of beaver, raccoon, rabbits and hare out of state; exempting veterans from the range and shooting exercise portion of the required course of instruction for the firearms safety certificate; authorizing the commissioner of natural resources to require written proof of prior military training or peace officer licensure; providing for an apprentice hunter certificate as a condition for obtaining an annual license to take wild animals; specifying apprentice hunter validation requirements; modifying certain hunting provisions relating to hunting restrictions between evening and morning and all season deer licenses; exempting remote controlled animal noise callers from the general prohibition of hunters using radios to take game animals; removing the ban against the use of smokeless gunpowder in muzzle loaders during muzzle loader deer hunting season; authorizing the commissioner of natural resources to temporarily issue additional bear hunting permits for scientific, conservation or educational fund raising purposes; modifying information requirements for traps and snares; modifying permit requirements for fishing contests, imposing a fee for permits to conduct fishing contests, authorizing the commissioner to establish contest permit fees; authorizing the commissioner to prescribe restrictions on fishing seasons, limits or methods on specific bodies of water; imposing civil penalties on owners of fish houses unlawfully left on the ice; modifying the angling season for lake trout on lakes; reducing the number of commercial fishing licenses issued for lake Superior; modifying types of fish taken by pound nets and trap nets and clarifying the area of the lake; modifying the type of fish to be taken by operators with special permits; requiring the commissioner of natural resources to provide for taking of lake Superior lake trout by licensed commercial operators in certain zones for expanded assessment and sale; authorizing the commissioner to use the good clause exemption to amend rules; requiring the commissioner of natural resources to create a walk in public access plan to encourage private land owners to make land available to the public for hunting and fishing

ARTICLE 4 - STATE LANDS

Relating to state lands; increasing the land value threshold for the commissioner of natural resources (DNR) to acquire land without appraisal; specifying a land value for transaction incentive; requiring landowner disclosure of property value prior to offer; renaming the Greenleaf lake state park the Greenleaf lake state recreation area; regulating firewood possession on land administered by the department of natural resources for pest control purposes, requiring commissioner of natural resources approval of firewood and state register publication of approved firewood definition, violation subject to confiscation; modifying severed mineral interest recording requirements; exempting certain exchanged tax forfeited land from the land assurance fee in Itasca county; providing an addition and deletion to Flandrau state park in Brown county and an addition to Whitewater state park in Winona county; authorizing and providing for the public sale of certain surplus state land bordering public water in Aitkin, Cook, Nicollet, Red Lake and St. Louis counties, public sale of certain consolidated conservation land bordering public water in Aitkin county, private sale of certain consolidated conservation land in Aitkin county, public sale of consolidated conservation land in Aitkin county, conveyance of certain surplus state land bordering public water in Beltrami county, private sale of certain surplus state land bordering public water in Cass, Hennepin and Washington counties, private sale of certain surplus state land in Hennepin, Kittson, Lake and St. Louis counties, public or private sale of certain surplus state land bordering public water in Kittson county, private sales of tax forfeited land bordering public water in Crow Wing and Lake counties, conveyance of tax forfeited land bordering public water in Dakota county and authorizing the Lake County board to suspend the apportionment of the balance of net proceeds from tax-forfeited lands and retain the net proceeds for reimbursement to the county for the Clair A. Nelson memorial forest; repealing the Meeker county Greenleaf lake state park provision

ARTICLE 5 - WETLANDS CONSERVATION

Modifying provisions relating to wetland conservation; modifying certain agency service application requirements; modifying certain wetland replacement siting requirements; exempting wetlands created for conservation purposes and activities in wetlands restored or created by landowners without public agency assistance from wetland restoration replacement plan requirements; modifying certain replacement plan exemptions for federal approvals, utilities and public works; requiring the board of water and soil resources (BOWSR) to develop rules providing for exempt wetland impacts estimates and reporting; authorizing the board to develop a professional wetland delineator certification program; requiring wetland boundary or type determination decisions appeals made by designated local government staff to be made to local government units and specifying a response time; allowing restoration order appeals, removing a requirement for petitioner letter of credit or check; requiring the board to establish a fee schedule to defray certain administrative costs of appeals; modifying replacement credit requirements for water quality treatment ponds by removing the ongoing or proposed project association requirement; requiring BOWSR to use fees paid for appeals processing; modifying local comprehensive wetland protection and management plan content requirements; granting the board certain rulemaking authority; repealing a certain provision relating to approved development exemptions

ARTICLE 6 - ENVIRONMENTAL POLICY

Regulating the installation and replacement of outdoor lighting fixtures using public funds for energy conservation and outdoor artificial light pollution reduction purposes, specifying certain standards for publicly funded outdoor lighting fixtures and regulation exemptions; requiring the commissioner of administration in consultation with the commissioner of commerce and local government associations to develop a model ordinance, specifying ordinance requirements; exempting from the individual sewage treatment system mandatory licensing program designers, installers, inspectors and system operators of certain smaller systems; prohibiting the sale of mercury containing products and regulating disposal of fluorescent and high intensity discharge lamps, requiring delivery to lamp recycling facilities; specifying manufacturer labeling requirements for fluorescent and high intensity discharge lamps and laboratory chemicals and electrodes; prohibiting sale of mercury containing sphygmomanometers, gastrointestinal devices, thermostats, switches and relays, diostats, barometers, manometers, pyrometers, over the counter pharmaceuticals and cosmetics after a certain date; excluding switch, relay or measuring devices used as replacement components on a larger product under certain conditions; prohibiting school use of mercury after a certain date; updating the motor vehicle race events noise standards exemption; extending the prohibition for approving permits for the construction of new open air swine basins by the commissioner of the pollution control agency or county boards; restricting phosphorus content in dishwasher detergent, exception for commercial or institutional dishwashing; modifying a pollution control agency wastewater phosphorous discharge rule provision effective date; requiring the PCA to report to environmental policy legislative committees on individual sewage treatment systems (ISTS); requiring the PCA, the environmental quality board and the commissioners of agriculture and natural resources to report to agriculture and environmental policy and budget committees on the biofuel production permits issuance process; authorizing the commissioner of the pollution control agency in consultation with the commissioners of agriculture, health, natural resources, the university of Minnesota and the United States environmental protection agency to report to the legislature on strategies to prevent endocrine disruptors entry into state waters

ARTICLE 7 - COMMUNITY AND FORESTRY

Providing for community forest management; authorizing the commissioner of agriculture to make grants to municipalities or enter into contracts with municipalities, nurseries, colleges, universities, state or federal agencies for new and emerging plant pest programs including research; defining community forest; authorizing foresters to provide advice in community forest management; modifying the Minnesota releaf program; defining and redefining certain terms; modifying certain duties, best methods and forest plan requirements of the commissioner of natural resources for forestry and forest protection purposes; authorizing the commissioner to establish experimental programs for the control of forest pests and shade tree pests; requiring posting of zones of infestation on the department of natural resources web site; clarifying and modifying certain infestation control and expenses provisions relating pests and shade tree pests; establishing the shade tree pest control grant program, authorizing the commissioner to make grants to aid in the control of shade tree pests, specifying certain grant eligibility requirements and rules and procedures applicable to municipalities; providing for the
certification of tree inspectors; expanding certain enforcement officer powers; repealing certain shade tree pest and disease control provisions

ARTICLE 8 - DRAINAGE

Modifying requirements for drainage ditch buffers; requiring permanent perennial vegetation planting approved by a drainage authority; authorizing drainage authorities to implement perennial vegetation buffer strips and side inlet controls, requiring an annual report to the board of water and soil resources (BOWSR); providing for restoration upon
damage or destruction; specifying a schedule for open drainage ditch inspection; making certain conforming amendments
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