SF 4446
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 09:43 a.m.
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23
3.24 3.25 3.26 3.27 3.28
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10
5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10 6.11 6.12 6.13
6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9
8.10 8.11
A bill for an act
relating to natural resources; modifying provisions for soil and water conservation;
amending Minnesota Statutes 2024, sections 103C.005; 103C.201, subdivision 7;
103C.225, subdivision 4; 103C.331, subdivisions 5, 6, 7, 9, 15; 103C.335;
103C.501, subdivisions 5, 7; 103G.2241, subdivisions 1, 2; repealing Minnesota
Statutes 2024, section 103C.101, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 103C.005, is amended to read:
103C.005 SOIL AND WATER CONSERVATION POLICY.
Maintaining and enhancing the quality of soil and water for the environmental and
economic benefits they produce, preventing degradation, and restoring degraded soil and
water resources of this state contribute greatly to the health, safety, economic well-being,
and general welfare of this state and its citizens. Land deleted text begin occupiersdeleted text end new text begin owners and authorized
agentsnew text end have the responsibility to implement practices that conserve the soil and water
resources of the state. Soil and water conservation measures implemented on private lands
in this state provide benefits to the general public by reducing erosion, sedimentation,
siltation, water pollution, and damages caused by floods. The soil and water conservation
policy of the state is to encourage deleted text begin land occupiers to conservedeleted text end new text begin conservation ofnew text end soil, water,
and the natural resources they support through the implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to
preserve natural resources;
(2) ensure continued soil health, as defined under section 103C.101, subdivision 10a,
and soil productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
Sec. 2.
Minnesota Statutes 2024, section 103C.201, subdivision 7, is amended to read:
Subd. 7.
Determination after referendum.
(a) The state board deleted text begin shalldeleted text end new text begin mustnew text end publish the
result of the referendum and then determine whether the operation of a district in the defined
boundaries is administratively feasible. In making the determination, the state board must
consider the policy in section 103C.005, anddeleted text begin :
deleted text end
deleted text begin
(1) the attitudes of the land occupiers in the defined boundaries;
deleted text end
deleted text begin
(2) the number of eligible voters who voted in the referendum;
deleted text end
deleted text begin
(3) the proportion of the votes cast in the referendum in favor of establishing the district
to the total number of votes cast;
deleted text end
deleted text begin
(4) the approximate wealth and income of the land occupiers of the proposed district;
deleted text end
deleted text begin
(5) the probable expense of carrying on erosion-control operations and related water
quality improvements within the district; and
deleted text end
deleted text begin (6)deleted text end other relevant economicnew text begin , scientific,new text end and social factors. The state board may not
determine that the operation of the proposed district within the defined boundaries is
administratively feasible unless a majority of the votes cast in the referendum on
establishment of the district have been cast in favor of establishing the district.
(b) If the state board determines that the operation of the district is not administratively
feasible, the state board shall record the determination and deny the petition. Six months
after the date of entry of a determination by the state board that operation of a proposed
district is not administratively feasible, a new petition may be filed and a new proceeding
started.
(c) If the state board determines that the operation of the district is administratively
feasible, it shall record the determination and proceed with the establishment and organization
of the district.
Sec. 3.
Minnesota Statutes 2024, section 103C.225, subdivision 4, is amended to read:
Subd. 4.
Determination by state board.
(a) The state board shall determine whether
the continued operation of the district board is administratively feasible and give
consideration tonew text begin :
new text end
new text begin (1)new text end the public policy under section 103C.005deleted text begin , and:deleted text end new text begin ;
new text end
deleted text begin
(1) the attitudes of land occupiers within the district;
deleted text end
deleted text begin
(2) the number of eligible voters who voted in the referendum;
deleted text end
deleted text begin
(3) the proportion of the votes cast in the referendum in favor of the discontinuance of
the district to the total number of votes cast;
deleted text end
deleted text begin
(4) the approximate wealth and income of the land occupiers of the district;
deleted text end
deleted text begin
(5) the probable expense of carrying on erosion-control operations and related water
quality improvements within the district;
deleted text end
deleted text begin (6) the plan to continuedeleted text end new text begin (2)new text end the powers, duties, and responsibilities of the district board;
and
deleted text begin (7)deleted text end new text begin (3)new text end other economicnew text begin , scientific,new text end and social factors relevant to the determination.
(b) If the state board determines that the continued operation of the district is
administratively feasible, the state shall record the determination and deny the petition.
(c) If the state board determines that the continued operation of the district is not
administratively feasible, the state board shall record the determination and certify the
determination to the district board. The state board may determine that the continued
operation of the district is not administratively feasible only when at least a majority of the
votes cast in the referendum have been cast in opposition to continuance and a satisfactory
plan to continue the powers, duties, and responsibilities of the district board is completed.
Sec. 4.
Minnesota Statutes 2024, section 103C.331, subdivision 5, is amended to read:
Subd. 5.
Demonstration projects.
A district may conduct demonstration projects within
the district deleted text begin on lands owned or administered by a state agency, with the cooperation of the
administering agency, and on other lands with the consent of the land occupier,deleted text end to
demonstrate practices deleted text begin whichdeleted text end new text begin thatnew text end implement the state policy specified in section 103C.005.
Sec. 5.
Minnesota Statutes 2024, section 103C.331, subdivision 6, is amended to read:
Subd. 6.
Implementing practices.
A district may implement any necessary practices
within the district, including structural measures and works of improvementnew text begin ,new text end to achieve the
purposes of this chapter and fulfill other statutory responsibilitiesdeleted text begin , on:deleted text end new text begin .
new text end
deleted text begin
(1) lands acquired by the district;
deleted text end
deleted text begin
(2) lands owned or administered by a public agency, with the cooperation of the
administering agency; and
deleted text end
deleted text begin
(3) other lands, with the consent of the land occupier.
deleted text end
Sec. 6.
Minnesota Statutes 2024, section 103C.331, subdivision 7, is amended to read:
Subd. 7.
Implementing soil and water conservation policy.
A district may cooperate
or enter into agreements deleted text begin withdeleted text end and furnish financial or other aid deleted text begin to a land occupier or
appropriate agencydeleted text end to implement this chapter and fulfill other statutory responsibilities,
subject to conditions the district board determines are necessary.
Sec. 7.
Minnesota Statutes 2024, section 103C.331, subdivision 9, is amended to read:
Subd. 9.
Using machinery and supplies.
A district may make available, on terms it
prescribes, deleted text begin to land occupiers within the district agricultural and engineering machinery and
equipment, fertilizer, seeds, seedlings, and other materialdeleted text end new text begin materialsnew text end or equipment deleted text begin that helps
land occupiers implement practices on their landdeleted text end to implement this chapter and fulfill other
statutory responsibilities.
Sec. 8.
Minnesota Statutes 2024, section 103C.331, subdivision 15, is amended to read:
Subd. 15.
Agreements for state or federal assistance.
(a) A district may apply for and
enter into an agreement or contract to obtain or use state or federal funding or assistance
under any law providing for state or federal funding or assistance for an authorized purpose
of the district.
(b) A district may:
(1) acquire any land, easements, or rights-of-way needed in connection with works of
improvement installed with federal or state assistance or funding;
(2) assume the proportionate share of the cost of installing works of improvement
involving state or federal funding or assistance that is equitable in consideration of anticipated
benefits from the improvements;
(3) arrange to defray costs of operating and maintaining works of improvement in
accordance with prescribed regulations;
(4) acquire or provide assurance that land deleted text begin occupiersdeleted text end new text begin owners or authorized agentsnew text end have
acquired the water rights and other rights, pursuant to state law, needed to install, maintain,
and operate the works of improvement; and
(5) obtain agreements to carry out recommended soil and water conservation measures
and prepare farm plans for owners of not less than 50 percent or other required percentage
of the lands situated in a drainage area above a retention reservoir installed with federal
assistance, as prescribed by applicable federal law, and may do any other acts necessary to
secure and use federal aid.
Sec. 9.
Minnesota Statutes 2024, section 103C.335, is amended to read:
103C.335 TECHNICAL AND ADMINISTRATIVE ASSISTANCE TO DISTRICTS.
At the request of local districts, the Agricultural Extension Service of the University of
Minnesota, county extension committees, and county extension agents shall:
(1) advise the districts in developing their comprehensive plan amendments and annual
work plans;
(2) in cooperation with the districts and the Natural Resources Conservation Service of
the United States Department of Agriculture, provide technical assistance and education deleted text begin to
land occupiersdeleted text end about conservation tillage practices and other soil conservation practices;
and
(3) participate in training district officials and employees in cooperation with the state
board.
Sec. 10.
Minnesota Statutes 2024, section 103C.501, subdivision 5, is amended to read:
Subd. 5.
Contracts by districts.
(a) A district may provide technical and financial
assistance deleted text begin to a land occupier or to a state or federal agencydeleted text end for practices and projects for:
(1) erosion or sedimentation control;
(2) improvements to water quality or water quantity;
(3) habitat enhancement;
(4) plant biodiversity;
(5) energy conservation; or
(6) climate adaptation, resiliency, or mitigation.
(b) A district, consistent with state board rules and policies, may contract to provide
technical and financial assistance for structural and nonstructural practices and projects.
(c) The state board or the district may not furnish any financial assistance for practices
designed only to increase land productivity.
(d) When a district determines that long-term maintenance of a system or practice is
desirable, the district or the state board may require that maintenance be made a covenant
upon the land for the effective life of the practice. A covenant under this subdivision shall
be construed in the same manner as a conservation restriction under section 84.65.
Sec. 11.
Minnesota Statutes 2024, section 103C.501, subdivision 7, is amended to read:
Subd. 7.
Inspections.
The district or the district's delegate must conduct site inspections
of conservation practices installed to determine deleted text begin if the land occupier is indeleted text end compliance with
design, new text begin installation, new text end operation, and maintenance specifications.
Sec. 12.
Minnesota Statutes 2024, section 103G.2241, subdivision 1, is amended to read:
Subdivision 1.
Agricultural activities.
A replacement plan for wetlands is not required
for:
(1) impacts to wetlands on agricultural land deleted text begin labeled prior-converted cropland and impacts
to wetlandsdeleted text end resulting from drainage maintenance activities new text begin that do not exceed the scope and
effect of drainage manipulations that occurred before December 23, 1985, and are new text end authorized
by the United States Department of Agriculture, Natural Resources Conservation Service,
on areas labeled deleted text begin farmed wetland, farmed-wetland pasture, and wetland. Thedeleted text end prior-converted
cropland, farmed wetland, farmed-wetland pasture, or wetland deleted text begin must be labeleddeleted text end on a valid
final certified wetland determination issued by the Natural Resources Conservation Service
deleted text begin in accordance with Code of Federal Regulations, title 7, part 12, as amendeddeleted text end . It is the
responsibility of the owner or operator of the land to provide a copy of the final certified
wetland determination to, and allow the Natural Resources Conservation Service to share
related information with, the local government unit and the board for purposes of verification;
new text begin
(2) until October 31, 2031, impacts to wetlands on agricultural land that:
new text end
new text begin
(i) was planted with annually seeded crops before July 1, except for crops that are
normally planted after that date, in eight out of the ten most recent years before the impact;
new text end
new text begin
(ii) was in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow
for a crop production purpose in eight out of the ten most recent years before the impact;
or
new text end
new text begin
(iii) was enrolled in a state or federal land conservation program and met the requirements
of item (i) or (ii) before enrollment;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end activities in a wetland conducted as part of normal farming practices. For purposes
of this clause, "normal farming practices" means farming, silvicultural, grazing, and ranching
activities such as plowing, seeding, cultivating, and harvesting for the production of feed,
food, and fiber products, but does not include activities that result in the draining of wetlands;
deleted text begin (3)deleted text end new text begin (4)new text end soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;
deleted text begin (4)deleted text end new text begin (5)new text end wetland impacts resulting from aquaculture activities, including pond excavation
and construction and maintenance of associated access roads and dikes, authorized under
and conducted in accordance with a permit issued by the United States Army Corps of
Engineers under section 404 of the federal Clean Water Act, United States Code, title 33,
section 1344, but not including construction or expansion of buildings;
deleted text begin (5)deleted text end new text begin (6)new text end wetland impacts resulting from wild rice production activities, including necessary
diking and other activities, authorized under and conducted in accordance with a permit
issued by the United States Army Corps of Engineers under section 404 of the federal Clean
Water Act, United States Code, title 33, section 1344; or
deleted text begin (6)deleted text end new text begin (7)new text end agricultural activities on agricultural land that is subject to the swampbuster
provisions of the federal farm program restrictionsnew text begin , including the use of an agricultural
wetland bank,new text end consistent with a memorandum of understanding and related agreements
between the board and the United States Department of Agriculture, Natural Resources
Conservation Service.
Sec. 13.
Minnesota Statutes 2024, section 103G.2241, subdivision 2, is amended to read:
Subd. 2.
Drainage.
(a) A replacement plan is not required for draining or filling of
wetlands, except for draining wetlands that have been in existence for more than 25 years,
resulting from maintenance and repair of existing drainage systems, including public drainage
systems.new text begin Public drainage systems can meet this requirement with documentation that:
new text end
new text begin
(1) a repair of the drainage system ordered by the drainage authority was completed
within the past 25 years in accordance with section 103E.701; or
new text end
new text begin
(2) ditch inspections were completed within the past 25 years as required under section
103E.705 and a repair was not ordered by the drainage authority during that time.
new text end
new text begin
(b) The exemption in paragraph (a) may only be applied to wetlands within or adjacent
to the part of the system that is documented to have been repaired or inspected in accordance
with paragraph (a), clause (1) or (2).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A public drainage authority may, as part of the repair of a public drainage system,
as defined in section 103E.005, subdivision 12, install control structures, realign the ditch,
construct dikes along the ditch, or make other modifications as necessary to prevent the
drainage of wetlands.
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 103C.101, subdivision 8,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: S4446-1
103C.101 DEFINITIONS.
Subd. 8.
Land occupier.
"Land occupier" means a person, corporation, or legal entity that holds title to or is in possession of land within a district as an owner, lessee, tenant, or otherwise.