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Minnesota Legislature

Office of the Revisor of Statutes

HF 1237

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying wild rice season and harvest authority;
modifying certain definitions; modifying state park permit requirements;
modifying authority to establish secondary units; eliminating liquor service at
John A. Latsch State Park; providing for establishment of boater waysides;
modifying watercraft and off-highway motorcycle operation requirements;
expanding snowmobile grant-in-aid program; modifying state trails; modifying
Water Law; providing for appeals and enforcement of certain civil penalties;
providing for taking wild animals to protect public safety; modifying Board
of Water and Soil Resources membership; modifying local water program;
modifying Reinvest in Minnesota Resources Law; modifying certain easement
authority; providing for notice of changes to public waters inventory; modifying
critical habitat plate eligibility; modifying cost-share program; amending
Minnesota Statutes 2008, sections 84.105; 84.66, subdivision 2; 84.793,
subdivision 1; 84.83, subdivision 3; 84.92, subdivision 8; 85.015, subdivisions
13, 14; 85.053, subdivision 3; 85.054, by adding subdivisions; 86A.05, by
adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1; 86B.311,
by adding a subdivision; 97A.321; 103B.101, subdivisions 1, 2; 103B.3355;
103B.3369, subdivision 5; 103C.501, subdivisions 2, 4, 5, 6; 103F.505;
103F.511, subdivisions 5, 8a, by adding a subdivision; 103F.515, subdivisions 1,
2, 4, 5, 6; 103F.521, subdivision 1; 103F.525; 103F.526; 103F.531; 103F.535,
subdivision 5; 103G.201; 168.1296, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2008, sections
85.0505, subdivision 2; 103B.101, subdivision 11; 103F.511, subdivision
4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3130; 8400.3160;
8400.3200; 8400.3230; 8400.3330; 8400.3360; 8400.3390; 8400.3500;
8400.3530, subparts 1, 2, 2a; 8400.3560.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 84.105, is amended to read:


84.105 WILD RICE SEASON.

Ripe wild rice may be harvested from deleted text beginJulydeleted text endnew text begin Augustnew text end 15 to September 30.

Sec. 2.

Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purpose of this section, the following terms have
the meanings given:

(1) "forest land" has the meaning given under section 89.001, subdivision 4;

(2) "forest resources" has the meaning given under section 89.001, subdivision 8;

(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;

(4) "riparian land" has the meaning given under section 103F.511, subdivision deleted text begin8adeleted text endnew text begin
8b
new text end
; and

(5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.

Sec. 3.

Minnesota Statutes 2008, section 84.793, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) After January 1, 1995, a
person less than 16 years of age operating an off-highway motorcycle on public lands
or waters must possess a valid off-highway motorcycle safety certificate issued by the
commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
deleted text begin on another off-highway motorcycledeleted text end by a person 18 years of age or oldernew text begin or participating in
an event for which the commissioner has issued a special use permit
new text end.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied deleted text beginon another off-highway
motorcycle
deleted text end by a person 18 years of age or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on
public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied deleted text beginon another off-highway motorcycledeleted text end by a person 18
years of age or older who holds a valid driver's license.

Sec. 4.

Minnesota Statutes 2008, section 84.83, subdivision 3, is amended to read:


Subd. 3.

Purposes for the account.

The money deposited in the account and
interest earned on that money may be expended only as appropriated by law for the
following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Parkdeleted text begin,deleted text endnew text begin;new text end on Lake of the Woodsdeleted text begin,deleted text endnew text begin;new text end on Rainy Lakedeleted text begin, anddeleted text endnew text begin;new text end on the following
lakes in St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and
Vermilionnew text begin; and on the following lakes in Cook County: Devil Track and Hungry Jacknew text end;

(2) for acquisition, development, and maintenance of state recreational snowmobile
trails;

(3) for snowmobile safety programs; and

(4) for the administration and enforcement of sections 84.81 to 84.91 and
appropriated grants to local law enforcement agencies.

Sec. 5.

Minnesota Statutes 2008, section 84.92, subdivision 8, is amended to read:


Subd. 8.

All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more
than six tires, that is limited in engine displacement of less than deleted text begin800deleted text endnew text begin 900new text end cubic centimeters
and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

Sec. 6.

Minnesota Statutes 2008, section 85.015, subdivision 13, is amended to read:


Subd. 13.

Arrowhead Region Trails, in Cook, Lake, St. Louis, new text beginPine, Carlton,
new text endKoochichingnew text begin,new text end and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The Northshore Trail shall originate in Duluth in St. Louis County and extend
northeasterly to Two Harbors in Lake County, thence northeasterly to Grand Marais in
Cook County, thence northeasterly to the international boundary in the vicinity of the
north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminatenew text begin; and
new text end

new text begin (4) The Minnesota-Wisconsin Boundary Trail shall originate in Duluth in St. Louis
County and extend southerly to St. Croix State Forest in Pine County
new text end.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 7.

Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:


Subd. 14.

Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
Carlton, and Washington Counties.

(a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State Capitol
and extend northerly and northeasterly to William O'Brien State Park, thence northerly
to Taylors Falls in Chisago County. deleted text beginOne segment shall be known as the Boundary Trail
and shall originate in Chisago County and extend into Duluth in St. Louis County.
deleted text end One
segment shall be known as the Browns Creek Trail and shall originate at Duluth Junction
and extend into Stillwater in Washington County. One segment shall be known as the
Munger Trail and shall originate at Hinckley in Pine County and extend through Moose
Lake in Carlton County to Duluth in St. Louis County. One segment shall be known
as the Alex Laveau Trail and shall originate in Carlton County at Carlton and extend
through Wrenshall to the Minnesota-Wisconsin border. One segment shall be established
that extends the trail to include the cities of Proctor, Duluth, and Hermantown in St.
Louis County.

(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
and nonmotorized riding and the remaining trails shall be developed primarily for riding
and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Gateway and Browns Creek Trails may be acquired by eminent domain.

Sec. 8.

Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:


Subd. 3.

deleted text beginSecond vehicledeleted text end new text beginMultiple-vehicle new text endpermits.

The commissioner shall
prescribe and issue deleted text beginsecond vehicledeleted text end new text beginmultiple-vehicle new text endstate park permits for persons who
own more than one motor vehicle and who request deleted text begina seconddeleted text endnew text begin thenew text end permit for deleted text beginthe second
vehicle
deleted text endnew text begin additional vehiclesnew text end on a form prescribed by the commissioner. deleted text beginThe commissioner
may issue an applicant only one second vehicle permit.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin John A. Latsch State Park. new text end

new text begin A state park permit is not required and a fee
may not be charged for motor vehicle entry or parking at the parking lot located adjacent
to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.
new text end

Sec. 10.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Greenleaf Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Greenleaf
Lake State Recreation Area.
new text end

Sec. 11.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 17. new text end

new text begin School-sanctioned activities. new text end

new text begin A state park permit is not required and a fee
may not be charged for vehicles transporting K-12 students engaged in school-sanctioned
activities at state parks.
new text end

Sec. 12.

Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin State boater wayside. new text end

new text begin (a) Boater waysides may be established to provide
for public use.
new text end

new text begin (b) No unit shall be authorized as a state boater wayside unless its proposed location
substantially satisfies the following criteria:
new text end

new text begin (1) contains resources that are desirable for use by boaters;
new text end

new text begin (2) is accessible by persons traveling by boat, canoe, or kayak; and
new text end

new text begin (3) may be near, associated with, or located within a unit of the outdoor recreation
system under this section.
new text end

new text begin (c) State boater waysides shall be administered by the commissioner of natural
resources in a manner that is consistent with the purpose of this subdivision. Facilities
for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be
provided when the commissioner determines that these activities are justifiable and
compatible with the resources and the natural environment.
new text end

Sec. 13.

Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:


Subdivision 1.

Secondary authorization; when permitted.

A unit of the outdoor
recreation system may be authorized wholly or partially within the boundaries of another
unit only when the authorization is consistent with the purposes and objectives of the
respective unitsnew text begin.new text end deleted text beginand only in the instances permitted below:
deleted text end

deleted text begin (a) The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and recreational
river, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (b) The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and recreational river,
trail, rest area, aquatic management area, wildlife management area, and water access site.
deleted text end

deleted text begin (c) The following units may be authorized wholly or partially within a state forest:
state park, state recreation area, historic site, wildlife management area, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
deleted text end

deleted text begin (d) The following units may be authorized wholly or partially within a state historic
site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and
water access site.
deleted text end

deleted text begin (e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access site and aquatic management area.
deleted text end

deleted text begin (f) The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and natural area, wilderness
area, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (g) The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river, aquatic management area,
and water access site.
deleted text end

deleted text begin (h) The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and recreational
river, and water access site.
deleted text end

Sec. 14.

Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:


Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for water access sites, for
aquatic management areas, deleted text beginordeleted text end for rest areasnew text begin, or for boater waysidesnew text end.

Sec. 15.

Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Law enforcement watercraft displaying emergency lights. new text end

new text begin When
approaching and passing a law enforcement watercraft with its emergency lights
activated, the operator of a watercraft must safely move the watercraft away from the law
enforcement watercraft and maintain a slow-no wake speed while within 150 feet of
the law enforcement watercraft.
new text end

Sec. 16.

Minnesota Statutes 2008, section 97A.321, is amended to read:


97A.321 DOGS PURSUING OR KILLING BIG GAME.

new text begin Subdivision 1. new text end

new text begin Owner responsibility; penalty amount. new text end

The owner of a dog that
pursues but does not kill a big game animal is subject to a civil penalty of $100 for each
violation. The owner of a dog that kills a big game animal is subject to a civil penalty of
$500 for each violation.

new text begin Subd. 2. new text end

new text begin Appeals. new text end

new text begin Civil penalties under this section may be appealed according to
procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying
the commissioner in writing within 15 days after receipt of the citation. If a hearing
is not requested within the 15-day period, the civil penalty becomes a final order not
subject to further review.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin Civil penalties under this section may be enforced according
to section 116.072, subdivisions 9 and 10.
new text end

new text begin Subd. 4. new text end

new text begin Payment of penalty. new text end

new text begin Penalty amounts shall be remitted to the
commissioner within 30 days of issuance of the penalty notice and shall be deposited in
the game and fish fund.
new text end

Sec. 17.

new text begin [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.
new text end

new text begin A licensed peace officer may, at any time, take any protected wild animal that is
posing an immediate threat to public safety. A peace officer who destroys a protected wild
animal under this section must protect all evidence and report the taking to a conservation
officer as soon as practicable, but no later than 48 hours after the animal is destroyed.
new text end

Sec. 18.

Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The Board of Water and Soil Resources is composed
of deleted text begin12deleted text endnew text begin 15 appointednew text end members knowledgeable of water and soil problems and conditions
within the state and five ex officio members.

Sec. 19.

Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:


Subd. 2.

Voting members.

(a) The members are:

(1) three county commissioners;

(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of,
a governmental office, board, or agency;

new text begin (5) one township officer;
new text end

new text begin (6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section 473.121, subdivision 2;
new text end

deleted text begin (5)deleted text endnew text begin (7)new text end the commissioner of agriculture;

deleted text begin (6)deleted text endnew text begin (8)new text end the commissioner of health;

deleted text begin (7)deleted text endnew text begin (9)new text end the commissioner of natural resources;

deleted text begin (8)deleted text endnew text begin (10)new text end the commissioner of the Pollution Control Agency; and

deleted text begin (9)deleted text endnew text begin (11)new text end the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to deleted text begin(4)deleted text endnew text begin (6)new text end, must be distributed across
the state with at least deleted text beginthreedeleted text endnew text begin fournew text end members but not more than deleted text beginfivedeleted text endnew text begin sixnew text end members from the
metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the
current soil and water conservation administrative regions.

(c) Members in paragraph (a), clauses (1) to deleted text begin(4)deleted text endnew text begin (6)new text end, are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties,new text begin the Minnesota Association of Townships, the
League of Minnesota Cities,
new text end the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of
vacancies on the board for members in paragraph (a), clauses (1) to deleted text begin(4)deleted text endnew text begin (6)new text end, are as provided
in section 15.0575.

Sec. 20.

Minnesota Statutes 2008, section 103B.3355, is amended to read:


103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC
VALUES.

(a) The public values of wetlands must be determined based upon the functions of
wetlands for:

(1) water quality, including filtering of pollutants to surface and groundwater,
utilization of nutrients that would otherwise pollute public waters, trapping of sediments,
shoreline protection, and utilization of the wetland as a recharge area for groundwater;

(2) floodwater and stormwater retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and the reduction in potential
flooding by the wetland;

(3) public recreation and education, including hunting and fishing areas, wildlife
viewing areas, and nature areas;

(4) commercial uses, including wild rice and cranberry growing and harvesting
and aquaculture;

(5) fish, wildlife, native plant habitats;

(6) low-flow augmentation; deleted text beginand
deleted text end

(7)new text begin carbon sequestration; and
new text end

new text begin (8)new text end other public uses.

(b) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, shall adopt rules
establishing:

(1) scientific methodologies for determining the functions of wetlands; and

(2) criteria for determining the resulting public values of wetlands.

(c) The methodologies and criteria established under this section or other
methodologies and criteria that include the functions in paragraph (a) and are approved
by the board, in consultation with the commissioners of natural resources and agriculture
and local government units, must be used to determine the functions and resulting public
values of wetlands in the state. The functions listed in paragraph (a) are not listed in
order of priority.

(d) Public value criteria established or approved by the board under this section do
not apply in areas subject to local comprehensive wetland protection and management
plans established under section 103G.2243.

(e) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, may identify regions of
the state where preservation, enhancement, restoration, and establishment of wetlands
would have high public value. The board, in consultation with the commissioners, may
identify high priority wetland regions using available information relating to the factors
listed in paragraph (a). The board shall notify local units of government with water
planning authority of these high priority regions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
rulemaking that begins after that date.
new text end

Sec. 21.

Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to
read:


Subd. 5.

Financial assistance.

A base grant may be awarded to a county that deleted text beginleviesdeleted text endnew text begin
provides a match utilizing a water implementation tax or other local source.
new text end A water
implementation taxnew text begin that a county intends to use as a match to the base grant must be leviednew text end
at a ratedeleted text begin, which shall bedeleted text end determined by the board. The minimum amount of the water
implementation tax shall be a tax rate times the adjusted net tax capacity of the county for
the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent,
that, when applied to the adjusted net tax capacity for all counties, raises the amount of
$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised
by deleted text beginthat levydeleted text endnew text begin the local matchnew text end. If the amount necessary to implement the local water plan for
the county is less than $37,500, the amount of the base grant shall be the amount that,
when added to the deleted text beginlevydeleted text endnew text begin matchnew text end amount, equals the amount required to implement the plan.
For counties where the tax rate generates an amount equal to or greater than $18,750, the
base grant shall be in an amount equal to $18,750.

Sec. 22.

Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read:


Subd. 2.

Request by district board.

deleted text begin(a)deleted text end A district board requesting funds of the
state board must submit an application in a form prescribed by the board containing:

(1) a comprehensive plan;

(2) an annual work plan; and

(3) an application for cost-sharing funds.

deleted text begin (b) The comprehensive and annual work plans must be completed as provided in
section 103C.331, subdivision 11. After review of the district's comprehensive plan, the
state board must approve the comprehensive plan with necessary amendments or reject
the plan.
deleted text end

Sec. 23.

Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:


Subd. 4.

Cost-sharing funds.

(a) The state board shall allocate at least 70 percent
of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problemsnew text begin or water quantity problems due to altered hydrologynew text end. The areas must be
selected based on the statewide priorities established by the state board. The allocated
funds must be used for conservation practices for high priority problems identified in the
comprehensive and annual work plans of the districts.

(b) The remaining cost-sharing funds may be allocated to districts as follows:

(1) for technical and administrative assistance, not more than 20 percent of the
funds; and

(2) for conservation practices for lower priority erosion, sedimentation, or water
quality problems.

Sec. 24.

Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:


Subd. 5.

Contracts by districts.

(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality deleted text beginimprovementdeleted text endnew text begin or water quantity
improvements
new text end that are consistent with the district's comprehensive and annual work plans.

(b) The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.

(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.

(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.

(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the 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. 25.

Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:


Subd. 6.

new text beginPolicies and new text endrules.

(a) The state board new text beginmay adopt rules and new text endshall adopt
deleted text begin rulesdeleted text endnew text begin policiesnew text end prescribing:

(1) procedures and criteria for allocating funds for cost-sharing contracts;

(2) standards and guidelines for cost-sharing contracts;

(3) the scope and content of district comprehensive plans, plan amendments, and
annual work plans;

(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problemsnew text begin and water quantity problems due to altered hydrologynew text end;

(5) the share of the cost of conservation practices to be paid from cost-sharing
funds; and

(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority deleted text beginerosiondeleted text end problems.

(b) The rules may provide that cost-sharing may be used for deleted text beginfarmsteaddeleted text end windbreaks
and shelterbelts for the purposes of energy conservation and snow protection.

Sec. 26.

Minnesota Statutes 2008, section 103F.505, is amended to read:


103F.505 PURPOSE AND POLICY.

It is the purpose of sections 103F.505 to 103F.531 to deleted text beginkeepdeleted text endnew text begin restorenew text end certain marginal
agricultural land deleted text beginout of crop productiondeleted text endnew text begin and protect environmentally sensitive areasnew text end to
deleted text begin protectdeleted text endnew text begin enhancenew text end soil and water qualitynew text begin, minimize damage to flood-prone areas, sequester
carbon,
new text end and supportnew text begin native plant,new text end fishnew text begin,new text end and wildlife deleted text beginhabitatdeleted text endnew text begin habitatsnew text end. It is state policy to
encourage thenew text begin restoration of wetlands and riparian lands and promote thenew text end retirement of
marginal, highly erodible land, particularly land adjacent to public waters, drainage
systems, wetlands, and locally designated priority watersdeleted text begin, from crop production and to
reestablish a cover of perennial vegetation
deleted text end.

Sec. 27.

Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:


Subd. 5.

Drained wetland.

"Drained wetland" means a former natural wetland that
has been altered by draining, dredging, filling, leveling, or other manipulation sufficient
to render the land suitable for agricultural crop production. deleted text beginThe alteration must have
occurred before December 23, 1985, and must be a legal alteration as determined by the
commissioner of natural resources.
deleted text end

Sec. 28.

Minnesota Statutes 2008, section 103F.511, is amended by adding a
subdivision to read:


new text begin Subd. 8a. new text end

new text begin Reinvest in Minnesota reserve program. new text end

new text begin "Reinvest in Minnesota
reserve program" means the program established under section 103F.515.
new text end

Sec. 29.

Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:


Subd. deleted text begin8adeleted text endnew text begin 8bnew text end.

Riparian land.

"Riparian land" means lands adjacent to public
waters, drainage systems, wetlands, or locally designated priority waters deleted text beginidentified in a
comprehensive local water plan, as defined in section 103B.3363, subdivision 3
deleted text end.

Sec. 30.

Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:


Subdivision 1.

Establishment of program.

The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish
and administer deleted text begina conservationdeleted text endnew text begin the reinvest in Minnesotanew text end reserve program. The board
shall implement sections 103F.505 to 103F.531. Selection of land for the deleted text beginconservationdeleted text endnew text begin
reinvest in Minnesota
new text end reserve program must be based on itsnew text begin enhancementnew text end potential for
fish deleted text beginanddeleted text endnew text begin,new text end wildlife deleted text beginproductiondeleted text endnew text begin, and native plant habitatsnew text end, reducing erosion, and protecting
water quality.

Sec. 31.

Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:


Subd. 2.

Eligible land.

(a) Land may be placed in the deleted text beginconservationdeleted text endnew text begin reinvest in
Minnesota
new text end reserve program if the land meets the requirements of paragraphs (b) and (c).

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

(4) is land that with a windbreaknew text begin or water quality improvement practicenew text end would be
beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or

(10) is land deleted text beginon a hillsidedeleted text end used for pasture new text beginthat is marginal in naturenew text end.

(c) Eligible land under paragraph (a) must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;

(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, new text beginwellhead protection area,new text end or abandoned building site, or be a whole
field deleted text beginas defined by the United States Agricultural Stabilization and Conservation Servicesdeleted text end;

(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the deleted text beginconservationdeleted text endnew text begin reinvest in Minnesotanew text end reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and

(4) have been in agricultural crop production for at least two of the last five
years before the date of applicationnew text begin,new text end except drained wetlands, riparian lands, woodlots,
abandoned building sites,new text begin environmentally sensitive areas, wellhead protection area,new text end or
land deleted text beginon a hillsidedeleted text end used for pasture.

deleted text begin (d) In selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985.
deleted text end

new text begin (d) Land is eligible if the land is a wellhead protection area as defined under
section 103I.005, subdivision 24, and has a wellhead protection plan approved by the
commissioner of health.
new text end

(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.

Sec. 32.

Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:


Subd. 4.

Nature of property rights acquired.

(a) A conservation easement must
prohibit:

(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;

(2) agricultural crop productionnew text begin and livestock grazingnew text end, unless specifically approved
by the board for deleted text beginwildlifedeleted text endnew text begin conservationnew text end management purposes;new text begin and
new text end

deleted text begin (3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end spraying with chemicals or mowing, exceptnew text begin:
new text end

new text begin (i)new text end as necessary to comply with noxious weed control laws deleted text beginordeleted text endnew text begin;
new text end

new text begin (ii) fornew text end emergency control of pests necessary to protect public healthnew text begin; or
new text end

new text begin (iii) as approved by the board for conservation management purposesnew text end.

(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.

(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.

new text begin (d) Notwithstanding paragraph (a), the board must permit the harvest of native
grasses for use in seed production or bioenergy on wellhead protection lands eligible
under subdivision 2, paragraph (d).
new text end

Sec. 33.

Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:


Subd. 5.

Agreements by landowner.

The board may enroll eligible land in the
deleted text begin conservationdeleted text endnew text begin reinvest in Minnesotanew text end reserve program by signing an agreement in recordable
form with a landowner in which the landowner agrees:

(1) to convey to the state a conservation easement that is not subject to any prior
title, lien, or encumbrance;

(2) to seed the land subject to the conservation easement, as specified in the
agreement, to establish and maintain perennial cover of either a grass-legume mixture or
native grasses for the term of the easement, at seeding rates determined by the board; or
to plant trees or carry out other long-term capital improvements approved by the board
for soil and water conservation or wildlife management;

(3) to convey to the state a permanent easement for the wetland restoration;

(4) that other land supporting natural vegetation owned or leased as part of the
same farm operation at the time of application, if it supports natural vegetation deleted text beginordeleted text endnew text begin andnew text end
has not been used in agricultural crop production, will not be converted to agricultural
crop production or pasture; and

(5) that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources
if they determine that the changes effectuate the purpose of the program or facilitate
its administration.

Sec. 34.

Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:


Subd. 6.

Payments for conservation easements and establishment of deleted text begincoverdeleted text endnew text begin
conservation practices
new text end.

(a) The board deleted text beginmust make the followingdeleted text endnew text begin shall establish rates
for
new text end payments to the landowner for the conservation easement and deleted text beginagreement:deleted text endnew text begin related
practices. The board shall consider market factors, including the township average
equalized estimated market value of property as established by the commissioner of
revenue at the time of easement application.
new text end

deleted text begin (1) to establish the perennial cover or other improvements required by the agreement:
deleted text end

deleted text begin (i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost
not to exceed $125 per acre for limited duration easements and 100 percent of the total
eligible cost not to exceed $150 per acre for perpetual easements;
deleted text end

deleted text begin (ii) for native species restoration, 75 percent of the total eligible cost not to exceed
$200 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $300 per acre for perpetual easements; and
deleted text end

deleted text begin (iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600
per acre;
deleted text end

deleted text begin (2) for the cost of planting trees required by the agreement, up to 75 percent of the
total eligible cost not to exceed $250 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
deleted text end

deleted text begin (3) for a permanent easement, 70 percent of the township average equalized
estimated market value of agricultural property as established by the commissioner of
revenue at the time of easement application;
deleted text end

deleted text begin (4) for an easement of limited duration, 90 percent of the present value of the
average of the accepted bids for the federal conservation reserve program, as contained in
Public Law 99-198, in the relevant geographic area and on bids accepted at the time of
easement application; or
deleted text end

deleted text begin (5) an alternative payment system for easements based on cash rent or a similar
system as may be determined by the board.
deleted text end

deleted text begin (b) For hillside pasture conservation easements, the payments to the landowner in
paragraph (a) for the conservation easement and agreement must be reduced to reflect the
value of similar property.
deleted text end

deleted text begin (c)deleted text end new text begin(b)new text end The board may establish a payment system for flowage easements acquired
under this section.

deleted text begin (d)deleted text end new text begin(c)new text end For wetland restoration projects involving more than one conservation
easement, state payments for restoration costs may exceed the limits set deleted text beginforth in this sectiondeleted text endnew text begin
by the board
new text end for an individual easement provided the total payment for the restoration
project does not exceed the amount payable for the total number of acres involved.

deleted text begin (e)deleted text end new text begin(d)new text end The board may use available nonstate funds to exceed the payment limits
in this section.

Sec. 35.

Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:


Subdivision 1.

Cooperation.

In implementing sections 103F.505 to 103F.531, the
board must share information and cooperate with the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the United States Fish
and Wildlife Service, deleted text beginthe Agricultural Stabilization and Conservation Service and Soil
Conservation Service of
deleted text end the United States Department of Agriculture, the Minnesota
Extension Service, the University of Minnesota, county boards,new text begin soil and water conservation
districts, watershed districts,
new text end and interested private organizations and individuals.

Sec. 36.

Minnesota Statutes 2008, section 103F.525, is amended to read:


103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE
CONSERVATION PROGRAMS.

The board may supplement payments made under federal land retirement programs
to the extent of available appropriations deleted text beginother than bond proceedsdeleted text end. The supplemental
payments must be used to establish perennial cover on land enrolled or increase payments
for land enrollment in programs approved by the boarddeleted text begin, including the federal conservation
reserve program and federal and state water bank program
deleted text end.

Sec. 37.

Minnesota Statutes 2008, section 103F.526, is amended to read:


103F.526 FOOD PLOTS deleted text beginIN WINDBREAKSdeleted text end.

The boarddeleted text begin, in cooperation with the commissioner of natural resources,deleted text end may authorize
wildlife food plots on land deleted text beginwith windbreaksdeleted text endnew text begin enrolled in a conservation easement under
section 103F.515
new text end.

Sec. 38.

Minnesota Statutes 2008, section 103F.531, is amended to read:


103F.531 RULEMAKING.

The board may adopt rulesnew text begin or policynew text end to implement sections 103F.505 to 103F.531.
deleted text begin The rules must include standards for tree planting so that planting does not conflict with
existing electrical lines, telephone lines, rights-of-way, or drainage ditches.
deleted text end

Sec. 39.

Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:


Subd. 5.

Release and alteration of conservation easements.

Conservation
easements deleted text beginexisting under this section, as of April 30, 1992,deleted text end may be altered, released,
or terminated by the board deleted text beginof Water and Soil Resourcesdeleted text end after consultation with the
commissioners of agriculture and natural resources. The board may alter, release, or
terminate a conservation easement only if the board determines that the public interest and
general welfare are better served by the alteration, release, or termination.

Sec. 40.

Minnesota Statutes 2008, section 103G.201, is amended to read:


103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall deleted text beginpreparedeleted text end new text beginmaintain new text enda public waters inventory map of each
county that shows the waters of this state that are designated as public waters under the
public waters inventory and classification procedures prescribed under Laws 1979, chapter
199new text begin, and shall provide access to a copy of the maps and listsnew text end. deleted text beginThedeleted text end new text beginAs county new text endpublic waters
inventory deleted text beginmap for each county must be filed withdeleted text endnew text begin maps and lists are revised according to
this section, the commissioner shall send a notification or a copy of the maps and lists
to
new text end the auditor of deleted text beginthedeleted text end new text begineach affected new text endcounty.

(b) The commissioner is authorized to revise the list of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.

(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.

(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map and list of each
county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 41.

Minnesota Statutes 2008, section 168.1296, subdivision 1, is amended to read:


Subdivision 1.

General requirements and procedures.

(a) The commissioner shall
issue critical habitat plates to an applicant who:

(1) is a registered owner of a passenger automobilenew text begin, one-ton pickup trucknew text end or
recreational vehicle;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota critical habitat private
sector matching account established in section 84.943; and

(6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.

(b) The critical habitat plate application must indicate that the annual contribution
specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
and that the applicant may make an additional contribution to the account.

(c) Owners of new text beginone-ton pickup trucks or new text endrecreational vehicles under paragraph (a),
clause (1), deleted text beginaredeleted text endnew text begin may benew text end eligible deleted text beginonlydeleted text end for special critical habitat license plates deleted text beginfor which the
designs are selected under subdivision 2,
deleted text end on or after January 1, deleted text begin2006deleted text endnew text begin 2012new text end.

(d) Special critical habitat license platesdeleted text begin, the designs for which are selected under
subdivision 2, on or after January 1, 2006,
deleted text end may be personalized according to section
168.12, subdivision 2anew text begin, on or after January 1, 2012new text end.

Sec. 42. new text beginWILD RICE HARVEST AUTHORITY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 84.15, subdivision 1, until December
31, 2009, the commissioner of natural resources may, by posting, restrict or prohibit the
harvesting of wild rice on public waters based on the stage of ripeness of the wild rice
stands in the waters.
new text end

Sec. 43. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "conservation reserve program" to
"reinvest in Minnesota reserve program" wherever it appears in Minnesota Statutes,
sections 84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
new text end

Sec. 44. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2008, sections 85.0505, subdivision 2; 103B.101, subdivision
11; 103F.511, subdivision 4; and 103F.521, subdivision 2,
new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230;
8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530, subparts 1, 2, and 2a; and
8400.3560,
new text end new text begin are repealed.
new text end