HF 1466

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2017 01:37pm

A bill for an act
relating to natural resources; providing aid to counties and watershed districts to
assume jurisdiction for implementation and enforcement of the buffer law;
appropriating money; amending Minnesota Statutes 2016, section 103F.48,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 477A.

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

Section 1.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and
public drainage systems.

(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:

(1) for all public waters, the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and

(2) for public drainage systems established under chapter 103E, a 16.5-foot minimum
width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation
shall not impede future maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the board,
that provide water quality protection comparable to the buffer protection for the water body
that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource.

(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before:

(1) November 1 deleted text begin , 2017 deleted text end new text begin of the first year that aid payments are made under section 477A.21 new text end ,
for public waters; and

(2) November 1 deleted text begin , 2018 deleted text end new text begin of the year following the first year that aid payments are made
under section 477A.21 new text end , for public drainage systems.

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [477A.21] RIPARIAN PROTECTION AID.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "buffer protection map" has the meaning given under section 103F.48, subdivision
1; and
new text end

new text begin (2) "public watercourses" means natural and altered watercourses described under section
103G.005, subdivision 15, clauses (9) and (10).
new text end

new text begin Subd. 2. new text end

new text begin Certifications to commissioner. new text end

new text begin (a) The Board of Water and Soil Resources
must certify to the commissioner of revenue, on or before July 1 each year, which counties
and watershed districts have affirmed their jurisdiction under section 103F.48, and the
proportion of centerline miles of public watercourses, and miles of public drainage system
ditches on the buffer protection map, within each county and each watershed district within
the county with affirmed jurisdiction.
new text end

new text begin (b) On or before July 1 each year, the commissioner of natural resources shall certify to
the commissioner of revenue the statewide and countywide number of centerline miles of
public watercourses and miles of public drainage system ditches on the buffer protection
map.
new text end

new text begin Subd. 3. new text end

new text begin Distribution. new text end

new text begin (a) A county that is certified under subdivision 2, or that portion
of a county containing a watershed district certified under subdivision 2, is eligible to receive
aid under this section to enforce and implement the riparian protection and water quality
practices under section 103F.48. Each county's preliminary aid amount is equal to the
proportion calculated under paragraph (b) multiplied by the appropriation amount for the
appropriate year under subdivision 5.
new text end

new text begin (b) The commissioner must compute each county's proportion. A county's proportion is
equal to the ratio of the sum in clause (1) to the sum in clause (2):
new text end

new text begin (1) the sum of the total number of acres in the county classified as class 2a under section
273.13, subdivision 23, the countywide number of centerline miles of public watercourses
on the buffer protection map, and the countywide number of miles of public drainage system
ditches on the buffer protection map; and
new text end

new text begin (2) the sum of the statewide total number of acres classified as class 2a under section
273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
on the buffer protection map, and the statewide total number of public drainage system
miles on the buffer protection map.
new text end

new text begin (c) Aid to a county shall not be greater than $200,000 or less than $50,000. If the sum
of the preliminary aids payable to counties under paragraph (a) is greater or less than the
appropriation under subdivision 5, the commissioner of revenue must calculate the percentage
of adjustment necessary so that the total of the aid under paragraph (a) equals the total
amount available for aid under subdivision 5, subject to the minimum and maximum amounts
specified in this paragraph.
new text end

new text begin (d) If only a portion of a county is certified as eligible to receive aid under subdivision
2, the aid otherwise payable to that county under this section must be multiplied by a fraction,
the numerator of which is the buffer protection map miles of the certified watershed districts
contained within the county and the denominator of which is the total buffer protection map
miles of the county.
new text end

new text begin (e) Any aid that would otherwise be paid to a county or portion of a county that is not
certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for
enforcing and implementing the riparian protection and water quality practices under section
103F.48.
new text end

new text begin Subd. 4. new text end

new text begin Payments. new text end

new text begin The commissioner of revenue must compute the amount of riparian
protection aid payable to each eligible county and to the Board of Water and Soil Resources
under this section. On or before August 1 each year, the commissioner must certify the
amount to be paid to each county and the Board of Water and Soil Resources in the following
year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
must pay riparian protection aid to counties and to the Board of Water and Soil Resources
in the same manner and at the same time as aid payments under section 477A.015.
new text end

new text begin Subd. 5. new text end

new text begin Appropriations. new text end

new text begin $10,000,000 each year is appropriated from the general fund
to the commissioner of revenue to make the payments required under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to aids payable in 2017 and thereafter.
new text end