HF 1481

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 08:46am

A bill for an act
relating to natural resources; establishing no net loss of prairie provisions;
proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

new text begin [84.9697] NO NET LOSS OF NATIVE PRAIRIE; PUBLIC ENTITIES.
new text end

new text begin Subdivision 1. new text end

new text begin No net loss. new text end

new text begin No state or local government unit may destroy a
native prairie unless replaced by creating prairie of at least equal public value under a
replacement plan approved by the commissioner of natural resources under this section.
new text end

new text begin Subd. 2. new text end

new text begin Native prairie replacement plans. new text end

new text begin (a) The commissioner shall approve
native prairie replacement plans according to this section.
new text end

new text begin (b) Replacement must be guided by the following principles in descending order
of priority:
new text end

new text begin (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
native prairie;
new text end

new text begin (2) minimizing the impact by limiting the degree or magnitude of the activity and
its impact on native prairie; and
new text end

new text begin (3) compensating for the impact by replacing the prairie as provided under this
section.
new text end

new text begin (c) Prairie replacement under this section must create prairie meeting the
requirements of subdivision 3 in the ratio of one acre of replacement prairie for each
acre of destroyed native prairie.
new text end

new text begin Subd. 3. new text end

new text begin Prairie replacement requirements. new text end

new text begin (a) Prairie used to replace destroyed
native prairie under this section must be created using biologically diverse native prairie
plant species of a local ecotype originating in the same county as the replacement prairie
site or within 25 miles of the county's border. Priority must be given to prairie replacement
next to existing native prairie.
new text end

new text begin (b) Prairie replacement under this section must be overseen by an individual who
has a certificate in ecological restoration from the University of Minnesota.
new text end

new text begin Subd. 4. new text end

new text begin Native prairie location. new text end

new text begin The commissioner shall make existing maps
available for determining the presence and location of native prairie for purposes of this
section. A state or local unit of government may consult with the commissioner when the
presence or quantity of native prairie at a location cannot be determined.
new text end