Minnesota Legislature
HF 1651
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to natural resources; appropriating money for environment and natural
1.3resources; modifying disposition of certain revenue; authorizing certain sales;
1.4modifying and creating certain accounts; modifying and establishing certain fees
1.5and surcharges; establishing an off-highway vehicle safety and conservation
1.6program; defining certain terms; providing for venison donation; providing for
1.7prairie establishment guidance; creating the Cuyuna Country State Recreation
1.8Area Citizens Advisory Council; exempting certain exchanged land from the
1.9tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited
1.10lands; modifying definition of public official; modifying agency service
1.11requirements; creating a grant program; designating a state wildlife management
1.12area; improving oversight of local government water management; modifying
1.13authority of watershed district board of managers and soil and water conservation
1.14board of supervisors; modifying provisions for wetland conservation; modifying
1.15requirements for ditch buffers; modifying provisions for individual sewage
1.16treatment systems; providing for civil enforcement; modifying provisions for
1.17regulating genetically engineered organisms; establishing requirements for
1.18acquisition of easements; modifying access to certain wetlands; modifying
1.19percentage of gasoline use attributable to all-terrain vehicles; modifying trail
1.20designation requirements; eliminating sunset of sustainable forest resources
1.21provisions; authorizing rulemaking; requiring reports and studies; amending
1.22Minnesota Statutes 2006, sections 10A.01, subdivision 35; 15.99, subdivision 3;
1.2316A.531, subdivision 1a; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272,
1.24by adding a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision
1.252; 84.963; 84D.13, subdivision 7; 85.054, by adding a subdivision; 86B.706,
1.26subdivision 2; 89.22, subdivision 2; 93.22, subdivision 1; 97A.055, subdivision
1.274; 97A.065, by adding a subdivision; 97A.133, by adding a subdivision;
1.2897A.475, subdivision 7, by adding a subdivision; 97A.485, subdivision 7;
1.2997C.081, subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding
1.30a subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2,
1.313, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
1.32103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
1.33subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3,
1.346, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2;
1.35103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a
1.36subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 296A.18,
1.37subdivision 4; Laws 2003, chapter 128, article 1, section 169; Laws 2006, chapter
1.38236, article 1, section 21; proposing coding for new law in Minnesota Statutes,
2.1chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing Minnesota Statutes
2.22006, sections 89A.11; 103G.2241, subdivision 8.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.8 The sums shown in the columns marked "Appropriations" are appropriated to the
2.9agencies and for the purposes specified in this article. The appropriations are from the
2.10general fund, or another named fund, and are available for the fiscal years indicated
2.11for each purpose. The figures "2008" and "2009" used in this article mean that the
2.12appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.13June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.14year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.15year ending June 30, 2007, are effective the day following final enactment.
2.29The amounts that may be spent for each
2.30purpose are specified in the following
2.31subdivisions.
3.3$2,348,000 the first year and $2,348,000
3.4the second year are for the clean water
3.5partnership program. Any balance remaining
3.6in the first year does not cancel and
3.7is available for the second year. This
3.8appropriation may be used for grants to
3.9local units of government for the purpose
3.10of restoring impaired waters listed under
3.11section 303(d) of the federal Clean Water
3.12Act in accordance with adopted total
3.13maximum daily loads (TMDL's), including
3.14implementation of approved clean water
3.15partnership diagnostic study work plans that
3.16will assist in restoration of such impaired
3.17waters.
3.18$2,324,000 the first year and $2,324,000
3.19the second year are for grants to delegated
3.20counties to administer the county feedlot
3.21program. The commissioner, in consultation
3.22with the Minnesota Association of County
3.23Feedlot Officers executive team, may use up
3.24to five percent of the annual appropriation
3.25for initiatives to enhance existing delegated
3.26county feedlot programs, information and
3.27education, or technical assistance to reduce
3.28feedlot-related pollution hazards. Any
3.29unexpended balance in the first year does not
3.30cancel but is available in the second year.
3.31$335,000 the first year and $335,000 the
3.32second year are for community technical
3.33assistance and education, including grants
3.34and technical assistance to communities for
3.35local and basinwide water quality protection.
4.1$405,000 the first year and $405,000 the
4.2second year are for individual sewage
4.3treatment system (ISTS) administration and
4.4grants. Of this amount, $86,000 each year
4.5is for assistance to counties through grants
4.6for ISTS program administration. Any
4.7unexpended balance in the first year does not
4.8cancel but is available in the second year.
4.9$480,000 the first year and $480,000 the
4.10second year are from the environmental
4.11fund to address the need for continued
4.12increased activity in the areas of new
4.13technology review, technical assistance
4.14for local governments, and enforcement
4.15under Minnesota Statutes, sections 115.55
4.16to 115.58, and to complete the requirements
4.17of Laws 2003, chapter 128, article 1, section
4.18165. Of this amount, $48,000 each year is for
4.19administration of individual septic tank fees.
4.20$375,000 the first year and $375,000 the
4.21second year are to monitor and analyze
4.22endocrine disruptors in surface waters in at
4.23least 20 additional sites. The data must be
4.24placed on the agency's Web site.
4.25$15,317,000 the first year and $15,317,000
4.26the second year are to implement the
4.27requirements of Minnesota Statutes, chapter
4.28114D. Of this amount, $6,317,000 each
4.29year is for completion of ten percent of the
4.30needed statewide assessments of surface
4.31water quality and trends and $9,000,000
4.32each year is to develop TMDL's and TMDL
4.33implementation plans for waters listed on
4.34the United States Environmental Protection
4.35Agency approved impaired waters list. The
5.1agency shall complete an average of ten
5.2percent of the TMDL's each year over the
5.3next ten years.
5.4$690,000 the first year and $690,000 the
5.5second year are from the environmental fund
5.6to provide regulatory services to the ethanol,
5.7mining, and other developing economic
5.8sectors.
5.9$88,000 the first year is for the endocrine
5.10disruptors report required to be completed
5.11under article 2.
5.12$550,000 is appropriated in fiscal year
5.132008 from the remediation fund to the
5.14commissioner of the Pollution Control
5.15Agency for transfer to the commissioner
5.16of health to conduct an evaluation of point
5.17of use water treatment units at removing
5.18perfluorooctanoic acid, perfluorooctane
5.19sulfonate, and perfluorobutanoic acid from
5.20known concentrations of these compounds
5.21in drinking water. The evaluation shall be
5.22completed by December 31, 2007, and the
5.23commissioner of health may contract for
5.24services to complete the evaluation.
5.25By January 15, 2008, the commissioner shall
5.26amend agency rules and, where legislative
5.27action is necessary, provide recommendations
5.28to the house of representatives and senate
5.29divisions on environmental finance on
5.30water and air fee changes that will result in
5.31revenue to the environmental fund to pay for
5.32regulatory services to the ethanol, mining,
5.33and other developing economic sectors.
5.34Notwithstanding Minnesota Statutes, section
5.3516A.28, the appropriations encumbered
6.1under contract on or before June 30, 2009,
6.2for clean water partnership, individual
6.3sewage treatment systems (ISTS), Minnesota
6.4River, total maximum daily loads (TMDL's),
6.5stormwater contracts or grants, and local and
6.6basinwide water quality protection contracts
6.7or grants in this subdivision are available
6.8until June 30, 2011.
6.12Up to $150,000 the first year and $150,000
6.13the second year may be transferred from the
6.14environmental fund to the small business
6.15environmental improvement loan account
6.16established in Minnesota Statutes, section
6.17116.993.
6.18$200,000 the first year and $200,000 the
6.19second year are from the environmental fund
6.20for a monitoring program under Minnesota
6.21Statutes, section 116.454.
6.22$125,000 the first year and $125,000 the
6.23second year are from the environmental fund
6.24for monitoring ambient air for hazardous
6.25pollutants in the metropolitan area.
6.26$760,000 the first year and $76,000 the
6.27second year are from the environmental fund
6.28to provide regulatory services to the ethanol,
6.29mining, and other developing economic
6.30sectors.
7.1All money for environmental response,
7.2compensation, and compliance in the
7.3remediation fund not otherwise appropriated
7.4is appropriated to the commissioners of the
7.5Pollution Control Agency and agriculture
7.6for purposes of Minnesota Statutes, section
7.7115B.20, subdivision 2, clauses (1), (2),
7.8(3), (6), and (7). At the beginning of each
7.9fiscal year, the two commissioners shall
7.10jointly submit an annual spending plan
7.11to the commissioner of finance and the
7.12house and senate chairs of environment and
7.13natural resources finance that maximizes the
7.14utilization of resources and appropriately
7.15allocates the money between the two
7.16departments. This appropriation is available
7.17until June 30, 2009.
7.18$3,616,000 the first year and $3,616,000
7.19the second year are transferred from the
7.20petroleum tank fund to the remediation fund
7.21for appropriation to the commissioner for
7.22purposes of the leaking underground storage
7.23tank program to protect the land.
7.24$252,000 the first year and $252,000 the
7.25second year are from the remediation fund to
7.26be transferred to the Department of Health
7.27for health assessments, drinking water
7.28advisories, and public information activities
7.29for areas contaminated by hazardous releases.
7.34$550,000 the first year and $550,000 the
7.35second year are from the environmental fund
8.1to provide regulatory services to the ethanol,
8.2mining, and other developing economic
8.3sectors.
8.4Notwithstanding Minnesota Statutes, section
8.516A.28, the appropriations encumbered
8.6under contract on or before June 30, 2009, for
8.7total maximum daily load (TMDL) contracts
8.8or grants are available until June 30, 2011.
8.10$14,000,000 each year is from the
8.11environmental fund for SCORE block grants
8.12to counties.
8.13Any unencumbered grant and loan balances
8.14in the first year do not cancel but are available
8.15for grants and loans in the second year.
8.16All money deposited in the environmental
8.17fund for the metropolitan solid waste landfill
8.18fee under Minnesota Statutes, section
8.19473.843, and not otherwise appropriated, is
8.20appropriated to the agency for the purposes
8.21of Minnesota Statutes, section 473.844.
8.22$119,000 the first year and $119,000 the
8.23second year are from the environmental
8.24fund for environmental assistance grants
8.25or loans under Minnesota Statutes, section
8.26115A.0716.
8.27$1,200,000 the first year and $1,200,000 the
8.28second year are from the environmental fund
8.29to retrofit school buses statewide, including
8.30buses for preschool children, and for loans to
8.31small trucking firms to install equipment to
8.32reduce fuel consumption. This is a onetime
8.33appropriation.
9.1Notwithstanding Minnesota Statutes, section
9.216A.28, the appropriations encumbered
9.3under contract on or before June 30,
9.42009, for environmental assistance grants
9.5awarded under Minnesota Statutes, section
9.6115A.0716, and for technical and research
9.7assistance under Minnesota Statutes,
9.8section 115A.152, technical assistance
9.9under Minnesota Statutes, section 115A.52,
9.10and pollution prevention assistance under
9.11Minnesota Statutes, section 115D.04, are
9.12available until June 30, 2011.
9.14The commissioner may transfer money from
9.15the environmental fund to the remediation
9.16fund as necessary for the purposes of the
9.17remediation fund under Minnesota Statutes,
9.18section 116.155, subdivision 2.
9.28The amounts that may be spent for each
9.29purpose are specified in the following
9.30subdivisions.
10.3$475,000 the first year and $475,000 the
10.4second year are for iron ore cooperative
10.5research. Of this amount, $200,000 each year
10.6is from the minerals management account in
10.7the natural resources fund and $275,000 each
10.8year is from the general fund. $237,500 the
10.9first year and $237,500 the second year are
10.10available only as matched by $1 of nonstate
10.11money for each $1 of state money. The
10.12match may be cash or in-kind.
10.13$86,000 the first year and $86,000 the
10.14second year are for minerals cooperative
10.15environmental research, of which $43,000
10.16the first year and $43,000 the second year are
10.17available only as matched by $1 of nonstate
10.18money for each $1 of state money. The
10.19match may be cash or in-kind.
10.20$2,800,000 the first year and $2,696,000
10.21the second year are from the minerals
10.22management account in the natural resources
10.23fund for use as provided in Minnesota
10.24Statutes, section 93.2236, paragraph (c).
10.25$200,000 the first year and $200,000 the
10.26second year are from the state forest suspense
10.27account in the permanent school fund to
10.28accelerate land exchanges, land sales, and
10.29commercial leasing of school trust lands and
10.30to identify, evaluate, and lease construction
10.31aggregate located on school trust lands. This
10.32appropriation is to be used for securing
10.33maximum long-term economic return
10.34from the school trust lands consistent with
10.35fiduciary responsibilities and sound natural
11.1resources conservation and management
11.2principles.
11.3$15,000 the first year is for a report
11.4by February 1, 2008, to the house and
11.5senate committees with jurisdiction over
11.6environment and natural resources on
11.7proposed minimum legal and conservation
11.8standards that could be applied to
11.9conservation easements acquired with public
11.10money.
11.11$701,000 the first year and $701,000 the
11.12second year are to support the land records
11.13management system. Of this amount,
11.14$326,000 the first year and $326,000 the
11.15second year are from the game and fish fund
11.16and $375,000 the first year and $375,000 the
11.17second year are from the natural resources
11.18fund.
11.23$310,000 the first year and $310,000 the
11.24second year are for grants for up to 50
11.25percent of the cost of implementing the Red
11.26River mediation agreement.
11.27$65,000 the first year and $65,000 the
11.28second year are for a grant to the Mississippi
11.29Headwaters Board for up to 50 percent of
11.30the cost of implementing the comprehensive
11.31plan for the upper Mississippi within areas
11.32under the board's jurisdiction.
11.33$5,000 the first year and $5,000 the second
11.34year are for payment to the Leech Lake Band
11.35of Chippewa Indians to implement the band's
12.1portion of the comprehensive plan for the
12.2upper Mississippi.
12.3$200,000 the first year and $200,000 the
12.4second year are for the construction of ring
12.5dikes under Minnesota Statutes, section
12.6103F.161. The ring dikes may be publicly
12.7or privately owned. Any unencumbered
12.8balance does not cancel at the end of the
12.9first year and is available for the second
12.10year. If the appropriation in the first year is
12.11insufficient, the appropriation for the second
12.12year is available in the first year.
12.13$1,280,000 the first year and $1,280,000 the
12.14second year are to support the identification
12.15of impaired waters and develop plans to
12.16address those impairments, as required by
12.17the federal Clean Water Act.
12.23$7,217,000 the first year and $7,217,000
12.24the second year are for prevention,
12.25presuppression, and suppression costs of
12.26emergency firefighting and other costs
12.27incurred under Minnesota Statutes, section
12.2888.12. If the appropriation for either
12.29year is insufficient to cover all costs of
12.30presuppression and suppression, the amount
12.31necessary to pay for these costs during the
12.32biennium is appropriated from the general
12.33fund.
12.34By November 15 of each year, the
12.35commissioner of natural resources shall
13.1submit a report to the chairs of the house
13.2and senate committees and divisions having
13.3jurisdiction over environment and natural
13.4resources finance, identifying all firefighting
13.5costs incurred and reimbursements received
13.6in the prior fiscal year. These appropriations
13.7may not be transferred. Any reimbursement
13.8of firefighting expenditures made to the
13.9commissioner from any source other than
13.10federal mobilizations shall be deposited into
13.11the general fund.
13.12$18,033,000 the first year and $18,393,000
13.13the second year are from the forest
13.14management investment account in the
13.15natural resources fund for only the purposes
13.16specified in Minnesota Statutes, section
13.1789.039, subdivision 2.
13.18$780,000 the first year and $780,000 the
13.19second year are for the Forest Resources
13.20Council for implementation of the
13.21Sustainable Forest Resources Act.
13.22$350,000 the first year and $350,000 the
13.23second year are for the FORIST timber
13.24management information system, other
13.25information systems, and for increased
13.26forestry management.
13.27$257,000 the first year and $264,000 the
13.28second year are from the game and fish
13.29fund to implement ecological classification
13.30systems (ECS) standards on forested
13.31landscapes. This appropriation is from
13.32revenue deposited in the game and fish fund
13.33under Minnesota Statutes, section 297A.94,
13.34paragraph (e), clause (1).
14.1$55,000 the first year and $55,000 the
14.2second year are to develop and implement
14.3a statewide information and education
14.4campaign regarding the proposed statewide
14.5ban on the transport, storage, or use of
14.6nonapproved firewood on state administered
14.7land.
14.8$75,000 the first year is to the Forest
14.9Resources Council for a task force on forest
14.10protection and $75,000 the second year is
14.11appropriated for grants to cities, counties,
14.12townships, special recreation areas, and park
14.13and recreation boards in cities of the first
14.14class for the identification, removal, disposal,
14.15and replacement of dead or dying shade trees
14.16lost to forest pests or disease. For purposes
14.17of this section, "shade tree" means a woody
14.18perennial grown primarily for aesthetic or
14.19environmental purposes with minimal to
14.20residual timber value. The commissioner
14.21shall consult with municipalities; park and
14.22recreation boards in cities of the first class;
14.23nonprofit organizations; and other interested
14.24parties in developing eligibility criteria.
14.25$50,000 the first year and $100,000 the
14.26second year are from the natural resources
14.27fund for forest road maintenance in support
14.28of all-terrain vehicle trails.
14.33$640,000 the first year and $640,000 the
14.34second year are from the water recreation
15.1account in the natural resources fund for state
15.2park water access projects.
15.3$3,996,000 the first year and $3,996,000 the
15.4second year are from the natural resources
15.5fund for state park and recreation area
15.6operations. This appropriation is from the
15.7revenue deposited in the natural resources
15.8fund under Minnesota Statutes, section
15.9297A.94, paragraph (e), clause (2).
15.10$5,000 each year is for payment of expenses
15.11of the Cuyuna Country State Recreation Area
15.12Citizens Advisory Council.
15.18$7,924,000 the first year and $7,924,000
15.19the second year are from the snowmobile
15.20trails and enforcement account in the natural
15.21resources fund for snowmobile grants-in-aid.
15.22The additional money under this paragraph
15.23may be used for new grant-in-aid trails. Any
15.24unencumbered balance does not cancel at the
15.25end of the first year and is available for the
15.26second year.
15.27$1,140,000 the first year and $1,132,000 the
15.28second year are from the natural resources
15.29fund for off-highway vehicle grants-in-aid.
15.30Of this amount, $790,000 the first year
15.31and $882,000 the second year are from the
15.32all-terrain vehicle account; $150,000 each
15.33year is from the off-highway motorcycle
15.34account; and $200,000 the first year and
15.35$100,000 the second year are from the
16.1off-road vehicle account. Any unencumbered
16.2balance does not cancel at the end of the first
16.3year and is available for the second year.
16.4$261,000 the first year and $261,000 the
16.5second year are from the water recreation
16.6account in the natural resources fund for a
16.7safe harbor program on Lake Superior.
16.8$742,000 the first year and $760,000
16.9the second year are from the natural
16.10resources fund for state trail operations
16.11and maintenance. The money may be used
16.12for trail maintenance, signage, mapping,
16.13interpretation, native prairie restoration
16.14using best management practices, and
16.15maintenance of nonmotorized forest trails.
16.16This appropriation is from the revenue
16.17deposited in the natural resources fund
16.18under Minnesota Statutes, section 297A.94,
16.19paragraph (e), clause (2).
16.20$32,000 the first year and $107,000 the
16.21second year are from the game and fish
16.22fund for expenditures on water access sites
16.23according to the requirements of the federal
16.24sport and fish restoration program.
16.30$410,000 the first year and $418,000 the
16.31second year are for resource population
16.32surveys in the 1837 treaty area. Of this
16.33amount, $274,000 the first year and $288,000
16.34the second year are from the game and fish
16.35fund.
17.1$8,061,000 the first year and $8,167,000
17.2the second year are from the heritage
17.3enhancement account in the game and
17.4fish fund for only the purposes specified
17.5in Minnesota Statutes, section 297A.94,
17.6paragraph (e), clause (1). Of this amount,
17.7$1,175,000 the first year and $1,175,000 the
17.8second year are for preserving, restoring, and
17.9enhancing grassland/wetland complexes on
17.10public lands.
17.11Notwithstanding Minnesota Statutes, section
17.1284.943, $13,000 the first year and $13,000
17.13the second year from the critical habitat
17.14private sector matching account may be used
17.15to publicize the critical habitat license plate
17.16match program.
17.17$8,000 the first year and $8,000 the second
17.18year are appropriated from the game and
17.19fish fund for transfer to the wild turkey
17.20management account for purposes specified
17.21in Minnesota Statutes, section 97A.075,
17.22subdivision 5.
17.23$108,000 the first year and $108,000 the
17.24second year are from the game and fish
17.25fund for costs associated with administering
17.26fishing contest permits.
17.27$182,000 the first year and $132,000 the
17.28second year are to accelerate wildlife health
17.29programs and to prevent the spread of
17.30disease from livestock and poultry to the
17.31wildlife population. $50,000 in the first
17.32year is for fencing cattle-feeding areas in
17.33bovine tuberculosis control zones, under the
17.34emergency deterrent materials assistance
17.35program in Minnesota Statutes, section
18.197A.028, subdivision 3. This appropriation
18.2is available until June 30, 2009. $66,000 of
18.3this amount is permanent.
18.4$575,000 the first year and $575,000 the
18.5second year are for preserving, restoring, and
18.6enhancing grassland/wetland complexes on
18.7public lands.
18.8$150,000 the first year and $150,000 the
18.9second year are from the game and fish fund
18.10to expand the roadsides for wildlife program.
18.11$175,000 the first year and $175,000 the
18.12second year are appropriated from the game
18.13and fish fund to the commissioner of natural
18.14resources for grants to Let's Go Fishing
18.15of Minnesota to promote opportunities for
18.16fishing. The grants must be matched with
18.17cash or in-kind contributions from nonstate
18.18sources. This is a onetime appropriation.
18.24$1,192,000 the first year and $1,223,000 the
18.25second year are from the nongame wildlife
18.26management account in the natural resources
18.27fund for the purpose of nongame wildlife
18.28management. Notwithstanding Minnesota
18.29Statutes, section 290.431, $100,000 the first
18.30year and $100,000 the second year may be
18.31used for nongame information, education,
18.32and promotion.
18.33$1,612,000 the first year and $1,636,000
18.34the second year are from the heritage
18.35enhancement account in the game and
19.1fish fund for only the purposes specified
19.2in Minnesota Statutes, section 297A.94,
19.3paragraph (e), clause (1), on public lands.
19.4$2,765,000 in the first year and $3,985,000
19.5in the second year, of which $1,795,000 the
19.6first year and $1,795,000 the second year
19.7are from the invasive species account in the
19.8natural resources fund for law enforcement
19.9and water access inspection to prevent the
19.10spread of invasive species, grants to manage
19.11invasive plants in public waters, technical
19.12assistance to grant applicants for improving
19.13lake quality, and management of terrestrial
19.14invasive species on state-administered lands.
19.15Priority shall be given to preventing the
19.16spread of aquatic invertebrates. An applicant
19.17for a grant to manage invasive plants in
19.18public waters must have a workable plan for
19.19improving water quality and reducing the
19.20need for additional treatment. Grants may
19.21not be made for chemicals that are likely
19.22endocrine disruptors. A plan to prevent the
19.23introduction of asian carp into Minnesota
19.24waters must be made available to the public
19.25by November 1, 2007.
19.26$125,000 the first year is to support
19.27a technical committee and for land
19.28management units that manage grass lands
19.29in order to develop plans to optimize native
19.30prairie seed harvest and replanting on
19.31state-owned lands. The work must use best
19.32management practices with an outcome of
19.33ensuring the survival of the native prairie
19.34remaining in Minnesota and to estimate the
19.35value of the seeds. Maximizing seed harvest
19.36may include allowing seed producers to keep
20.1a portion of the seed as compensation for
20.2supplying equipment and labor.
20.3The Department of Natural Resources
20.4in cooperation with the Department of
20.5Agriculture and the Board of Water and
20.6Soil Resources shall establish a technical
20.7advisory committee which has the expertise
20.8to develop (1) criteria to identify public and
20.9private marginal lands which could be used
20.10to produce native prairie seeds of a local
20.11ecotype or restore native prairies that could
20.12be used to produce clean energy and (2)
20.13guidelines for production that ensure high
20.14carbon sequestration, protection of wildlife
20.15and waters, and minimization of inputs and
20.16that do not compromise the survival of the
20.17native prairie remaining in Minnesota. In
20.18addition to agency members, the advisory
20.19committee shall have one member from
20.20each of two farm organizations, one member
20.21from a sustainable farmer organization, one
20.22member each from three rural economic
20.23development organizations, one member
20.24each from three environmental organizations,
20.25and one member each from three wildlife
20.26or conservation organizations. A report on
20.27outcomes from the technical committee is
20.28due December 15, 2007, to the legislative
20.29finance chairs on environment and natural
20.30resources.
20.31$50,000 in the first year is for the
20.32commissioner, in consultation with the
20.33Environmental Quality Board, to report to
20.34the house and senate committees having
20.35jurisdiction over environmental policy
20.36and finance by February 1, 2008, on the
21.1Mississippi River critical area program. The
21.2report shall include the status of critical
21.3area plans, zoning ordinances, the number
21.4and types of revisions anticipated, and the
21.5nature and number of variances sought. The
21.6report shall include recommendations that
21.7adequately protect and manage the aesthetic
21.8integrity and natural environment of the river
21.9corridor.
21.10$1,500,000 the first year and $1,500,000 the
21.11second year are to support the identification
21.12of impaired waters and develop plans to
21.13address those impairments, as required by
21.14the federal Clean Water Act.
21.21$100,000 each year is for a conservation
21.22officer position to be stationed at Mississippi
21.23Headwaters State Forest to work with local
21.24jurisdictions, including Native American
21.25reservations, in enforcing state law along
21.26the Mississippi River from Lake Itasca
21.27downstream to Lake Bemidji and in the
21.28Bemidji region.
21.29$1,082,000 the first year and $1,082,000 the
21.30second year are from the water recreation
21.31account in the natural resources fund for
21.32grants to counties for boat and water safety.
21.33$100,000 the first year and $100,000 the
21.34second year are from the remediation fund
22.1for solid waste enforcement activities under
22.2Minnesota Statutes, section 116.073.
22.3$315,000 the first year and $315,000 the
22.4second year are from the snowmobile
22.5trails and enforcement account in the
22.6natural resources fund for grants to local
22.7law enforcement agencies for snowmobile
22.8enforcement activities.
22.9$1,164,000 the first year and $1,164,000
22.10the second year are from the heritage
22.11enhancement account in the game and
22.12fish fund for only the purposes specified
22.13in Minnesota Statutes, section 297A.94,
22.14paragraph (e), clause (1).
22.15$225,000 the first year and $225,000
22.16the second year are from the natural
22.17resources fund for grants to county law
22.18enforcement agencies for off-highway
22.19vehicle enforcement and public education
22.20activities based on off-highway vehicle use
22.21in the county. Of this amount, $213,000 each
22.22year is from the all-terrain vehicle account,
22.23$11,000 each year is from the off-highway
22.24motorcycle account, and $1,000 each year
22.25is from the off-road vehicle account. The
22.26county enforcement agencies may use
22.27money received under this appropriation
22.28to make grants to other local enforcement
22.29agencies within the county that have a high
22.30concentration of off-highway vehicle use. Of
22.31this appropriation, $25,000 each year is for
22.32administration of these grants.
22.33$15,000 the first year and $5,000 the second
22.34year are from the off-road vehicle account
22.35in the natural resources fund to establish
23.1the off-road vehicle environment and safety
23.2education and training program under
23.3Minnesota Statutes, section 84.8015.
23.4$50,000 the first year and $225,000 the
23.5second year are from the natural resources
23.6fund for grants to qualifying off-highway
23.7vehicle organizations to assist in safety and
23.8environmental education and monitoring
23.9trails on public lands. Of this appropriation,
23.10$25,000 each year is for administration of
23.11these grants.
23.12Overtime must be distributed to conservation
23.13officers at historical levels; however, a
23.14reasonable reduction or addition may be
23.15made to the officer's allocation, if justified,
23.16based on an individual officer's workload. If
23.17funding for enforcement is reduced because
23.18of an unallotment, the overtime bank may be
23.19reduced in proportion to reductions made in
23.20other areas of the budget.
23.26$38,000 is from the game and fish fund for
23.27the study on the natural stands of wild rice
23.28required in article 2.
23.29$270,000 the first year and $270,000 the
23.30second year are from the natural resources
23.31fund for grants to be divided equally between
23.32the city of St. Paul for the Como Zoo
23.33and Conservatory and the city of Duluth
23.34for the Duluth Zoo. This appropriation
23.35is from the revenue deposited to the fund
24.1under Minnesota Statutes, section 297A.94,
24.2paragraph (e), clause (5).
24.3$55,000 in the first year and $7,000 in the
24.4second year are to be transferred to the
24.5Environmental Quality Board to fulfill the
24.6requirement of Minnesota Statutes, sections
24.7116C.92 and 116C.94.
24.10$4,102,000 the first year and $4,102,000 the
24.11second year are for natural resources block
24.12grants to local governments. The board may
24.13reduce the amount of the natural resources
24.14block grant to a county by an amount equal to
24.15any reduction in the county's general services
24.16allocation to a soil and water conservation
24.17district from the county's previous year
24.18allocation when the board determines that
24.19the reduction was disproportionate. Grants
24.20must be matched with a combination of local
24.21cash or in-kind contributions. The base grant
24.22portion related to water planning must be
24.23matched by an amount that would be raised
24.24by a levy under Minnesota Statutes, section
24.25103B.3369.
24.26$3,566,000 the first year and $3,566,000
24.27the second year are for grants requested
24.28by soil and water conservation districts for
24.29general purposes, nonpoint engineering,
24.30and implementation of the reinvest in
24.31Minnesota conservation reserve program.
24.32Upon approval of the board, expenditures
24.33may be made from these appropriations for
24.34supplies and services benefiting soil and
24.35water conservation districts. Any district
25.1requesting a grant under this paragraph
25.2shall create and maintain a Web page that
25.3publishes, at a minimum, its annual plan,
25.4annual report, annual audit, and annual
25.5budget, including membership dues and
25.6meeting notices and minutes.
25.7$3,250,000 the first year and $3,250,000
25.8the second year are for grants to soil and
25.9water conservation districts for cost-sharing
25.10contracts for erosion control and water
25.11quality management. Of this amount, at least
25.12$1,200,000 the first year and $1,200,000 the
25.13second year are for grants for cost-sharing
25.14contracts to establish and maintain vegetation
25.15buffers of restored native prairie and restored
25.16prairie using seeds of a local ecotype region.
25.17$300,000 the first year and $300,000 the
25.18second year are available to begin county
25.19cooperative weed management programs
25.20on natural lands and private lands enrolled
25.21in state and federal conservation programs
25.22and to restore native plants in selected
25.23invasive species management sites by
25.24providing local native seeds and plants
25.25to landowners for implementation. This
25.26appropriation is available until expended. If
25.27the appropriation in either year is insufficient,
25.28the appropriation in the other year is available
25.29for it. Notwithstanding Minnesota Statutes,
25.30section 103C.501, any balance in the board's
25.31cost-share program that remains from the
25.32fiscal year 2007 appropriation is available
25.33in an amount up to $2,000 for a grant to
25.34the Faribault Soil and Water Conservation
25.35District to pay for erosion repair on the Blue
25.36Earth River.
26.1The board shall develop a forestry practice
26.2docket for cost-share money.
26.3$100,000 the first year and $100,000 the
26.4second year are for a grant to the Red
26.5River Basin Commission to develop a Red
26.6River basin plan and to coordinate water
26.7management activities in the states and
26.8provinces bordering the Red River. The
26.9unencumbered balance in the first year does
26.10not cancel but is available for the second
26.11year.
26.12$5,450,000 the first year and $5,450,000
26.13the second year are for implementation of
26.14the Clean Water Legacy Act as follows:
26.15$1,500,000 each year is for targeted
26.16nonpoint restoration cost-share and incentive
26.17payments, of which up to $1,400,000
26.18each year is available for grants. Of this
26.19amount, $250,000 each year must be
26.20contracted for services with the Minnesota
26.21Conservation Corp. The grant funds are
26.22available until expended; $2,000,000 each
26.23year is for targeted nonpoint restoration and
26.24protection and technical, compliance, and
26.25engineering assistance activities, of which
26.26up to $1,700,000 each year is available for
26.27grants; $200,000 each year is for reporting
26.28and evaluating applied soil and water
26.29conservation practices; $1,650,000 each year
26.30is for grants to implement county individual
26.31sewage treatment system programs. Of this
26.32amount, after a county has complied with
26.33requirements to adopt ordinances pursuant
26.34to Minnesota Statutes, section 115.55,
26.35subdivision 2, the county may request grants
26.36of up to $60,000 the first year and $60,000
27.1the second year to inventory properties with
27.2individual sewage treatment systems that
27.3are an imminent threat to public health or
27.4safety due to water discharges of untreated
27.5sewage, and require compliance under an
27.6applicable ordinance. The grant amount
27.7shall be proportional to the number of
27.8properties expected to be inventoried. Each
27.9county receiving an appropriation under
27.10this paragraph shall report the number of
27.11inspections and the number determined to be
27.12an imminent threat to public health or safety
27.13to the Pollution Control Agency by February
27.141 of each year; and $100,000 each year is
27.15to the Minnesota River Basin Joint Powers
27.16Board, also known as the Minnesota River
27.17Board, for operating expenses to measure
27.18and report the results of projects in the 12
27.19major watersheds within the Minnesota
27.20River basin. If the appropriation in either
27.21year is insufficient, the appropriation in
27.22the other year is available for it. All of
27.23the money appropriated in this paragraph
27.24as grants to local governments shall be
27.25administered through the Board of Water
27.26and Soil Resources' local water resources
27.27protection and management program under
27.28Minnesota Statutes, section 103B.3369.
27.29$140,000 the first year and $140,000
27.30the second year are for a grant to Area
27.31II, Minnesota River Basin Projects,
27.32for floodplain management, including
27.33administration of programs.
27.34$1,120,000 the first year and $1,060,000 the
27.35second year may be spent for the following
27.36purposes to support implementation of the
28.1Wetland Conservation Act: $500,000 each
28.2year is to make grants to local units of
28.3governments to improve response to major
28.4wetland violations; $500,000 each year is for
28.5staffing to provide adequate state oversight
28.6and technical support to local governments
28.7administering the Wetland Conservation Act;
28.8$60,000 each year is for staff to monitor and
28.9enforce wetland replacement and wetland
28.10bank sites; and $60,000 the first year is
28.11for rulemaking required by changes to the
28.12Wetland Conservation Act.
28.13$450,000 the first year and $800,000
28.14the second year are to implement
28.15recommendations of the Drainage Work
28.16Group to enhance public drainage and
28.17modernization as follows: $150,000 the first
28.18year is to develop guidelines for drainage
28.19records preservation and modernization;
28.20$500,000 the second year is for cost-share
28.21grants to local governments for public
28.22drainage records modernization; and
28.23$300,000 each year is to provide assistance
28.24to local drainage management officials, to
28.25facilitate the work of the Drainage Work
28.26Group, to staff a drainage assistance team,
28.27and to update the Minnesota Public Drainage
28.28Manual. All of the money appropriated in
28.29this paragraph as grants to local governments
28.30shall be administered through the Board
28.31of Water and Soil Resources' local water
28.32resources protection and management
28.33program under Minnesota Statutes, section
28.34103B.3369.
28.35In addition to other authorities, the Board
28.36of Water and Soil Resources may reduce,
29.1withhold, or redirect grants and other funding
29.2if the local water management entity has
29.3not corrected deficiencies as prescribed in a
29.4notice from the board within one year from
29.5the date of the notice.
29.11$4,050,000 the first year and $4,050,000
29.12the second year are for metropolitan parks
29.13operations.
29.14$4,570,000 the first year and $4,570,000 the
29.15second year are from the natural resources
29.16fund for metropolitan area regional parks
29.17and trails maintenance and operations. This
29.18appropriation is from the revenue deposited
29.19in the natural resources fund under Minnesota
29.20Statutes, section 297A.94, paragraph (e),
29.21clause (3).
29.28The Minnesota Conservation Corps may
29.29receive money appropriated from the
29.30natural resources fund under this section
29.31only as provided in an agreement with the
29.32commissioner of natural resources.
30.3 Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
30.4read:
30.5 Subd. 35. Public official. "Public official" means any:
30.6 (1) member of the legislature;
30.7 (2) individual employed by the legislature as secretary of the senate, legislative
30.8auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
30.9attorney in the Office of Senate Counsel and Research or House Research;
30.10 (3) constitutional officer in the executive branch and the officer's chief administrative
30.11deputy;
30.12 (4) solicitor general or deputy, assistant, or special assistant attorney general;
30.13 (5) commissioner, deputy commissioner, or assistant commissioner of any state
30.14department or agency as listed in section15.01 or
15.06 , or the state chief information
30.15officer;
30.16 (6) member, chief administrative officer, or deputy chief administrative officer of a
30.17state board or commission that has either the power to adopt, amend, or repeal rules under
30.18chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
30.19 (7) individual employed in the executive branch who is authorized to adopt, amend,
30.20or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
30.21 (8) executive director of the State Board of Investment;
30.22 (9) deputy of any official listed in clauses (7) and (8);
30.23 (10) judge of the Workers' Compensation Court of Appeals;
30.24 (11) administrative law judge or compensation judge in the State Office of
30.25Administrative Hearings or referee in the Department of Employment and Economic
30.26Development;
30.27 (12) member, regional administrator, division director, general counsel, or operations
30.28manager of the Metropolitan Council;
30.29 (13) member or chief administrator of a metropolitan agency;
30.30 (14) director of the Division of Alcohol and Gambling Enforcement in the
30.31Department of Public Safety;
30.32 (15) member or executive director of the Higher Education Facilities Authority;
30.33 (16) member of the board of directors or president of Minnesota Technology, Inc.;
30.34 (17) member of the board of directors or executive director of the Minnesota State
30.35High School League;
31.1 (18) member of the Minnesota Ballpark Authority established in section 473.755;or
31.2 (19) citizen member of the Legislative-Citizen Commission on Minnesota
31.3Resources.
31.4 (20) manager of a watershed district or member of a watershed management
31.5organization; or
31.6 (21) supervisor of a soil and water conservation district.
31.7 Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
31.8 Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
31.9the agency's receipt of a written request containing all information required by law or by
31.10a previously adopted rule, ordinance, or policy of the agency, including the applicable
31.11application fee. If an agency receives a written request that does not contain all required
31.12information, the 60-day limit starts over only if the agency sends written notice within 15
31.13business days of receipt of the request telling the requester what information is missing.
31.14 (b) If a request relating to zoning, septic systems, watershed district review, soil and
31.15water conservation district review, or expansion of the metropolitan urban service area
31.16requires the approval of more than one state agency in the executive branch, the 60-day
31.17period in subdivision 2 begins to run for all executive branch agencies on the day a request
31.18containing all required information is received by one state agency. The agency receiving
31.19the request must forward copies to other state agencies whose approval is required.
31.20 (c) An agency response, including an approval with conditions, meets the 60-day
31.21time limit if the agency can document that the response was sent within 60 days of receipt
31.22of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
31.23or rescind the approval by the agency and will not give rise to a claim that the 60-day
31.24limit was not met.
31.25 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
31.26order requires a process to occur before the agency acts on the request, and the time
31.27periods prescribed in the state statute, federal law, or court order make it impossible to
31.28act on the request within 60 days. In cases described in this paragraph, the deadline is
31.29extended to 60 days after completion of the last process required in the applicable statute,
31.30law, or order. Final approval of an agency receiving a request is not considered a process
31.31for purposes of this paragraph.
31.32 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
31.33agency requires prior approval of a federal agency; or (2) an application submitted to
31.34a city, county, town, school district, metropolitan or regional entity, or other political
31.35subdivision requires prior approval of a state or federal agency. In cases described in
32.1this paragraph, the deadline for agency action is extended to 60 days after the required
32.2prior approval is granted.
32.3 (f) An agency may extend the time limit in subdivision 2 before the end of the
32.4initial 60-day period by providing written notice of the extension to the applicant. The
32.5notification must state the reasons for the extension and its anticipated length, which may
32.6not exceed 60 days unless approved by the applicant.
32.7 (g) An applicant may by written notice to the agency request an extension of the
32.8time limit under this section.
32.9EFFECTIVE DATE.This section is effective the day following final enactment.
32.10 Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
32.11 Subd. 1a. Revenues. The following revenues must be deposited in the
32.12environmental fund:
32.13 (1) all revenue from the motor vehicle transfer fee imposed under section115A.908 ;
32.14 (2) all fees collected under section116.07, subdivision 4d ;
32.15 (3) all money collected by the Pollution Control Agency in enforcement matters
32.16as provided in section115.073 ;
32.17 (4) all revenues from license fees for individual sewage treatment systems under
32.18section115.56 ;
32.19 (5) all loan repayments deposited under section115A.0716 ;
32.20 (6) all revenue from pollution prevention fees imposed under section115D.12 ;
32.21 (7) all loan repayments deposited under section116.994 ;
32.22 (8) all fees collected under section116C.834 ;
32.23 (9) revenue collected from the solid waste management tax pursuant to chapter 297H;
32.24 (10) fees collected under section473.844 ; and
32.25 (11) interest accrued on the fund; and
32.26 (12) money received in the form of gifts, grants, reimbursement, or appropriation
32.27from any source for any of the purposes provided in subdivision 2, except federal grants.
32.28 Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
32.29 Subdivision 1. Reimbursement. A meat processor holding a license under chapter
32.3028A may apply to the commissioner of agriculture for reimbursement of $70 towards the
32.31cost of processing a deer donated according to subdivision 1. The meat processor shall
32.32deliver the deer, processed into cuts or ground meat, to a charitable organization that is
32.33registered under chapter 309 and with the commissioner of agriculture and that operates
32.34a food assistance program. To request reimbursement, the processor shall submit an
33.1application, on a form prescribed by the commissioner of agriculture, the tag number
33.2under which the deer was taken, and a receipt for the deer from the charitable organization.
33.3 Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the
33.4equitable statewide distribution of processed deer by requiring the charitable organization
33.5to allocate and distribute processed deer according to the allocation formula used in the
33.6distribution of United States Department of Agriculture commodities under the federal
33.7emergency food assistance program. The charitable organization must submit quarterly
33.8reports to the commissioner on forms prescribed by the commissioner. The reports must
33.9include, but are not limited to, information on the amount of processed deer received and
33.10the organizations to which the meat was distributed.
33.11 (b) The commissioner of agriculture may adopt rules to implement this section.
33.12 Sec. 5. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
33.13 Subd. 9. Professional services support account. The commissioner of natural
33.14resources may bill the various programs carried out by the commissioner for the costs of
33.15providing them with professional support services. Except as provided under section
33.1689.421, receipts must be credited to a special account in the state treasury and are
33.17appropriated to the commissioner to pay the costs for which the billings were made.
33.18 The commissioner of natural resources shall submit to the commissioner of finance
33.19before the start of each fiscal year a work plan showing the estimated work to be done
33.20during the coming year, the estimated cost of doing the work, and the positions and fees
33.21that will be necessary. This account is exempted from statewide and agency indirect
33.22cost payments.
33.23 Sec. 6. [84.02] DEFINITIONS.
33.24 Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this
33.25section shall have the meanings given them.
33.26 Subd. 2. Best management practice for native prairie restoration. "Best
33.27management practice for native prairie restoration" means using seeds collected from a
33.28native prairie within the same county or within 25 miles of the county's border, but not
33.29across the boundary of an ecotype region.
33.30 Subd. 3. Created grassland. "Created grassland" means a restoration using seeds
33.31or plants with origins outside of the state of Minnesota.
33.32 Subd. 4. Ecotype region. "Ecotype region" means the following ecological
33.33subsections and counties based on the Department of Natural Resources map, "County
33.34Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.
34.21 Subd. 5. Native prairie. "Native prairie" means land that has never been plowed
34.22where native prairie vegetation originating from the site currently predominates or, if
34.23disturbed, is predominantly covered with native prairie vegetation that originated from the
34.24site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
34.25has predominantly native vegetation originating from the site and conservation practices
34.26have maintained biological diversity.
34.27 Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local
34.28ecotype" means a genetically differentiated population of a species that has at least one
34.29trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
34.30to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
34.31microorganisms, growing season length, climate, hydrology, and soil.
34.32 Subd. 7. Restored native prairie. "Restored native prairie" means a restoration
34.33using at least 25 representative and biologically diverse native prairie plant species of a
34.34local ecotype originating in the same county as the restoration site or within 25 miles of
34.35the county's border, but not across the boundary of an ecotype region.
34.36 Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least
34.3725 representative and biologically diverse native prairie plant species originating from
34.38the same ecotype region in which the restoration occurs.
34.39 Sec. 7. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
35.1 Subdivision 1. Contracts. The commissioner of natural resources is authorized
35.2to enter into contractual agreements with any public or private entity for the provision
35.3of statutorily prescribed natural resources services by the department. The contracts
35.4shall specify the services to be provided. Except as provided under section 89.421, funds
35.5generated in a contractual agreement made pursuant to this section shall be deposited in
35.6the special revenue fund and are appropriated to the department for purposes of providing
35.7the services specified in the contracts. The commissioner shall report revenues collected
35.8and expenditures made under this subdivision to the chairs of the Committees on Ways and
35.9Means in the house and Finance in the senate by January 1 of each odd-numbered year.
35.10 Sec. 8. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
35.11to read:
35.12 Subd. 5. Easement information. Parties to an easement purchased under the
35.13authority of the commissioner must:
35.14 (1) specify in the easement all provisions that are perpetual in nature;
35.15 (2) file the easement with the county recorder or registrar of titles in the county
35.16in which the land is located; and
35.17 (3) submit an electronic copy of the easement to the commissioner.
35.18 Sec. 9. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
35.19 Subdivision 1. Sales authorized; gift certificates. The commissioner may
35.20sell natural resources-related publications and maps; forest resource assessment
35.21products; federal migratory waterfowl, junior duck, and other federal stamps; and other
35.22nature-related merchandise, and may rent or sell items for the convenience of persons using
35.23Department of Natural Resources facilities or services. The commissioner may sell gift
35.24certificates for any items rented or sold. Notwithstanding section16A.1285 , a fee charged
35.25by the commissioner under this section may include a reasonable amount in excess of the
35.26actual cost to support Department of Natural Resources programs. The commissioner may
35.27advertise the availability of a program or item offered under this section.
35.28 Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
35.29 Subd. 2. Receipts; appropriation. Except as provided under section 89.421,
35.30money received by the commissioner under this section or to buy supplies for the use of
35.31volunteers, may be credited to one or more special accounts in the state treasury and is
35.32appropriated to the commissioner for the purposes for which the money was received.
35.33Money received from sales at the state fair shall be available for state fair related costs.
36.1Money received from sales of intellectual property and software products or services shall
36.2be available for development, maintenance, and support of software products and systems.
36.3 Sec. 11. Minnesota Statutes 2006, section 84.780, is amended to read:
36.484.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
36.5 (a) The off-highway vehicle damage account is created in the natural resources fund.
36.6Money in the off-highway vehicle damage account is appropriated to the commissioner
36.7of natural resources for the repair or restoration of property damaged by the operation of
36.8off-highway vehicles in anunpermitted illegal area after August 1, 2003, and for the costs
36.9of administration for this section. Before the commissioner may make a payment from
36.10this account, the commissioner must determine whether the damage to the property was
36.11caused by theunpermitted illegal use of off-highway vehicles, that the applicant has made
36.12reasonable efforts to identify the responsible individual and obtain payment from the
36.13individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
36.14By June 30, 2008, the commissioner of finance must transfer the remaining balance in the
36.15account to the off-highway motorcycle account under section
84.794, the off-road vehicle
36.16account under section
84.803, and the all-terrain vehicle account under section
84.927.
36.17The amount transferred to each account must be proportionate to the amounts received in
36.18the damage account from the relevant off-highway vehicle accounts.
36.19 (b) Determinations of the commissioner under this section may be made by written
36.20order and are exempt from the rulemaking provisions of chapter 14. Section14.386
36.21does not apply.
36.22 (c)This section expires July 1, 2008 These funds are available until expended.
36.23 Sec. 12. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
36.24PROGRAM.
36.25 Subdivision 1. Creation. The commissioner of natural resources shall establish
36.26a program to promote the safe and responsible operation of off-highway vehicles in a
36.27manner that does not harm the environment. The commissioner shall coordinate the
36.28program through the regional offices of the Department of Natural Resources.
36.29 Subd. 2. Purpose. The purpose of the program is to encourage off-highway vehicle
36.30clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
36.31state forest land and other public lands.
36.32 Subd. 3. Agreements. (a) The commissioner shall enter into informal agreements
36.33with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
36.34and monitor trails on state forest land and other public lands. The off-highway vehicle
37.1clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
37.2that complies with the laws and rules that relate to the operation of off-highway vehicles.
37.3 (b) The off-highway vehicle clubs may provide assistance to the department in
37.4locating, recruiting, and training instructors for off-highway vehicle training programs.
37.5 (c) The commissioner may provide assistance to enhance the comfort and safety
37.6of volunteers and to facilitate the implementation and administration of the safety and
37.7conservation program.
37.8 Subd. 4. Worker displacement prohibited. The commissioner may not enter into
37.9any agreement that has the purpose of or results in the displacement of public employees
37.10by volunteers participating in the off-highway safety and conservation program under
37.11this section. The commissioner must certify to the appropriate bargaining agent that the
37.12work performed by a volunteer will not result in the displacement of currently employed
37.13workers or workers on seasonal layoff or layoff from a substantially equivalent position,
37.14including partial displacement such as reduction in hours of nonovertime work, wages, or
37.15other employment benefits.
37.16 Sec. 13. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
37.17 Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
37.18all-terrain vehicle account may only be spent for:
37.19 (1) the education and training program under section84.925 ;
37.20 (2) administration, enforcement, and implementation of sections84.773 to
84.929 ;
37.21 (3) acquisition, maintenance, and development of vehicle trails and use areas;
37.22 (4) grant-in-aid programs to counties and municipalities to construct and maintain
37.23all-terrain vehicle trails and use areas;
37.24 (5) grants-in-aid to local safety programs;and
37.25 (6) enforcement and public education grants to local law enforcement agencies.; and
37.26 (7) maintenance of minimum-maintenance forest roads according to section 89.71,
37.27subdivision 5, and county forest roads within state forest boundaries as defined under
37.28section 89.021.
37.29 The distribution of funds made available through grant-in-aid programs must be
37.30guided by the statewide comprehensive outdoor recreation plan.
37.31 Sec. 14. Minnesota Statutes 2006, section 84.963, is amended to read:
37.3284.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
37.33 (a) The commissioner of natural resources shall study the feasibility of establishing
37.34private or public prairie plant seed production areas within prairie land locations. If
38.1prairie plant seed production is feasible, the commissioner may aid the establishment of
38.2production areas. The commissioner may enter cost-share or sharecrop agreements with
38.3landowners having easements for conservation purposes of ten or more years on their land
38.4to commercially produce prairie plant seed of Minnesota origin. The commissioner may
38.5only aid prairie plant seed production areas on agricultural land used to produce crops
38.6before December 23, 1985, and cropped three out of five years between 1981 and 1985.
38.7 (b) The commissioner shall compile, prepare, and electronically disseminate to
38.8the public prairie establishment guidance materials and resources. The resources must
38.9provide information and guidance on project planning, seed selection including ecotype
38.10and species mix, site preparation, seeding, maintenance, and technical service providers.
38.11The commissioner shall use actual prairie restoration projects under development on
38.12state-owned land to illustrate and demonstrate the practices described.
38.13 Sec. 15. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
38.14 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
38.15license suspension is effective 30 days after issuance of the civil citation. A civil penalty
38.16collected under this section is payable to the commissioner and must be credited to the
38.17water recreation account invasive species account.
38.18 Sec. 16. [84D.15] INVASIVE SPECIES ACCOUNT.
38.19 Subdivision 1. Creation. The invasive species account is created in the state
38.20treasury in the natural resources fund.
38.21 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
38.22section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
38.23in the invasive species account. Each year, the commissioner of finance shall transfer from
38.24the game and fish fund to the invasive species account, the annual surcharge collected on
38.25nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
38.26 Subd. 3. Use of money in account. Money credited to the invasive species account
38.27in subdivision 2 shall be used for management of invasive species and implementation of
38.28this chapter as it pertains to invasive species, including control, public awareness, law
38.29enforcement, assessment and monitoring, management planning, and research.
38.30 Sec. 17. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
38.31CITIZENS ADVISORY COUNCIL.
39.1 Subdivision 1. Advisory council created. The Cuyuna Country State Recreation
39.2Area Citizens Advisory Council is established. Membership on the advisory council
39.3shall include:
39.4 (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
39.5Board;
39.6 (2) a representative of the Croft Mine Historical Park Joint Powers Board;
39.7 (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
39.8worked as a miner in the local area;
39.9 (4) a representative of the Crow Wing County Board;
39.10 (5) an elected state official;
39.11 (6) a representative of the Grand Rapids regional office of the Department of Natural
39.12Resources;
39.13 (7) a designee of the Iron Range Resources and Rehabilitation Board;
39.14 (8) a designee of the local business community selected by the area chambers of
39.15commerce;
39.16 (9) a designee of the local environmental community selected by the Crow Wing
39.17County District 5 commissioner;
39.18 (10) a designee of a local education organization selected by the Crosby-Ironton
39.19School Board;
39.20 (11) a designee of one of the recreation area user groups selected by the Cuyuna
39.21Range Chamber of Commerce; and
39.22 (12) a member of the Cuyuna Country Heritage Preservation Society.
39.23 Subd. 2. Administration. (a) The advisory council must meet at least four times
39.24annually. The council shall elect a chair and meetings shall be at the call of the chair.
39.25 (b) Members of the advisory council shall serve as volunteers for two-year terms
39.26with the ability to be reappointed. Members shall accept no per diem.
39.27 (c) The state recreation area manager may attend the council meetings and advise
39.28the council of issues in management of the recreation area.
39.29 (d) Before a major decision is implemented in the Cuyuna Country State Recreation
39.30Area, the area manager must consult with the council and take into consideration any
39.31council comments or advice that may impact the major decision.
39.32 Sec. 18. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
39.33to read:
39.34 Subd. 13. Cuyuna Country State Recreation Area. A state park permit is not
39.35required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
40.1Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
40.2Area, except for overnight camping.
40.3 Sec. 19. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
40.4 Subd. 2. Money deposited in account. The following shall be deposited in the state
40.5treasury and credited to the water recreation account:
40.6 (1) feesand surcharges from titling and licensing of watercraft under this chapter;
40.7 (2) fines, installment payments, and forfeited bail according to section86B.705,
40.8subdivision 2 ;
40.9 (3)civil penalties according to section
84D.13;
40.10(4) mooring fees and receipts from the sale of marine gas at state-operated or
40.11state-assisted small craft harbors and mooring facilities according to section86A.21 ;
40.12(5) (4) the unrefunded gasoline tax attributable to watercraft use under section
40.13296A.18
; and
40.14(6) (5) fees for permits issued to control or harvest aquatic plants other than wild
40.15rice under section103G.615, subdivision 2 .
40.16 Sec. 20. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
40.17 Subd. 2. Receipts tonatural resources special revenue fund. Fees collected under
40.18subdivision 1 shall be credited toa forest land use account in the natural resources fund
40.19the special revenue fund and are annually appropriated to the commissioner to recoup the
40.20costs of developing, operating, and maintaining facilities necessary for the specified uses
40.21in subdivision 1 or to prevent or mitigate resource impacts of those uses.
40.22EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees
40.23collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
40.241, 2006.
40.25 Sec. 21. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
40.26SERVICES ACCOUNT.
40.27 Subdivision 1. Creation. The forest resource assessment products and services
40.28account is created in the state treasury in the natural resources fund.
40.29 Subd. 2. Receipts. Money received from forest resource assessment product sales
40.30and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
40.31and 84.0855 shall be credited to the forest resource assessment products and services
40.32account. Forest resource assessment products and services include the sale of aerial
40.33photography, remote sensing, and satellite imagery products and services.
41.1 Subd. 3. Use of money in account. Money credited to the forest resource
41.2assessment products and services account under subdivision 2 is annually appropriated to
41.3the commissioner and shall be used to maintain the staff and facilities producing the aerial
41.4photography, remote sensing, and satellite imagery products and services.
41.5 Sec. 22. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
41.6 Subdivision 1. Grants. The commissioner may make grants to aid in the control of
41.7a shade tree pest. To be eligible, a grantee must have a pest control program approved
41.8by the commissioner that:
41.9 (1) defines tree ownership and who is responsible for the costs associated with
41.10control measures;
41.11 (2) defines the zone of infestation within which the control measures are to be
41.12applied;
41.13 (3) includes a tree inspector certified under section 89.63 and having the authority to
41.14enter and inspect private lands;
41.15 (4) has the means to enforce measures needed to limit the spread of shade tree
41.16pests; and
41.17 (5) provides that grant money received will be deposited in a separate fund to be
41.18spent only for the purposes authorized by this section.
41.19 Subd. 2. Grant eligibility. The following are eligible for grants under this section:
41.20 (1) a home rule charter or statutory city or a town that exercises municipal powers
41.21under section 368.01 or any general or special law;
41.22 (2) a special park district organized under chapter 398;
41.23 (3) a special-purpose park and recreation board;
41.24 (4) a soil and water conservation district;
41.25 (5) a county; or
41.26 (6) any other organization with the legal authority to enter into contractual
41.27agreements.
41.28 Subd. 3. Rules; applicability to municipalities. The rules and procedures adopted
41.29under this chapter by the commissioner apply in a municipality unless the municipality
41.30adopts an ordinance determined by the commissioner to be more stringent than the rules
41.31and procedures of the commissioner. The rules and procedures of the commissioner or
41.32the municipality apply to all state agencies, special purpose districts, and metropolitan
41.33commissions as defined in section 473.121, subdivision 5a, that own or control land
41.34adjacent to or within a zone of infestation.
42.1 Sec. 23. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
42.2 Subdivision 1. Generally. (a) All payments under sections93.14 to
93.285 shall
42.3be made to the Department of Natural Resources and shall be credited according to this
42.4section.
42.5(a) If the lands or minerals and mineral rights covered by a lease are held by the state
42.6by virtue of an act of Congress, payments made under the lease shall be credited to the
42.7permanent fund of the class of land to which the leased premises belong.
42.8(b) If a lease covers the bed of navigable waters, payments made under the lease
42.9shall be credited to the permanent school fund of the state.
42.10(c) If the lands or minerals and mineral rights covered by a lease are held by the
42.11state in trust for the taxing districts, payments made under the lease shall be distributed
42.12annually on the first day of September as follows:
42.13(1) 20 percent to the general fund; and
42.14(2) 80 percent to the respective counties in which the lands lie, to be apportioned
42.15among the taxing districts interested therein as follows: county, three-ninths; town or city,
42.16two-ninths; and school district, four-ninths.
42.17(d) Except as provided under this section and except where the disposition of
42.18payments may be otherwise directed by law, all payments shall be paid into the general
42.19fund of the state.
42.20 (b) Twenty percent of all payments under sections93.14 to
93.285 shall be
42.21credited to the minerals management account in the natural resources fund as costs for
42.22the administration and management of state mineral resources by the commissioner of
42.23natural resources.
42.24 (c) The remainder of the payments shall be credited as follows:
42.25 (1) if the lands or minerals and mineral rights covered by a lease are held by the state
42.26by virtue of an act of Congress, payments made under the lease shall be credited to the
42.27permanent fund of the class of land to which the leased premises belong;
42.28 (2) if a lease covers the bed of navigable waters, payments made under the lease
42.29shall be credited to the permanent school fund of the state;
42.30 (3) if the lands or minerals and mineral rights covered by a lease are held by the state
42.31in trust for the taxing districts, payments made under the lease shall be distributed annually
42.32on the first day of September to the respective counties in which the lands lie, to be
42.33apportioned among the taxing districts interested therein as follows: county, three-ninths;
42.34town or city, two-ninths; and school district, four-ninths;
42.35 (4) if the lands or mineral rights covered by a lease became the absolute property of
42.36the state under the provisions of chapter 84A, payments made under the lease shall be
43.1distributed as follows: county containing the land from which the income was derived,
43.2five-eighths; and general fund of the state, three-eighths; and
43.3 (5) except as provided under this section and except where the disposition of
43.4payments may be otherwise directed by law, payments made under a lease shall be paid
43.5into the general fund of the state.
43.6 Sec. 24. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
43.7 Subd. 4. Game and fish annual reports. (a) By December 15 each year,
43.8the commissioner shall submit to the legislative committees having jurisdiction over
43.9appropriations and the environment and natural resources reports on each of the following:
43.10 (1) the amount of revenue from the following and purposes for which expenditures
43.11were made:
43.12 (i) the small game license surcharge under section97A.475, subdivision 4 ;
43.13 (ii) the Minnesota migratory waterfowl stamp under section97A.475, subdivision
43.145 , clause (1);
43.15 (iii) the trout and salmon stamp under section97A.475, subdivision 10 ;
43.16 (iv) the pheasant stamp under section97A.475, subdivision 5 , clause (2); and
43.17 (v) the turkey stamp under section97A.475, subdivision 5 , clause (3); and
43.18 (vi) the deer license surcharge under section 97A.475, subdivision 3a;
43.19 (2) the amounts available under section97A.075, subdivision 1 , paragraphs (b) and
43.20(c), and the purposes for which these amounts were spent;
43.21 (3) money credited to the game and fish fund under this section and purposes for
43.22which expenditures were made from the fund;
43.23 (4) outcome goals for the expenditures from the game and fish fund; and
43.24 (5) summary and comments of citizen oversight committee reviews under
43.25subdivision 4b.
43.26 (b) The report must include the commissioner's recommendations, if any, for
43.27changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
43.28 Sec. 25. Minnesota Statutes 2006, section 97A.065, is amended by adding a
43.29subdivision to read:
43.30 Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475,
43.31subdivision 3a, shall be deposited in a special revenue account and is appropriated to
43.32the commissioner for deer management, including for grants or payments to agencies,
43.33organizations, or individuals for assisting with the cost of processing deer taken for
43.34population management purposes for venison donation programs. None of the additional
44.1license fees shall be transferred to any other agency for administration of programs other
44.2than venison donation. If any money transferred by the commissioner is not used for a
44.3venison donation program, it shall be returned to the commissioner.
44.4 Sec. 26. Minnesota Statutes 2006, section 97A.133, is amended by adding a
44.5subdivision to read:
44.6 Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
44.7 Sec. 27. Minnesota Statutes 2006, section 97A.475, is amended by adding a
44.8subdivision to read:
44.9 Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses
44.10to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9),
44.11and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except
44.12as provided under section 97A.065, subdivision 6. An additional commission may not
44.13be assessed on the surcharge and the following statement must be included in the annual
44.14deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer
44.15management, including assisting with the costs of processing deer donated for charitable
44.16purposes."
44.17 Sec. 28. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
44.18 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
44.19to nonresidents, are:
44.20 (1) to take fish by angling, $34;
44.21 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
44.22$24;
44.23 (3) to take fish by angling for a 72-hour period selected by the licensee, $20;
44.24 (4) to take fish by angling for a combined license for a family for one or both parents
44.25and dependent children under the age of 16, $46;
44.26 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
44.27 (6) to take fish by angling for a combined license for a married couple, limited to
44.2814 consecutive days selected by one of the licensees, $35.
44.29 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
44.30issued under paragraph (a), clause (5). An additional commission may not be assessed
44.31on this surcharge.
44.32EFFECTIVE DATE.This section is effective March 1, 2008.
45.1 Sec. 29. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
45.2 Subd. 7. Electronic licensing system commission. The commissioner shall retain
45.3for the operation of the electronic licensing system the commission established under
45.4section84.027, subdivision 15 , and issuing fees collected by the commissioner on all
45.5license fees collected, excluding:
45.6 (1) the small game surcharge;and
45.7 (2) the deer license surcharge; and
45.8 (3) $2.50 of the license fee for the licenses in section97A.475, subdivisions 6,
45.9clauses (1) , (2), and (4), 7, 8, 12, and 13.
45.10 Sec. 30. [97B.303] VENISON DONATIONS.
45.11 An individual who takes a deer may donate the deer, for distribution to charitable
45.12food assistance programs, to a meat processor that is licensed under chapter 28A. An
45.13individual donating a deer must supply the processor with the tag number under which
45.14the deer was taken.
45.15 Sec. 31. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
45.16 Subd. 3. Contests requiring a permit. (a) A person must have a permit from the
45.17commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
45.18Permits shall be issued without a fee. The commissioner shall charge a fee for the permit
45.19that recovers the costs of issuing the permit and of monitoring the activities allowed by
45.20the permit. Receipts collected from this fee shall be credited to the game and fish fund.
45.21Notwithstanding section 16A.1283, the commissioner may, by written order published in
45.22the State Register, establish contest permit fees. The fees are not subject to the rulemaking
45.23provisions of chapter 14 and section 14.386 does not apply.
45.24 (b) If entry fees are over $25 per person, or total prizes are valued at more than
45.25$25,000, and if the applicant has either:
45.26 (1) not previously conducted a fishing contest requiring a permit under this
45.27subdivision; or
45.28 (2) ever failed to make required prize awards in a fishing contest conducted by
45.29the applicant, the commissioner may require the applicant to furnish the commissioner
45.30evidence of financial responsibility in the form of a surety bond or bank letter of credit in
45.31the amount of $25,000.
45.32 Sec. 32. Minnesota Statutes 2006, section 103B.101, is amended by adding a
45.33subdivision to read:
46.1 Subd. 12. Authority to issue penalty orders. The board may issue an order
46.2requiring violations to be corrected and administratively assessing monetary penalties for
46.3violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules
46.4adopted under those chapters, and any standards, limitations, or conditions established
46.5by the board.
46.6EFFECTIVE DATE.This section is effective the day following final enactment.
46.7 Sec. 33. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
46.8AND OVERSIGHT.
46.9 Subdivision 1. Findings; improving accountability and oversight. The legislature
46.10finds that a process is needed to monitor the performance and activities of local water
46.11management entities. The process should be preemptive so that problems can be identified
46.12early and systematically. Underperforming entities should be provided assistance and
46.13direction for improving performance in a reasonable time frame.
46.14 Subd. 2. Definitions. For the purposes of this section, "local water management
46.15entities" means watershed districts, soil and water conservation districts, metropolitan
46.16water management organizations, and counties operating separately or jointly in their
46.17role as local water management authorities under chapter 103B, 103C, 103D, or 103G
46.18and chapter 114D.
46.19 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
46.20evaluate performance, financial, and activity information for each local water management
46.21entity. The board shall evaluate the entities' progress in accomplishing their adopted
46.22plans on a regular basis, but not less than once every five years. The board shall maintain
46.23a summary of local water management entity performance on the board's Web site.
46.24Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
46.25of local water management entity performance to the chairs of the house and senate
46.26committees having jurisdiction over environment and natural resources policy.
46.27 Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water
46.28and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
46.29redirect grants and other funding if the local water management entity has not corrected
46.30deficiencies as prescribed in a notice from the board within one year from the date of
46.31the notice.
46.32 (b) The board may defer a decision on a termination petition filed under section
46.33103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
46.34under subdivision 3 or to communicate the results of the evaluation to petitioners or to
46.35local and state government agencies.
47.1 Sec. 34. Minnesota Statutes 2006, section 103C.321, is amended by adding a
47.2subdivision to read:
47.3 Subd. 6. Credit card use. The supervisors may authorize the use of a credit card
47.4by any soil and water conservation district officer or employee otherwise authorized
47.5to make a purchase on behalf of the soil and water conservation district. If a soil and
47.6water conservation district officer or employee makes a purchase by credit card that is not
47.7approved by the supervisors, the officer or employee is personally liable for the amount of
47.8the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
47.9or soil and water conservation district policy applicable to soil and water conservation
47.10district purchases.
47.11 Sec. 35. Minnesota Statutes 2006, section 103D.325, is amended by adding a
47.12subdivision to read:
47.13 Subd. 4. Credit card use. The managers may authorize the use of a credit card
47.14by any watershed district officer or employee otherwise authorized to make a purchase
47.15on behalf of the watershed district. If a watershed district officer or employee makes a
47.16purchase by credit card that is not approved by the managers, the officer or employee is
47.17personally liable for the amount of the purchase. A purchase by credit card must otherwise
47.18comply with all statutes, rules, or watershed district policy applicable to watershed district
47.19purchases.
47.20 Sec. 36. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:
47.21 Subdivision 1. Spoil banks must be spread andgrass planted permanent
47.22vegetation established. In any proceeding to establish, construct, improve, or do any
47.23work affecting a public drainage system under any law that appoints viewers to assess
47.24benefits and damages, the authority having jurisdiction over the proceeding shall order
47.25spoil banks to be spread consistent with the plan and function of the drainage system. The
47.26authority shall order that permanent grass, other than a noxious weed, be planted on
47.27thebanks ditch side slopes and on a strip that a permanent strip of perennial vegetation
47.28approved by the drainage authority be established on each side of the ditch. Preference
47.29should be given to planting native species of a local ecotype. The approved perennial
47.30vegetation shall not impede future maintenance of the ditch. The permanent strips of
47.31perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge
47.32of the constructed channel resulting from the proceeding, or to the crown of the leveled
47.33spoil bank, whichever is the greater,on each side of the top edge of the channel of the
47.34ditch. except for an action by a drainage authority that results only in a redetermination of
48.1benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
48.2rights-of-way for the acreage and additional property required for theplanting permanent
48.3strips must be acquired by the authority having jurisdiction.
48.4 Sec. 37. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
48.5 Subd. 2. Reseeding and harvestinggrass perennial vegetation. The authority
48.6having jurisdiction over the repair and maintenance of the drainage system shall supervise
48.7all necessary reseeding. The permanentgrass strips of perennial vegetation must be
48.8maintained in the same manner as other drainage system repairs. Harvest of thegrass
48.9vegetation from thegrass permanent strip in a manner not harmful to the grass vegetation
48.10or the drainage system is the privilege of the fee owner or assigns. Thecounty drainage
48.11inspector shall establish rules for the fee owner and assigns to harvest thegrass vegetation.
48.12 Sec. 38. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
48.13 Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
48.14those required for the maintenance of a permanent growth ofgrass perennial vegetation,
48.15are not permitted on any portion of the property acquired forplanting perennial vegetation.
48.16 Sec. 39. Minnesota Statutes 2006, section 103E.021, is amended by adding a
48.17subdivision to read:
48.18 Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
48.19inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
48.20of viewers and redetermination of benefits and damages, a drainage authority may
48.21implement permanent buffer strips of perennial vegetation approved by the drainage
48.22authority or side inlet controls, or both, adjacent to a public drainage ditch, where
48.23necessary to control erosion and sedimentation, improve water quality, or maintain the
48.24efficiency of the drainage system. Preference should be given to planting native species of
48.25a local ecotype. The approved perennial vegetation shall not impede future maintenance
48.26of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
48.27measured outward from the top edge of the existing constructed channel. Drainage system
48.28rights-of-way for the acreage and additional property required for the permanent strips
48.29must be acquired by the authority having jurisdiction.
48.30 (b) A project under this subdivision shall be implemented as a repair according to
48.31section 103E.705, except that the drainage authority may appoint an engineer to examine
48.32the drainage system and prepare an engineer's repair report for the project.
49.1 (c) Damages shall be determined by the drainage authority, or viewers, appointed by
49.2the drainage authority, according to section 103E.315, subdivision 8. A damages statement
49.3shall be prepared, including an explanation of how the damages were determined for each
49.4property affected by the project, and filed with the auditor or watershed district. Within 30
49.5days after the damages statement is filed, the auditor or watershed district shall prepare
49.6property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
49.7(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
49.8each owner of property affected by the proposed project.
49.9 (d) After a damages statement is filed, the drainage authority shall set a time, by
49.10order, not more than 30 days after the date of the order, for a hearing on the project. At
49.11least ten days before the hearing, the auditor or watershed district shall give notice by mail
49.12of the time and location of the hearing to the owners of property and political subdivisions
49.13likely to be affected by the project.
49.14 (e) The drainage authority shall make findings and order the repairs to be made if
49.15the drainage authority determines from the evidence presented at the hearing and by the
49.16viewers and engineer, if appointed, that the repairs are necessary for the drainage system
49.17and the costs of the repairs are within the limitations of section 103E.705.
49.18 Sec. 40. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
49.19 The drainage authority shall annually submit a report to the Board of Water and Soil
49.20Resources for the calendar year including:
49.21 (1) the number and types of actions for which viewers were appointed;
49.22 (2) the number of miles of buffer strips established according to section 103E.021;
49.23 (3) the number of drainage system inspections conducted; and
49.24 (4) the number of violations of section 103E.021 identified and enforcement actions
49.25taken.
49.26 Sec. 41. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
49.27 Subd. 8. Extent of damages. Damages to be paid may include:
49.28 (1) the fair market value of the property required for the channel of an open ditch
49.29and the permanentgrass strip of perennial vegetation under section
103E.021 ;
49.30 (2) the diminished value of a farm due to severing a field by an open ditch;
49.31 (3) loss of crop production during drainage project construction;and
49.32 (4) the diminished productivity or land value from increased overflow.; and
50.1 (5) costs to restore a perennial vegetative cover or structural practice existing
50.2under a federal or state conservation program adjacent to the permanent drainage system
50.3right-of-way and damaged by the drainage project.
50.4 Sec. 42. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
50.5 Subdivision 1. Requirements. The viewers' report must show, in tabular form,
50.6for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
50.7is benefited or damaged:
50.8 (1) a description of the lot or tract, under separate ownership, that is benefited or
50.9damaged;
50.10 (2) the names of the owners as they appear on the current tax records of the county
50.11and their addresses;
50.12 (3) the number of acres in each tract or lot;
50.13 (4) the number and value of acres added to a tract or lot by the proposed drainage of
50.14public waters;
50.15 (5) the damage, if any, to riparian rights;
50.16 (6) the damages paid for the permanentgrass strip of perennial vegetation under
50.17section103E.021 ;
50.18 (7) the total number and value of acres added to a tract or lot by the proposed
50.19drainage of public waters, wetlands, and other areas not currently being cultivated;
50.20 (8) the number of acres and amount of benefits being assessed for drainage of areas
50.21which before the drainage benefits could be realized would require a public waters work
50.22permit to work in public waters under section103G.245 to excavate or fill a navigable
50.23water body under United States Code, title 33, section 403, or a permit to discharge into
50.24waters of the United States under United States Code, title 33, section 1344;
50.25 (9) the number of acres and amount of benefits being assessed for drainage of areas
50.26that would be considered conversion of a wetland under United States Code, title 16,
50.27section 3821, if the area was placed in agricultural production;
50.28 (10) the amount of right-of-way acreage required; and
50.29 (11) the amount that each tract or lot will be benefited or damaged.
50.30 Sec. 43. Minnesota Statutes 2006, section 103E.701, is amended by adding a
50.31subdivision to read:
50.32 Subd. 7. Restoration; disturbance or destruction by repair. If a drainage system
50.33repair disturbs or destroys a perennial vegetative cover or structural practice existing
50.34under a federal or state conservation program adjacent to the permanent drainage system
51.1right-of-way, the practice must be restored according to the applicable practice plan or
51.2as determined by the drainage authority, if a practice plan is not available. Restoration
51.3costs shall be paid by the drainage system.
51.4 Sec. 44. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
51.5 Subdivision 1. Inspection. After the construction of a drainage system has been
51.6completed, the drainage authority shall maintain the drainage system that is located in its
51.7jurisdiction, includinggrass the permanent strips of perennial vegetation under section
51.8103E.021
, and provide the repairs necessary to make the drainage system efficient. The
51.9drainage authority shall have the drainage system inspected on a regular basis by an
51.10inspection committee of the drainage authority or a drainage inspector appointed by the
51.11drainage authority. Open drainage ditches shall be inspected at a minimum of every five
51.12years when no violation of section 103E.021 is found and annually when a violation of
51.13section 103E.021 is found, until one year after the violation is corrected.
51.14 Sec. 45. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
51.15 Subd. 2.Grass Permanent strip of perennial vegetation inspection and
51.16compliance notice. (a) The drainage authority having jurisdiction over a drainage system
51.17must inspect the drainage system for violations of section103E.021 . If an inspection
51.18committee of the drainage authority or a drainage inspector determines that permanent
51.19grass strips of perennial vegetation are not being maintained in compliance with section
51.20103E.021
, a compliance notice must be sent to the property owner.
51.21 (b) The notice must state:
51.22 (1) the date the ditch was inspected;
51.23 (2) the persons making the inspection;
51.24 (3) that spoil banks are to be spread in a manner consistent with the plan and function
51.25of the drainage system and that the drainage system has acquired agrass permanent strip
51.2616-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial
51.27vegetation, according to section 103E.021;
51.28 (4) the violations of section103E.021 ;
51.29 (5) the measures that must be taken by the property owner to comply with section
51.30103E.021
and the date when the property must be in compliance; and
51.31 (6) that if the property owner does not comply by the date specified, the drainage
51.32authority will perform the work necessary to bring the area into compliance with section
51.33103E.021
and charge the cost of the work to the property owner.
52.1 (c) If a property owner does not bring an area into compliance with section103E.021
52.2as provided in the compliance notice, the inspection committee or drainage inspector
52.3must notify the drainage authority.
52.4 (d) This subdivision applies to property acquired under section103E.021 .
52.5 Sec. 46. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
52.6 Subd. 3. Drainage inspection report. For each drainage system that the board
52.7designates and requires the drainage inspector to examine, the drainage inspector shall
52.8make a drainage inspection report in writing to the board after examining a drainage
52.9system, designating portions that need repair or maintenance ofgrass the permanent
52.10strips of perennial vegetation and the location and nature of the repair or maintenance.
52.11The board shall consider the drainage inspection report at its next meeting and may repair
52.12all or any part of the drainage system as provided under this chapter. Thegrass permanent
52.13strips of perennial vegetation must be maintained in compliance with section103E.021 .
52.14 Sec. 47. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
52.15 Subd. 2. Additional assessment for agricultural practices ongrass permanent
52.16strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
52.17charge an additional assessment on property that has agricultural practices on or otherwise
52.18violates provisions related to the permanentgrass strip of perennial vegetation acquired
52.19under section103E.021 .
52.20 (b) The drainage authority may determine the cost of the repair per mile of open
52.21ditch on the ditch system. Property that is in violation of the grass requirement shall be
52.22assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
52.23of open ditch in miles on the property in violation.
52.24 (c) After the amount of the additional assessment is determined and applied to the
52.25repair cost, the balance of the repair cost may be apportioned pro rata as provided in
52.26subdivision 1.
52.27 Sec. 48. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:
52.28 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
52.29or partially, unless replaced by restoring or creating wetland areas of at least equal
52.30public value under a replacement plan approved as provided in section103G.2242 , a
52.31replacement plan under a local governmental unit's comprehensive wetland protection
52.32and management plan approved by the board under section103G.2243 , or, if a permit to
52.33mine is required under section93.481 , under a mining reclamation plan approved by the
53.1commissioner under the permit to mine. Mining reclamation plans shall apply the same
53.2principles and standards for replacing wetlands by restoration or creation of wetland areas
53.3that are applicable to mitigation plans approved as provided in section103G.2242 . Public
53.4value must be determined in accordance with section103B.3355 or a comprehensive
53.5wetland protection and management plan established under section103G.2243 . Sections
53.6103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
53.7flooded areas of types 3, 4, and 5 wetlands.
53.8 (b) Replacement must be guided by the following principles in descending order
53.9of priority:
53.10 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
53.11the wetland;
53.12 (2) minimizing the impact by limiting the degree or magnitude of the wetland
53.13activity and its implementation;
53.14 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
53.15wetland environment;
53.16 (4) reducing or eliminating the impact over time by preservation and maintenance
53.17operations during the life of the activity;
53.18 (5) compensating for the impact by restoring a wetland; and
53.19 (6) compensating for the impact by replacing or providing substitute wetland
53.20resources or environments.
53.21 For a project involving the draining or filling of wetlands in an amount not exceeding
53.2210,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
53.23paragraph (a), the local government unit may make an on-site sequencing determination
53.24without a written alternatives analysis from the applicant.
53.25 (c) If a wetland is located in a cultivated field, then replacement must be
53.26accomplished through restoration only without regard to the priority order in paragraph
53.27(b), provided that a deed restriction is placed on the altered wetland prohibiting
53.28nonagricultural use for at least ten years.
53.29 (d) If a wetland is drained under section 103G.2241, subdivision 2, the local
53.30government unit may require a deed restriction that prohibits nonagricultural use for at
53.31least ten years unless the drained wetland is replaced as provided under this section. The
53.32local government unit may require the deed restriction if it determines the wetland area
53.33drained is at risk of conversion to a nonagricultural use within ten years based on the
53.34zoning classification, proximity to a municipality or full service road, or other criteria as
53.35determined by the local government unit.
54.1 (e) Restoration and replacement of wetlands must be accomplished in accordance
54.2with the ecology of the landscape area affected and ponds that are created primarily to
54.3fulfill stormwater management, and water quality treatment requirements may not be
54.4used to satisfy replacement requirements under this chapter unless the design includes
54.5pretreatment of runoff and the pond is functioning as a wetland.
54.6(e) (f) Except as provided in paragraph (f) (g), for a wetland or public waters wetland
54.7located on nonagricultural land, replacement must be in the ratio of two acres of replaced
54.8wetland for each acre of drained or filled wetland.
54.9(f) (g) For a wetland or public waters wetland located on agricultural land or in a
54.10greater than 80 percent area, replacement must be in the ratio of one acre of replaced
54.11wetland for each acre of drained or filled wetland.
54.12(g) (h) Wetlands that are restored or created as a result of an approved replacement
54.13plan are subject to the provisions of this section for any subsequent drainage or filling.
54.14(h) (i) Except in a greater than 80 percent area, only wetlands that have been
54.15restored from previously drained or filled wetlands, wetlands created by excavation in
54.16nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
54.17or wetlands created by dikes or dams associated with the restoration of previously drained
54.18or filled wetlands may be used in a statewide banking program established in rules adopted
54.19under section103G.2242, subdivision 1 . Modification or conversion of nondegraded
54.20naturally occurring wetlands from one type to another are not eligible for enrollment in a
54.21statewide wetlands bank.
54.22(i) (j) The Technical Evaluation Panel established under section
103G.2242,
54.23subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop
54.24wetland characteristics of soils, vegetation, and hydrology before recommending that the
54.25wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
54.26reason to believe that the wetland characteristics may change substantially, the panel shall
54.27postpone its recommendation until the wetland has stabilized.
54.28(j) (k) This section and sections
103G.223 to
103G.2242 ,
103G.2364 , and
54.29103G.2365
apply to the state and its departments and agencies.
54.30(k) (l) For projects involving draining or filling of wetlands associated with a new
54.31public transportation project, and for projects expanded solely for additional traffic
54.32capacity, public transportation authorities may purchase credits from the board at the cost
54.33to the board to establish credits. Proceeds from the sale of credits provided under this
54.34paragraph are appropriated to the board for the purposes of this paragraph.
54.35(l) (m) A replacement plan for wetlands is not required for individual projects that
54.36result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
55.1or replacement of a currently serviceable existing state, city, county, or town public road
55.2necessary, as determined by the public transportation authority, to meet state or federal
55.3design or safety standards or requirements, excluding new roads or roads expanded solely
55.4for additional traffic capacity lanes. This paragraph only applies to authorities for public
55.5transportation projects that:
55.6 (1) minimize the amount of wetland filling or draining associated with the project
55.7and consider mitigating important site-specific wetland functions on-site;
55.8 (2) except as provided in clause (3), submit project-specific reports to the board, the
55.9Technical Evaluation Panel, the commissioner of natural resources, and members of the
55.10public requesting a copy at least 30 days prior to construction that indicate the location,
55.11amount, and type of wetlands to be filled or drained by the project or, alternatively,
55.12convene an annual meeting of the parties required to receive notice to review projects to
55.13be commenced during the upcoming year; and
55.14 (3) for minor and emergency maintenance work impacting less than 10,000 square
55.15feet, submit project-specific reports, within 30 days of commencing the activity, to the
55.16board that indicate the location, amount, and type of wetlands that have been filled
55.17or drained.
55.18 Those required to receive notice of public transportation projects may appeal
55.19minimization, delineation, and on-site mitigation decisions made by the public
55.20transportation authority to the board according to the provisions of section103G.2242,
55.21subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
55.22decisions made by the public transportation authority and provide recommendations
55.23regarding on-site mitigation if requested to do so by the local government unit, a
55.24contiguous landowner, or a member of the Technical Evaluation Panel.
55.25 Except for state public transportation projects, for which the state Department of
55.26Transportation is responsible, the board must replace the wetlands, and wetland areas of
55.27public waters if authorized by the commissioner or a delegated authority, drained or filled
55.28by public transportation projects on existing roads.
55.29 Public transportation authorities at their discretion may deviate from federal and
55.30state design standards on existing road projects when practical and reasonable to avoid
55.31wetland filling or draining, provided that public safety is not unreasonably compromised.
55.32The local road authority and its officers and employees are exempt from liability for
55.33any tort claim for injury to persons or property arising from travel on the highway and
55.34related to the deviation from the design standards for construction or reconstruction under
55.35this paragraph. This paragraph does not preclude an action for damages arising from
55.36negligence in construction or maintenance on a highway.
56.1(m) (n) If a landowner seeks approval of a replacement plan after the proposed
56.2project has already affected the wetland, the local government unit may require the
56.3landowner to replace the affected wetland at a ratio not to exceed twice the replacement
56.4ratio otherwise required.
56.5(n) (o) A local government unit may request the board to reclassify a county or
56.6watershed on the basis of its percentage of presettlement wetlands remaining. After
56.7receipt of satisfactory documentation from the local government, the board shall change
56.8the classification of a county or watershed. If requested by the local government unit,
56.9the board must assist in developing the documentation. Within 30 days of its action to
56.10approve a change of wetland classifications, the board shall publish a notice of the change
56.11in the Environmental Quality Board Monitor.
56.12(o) (p) One hundred citizens who reside within the jurisdiction of the local
56.13government unit may request the local government unit to reclassify a county or watershed
56.14on the basis of its percentage of presettlement wetlands remaining. In support of their
56.15petition, the citizens shall provide satisfactory documentation to the local government unit.
56.16The local government unit shall consider the petition and forward the request to the board
56.17under paragraph(n) (o) or provide a reason why the petition is denied.
56.18EFFECTIVE DATE.This section is effective the day following final enactment.
56.19 Sec. 49. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
56.20 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
56.21this priority order:
56.22 (1) on site or in the same minor watershed as the affected wetland;
56.23 (2) in the same watershed as the affected wetland;
56.24 (3) in the same county as the affected wetland;
56.25 (4) for replacement by wetland banking, in the same wetland bank service area as
56.26the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
56.27a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
56.28less than 50 percent area;
56.29 (5) for project specific replacement, in an adjacent watershedor county to the
56.30affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
56.31service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
56.3280 percent area and impacts in a less than 50 percent area must be replaced in a less
56.33than 50 percent area; and
56.34(5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for
56.35public transportation projects, except that wetlands affected in less than 50 percent areas
57.1must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
57.2metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
57.3(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
57.4that are wholly or partially within the seven-county metropolitan area, but at least one to
57.5one must be replaced within the seven-county metropolitan area.
57.6 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
57.7percent areas may follow the priority order under this paragraph: (1) by wetland banking
57.8after evaluating on-site replacement and replacement within the watershed; (2) replaced
57.9in an adjacent wetland bank service area if wetland bank credits are not reasonably
57.10available in the same wetland bank service area as the affected wetland, as determined
57.11by the local government unit or by a comprehensive inventory approved by the board;
57.12and (3) statewide.
57.13 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
57.14metropolitan area must follow the priority order under this paragraph: (1) in the affected
57.15county; (2) in another of the seven metropolitan counties; or (3) in one of the major
57.16watersheds that are wholly or partially within the seven-county metropolitan area, but at
57.17least one to one must be replaced within the seven-county metropolitan area.
57.18 (d) The exception in paragraph (a), clause(5) (6), does not apply to replacement
57.19completed using wetland banking credits established by a person who submitted a
57.20complete wetland banking application to a local government unit by April 1, 1996.
57.21(c) (e) When reasonable, practicable, and environmentally beneficial replacement
57.22opportunities are not available in siting priorities listed in paragraph (a), the applicant
57.23may seek opportunities at the next level.
57.24(d) (f) For the purposes of this section, "reasonable, practicable, and environmentally
57.25beneficial replacement opportunities" are defined as opportunities that:
57.26 (1) take advantage of naturally occurring hydrogeomorphological conditions and
57.27require minimal landscape alteration;
57.28 (2) have a high likelihood of becoming a functional wetland that will continue
57.29in perpetuity;
57.30 (3) do not adversely affect other habitat types or ecological communities that are
57.31important in maintaining the overall biological diversity of the area; and
57.32 (4) are available and capable of being done after taking into consideration cost,
57.33existing technology, and logistics consistent with overall project purposes.
57.34(e) (g) Regulatory agencies, local government units, and other entities involved in
57.35wetland restoration shall collaborate to identify potential replacement opportunities within
57.36their jurisdictional areas.
58.1EFFECTIVE DATE.This section is effective the day following final enactment.
58.2 Sec. 50. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
58.3read:
58.4 Subdivision 1. Agricultural activities.(a) A replacement plan for wetlands is
58.5not required for:
58.6(1) activities in a wetland that was planted with annually seeded crops, was in a crop
58.7rotation seeding of pasture grass or legumes, or was required to be set aside to receive
58.8price support or other payments under United States Code, title 7, sections 1421 to 1469,
58.9in six of the last ten years prior to January 1, 1991;
58.10(2) activities in a wetland that is or has been enrolled in the federal conservation
58.11reserve program under United States Code, title 16, section 3831, that:
58.12(i) was planted with annually seeded crops, was in a crop rotation seeding, or was
58.13required to be set aside to receive price support or payment under United States Code,
58.14title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the
58.15program; and
58.16(ii) has not been restored with assistance from a public or private wetland restoration
58.17program;
58.18(3) activities in a wetland that has received a commenced drainage determination
58.19provided for by the federal Food Security Act of 1985, that was made to the county
58.20Agricultural Stabilization and Conservation Service office prior to September 19, 1988,
58.21and a ruling and any subsequent appeals or reviews have determined that drainage of the
58.22wetland had been commenced prior to December 23, 1985;
58.23(4) activities in a type 1 wetland on agricultural land, except for bottomland
58.24hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two
58.25acres in size and located on agricultural land;
58.26 (1) activities in a wetland conducted as part of normal farming practices. For
58.27purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
58.28and ranching activities such as plowing, seeding, cultivating, and harvesting for the
58.29production of feed, food, fuel, fiber, and forest products, but does not include activities
58.30that result in the draining or filling of wetlands in whole or part;
58.31 (2) soil and water conservation practices approved by the soil and water conservation
58.32district, after review by the Technical Evaluation Panel;
58.33(5) (3) aquaculture activities including pond excavation and construction and
58.34maintenance of associated access roads and dikes authorized under, and conducted in
58.35accordance with, a permit issued by the United States Army Corps of Engineers under
59.1section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but
59.2not including construction or expansion of buildings; or
59.3(6) (4) wild rice production activities, including necessary diking and other activities
59.4authorized under a permit issued by the United States Army Corps of Engineers under
59.5section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;.
59.6(7) normal agricultural practices to control noxious or secondary weeds as defined
59.7by rule of the commissioner of agriculture, in accordance with applicable requirements
59.8under state and federal law, including established best management practices; and
59.9(8) agricultural activities in a wetland that is on agricultural land:
59.10(i) annually enrolled in the federal Agriculture Improvement and Reform Act of
59.111996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on
59.12January 1, 2000; or
59.13(ii) subject to subsequent federal farm program restrictions that meet minimum
59.14state standards under this chapter and sections
103A.202 and
103B.3355 and that have
59.15been approved by the Board of Water and Soil Resources, the commissioners of natural
59.16resources and agriculture, and the Pollution Control Agency.
59.17(b) Land enrolled in a federal farm program under paragraph (a), clause (8), is
59.18eligible for easement participation for those acres not already compensated under a federal
59.19program.
59.20(c) The exemption under paragraph (a), clause (4), may be expanded to additional
59.21acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when
59.22the additional acreage is part of a conservation plan approved by the local soil and water
59.23conservation district, the additional draining or filling is necessary for efficient operation
59.24of the farm, the hydrology of the larger wetland system is not adversely affected, and
59.25wetlands other than types 1, 2, and 6 are not drained or filled.
59.26EFFECTIVE DATE.This section is effective the day following final enactment.
59.27 Sec. 51. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
59.28read:
59.29 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
59.30system" means a drainage system as defined in section103E.005, subdivision 12 , and any
59.31ditch or tile lawfully connected to the drainage system. If wetlands drained under this
59.32subdivision are converted to uses prohibited under paragraph (b), clause (2), during the
59.33ten-year period following drainage, the wetlands must be replaced according to section
59.34103G.222.
60.1 (b) A replacement plan is not required for draining of type 1 wetlands, or up to five
60.2acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
60.3drainage benefits for a public drainage system, provided that:
60.4 (1) during the 20-year period that ended January 1, 1992:
60.5 (i) there was an expenditure made from the drainage system account for the public
60.6drainage system;
60.7 (ii) the public drainage system was repaired or maintained as approved by the
60.8drainage authority; or
60.9 (iii) no repair or maintenance of the public drainage system was required under
60.10section103E.705, subdivision 1 , as determined by the public drainage authority; and
60.11 (2) the wetlands are not drained for conversion to:
60.12 (i) platted lots;
60.13 (ii) planned unit, commercial, or industrial developments; or
60.14 (iii) any development with more than one residential unit per 40 acres.
60.15If wetlands drained under this paragraph are converted to uses prohibited under clause
60.16(2) during the ten-year period following drainage, the wetlands must be replaced under
60.17section
103G.222.
60.18 (c) A replacement plan is not required for draining or filling of wetlands, except for
60.19draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
60.20resulting from maintenance and repair of existing public drainage systems.
60.21 (d) A replacement plan is not required for draining or filling of wetlands, except
60.22for draining wetlands that have been in existence for more than 25 years, resulting from
60.23maintenance and repair of existing drainage systems other than public drainage systems.
60.24(e) A replacement plan is not required for draining or filling of wetlands resulting
60.25from activities conducted as part of a public drainage system improvement project that
60.26received final approval from the drainage authority before July 1, 1991, and after July 1,
60.271986, if:
60.28(1) the approval remains valid;
60.29(2) the project remains active; and
60.30(3) no additional drainage will occur beyond that originally approved.
60.31 (e) A replacement plan is not required for draining agricultural land that: (1) was
60.32planted with annually seeded crops before June 10, except for crops that are normally
60.33planted after that date, in eight out of the ten most recent years prior to the impact; (2)
60.34was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most
60.35recent years prior to the impact; or (3) was enrolled in a state or federal land conservation
60.36program and met the requirements of clause (1) or (2) before enrollment.
61.1 (f) The public drainage authority may, as part of the repair, install control structures,
61.2realign the ditch, construct dikes along the ditch, or make other modifications as necessary
61.3to prevent drainage of the wetland.
61.4 (g) Wetlands of all types that would be drained as a part of a public drainage repair
61.5project are eligible for the permanent wetlands preserve under section103F.516 . The
61.6board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
61.7been in existence for more than 25 years on public drainage systems and other wetlands
61.8that have the greatest risk of drainage from a public drainage repair project.
61.9EFFECTIVE DATE.This section is effective the day following final enactment.
61.10 Sec. 52. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
61.11read:
61.12 Subd. 3. Federal approvals. A replacement plan for wetlands is not required for:
61.13(1) activities exempted from federal regulation under United States Code, title 33,
61.14section 1344(f), as in effect on January 1, 1991;
61.15(2) activities authorized under, and conducted in accordance with, an applicable
61.16general permit issued by the United States Army Corps of Engineers under section 404
61.17of the federal Clean Water Act, United States Code, title 33, section 1344, except the
61.18nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
61.19clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
61.20January 1, 1991; or
61.21(3) activities authorized under the federal Clean Water Act, section 404, or the
61.22Rivers and Harbors Act, section 10, regulations that meet minimum state standards
61.23under this chapter and sections103A.202 and
103B.3355 and that have been approved
61.24by the Board of Water and Soil Resources, the commissioners of natural resources and
61.25agriculture, and the Pollution Control Agency.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 53. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
61.28read:
61.29 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
61.30required for:
61.31(1) placement, maintenance, repair, enhancement, or replacement of utility or
61.32utility-type service if:
62.1(i) the impacts of the proposed project on the hydrologic and biological
62.2characteristics of the wetland have been avoided and minimized to the extent possible; and
62.3(ii) the proposed project significantly modifies or alters less than one-half acre of
62.4wetlands;
62.5(2) activities associated with routine maintenance of utility and pipeline
62.6rights-of-way, provided the activities do not result in additional intrusion into the wetland;
62.7(3) alteration of a wetland associated with the operation, maintenance, or repair of
62.8an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
62.9(4) emergency repair and normal maintenance and repair of existing public works,
62.10provided the activity does not result in additional intrusion of the public works into the
62.11wetland and does not result in the draining or filling, wholly or partially, of a wetland;
62.12(5) normal maintenance and minor repair of structures causing no additional
62.13intrusion of an existing structure into the wetland, and maintenance and repair of private
62.14crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
62.15(6) repair and updating of existing individual sewage treatment systems as necessary
62.16to comply with local, state, and federal regulations.
62.17 (1) new placement or maintenance, repair, enhancement, or replacement of existing
62.18utility or utility-type service, including pipelines, if:
62.19 (i) the direct and indirect impacts of the proposed project have been avoided and
62.20minimized to the extent possible; and
62.21 (ii) the proposed project significantly modifies or alters less than one-half acre of
62.22wetlands;
62.23 (2) activities associated with operation, routine maintenance, or emergency repair of
62.24existing utilities and public work structures, including pipelines, provided the activities
62.25do not result in additional wetland intrusion or additional draining or filling of a wetland
62.26either wholly or partially; or
62.27 (3) repair and updating of existing individual sewage treatment systems necessary to
62.28comply with local, state, and federal regulations.
62.29 (b) For maintenance, repair, and replacement, the local government unit may issue
62.30a seasonal or annual exemption certification or the utility may proceed without local
62.31government unit certification if the utility is carrying out the work according to approved
62.32best management practices. Work of an emergency nature may proceed as necessary
62.33and any drain or fill activities shall be addressed with the local government unit after
62.34the emergency work has been completed.
62.35EFFECTIVE DATE.This section is effective the day following final enactment.
63.1 Sec. 54. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
63.2read:
63.3 Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a
63.4replacement plan for wetlands is not required for draining or filling the following amounts
63.5of wetlands as part of a project:
63.6 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
63.7tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
63.880 percent area;
63.9 (2)5,000 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar
63.10and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80
63.11percent area;
63.12 (3)2,000 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland
63.13wetland protection zone in a less than 50 percent area;
63.14 (4)400 100 square feet of wetland types not listed in clauses (1) to (3) outside of
63.15the building setback zone of the shoreland wetland protection zones in all counties;or
63.16 (5) 400 square feet oftype 1, 2, 3, 4, 5, 6, 7, or 8 wetland types listed in clauses (1)
63.17to (3),in beyond the building setback zone, as defined in the local shoreland management
63.18ordinance, but within the shoreland wetland protection zone, except that. In a greater
63.19than 80 percent area, the local government unit may increase the de minimis amount
63.20up to 1,000 square feetin the shoreland protection zone in areas beyond the building
63.21setback if the wetland is isolated and is determined to have no direct surficial connection
63.22to the public water. To the extent that a local shoreland management ordinance is more
63.23restrictive than this provision, the local shoreland ordinance applies; or
63.24 (6) up to 20 square feet of wetland, regardless of type or location.
63.25 (b) The amounts listed in paragraph (a), clauses (1) to(5) (6), may not be combined
63.26on a project.
63.27 (c) This exemption no longer applies to a landowner's portion of a wetland when
63.28the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
63.29the greatest of:
63.30 (1) the applicable area listed in paragraph (a), if the landowner owns the entire
63.31wetland;
63.32 (2) five percent of the landowner's portion of the wetland; or
63.33 (3) 400 square feet.
63.34 (d) This exemption may not be combined with another exemption in this section on
63.35a project.
63.36 (e) Property may not be divided to increase the amounts listed in paragraph (a).
64.1EFFECTIVE DATE.This section is effective the day following final enactment.
64.2 Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
64.3read:
64.4 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
64.5under an exemption in subdivisions 1 to 10 shall ensure that:
64.6 (1) appropriate erosion control measures are taken to prevent sedimentation of
64.7the water;
64.8 (2) the activity does not block fish passage in a watercourse; and
64.9 (3) the activity is conducted in compliance with all other applicable federal,
64.10state, and local requirements, including best management practices and water resource
64.11protection requirements established under chapter 103H.
64.12 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
64.13may be indicated as not exempt under another exemption.
64.14 (c) Persons proposing to conduct an exempt activity are encouraged to contact the
64.15local government unit or the local government unit's designee for advice on minimizing
64.16wetland impacts.
64.17 (d) The board shall develop rules that address the application and implementation
64.18of exemptions and that provide for estimates and reporting of exempt wetland impacts,
64.19including those in section 103G.2241, subdivisions 2, 6, and 9.
64.20EFFECTIVE DATE.This section is effective the day following final enactment.
64.21 Sec. 56. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
64.22read:
64.23 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
64.24or type of a wetland shall be submitted to and determined by a Technical Evaluation
64.25Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
64.26a technical professional employee of the board, a technical professional employee of
64.27the local soil and water conservation district or districts, a technical professional with
64.28expertise in water resources management appointed by the local government unit, and
64.29a technical professional employee of the Department of Natural Resources for projects
64.30affecting public waters or wetlands adjacent to public waters. The panel shall use the
64.31"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
64.32including updates, supplementary guidance, and replacements, if any, "Wetlands of
64.33the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
64.34and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
65.1edition). The panel shall provide the wetland determination and recommendations on
65.2other technical matters to the local government unit that must approve a replacement
65.3plan, wetland banking plan, exemption determination, no-loss determination, or wetland
65.4boundary or type determination and may recommend approval or denial of the plan. The
65.5authority must consider and include the decision of the Technical Evaluation Panel in their
65.6approval or denial of a plan or determination.
65.7 (b) Persons conducting wetland or public waters boundary delineations or type
65.8determinations are exempt from the requirements of chapter 326.By January 15, 2001,
65.9the board, in consultation with the Minnesota Association of Professional Soil Scientists,
65.10the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
65.11for a professional wetland delineator certification program to the legislature. The board
65.12may develop a professional wetland delineator certification program.
65.13EFFECTIVE DATE.This section is effective the day following final enactment.
65.14 Sec. 57. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
65.15read:
65.16 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
65.17for a wetland boundary or type determination from the local government unit. The
65.18landowner applying for the determination is responsible for submitting proof necessary
65.19to make the determination, including, but not limited to, wetland delineation field data,
65.20observation well data, topographic mapping, survey mapping, and information regarding
65.21soils, vegetation, hydrology, and groundwater both within and outside of the proposed
65.22wetland boundary.
65.23 (b) A local government unit that receives an application under paragraph (a) may
65.24seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
65.25necessary, expand the Technical Evaluation Panel. The local government unit may delegate
65.26the decision authority for wetland boundary or type determinationswith the zoning
65.27administrator to designated staff, or establish other procedures it considers appropriate.
65.28 (c) The local government unit decision must be made in compliance with section
65.2915.99
. Within ten calendar days of the decision, the local government unit decision must
65.30be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
65.31district or watershed management organization, if one exists, and individual members of
65.32the public who request a copy.
65.33 (d) Appeals of decisions made by designated local government staff must be made
65.34to the local government unit. Notwithstanding any law to the contrary, a ruling on an
66.1appeal must be made by the local government unit within 30 days from the date of the
66.2filing of the appeal.
66.3 (e) The local government unit decision is valid for three years unless the Technical
66.4Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
66.5or soils of the area have been sufficient to alter the wetland boundary or type.
66.6EFFECTIVE DATE.This section is effective the day following final enactment.
66.7 Sec. 58. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
66.8read:
66.9 Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking,
66.10wetland boundary or type determination,or no-loss decision, or restoration order may
66.11be obtained by mailing a petition and payment of a filing feeof $200, which shall be
66.12retained by the board to defray administrative costs, to the board within 30 days after the
66.13postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
66.1430 days, the decision becomes final.The local government unit may require the petitioner
66.15to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the
66.16petition for hearing is accepted, the amount posted must be returned to the petitioner.
66.17Appeal may be made by:
66.18 (1) the wetland owner;
66.19 (2) any of those to whom notice is required to be mailed under subdivision 7; or
66.20 (3) 100 residents of the county in which a majority of the wetland is located.
66.21 (b) Within 30 days after receiving a petition, the board shall decide whether to
66.22grant the petition and hear the appeal. The board shall grant the petition unless the board
66.23finds that:
66.24 (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
66.25 (2) the petitioner has not exhausted all local administrative remedies;
66.26 (3) expanded technical review is needed;
66.27 (4) the local government unit's record is not adequate; or
66.28 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
66.29by the local government unit.
66.30 (c) In determining whether to grant the appeal, the board shall also consider the
66.31size of the wetland, other factors in controversy, any patterns of similar acts by the local
66.32government unit or petitioner, and the consequences of the delay resulting from the appeal.
66.33 (d) All appeals must be heard by the committee for dispute resolution of the board,
66.34and a decision made within 60 days of filing the local government unit's record and the
66.35written briefs submitted for the appeal. The decision must be served by mail on the parties
67.1to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
67.2grant a petition for appeal and a decision on the merits of an appeal must be considered the
67.3decision of an agency in a contested case for purposes of judicial review under sections
67.414.63
to
14.69 .
67.5 (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
67.6defray the administrative costs of appeals made to the board under this subdivision. Fees
67.7established under this authority shall not exceed $1,000. Establishment of the fee is not
67.8subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
67.9EFFECTIVE DATE.This section is effective the day following final enactment.
67.10 Sec. 59. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
67.11read:
67.12 Subd. 12. Replacement credits. (a) No public or private wetland restoration,
67.13enhancement, or construction may be allowed for replacement unless specifically
67.14designated for replacement and paid for by the individual or organization performing the
67.15wetland restoration, enhancement, or construction, and is completed prior to any draining
67.16or filling of the wetland.
67.17 (b) Paragraph (a) does not apply to a wetland whose owner has paid back with
67.18interest the individual or organization restoring, enhancing, or constructing the wetland.
67.19 (c) Notwithstanding section103G.222, subdivision 1 , paragraph (h) (i), the
67.20following actions, and others established in rule, that are consistent with criteria in rules
67.21adopted by the board in conjunction with the commissioners of natural resources and
67.22agriculture, are eligible for replacement credit as determined by the local government unit,
67.23including enrollment in a statewide wetlands bank:
67.24 (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
67.25on agricultural land that was planted with annually seeded crops, was in a crop rotation
67.26seeding of pasture grasses or legumes, or was in a land retirement program during the
67.27past ten years;
67.28 (2) buffer areas of permanent native, noninvasive vegetative cover established or
67.29preserved on upland adjacent to replacement wetlands;
67.30 (3) wetlands restored for conservation purposes under terminated easements or
67.31contracts; and
67.32 (4) water quality treatment ponds constructed to pretreat storm water runoff prior
67.33to discharge to wetlands, public waters, or other water bodies, provided that the water
67.34quality treatment ponds must be associated with an ongoing or proposed project that
67.35will impact a wetland and replacement credit for the treatment ponds is based on the
68.1replacement of wetland functions and on an approved stormwater management plan for
68.2the local government.
68.3 (d) Notwithstanding section103G.222, subdivision 1 , paragraphs (e) (f) and (f) (g),
68.4the board may establish by rule different replacement ratios for restoration projects with
68.5exceptional natural resource value.
68.6EFFECTIVE DATE.This section is effective the day following final enactment.
68.7 Sec. 60. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
68.8read:
68.9 Subd. 15. Fees paid to board. All fees established insubdivision subdivisions 9
68.10and 14 must be paid to the Board of Water and Soil Resourcesand credited to the general
68.11fund to be used for the purpose of administration of the wetland bank and to process
68.12appeals under section 103G.2242, subdivision 9.
68.13EFFECTIVE DATE.This section is effective the day following final enactment.
68.14 Sec. 61. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
68.15read:
68.16 Subd. 2. Plan contents. A comprehensive wetland protection and management
68.17plan may:
68.18 (1) provide for classification of wetlands in the plan area based on:
68.19 (i) an inventory of wetlands in the plan area;
68.20 (ii) an assessment of the wetland functions listed in section103B.3355 , using a
68.21methodology chosen by the Technical Evaluation Panel from one of the methodologies
68.22established or approved by the board under that section; and
68.23 (iii) the resulting public values;
68.24 (2) vary application of the sequencing standards in section103G.222, subdivision 1 ,
68.25paragraph (b), for projects based on the classification and criteria set forth in the plan;
68.26 (3) vary the replacement standards of section103G.222, subdivision 1 , paragraphs
68.27(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific
68.28wetland impacts provided there is no net loss of public values within the area subject to
68.29the plan, and so long as:
68.30 (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
68.31wetland for each acre of drained or filled wetland requiring replacement is met within
68.32the area subject to the plan; and
69.1 (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
69.2replaced wetland for each acre of drained or filled wetland requiring replacement is met
69.3within the area subject to the plan, except that replacement for the amount above a 1:1
69.4ratio can be accomplished as described in section103G.2242, subdivision 12 ; and
69.5 (4) in a greater than 80 percent area, allow replacement credit, based on the
69.6classification and criteria set forth in the plan, for any project that increases the public
69.7value of wetlands, including activities on adjacent upland acres; and.
69.8(5) in a greater than 80 percent area, based on the classification and criteria set forth
69.9in the plan, expand the application of the exemptions in section
103G.2241, subdivision
69.101
, paragraph (a), clause (4), to also include nonagricultural land, provided there is no
69.11net loss of wetland values.
69.12EFFECTIVE DATE.This section is effective the day following final enactment.
69.13 Sec. 62. Minnesota Statutes 2006, section 103G.235, is amended to read:
69.14103G.235 RESTRICTIONS ON ACCESS TOPUBLIC WATERS WETLANDS.
69.15 Subdivision 1. Wetlands adjacent to roads. To protect the public health or safety,
69.16local units of government may by ordinance restrict public access to public waters
69.17wetlands from municipality, county, or township roads that abut public waters wetlands.
69.18 Subd. 2. Privately restored or created wetlands. When a landowner creates a new
69.19wetland or restores a formerly existing wetland on private land that is adjacent to public
69.20land or a public road right-of-way, there is no public access to the created or restored
69.21wetland if posted by the landowner.
69.22 Sec. 63. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:
69.23 Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
69.24receiving, recording, and processing the application must be paid for a permit authorized
69.25under this chapter and for each request to amend or transfer an existing permit.
69.26 (b) The fee to apply for a permit to appropriate water by a nonpublic, nonagricultural
69.27irrigation applicant must be assessed to recover the reasonable costs of preparing and
69.28issuing the permit. Fees collected under this paragraph must be credited to an account in
69.29the natural resources fund and are appropriated to the commissioner.
69.30(b) (c) The fee to apply for a permit to appropriate water, other than a permit subject
69.31to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam
69.32safety inspection,; or a state general permit or to apply for the state water bank program is
69.33$150. The application fee for a permit to work in public waters or to divert waters for
70.1mining must be at least $150, but not more than $1,000, according to a schedule of fees
70.2adopted under section16A.1285 .
70.3 Sec. 64. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
70.4 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections
70.5115.55
to
115.56 .
70.6 (b) "Advisory committee" means the Advisory Committee on Individual Sewage
70.7Treatment Systems established under the individual sewage treatment system rules. The
70.8advisory committee must be appointed to ensure geographic representation of the state
70.9and include elected public officials.
70.10 (c) "Applicable requirements" means:
70.11 (1) local ordinances that comply with the individual sewage treatment system rules,
70.12as required in subdivision 2; or
70.13 (2) in areas not subject to the ordinances described in clause (1), the individual
70.14sewage treatment system rules.
70.15 (d) "City" means a statutory or home rule charter city.
70.16 (e) "Commissioner" means the commissioner of the Pollution Control Agency.
70.17 (f) "Dwelling" means a building or place used or intended to be used by human
70.18occupants as a single-family or two-family unit.
70.19 (g) "Individual sewage treatment system" or "system" means a sewage treatment
70.20system, or part thereof, serving a dwelling, other establishment, or group thereof, that
70.21uses subsurface soil treatment and disposal.
70.22 (h) "Individual sewage treatment system professional" means an inspector, installer,
70.23site evaluator or designer, or pumper.
70.24 (i) "Individual sewage treatment system rules" means rules adopted by the agency
70.25that establish minimum standards and criteria for the design, location, installation, use,
70.26and maintenance of individual sewage treatment systems.
70.27 (j) "Inspector" means a person who inspects individual sewage treatment systems for
70.28compliance with the applicable requirements.
70.29 (k) "Installer" means a person who constructs or repairs individual sewage treatment
70.30systems.
70.31 (l) "Local unit of government" means a township, city, or county.
70.32 (m) "Performance-based system" means a system that is designed specifically for a
70.33site and the environmental conditions on that site and designed to adequately protect the
70.34public health and the environment and provide long-term performance. At a minimum, a
71.1performance based system must ensure that applicable water quality standards are met in
71.2both ground and surface water that ultimately receive the treated wastewater.
71.3 (n) "Pumper" means a person who maintains components of individual sewage
71.4treatment systems including, but not limited to, septic, aerobic, and holding tanks.
71.5(n) (o) "Seasonal dwelling" means a dwelling that is occupied or used for less than
71.6180 days per year and less than 120 consecutive days.
71.7(o) (p) "Septic system tank" means any covered receptacle designed, constructed,
71.8and installed as part of an individual sewage treatment system.
71.9(p) (q) "Site evaluator or designer" means a person who:
71.10 (1) investigates soils and site characteristics to determine suitability, limitations, and
71.11sizing requirements; and
71.12 (2) designs individual sewage treatment systems.
71.13(q) (r) "Straight-pipe system" means a sewage disposal system that includes toilet
71.14waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
71.15system, or ground surface.
71.16 Sec. 65. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:
71.17 Subd. 2. Local ordinances. (a) All countiesthat did not adopt ordinances by
71.18May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with
71.19revisions to the individual sewage treatment system rulesby January 1, 1999, unless all
71.20towns and cities in the county have adopted such ordinances within two years of the final
71.21adoption by the agency. County ordinances must apply to all areas of the county other
71.22than cities or towns that have adopted ordinances that comply with this section and are
71.23as strict as the applicable county ordinances.Any ordinance adopted by a local unit of
71.24government before May 7, 1994, to regulate individual sewage treatment systems must be
71.25in compliance with the individual sewage treatment system rules by January 1, 1998.
71.26 (b) A copy of each ordinance adopted under this subdivision must be submitted to
71.27the commissioner upon adoption.
71.28 (c) A local unit of government must make available to the public upon request a
71.29written list of any differences between its ordinances and rules adopted under this section.
71.30 Sec. 66. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:
71.31 Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and
71.32criteria for the design, location, installation, use, and maintenance of individual sewage
71.33treatment systems. The rules must include:
71.34 (1) how the agency will ensure compliance under subdivision 2;
72.1 (2) how local units of government shall enforce ordinances under subdivision 2,
72.2including requirements for permits and inspection programs;
72.3 (3) how the advisory committee will participate in review and implementation of
72.4the rules;
72.5 (4) provisions foralternative nonstandard systems and performance-based systems;
72.6 (5) provisions for handling and disposal of effluent;
72.7 (6) provisions for system abandonment; and
72.8 (7) procedures for variances, including the consideration of variances based on cost
72.9and variances that take into account proximity of a system to other systems.
72.10 (b) The agency shall consult with the advisory committee before adopting rules
72.11under this subdivision.
72.12 (c) Notwithstanding the repeal of the agency rule under which the commissioner
72.13has established a list of warrantied individual sewage treatment systems, the warranties
72.14for all systems so listed as of the effective date of the repeal shall continue to be valid
72.15for the remainder of the warranty period.
72.16 (d) The rules required in paragraph (a) must also address the following:
72.17 (1) a definition of redoximorphic features and other criteria that can be used by
72.18system designers and inspectors;
72.19 (2) direction on the interpretation of observed soil features that may be
72.20redoximorphic and their relation to zones of seasonal saturation; and
72.21 (3) procedures on how to resolve professional disagreements on seasonally saturated
72.22soils.
72.23These rules must be in place by March 31, 2006.
72.24 Sec. 67. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
72.25to read:
72.26 Subd. 12. Advisory committee; county individual sewage treatment system
72.27management plan. (a) A county may adopt an individual sewage treatment system
72.28management plan that describes how the county plans on carrying out individual sewage
72.29treatment system needs. The commissioner of the Pollution Control Agency shall form an
72.30advisory committee to determine what the plans should address. The advisory committee
72.31shall be made up of representatives of the Association of Minnesota Counties, Pollution
72.32Control Agency, Board of Water and Soil Resources, Department of Health, and other
72.33public agencies that have an interest in individual sewage treatment systems.
72.34 (b) The advisory committee shall advise the agency on the standards, management,
72.35monitoring, and reporting requirements for performance-based systems.
73.1 Sec. 68. Minnesota Statutes 2006, section 116C.92, is amended to read:
73.2116C.92 COORDINATION OF ACTIVITIES.
73.3 Subdivision 1. State coordinating organization. The Environmental Quality Board
73.4is designated the state coordinating organization for state and federal regulatory activities
73.5relating to genetically engineered organisms.
73.6 Subd. 2. Notice of nationwide action. The board shall notify interested parties if a
73.7permit to release genetically engineered wild rice is issued anywhere in the United States.
73.8For purposes of this subdivision, "interested parties" means:
73.9 (1) the state's wild rice industry;
73.10 (2) the legislature;
73.11 (3) federally recognized tribes within Minnesota; and
73.12 (4) individuals who request to be notified.
73.13 Sec. 69. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:
73.14 Subdivision 1. General authority. (a) Except as provided in paragraph (b), the
73.15board shall adopt rules consistent with sections116C.91 to
116C.96 that require an
73.16environmental assessment worksheet and otherwise comply with chapter 116D and rules
73.17adopted under it for a proposed release and a permit for a release. The board may place
73.18conditions on a permit and may deny, modify, suspend, or revoke a permit.
73.19 (b) The board shall adopt rules that require an environmental impact statement and
73.20otherwise comply with chapter 116D and rules adopted under it for a proposed release and
73.21a permit for a release of genetically engineered wild rice. The board may place conditions
73.22on the permit and may deny, modify, suspend, or revoke the permit.
73.23 Sec. 70. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:
73.24 Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at
73.25the request of any person, that a federal program exists for regulating the release of certain
73.26genetically engineered organisms and the federal oversight under the program is adequate
73.27to protect human health or the environment, then any person may release such genetically
73.28engineered organisms after obtaining the necessary federal approval and without obtaining
73.29a state release permit or a significant environmental permit or complying with the other
73.30requirements of sections116C.91 to
116C.96 and the rules of the board adopted pursuant
73.31to section116C.94 .
73.32 (b) If the board determines the federal program is adequate to meet only certain
73.33requirements of sections116C.91 to
116C.96 and the rules of the board adopted pursuant
73.34to section116C.94 , the board may exempt such releases from those requirements.
74.1 (c) A person proposing a release for which a federal authorization is required may
74.2apply to the board for an exemption from the board's permit or to a state agency with a
74.3significant environmental permit for the proposed release for an exemption from the
74.4agency's permit. The proposer must file with the board or state agency a written request
74.5for exemption with a copy of the federal application and the information necessary to
74.6determine if there is a potential for significant environmental effects under chapter 116D
74.7and rules adopted under it. The board or state agency shall give public notice of the request
74.8in the first available issue of the EQB Monitor and shall provide an opportunity for public
74.9comment on the environmental review process consistent with chapter 116D and rules
74.10adopted under it. The board or state agency may grant the exemption if the board or state
74.11agency finds that the federal authorization issued is adequate to meet the requirements of
74.12chapter 116D and rules adopted under it and any other requirement of the board's or state
74.13agency's authority regarding the release of genetically engineered organisms. The board
74.14or state agency must grant or deny the exemption within 45 days after the receipt of the
74.15written request and the information required by the board or state agency.
74.16 (d) This subdivision does not apply to genetically engineered organisms for which
74.17an environmental impact statement is required under sections 116C.91 to 116C.96.
74.18 Sec. 71. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:
74.19 Subd. 4. All-terrain vehicle. Approximately0.15 0.27 of one percent of all gasoline
74.20received in or produced or brought into this state, except gasoline used for aviation
74.21purposes, is being used for the operation of all-terrain vehicles in this state, and of the total
74.22revenue derived from the imposition of the gasoline fuel tax,0.15 0.27 of one percent is
74.23the amount of tax on fuel used in all-terrain vehicles operated in this state.
74.24 Sec. 72. Laws 2003, chapter 128, article 1, section 169, is amended to read:
74.25 Sec. 169. CONTINUOUS TRAIL DESIGNATION.
74.26 (a) The commissioner of natural resources shall locate, plan, design, map, construct,
74.27designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
74.28of not less than 70 continuous miles in length on any land owned by the state or in
74.29cooperation with any county on land owned by that county or on a combination of any of
74.30these lands. This new trail shall be ready for use byApril 1, 2007 June 30, 2009.
74.31 (b) All funding for this new trail shall come from the all-terrain vehicle dedicated
74.32account and is appropriated each year as needed.
74.33 (c) This new trail shall have at least two areas of access complete with appropriate
74.34parking for vehicles and trailers and enough room for loading and unloading all-terrain
75.1vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
75.2inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
75.3trail. This new trail may be of a continuous loop design and shall provide for spurs to other
75.4all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
75.5of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.
75.6 Sec. 73. Laws 2006, chapter 236, article 1, section 21, is amended to read:
75.7 Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
75.8ITASCA COUNTY.
75.9 (a) For the purpose of a land exchange for use in connection with a proposed
75.10steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
75.11subdivision 3, title examination and approval of the land described in paragraph (b)
75.12shall be undertaken as a condition of exchange of the land for class B land, and shall be
75.13governed by Minnesota Statutes, section94.344, subdivisions 9 and 10, and the provisions
75.14of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
75.15section94.344, subdivisions 9 and 10, the county attorney shall examine one or more title
75.16reports or title insurance commitments prepared or underwritten by a title insurer licensed
75.17to conduct title insurance business in this state, regardless of whether abstracts were
75.18created or updated in the preparation of the title reports or commitments. The opinion of
75.19the county attorney, and approval by the attorney general, shall be based on those title
75.20reports or commitments.
75.21 (b) The land subject to this section is located in Itasca County and is described as:
75.22 (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
75.2356 North, Range 22 West;
75.24 (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
75.25 (3) Section 30, Township 57 North, Range 22 West; and
75.26 (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
75.27 (c) Riparian land given in exchange by Itasca County for the purpose of the steel
75.28mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
75.29Statutes, section94.342, subdivision 3 .
75.30 (d) Notwithstanding Minnesota Statutes, sections92.45 and
282.018, subdivision 1 ,
75.31and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
75.32by private sale, any land received in exchange for the purpose of the steel mill referenced
75.33in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
75.34sale must be in a form approved by the attorney general.
76.1 (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
76.2law to the contrary, land acquired through an exchange under this section is exempt from
76.3payment of three percent of the sales price required to be collected by the county auditor
76.4at the time of sale for deposit in the state treasury.
76.5 Sec. 74. ENDOCRINE DISRUPTOR REPORT.
76.6 The commissioner of the Pollution Control Agency shall prepare a report on
76.7strategies to prevent the entry of endocrine disruptors into waters of the state. The report
76.8must include an estimate for each strategy of the proportion of endocrine disruptors that
76.9are prevented from entering the waters of the state. The commissioner shall submit the
76.10report to the house and senate committees having jurisdiction over environment and
76.11natural resources policy and finance by January 15, 2008.
76.12 Sec. 75. EASEMENT REPORT REQUIRED.
76.13 By January 1, 2008, the commissioner of natural resources must report to the
76.14house and senate committees with jurisdiction over environment and natural resources
76.15finance with proposed minimum legal and conservation standards that could be applied
76.16to conservation easements acquired with public money.
76.17 Sec. 76. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
76.18 Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
76.19the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of
76.2020 years, for use as a tailings basin and buffer area. A lease entered under this section
76.21is renewable.
76.22 Sec. 77. WILD RICE STUDY.
76.23 By February 15, 2008, the commissioner of natural resources must prepare a study
76.24for natural wild rice that includes:
76.25 (1) the current location and estimated acreage and area of natural stands;
76.26 (2) identified threats to natural stands, including, but not limited to, development
76.27pressure, water levels, pollution, invasive species, and genetic strains; and
76.28 (3) recommendations to the house and senate committees with jurisdiction over
76.29natural resources on protecting and increasing natural wild rice stands in the state.
76.30 In developing the study, the commissioner must contact and ask for comments
76.31from the state's wild rice industry, the commissioner of agriculture, local officials with
77.1significant areas of wild rice within their jurisdictions, tribal leaders within affected
77.2federally recognized tribes, and interested citizens.
77.3EFFECTIVE DATE.This section is effective the day following final enactment.
77.4 Sec. 78. CONSTRUCTION.
77.5 Nothing in sections 68, 69, 70, and 77 affects, alters, or modifies the authorities,
77.6responsibilities, obligations, or powers of the state or any political subdivision thereof or
77.7any federally recognized tribe.
77.8 Sec. 79. TECHNICAL ASSISTANCE.
77.9 The commissioner of the Pollution Control Agency shall establish a database of
77.10best practices regarding the installation, management, and maintenance of individual
77.11sewage treatment systems. The database must be made available to any interested public
77.12or private party.
77.13 Sec. 80. RULEMAKING.
77.14 Within 90 days of the effective date of this section, the Board of Water and Soil
77.15Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
77.16statute changes and to address the related wetland exemption provisions in Minnesota
77.17Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions
77.18in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the
77.19rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes,
77.20section 14.386, applies and the proposed rules must be submitted to the senate and house
77.21committees having jurisdiction over environment and natural resources at least 30 days
77.22prior to being published in the State Register. The amended rules are effective for two
77.23years from the date of publication in the State Register unless they are superseded by
77.24permanent rules.
77.25EFFECTIVE DATE.This section is effective the day following final enactment.
77.26 Sec. 81. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
77.27 (a) The following area is established and designated as the Vermillion Highlands
77.28Wildlife Management Area, subject to the special permitted uses authorized in this section:
77.29 The approximately 2,840 acres owned by the University of Minnesota lying within
77.30the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
77.31Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
78.1West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
78.219 West, Dakota County.
78.3 (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
78.4(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
78.5 (1) education, outreach, and agriculture with the intent to eventually phase out
78.6agriculture leases and plant and restore native prairie;
78.7 (2) research by the University of Minnesota or other permitted researchers;
78.8 (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related
78.9recreation of a natural outdoors experience, without constructing new hard surface trails
78.10or roads, and supporting management and improvements;
78.11 (4) designated trails for hiking, horseback riding, biking, and cross-country skiing
78.12and necessary trailhead support with minimal impact on the permitted uses in clause (3);
78.13 (5) shooting sports facilities for sporting clays, skeet, American and international
78.14trapshooting, and rifle and pistol shooting, including sanctioned events and training for
78.15responsible handling and use of firearms;
78.16 (6) grant-in-aid snowmobile trails; and
78.17 (7) leases for small-scale farms to market vegetable farming.
78.18 (c) With the concurrence of representatives of the University of Minnesota and
78.19Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
78.20permitted uses as follows:
78.21 (1) temporarily close areas or trails, by posting at the access points, to facilitate
78.22hunting. When temporarily closing trails under this clause, the commissioner shall avoid
78.23closing all trail loops simultaneously whenever practical; or
78.24 (2) limit other permitted uses to accommodate hunting and trapping after providing
78.25advance public notice. Research conducted by the university may not be limited unless
78.26mutually agreed by the commissioner and the University of Minnesota.
78.27 (d) Road maintenance within the wildlife management area shall be minimized, with
78.28the intent to abandon interior roads when no longer needed for traditional agriculture
78.29purposes.
78.30 (e) Money collected on leases from lands within the wildlife management area
78.31must be kept in a separate account and spent within the wildlife management area under
78.32direction of the representatives listed in paragraph (c). $200,000 of this money may be
78.33transferred to the commissioner of natural resources for a master planning process and
78.34resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision
78.356, in order to provide needed prairie and wetland restoration. The commissioner must work
79.1with affected officials from the University of Minnesota and Dakota County to complete
79.2these requirements and inform landowners and lessees about the planning process.
79.3 (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
79.4of Minnesota shall not provide payments in lieu of taxes for the lands described in
79.5paragraph (a).
79.6 Sec. 82. REPEALER.
79.7(a) Minnesota Statutes 2006, section 89A.11, is repealed.
79.8(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.
79.9EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007.
79.10Paragraph (b) of this section is effective the day following final enactment.
1.3resources; modifying disposition of certain revenue; authorizing certain sales;
1.4modifying and creating certain accounts; modifying and establishing certain fees
1.5and surcharges; establishing an off-highway vehicle safety and conservation
1.6program; defining certain terms; providing for venison donation; providing for
1.7prairie establishment guidance; creating the Cuyuna Country State Recreation
1.8Area Citizens Advisory Council; exempting certain exchanged land from the
1.9tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited
1.10lands; modifying definition of public official; modifying agency service
1.11requirements; creating a grant program; designating a state wildlife management
1.12area; improving oversight of local government water management; modifying
1.13authority of watershed district board of managers and soil and water conservation
1.14board of supervisors; modifying provisions for wetland conservation; modifying
1.15requirements for ditch buffers; modifying provisions for individual sewage
1.16treatment systems; providing for civil enforcement; modifying provisions for
1.17regulating genetically engineered organisms; establishing requirements for
1.18acquisition of easements; modifying access to certain wetlands; modifying
1.19percentage of gasoline use attributable to all-terrain vehicles; modifying trail
1.20designation requirements; eliminating sunset of sustainable forest resources
1.21provisions; authorizing rulemaking; requiring reports and studies; amending
1.22Minnesota Statutes 2006, sections 10A.01, subdivision 35; 15.99, subdivision 3;
1.2316A.531, subdivision 1a; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272,
1.24by adding a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision
1.252; 84.963; 84D.13, subdivision 7; 85.054, by adding a subdivision; 86B.706,
1.26subdivision 2; 89.22, subdivision 2; 93.22, subdivision 1; 97A.055, subdivision
1.274; 97A.065, by adding a subdivision; 97A.133, by adding a subdivision;
1.2897A.475, subdivision 7, by adding a subdivision; 97A.485, subdivision 7;
1.2997C.081, subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding
1.30a subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2,
1.313, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
1.32103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
1.33subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3,
1.346, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2;
1.35103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a
1.36subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 296A.18,
1.37subdivision 4; Laws 2003, chapter 128, article 1, section 169; Laws 2006, chapter
1.38236, article 1, section 21; proposing coding for new law in Minnesota Statutes,
2.1chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing Minnesota Statutes
2.22006, sections 89A.11; 103G.2241, subdivision 8.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.7 |
Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
||||||
2.9agencies and for the purposes specified in this article. The appropriations are from the
2.10general fund, or another named fund, and are available for the fiscal years indicated
2.11for each purpose. The figures "2008" and "2009" used in this article mean that the
2.12appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.13June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.14year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.15year ending June 30, 2007, are effective the day following final enactment.
| 2.16 |
APPROPRIATIONS |
||||||
| 2.17 |
Available for the Year |
||||||
| 2.18 |
Ending June 30 |
||||||
| 2.19 |
2008 |
2009 |
|||||
| 2.20 |
Sec. 2. POLLUTION CONTROL AGENCY |
||||||
| 2.21 |
Subdivision 1.Total Appropriation |
$ |
100,271,000 |
$ |
99,989,000 |
||
2.30purpose are specified in the following
2.31subdivisions.
| 2.32 |
Subd. 2.Water |
42,928,000 |
42,248,000 |
||||
| 2.33 |
Appropriations by Fund |
||
| 2.34 |
General |
23,326,000 |
23,266,000 |
| 2.35 2.36 |
State Government Special Revenue |
48,000 |
48,000 |
| 3.1 |
Remediation |
550,000 |
-0- |
| 3.2 |
Environmental |
19,004,000 |
18,934,000 |
3.4the second year are for the clean water
3.5partnership program. Any balance remaining
3.6in the first year does not cancel and
3.7is available for the second year. This
3.8appropriation may be used for grants to
3.9local units of government for the purpose
3.10of restoring impaired waters listed under
3.11section 303(d) of the federal Clean Water
3.12Act in accordance with adopted total
3.13maximum daily loads (TMDL's), including
3.14implementation of approved clean water
3.15partnership diagnostic study work plans that
3.16will assist in restoration of such impaired
3.17waters.
3.18$2,324,000 the first year and $2,324,000
3.19the second year are for grants to delegated
3.20counties to administer the county feedlot
3.21program. The commissioner, in consultation
3.22with the Minnesota Association of County
3.23Feedlot Officers executive team, may use up
3.24to five percent of the annual appropriation
3.25for initiatives to enhance existing delegated
3.26county feedlot programs, information and
3.27education, or technical assistance to reduce
3.28feedlot-related pollution hazards. Any
3.29unexpended balance in the first year does not
3.30cancel but is available in the second year.
3.31$335,000 the first year and $335,000 the
3.32second year are for community technical
3.33assistance and education, including grants
3.34and technical assistance to communities for
3.35local and basinwide water quality protection.
4.1$405,000 the first year and $405,000 the
4.2second year are for individual sewage
4.3treatment system (ISTS) administration and
4.4grants. Of this amount, $86,000 each year
4.5is for assistance to counties through grants
4.6for ISTS program administration. Any
4.7unexpended balance in the first year does not
4.8cancel but is available in the second year.
4.9$480,000 the first year and $480,000 the
4.10second year are from the environmental
4.11fund to address the need for continued
4.12increased activity in the areas of new
4.13technology review, technical assistance
4.14for local governments, and enforcement
4.15under Minnesota Statutes, sections 115.55
4.16to 115.58, and to complete the requirements
4.17of Laws 2003, chapter 128, article 1, section
4.18165. Of this amount, $48,000 each year is for
4.19administration of individual septic tank fees.
4.20$375,000 the first year and $375,000 the
4.21second year are to monitor and analyze
4.22endocrine disruptors in surface waters in at
4.23least 20 additional sites. The data must be
4.24placed on the agency's Web site.
4.25$15,317,000 the first year and $15,317,000
4.26the second year are to implement the
4.27requirements of Minnesota Statutes, chapter
4.28114D. Of this amount, $6,317,000 each
4.29year is for completion of ten percent of the
4.30needed statewide assessments of surface
4.31water quality and trends and $9,000,000
4.32each year is to develop TMDL's and TMDL
4.33implementation plans for waters listed on
4.34the United States Environmental Protection
4.35Agency approved impaired waters list. The
5.1agency shall complete an average of ten
5.2percent of the TMDL's each year over the
5.3next ten years.
5.4$690,000 the first year and $690,000 the
5.5second year are from the environmental fund
5.6to provide regulatory services to the ethanol,
5.7mining, and other developing economic
5.8sectors.
5.9$88,000 the first year is for the endocrine
5.10disruptors report required to be completed
5.11under article 2.
5.12$550,000 is appropriated in fiscal year
5.132008 from the remediation fund to the
5.14commissioner of the Pollution Control
5.15Agency for transfer to the commissioner
5.16of health to conduct an evaluation of point
5.17of use water treatment units at removing
5.18perfluorooctanoic acid, perfluorooctane
5.19sulfonate, and perfluorobutanoic acid from
5.20known concentrations of these compounds
5.21in drinking water. The evaluation shall be
5.22completed by December 31, 2007, and the
5.23commissioner of health may contract for
5.24services to complete the evaluation.
5.25By January 15, 2008, the commissioner shall
5.26amend agency rules and, where legislative
5.27action is necessary, provide recommendations
5.28to the house of representatives and senate
5.29divisions on environmental finance on
5.30water and air fee changes that will result in
5.31revenue to the environmental fund to pay for
5.32regulatory services to the ethanol, mining,
5.33and other developing economic sectors.
5.34Notwithstanding Minnesota Statutes, section
5.3516A.28, the appropriations encumbered
6.1under contract on or before June 30, 2009,
6.2for clean water partnership, individual
6.3sewage treatment systems (ISTS), Minnesota
6.4River, total maximum daily loads (TMDL's),
6.5stormwater contracts or grants, and local and
6.6basinwide water quality protection contracts
6.7or grants in this subdivision are available
6.8until June 30, 2011.
| 6.9 |
Subd. 3.Air |
10,623,000 |
10,890,000 |
||||
| 6.10 |
Appropriations by Fund |
||
| 6.11 |
Environmental |
10,623,000 |
10,890,000 |
6.13the second year may be transferred from the
6.14environmental fund to the small business
6.15environmental improvement loan account
6.16established in Minnesota Statutes, section
6.17116.993.
6.18$200,000 the first year and $200,000 the
6.19second year are from the environmental fund
6.20for a monitoring program under Minnesota
6.21Statutes, section 116.454.
6.22$125,000 the first year and $125,000 the
6.23second year are from the environmental fund
6.24for monitoring ambient air for hazardous
6.25pollutants in the metropolitan area.
6.26$760,000 the first year and $76,000 the
6.27second year are from the environmental fund
6.28to provide regulatory services to the ethanol,
6.29mining, and other developing economic
6.30sectors.
| 6.31 |
Subd. 4.Land |
18,081,000 |
18,151,000 |
||||
| 6.32 |
Appropriations by Fund |
||
| 6.33 |
Environmental |
7,065,000 |
7,065,000 |
| 6.34 |
Remediation |
11,016,000 |
11,086,000 |
7.2compensation, and compliance in the
7.3remediation fund not otherwise appropriated
7.4is appropriated to the commissioners of the
7.5Pollution Control Agency and agriculture
7.6for purposes of Minnesota Statutes, section
7.7115B.20, subdivision 2, clauses (1), (2),
7.8(3), (6), and (7). At the beginning of each
7.9fiscal year, the two commissioners shall
7.10jointly submit an annual spending plan
7.11to the commissioner of finance and the
7.12house and senate chairs of environment and
7.13natural resources finance that maximizes the
7.14utilization of resources and appropriately
7.15allocates the money between the two
7.16departments. This appropriation is available
7.17until June 30, 2009.
7.18$3,616,000 the first year and $3,616,000
7.19the second year are transferred from the
7.20petroleum tank fund to the remediation fund
7.21for appropriation to the commissioner for
7.22purposes of the leaking underground storage
7.23tank program to protect the land.
7.24$252,000 the first year and $252,000 the
7.25second year are from the remediation fund to
7.26be transferred to the Department of Health
7.27for health assessments, drinking water
7.28advisories, and public information activities
7.29for areas contaminated by hazardous releases.
| 7.30 |
Subd. 5.Multimedia |
4,879,000 |
4,911,000 |
||||
| 7.31 |
Appropriations by Fund |
||
| 7.32 |
General |
2,288,000 |
2,320,000 |
| 7.33 |
Environmental |
2,591,000 |
2,591,000 |
7.35second year are from the environmental fund
8.1to provide regulatory services to the ethanol,
8.2mining, and other developing economic
8.3sectors.
8.4Notwithstanding Minnesota Statutes, section
8.516A.28, the appropriations encumbered
8.6under contract on or before June 30, 2009, for
8.7total maximum daily load (TMDL) contracts
8.8or grants are available until June 30, 2011.
| 8.9 |
Subd. 6.Environmental Assistance |
22,142,000 |
22,142,000 |
||||
8.11environmental fund for SCORE block grants
8.12to counties.
8.13Any unencumbered grant and loan balances
8.14in the first year do not cancel but are available
8.15for grants and loans in the second year.
8.16All money deposited in the environmental
8.17fund for the metropolitan solid waste landfill
8.18fee under Minnesota Statutes, section
8.19473.843, and not otherwise appropriated, is
8.20appropriated to the agency for the purposes
8.21of Minnesota Statutes, section 473.844.
8.22$119,000 the first year and $119,000 the
8.23second year are from the environmental
8.24fund for environmental assistance grants
8.25or loans under Minnesota Statutes, section
8.26115A.0716.
8.27$1,200,000 the first year and $1,200,000 the
8.28second year are from the environmental fund
8.29to retrofit school buses statewide, including
8.30buses for preschool children, and for loans to
8.31small trucking firms to install equipment to
8.32reduce fuel consumption. This is a onetime
8.33appropriation.
9.1Notwithstanding Minnesota Statutes, section
9.216A.28, the appropriations encumbered
9.3under contract on or before June 30,
9.42009, for environmental assistance grants
9.5awarded under Minnesota Statutes, section
9.6115A.0716, and for technical and research
9.7assistance under Minnesota Statutes,
9.8section 115A.152, technical assistance
9.9under Minnesota Statutes, section 115A.52,
9.10and pollution prevention assistance under
9.11Minnesota Statutes, section 115D.04, are
9.12available until June 30, 2011.
| 9.13 |
Subd. 7.Administrative Support |
1,618,000 |
1,647,000 |
||||
9.15the environmental fund to the remediation
9.16fund as necessary for the purposes of the
9.17remediation fund under Minnesota Statutes,
9.18section 116.155, subdivision 2.
| 9.19 |
Sec. 3. NATURAL RESOURCES |
||||||
| 9.20 |
Subdivision 1.Total Appropriation |
$ |
245,211,000 |
$ |
250,370,000 |
||
9.29purpose are specified in the following
9.30subdivisions.
| 9.31 9.32 |
Subd. 2.Land and Mineral Resources Management |
11,461,000 |
11,448,000 |
||||
| 9.33 |
Appropriations by Fund |
||
| 9.34 |
General |
6,347,000 |
6,406,000 |
| 9.35 |
Natural Resources |
3,551,000 |
3,447,000 |
| 10.1 |
Game and Fish |
1,363,000 |
1,395,000 |
| 10.2 |
Permanent School |
200,000 |
200,000 |
10.4second year are for iron ore cooperative
10.5research. Of this amount, $200,000 each year
10.6is from the minerals management account in
10.7the natural resources fund and $275,000 each
10.8year is from the general fund. $237,500 the
10.9first year and $237,500 the second year are
10.10available only as matched by $1 of nonstate
10.11money for each $1 of state money. The
10.12match may be cash or in-kind.
10.13$86,000 the first year and $86,000 the
10.14second year are for minerals cooperative
10.15environmental research, of which $43,000
10.16the first year and $43,000 the second year are
10.17available only as matched by $1 of nonstate
10.18money for each $1 of state money. The
10.19match may be cash or in-kind.
10.20$2,800,000 the first year and $2,696,000
10.21the second year are from the minerals
10.22management account in the natural resources
10.23fund for use as provided in Minnesota
10.24Statutes, section 93.2236, paragraph (c).
10.25$200,000 the first year and $200,000 the
10.26second year are from the state forest suspense
10.27account in the permanent school fund to
10.28accelerate land exchanges, land sales, and
10.29commercial leasing of school trust lands and
10.30to identify, evaluate, and lease construction
10.31aggregate located on school trust lands. This
10.32appropriation is to be used for securing
10.33maximum long-term economic return
10.34from the school trust lands consistent with
10.35fiduciary responsibilities and sound natural
11.1resources conservation and management
11.2principles.
11.3$15,000 the first year is for a report
11.4by February 1, 2008, to the house and
11.5senate committees with jurisdiction over
11.6environment and natural resources on
11.7proposed minimum legal and conservation
11.8standards that could be applied to
11.9conservation easements acquired with public
11.10money.
11.11$701,000 the first year and $701,000 the
11.12second year are to support the land records
11.13management system. Of this amount,
11.14$326,000 the first year and $326,000 the
11.15second year are from the game and fish fund
11.16and $375,000 the first year and $375,000 the
11.17second year are from the natural resources
11.18fund.
| 11.19 |
Subd. 3.Water Resources Management |
12,931,000 |
13,116,000 |
||||
| 11.20 |
Appropriations by Fund |
||
| 11.21 |
General |
12,651,000 |
12,836,000 |
| 11.22 |
Natural Resources |
280,000 |
280,000 |
11.24second year are for grants for up to 50
11.25percent of the cost of implementing the Red
11.26River mediation agreement.
11.27$65,000 the first year and $65,000 the
11.28second year are for a grant to the Mississippi
11.29Headwaters Board for up to 50 percent of
11.30the cost of implementing the comprehensive
11.31plan for the upper Mississippi within areas
11.32under the board's jurisdiction.
11.33$5,000 the first year and $5,000 the second
11.34year are for payment to the Leech Lake Band
11.35of Chippewa Indians to implement the band's
12.1portion of the comprehensive plan for the
12.2upper Mississippi.
12.3$200,000 the first year and $200,000 the
12.4second year are for the construction of ring
12.5dikes under Minnesota Statutes, section
12.6103F.161. The ring dikes may be publicly
12.7or privately owned. Any unencumbered
12.8balance does not cancel at the end of the
12.9first year and is available for the second
12.10year. If the appropriation in the first year is
12.11insufficient, the appropriation for the second
12.12year is available in the first year.
12.13$1,280,000 the first year and $1,280,000 the
12.14second year are to support the identification
12.15of impaired waters and develop plans to
12.16address those impairments, as required by
12.17the federal Clean Water Act.
| 12.18 |
Subd. 4.Forest Management |
41,148,000 |
41,930,000 |
||||
| 12.19 |
Appropriations by Fund |
||
| 12.20 |
General |
22,858,000 |
23,273,000 |
| 12.21 |
Natural Resources |
18,033,000 |
18,393,000 |
| 12.22 |
Game and Fish |
257,000 |
264,000 |
12.24the second year are for prevention,
12.25presuppression, and suppression costs of
12.26emergency firefighting and other costs
12.27incurred under Minnesota Statutes, section
12.2888.12. If the appropriation for either
12.29year is insufficient to cover all costs of
12.30presuppression and suppression, the amount
12.31necessary to pay for these costs during the
12.32biennium is appropriated from the general
12.33fund.
12.34By November 15 of each year, the
12.35commissioner of natural resources shall
13.1submit a report to the chairs of the house
13.2and senate committees and divisions having
13.3jurisdiction over environment and natural
13.4resources finance, identifying all firefighting
13.5costs incurred and reimbursements received
13.6in the prior fiscal year. These appropriations
13.7may not be transferred. Any reimbursement
13.8of firefighting expenditures made to the
13.9commissioner from any source other than
13.10federal mobilizations shall be deposited into
13.11the general fund.
13.12$18,033,000 the first year and $18,393,000
13.13the second year are from the forest
13.14management investment account in the
13.15natural resources fund for only the purposes
13.16specified in Minnesota Statutes, section
13.1789.039, subdivision 2.
13.18$780,000 the first year and $780,000 the
13.19second year are for the Forest Resources
13.20Council for implementation of the
13.21Sustainable Forest Resources Act.
13.22$350,000 the first year and $350,000 the
13.23second year are for the FORIST timber
13.24management information system, other
13.25information systems, and for increased
13.26forestry management.
13.27$257,000 the first year and $264,000 the
13.28second year are from the game and fish
13.29fund to implement ecological classification
13.30systems (ECS) standards on forested
13.31landscapes. This appropriation is from
13.32revenue deposited in the game and fish fund
13.33under Minnesota Statutes, section 297A.94,
13.34paragraph (e), clause (1).
14.1$55,000 the first year and $55,000 the
14.2second year are to develop and implement
14.3a statewide information and education
14.4campaign regarding the proposed statewide
14.5ban on the transport, storage, or use of
14.6nonapproved firewood on state administered
14.7land.
14.8$75,000 the first year is to the Forest
14.9Resources Council for a task force on forest
14.10protection and $75,000 the second year is
14.11appropriated for grants to cities, counties,
14.12townships, special recreation areas, and park
14.13and recreation boards in cities of the first
14.14class for the identification, removal, disposal,
14.15and replacement of dead or dying shade trees
14.16lost to forest pests or disease. For purposes
14.17of this section, "shade tree" means a woody
14.18perennial grown primarily for aesthetic or
14.19environmental purposes with minimal to
14.20residual timber value. The commissioner
14.21shall consult with municipalities; park and
14.22recreation boards in cities of the first class;
14.23nonprofit organizations; and other interested
14.24parties in developing eligibility criteria.
14.25$50,000 the first year and $100,000 the
14.26second year are from the natural resources
14.27fund for forest road maintenance in support
14.28of all-terrain vehicle trails.
| 14.29 |
Subd. 5.Parks and Recreation Management |
35,141,000 |
35,959,000 |
||||
| 14.30 |
Appropriations by Fund |
||
| 14.31 |
General |
20,560,000 |
20,923,000 |
| 14.32 |
Natural Resources |
14,581,000 |
15,036,000 |
14.34second year are from the water recreation
15.1account in the natural resources fund for state
15.2park water access projects.
15.3$3,996,000 the first year and $3,996,000 the
15.4second year are from the natural resources
15.5fund for state park and recreation area
15.6operations. This appropriation is from the
15.7revenue deposited in the natural resources
15.8fund under Minnesota Statutes, section
15.9297A.94, paragraph (e), clause (2).
15.10$5,000 each year is for payment of expenses
15.11of the Cuyuna Country State Recreation Area
15.12Citizens Advisory Council.
| 15.13 |
Subd. 6.Trails and Waterways Management |
29,442,000 |
29,647,000 |
||||
| 15.14 |
Appropriations by Fund |
||
| 15.15 |
General |
2,528,000 |
2,548,000 |
| 15.16 |
Natural Resources |
24,795,000 |
24,905,000 |
| 15.17 |
Game and Fish |
2,119,000 |
2,194,000 |
15.19the second year are from the snowmobile
15.20trails and enforcement account in the natural
15.21resources fund for snowmobile grants-in-aid.
15.22The additional money under this paragraph
15.23may be used for new grant-in-aid trails. Any
15.24unencumbered balance does not cancel at the
15.25end of the first year and is available for the
15.26second year.
15.27$1,140,000 the first year and $1,132,000 the
15.28second year are from the natural resources
15.29fund for off-highway vehicle grants-in-aid.
15.30Of this amount, $790,000 the first year
15.31and $882,000 the second year are from the
15.32all-terrain vehicle account; $150,000 each
15.33year is from the off-highway motorcycle
15.34account; and $200,000 the first year and
15.35$100,000 the second year are from the
16.1off-road vehicle account. Any unencumbered
16.2balance does not cancel at the end of the first
16.3year and is available for the second year.
16.4$261,000 the first year and $261,000 the
16.5second year are from the water recreation
16.6account in the natural resources fund for a
16.7safe harbor program on Lake Superior.
16.8$742,000 the first year and $760,000
16.9the second year are from the natural
16.10resources fund for state trail operations
16.11and maintenance. The money may be used
16.12for trail maintenance, signage, mapping,
16.13interpretation, native prairie restoration
16.14using best management practices, and
16.15maintenance of nonmotorized forest trails.
16.16This appropriation is from the revenue
16.17deposited in the natural resources fund
16.18under Minnesota Statutes, section 297A.94,
16.19paragraph (e), clause (2).
16.20$32,000 the first year and $107,000 the
16.21second year are from the game and fish
16.22fund for expenditures on water access sites
16.23according to the requirements of the federal
16.24sport and fish restoration program.
| 16.25 |
Subd. 7.Fish and Wildlife Management |
67,072,000 |
68,394,000 |
||||
| 16.26 |
Appropriations by Fund |
||
| 16.27 |
General |
3,255,000 |
3,255,000 |
| 16.28 |
Natural Resources |
1,876,000 |
1,876,000 |
| 16.29 |
Game and Fish |
61,941,000 |
63,263,000 |
16.31second year are for resource population
16.32surveys in the 1837 treaty area. Of this
16.33amount, $274,000 the first year and $288,000
16.34the second year are from the game and fish
16.35fund.
17.1$8,061,000 the first year and $8,167,000
17.2the second year are from the heritage
17.3enhancement account in the game and
17.4fish fund for only the purposes specified
17.5in Minnesota Statutes, section 297A.94,
17.6paragraph (e), clause (1). Of this amount,
17.7$1,175,000 the first year and $1,175,000 the
17.8second year are for preserving, restoring, and
17.9enhancing grassland/wetland complexes on
17.10public lands.
17.11Notwithstanding Minnesota Statutes, section
17.1284.943, $13,000 the first year and $13,000
17.13the second year from the critical habitat
17.14private sector matching account may be used
17.15to publicize the critical habitat license plate
17.16match program.
17.17$8,000 the first year and $8,000 the second
17.18year are appropriated from the game and
17.19fish fund for transfer to the wild turkey
17.20management account for purposes specified
17.21in Minnesota Statutes, section 97A.075,
17.22subdivision 5.
17.23$108,000 the first year and $108,000 the
17.24second year are from the game and fish
17.25fund for costs associated with administering
17.26fishing contest permits.
17.27$182,000 the first year and $132,000 the
17.28second year are to accelerate wildlife health
17.29programs and to prevent the spread of
17.30disease from livestock and poultry to the
17.31wildlife population. $50,000 in the first
17.32year is for fencing cattle-feeding areas in
17.33bovine tuberculosis control zones, under the
17.34emergency deterrent materials assistance
17.35program in Minnesota Statutes, section
18.197A.028, subdivision 3. This appropriation
18.2is available until June 30, 2009. $66,000 of
18.3this amount is permanent.
18.4$575,000 the first year and $575,000 the
18.5second year are for preserving, restoring, and
18.6enhancing grassland/wetland complexes on
18.7public lands.
18.8$150,000 the first year and $150,000 the
18.9second year are from the game and fish fund
18.10to expand the roadsides for wildlife program.
18.11$175,000 the first year and $175,000 the
18.12second year are appropriated from the game
18.13and fish fund to the commissioner of natural
18.14resources for grants to Let's Go Fishing
18.15of Minnesota to promote opportunities for
18.16fishing. The grants must be matched with
18.17cash or in-kind contributions from nonstate
18.18sources. This is a onetime appropriation.
| 18.19 |
Subd. 8.Ecological Services |
14,201,000 |
15,404,000 |
||||
| 18.20 |
Appropriations by Fund |
||
| 18.21 |
General |
6,831,000 |
7,934,000 |
| 18.22 |
Natural Resources |
3,488,000 |
3,519,000 |
| 18.23 |
Game and Fish |
3,882,000 |
3,951,000 |
18.25second year are from the nongame wildlife
18.26management account in the natural resources
18.27fund for the purpose of nongame wildlife
18.28management. Notwithstanding Minnesota
18.29Statutes, section 290.431, $100,000 the first
18.30year and $100,000 the second year may be
18.31used for nongame information, education,
18.32and promotion.
18.33$1,612,000 the first year and $1,636,000
18.34the second year are from the heritage
18.35enhancement account in the game and
19.1fish fund for only the purposes specified
19.2in Minnesota Statutes, section 297A.94,
19.3paragraph (e), clause (1), on public lands.
19.4$2,765,000 in the first year and $3,985,000
19.5in the second year, of which $1,795,000 the
19.6first year and $1,795,000 the second year
19.7are from the invasive species account in the
19.8natural resources fund for law enforcement
19.9and water access inspection to prevent the
19.10spread of invasive species, grants to manage
19.11invasive plants in public waters, technical
19.12assistance to grant applicants for improving
19.13lake quality, and management of terrestrial
19.14invasive species on state-administered lands.
19.15Priority shall be given to preventing the
19.16spread of aquatic invertebrates. An applicant
19.17for a grant to manage invasive plants in
19.18public waters must have a workable plan for
19.19improving water quality and reducing the
19.20need for additional treatment. Grants may
19.21not be made for chemicals that are likely
19.22endocrine disruptors. A plan to prevent the
19.23introduction of asian carp into Minnesota
19.24waters must be made available to the public
19.25by November 1, 2007.
19.26$125,000 the first year is to support
19.27a technical committee and for land
19.28management units that manage grass lands
19.29in order to develop plans to optimize native
19.30prairie seed harvest and replanting on
19.31state-owned lands. The work must use best
19.32management practices with an outcome of
19.33ensuring the survival of the native prairie
19.34remaining in Minnesota and to estimate the
19.35value of the seeds. Maximizing seed harvest
19.36may include allowing seed producers to keep
20.1a portion of the seed as compensation for
20.2supplying equipment and labor.
20.3The Department of Natural Resources
20.4in cooperation with the Department of
20.5Agriculture and the Board of Water and
20.6Soil Resources shall establish a technical
20.7advisory committee which has the expertise
20.8to develop (1) criteria to identify public and
20.9private marginal lands which could be used
20.10to produce native prairie seeds of a local
20.11ecotype or restore native prairies that could
20.12be used to produce clean energy and (2)
20.13guidelines for production that ensure high
20.14carbon sequestration, protection of wildlife
20.15and waters, and minimization of inputs and
20.16that do not compromise the survival of the
20.17native prairie remaining in Minnesota. In
20.18addition to agency members, the advisory
20.19committee shall have one member from
20.20each of two farm organizations, one member
20.21from a sustainable farmer organization, one
20.22member each from three rural economic
20.23development organizations, one member
20.24each from three environmental organizations,
20.25and one member each from three wildlife
20.26or conservation organizations. A report on
20.27outcomes from the technical committee is
20.28due December 15, 2007, to the legislative
20.29finance chairs on environment and natural
20.30resources.
20.31$50,000 in the first year is for the
20.32commissioner, in consultation with the
20.33Environmental Quality Board, to report to
20.34the house and senate committees having
20.35jurisdiction over environmental policy
20.36and finance by February 1, 2008, on the
21.1Mississippi River critical area program. The
21.2report shall include the status of critical
21.3area plans, zoning ordinances, the number
21.4and types of revisions anticipated, and the
21.5nature and number of variances sought. The
21.6report shall include recommendations that
21.7adequately protect and manage the aesthetic
21.8integrity and natural environment of the river
21.9corridor.
21.10$1,500,000 the first year and $1,500,000 the
21.11second year are to support the identification
21.12of impaired waters and develop plans to
21.13address those impairments, as required by
21.14the federal Clean Water Act.
| 21.15 |
Subd. 9.Enforcement |
30,021,000 |
30,697,000 |
||||
| 21.16 |
Appropriations by Fund |
||
| 21.17 |
General |
3,336,000 |
3,392,000 |
| 21.18 |
Natural Resources |
7,163,000 |
7,320,000 |
| 21.19 |
Game and Fish |
19,422,000 |
19,885,000 |
| 21.20 |
Remediation |
100,000 |
100,000 |
21.22officer position to be stationed at Mississippi
21.23Headwaters State Forest to work with local
21.24jurisdictions, including Native American
21.25reservations, in enforcing state law along
21.26the Mississippi River from Lake Itasca
21.27downstream to Lake Bemidji and in the
21.28Bemidji region.
21.29$1,082,000 the first year and $1,082,000 the
21.30second year are from the water recreation
21.31account in the natural resources fund for
21.32grants to counties for boat and water safety.
21.33$100,000 the first year and $100,000 the
21.34second year are from the remediation fund
22.1for solid waste enforcement activities under
22.2Minnesota Statutes, section 116.073.
22.3$315,000 the first year and $315,000 the
22.4second year are from the snowmobile
22.5trails and enforcement account in the
22.6natural resources fund for grants to local
22.7law enforcement agencies for snowmobile
22.8enforcement activities.
22.9$1,164,000 the first year and $1,164,000
22.10the second year are from the heritage
22.11enhancement account in the game and
22.12fish fund for only the purposes specified
22.13in Minnesota Statutes, section 297A.94,
22.14paragraph (e), clause (1).
22.15$225,000 the first year and $225,000
22.16the second year are from the natural
22.17resources fund for grants to county law
22.18enforcement agencies for off-highway
22.19vehicle enforcement and public education
22.20activities based on off-highway vehicle use
22.21in the county. Of this amount, $213,000 each
22.22year is from the all-terrain vehicle account,
22.23$11,000 each year is from the off-highway
22.24motorcycle account, and $1,000 each year
22.25is from the off-road vehicle account. The
22.26county enforcement agencies may use
22.27money received under this appropriation
22.28to make grants to other local enforcement
22.29agencies within the county that have a high
22.30concentration of off-highway vehicle use. Of
22.31this appropriation, $25,000 each year is for
22.32administration of these grants.
22.33$15,000 the first year and $5,000 the second
22.34year are from the off-road vehicle account
22.35in the natural resources fund to establish
23.1the off-road vehicle environment and safety
23.2education and training program under
23.3Minnesota Statutes, section 84.8015.
23.4$50,000 the first year and $225,000 the
23.5second year are from the natural resources
23.6fund for grants to qualifying off-highway
23.7vehicle organizations to assist in safety and
23.8environmental education and monitoring
23.9trails on public lands. Of this appropriation,
23.10$25,000 each year is for administration of
23.11these grants.
23.12Overtime must be distributed to conservation
23.13officers at historical levels; however, a
23.14reasonable reduction or addition may be
23.15made to the officer's allocation, if justified,
23.16based on an individual officer's workload. If
23.17funding for enforcement is reduced because
23.18of an unallotment, the overtime bank may be
23.19reduced in proportion to reductions made in
23.20other areas of the budget.
| 23.21 |
Subd. 10.Operations Support |
3,794,000 |
3,775,000 |
||||
| 23.22 |
Appropriations by Fund |
||
| 23.23 |
General |
2,221,000 |
2,211,000 |
| 23.24 |
Natural Resources |
484,000 |
484,000 |
| 23.25 |
Game and Fish |
1,089,000 |
1,080,000 |
23.27the study on the natural stands of wild rice
23.28required in article 2.
23.29$270,000 the first year and $270,000 the
23.30second year are from the natural resources
23.31fund for grants to be divided equally between
23.32the city of St. Paul for the Como Zoo
23.33and Conservatory and the city of Duluth
23.34for the Duluth Zoo. This appropriation
23.35is from the revenue deposited to the fund
24.1under Minnesota Statutes, section 297A.94,
24.2paragraph (e), clause (5).
24.3$55,000 in the first year and $7,000 in the
24.4second year are to be transferred to the
24.5Environmental Quality Board to fulfill the
24.6requirement of Minnesota Statutes, sections
24.7116C.92 and 116C.94.
| 24.8 24.9 |
Sec. 4. BOARD OF WATER AND SOIL RESOURCES |
$ |
22,369,000 |
$ |
22,728,000 |
||
24.11second year are for natural resources block
24.12grants to local governments. The board may
24.13reduce the amount of the natural resources
24.14block grant to a county by an amount equal to
24.15any reduction in the county's general services
24.16allocation to a soil and water conservation
24.17district from the county's previous year
24.18allocation when the board determines that
24.19the reduction was disproportionate. Grants
24.20must be matched with a combination of local
24.21cash or in-kind contributions. The base grant
24.22portion related to water planning must be
24.23matched by an amount that would be raised
24.24by a levy under Minnesota Statutes, section
24.25103B.3369.
24.26$3,566,000 the first year and $3,566,000
24.27the second year are for grants requested
24.28by soil and water conservation districts for
24.29general purposes, nonpoint engineering,
24.30and implementation of the reinvest in
24.31Minnesota conservation reserve program.
24.32Upon approval of the board, expenditures
24.33may be made from these appropriations for
24.34supplies and services benefiting soil and
24.35water conservation districts. Any district
25.1requesting a grant under this paragraph
25.2shall create and maintain a Web page that
25.3publishes, at a minimum, its annual plan,
25.4annual report, annual audit, and annual
25.5budget, including membership dues and
25.6meeting notices and minutes.
25.7$3,250,000 the first year and $3,250,000
25.8the second year are for grants to soil and
25.9water conservation districts for cost-sharing
25.10contracts for erosion control and water
25.11quality management. Of this amount, at least
25.12$1,200,000 the first year and $1,200,000 the
25.13second year are for grants for cost-sharing
25.14contracts to establish and maintain vegetation
25.15buffers of restored native prairie and restored
25.16prairie using seeds of a local ecotype region.
25.17$300,000 the first year and $300,000 the
25.18second year are available to begin county
25.19cooperative weed management programs
25.20on natural lands and private lands enrolled
25.21in state and federal conservation programs
25.22and to restore native plants in selected
25.23invasive species management sites by
25.24providing local native seeds and plants
25.25to landowners for implementation. This
25.26appropriation is available until expended. If
25.27the appropriation in either year is insufficient,
25.28the appropriation in the other year is available
25.29for it. Notwithstanding Minnesota Statutes,
25.30section 103C.501, any balance in the board's
25.31cost-share program that remains from the
25.32fiscal year 2007 appropriation is available
25.33in an amount up to $2,000 for a grant to
25.34the Faribault Soil and Water Conservation
25.35District to pay for erosion repair on the Blue
25.36Earth River.
26.1The board shall develop a forestry practice
26.2docket for cost-share money.
26.3$100,000 the first year and $100,000 the
26.4second year are for a grant to the Red
26.5River Basin Commission to develop a Red
26.6River basin plan and to coordinate water
26.7management activities in the states and
26.8provinces bordering the Red River. The
26.9unencumbered balance in the first year does
26.10not cancel but is available for the second
26.11year.
26.12$5,450,000 the first year and $5,450,000
26.13the second year are for implementation of
26.14the Clean Water Legacy Act as follows:
26.15$1,500,000 each year is for targeted
26.16nonpoint restoration cost-share and incentive
26.17payments, of which up to $1,400,000
26.18each year is available for grants. Of this
26.19amount, $250,000 each year must be
26.20contracted for services with the Minnesota
26.21Conservation Corp. The grant funds are
26.22available until expended; $2,000,000 each
26.23year is for targeted nonpoint restoration and
26.24protection and technical, compliance, and
26.25engineering assistance activities, of which
26.26up to $1,700,000 each year is available for
26.27grants; $200,000 each year is for reporting
26.28and evaluating applied soil and water
26.29conservation practices; $1,650,000 each year
26.30is for grants to implement county individual
26.31sewage treatment system programs. Of this
26.32amount, after a county has complied with
26.33requirements to adopt ordinances pursuant
26.34to Minnesota Statutes, section 115.55,
26.35subdivision 2, the county may request grants
26.36of up to $60,000 the first year and $60,000
27.1the second year to inventory properties with
27.2individual sewage treatment systems that
27.3are an imminent threat to public health or
27.4safety due to water discharges of untreated
27.5sewage, and require compliance under an
27.6applicable ordinance. The grant amount
27.7shall be proportional to the number of
27.8properties expected to be inventoried. Each
27.9county receiving an appropriation under
27.10this paragraph shall report the number of
27.11inspections and the number determined to be
27.12an imminent threat to public health or safety
27.13to the Pollution Control Agency by February
27.141 of each year; and $100,000 each year is
27.15to the Minnesota River Basin Joint Powers
27.16Board, also known as the Minnesota River
27.17Board, for operating expenses to measure
27.18and report the results of projects in the 12
27.19major watersheds within the Minnesota
27.20River basin. If the appropriation in either
27.21year is insufficient, the appropriation in
27.22the other year is available for it. All of
27.23the money appropriated in this paragraph
27.24as grants to local governments shall be
27.25administered through the Board of Water
27.26and Soil Resources' local water resources
27.27protection and management program under
27.28Minnesota Statutes, section 103B.3369.
27.29$140,000 the first year and $140,000
27.30the second year are for a grant to Area
27.31II, Minnesota River Basin Projects,
27.32for floodplain management, including
27.33administration of programs.
27.34$1,120,000 the first year and $1,060,000 the
27.35second year may be spent for the following
27.36purposes to support implementation of the
28.1Wetland Conservation Act: $500,000 each
28.2year is to make grants to local units of
28.3governments to improve response to major
28.4wetland violations; $500,000 each year is for
28.5staffing to provide adequate state oversight
28.6and technical support to local governments
28.7administering the Wetland Conservation Act;
28.8$60,000 each year is for staff to monitor and
28.9enforce wetland replacement and wetland
28.10bank sites; and $60,000 the first year is
28.11for rulemaking required by changes to the
28.12Wetland Conservation Act.
28.13$450,000 the first year and $800,000
28.14the second year are to implement
28.15recommendations of the Drainage Work
28.16Group to enhance public drainage and
28.17modernization as follows: $150,000 the first
28.18year is to develop guidelines for drainage
28.19records preservation and modernization;
28.20$500,000 the second year is for cost-share
28.21grants to local governments for public
28.22drainage records modernization; and
28.23$300,000 each year is to provide assistance
28.24to local drainage management officials, to
28.25facilitate the work of the Drainage Work
28.26Group, to staff a drainage assistance team,
28.27and to update the Minnesota Public Drainage
28.28Manual. All of the money appropriated in
28.29this paragraph as grants to local governments
28.30shall be administered through the Board
28.31of Water and Soil Resources' local water
28.32resources protection and management
28.33program under Minnesota Statutes, section
28.34103B.3369.
28.35In addition to other authorities, the Board
28.36of Water and Soil Resources may reduce,
29.1withhold, or redirect grants and other funding
29.2if the local water management entity has
29.3not corrected deficiencies as prescribed in a
29.4notice from the board within one year from
29.5the date of the notice.
| 29.6 |
Sec. 5. METROPOLITAN COUNCIL |
$ |
8,620,000 |
$ |
8,620,000 |
||
| 29.7 |
Appropriations by Fund |
||
| 29.8 |
2008 |
2009 |
|
| 29.9 |
General |
4,050,000 |
4,050,000 |
| 29.10 |
Natural Resources |
4,570,000 |
4,570,000 |
29.12the second year are for metropolitan parks
29.13operations.
29.14$4,570,000 the first year and $4,570,000 the
29.15second year are from the natural resources
29.16fund for metropolitan area regional parks
29.17and trails maintenance and operations. This
29.18appropriation is from the revenue deposited
29.19in the natural resources fund under Minnesota
29.20Statutes, section 297A.94, paragraph (e),
29.21clause (3).
| 29.22 29.23 |
Sec. 6. MINNESOTA CONSERVATION CORPS |
$ |
840,000 |
$ |
840,000 |
||
| 29.24 |
Appropriations by Fund |
||
| 29.25 |
2008 |
2009 |
|
| 29.26 |
General |
350,000 |
350,000 |
| 29.27 |
Natural Resources |
490,000 |
490,000 |
29.29receive money appropriated from the
29.30natural resources fund under this section
29.31only as provided in an agreement with the
29.32commissioner of natural resources.
30.3 Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
30.4read:
30.5 Subd. 35. Public official. "Public official" means any:
30.6 (1) member of the legislature;
30.7 (2) individual employed by the legislature as secretary of the senate, legislative
30.8auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
30.9attorney in the Office of Senate Counsel and Research or House Research;
30.10 (3) constitutional officer in the executive branch and the officer's chief administrative
30.11deputy;
30.12 (4) solicitor general or deputy, assistant, or special assistant attorney general;
30.13 (5) commissioner, deputy commissioner, or assistant commissioner of any state
30.14department or agency as listed in section
30.15officer;
30.16 (6) member, chief administrative officer, or deputy chief administrative officer of a
30.17state board or commission that has either the power to adopt, amend, or repeal rules under
30.18chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
30.19 (7) individual employed in the executive branch who is authorized to adopt, amend,
30.20or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
30.21 (8) executive director of the State Board of Investment;
30.22 (9) deputy of any official listed in clauses (7) and (8);
30.23 (10) judge of the Workers' Compensation Court of Appeals;
30.24 (11) administrative law judge or compensation judge in the State Office of
30.25Administrative Hearings or referee in the Department of Employment and Economic
30.26Development;
30.27 (12) member, regional administrator, division director, general counsel, or operations
30.28manager of the Metropolitan Council;
30.29 (13) member or chief administrator of a metropolitan agency;
30.30 (14) director of the Division of Alcohol and Gambling Enforcement in the
30.31Department of Public Safety;
30.32 (15) member or executive director of the Higher Education Facilities Authority;
30.33 (16) member of the board of directors or president of Minnesota Technology, Inc.;
30.34 (17) member of the board of directors or executive director of the Minnesota State
30.35High School League;
31.1 (18) member of the Minnesota Ballpark Authority established in section 473.755;
31.2 (19) citizen member of the Legislative-Citizen Commission on Minnesota
31.3Resources
31.4 (20) manager of a watershed district or member of a watershed management
31.5organization; or
31.6 (21) supervisor of a soil and water conservation district.
31.7 Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
31.8 Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
31.9the agency's receipt of a written request containing all information required by law or by
31.10a previously adopted rule, ordinance, or policy of the agency, including the applicable
31.11application fee. If an agency receives a written request that does not contain all required
31.12information, the 60-day limit starts over only if the agency sends written notice within 15
31.13business days of receipt of the request telling the requester what information is missing.
31.14 (b) If a request relating to zoning, septic systems, watershed district review, soil and
31.15water conservation district review, or expansion of the metropolitan urban service area
31.16requires the approval of more than one state agency in the executive branch, the 60-day
31.17period in subdivision 2 begins to run for all executive branch agencies on the day a request
31.18containing all required information is received by one state agency. The agency receiving
31.19the request must forward copies to other state agencies whose approval is required.
31.20 (c) An agency response, including an approval with conditions, meets the 60-day
31.21time limit if the agency can document that the response was sent within 60 days of receipt
31.22of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
31.23or rescind the approval by the agency and will not give rise to a claim that the 60-day
31.24limit was not met.
31.25 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
31.26order requires a process to occur before the agency acts on the request, and the time
31.27periods prescribed in the state statute, federal law, or court order make it impossible to
31.28act on the request within 60 days. In cases described in this paragraph, the deadline is
31.29extended to 60 days after completion of the last process required in the applicable statute,
31.30law, or order. Final approval of an agency receiving a request is not considered a process
31.31for purposes of this paragraph.
31.32 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
31.33agency requires prior approval of a federal agency; or (2) an application submitted to
31.34a city, county, town, school district, metropolitan or regional entity, or other political
31.35subdivision requires prior approval of a state or federal agency. In cases described in
32.1this paragraph, the deadline for agency action is extended to 60 days after the required
32.2prior approval is granted.
32.3 (f) An agency may extend the time limit in subdivision 2 before the end of the
32.4initial 60-day period by providing written notice of the extension to the applicant. The
32.5notification must state the reasons for the extension and its anticipated length, which may
32.6not exceed 60 days unless approved by the applicant.
32.7 (g) An applicant may by written notice to the agency request an extension of the
32.8time limit under this section.
32.9EFFECTIVE DATE.This section is effective the day following final enactment.
32.10 Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
32.11 Subd. 1a. Revenues. The following revenues must be deposited in the
32.12environmental fund:
32.13 (1) all revenue from the motor vehicle transfer fee imposed under section
32.14 (2) all fees collected under section
32.15 (3) all money collected by the Pollution Control Agency in enforcement matters
32.16as provided in section
32.17 (4) all revenues from license fees for individual sewage treatment systems under
32.18section
32.19 (5) all loan repayments deposited under section
32.20 (6) all revenue from pollution prevention fees imposed under section
32.21 (7) all loan repayments deposited under section
32.22 (8) all fees collected under section
32.23 (9) revenue collected from the solid waste management tax pursuant to chapter 297H;
32.24 (10) fees collected under section
32.25 (11) interest accrued on the fund; and
32.26 (12) money received in the form of gifts, grants, reimbursement, or appropriation
32.27from any source for any of the purposes provided in subdivision 2, except federal grants.
32.28 Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
32.29 Subdivision 1. Reimbursement. A meat processor holding a license under chapter
32.3028A may apply to the commissioner of agriculture for reimbursement of $70 towards the
32.31cost of processing a deer donated according to subdivision 1. The meat processor shall
32.32deliver the deer, processed into cuts or ground meat, to a charitable organization that is
32.33registered under chapter 309 and with the commissioner of agriculture and that operates
32.34a food assistance program. To request reimbursement, the processor shall submit an
33.1application, on a form prescribed by the commissioner of agriculture, the tag number
33.2under which the deer was taken, and a receipt for the deer from the charitable organization.
33.3 Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the
33.4equitable statewide distribution of processed deer by requiring the charitable organization
33.5to allocate and distribute processed deer according to the allocation formula used in the
33.6distribution of United States Department of Agriculture commodities under the federal
33.7emergency food assistance program. The charitable organization must submit quarterly
33.8reports to the commissioner on forms prescribed by the commissioner. The reports must
33.9include, but are not limited to, information on the amount of processed deer received and
33.10the organizations to which the meat was distributed.
33.11 (b) The commissioner of agriculture may adopt rules to implement this section.
33.12 Sec. 5. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
33.13 Subd. 9. Professional services support account. The commissioner of natural
33.14resources may bill the various programs carried out by the commissioner for the costs of
33.15providing them with professional support services. Except as provided under section
33.1689.421, receipts must be credited to a special account in the state treasury and are
33.17appropriated to the commissioner to pay the costs for which the billings were made.
33.18 The commissioner of natural resources shall submit to the commissioner of finance
33.19before the start of each fiscal year a work plan showing the estimated work to be done
33.20during the coming year, the estimated cost of doing the work, and the positions and fees
33.21that will be necessary. This account is exempted from statewide and agency indirect
33.22cost payments.
33.23 Sec. 6. [84.02] DEFINITIONS.
33.24 Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this
33.25section shall have the meanings given them.
33.26 Subd. 2. Best management practice for native prairie restoration. "Best
33.27management practice for native prairie restoration" means using seeds collected from a
33.28native prairie within the same county or within 25 miles of the county's border, but not
33.29across the boundary of an ecotype region.
33.30 Subd. 3. Created grassland. "Created grassland" means a restoration using seeds
33.31or plants with origins outside of the state of Minnesota.
33.32 Subd. 4. Ecotype region. "Ecotype region" means the following ecological
33.33subsections and counties based on the Department of Natural Resources map, "County
33.34Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.
34.21 Subd. 5. Native prairie. "Native prairie" means land that has never been plowed
34.22where native prairie vegetation originating from the site currently predominates or, if
34.23disturbed, is predominantly covered with native prairie vegetation that originated from the
34.24site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
34.25has predominantly native vegetation originating from the site and conservation practices
34.26have maintained biological diversity.
34.27 Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local
34.28ecotype" means a genetically differentiated population of a species that has at least one
34.29trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
34.30to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
34.31microorganisms, growing season length, climate, hydrology, and soil.
34.32 Subd. 7. Restored native prairie. "Restored native prairie" means a restoration
34.33using at least 25 representative and biologically diverse native prairie plant species of a
34.34local ecotype originating in the same county as the restoration site or within 25 miles of
34.35the county's border, but not across the boundary of an ecotype region.
34.36 Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least
34.3725 representative and biologically diverse native prairie plant species originating from
34.38the same ecotype region in which the restoration occurs.
34.39 Sec. 7. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
35.1 Subdivision 1. Contracts. The commissioner of natural resources is authorized
35.2to enter into contractual agreements with any public or private entity for the provision
35.3of statutorily prescribed natural resources services by the department. The contracts
35.4shall specify the services to be provided. Except as provided under section 89.421, funds
35.5generated in a contractual agreement made pursuant to this section shall be deposited in
35.6the special revenue fund and are appropriated to the department for purposes of providing
35.7the services specified in the contracts. The commissioner shall report revenues collected
35.8and expenditures made under this subdivision to the chairs of the Committees on Ways and
35.9Means in the house and Finance in the senate by January 1 of each odd-numbered year.
35.10 Sec. 8. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
35.11to read:
35.12 Subd. 5. Easement information. Parties to an easement purchased under the
35.13authority of the commissioner must:
35.14 (1) specify in the easement all provisions that are perpetual in nature;
35.15 (2) file the easement with the county recorder or registrar of titles in the county
35.16in which the land is located; and
35.17 (3) submit an electronic copy of the easement to the commissioner.
35.18 Sec. 9. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
35.19 Subdivision 1. Sales authorized; gift certificates. The commissioner may
35.20sell natural resources-related publications and maps; forest resource assessment
35.21products; federal migratory waterfowl, junior duck, and other federal stamps; and other
35.22nature-related merchandise, and may rent or sell items for the convenience of persons using
35.23Department of Natural Resources facilities or services. The commissioner may sell gift
35.24certificates for any items rented or sold. Notwithstanding section
35.25by the commissioner under this section may include a reasonable amount in excess of the
35.26actual cost to support Department of Natural Resources programs. The commissioner may
35.27advertise the availability of a program or item offered under this section.
35.28 Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
35.29 Subd. 2. Receipts; appropriation. Except as provided under section 89.421,
35.30money received by the commissioner under this section or to buy supplies for the use of
35.31volunteers, may be credited to one or more special accounts in the state treasury and is
35.32appropriated to the commissioner for the purposes for which the money was received.
35.33Money received from sales at the state fair shall be available for state fair related costs.
36.1Money received from sales of intellectual property and software products or services shall
36.2be available for development, maintenance, and support of software products and systems.
36.3 Sec. 11. Minnesota Statutes 2006, section 84.780, is amended to read:
36.484.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
36.5 (a) The off-highway vehicle damage account is created in the natural resources fund.
36.6Money in the off-highway vehicle damage account is appropriated to the commissioner
36.7of natural resources for the repair or restoration of property damaged by the operation of
36.8off-highway vehicles in an
36.9of administration for this section. Before the commissioner may make a payment from
36.10this account, the commissioner must determine whether the damage to the property was
36.11caused by the
36.12reasonable efforts to identify the responsible individual and obtain payment from the
36.13individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
36.14
36.15
36.16
36.17
36.18
36.19 (b) Determinations of the commissioner under this section may be made by written
36.20order and are exempt from the rulemaking provisions of chapter 14. Section
36.21does not apply.
36.22 (c)
36.23 Sec. 12. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
36.24PROGRAM.
36.25 Subdivision 1. Creation. The commissioner of natural resources shall establish
36.26a program to promote the safe and responsible operation of off-highway vehicles in a
36.27manner that does not harm the environment. The commissioner shall coordinate the
36.28program through the regional offices of the Department of Natural Resources.
36.29 Subd. 2. Purpose. The purpose of the program is to encourage off-highway vehicle
36.30clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
36.31state forest land and other public lands.
36.32 Subd. 3. Agreements. (a) The commissioner shall enter into informal agreements
36.33with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
36.34and monitor trails on state forest land and other public lands. The off-highway vehicle
37.1clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
37.2that complies with the laws and rules that relate to the operation of off-highway vehicles.
37.3 (b) The off-highway vehicle clubs may provide assistance to the department in
37.4locating, recruiting, and training instructors for off-highway vehicle training programs.
37.5 (c) The commissioner may provide assistance to enhance the comfort and safety
37.6of volunteers and to facilitate the implementation and administration of the safety and
37.7conservation program.
37.8 Subd. 4. Worker displacement prohibited. The commissioner may not enter into
37.9any agreement that has the purpose of or results in the displacement of public employees
37.10by volunteers participating in the off-highway safety and conservation program under
37.11this section. The commissioner must certify to the appropriate bargaining agent that the
37.12work performed by a volunteer will not result in the displacement of currently employed
37.13workers or workers on seasonal layoff or layoff from a substantially equivalent position,
37.14including partial displacement such as reduction in hours of nonovertime work, wages, or
37.15other employment benefits.
37.16 Sec. 13. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
37.17 Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
37.18all-terrain vehicle account may only be spent for:
37.19 (1) the education and training program under section
37.20 (2) administration, enforcement, and implementation of sections
37.21 (3) acquisition, maintenance, and development of vehicle trails and use areas;
37.22 (4) grant-in-aid programs to counties and municipalities to construct and maintain
37.23all-terrain vehicle trails and use areas;
37.24 (5) grants-in-aid to local safety programs;
37.25 (6) enforcement and public education grants to local law enforcement agencies
37.26 (7) maintenance of minimum-maintenance forest roads according to section 89.71,
37.27subdivision 5, and county forest roads within state forest boundaries as defined under
37.28section 89.021.
37.29 The distribution of funds made available through grant-in-aid programs must be
37.30guided by the statewide comprehensive outdoor recreation plan.
37.31 Sec. 14. Minnesota Statutes 2006, section 84.963, is amended to read:
37.3284.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
37.33 (a) The commissioner of natural resources shall study the feasibility of establishing
37.34private or public prairie plant seed production areas within prairie land locations. If
38.1prairie plant seed production is feasible, the commissioner may aid the establishment of
38.2production areas. The commissioner may enter cost-share or sharecrop agreements with
38.3landowners having easements for conservation purposes of ten or more years on their land
38.4to commercially produce prairie plant seed of Minnesota origin. The commissioner may
38.5only aid prairie plant seed production areas on agricultural land used to produce crops
38.6before December 23, 1985, and cropped three out of five years between 1981 and 1985.
38.7 (b) The commissioner shall compile, prepare, and electronically disseminate to
38.8the public prairie establishment guidance materials and resources. The resources must
38.9provide information and guidance on project planning, seed selection including ecotype
38.10and species mix, site preparation, seeding, maintenance, and technical service providers.
38.11The commissioner shall use actual prairie restoration projects under development on
38.12state-owned land to illustrate and demonstrate the practices described.
38.13 Sec. 15. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
38.14 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
38.15license suspension is effective 30 days after issuance of the civil citation. A civil penalty
38.16collected under this section is payable to the commissioner and must be credited to the
38.17
38.18 Sec. 16. [84D.15] INVASIVE SPECIES ACCOUNT.
38.19 Subdivision 1. Creation. The invasive species account is created in the state
38.20treasury in the natural resources fund.
38.21 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
38.22section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
38.23in the invasive species account. Each year, the commissioner of finance shall transfer from
38.24the game and fish fund to the invasive species account, the annual surcharge collected on
38.25nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
38.26 Subd. 3. Use of money in account. Money credited to the invasive species account
38.27in subdivision 2 shall be used for management of invasive species and implementation of
38.28this chapter as it pertains to invasive species, including control, public awareness, law
38.29enforcement, assessment and monitoring, management planning, and research.
38.30 Sec. 17. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
38.31CITIZENS ADVISORY COUNCIL.
39.1 Subdivision 1. Advisory council created. The Cuyuna Country State Recreation
39.2Area Citizens Advisory Council is established. Membership on the advisory council
39.3shall include:
39.4 (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
39.5Board;
39.6 (2) a representative of the Croft Mine Historical Park Joint Powers Board;
39.7 (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
39.8worked as a miner in the local area;
39.9 (4) a representative of the Crow Wing County Board;
39.10 (5) an elected state official;
39.11 (6) a representative of the Grand Rapids regional office of the Department of Natural
39.12Resources;
39.13 (7) a designee of the Iron Range Resources and Rehabilitation Board;
39.14 (8) a designee of the local business community selected by the area chambers of
39.15commerce;
39.16 (9) a designee of the local environmental community selected by the Crow Wing
39.17County District 5 commissioner;
39.18 (10) a designee of a local education organization selected by the Crosby-Ironton
39.19School Board;
39.20 (11) a designee of one of the recreation area user groups selected by the Cuyuna
39.21Range Chamber of Commerce; and
39.22 (12) a member of the Cuyuna Country Heritage Preservation Society.
39.23 Subd. 2. Administration. (a) The advisory council must meet at least four times
39.24annually. The council shall elect a chair and meetings shall be at the call of the chair.
39.25 (b) Members of the advisory council shall serve as volunteers for two-year terms
39.26with the ability to be reappointed. Members shall accept no per diem.
39.27 (c) The state recreation area manager may attend the council meetings and advise
39.28the council of issues in management of the recreation area.
39.29 (d) Before a major decision is implemented in the Cuyuna Country State Recreation
39.30Area, the area manager must consult with the council and take into consideration any
39.31council comments or advice that may impact the major decision.
39.32 Sec. 18. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
39.33to read:
39.34 Subd. 13. Cuyuna Country State Recreation Area. A state park permit is not
39.35required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
40.1Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
40.2Area, except for overnight camping.
40.3 Sec. 19. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
40.4 Subd. 2. Money deposited in account. The following shall be deposited in the state
40.5treasury and credited to the water recreation account:
40.6 (1) fees
40.7 (2) fines, installment payments, and forfeited bail according to section
40.8subdivision 2
40.9 (3)
40.10
40.11state-assisted small craft harbors and mooring facilities according to section
40.12
40.14
40.15rice under section
40.16 Sec. 20. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
40.17 Subd. 2. Receipts to
40.18subdivision 1 shall be credited to
40.19the special revenue fund and are annually appropriated to the commissioner to recoup the
40.20costs of developing, operating, and maintaining facilities necessary for the specified uses
40.21in subdivision 1 or to prevent or mitigate resource impacts of those uses.
40.22EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees
40.23collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
40.241, 2006.
40.25 Sec. 21. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
40.26SERVICES ACCOUNT.
40.27 Subdivision 1. Creation. The forest resource assessment products and services
40.28account is created in the state treasury in the natural resources fund.
40.29 Subd. 2. Receipts. Money received from forest resource assessment product sales
40.30and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
40.31and 84.0855 shall be credited to the forest resource assessment products and services
40.32account. Forest resource assessment products and services include the sale of aerial
40.33photography, remote sensing, and satellite imagery products and services.
41.1 Subd. 3. Use of money in account. Money credited to the forest resource
41.2assessment products and services account under subdivision 2 is annually appropriated to
41.3the commissioner and shall be used to maintain the staff and facilities producing the aerial
41.4photography, remote sensing, and satellite imagery products and services.
41.5 Sec. 22. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
41.6 Subdivision 1. Grants. The commissioner may make grants to aid in the control of
41.7a shade tree pest. To be eligible, a grantee must have a pest control program approved
41.8by the commissioner that:
41.9 (1) defines tree ownership and who is responsible for the costs associated with
41.10control measures;
41.11 (2) defines the zone of infestation within which the control measures are to be
41.12applied;
41.13 (3) includes a tree inspector certified under section 89.63 and having the authority to
41.14enter and inspect private lands;
41.15 (4) has the means to enforce measures needed to limit the spread of shade tree
41.16pests; and
41.17 (5) provides that grant money received will be deposited in a separate fund to be
41.18spent only for the purposes authorized by this section.
41.19 Subd. 2. Grant eligibility. The following are eligible for grants under this section:
41.20 (1) a home rule charter or statutory city or a town that exercises municipal powers
41.21under section 368.01 or any general or special law;
41.22 (2) a special park district organized under chapter 398;
41.23 (3) a special-purpose park and recreation board;
41.24 (4) a soil and water conservation district;
41.25 (5) a county; or
41.26 (6) any other organization with the legal authority to enter into contractual
41.27agreements.
41.28 Subd. 3. Rules; applicability to municipalities. The rules and procedures adopted
41.29under this chapter by the commissioner apply in a municipality unless the municipality
41.30adopts an ordinance determined by the commissioner to be more stringent than the rules
41.31and procedures of the commissioner. The rules and procedures of the commissioner or
41.32the municipality apply to all state agencies, special purpose districts, and metropolitan
41.33commissions as defined in section 473.121, subdivision 5a, that own or control land
41.34adjacent to or within a zone of infestation.
42.1 Sec. 23. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
42.2 Subdivision 1. Generally. (a) All payments under sections
42.3be made to the Department of Natural Resources and shall be credited according to this
42.4section.
42.5
42.6
42.7
42.8
42.9
42.10
42.11
42.12
42.13
42.14
42.15
42.16
42.17
42.18
42.19
42.20 (b) Twenty percent of all payments under sections
42.21credited to the minerals management account in the natural resources fund as costs for
42.22the administration and management of state mineral resources by the commissioner of
42.23natural resources.
42.24 (c) The remainder of the payments shall be credited as follows:
42.25 (1) if the lands or minerals and mineral rights covered by a lease are held by the state
42.26by virtue of an act of Congress, payments made under the lease shall be credited to the
42.27permanent fund of the class of land to which the leased premises belong;
42.28 (2) if a lease covers the bed of navigable waters, payments made under the lease
42.29shall be credited to the permanent school fund of the state;
42.30 (3) if the lands or minerals and mineral rights covered by a lease are held by the state
42.31in trust for the taxing districts, payments made under the lease shall be distributed annually
42.32on the first day of September to the respective counties in which the lands lie, to be
42.33apportioned among the taxing districts interested therein as follows: county, three-ninths;
42.34town or city, two-ninths; and school district, four-ninths;
42.35 (4) if the lands or mineral rights covered by a lease became the absolute property of
42.36the state under the provisions of chapter 84A, payments made under the lease shall be
43.1distributed as follows: county containing the land from which the income was derived,
43.2five-eighths; and general fund of the state, three-eighths; and
43.3 (5) except as provided under this section and except where the disposition of
43.4payments may be otherwise directed by law, payments made under a lease shall be paid
43.5into the general fund of the state.
43.6 Sec. 24. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
43.7 Subd. 4. Game and fish annual reports. (a) By December 15 each year,
43.8the commissioner shall submit to the legislative committees having jurisdiction over
43.9appropriations and the environment and natural resources reports on each of the following:
43.10 (1) the amount of revenue from the following and purposes for which expenditures
43.11were made:
43.12 (i) the small game license surcharge under section
43.13 (ii) the Minnesota migratory waterfowl stamp under section
43.145
43.15 (iii) the trout and salmon stamp under section
43.16 (iv) the pheasant stamp under section
43.17 (v) the turkey stamp under section
43.18 (vi) the deer license surcharge under section 97A.475, subdivision 3a;
43.19 (2) the amounts available under section
43.20(c), and the purposes for which these amounts were spent;
43.21 (3) money credited to the game and fish fund under this section and purposes for
43.22which expenditures were made from the fund;
43.23 (4) outcome goals for the expenditures from the game and fish fund; and
43.24 (5) summary and comments of citizen oversight committee reviews under
43.25subdivision 4b.
43.26 (b) The report must include the commissioner's recommendations, if any, for
43.27changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
43.28 Sec. 25. Minnesota Statutes 2006, section 97A.065, is amended by adding a
43.29subdivision to read:
43.30 Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475,
43.31subdivision 3a, shall be deposited in a special revenue account and is appropriated to
43.32the commissioner for deer management, including for grants or payments to agencies,
43.33organizations, or individuals for assisting with the cost of processing deer taken for
43.34population management purposes for venison donation programs. None of the additional
44.1license fees shall be transferred to any other agency for administration of programs other
44.2than venison donation. If any money transferred by the commissioner is not used for a
44.3venison donation program, it shall be returned to the commissioner.
44.4 Sec. 26. Minnesota Statutes 2006, section 97A.133, is amended by adding a
44.5subdivision to read:
44.6 Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
44.7 Sec. 27. Minnesota Statutes 2006, section 97A.475, is amended by adding a
44.8subdivision to read:
44.9 Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses
44.10to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9),
44.11and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except
44.12as provided under section 97A.065, subdivision 6. An additional commission may not
44.13be assessed on the surcharge and the following statement must be included in the annual
44.14deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer
44.15management, including assisting with the costs of processing deer donated for charitable
44.16purposes."
44.17 Sec. 28. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
44.18 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
44.19to nonresidents, are:
44.20 (1) to take fish by angling, $34;
44.21 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
44.22$24;
44.23 (3) to take fish by angling for a 72-hour period selected by the licensee, $20;
44.24 (4) to take fish by angling for a combined license for a family for one or both parents
44.25and dependent children under the age of 16, $46;
44.26 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
44.27 (6) to take fish by angling for a combined license for a married couple, limited to
44.2814 consecutive days selected by one of the licensees, $35.
44.29 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
44.30issued under paragraph (a), clause (5). An additional commission may not be assessed
44.31on this surcharge.
44.32EFFECTIVE DATE.This section is effective March 1, 2008.
45.1 Sec. 29. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
45.2 Subd. 7. Electronic licensing system commission. The commissioner shall retain
45.3for the operation of the electronic licensing system the commission established under
45.4section
45.5license fees collected, excluding:
45.6 (1) the small game surcharge;
45.7 (2) the deer license surcharge; and
45.8 (3) $2.50 of the license fee for the licenses in section
45.9clauses (1)
45.10 Sec. 30. [97B.303] VENISON DONATIONS.
45.11 An individual who takes a deer may donate the deer, for distribution to charitable
45.12food assistance programs, to a meat processor that is licensed under chapter 28A. An
45.13individual donating a deer must supply the processor with the tag number under which
45.14the deer was taken.
45.15 Sec. 31. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
45.16 Subd. 3. Contests requiring a permit. (a) A person must have a permit from the
45.17commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
45.18
45.19that recovers the costs of issuing the permit and of monitoring the activities allowed by
45.20the permit. Receipts collected from this fee shall be credited to the game and fish fund.
45.21Notwithstanding section 16A.1283, the commissioner may, by written order published in
45.22the State Register, establish contest permit fees. The fees are not subject to the rulemaking
45.23provisions of chapter 14 and section 14.386 does not apply.
45.24 (b) If entry fees are over $25 per person, or total prizes are valued at more than
45.25$25,000, and if the applicant has either:
45.26 (1) not previously conducted a fishing contest requiring a permit under this
45.27subdivision; or
45.28 (2) ever failed to make required prize awards in a fishing contest conducted by
45.29the applicant, the commissioner may require the applicant to furnish the commissioner
45.30evidence of financial responsibility in the form of a surety bond or bank letter of credit in
45.31the amount of $25,000.
45.32 Sec. 32. Minnesota Statutes 2006, section 103B.101, is amended by adding a
45.33subdivision to read:
46.1 Subd. 12. Authority to issue penalty orders. The board may issue an order
46.2requiring violations to be corrected and administratively assessing monetary penalties for
46.3violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules
46.4adopted under those chapters, and any standards, limitations, or conditions established
46.5by the board.
46.6EFFECTIVE DATE.This section is effective the day following final enactment.
46.7 Sec. 33. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
46.8AND OVERSIGHT.
46.9 Subdivision 1. Findings; improving accountability and oversight. The legislature
46.10finds that a process is needed to monitor the performance and activities of local water
46.11management entities. The process should be preemptive so that problems can be identified
46.12early and systematically. Underperforming entities should be provided assistance and
46.13direction for improving performance in a reasonable time frame.
46.14 Subd. 2. Definitions. For the purposes of this section, "local water management
46.15entities" means watershed districts, soil and water conservation districts, metropolitan
46.16water management organizations, and counties operating separately or jointly in their
46.17role as local water management authorities under chapter 103B, 103C, 103D, or 103G
46.18and chapter 114D.
46.19 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
46.20evaluate performance, financial, and activity information for each local water management
46.21entity. The board shall evaluate the entities' progress in accomplishing their adopted
46.22plans on a regular basis, but not less than once every five years. The board shall maintain
46.23a summary of local water management entity performance on the board's Web site.
46.24Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
46.25of local water management entity performance to the chairs of the house and senate
46.26committees having jurisdiction over environment and natural resources policy.
46.27 Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water
46.28and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
46.29redirect grants and other funding if the local water management entity has not corrected
46.30deficiencies as prescribed in a notice from the board within one year from the date of
46.31the notice.
46.32 (b) The board may defer a decision on a termination petition filed under section
46.33103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
46.34under subdivision 3 or to communicate the results of the evaluation to petitioners or to
46.35local and state government agencies.
47.1 Sec. 34. Minnesota Statutes 2006, section 103C.321, is amended by adding a
47.2subdivision to read:
47.3 Subd. 6. Credit card use. The supervisors may authorize the use of a credit card
47.4by any soil and water conservation district officer or employee otherwise authorized
47.5to make a purchase on behalf of the soil and water conservation district. If a soil and
47.6water conservation district officer or employee makes a purchase by credit card that is not
47.7approved by the supervisors, the officer or employee is personally liable for the amount of
47.8the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
47.9or soil and water conservation district policy applicable to soil and water conservation
47.10district purchases.
47.11 Sec. 35. Minnesota Statutes 2006, section 103D.325, is amended by adding a
47.12subdivision to read:
47.13 Subd. 4. Credit card use. The managers may authorize the use of a credit card
47.14by any watershed district officer or employee otherwise authorized to make a purchase
47.15on behalf of the watershed district. If a watershed district officer or employee makes a
47.16purchase by credit card that is not approved by the managers, the officer or employee is
47.17personally liable for the amount of the purchase. A purchase by credit card must otherwise
47.18comply with all statutes, rules, or watershed district policy applicable to watershed district
47.19purchases.
47.20 Sec. 36. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:
47.21 Subdivision 1. Spoil banks must be spread and
47.22vegetation established. In any proceeding to establish, construct, improve, or do any
47.23work affecting a public drainage system under any law that appoints viewers to assess
47.24benefits and damages, the authority having jurisdiction over the proceeding shall order
47.25spoil banks to be spread consistent with the plan and function of the drainage system. The
47.26authority shall order that permanent grass, other than a noxious weed, be planted on
47.27the
47.28approved by the drainage authority be established on each side of the ditch. Preference
47.29should be given to planting native species of a local ecotype. The approved perennial
47.30vegetation shall not impede future maintenance of the ditch. The permanent strips of
47.31perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge
47.32of the constructed channel resulting from the proceeding, or to the crown of the leveled
47.33spoil bank, whichever is the greater,
47.34
48.1benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
48.2rights-of-way for the acreage and additional property required for the
48.3strips must be acquired by the authority having jurisdiction.
48.4 Sec. 37. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
48.5 Subd. 2. Reseeding and harvesting
48.6having jurisdiction over the repair and maintenance of the drainage system shall supervise
48.7all necessary reseeding. The permanent
48.8maintained in the same manner as other drainage system repairs. Harvest of the
48.9vegetation from the
48.10or the drainage system is the privilege of the fee owner or assigns. The
48.11inspector shall establish rules for the fee owner and assigns to harvest the
48.12 Sec. 38. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
48.13 Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
48.14those required for the maintenance of a permanent growth of
48.15are not permitted on any portion of the property acquired for
48.16 Sec. 39. Minnesota Statutes 2006, section 103E.021, is amended by adding a
48.17subdivision to read:
48.18 Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
48.19inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
48.20of viewers and redetermination of benefits and damages, a drainage authority may
48.21implement permanent buffer strips of perennial vegetation approved by the drainage
48.22authority or side inlet controls, or both, adjacent to a public drainage ditch, where
48.23necessary to control erosion and sedimentation, improve water quality, or maintain the
48.24efficiency of the drainage system. Preference should be given to planting native species of
48.25a local ecotype. The approved perennial vegetation shall not impede future maintenance
48.26of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
48.27measured outward from the top edge of the existing constructed channel. Drainage system
48.28rights-of-way for the acreage and additional property required for the permanent strips
48.29must be acquired by the authority having jurisdiction.
48.30 (b) A project under this subdivision shall be implemented as a repair according to
48.31section 103E.705, except that the drainage authority may appoint an engineer to examine
48.32the drainage system and prepare an engineer's repair report for the project.
49.1 (c) Damages shall be determined by the drainage authority, or viewers, appointed by
49.2the drainage authority, according to section 103E.315, subdivision 8. A damages statement
49.3shall be prepared, including an explanation of how the damages were determined for each
49.4property affected by the project, and filed with the auditor or watershed district. Within 30
49.5days after the damages statement is filed, the auditor or watershed district shall prepare
49.6property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
49.7(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
49.8each owner of property affected by the proposed project.
49.9 (d) After a damages statement is filed, the drainage authority shall set a time, by
49.10order, not more than 30 days after the date of the order, for a hearing on the project. At
49.11least ten days before the hearing, the auditor or watershed district shall give notice by mail
49.12of the time and location of the hearing to the owners of property and political subdivisions
49.13likely to be affected by the project.
49.14 (e) The drainage authority shall make findings and order the repairs to be made if
49.15the drainage authority determines from the evidence presented at the hearing and by the
49.16viewers and engineer, if appointed, that the repairs are necessary for the drainage system
49.17and the costs of the repairs are within the limitations of section 103E.705.
49.18 Sec. 40. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
49.19 The drainage authority shall annually submit a report to the Board of Water and Soil
49.20Resources for the calendar year including:
49.21 (1) the number and types of actions for which viewers were appointed;
49.22 (2) the number of miles of buffer strips established according to section 103E.021;
49.23 (3) the number of drainage system inspections conducted; and
49.24 (4) the number of violations of section 103E.021 identified and enforcement actions
49.25taken.
49.26 Sec. 41. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
49.27 Subd. 8. Extent of damages. Damages to be paid may include:
49.28 (1) the fair market value of the property required for the channel of an open ditch
49.29and the permanent
49.30 (2) the diminished value of a farm due to severing a field by an open ditch;
49.31 (3) loss of crop production during drainage project construction;
49.32 (4) the diminished productivity or land value from increased overflow
50.1 (5) costs to restore a perennial vegetative cover or structural practice existing
50.2under a federal or state conservation program adjacent to the permanent drainage system
50.3right-of-way and damaged by the drainage project.
50.4 Sec. 42. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
50.5 Subdivision 1. Requirements. The viewers' report must show, in tabular form,
50.6for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
50.7is benefited or damaged:
50.8 (1) a description of the lot or tract, under separate ownership, that is benefited or
50.9damaged;
50.10 (2) the names of the owners as they appear on the current tax records of the county
50.11and their addresses;
50.12 (3) the number of acres in each tract or lot;
50.13 (4) the number and value of acres added to a tract or lot by the proposed drainage of
50.14public waters;
50.15 (5) the damage, if any, to riparian rights;
50.16 (6) the damages paid for the permanent
50.17section
50.18 (7) the total number and value of acres added to a tract or lot by the proposed
50.19drainage of public waters, wetlands, and other areas not currently being cultivated;
50.20 (8) the number of acres and amount of benefits being assessed for drainage of areas
50.21which before the drainage benefits could be realized would require a public waters work
50.22permit to work in public waters under section
50.23water body under United States Code, title 33, section 403, or a permit to discharge into
50.24waters of the United States under United States Code, title 33, section 1344;
50.25 (9) the number of acres and amount of benefits being assessed for drainage of areas
50.26that would be considered conversion of a wetland under United States Code, title 16,
50.27section 3821, if the area was placed in agricultural production;
50.28 (10) the amount of right-of-way acreage required; and
50.29 (11) the amount that each tract or lot will be benefited or damaged.
50.30 Sec. 43. Minnesota Statutes 2006, section 103E.701, is amended by adding a
50.31subdivision to read:
50.32 Subd. 7. Restoration; disturbance or destruction by repair. If a drainage system
50.33repair disturbs or destroys a perennial vegetative cover or structural practice existing
50.34under a federal or state conservation program adjacent to the permanent drainage system
51.1right-of-way, the practice must be restored according to the applicable practice plan or
51.2as determined by the drainage authority, if a practice plan is not available. Restoration
51.3costs shall be paid by the drainage system.
51.4 Sec. 44. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
51.5 Subdivision 1. Inspection. After the construction of a drainage system has been
51.6completed, the drainage authority shall maintain the drainage system that is located in its
51.7jurisdiction, including
51.9drainage authority shall have the drainage system inspected on a regular basis by an
51.10inspection committee of the drainage authority or a drainage inspector appointed by the
51.11drainage authority. Open drainage ditches shall be inspected at a minimum of every five
51.12years when no violation of section 103E.021 is found and annually when a violation of
51.13section 103E.021 is found, until one year after the violation is corrected.
51.14 Sec. 45. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
51.15 Subd. 2.
51.16compliance notice. (a) The drainage authority having jurisdiction over a drainage system
51.17must inspect the drainage system for violations of section
51.18committee of the drainage authority or a drainage inspector determines that permanent
51.19
51.21 (b) The notice must state:
51.22 (1) the date the ditch was inspected;
51.23 (2) the persons making the inspection;
51.24 (3) that spoil banks are to be spread in a manner consistent with the plan and function
51.25of the drainage system and that the drainage system has acquired a
51.26
51.27vegetation, according to section 103E.021;
51.28 (4) the violations of section
51.29 (5) the measures that must be taken by the property owner to comply with section
51.31 (6) that if the property owner does not comply by the date specified, the drainage
51.32authority will perform the work necessary to bring the area into compliance with section
52.1 (c) If a property owner does not bring an area into compliance with section
52.2as provided in the compliance notice, the inspection committee or drainage inspector
52.3must notify the drainage authority.
52.4 (d) This subdivision applies to property acquired under section
52.5 Sec. 46. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
52.6 Subd. 3. Drainage inspection report. For each drainage system that the board
52.7designates and requires the drainage inspector to examine, the drainage inspector shall
52.8make a drainage inspection report in writing to the board after examining a drainage
52.9system, designating portions that need repair or maintenance of
52.10strips of perennial vegetation and the location and nature of the repair or maintenance.
52.11The board shall consider the drainage inspection report at its next meeting and may repair
52.12all or any part of the drainage system as provided under this chapter. The
52.13strips of perennial vegetation must be maintained in compliance with section
52.14 Sec. 47. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
52.15 Subd. 2. Additional assessment for agricultural practices on
52.16strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
52.17charge an additional assessment on property that has agricultural practices on or otherwise
52.18violates provisions related to the permanent
52.19under section
52.20 (b) The drainage authority may determine the cost of the repair per mile of open
52.21ditch on the ditch system. Property that is in violation of the grass requirement shall be
52.22assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
52.23of open ditch in miles on the property in violation.
52.24 (c) After the amount of the additional assessment is determined and applied to the
52.25repair cost, the balance of the repair cost may be apportioned pro rata as provided in
52.26subdivision 1.
52.27 Sec. 48. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:
52.28 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
52.29or partially, unless replaced by restoring or creating wetland areas of at least equal
52.30public value under a replacement plan approved as provided in section
52.31replacement plan under a local governmental unit's comprehensive wetland protection
52.32and management plan approved by the board under section
52.33mine is required under section
53.1commissioner under the permit to mine. Mining reclamation plans shall apply the same
53.2principles and standards for replacing wetlands by restoration or creation of wetland areas
53.3that are applicable to mitigation plans approved as provided in section
53.4value must be determined in accordance with section
53.5wetland protection and management plan established under section
53.7flooded areas of types 3, 4, and 5 wetlands.
53.8 (b) Replacement must be guided by the following principles in descending order
53.9of priority:
53.10 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
53.11the wetland;
53.12 (2) minimizing the impact by limiting the degree or magnitude of the wetland
53.13activity and its implementation;
53.14 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
53.15wetland environment;
53.16 (4) reducing or eliminating the impact over time by preservation and maintenance
53.17operations during the life of the activity;
53.18 (5) compensating for the impact by restoring a wetland; and
53.19 (6) compensating for the impact by replacing or providing substitute wetland
53.20resources or environments.
53.21 For a project involving the draining or filling of wetlands in an amount not exceeding
53.2210,000 square feet more than the applicable amount in section
53.23paragraph (a), the local government unit may make an on-site sequencing determination
53.24without a written alternatives analysis from the applicant.
53.25 (c) If a wetland is located in a cultivated field, then replacement must be
53.26accomplished through restoration only without regard to the priority order in paragraph
53.27(b), provided that a deed restriction is placed on the altered wetland prohibiting
53.28nonagricultural use for at least ten years.
53.29 (d) If a wetland is drained under section 103G.2241, subdivision 2, the local
53.30government unit may require a deed restriction that prohibits nonagricultural use for at
53.31least ten years unless the drained wetland is replaced as provided under this section. The
53.32local government unit may require the deed restriction if it determines the wetland area
53.33drained is at risk of conversion to a nonagricultural use within ten years based on the
53.34zoning classification, proximity to a municipality or full service road, or other criteria as
53.35determined by the local government unit.
54.1 (e) Restoration and replacement of wetlands must be accomplished in accordance
54.2with the ecology of the landscape area affected and ponds that are created primarily to
54.3fulfill stormwater management, and water quality treatment requirements may not be
54.4used to satisfy replacement requirements under this chapter unless the design includes
54.5pretreatment of runoff and the pond is functioning as a wetland.
54.6
54.7located on nonagricultural land, replacement must be in the ratio of two acres of replaced
54.8wetland for each acre of drained or filled wetland.
54.9
54.10greater than 80 percent area, replacement must be in the ratio of one acre of replaced
54.11wetland for each acre of drained or filled wetland.
54.12
54.13plan are subject to the provisions of this section for any subsequent drainage or filling.
54.14
54.15restored from previously drained or filled wetlands, wetlands created by excavation in
54.16nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
54.17or wetlands created by dikes or dams associated with the restoration of previously drained
54.18or filled wetlands may be used in a statewide banking program established in rules adopted
54.19under section
54.20naturally occurring wetlands from one type to another are not eligible for enrollment in a
54.21statewide wetlands bank.
54.22
54.23subdivision 2
54.24wetland characteristics of soils, vegetation, and hydrology before recommending that the
54.25wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
54.26reason to believe that the wetland characteristics may change substantially, the panel shall
54.27postpone its recommendation until the wetland has stabilized.
54.28
54.30
54.31public transportation project, and for projects expanded solely for additional traffic
54.32capacity, public transportation authorities may purchase credits from the board at the cost
54.33to the board to establish credits. Proceeds from the sale of credits provided under this
54.34paragraph are appropriated to the board for the purposes of this paragraph.
54.35
54.36result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
55.1or replacement of a currently serviceable existing state, city, county, or town public road
55.2necessary, as determined by the public transportation authority, to meet state or federal
55.3design or safety standards or requirements, excluding new roads or roads expanded solely
55.4for additional traffic capacity lanes. This paragraph only applies to authorities for public
55.5transportation projects that:
55.6 (1) minimize the amount of wetland filling or draining associated with the project
55.7and consider mitigating important site-specific wetland functions on-site;
55.8 (2) except as provided in clause (3), submit project-specific reports to the board, the
55.9Technical Evaluation Panel, the commissioner of natural resources, and members of the
55.10public requesting a copy at least 30 days prior to construction that indicate the location,
55.11amount, and type of wetlands to be filled or drained by the project or, alternatively,
55.12convene an annual meeting of the parties required to receive notice to review projects to
55.13be commenced during the upcoming year; and
55.14 (3) for minor and emergency maintenance work impacting less than 10,000 square
55.15feet, submit project-specific reports, within 30 days of commencing the activity, to the
55.16board that indicate the location, amount, and type of wetlands that have been filled
55.17or drained.
55.18 Those required to receive notice of public transportation projects may appeal
55.19minimization, delineation, and on-site mitigation decisions made by the public
55.20transportation authority to the board according to the provisions of section
55.21subdivision 9
55.22decisions made by the public transportation authority and provide recommendations
55.23regarding on-site mitigation if requested to do so by the local government unit, a
55.24contiguous landowner, or a member of the Technical Evaluation Panel.
55.25 Except for state public transportation projects, for which the state Department of
55.26Transportation is responsible, the board must replace the wetlands, and wetland areas of
55.27public waters if authorized by the commissioner or a delegated authority, drained or filled
55.28by public transportation projects on existing roads.
55.29 Public transportation authorities at their discretion may deviate from federal and
55.30state design standards on existing road projects when practical and reasonable to avoid
55.31wetland filling or draining, provided that public safety is not unreasonably compromised.
55.32The local road authority and its officers and employees are exempt from liability for
55.33any tort claim for injury to persons or property arising from travel on the highway and
55.34related to the deviation from the design standards for construction or reconstruction under
55.35this paragraph. This paragraph does not preclude an action for damages arising from
55.36negligence in construction or maintenance on a highway.
56.1
56.2project has already affected the wetland, the local government unit may require the
56.3landowner to replace the affected wetland at a ratio not to exceed twice the replacement
56.4ratio otherwise required.
56.5
56.6watershed on the basis of its percentage of presettlement wetlands remaining. After
56.7receipt of satisfactory documentation from the local government, the board shall change
56.8the classification of a county or watershed. If requested by the local government unit,
56.9the board must assist in developing the documentation. Within 30 days of its action to
56.10approve a change of wetland classifications, the board shall publish a notice of the change
56.11in the Environmental Quality Board Monitor.
56.12
56.13government unit may request the local government unit to reclassify a county or watershed
56.14on the basis of its percentage of presettlement wetlands remaining. In support of their
56.15petition, the citizens shall provide satisfactory documentation to the local government unit.
56.16The local government unit shall consider the petition and forward the request to the board
56.17under paragraph
56.18EFFECTIVE DATE.This section is effective the day following final enactment.
56.19 Sec. 49. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
56.20 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
56.21this priority order:
56.22 (1) on site or in the same minor watershed as the affected wetland;
56.23 (2) in the same watershed as the affected wetland;
56.24 (3) in the same county as the affected wetland;
56.25 (4) for replacement by wetland banking, in the same wetland bank service area as
56.26the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
56.27a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
56.28less than 50 percent area;
56.29 (5) for project specific replacement, in an adjacent watershed
56.30affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
56.31service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
56.3280 percent area and impacts in a less than 50 percent area must be replaced in a less
56.33than 50 percent area; and
56.34
56.35public transportation projects, except that wetlands affected in less than 50 percent areas
57.1must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
57.2metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
57.3(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
57.4that are wholly or partially within the seven-county metropolitan area, but at least one to
57.5one must be replaced within the seven-county metropolitan area.
57.6 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
57.7percent areas may follow the priority order under this paragraph: (1) by wetland banking
57.8after evaluating on-site replacement and replacement within the watershed; (2) replaced
57.9in an adjacent wetland bank service area if wetland bank credits are not reasonably
57.10available in the same wetland bank service area as the affected wetland, as determined
57.11by the local government unit or by a comprehensive inventory approved by the board;
57.12and (3) statewide.
57.13 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
57.14metropolitan area must follow the priority order under this paragraph: (1) in the affected
57.15county; (2) in another of the seven metropolitan counties; or (3) in one of the major
57.16watersheds that are wholly or partially within the seven-county metropolitan area, but at
57.17least one to one must be replaced within the seven-county metropolitan area.
57.18 (d) The exception in paragraph (a), clause
57.19completed using wetland banking credits established by a person who submitted a
57.20complete wetland banking application to a local government unit by April 1, 1996.
57.21
57.22opportunities are not available in siting priorities listed in paragraph (a), the applicant
57.23may seek opportunities at the next level.
57.24
57.25beneficial replacement opportunities" are defined as opportunities that:
57.26 (1) take advantage of naturally occurring hydrogeomorphological conditions and
57.27require minimal landscape alteration;
57.28 (2) have a high likelihood of becoming a functional wetland that will continue
57.29in perpetuity;
57.30 (3) do not adversely affect other habitat types or ecological communities that are
57.31important in maintaining the overall biological diversity of the area; and
57.32 (4) are available and capable of being done after taking into consideration cost,
57.33existing technology, and logistics consistent with overall project purposes.
57.34
57.35wetland restoration shall collaborate to identify potential replacement opportunities within
57.36their jurisdictional areas.
58.1EFFECTIVE DATE.This section is effective the day following final enactment.
58.2 Sec. 50. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
58.3read:
58.4 Subdivision 1. Agricultural activities.
58.5not required for:
58.6
58.7
58.8
58.9
58.10
58.11
58.12
58.13
58.14
58.15
58.16
58.17
58.18
58.19
58.20
58.21
58.22
58.23
58.24
58.25
58.26 (1) activities in a wetland conducted as part of normal farming practices. For
58.27purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
58.28and ranching activities such as plowing, seeding, cultivating, and harvesting for the
58.29production of feed, food, fuel, fiber, and forest products, but does not include activities
58.30that result in the draining or filling of wetlands in whole or part;
58.31 (2) soil and water conservation practices approved by the soil and water conservation
58.32district, after review by the Technical Evaluation Panel;
58.33
58.34maintenance of associated access roads and dikes authorized under, and conducted in
58.35accordance with, a permit issued by the United States Army Corps of Engineers under
59.1section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but
59.2not including construction or expansion of buildings; or
59.3
59.4authorized under a permit issued by the United States Army Corps of Engineers under
59.5section 404 of the federal Clean Water Act, United States Code, title 33, section 1344
59.6
59.7
59.8
59.9
59.10
59.11
59.12
59.13
59.14
59.15
59.16
59.17
59.18
59.19
59.20
59.21
59.22
59.23
59.24
59.25
59.26EFFECTIVE DATE.This section is effective the day following final enactment.
59.27 Sec. 51. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
59.28read:
59.29 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
59.30system" means a drainage system as defined in section
59.31ditch or tile lawfully connected to the drainage system. If wetlands drained under this
59.32subdivision are converted to uses prohibited under paragraph (b), clause (2), during the
59.33ten-year period following drainage, the wetlands must be replaced according to section
59.34103G.222.
60.1 (b) A replacement plan is not required for draining of type 1 wetlands, or up to five
60.2acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
60.3drainage benefits for a public drainage system, provided that:
60.4 (1) during the 20-year period that ended January 1, 1992:
60.5 (i) there was an expenditure made from the drainage system account for the public
60.6drainage system;
60.7 (ii) the public drainage system was repaired or maintained as approved by the
60.8drainage authority; or
60.9 (iii) no repair or maintenance of the public drainage system was required under
60.10section
60.11 (2) the wetlands are not drained for conversion to:
60.12 (i) platted lots;
60.13 (ii) planned unit, commercial, or industrial developments; or
60.14 (iii) any development with more than one residential unit per 40 acres.
60.15
60.16
60.17
60.18 (c) A replacement plan is not required for draining or filling of wetlands, except for
60.19draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
60.20resulting from maintenance and repair of existing public drainage systems.
60.21 (d) A replacement plan is not required for draining or filling of wetlands, except
60.22for draining wetlands that have been in existence for more than 25 years, resulting from
60.23maintenance and repair of existing drainage systems other than public drainage systems.
60.24
60.25
60.26
60.27
60.28
60.29
60.30
60.31 (e) A replacement plan is not required for draining agricultural land that: (1) was
60.32planted with annually seeded crops before June 10, except for crops that are normally
60.33planted after that date, in eight out of the ten most recent years prior to the impact; (2)
60.34was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most
60.35recent years prior to the impact; or (3) was enrolled in a state or federal land conservation
60.36program and met the requirements of clause (1) or (2) before enrollment.
61.1 (f) The public drainage authority may, as part of the repair, install control structures,
61.2realign the ditch, construct dikes along the ditch, or make other modifications as necessary
61.3to prevent drainage of the wetland.
61.4 (g) Wetlands of all types that would be drained as a part of a public drainage repair
61.5project are eligible for the permanent wetlands preserve under section
61.6board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
61.7been in existence for more than 25 years on public drainage systems and other wetlands
61.8that have the greatest risk of drainage from a public drainage repair project.
61.9EFFECTIVE DATE.This section is effective the day following final enactment.
61.10 Sec. 52. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
61.11read:
61.12 Subd. 3. Federal approvals. A replacement plan for wetlands is not required for
61.13
61.14
61.15
61.16
61.17
61.18
61.19
61.20
61.21
61.22Rivers and Harbors Act, section 10, regulations that meet minimum state standards
61.23under this chapter and sections
61.24by the Board of Water and Soil Resources, the commissioners of natural resources and
61.25agriculture, and the Pollution Control Agency.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 53. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
61.28read:
61.29 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
61.30required for:
61.31
61.32
62.1
62.2
62.3
62.4
62.5
62.6
62.7
62.8
62.9
62.10
62.11
62.12
62.13
62.14
62.15
62.16
62.17 (1) new placement or maintenance, repair, enhancement, or replacement of existing
62.18utility or utility-type service, including pipelines, if:
62.19 (i) the direct and indirect impacts of the proposed project have been avoided and
62.20minimized to the extent possible; and
62.21 (ii) the proposed project significantly modifies or alters less than one-half acre of
62.22wetlands;
62.23 (2) activities associated with operation, routine maintenance, or emergency repair of
62.24existing utilities and public work structures, including pipelines, provided the activities
62.25do not result in additional wetland intrusion or additional draining or filling of a wetland
62.26either wholly or partially; or
62.27 (3) repair and updating of existing individual sewage treatment systems necessary to
62.28comply with local, state, and federal regulations.
62.29 (b) For maintenance, repair, and replacement, the local government unit may issue
62.30a seasonal or annual exemption certification or the utility may proceed without local
62.31government unit certification if the utility is carrying out the work according to approved
62.32best management practices. Work of an emergency nature may proceed as necessary
62.33and any drain or fill activities shall be addressed with the local government unit after
62.34the emergency work has been completed.
62.35EFFECTIVE DATE.This section is effective the day following final enactment.
63.1 Sec. 54. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
63.2read:
63.3 Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a
63.4replacement plan for wetlands is not required for draining or filling the following amounts
63.5of wetlands as part of a project:
63.6 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
63.7tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
63.880 percent area;
63.9 (2)
63.10and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80
63.11percent area;
63.12 (3)
63.13wetland protection zone in a less than 50 percent area;
63.14 (4)
63.15the building setback zone of the shoreland wetland protection zones in all counties;
63.16 (5) 400 square feet of
63.17to (3),
63.18ordinance, but within the shoreland wetland protection zone
63.19than 80 percent area, the local government unit may increase the de minimis amount
63.20up to 1,000 square feet
63.21
63.22to the public water. To the extent that a local shoreland management ordinance is more
63.23restrictive than this provision, the local shoreland ordinance applies; or
63.24 (6) up to 20 square feet of wetland, regardless of type or location.
63.25 (b) The amounts listed in paragraph (a), clauses (1) to
63.26on a project.
63.27 (c) This exemption no longer applies to a landowner's portion of a wetland when
63.28the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
63.29the greatest of:
63.30 (1) the applicable area listed in paragraph (a), if the landowner owns the entire
63.31wetland;
63.32 (2) five percent of the landowner's portion of the wetland; or
63.33 (3) 400 square feet.
63.34 (d) This exemption may not be combined with another exemption in this section on
63.35a project.
63.36 (e) Property may not be divided to increase the amounts listed in paragraph (a).
64.1EFFECTIVE DATE.This section is effective the day following final enactment.
64.2 Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
64.3read:
64.4 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
64.5under an exemption in subdivisions 1 to 10 shall ensure that:
64.6 (1) appropriate erosion control measures are taken to prevent sedimentation of
64.7the water;
64.8 (2) the activity does not block fish passage in a watercourse; and
64.9 (3) the activity is conducted in compliance with all other applicable federal,
64.10state, and local requirements, including best management practices and water resource
64.11protection requirements established under chapter 103H.
64.12 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
64.13may be indicated as not exempt under another exemption.
64.14 (c) Persons proposing to conduct an exempt activity are encouraged to contact the
64.15local government unit or the local government unit's designee for advice on minimizing
64.16wetland impacts.
64.17 (d) The board shall develop rules that address the application and implementation
64.18of exemptions and that provide for estimates and reporting of exempt wetland impacts,
64.19including those in section 103G.2241, subdivisions 2, 6, and 9.
64.20EFFECTIVE DATE.This section is effective the day following final enactment.
64.21 Sec. 56. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
64.22read:
64.23 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
64.24or type of a wetland shall be submitted to and determined by a Technical Evaluation
64.25Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
64.26a technical professional employee of the board, a technical professional employee of
64.27the local soil and water conservation district or districts, a technical professional with
64.28expertise in water resources management appointed by the local government unit, and
64.29a technical professional employee of the Department of Natural Resources for projects
64.30affecting public waters or wetlands adjacent to public waters. The panel shall use the
64.31"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
64.32including updates, supplementary guidance, and replacements, if any, "Wetlands of
64.33the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
64.34and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
65.1edition). The panel shall provide the wetland determination and recommendations on
65.2other technical matters to the local government unit that must approve a replacement
65.3plan, wetland banking plan, exemption determination, no-loss determination, or wetland
65.4boundary or type determination and may recommend approval or denial of the plan. The
65.5authority must consider and include the decision of the Technical Evaluation Panel in their
65.6approval or denial of a plan or determination.
65.7 (b) Persons conducting wetland or public waters boundary delineations or type
65.8determinations are exempt from the requirements of chapter 326.
65.9
65.10
65.11
65.12may develop a professional wetland delineator certification program.
65.13EFFECTIVE DATE.This section is effective the day following final enactment.
65.14 Sec. 57. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
65.15read:
65.16 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
65.17for a wetland boundary or type determination from the local government unit. The
65.18landowner applying for the determination is responsible for submitting proof necessary
65.19to make the determination, including, but not limited to, wetland delineation field data,
65.20observation well data, topographic mapping, survey mapping, and information regarding
65.21soils, vegetation, hydrology, and groundwater both within and outside of the proposed
65.22wetland boundary.
65.23 (b) A local government unit that receives an application under paragraph (a) may
65.24seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
65.25necessary, expand the Technical Evaluation Panel. The local government unit may delegate
65.26the decision authority for wetland boundary or type determinations
65.27
65.28 (c) The local government unit decision must be made in compliance with section
65.30be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
65.31district or watershed management organization, if one exists, and individual members of
65.32the public who request a copy.
65.33 (d) Appeals of decisions made by designated local government staff must be made
65.34to the local government unit. Notwithstanding any law to the contrary, a ruling on an
66.1appeal must be made by the local government unit within 30 days from the date of the
66.2filing of the appeal.
66.3 (e) The local government unit decision is valid for three years unless the Technical
66.4Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
66.5or soils of the area have been sufficient to alter the wetland boundary or type.
66.6EFFECTIVE DATE.This section is effective the day following final enactment.
66.7 Sec. 58. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
66.8read:
66.9 Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking,
66.10wetland boundary or type determination,
66.11be obtained by mailing a petition and payment of a filing fee
66.12retained by the board to defray administrative costs, to the board within 30 days after the
66.13postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
66.1430 days, the decision becomes final.
66.15
66.16petition for hearing is accepted, the amount posted must be returned to the petitioner.
66.17Appeal may be made by:
66.18 (1) the wetland owner;
66.19 (2) any of those to whom notice is required to be mailed under subdivision 7; or
66.20 (3) 100 residents of the county in which a majority of the wetland is located.
66.21 (b) Within 30 days after receiving a petition, the board shall decide whether to
66.22grant the petition and hear the appeal. The board shall grant the petition unless the board
66.23finds that:
66.24 (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
66.25 (2) the petitioner has not exhausted all local administrative remedies;
66.26 (3) expanded technical review is needed;
66.27 (4) the local government unit's record is not adequate; or
66.28 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
66.29by the local government unit.
66.30 (c) In determining whether to grant the appeal, the board shall also consider the
66.31size of the wetland, other factors in controversy, any patterns of similar acts by the local
66.32government unit or petitioner, and the consequences of the delay resulting from the appeal.
66.33 (d) All appeals must be heard by the committee for dispute resolution of the board,
66.34and a decision made within 60 days of filing the local government unit's record and the
66.35written briefs submitted for the appeal. The decision must be served by mail on the parties
67.1to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
67.2grant a petition for appeal and a decision on the merits of an appeal must be considered the
67.3decision of an agency in a contested case for purposes of judicial review under sections
67.5 (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
67.6defray the administrative costs of appeals made to the board under this subdivision. Fees
67.7established under this authority shall not exceed $1,000. Establishment of the fee is not
67.8subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
67.9EFFECTIVE DATE.This section is effective the day following final enactment.
67.10 Sec. 59. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
67.11read:
67.12 Subd. 12. Replacement credits. (a) No public or private wetland restoration,
67.13enhancement, or construction may be allowed for replacement unless specifically
67.14designated for replacement and paid for by the individual or organization performing the
67.15wetland restoration, enhancement, or construction, and is completed prior to any draining
67.16or filling of the wetland.
67.17 (b) Paragraph (a) does not apply to a wetland whose owner has paid back with
67.18interest the individual or organization restoring, enhancing, or constructing the wetland.
67.19 (c) Notwithstanding section
67.20following actions, and others established in rule, that are consistent with criteria in rules
67.21adopted by the board in conjunction with the commissioners of natural resources and
67.22agriculture, are eligible for replacement credit as determined by the local government unit,
67.23including enrollment in a statewide wetlands bank:
67.24 (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
67.25on agricultural land that was planted with annually seeded crops, was in a crop rotation
67.26seeding of pasture grasses or legumes, or was in a land retirement program during the
67.27past ten years;
67.28 (2) buffer areas of permanent native, noninvasive vegetative cover established or
67.29preserved on upland adjacent to replacement wetlands;
67.30 (3) wetlands restored for conservation purposes under terminated easements or
67.31contracts; and
67.32 (4) water quality treatment ponds constructed to pretreat storm water runoff prior
67.33to discharge to wetlands, public waters, or other water bodies, provided that the water
67.34quality treatment ponds must be associated with an ongoing or proposed project that
67.35will impact a wetland and replacement credit for the treatment ponds is based on the
68.1replacement of wetland functions and on an approved stormwater management plan for
68.2the local government.
68.3 (d) Notwithstanding section
68.4the board may establish by rule different replacement ratios for restoration projects with
68.5exceptional natural resource value.
68.6EFFECTIVE DATE.This section is effective the day following final enactment.
68.7 Sec. 60. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
68.8read:
68.9 Subd. 15. Fees paid to board. All fees established in
68.10and 14 must be paid to the Board of Water and Soil Resources
68.11
68.12appeals under section 103G.2242, subdivision 9.
68.13EFFECTIVE DATE.This section is effective the day following final enactment.
68.14 Sec. 61. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
68.15read:
68.16 Subd. 2. Plan contents. A comprehensive wetland protection and management
68.17plan may:
68.18 (1) provide for classification of wetlands in the plan area based on:
68.19 (i) an inventory of wetlands in the plan area;
68.20 (ii) an assessment of the wetland functions listed in section
68.21methodology chosen by the Technical Evaluation Panel from one of the methodologies
68.22established or approved by the board under that section; and
68.23 (iii) the resulting public values;
68.24 (2) vary application of the sequencing standards in section
68.25paragraph (b), for projects based on the classification and criteria set forth in the plan;
68.26 (3) vary the replacement standards of section
68.27
68.28wetland impacts provided there is no net loss of public values within the area subject to
68.29the plan, and so long as:
68.30 (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
68.31wetland for each acre of drained or filled wetland requiring replacement is met within
68.32the area subject to the plan; and
69.1 (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
69.2replaced wetland for each acre of drained or filled wetland requiring replacement is met
69.3within the area subject to the plan, except that replacement for the amount above a 1:1
69.4ratio can be accomplished as described in section
69.5 (4) in a greater than 80 percent area, allow replacement credit, based on the
69.6classification and criteria set forth in the plan, for any project that increases the public
69.7value of wetlands, including activities on adjacent upland acres
69.8
69.9
69.10
69.11
69.12EFFECTIVE DATE.This section is effective the day following final enactment.
69.13 Sec. 62. Minnesota Statutes 2006, section 103G.235, is amended to read:
69.14103G.235 RESTRICTIONS ON ACCESS TO
69.15 Subdivision 1. Wetlands adjacent to roads. To protect the public health or safety,
69.16local units of government may by ordinance restrict public access to public waters
69.17wetlands from municipality, county, or township roads that abut public waters wetlands.
69.18 Subd. 2. Privately restored or created wetlands. When a landowner creates a new
69.19wetland or restores a formerly existing wetland on private land that is adjacent to public
69.20land or a public road right-of-way, there is no public access to the created or restored
69.21wetland if posted by the landowner.
69.22 Sec. 63. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:
69.23 Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
69.24receiving, recording, and processing the application must be paid for a permit authorized
69.25under this chapter and for each request to amend or transfer an existing permit.
69.26 (b) The fee to apply for a permit to appropriate water by a nonpublic, nonagricultural
69.27irrigation applicant must be assessed to recover the reasonable costs of preparing and
69.28issuing the permit. Fees collected under this paragraph must be credited to an account in
69.29the natural resources fund and are appropriated to the commissioner.
69.30
69.31to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam
69.32safety inspection
69.33$150. The application fee for a permit to work in public waters or to divert waters for
70.1mining must be at least $150, but not more than $1,000, according to a schedule of fees
70.2adopted under section
70.3 Sec. 64. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
70.4 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections
70.6 (b) "Advisory committee" means the Advisory Committee on Individual Sewage
70.7Treatment Systems established under the individual sewage treatment system rules. The
70.8advisory committee must be appointed to ensure geographic representation of the state
70.9and include elected public officials.
70.10 (c) "Applicable requirements" means:
70.11 (1) local ordinances that comply with the individual sewage treatment system rules,
70.12as required in subdivision 2; or
70.13 (2) in areas not subject to the ordinances described in clause (1), the individual
70.14sewage treatment system rules.
70.15 (d) "City" means a statutory or home rule charter city.
70.16 (e) "Commissioner" means the commissioner of the Pollution Control Agency.
70.17 (f) "Dwelling" means a building or place used or intended to be used by human
70.18occupants as a single-family or two-family unit.
70.19 (g) "Individual sewage treatment system" or "system" means a sewage treatment
70.20system, or part thereof, serving a dwelling, other establishment, or group thereof, that
70.21uses subsurface soil treatment and disposal.
70.22 (h) "Individual sewage treatment system professional" means an inspector, installer,
70.23site evaluator or designer, or pumper.
70.24 (i) "Individual sewage treatment system rules" means rules adopted by the agency
70.25that establish minimum standards and criteria for the design, location, installation, use,
70.26and maintenance of individual sewage treatment systems.
70.27 (j) "Inspector" means a person who inspects individual sewage treatment systems for
70.28compliance with the applicable requirements.
70.29 (k) "Installer" means a person who constructs or repairs individual sewage treatment
70.30systems.
70.31 (l) "Local unit of government" means a township, city, or county.
70.32 (m) "Performance-based system" means a system that is designed specifically for a
70.33site and the environmental conditions on that site and designed to adequately protect the
70.34public health and the environment and provide long-term performance. At a minimum, a
71.1performance based system must ensure that applicable water quality standards are met in
71.2both ground and surface water that ultimately receive the treated wastewater.
71.3 (n) "Pumper" means a person who maintains components of individual sewage
71.4treatment systems including, but not limited to, septic, aerobic, and holding tanks.
71.5
71.6180 days per year and less than 120 consecutive days.
71.7
71.8and installed as part of an individual sewage treatment system.
71.9
71.10 (1) investigates soils and site characteristics to determine suitability, limitations, and
71.11sizing requirements; and
71.12 (2) designs individual sewage treatment systems.
71.13
71.14waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
71.15system, or ground surface.
71.16 Sec. 65. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:
71.17 Subd. 2. Local ordinances. (a) All counties
71.18
71.19revisions to the individual sewage treatment system rules
71.20
71.21adoption by the agency. County ordinances must apply to all areas of the county other
71.22than cities or towns that have adopted ordinances that comply with this section and are
71.23as strict as the applicable county ordinances.
71.24
71.25
71.26 (b) A copy of each ordinance adopted under this subdivision must be submitted to
71.27the commissioner upon adoption.
71.28 (c) A local unit of government must make available to the public upon request a
71.29written list of any differences between its ordinances and rules adopted under this section.
71.30 Sec. 66. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:
71.31 Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and
71.32criteria for the design, location, installation, use, and maintenance of individual sewage
71.33treatment systems. The rules must include:
71.34 (1) how the agency will ensure compliance under subdivision 2;
72.1 (2) how local units of government shall enforce ordinances under subdivision 2,
72.2including requirements for permits and inspection programs;
72.3 (3) how the advisory committee will participate in review and implementation of
72.4the rules;
72.5 (4) provisions for
72.6 (5) provisions for handling and disposal of effluent;
72.7 (6) provisions for system abandonment; and
72.8 (7) procedures for variances, including the consideration of variances based on cost
72.9and variances that take into account proximity of a system to other systems.
72.10 (b) The agency shall consult with the advisory committee before adopting rules
72.11under this subdivision.
72.12 (c) Notwithstanding the repeal of the agency rule under which the commissioner
72.13has established a list of warrantied individual sewage treatment systems, the warranties
72.14for all systems so listed as of the effective date of the repeal shall continue to be valid
72.15for the remainder of the warranty period.
72.16 (d) The rules required in paragraph (a) must also address the following:
72.17 (1) a definition of redoximorphic features and other criteria that can be used by
72.18system designers and inspectors;
72.19 (2) direction on the interpretation of observed soil features that may be
72.20redoximorphic and their relation to zones of seasonal saturation; and
72.21 (3) procedures on how to resolve professional disagreements on seasonally saturated
72.22soils.
72.23These rules must be in place by March 31, 2006.
72.24 Sec. 67. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
72.25to read:
72.26 Subd. 12. Advisory committee; county individual sewage treatment system
72.27management plan. (a) A county may adopt an individual sewage treatment system
72.28management plan that describes how the county plans on carrying out individual sewage
72.29treatment system needs. The commissioner of the Pollution Control Agency shall form an
72.30advisory committee to determine what the plans should address. The advisory committee
72.31shall be made up of representatives of the Association of Minnesota Counties, Pollution
72.32Control Agency, Board of Water and Soil Resources, Department of Health, and other
72.33public agencies that have an interest in individual sewage treatment systems.
72.34 (b) The advisory committee shall advise the agency on the standards, management,
72.35monitoring, and reporting requirements for performance-based systems.
73.1 Sec. 68. Minnesota Statutes 2006, section 116C.92, is amended to read:
73.2116C.92 COORDINATION OF ACTIVITIES.
73.3 Subdivision 1. State coordinating organization. The Environmental Quality Board
73.4is designated the state coordinating organization for state and federal regulatory activities
73.5relating to genetically engineered organisms.
73.6 Subd. 2. Notice of nationwide action. The board shall notify interested parties if a
73.7permit to release genetically engineered wild rice is issued anywhere in the United States.
73.8For purposes of this subdivision, "interested parties" means:
73.9 (1) the state's wild rice industry;
73.10 (2) the legislature;
73.11 (3) federally recognized tribes within Minnesota; and
73.12 (4) individuals who request to be notified.
73.13 Sec. 69. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:
73.14 Subdivision 1. General authority. (a) Except as provided in paragraph (b), the
73.15board shall adopt rules consistent with sections
73.16environmental assessment worksheet and otherwise comply with chapter 116D and rules
73.17adopted under it for a proposed release and a permit for a release. The board may place
73.18conditions on a permit and may deny, modify, suspend, or revoke a permit.
73.19 (b) The board shall adopt rules that require an environmental impact statement and
73.20otherwise comply with chapter 116D and rules adopted under it for a proposed release and
73.21a permit for a release of genetically engineered wild rice. The board may place conditions
73.22on the permit and may deny, modify, suspend, or revoke the permit.
73.23 Sec. 70. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:
73.24 Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at
73.25the request of any person, that a federal program exists for regulating the release of certain
73.26genetically engineered organisms and the federal oversight under the program is adequate
73.27to protect human health or the environment, then any person may release such genetically
73.28engineered organisms after obtaining the necessary federal approval and without obtaining
73.29a state release permit or a significant environmental permit or complying with the other
73.30requirements of sections
73.31to section
73.32 (b) If the board determines the federal program is adequate to meet only certain
73.33requirements of sections
73.34to section
74.1 (c) A person proposing a release for which a federal authorization is required may
74.2apply to the board for an exemption from the board's permit or to a state agency with a
74.3significant environmental permit for the proposed release for an exemption from the
74.4agency's permit. The proposer must file with the board or state agency a written request
74.5for exemption with a copy of the federal application and the information necessary to
74.6determine if there is a potential for significant environmental effects under chapter 116D
74.7and rules adopted under it. The board or state agency shall give public notice of the request
74.8in the first available issue of the EQB Monitor and shall provide an opportunity for public
74.9comment on the environmental review process consistent with chapter 116D and rules
74.10adopted under it. The board or state agency may grant the exemption if the board or state
74.11agency finds that the federal authorization issued is adequate to meet the requirements of
74.12chapter 116D and rules adopted under it and any other requirement of the board's or state
74.13agency's authority regarding the release of genetically engineered organisms. The board
74.14or state agency must grant or deny the exemption within 45 days after the receipt of the
74.15written request and the information required by the board or state agency.
74.16 (d) This subdivision does not apply to genetically engineered organisms for which
74.17an environmental impact statement is required under sections 116C.91 to 116C.96.
74.18 Sec. 71. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:
74.19 Subd. 4. All-terrain vehicle. Approximately
74.20received in or produced or brought into this state, except gasoline used for aviation
74.21purposes, is being used for the operation of all-terrain vehicles in this state, and of the total
74.22revenue derived from the imposition of the gasoline fuel tax,
74.23the amount of tax on fuel used in all-terrain vehicles operated in this state.
74.24 Sec. 72. Laws 2003, chapter 128, article 1, section 169, is amended to read:
74.25 Sec. 169. CONTINUOUS TRAIL DESIGNATION.
74.26 (a) The commissioner of natural resources shall locate, plan, design, map, construct,
74.27designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
74.28of not less than 70 continuous miles in length on any land owned by the state or in
74.29cooperation with any county on land owned by that county or on a combination of any of
74.30these lands. This new trail shall be ready for use by
74.31 (b) All funding for this new trail shall come from the all-terrain vehicle dedicated
74.32account and is appropriated each year as needed.
74.33 (c) This new trail shall have at least two areas of access complete with appropriate
74.34parking for vehicles and trailers and enough room for loading and unloading all-terrain
75.1vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
75.2inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
75.3trail. This new trail may be of a continuous loop design and shall provide for spurs to other
75.4all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
75.5of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.
75.6 Sec. 73. Laws 2006, chapter 236, article 1, section 21, is amended to read:
75.7 Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
75.8ITASCA COUNTY.
75.9 (a) For the purpose of a land exchange for use in connection with a proposed
75.10steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
75.11subdivision 3, title examination and approval of the land described in paragraph (b)
75.12shall be undertaken as a condition of exchange of the land for class B land, and shall be
75.13governed by Minnesota Statutes, section
75.14of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
75.15section
75.16reports or title insurance commitments prepared or underwritten by a title insurer licensed
75.17to conduct title insurance business in this state, regardless of whether abstracts were
75.18created or updated in the preparation of the title reports or commitments. The opinion of
75.19the county attorney, and approval by the attorney general, shall be based on those title
75.20reports or commitments.
75.21 (b) The land subject to this section is located in Itasca County and is described as:
75.22 (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
75.2356 North, Range 22 West;
75.24 (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
75.25 (3) Section 30, Township 57 North, Range 22 West; and
75.26 (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
75.27 (c) Riparian land given in exchange by Itasca County for the purpose of the steel
75.28mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
75.29Statutes, section
75.30 (d) Notwithstanding Minnesota Statutes, sections
75.31and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
75.32by private sale, any land received in exchange for the purpose of the steel mill referenced
75.33in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
75.34sale must be in a form approved by the attorney general.
76.1 (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
76.2law to the contrary, land acquired through an exchange under this section is exempt from
76.3payment of three percent of the sales price required to be collected by the county auditor
76.4at the time of sale for deposit in the state treasury.
76.5 Sec. 74. ENDOCRINE DISRUPTOR REPORT.
76.6 The commissioner of the Pollution Control Agency shall prepare a report on
76.7strategies to prevent the entry of endocrine disruptors into waters of the state. The report
76.8must include an estimate for each strategy of the proportion of endocrine disruptors that
76.9are prevented from entering the waters of the state. The commissioner shall submit the
76.10report to the house and senate committees having jurisdiction over environment and
76.11natural resources policy and finance by January 15, 2008.
76.12 Sec. 75. EASEMENT REPORT REQUIRED.
76.13 By January 1, 2008, the commissioner of natural resources must report to the
76.14house and senate committees with jurisdiction over environment and natural resources
76.15finance with proposed minimum legal and conservation standards that could be applied
76.16to conservation easements acquired with public money.
76.17 Sec. 76. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
76.18 Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
76.19the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of
76.2020 years, for use as a tailings basin and buffer area. A lease entered under this section
76.21is renewable.
76.22 Sec. 77. WILD RICE STUDY.
76.23 By February 15, 2008, the commissioner of natural resources must prepare a study
76.24for natural wild rice that includes:
76.25 (1) the current location and estimated acreage and area of natural stands;
76.26 (2) identified threats to natural stands, including, but not limited to, development
76.27pressure, water levels, pollution, invasive species, and genetic strains; and
76.28 (3) recommendations to the house and senate committees with jurisdiction over
76.29natural resources on protecting and increasing natural wild rice stands in the state.
76.30 In developing the study, the commissioner must contact and ask for comments
76.31from the state's wild rice industry, the commissioner of agriculture, local officials with
77.1significant areas of wild rice within their jurisdictions, tribal leaders within affected
77.2federally recognized tribes, and interested citizens.
77.3EFFECTIVE DATE.This section is effective the day following final enactment.
77.4 Sec. 78. CONSTRUCTION.
77.5 Nothing in sections 68, 69, 70, and 77 affects, alters, or modifies the authorities,
77.6responsibilities, obligations, or powers of the state or any political subdivision thereof or
77.7any federally recognized tribe.
77.8 Sec. 79. TECHNICAL ASSISTANCE.
77.9 The commissioner of the Pollution Control Agency shall establish a database of
77.10best practices regarding the installation, management, and maintenance of individual
77.11sewage treatment systems. The database must be made available to any interested public
77.12or private party.
77.13 Sec. 80. RULEMAKING.
77.14 Within 90 days of the effective date of this section, the Board of Water and Soil
77.15Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
77.16statute changes and to address the related wetland exemption provisions in Minnesota
77.17Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions
77.18in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the
77.19rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes,
77.20section 14.386, applies and the proposed rules must be submitted to the senate and house
77.21committees having jurisdiction over environment and natural resources at least 30 days
77.22prior to being published in the State Register. The amended rules are effective for two
77.23years from the date of publication in the State Register unless they are superseded by
77.24permanent rules.
77.25EFFECTIVE DATE.This section is effective the day following final enactment.
77.26 Sec. 81. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
77.27 (a) The following area is established and designated as the Vermillion Highlands
77.28Wildlife Management Area, subject to the special permitted uses authorized in this section:
77.29 The approximately 2,840 acres owned by the University of Minnesota lying within
77.30the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
77.31Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
78.1West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
78.219 West, Dakota County.
78.3 (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
78.4(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
78.5 (1) education, outreach, and agriculture with the intent to eventually phase out
78.6agriculture leases and plant and restore native prairie;
78.7 (2) research by the University of Minnesota or other permitted researchers;
78.8 (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related
78.9recreation of a natural outdoors experience, without constructing new hard surface trails
78.10or roads, and supporting management and improvements;
78.11 (4) designated trails for hiking, horseback riding, biking, and cross-country skiing
78.12and necessary trailhead support with minimal impact on the permitted uses in clause (3);
78.13 (5) shooting sports facilities for sporting clays, skeet, American and international
78.14trapshooting, and rifle and pistol shooting, including sanctioned events and training for
78.15responsible handling and use of firearms;
78.16 (6) grant-in-aid snowmobile trails; and
78.17 (7) leases for small-scale farms to market vegetable farming.
78.18 (c) With the concurrence of representatives of the University of Minnesota and
78.19Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
78.20permitted uses as follows:
78.21 (1) temporarily close areas or trails, by posting at the access points, to facilitate
78.22hunting. When temporarily closing trails under this clause, the commissioner shall avoid
78.23closing all trail loops simultaneously whenever practical; or
78.24 (2) limit other permitted uses to accommodate hunting and trapping after providing
78.25advance public notice. Research conducted by the university may not be limited unless
78.26mutually agreed by the commissioner and the University of Minnesota.
78.27 (d) Road maintenance within the wildlife management area shall be minimized, with
78.28the intent to abandon interior roads when no longer needed for traditional agriculture
78.29purposes.
78.30 (e) Money collected on leases from lands within the wildlife management area
78.31must be kept in a separate account and spent within the wildlife management area under
78.32direction of the representatives listed in paragraph (c). $200,000 of this money may be
78.33transferred to the commissioner of natural resources for a master planning process and
78.34resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision
78.356, in order to provide needed prairie and wetland restoration. The commissioner must work
79.1with affected officials from the University of Minnesota and Dakota County to complete
79.2these requirements and inform landowners and lessees about the planning process.
79.3 (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
79.4of Minnesota shall not provide payments in lieu of taxes for the lands described in
79.5paragraph (a).
79.6 Sec. 82. REPEALER.
79.7(a) Minnesota Statutes 2006, section 89A.11, is repealed.
79.8(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.
79.9EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007.
79.10Paragraph (b) of this section is effective the day following final enactment.