HF 1768

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing road 
  1.3             authorities to repair and maintain road affecting 
  1.4             public waters wetlands; amending Minnesota Statutes 
  1.5             1994, sections 103G.221, subdivision 1; and 103G.245, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 103G.221, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DRAINAGE OF PUBLIC WATERS WETLANDS 
  1.11  GENERALLY PROHIBITED WITHOUT REPLACEMENT.] Except as provided in 
  1.12  this subdivision and in subdivisions 2 and 3, public waters 
  1.13  wetlands may not be drained, and a permit authorizing drainage 
  1.14  of public waters wetlands may not be issued, unless the public 
  1.15  waters wetlands to be drained are replaced by wetlands that will 
  1.16  have equal or greater public value.  Road authorities may repair 
  1.17  and maintain roads within the road right-of-way, including 
  1.18  replacement of culverts, which result in drainage of public 
  1.19  waters wetlands without replacement of wetlands, provided the 
  1.20  public waters wetlands are not drained to a greater extent than 
  1.21  when the road was constructed or when the culvert was working.  
  1.22     Sec. 2.  Minnesota Statutes 1994, section 103G.245, 
  1.23  subdivision 2, is amended to read: 
  1.24     Subd. 2.  [EXCEPTIONS.] A public waters work permit is not 
  1.25  required for: 
  1.26     (1) work in altered natural watercourses that are part of 
  2.1   drainage systems established under chapter 103D or 103E if the 
  2.2   work in the waters is undertaken according to chapter 103D or 
  2.3   103E; or 
  2.4      (2) a drainage project for a drainage system established 
  2.5   under chapter 103E that does not substantially affect public 
  2.6   waters; or 
  2.7      (3) maintenance or repair of a road within the road 
  2.8   right-of-way, including replacement of culverts, by a road 
  2.9   authority provided the public waters are not drained to a 
  2.10  greater extent than when the road was constructed or when the 
  2.11  culvert was working.  
  2.12     Sec. 3.  [EFFECTIVE DATE.] 
  2.13     This act is effective the day after final enactment.