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HF 2252

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 11:14am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to water; modifying public water inventory revision process; amending
Minnesota Statutes 2020, section 103G.201.

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

Section 1.

Minnesota Statutes 2020, section 103G.201, is amended to read:


103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter 199,
and deleted text beginshalldeleted text endnew text begin mustnew text end provide access to a copy of the maps. As county public waters inventory
maps are revised according to this section, the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end send a notification
or a copy of the maps to the auditor of each affected county.

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

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

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

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

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

(d) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

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

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

(2) as needed, to:

(i) correct errors in the original inventory;

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

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

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