HF 2539

as introduced - 87th Legislature (2011 - 2012) Posted on 02/27/2012 01:10pm

A bill for an act
relating to natural resources; modifying the exemption from the Wetland
Conservation Act for agricultural land subject to certain federal requirements;
amending Minnesota Statutes 2010, section 103G.2241, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
read:

Subdivision 1.

Agricultural activities.

A replacement plan for wetlands is not
required for:

(1) activities in a wetland that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grass or legumes, or was required to be set aside to receive
price support or other payments under United States Code, title 7, sections 1421 to 1469,
in six of the last ten years prior to January 1, 1991;

(2) activities in a type 1 wetland on agricultural pasture land that remains in the
same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
or type 6 wetland that is less than two acres in size and located on agricultural pasture
land that remains in the same use;

(3) activities in a wetland conducted as part of normal farming practices. For
purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
and ranching activities such as plowing, seeding, cultivating, and harvesting for the
production of feed, food, and fiber products, but does not include activities that result in
the draining of wetlands;

(4) soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;

(5) aquaculture activities including pond excavation and construction and
maintenance of associated access roads and dikes authorized under, and conducted in
accordance with, a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
but not including construction or expansion of buildings;

(6) wild rice production activities, including necessary diking and other activities
authorized under a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or

(7) agricultural activities on agricultural land that is subject to federal farm program
restrictions deleted text begin that meet minimum state standards under this chapter and sections 103A.202
and 103B.3355 and that have been approved by the Board of Water and Soil Resources,
the commissioners of natural resources and agriculture, and the Pollution Control Agency deleted text end new text begin
under United States Code, title 16, section 3821 new text end .