HF 2855

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to water; extending expiration of shoreland 
  1.3             protection program; providing for establishment of 
  1.4             water level controls for public waters with an outlet; 
  1.5             amending Minnesota Statutes 2002, section 103F.225, 
  1.6             subdivision 5; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 103G. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 103F.225, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [EXPIRATION.] This section expires June 30, 2004 
  1.12  2008. 
  1.13     [EFFECTIVE DATE.] This section is effective June 30, 2004. 
  1.14     Sec. 2.  [103G.407] [WATER LEVEL CONTROLS FOR PUBLIC WATERS 
  1.15  WITH AN OUTLET.] 
  1.16     (a) The commissioner, upon due consideration of 
  1.17  recommendations and objections as provided in paragraph (c), may 
  1.18  issue a public waters work permit to establish a control 
  1.19  elevation for a public water with an outlet that is different 
  1.20  than any previously existing or established control level when: 
  1.21     (1) all of the property abutting the ordinary high water 
  1.22  mark of the public water is in public ownership or the public 
  1.23  entity has obtained permanent flowage easements; and 
  1.24     (2) the commissioner finds that the proposed change in the 
  1.25  control level is in the public interest and causes minimal 
  1.26  adverse environmental impact.  
  2.1      (b) In addition to the requirements in section 103G.301, 
  2.2   subdivision 6, if the proposed control elevation differs from 
  2.3   any historical control level, the permit applicant shall serve a 
  2.4   copy of the application on each county and municipality within 
  2.5   which any portion of the lake is located and on the lake 
  2.6   improvement district, if one exists. 
  2.7      (c) A county, municipality, watershed district, or lake 
  2.8   improvement district required to be served under paragraph (b) 
  2.9   or section 103G.301, subdivision 6, may file a written 
  2.10  recommendation for the issuance of the permit or an objection to 
  2.11  the issuance of the permit with the commissioner within 30 days 
  2.12  after receiving a copy of the application.