HF 3372

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying provisions relating to permits for aquatic
plants; amending Minnesota Statutes 2004, section 103G.615, subdivision 3,
by adding subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 103G.615, subdivision 3, is amended to
read:

Subd. 3.

Permit standards.

new text begin (a) new text end The commissioner shall deleted text begin , by rule, deleted text end prescribe standards
to issue and deny permits under this section. The standards must ensure that aquatic plant
control is consistent with shoreland conservation ordinances, lake management plans and
programs, and wild and scenic river plans.

new text begin (b) On all public waters, a permit request for the control of submerged vegetation for
up to 100 feet of shoreline per individual riparian property owner must be granted. Permit
requests must be granted for up to 15 percent of a water basin's total littoral area. No
permit is required on waters of less than ten acres that have no continuous flowing outlets.
new text end

new text begin (c) Aquatic plant management permits are allowed for any of the following purposes:
new text end

new text begin (1) recreation;
new text end

new text begin (2) public safety;
new text end

new text begin (3) esthetics;
new text end

new text begin (4) drainage; and
new text end

new text begin (5) ecological health.
new text end

Sec. 2.

Minnesota Statutes 2004, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Permit decisions. new text end

new text begin The commissioner must approve or deny a permit
application for aquatic plant control within 15 business days of receipt of the application.
Failure to issue or deny a permit within this time constitutes a default approval to proceed.
new text end

Sec. 3.

Minnesota Statutes 2004, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Invasive species permits. new text end

new text begin Permit requests for control of aquatic nonnative
invasive species shall be granted by the commissioner without littoral area limits.
new text end

Sec. 4.

Minnesota Statutes 2004, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3c. new text end

new text begin Pesticide control. new text end

new text begin If pesticides were allowed by a permit prior to 1976
to control aquatic plants for 15 percent or more of the littoral area of a lake, the permit
remains in effect.
new text end

Sec. 5.

Minnesota Statutes 2004, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3d. new text end

new text begin Permit denial review. new text end

new text begin A person may appeal the denial of an aquatic
plant control permit within 15 days of denial by submitting a request to a review panel
consisting of a professional employee of the local soil and water conservation district,
a technical professional with expertise in water resource management appointed by the
local government unit, and a technical professional with expertise in aquatic plant control
appointed by the local government unit. The review panel must make an on-site inspection
of the proposed permit area and, along with the facts presented in the permit application
and commissioner's decision, make a final decision on the permit.
new text end

Sec. 6.

Minnesota Statutes 2004, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Mechanical devices. new text end

new text begin An automated untended aquatic plant control device
may be used by a person without a permit if:
new text end

new text begin (1) the area controlled does not exceed 2,500 square feet, except that a boat channel
extending to open water and not exceeding 15 feet in width may be maintained; and
new text end

new text begin (2) silt disturbed by the mechanical device is less than three inches deep.
new text end

Sec. 7. new text begin RULEMAKING PROHIBITED.
new text end

new text begin Beginning March 1, 2006, the commissioner of natural resources shall not adopt
changes to Minnesota Rules, chapter 6280, except in conformance with this act.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end