HF 3389

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 04:23pm

A bill for an act
relating to natural resources; requiring reporting of subsurface drain tile installation
and modification; proposing coding for new law in Minnesota Statutes, chapter
103F.

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

Section 1.

new text begin [103F.49] DRAIN TILE REPORTING REQUIRED.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Board" means the Board of Water and Soil Resources.
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new text begin (c) "Drain tile" means a system of tile, corrugated plastic tubing, pipe, or other conduit
installed beneath the ground surface on private or public land to collect and convey water.
new text end

new text begin (d) "Modification" means an act to enlarge, extend, deepen, reline, improve, replace, or
otherwise intentionally alter existing drain tile. Modification does not mean the repair or
regular maintenance of existing drain tile.
new text end

new text begin Subd. 2. new text end

new text begin Landowner reporting required. new text end

new text begin A landowner must report to the local soil
and water conservation district any installation or modification of drain tile on the landowner's
property by December 31 of the year of installation or modification. The landowner must
report in the manner required by the district and provide all information required by the
board, including but not limited to the following for each drain tile installation or modification
project, when applicable:
new text end

new text begin (1) the project location, type, and date;
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new text begin (2) tile material and type;
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new text begin (3) a project map that is accurate to scale and identifies the location of drain tile, including
all outlets and control structures, and the drainage water flow path for the first mile
downstream of the project;
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new text begin (4) the subsurface area drained by the project, in acres;
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new text begin (5) the diameter of all drain tile lines, including mains and individual laterals;
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new text begin (6) the design flow at each outlet in cubic feet per second;
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new text begin (7) the drainage coefficient in inches per day;
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new text begin (8) riprap or other erosion control measures employed at each outlet; and
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new text begin (9) for a modification project, the project's anticipated impact on clauses (4) to (8).
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new text begin Subd. 3. new text end

new text begin District reporting. new text end

new text begin At least annually and in the manner required by the board,
each soil and water conservation district must report to the board the information submitted
by landowners under subdivision 2.
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new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin If the board or a soil and water conservation district determines
a landowner is not in compliance with this section, the district must notify the landowner
and attempt to obtain compliance. If the district's efforts are not successful, the district must
issue the landowner a written notice of warning and notify the board, and the board may
issue penalty orders under section 103B.101, subdivision 12.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to drain tile
installation or modification projects that begin on or after that date.
new text end