HF 3576

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             relating to aquatic plant control permits; eliminating 
  1.4             the maximum fee for an aquatic plant control permit; 
  1.5             amending Minnesota Statutes 2000, section 103G.615, 
  1.6             subdivisions 2, 3, by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 103G.615, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
  1.11  fee schedule for permits to harvest aquatic plants other than 
  1.12  wild rice, by order, after holding a public hearing rule.  The 
  1.13  fees may not exceed $200 per permit must be based upon the cost 
  1.14  of receiving, processing, analyzing, and issuing the permit, and 
  1.15  additional costs incurred after the application to inspect and 
  1.16  monitor the activities authorized by the permit. 
  1.17     (b) The fee for a permit for chemical treatment of rooted 
  1.18  aquatic vegetation may not exceed $20 for each contiguous parcel 
  1.19  of shoreline owned by an owner.  This fee may not be charged for 
  1.20  permits issued in connection with lakewide Eurasian water 
  1.21  milfoil control programs. 
  1.22     (c) A fee may not be charged to the state or a federal 
  1.23  governmental agency applying for a permit. 
  1.24     (d) The money received for the permits under this 
  1.25  subdivision shall be deposited in the treasury and credited to 
  1.26  the game and fish fund.  
  2.1      Sec. 2.  Minnesota Statutes 2000, section 103G.615, 
  2.2   subdivision 3, is amended to read: 
  2.3      Subd. 3.  [PERMIT STANDARDS.] (a) The commissioner shall, 
  2.4   by rule, prescribe standards to issue and deny permits under 
  2.5   this section.  The standards must ensure that aquatic plant 
  2.6   control is consistent with shoreland conservation ordinances, 
  2.7   lake management plans and programs, and wild and scenic river 
  2.8   plans.  
  2.9      (b) The commissioner shall not issue a permit for pesticide 
  2.10  treatment below the ordinary high water level of public waters, 
  2.11  unless the commissioner determines that nonpesticide options 
  2.12  will not be effective and that the permittee will minimize the 
  2.13  impact from the pesticide application. 
  2.14     Sec. 3.  Minnesota Statutes 2000, section 103G.615, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 4.  [FIELD INSPECTIONS.] Before the commissioner 
  2.17  issues a new permit for aquatic plant control by mechanical or 
  2.18  pesticide treatment means, the commissioner must conduct a field 
  2.19  inspection of the site to be treated.  Field inspection of other 
  2.20  previously permitted areas must be conducted at intervals, 
  2.21  determined by the commissioner, to evaluate conditions and the 
  2.22  need for continued control measures. 
  2.23     Sec. 4.  Minnesota Statutes 2000, section 103G.615, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 5.  [WARNING SIGNS FOR PESTICIDE APPLICATION.] (a) A 
  2.26  person who applies pesticides below the ordinary low water level 
  2.27  of public waters must post or affix warning signs on the 
  2.28  shoreland adjacent to where the pesticides are applied. 
  2.29     (b) A warning sign must project at least 18 inches above 
  2.30  the top of the grass or vegetation in which it is placed.  A 
  2.31  warning sign must be of a material that is rain-resistant for at 
  2.32  least a 96-hour period and must be posted 48 hours prior to 
  2.33  initial application and remain in place for 48 hours after the 
  2.34  time of initial application. 
  2.35     (c) The following information must be printed on a warning 
  2.36  sign in contrasting colors and capitalized letters measuring at 
  3.1   least one-half inch, or in another format approved by the 
  3.2   commissioner.  The sign must display: 
  3.3      (1) the name of the business organization, entity, or 
  3.4   person applying the pesticide; and 
  3.5      (2) the following language:  "This area chemically treated. 
  3.6   Keep children and pets out until ... (date of safe entry) ..." 
  3.7   or a universally accepted symbol and text approved by the 
  3.8   commissioner that is recognized as having the same meaning or 
  3.9   intent as specified in this clause.  A warning sign may include 
  3.10  the name of the pesticide used. 
  3.11     (d) A warning sign must be posted on the adjacent shoreland 
  3.12  between two feet and five feet from the shoreline. 
  3.13     Sec. 5.  [PERMIT FEE CHANGES.] 
  3.14     Notwithstanding Minnesota Statutes, section 16A.1283, by 
  3.15  March 1, 2003, the commissioner of natural resources shall amend 
  3.16  the fee schedule authorized in section 1 to remove the maximum 
  3.17  permit fee of $200.  The fee changes shall apply to all permits 
  3.18  issued after February 28, 2003.