HF 3733

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying enforcement 
  1.3             procedures and penalties for work performed on public 
  1.4             waters wetlands; providing criminal penalties; 
  1.5             amending Minnesota Statutes 1996, section 103G.141, 
  1.6             subdivision 1; and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 103G.141, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [MISDEMEANORS.] Except as provided in 
  1.11  subdivision subdivisions 2 and 3, a person is guilty of a 
  1.12  misdemeanor who: 
  1.13     (1) undertakes or procures another to undertake an 
  1.14  alteration in the course, current, or cross section of public 
  1.15  waters or appropriates waters of the state without previously 
  1.16  obtaining a permit from the commissioner, regardless of whether 
  1.17  the commissioner would have granted a permit had an application 
  1.18  been filed; 
  1.19     (2) undertakes or procures another to undertake an 
  1.20  alteration in the course, current, or cross section of public 
  1.21  waters or appropriates waters of the state in violation of or in 
  1.22  excess of authority granted under a permit issued by the 
  1.23  commissioner, regardless of whether an application had been 
  1.24  filed for permission to perform the act involved or whether the 
  1.25  act involved would have been permitted had a proper application 
  1.26  been filed; 
  2.1      (3) undertakes or procures another to undertake an 
  2.2   alteration in the course, current, or cross section of public 
  2.3   waters or appropriates waters of the state after a permit to 
  2.4   undertake the project has been denied by the commissioner; or 
  2.5      (4) violates a provision of this chapter.  
  2.6      Sec. 2.  Minnesota Statutes 1996, section 103G.141, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 3.  [PUBLIC WATERS WETLANDS.] (a) Notwithstanding 
  2.9   section 103G.241, this subdivision provides the exclusive 
  2.10  procedure and penalties for the enforcement of the laws of this 
  2.11  state relating to work performed on public waters wetlands. 
  2.12     (b) The commissioner, a conservation officer, or a peace 
  2.13  officer may issue a cease and desist order to stop any illegal 
  2.14  activity affecting a public waters wetland, as defined in 
  2.15  section 103G.005, subdivision 15a.  In the order, or by separate 
  2.16  order, the commissioner, conservation officer, or peace officer 
  2.17  may require restoration or replacement of the wetland, as 
  2.18  determined by the local soil and water conservation district. 
  2.19     (c) A violation of an order issued under paragraph (b) is a 
  2.20  misdemeanor and must be prosecuted by the county attorney where 
  2.21  the wetland is located or the illegal activity occurred, as 
  2.22  provided in section 103G.105, subdivision 2. 
  2.23     (d) The court may, as part of sentencing of any person 
  2.24  convicted of a violation of paragraph (c), require the person to 
  2.25  restore or replace the wetland, as determined by the local soil 
  2.26  and water conservation district.