HF 3822

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:11pm

A bill for an act
relating to natural resources; modifying aquatic plant management permit
requirements; amending Minnesota Statutes 2014, section 103G.615,
subdivisions 3, 3a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 103G.615, subdivision 3, is amended to
read:

Subd. 3.

Permit standards.

The commissioner shall, by rule, 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 The commissioner must require that landowners
with shoreline on waters to be treated are notified at least 60 days before the issuance of a
permit for chemical control of aquatic plants, including invasive aquatic plants.
new text end

Sec. 2.

Minnesota Statutes 2014, section 103G.615, subdivision 3a, is amended to read:

Subd. 3a.

Invasive aquatic plant management permit.

(a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants to cause a significant reduction in the abundance of the invasive aquatic plant.

(b) The commissioner may waive the dated signature of approval requirement in rules
of the Department of Natural Resources for invasive aquatic plant management permits if
obtaining signatures would create an undue burden on the permittee or if the commissioner
determines that aquatic plant control is necessary to protect natural resources.

(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in
a local newspaper, a public meeting, or a mailing to the most recent permanent address
of affected landowners. The notification must be given annually and must include: the
proposed date of treatment, the target species, the method of control or product being
used, and instructions on how the landowner may request that control not occur adjacent
to the landowner's property. new text begin If the proposed control method is for chemical treatment,
notification must occur at least 60 days before treatment.
new text end

(d) The commissioner may allow dated signatures of approval obtained for an
invasive aquatic plant management permit to satisfy rules of the Department of Natural
Resources to remain valid for three years if property ownership remains unchanged.

Sec. 3.

Minnesota Statutes 2014, section 103G.615, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Chemical control; petition. new text end

new text begin A landowner notified of an aquatic
plant management permit for chemical control of an aquatic plant may petition the
commissioner to require alternative control methods to be used, including alternative
chemicals or mechanical controls, up to 30 days following the notification. Within 30 days
of receipt of the petition and before issuing or renewing the permit, the commissioner must
hold a public hearing and take public comments on the aquatic plant management permit
and the proposed and alternative control methods. The commissioner must consider the
alternative control methods and public comments received when determining whether to
issue, modify, or deny the permit application.
new text end