SF 935

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to waters; modifying authority for public
waters inventory; modifying public waters work permit
and water use permit provisions; modifying enforcement
authority; amending Minnesota Statutes 2004, sections
103G.201; 103G.2372, subdivision 1; 103G.245,
subdivision 4; 103G.251, subdivision 2; 103G.301,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 103G.201, is
amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall prepare a public waters
inventory map of each county that shows the waters of this state
that are designated as public waters under the public waters
inventory and classification procedures prescribed under Laws
1979, chapter 199. The public waters inventory map for each
county must be filed with the auditor of the county.

(b) The commissioner is authorized to revise the list of
public waters established under Laws 1979, chapter 199, to
reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter
199, as public waters or as wetlands under section 103G.005,
subdivision 19. The commissioner may only reclassify public
waters wetlands as public waters if:

(1) they are assigned a shoreland management classification
by the commissioner under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater
habitats according to Classification of Wetlands and Deepwater
Habitats of the United States (Cowardin, et al., 1979 edition);
or

(3) the state or federal government has become titleholder
to any of the beds or shores of the public waters wetlands,
subsequent to the preparation of the public waters inventory map
filed with the auditor of the county, pursuant to paragraph (a),
and the responsible state or federal agency declares that the
water is necessary for the purposes of the public ownership.

(c) The commissioner must provide notice of the
reclassification to the local government unit, the county board,
the watershed district, if one exists for the area, and the soil
and water conservation district. Within 60 days of receiving
notice from the commissioner, a party required to receive the
notice may provide a resolution stating objections to the
reclassification. If the commissioner receives an objection
from a party required to receive the notice, the
reclassification is not effective. If the commissioner does not
receive an objection from a party required to receive the
notice, the reclassification of a wetland under paragraph (b) is
effective 60 days after the notice is received by all of the
parties.

(d) The commissioner shall give priority to the
reclassification of public waters wetlands that are or have the
potential to be affected by public works projects.

new text begin (e) The commissioner may revise the public waters inventory
map and list of each county:
new text end

new text begin (1) to reflect the changes authorized in paragraph (b); and
new text end

new text begin (2) as needed, to:
new text end

new text begin (i) correct errors in the original inventory;
new text end

new text begin (ii) add or subtract trout stream tributaries within
sections that contain a designated trout stream following
written notice to the landowner;
new text end

new text begin (iii) add depleted mine pits, quarries, and sand and gravel
pits, when the body of water exceeds 50 acres and the shoreland
has been zoned for residential development; and
new text end

new text begin (iv) add or subtract public waters that have been created
or eliminated as a requirement of a permit authorized by the
commissioner under section 103G.245.
new text end

Sec. 2.

Minnesota Statutes 2004, section 103G.2372,
subdivision 1, is amended to read:

Subdivision 1.

Commissioner of natural resources.

new text begin (a)
new text end The commissioner of natural resources, conservation officers,
and peace officers shall enforce laws preserving and protecting
deleted text begin wetlands and public deleted text end waters new text begin of the state new text end . The commissioner of
natural resources, a conservation officer, or a peace officer
may issue a cease and desist order to stop any illegal activity
adversely affecting deleted text begin a wetland or public deleted text end waters new text begin of the state new text end .

new text begin (b) new text end In the order, or by separate order, the commissioner,
conservation officer, or peace officer may require restoration
or replacement of the wetland or public waters, as determined by
the local soil and water conservation district for wetlands and
the commissioner of natural resources for public waters.
Restoration or replacement orders may be recorded or filed in
the office of the county recorder or registrar of titles, as
appropriate, in the county where the real property is located by
the commissioner of natural resources, conservation officers, or
peace officers as a deed restriction on the property that runs
with the land and is binding on the owners, successors, and
assigns until the conditions of the order are met or the order
is rescinded. Notwithstanding section 386.77, the agency shall
pay the applicable filing fee for any document filed under this
section.

Sec. 3.

Minnesota Statutes 2004, section 103G.245,
subdivision 4, is amended to read:

Subd. 4.

Structures in or adjacent to public waters.

(a)
The following definitions apply to this subdivision:

(1) "boathouse" means a deleted text begin floating deleted text end structure new text begin or watercraft
new text end that is moored by spuds, cables, ropes, anchors, or chains that
may be intended for habitation and has walls, a roof, and either
an open well for boats or a floor from wall to wall and does not
include deleted text begin houseboats deleted text end new text begin watercraft that are designed and operated as
motorboats new text end ; and

(2) deleted text begin "houseboat" deleted text end new text begin "motorboat" new text end means a deleted text begin motorboat that has
either a pontoon or a flat-bottomed hull configuration, and a
permanent enclosed superstructure housing, at a minimum,
built-in sleeping, cooking, and toilet facilities deleted text end new text begin watercraft
that is designed for and is capable of navigation on the water
and that has an adequately sized external or internal mechanical
propulsion system for the type of watercraft new text end .

(b) The commissioner, subject to the approval of the county
board, may grant and prescribe terms and conditions for granting
public waters work permits to establish, construct, maintain,
and control wharves, docks, piers, levees, breakwaters, basins,
canals, and hangars in or adjacent to public waters of the
state, except within the corporate limits of a municipality.

(c) Boathouses are prohibited on public waters of
Minnesota, except as allowed by paragraph (d).

(d) The commissioner may issue a public waters work permit
for boathouses deleted text begin only deleted text end new text begin , when approved by the local governmental
unit and new text end :

(1) new text begin only new text end in areas of historic use for deleted text begin such deleted text end new text begin the new text end structures,
as determined by the commissioner new text begin , and where the boathouse was
in existence on public waters prior to January 1, 1997 new text end ; new text begin or
new text end

(2) deleted text begin when approved by the local government unit; and
deleted text end

deleted text begin (3) deleted text end where the boathouse deleted text begin is in existence on public waters
prior to January 1, 1997 deleted text end new text begin serves as a public service structure
within a permitted commercial marina new text end .

(e) A boathouse in existence on public waters prior to
January 1, 1997, may be repaired or replaced, provided that the
repairs or replacement are consistent with the permit issued by
the commissioner under paragraph (d).

Sec. 4.

Minnesota Statutes 2004, section 103G.251,
subdivision 2, is amended to read:

Subd. 2.

Findings and order.

(a) With or without a
public hearing, the commissioner may make findings and issue
orders related to activities being conducted without a permit
that affect waters of the state as otherwise authorized under
this chapter.

(b) A copy of the findings and order must be served on the
person to whom the order is issued.

(c) If the commissioner issues the findings and order
without a hearing, the person to whom the order is issued may
file a demand for a hearing with the commissioner. The demand
for a hearing must be accompanied by the bond as provided in
section 103G.311, subdivision 6, and the hearing must be held in
the same manner and with the same requirements as a hearing held
under section 103G.311, subdivision 5. The demand for a hearing
and bond must be filed by 30 days after the person is served
with a copy of the commissioner's order.

(d) The hearing must be conducted as a contested case
hearing under chapter 14.

(e) If the person to whom the order is addressed does not
demand a hearing or demands a hearing but fails to file the
required bond:

(1) the commissioner's order becomes final at the end of 30
days after the person is served with the order; and

(2) the person may not appeal the order.

new text begin (f) An order of the commissioner may be recorded or filed
by the commissioner in the office of the county recorder or
registrar of titles, as appropriate, in the county where the
real property is located as a deed restriction on the property
that runs with the land and is binding on the owners,
successors, and assigns until the conditions of the order are
met or the order is rescinded.
new text end

Sec. 5.

Minnesota Statutes 2004, section 103G.301,
subdivision 2, is amended to read:

Subd. 2.

Permit application fees.

(a) deleted text begin An application for
a permit authorized under this chapter, and each request to
amend or transfer an existing permit, must be accompanied by deleted text end A
permit application fee to defray the costs of receiving,
recording, and processing the application deleted text begin or request to amend or
transfer deleted text end new text begin must be paid for a permit authorized under this chapter
and for each request to amend or transfer an existing permit new text end .

(b) The fee to apply for a permit to appropriate water, a
permit to construct or repair a dam that is subject to dam
safety inspection, or a state general permit or to apply for the
state water bank program is $75. The application fee for a
permit to work in public waters or to divert waters for mining
must be at least $75, but not more than $500, according to a
schedule of fees adopted under section 16A.1285.