SF 1110

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to natural resources; modifying wild rice season; modifying certain
definitions; modifying state park permit requirements; modifying authority to
establish secondary units; eliminating liquor service at John A. Latsch State
Park; providing for establishment of boater waysides; modifying watercraft
operation requirements; providing for appeals and enforcement of certain civil
penalties; providing for taking wild animals to protect public safety; modifying
Board of Water and Soil Resources membership; modifying local water
program; modifying Reinvest in Minnesota Resources Law; modifying certain
easement authority; providing for notice of changes to public waters inventory;
modifying critical habitat plate eligibility; modifying cost-share program;
modifying conditions for temporary drawdown of public waters; providing
certain exemptions from local ordinances; approving the consumptive use of
water for certain uses; authorizing expedited rulemaking; requiring rulemaking;
amending Minnesota Statutes 2008, sections 84.027, subdivision 13; 84.105;
84.66, subdivision 2; 85.053, subdivision 3; 85.054, by adding subdivisions;
86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1;
86B.311, by adding a subdivision; 97A.137, by adding a subdivision; 97A.321;
103B.101, subdivisions 1, 2; 103B.3369, subdivision 5; 103C.501, subdivisions
2, 4, 5, 6; 103F.505; 103F.511, subdivisions 5, 8a, by adding a subdivision;
103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 1; 103F.525;
103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 168.1296, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 97B; 103G;
repealing Minnesota Statutes 2008, sections 84.02; 85.0505, subdivision 2;
103F.511, subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts
8400.3000; 8400.3030; 8400.3060; 8400.3110; 8400.3130; 8400.3160;
8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300; 8400.3330;
8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530;
8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730;
8400.3800; 8400.3830; 8400.3870; 8400.3930.

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

Section 1.

Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read:

Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, new text begin to open or close bodies of water or portions of bodies of water for night bow
fishing, new text end and to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision
by submitting the rule to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule with the secretary of state and
the Legislative Coordinating Commission, and complying with section 97A.0459, and
including a statement of the emergency conditions and a copy of the rule in the notice. new text begin The
emergency conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. new text end The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
adopted.

Sec. 2.

Minnesota Statutes 2008, section 84.105, is amended to read:

84.105 WILD RICE SEASON.

Ripe wild rice may be harvested from deleted text begin July deleted text end new text begin August new text end 15 to September 30.

Sec. 3.

Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For the purpose of this section, the following terms have
the meanings given:

(1) "forest land" has the meaning given under section 89.001, subdivision 4;

(2) "forest resources" has the meaning given under section 89.001, subdivision 8;

(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;

(4) "riparian land" has the meaning given under section 103F.511, subdivision deleted text begin 8a deleted text end new text begin
8b new text end ; and

(5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.

Sec. 4.

Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Second vehicle deleted text end new text begin Multiple-vehicle new text end permits.

The commissioner shall
prescribe and issue deleted text begin second vehicle deleted text end new text begin multiple-vehicle new text end state park permits for persons who
own more than one motor vehicle and who request deleted text begin a second deleted text end new text begin the new text end permit for deleted text begin the second
vehicle deleted text end new text begin additional vehicles new text end on a form prescribed by the commissioner. deleted text begin The commissioner
may issue an applicant only one second vehicle permit.
deleted text end

Sec. 5.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin John A. Latsch State Park. new text end

new text begin A state park permit is not required and a fee
may not be charged for motor vehicle entry or parking at the parking lot located adjacent
to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.
new text end

Sec. 6.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Greenleaf Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Greenleaf
Lake State Recreation Area.
new text end

Sec. 7.

Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin School-sanctioned activities. new text end

new text begin A state park permit is not required and a
fee may not be charged for vehicles transporting K-12 students engaged in school district
sanctioned activities at state parks.
new text end

Sec. 8.

Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin State boater wayside. new text end

new text begin (a) Boater waysides may be established to provide
for public use.
new text end

new text begin (b) No unit shall be authorized as a state boater wayside unless its proposed location
substantially satisfies the following criteria:
new text end

new text begin (1) contains resources that are desirable for use by boaters;
new text end

new text begin (2) is accessible by persons traveling by boat, canoe, or kayak; and
new text end

new text begin (3) may be near, associated with, or located within a unit of the outdoor recreation
system under this section.
new text end

new text begin (c) State boater waysides shall be administered by the commissioner of natural
resources in a manner that is consistent with the purpose of this subdivision. Facilities
for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be
provided when the commissioner determines that these activities are justifiable and
compatible with the resources and the natural environment.
new text end

Sec. 9.

Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:

Subdivision 1.

Secondary authorization; when permitted.

A unit of the outdoor
recreation system may be authorized wholly or partially within the boundaries of another
unit only when the authorization is consistent with the purposes and objectives of the
respective units deleted text begin and only in the instances permitted below:
deleted text end

deleted text begin (a) The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and recreational
river, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (b) The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and recreational river,
trail, rest area, aquatic management area, wildlife management area, and water access site.
deleted text end

deleted text begin (c) The following units may be authorized wholly or partially within a state forest:
state park, state recreation area, historic site, wildlife management area, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
deleted text end

deleted text begin (d) The following units may be authorized wholly or partially within a state historic
site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and
water access site.
deleted text end

deleted text begin (e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access site and aquatic management area.
deleted text end

deleted text begin (f) The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and natural area, wilderness
area, trail, rest area, aquatic management area, and water access site.
deleted text end

deleted text begin (g) The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river, aquatic management area,
and water access site.
deleted text end

deleted text begin (h) The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and recreational
river, and water access site deleted text end .

Sec. 10.

Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:

Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for water access sites, for
aquatic management areas, deleted text begin or deleted text end for rest areas new text begin , or for boater waysides new text end .

Sec. 11.

Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Law enforcement watercraft displaying emergency lights. new text end

new text begin When
approaching and passing a law enforcement watercraft with its emergency lights
activated, the operator of a watercraft must safely move the watercraft away from the law
enforcement watercraft and maintain a slow-no wake speed while within 150 feet of
the law enforcement watercraft.
new text end

Sec. 12.

Minnesota Statutes 2008, section 97A.137, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Exemption from certain local ordinances. new text end

new text begin (a) Wildlife management
areas that are established according to section 86A.05, subdivision 8; designated under
section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local
ordinances that limit the use and management of the unit as authorized by state law.
new text end

new text begin (b) Wildlife management areas that are established according to section 86A.05,
subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous
acres and less than 160 contiguous acres are exempt from local ordinances that:
new text end

new text begin (1) restrict trapping;
new text end

new text begin (2) restrict the discharge of archery equipment;
new text end

new text begin (3) restrict the discharge of shotguns with shot sizes of number four buckshot or
smaller diameter shot;
new text end

new text begin (4) restrict noise;
new text end

new text begin (5) require dogs on a leash; or
new text end

new text begin (6) would in any manner restrict the management of the unit as authorized by
state law.
new text end

Sec. 13.

Minnesota Statutes 2008, section 97A.321, is amended to read:

97A.321 DOGS PURSUING OR KILLING BIG GAME.

new text begin Subdivision 1. new text end

new text begin Owner responsibility; penalty amount. new text end

The owner of a dog that
pursues but does not kill a big game animal is subject to a civil penalty of $100 for each
violation. The owner of a dog that kills a big game animal is subject to a civil penalty of
$500 for each violation.

new text begin Subd. 2. new text end

new text begin Appeals. new text end

new text begin Civil penalties under this section may be appealed according to
procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying
the commissioner in writing within 15 days after receipt of the citation. If a hearing
is not requested within the 15-day period, the civil penalty becomes a final order not
subject to further review.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin Civil penalties under this section may be enforced according
to section 116.072, subdivisions 9 and 10.
new text end

new text begin Subd. 4. new text end

new text begin Payment of penalty. new text end

new text begin Penalty amounts shall be remitted to the
commissioner within 30 days of issuance of the penalty notice and shall be deposited in
the game and fish fund.
new text end

Sec. 14.

new text begin [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.
new text end

new text begin A licensed peace officer may, at any time, take a protected wild animal that is posing
an immediate threat to public safety. A peace officer who destroys a protected wild animal
under this section must report the taking to a conservation officer as soon as practicable,
but no later than 48 hours after the animal is destroyed.
new text end

Sec. 15.

Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The Board of Water and Soil Resources is composed
of deleted text begin 12 deleted text end new text begin 15 appointed new text end members knowledgeable of water and soil problems and conditions
within the state and five ex officio members.

Sec. 16.

Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:

Subd. 2.

Voting members.

(a) The members are:

(1) three county commissioners;

(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of,
a governmental office, board, or agency;

new text begin (5) one township officer;
new text end

new text begin (6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section 473.121, subdivision 2;
new text end

deleted text begin (5) deleted text end new text begin (7) new text end the commissioner of agriculture;

deleted text begin (6) deleted text end new text begin (8) new text end the commissioner of health;

deleted text begin (7) deleted text end new text begin (9) new text end the commissioner of natural resources;

deleted text begin (8) deleted text end new text begin (10) new text end the commissioner of the Pollution Control Agency; and

deleted text begin (9) deleted text end new text begin (11) new text end the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end , must be distributed across
the state with at least deleted text begin three deleted text end new text begin four new text end members but not more than deleted text begin five deleted text end new text begin six new text end members from the
metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the
current soil and water conservation administrative regions.

(c) Members in paragraph (a), clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end , are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties, new text begin the Minnesota Association of Townships, the
League of Minnesota Cities, new text end the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of
vacancies on the board for members in paragraph (a), clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end , are as provided
in section 15.0575.

Sec. 17.

Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to
read:

Subd. 5.

Financial assistance.

A base grant may be awarded to a county that deleted text begin levies deleted text end new text begin
provides a match utilizing a water implementation tax or other local source. new text end A water
implementation tax new text begin that a county intends to use as a match to the base grant must be levied new text end
at a rate deleted text begin , which shall be deleted text end determined by the board. The minimum amount of the water
implementation tax shall be a tax rate times the adjusted net tax capacity of the county for
the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent,
that, when applied to the adjusted net tax capacity for all counties, raises the amount of
$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised
by deleted text begin that levy deleted text end new text begin the local match new text end . If the amount necessary to implement the local water plan for
the county is less than $37,500, the amount of the base grant shall be the amount that,
when added to the deleted text begin levy deleted text end new text begin match new text end amount, equals the amount required to implement the plan.
For counties where the tax rate generates an amount equal to or greater than $18,750, the
base grant shall be in an amount equal to $18,750.

Sec. 18.

Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read:

Subd. 2.

Request by district board.

deleted text begin (a) deleted text end A district board requesting funds of the
state board must submit an application in a form prescribed by the board containing:

(1) a comprehensive plan;

(2) an annual work plan; and

(3) an application for cost-sharing funds.

deleted text begin (b) The comprehensive and annual work plans must be completed as provided in
section 103C.331, subdivision 11. After review of the district's comprehensive plan, the
state board must approve the comprehensive plan with necessary amendments or reject
the plan.
deleted text end

Sec. 19.

Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:

Subd. 4.

Cost-sharing funds.

(a) The state board shall allocate at least 70 percent
of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problems new text begin or water quantity problems due to altered hydrology new text end . The areas must be
selected based on the statewide priorities established by the state board. The allocated
funds must be used for conservation practices for high priority problems identified in the
comprehensive and annual work plans of the districts.

(b) The remaining cost-sharing funds may be allocated to districts as follows:

(1) for technical and administrative assistance, not more than 20 percent of the
funds; and

(2) for conservation practices for lower priority erosion, sedimentation, or water
quality problems.

Sec. 20.

Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:

Subd. 5.

Contracts by districts.

(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality deleted text begin improvement deleted text end new text begin or water quantity
improvements new text end that are consistent with the district's comprehensive and annual work plans.

(b) The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.

(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.

(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.

(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that maintenance be made a covenant upon
the land for the effective life of the practice. A covenant under this subdivision shall be
construed in the same manner as a conservation restriction under section 84.65.

Sec. 21.

Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:

Subd. 6.

new text begin Policies and new text end rules.

(a) The state board new text begin may adopt rules and new text end shall adopt
deleted text begin rules deleted text end new text begin policies new text end prescribing:

(1) procedures and criteria for allocating funds for cost-sharing contracts;

(2) standards and guidelines for cost-sharing contracts;

(3) the scope and content of district comprehensive plans, plan amendments, and
annual work plans;

(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problems new text begin and water quantity problems due to altered hydrology new text end ;

(5) the share of the cost of conservation practices to be paid from cost-sharing
funds; and

(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority deleted text begin erosion deleted text end problems.

(b) The rules may provide that cost-sharing may be used for deleted text begin farmstead deleted text end windbreaks
and shelterbelts for the purposes of energy conservation and snow protection.

new text begin (c) The board may establish alternative practices to those defined in section 84.02
for restoration or establishment of native prairie, grasslands, shorelands, riparian buffers,
or wetlands based on soil type, seed availability, adjacent land uses, project or practice
purpose, or other site-specific factors.
new text end

Sec. 22.

Minnesota Statutes 2008, section 103F.505, is amended to read:

103F.505 PURPOSE AND POLICY.

It is the purpose of sections 103F.505 to 103F.531 to deleted text begin keep deleted text end new text begin restore new text end certain marginal
agricultural land deleted text begin out of crop production deleted text end new text begin and protect environmentally sensitive areas new text end to
deleted text begin protect deleted text end new text begin enhance new text end soil and water quality new text begin , minimize damage to flood-prone areas, sequester
carbon, new text end and support new text begin native plant, new text end fish new text begin , new text end and wildlife deleted text begin habitat deleted text end new text begin habitats new text end . It is state policy to
encourage the new text begin restoration of wetlands and riparian lands and promote the new text end retirement of
marginal, highly erodible land, particularly land adjacent to public waters, drainage
systems, wetlands, and locally designated priority waters deleted text begin , from crop production and to
reestablish a cover of perennial vegetation deleted text end .

Sec. 23.

Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:

Subd. 5.

Drained wetland.

"Drained wetland" means a former natural wetland that
has been altered by draining, dredging, filling, leveling, or other manipulation sufficient
to render the land suitable for agricultural crop production. deleted text begin The alteration must have
occurred before December 23, 1985, and must be a legal alteration as determined by the
commissioner of natural resources.
deleted text end

Sec. 24.

Minnesota Statutes 2008, section 103F.511, is amended by adding a
subdivision to read:

new text begin Subd. 8a. new text end

new text begin Reinvest in Minnesota reserve program. new text end

new text begin "Reinvest in Minnesota
reserve program" means the program established under section 103F.515.
new text end

Sec. 25.

Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:

Subd. deleted text begin 8a deleted text end new text begin 8b new text end .

Riparian land.

"Riparian land" means lands adjacent to public
waters, drainage systems, wetlands, or locally designated priority waters deleted text begin identified in a
comprehensive local water plan, as defined in section 103B.3363, subdivision 3 deleted text end .

Sec. 26.

Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:

Subdivision 1.

Establishment of program.

The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish
and administer deleted text begin a conservation deleted text end new text begin the reinvest in Minnesota new text end reserve program. The board
shall implement sections 103F.505 to 103F.531. Selection of land for the deleted text begin conservation deleted text end new text begin
reinvest in Minnesota new text end reserve program must be based on its new text begin enhancement new text end potential for
fish deleted text begin and deleted text end new text begin , new text end wildlife deleted text begin production deleted text end new text begin , and native plant habitats new text end , reducing erosion, and protecting
water quality.

Sec. 27.

Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:

Subd. 2.

Eligible land.

(a) Land may be placed in the deleted text begin conservation deleted text end new text begin reinvest in
Minnesota new text end reserve program if the land meets the requirements of paragraphs (b) and (c).

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

(4) is land that with a windbreak new text begin or water quality improvement practice new text end would be
beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or

(10) is land deleted text begin on a hillside deleted text end used for pasture.

(c) Eligible land under paragraph (a) must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;

(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, or abandoned building site, or be a whole field deleted text begin as defined by the
United States Agricultural Stabilization and Conservation Services deleted text end ;

(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the deleted text begin conservation deleted text end new text begin reinvest in Minnesota new text end reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and

(4) have been in agricultural crop production for at least two of the last five
years before the date of application new text begin , new text end except drained wetlands, riparian lands, woodlots,
abandoned building sites, new text begin environmentally sensitive areas, new text end or land deleted text begin on a hillside deleted text end used
for pasture.

(d) deleted text begin In selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985.
deleted text end

deleted text begin (e) deleted text end In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.

Sec. 28.

Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:

Subd. 4.

Nature of property rights acquired.

(a) A conservation easement must
prohibit:

(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;

(2) agricultural crop production new text begin and livestock grazing new text end , unless specifically approved
by the board for deleted text begin wildlife deleted text end new text begin conservation new text end management purposes; new text begin and
new text end

(3) deleted text begin grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end

deleted text begin (4) deleted text end spraying with chemicals or mowing, except as necessary to comply with noxious
weed control laws deleted text begin or deleted text end new text begin , for new text end emergency control of pests necessary to protect public health new text begin , or
as approved by the board for conservation management purposes new text end .

(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.

(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.

Sec. 29.

Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:

Subd. 5.

Agreements by landowner.

The board may enroll eligible land in the
deleted text begin conservation deleted text end new text begin reinvest in Minnesota new text end reserve program by signing an agreement in recordable
form with a landowner in which the landowner agrees:

(1) to convey to the state a conservation easement that is not subject to any prior
title, lien, or encumbrance;

(2) to seed the land subject to the conservation easement, as specified in the
agreement, to establish and maintain perennial cover of either a grass-legume mixture or
native grasses for the term of the easement, at seeding rates determined by the board; or
to plant trees or carry out other long-term capital improvements approved by the board
for soil and water conservation or wildlife management;

(3) to convey to the state a permanent easement for the wetland restoration;

(4) that other land supporting natural vegetation owned or leased as part of the
same farm operation at the time of application, if it supports natural vegetation deleted text begin or deleted text end new text begin and new text end
has not been used in agricultural crop production, will not be converted to agricultural
crop production or pasture; and

(5) that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources
if they determine that the changes effectuate the purpose of the program or facilitate
its administration.

Sec. 30.

Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:

Subd. 6.

Payments for conservation easements and establishment of deleted text begin cover deleted text end new text begin
conservation practices new text end .

(a) The board deleted text begin must make the following deleted text end new text begin shall establish rates
for new text end payments to the landowner for the conservation easement and deleted text begin agreement: deleted text end new text begin related
practices. The board shall consider market factors, including the township average
equalized estimated market value of property as established by the commissioner of
revenue at the time of easement application.
new text end

deleted text begin (1) to establish the perennial cover or other improvements required by the agreement:
deleted text end

deleted text begin (i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost
not to exceed $125 per acre for limited duration easements and 100 percent of the total
eligible cost not to exceed $150 per acre for perpetual easements;
deleted text end

deleted text begin (ii) for native species restoration, 75 percent of the total eligible cost not to exceed
$200 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $300 per acre for perpetual easements; and
deleted text end

deleted text begin (iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600
per acre;
deleted text end

deleted text begin (2) for the cost of planting trees required by the agreement, up to 75 percent of the
total eligible cost not to exceed $250 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
deleted text end

deleted text begin (3) for a permanent easement, 70 percent of the township average equalized
estimated market value of agricultural property as established by the commissioner of
revenue at the time of easement application;
deleted text end

deleted text begin (4) for an easement of limited duration, 90 percent of the present value of the
average of the accepted bids for the federal conservation reserve program, as contained in
Public Law 99-198, in the relevant geographic area and on bids accepted at the time of
easement application; or
deleted text end

deleted text begin (5) an alternative payment system for easements based on cash rent or a similar
system as may be determined by the board.
deleted text end

deleted text begin (b) For hillside pasture conservation easements, the payments to the landowner in
paragraph (a) for the conservation easement and agreement must be reduced to reflect the
value of similar property.
deleted text end

new text begin (b) The board may establish alternative practices to those defined in section 84.02 for
restoration of native prairie, grasslands, or wetlands based on soil type, seed availability,
adjacent land uses, or other site-specific factors.
new text end

(c) The board may establish a payment system for flowage easements acquired
under this section.

(d) For wetland restoration projects involving more than one conservation easement,
state payments for restoration costs may exceed the limits set deleted text begin forth in this section deleted text end new text begin by the
board new text end for an individual easement provided the total payment for the restoration project
does not exceed the amount payable for the total number of acres involved.

(e) The board may use available nonstate funds to exceed the payment limits in
this section.

Sec. 31.

Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:

Subdivision 1.

Cooperation.

In implementing sections 103F.505 to 103F.531, the
board must share information and cooperate with the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the United States Fish
and Wildlife Service, deleted text begin the Agricultural Stabilization and Conservation Service and Soil
Conservation Service of deleted text end the United States Department of Agriculture, the Minnesota
Extension Service, the University of Minnesota, county boards, new text begin soil and water conservation
districts, watershed districts, new text end and interested private organizations and individuals.

Sec. 32.

Minnesota Statutes 2008, section 103F.525, is amended to read:

103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE
CONSERVATION PROGRAMS.

The board may supplement payments made under federal land retirement programs
to the extent of available appropriations deleted text begin other than bond proceeds deleted text end . The supplemental
payments must be used to establish perennial cover on land enrolled or increase payments
for land enrollment in programs approved by the board deleted text begin , including the federal conservation
reserve program and federal and state water bank program deleted text end .

Sec. 33.

Minnesota Statutes 2008, section 103F.526, is amended to read:

103F.526 FOOD PLOTS deleted text begin IN WINDBREAKS deleted text end .

The board deleted text begin , in cooperation with the commissioner of natural resources, deleted text end may authorize
wildlife food plots on land deleted text begin with windbreaks deleted text end new text begin enrolled in a conservation easement under
section 103F.515 new text end .

Sec. 34.

Minnesota Statutes 2008, section 103F.531, is amended to read:

103F.531 RULEMAKING.

The board may adopt rules new text begin or policy new text end to implement sections 103F.505 to 103F.531.
deleted text begin The rules must include standards for tree planting so that planting does not conflict with
existing electrical lines, telephone lines, rights-of-way, or drainage ditches.
deleted text end

Sec. 35.

Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:

Subd. 5.

Release and alteration of conservation easements.

Conservation
easements deleted text begin existing under this section, as of April 30, 1992, deleted text end may be altered, released,
or terminated by the board deleted text begin of Water and Soil Resources deleted text end after consultation with the
commissioners of agriculture and natural resources. The board may alter, release, or
terminate a conservation easement only if the board determines that the public interest and
general welfare are better served by the alteration, release, or termination.

Sec. 36.

Minnesota Statutes 2008, section 103G.201, is amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall deleted text begin prepare deleted text end new text begin maintain new text end 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 new text begin , and shall provide access to a copy of the maps and lists new text end . deleted text begin The deleted text end new text begin As county new text end public waters
inventory deleted text begin map for each county must be filed with deleted text end new text begin maps and lists are revised according to
this section, the commissioner shall send a notification or a copy of the maps and lists
to new text end the auditor of deleted text begin the deleted text end new text begin each affected new text end 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.

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

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

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

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

(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.

Sec. 37.

new text begin [103G.408] TEMPORARY DRAWDOWN OF PUBLIC WATERS.
new text end

new text begin (a) The commissioner, upon consideration of recommendations and objections as
provided in clause (4) and paragraph (c), may issue a public waters work permit for the
temporary drawdown of a public water when:
new text end

new text begin (1) the permit applicant is a public entity;
new text end

new text begin (2) the commissioner deems the project to be beneficial and in the public interest;
new text end

new text begin (3) the permit applicant has obtained written permission from a majority of the
riparian landowners; and
new text end

new text begin (4) the permit applicant has conducted a public hearing according to paragraph (d).
new text end

new text begin (b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county and municipality within
which any portion of the public water is located and on the lake improvement district, if
one exists.
new text end

new text begin (c) A county, municipality, watershed district, watershed management organization,
or lake improvement district required to be served under paragraph (b) or section
103G.301, subdivision 6, may file a written recommendation for the issuance of a permit
or an objection to the issuance of a permit with the commissioner within 30 days after
receiving a copy of the application.
new text end

new text begin (d) The hearing notice for a public hearing under paragraph (a), clause (4), must:
new text end

new text begin (1) include the date, place, and time for the hearing;
new text end

new text begin (2) include the waters affected and a description of the proposed project;
new text end

new text begin (3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
the lake improvement district if one exists, the watershed district or water management
organization, the soil and water conservation district, and all riparian owners of record
affected by the application; and
new text end

new text begin (4) be published in a newspaper of general circulation in the affected area.
new text end

new text begin (e) This section does not apply to public waters that have been designated for
wildlife management under section 97A.101.
new text end

Sec. 38.

Minnesota Statutes 2008, section 168.1296, subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a) The commissioner shall
issue critical habitat plates to an applicant who:

(1) is a registered owner of a passenger automobile new text begin , one-ton pickup truck new text end or
recreational vehicle;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota critical habitat private
sector matching account established in section 84.943; and

(6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.

(b) The critical habitat plate application must indicate that the annual contribution
specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
and that the applicant may make an additional contribution to the account.

(c) Owners of new text begin one-ton pickup trucks or new text end recreational vehicles under paragraph (a),
clause (1), deleted text begin are deleted text end new text begin may be new text end eligible deleted text begin only deleted text end for special critical habitat license plates deleted text begin for which the
designs are selected under subdivision 2, deleted text end on or after January 1, deleted text begin 2006 deleted text end new text begin 2012 new text end .

(d) Special critical habitat license plates deleted text begin , the designs for which are selected under
subdivision 2, on or after January 1, 2006, deleted text end may be personalized according to section
168.12, subdivision 2a new text begin on or after January 1, 2012 new text end .

Sec. 39. new text begin CONSUMPTIVE USE OF WATER.
new text end

new text begin Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
approves of the consumptive use of water under a permit of more than 2,000,000 gallons
per day average in a 30-day period in St. Louis County, in connection with snowmaking,
subject to the commissioner of natural resources making a determination that the water
remaining in the basin of origin will be adequate to meet the basin's need for water and
approval by the commissioner of natural resources of all applicable permits.
new text end

Sec. 40. new text begin RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall adopt or amend rules to establish
minimum size limits for muskellunge on inland waters consistent with the provisions
of this section. The commissioner must:
new text end

new text begin (1) establish a 48-inch statewide minimum size restriction for muskellunge and
muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause
(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington Counties; and
new text end

new text begin (2) establish a 40-inch minimum size restriction for muskellunge-northern pike
hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties:
new text end

	new text begin LAKE new text end	new text begin COUNTY new text end
	new text begin Bryant new text end	new text begin Hennepin new text end
	new text begin Bush new text end	new text begin Hennepin new text end
	new text begin Calhoun new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Scott new text end
	new text begin Clear new text end	new text begin Washington new text end
	new text begin Crystal new text end	new text begin Dakota new text end
	new text begin Crystal new text end	new text begin Hennepin new text end
	new text begin Eagle new text end	new text begin Carver new text end
	new text begin Elmo new text end	new text begin Washington new text end
	new text begin Gervais new text end	new text begin Ramsey new text end
	new text begin Island new text end	new text begin Ramsey new text end
	new text begin Isles new text end	new text begin Hennepin new text end
	new text begin Johanna new text end	new text begin Ramsey new text end
	new text begin Nokomis new text end	new text begin Hennepin new text end
	new text begin Orchard new text end	new text begin Dakota new text end
	new text begin Phalen new text end	new text begin Ramsey new text end
	new text begin Pierson new text end	new text begin Carver new text end
	new text begin Silver new text end	new text begin Ramsey new text end
	new text begin Wasserman new text end	new text begin Carver new text end
	new text begin Weaver new text end	new text begin Hennepin new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section
14.386, does not apply except as provided in Minnesota Statutes, section 14.388.
new text end

Sec. 41. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "conservation reserve program" to
"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections
84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 84.02; 85.0505, subdivision 2; 103F.511,
subdivision 4; and 103F.521, subdivision 2, new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3060; 8400.3110;
8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300;
8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530;
8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800;
8400.3830; 8400.3870; and 8400.3930, new text end new text begin are repealed.
new text end