SF 1551

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 04:01pm

A bill for an act
relating to natural resources; clarifying application of soil loss limits; establishing
conflict resolution process for certain damage to buffers or alternative practices;
amending Minnesota Statutes 2018, section 103F.48, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 103F.

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

Section 1.

new text begin [103F.452] APPLICABILITY.
new text end

new text begin Sections 103F.415 to 103F.455 are not applicable without the adoption of an ordinance
by the county or local government unit.
new text end

Sec. 2.

Minnesota Statutes 2018, section 103F.48, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Conflict resolution; buffer affected by excessive soil loss. new text end

new text begin (a) An adversely
affected landowner may submit a written complaint to the county or watershed district with
jurisdiction and to the board if conditions exist that indicate there is soil loss from a tract
of land that affects the buffer or alternative practice of another tract of land. The written
complaint must contain:
new text end

new text begin (1) the name and address of the landowner whose land is affecting the buffer or alternative
practice of another tract of land;
new text end

new text begin (2) the location of the tract of land that is affecting the buffer or alternative practice of
another tract of land; and
new text end

new text begin (3) a description of the buffer or alternative practice that is affected by the soil loss.
new text end

new text begin (b) The county, watershed district, or board must submit the complaint to the soil and
water conservation district for a soil loss determination.
new text end

new text begin (c) The soil and water conservation district must determine the average soil loss in tons
per acre per year of the tract of land cited in the complaint and report the determination to
the county or watershed district with jurisdiction and to the board. Representatives of the
soil and water conservation district may enter public or private land to inspect for determining
soil loss. The landowner must be notified of the time of the inspection and be given an
opportunity to be present when the inspection is made.
new text end

new text begin (d) If the soil and water conservation district report shows that there is soil loss from a
tract of land that affects the buffer or alternative practice of another tract of land and
alternative practices are available to reduce the soil loss, the county, watershed district, or
board must request the allegedly offending landowner to participate in mediation with the
county, watershed district, or board. The landowner and the county, watershed district, or
board or its agent must attempt to agree on conservation practices and times to implement
the practices that will reduce soil loss to the affected buffer or alternative practice. A mediated
settlement must be in writing and filed with the county, watershed district, or board. If the
county, watershed district, or board and the landowner do not agree to a mediated settlement
or if the landowner refuses to participate in mediation, the county, watershed district, or
board must forward the complaint to the county attorney.
new text end

new text begin (e) The landowner has 90 days after a settlement is filed to apply for a state cost-sharing
grant. If the landowner does not apply within 90 days after the settlement is filed, the cost
share is reduced to 50 percent unless the soil and water conservation district or the board
provides an extension. An extension must be granted if state cost-sharing grants are not
available.
new text end

new text begin (f) If the landowner and the county, watershed district, or board do not agree to a mediated
settlement or if the landowner refuses mediation, the county attorney may petition the district
court for a hearing. The landowner must have the opportunity to present the landowner's
conservation plan and time schedule as an alternative to the county, watershed district, or
board conservation plan and time schedule. The court must order the landowner to implement
the conservation plan and time schedule that is the least burdensome to the landowner and
will reduce soil loss to the affected buffer or alternative practice. The court may amend the
county's, watershed district's, board's, or landowner's conservation plan and time schedule
or develop a new conservation plan and time schedule. The court must set times to implement,
make satisfactory progress, and complete the conservation plan.
new text end

new text begin (g) If the court orders implementation of the landowner's conservation plan and time
schedule or amends the landowner's conservation plan and time schedule or if the court
develops a new conservation plan and time schedule, the landowner is eligible to apply for
a 75 percent cost-share state grant for permanent conservation practices. The landowner
must apply for the cost-sharing grant within 90 days after the court order. If the landowner
does not apply within 90 days, the cost share is reduced to 50 percent. The court must
establish a time after which the landowner is no longer eligible for a state cost-sharing grant
if an application is not made. If the court orders a plan and time schedule developed by the
soil and water conservation district in its report, the landowner is eligible for a 50 percent
cost-share state grant if the landowner applies within 90 days after the court order.
new text end