Minnesota Legislature
SF 2419
as introduced - 90th Legislature (2017 - 2018) Posted on 05/22/2017 09:41am
Current Version - as introduced
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A bill for an act
relating to natural resources; clarifying public waters and public drainage system
laws; amending Minnesota Statutes 2016, sections 103E.701, subdivision 2;
103G.225; 103G.245, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 103E.701, subdivision 2, is amended to read:
Subd. 2.
Repairs affecting public waters.
new text begin
(a) Where as-built records, reestablished
records under section 103E.101, subdivision 4a, or prior concurrence of the commissioner
exists, the drainage authority may proceed with a drainage system repair as provided in this
section without further concurrence, review, or permission of the commissioner under
section 103E.011, subdivision 3.
new text end
new text begin (b) Where as-built records, reestablished records under section 103E.101, subdivision
4a, or prior concurrence of the commissioner does not exist, new text end before a repair is ordered, the
drainage authority must notify the commissioner if the repair deleted text begin may affectdeleted text end new text begin will be conducted
in, through, or adjacent tonew text end public waters. new text begin Notice to the commissioner must include the
proposed repair design and configuration. Within 60 days of notice, the commissioner must
concur or not concur that the proposed repair is, in fact, repair as provided in this section.
Failure of the commissioner to concur or not concur with the repair design and configuration
within 60 days is deemed concurrence. new text end If the commissioner deleted text begin disagreesdeleted text end new text begin does not concurnew text end with
the repair deleted text begin depthdeleted text end new text begin design and configurationnew text end , the engineer, a representative appointed by the
director, and a soil and water conservation district technician must jointly determine the
repair deleted text begin depthdeleted text end new text begin allowed under this sectionnew text end using sdeleted text begin oil borings, field surveys, and other available
data or appropriate methodsdeleted text end new text begin existing records and evidence, including but not limited to
applicable aerial photographs, soil borings, test pits, culvert dimensions, invert elevations,
and bridge design recordsnew text end . Costs for determining the repair deleted text begin depthdeleted text end new text begin design and configurationnew text end
beyond the initial meeting must be shared equally by the drainage system and the
commissioner. The determined repair deleted text begin depthdeleted text end new text begin design and configurationnew text end must be recommended
to the drainage authority. The drainage authority may accept the joint recommendation and
proceed with the repair.
new text begin
(c) The commissioner's concurrence with repair design and configuration or the drainage
authority acceptance of a repair design and configuration recommendation under this
subdivision constitutes permission of the commissioner under section 103E.011, subdivision
3.
new text end
Sec. 2.
Minnesota Statutes 2016, section 103G.225, is amended to read:
103G.225 deleted text begin STATE WETLANDSdeleted text end new text begin PUBLIC WATERSnew text end AND PUBLIC DRAINAGE
SYSTEMS.
If the state deleted text begin ownsdeleted text end new text begin has inventoried and designated public water courses, basins, ornew text end public
waters wetlands on or adjacent to existing public drainage systems, the state shall consider
the use of the public waters deleted text begin wetlandsdeleted text end as part of the drainage system. If the new text begin commissioner's
desired management or protection of new text end public waters deleted text begin wetlandsdeleted text end interfere with or prevent the
authorized functioning of the public drainage system, the state shall provide for necessary
work to allow proper use and maintenance of the drainage system while still preserving the
public waters deleted text begin wetlandsdeleted text end .
Sec. 3.
Minnesota Statutes 2016, section 103G.245, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
A public-waters-work permit is not required for:
(1) work in altered natural watercourses that are part of drainage systems established
under chapter 103D or 103E if the work in the waters is undertaken according to chapter
103D or 103E;
(2) new text begin repair of a public drainage system lawfully established under chapters 103D and
103E and sponsored by the public drainage authority as provided in section 103E.701;
new text end
new text begin (3) new text end a drainage project for a drainage system established under chapter 103E that does
not substantially affect public waters; or
deleted text begin (3)deleted text end new text begin (4)new text end culvert restoration or replacement of the same size and elevation, if the restoration
or replacement does not impact a designated trout stream.