SF 2503

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/25/2016 10:36am

A bill for an act
relating to natural resources; clarifying and modifying certain buffer requirements
on public waters and drainage ditches; establishing local government aid for
buffer enforcement; appropriating money; amending Minnesota Statutes 2014,
section 103E.315, subdivision 8; Minnesota Statutes 2015 Supplement, sections
103B.101, subdivision 12a; 103F.48, subdivisions 1, 3, 4, 5, 7, 8, 10; proposing
coding for new law in Minnesota Statutes, chapter 477A.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 103B.101, subdivision 12a,
is amended to read:

Subd. 12a.

Authority to issue penalty orders.

(a) A county or watershed
district with jurisdiction or the Board of Water and Soil Resources may issue an order
requiring violations of the water resources riparian protection requirements under sections
103F.415, 103F.421, and 103F.48 to be corrected and administratively assessing monetary
penalties up to $500 for noncompliance commencing on day one of the 11th month
after the noncompliance notice was issued. One-half of the proceeds collected from an
administrative penalty order issued under this section must be remitted to the county or
watershed district with jurisdiction over the noncompliant site.

(b) Administrative penalties may be reissued and appealed under paragraph (a)
according to section 103F.48, subdivision 9.

new text begin (c) For the purposes of this section, "with jurisdiction" means that the county or
watershed district has adopted a rule or ordinance providing procedures for the issuance of
administrative penalty orders, enforcement, and appeals for purposes of this section and
section 103F.48. A county or watershed district that has not adopted a rule or ordinance
for purposes of this section and section 103F.48 is not considered to be "with jurisdiction."
new text end

Sec. 2.

Minnesota Statutes 2014, section 103E.315, subdivision 8, is amended to read:

Subd. 8.

Extent of damages.

new text begin (a) new text end Damages to be paid may include:

(1) the fair market value of the property required for the channel of an open ditch
and the permanent strip of perennial vegetation under section 103E.021;

(2) the diminished value of a farm due to severing a field by an open ditch;

(3) loss of crop production during drainage project construction;

(4) the diminished productivity or land value from increased overflow; and

(5) costs to restore a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way and damaged by the drainage project.

new text begin (b) When damages are determined to acquire or otherwise provide compensation for
buffer strips or alternative riparian water quality practices previously installed as required
by section 103F.48, subdivision 3, the viewers and drainage authority shall consider the
land use prior to buffer strip or alternative practice installation in determining the fair
market value of the property under paragraph (a), clause (1).
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given them.

(b) "Board" means the Board of Water and Soil Resources.

(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive
plants and noxious weeds, adjacent to all bodies of water within the state and that protects
the water resources of the state from runoff pollution; stabilizes soils, shores, and banks;
and protects or provides riparian corridors.

(d) "Buffer protection map" means buffer maps established and maintained by the
commissioner of natural resources.

(e) "Commissioner" means the commissioner of natural resources.

(f) "Executive director" means the executive director of the Board of Water and
Soil Resources.

(g) "Local water management authority" means a watershed district, metropolitan
water management organization, or county operating separately or jointly in its role as
local water management authority under chapter 103B or 103D.

(h) "Normal water level" means the level evidenced by the long-term presence of
surface water as indicated directly by hydrophytic plants or hydric soils or indirectly
determined via hydrological models or analysis.

(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. new text begin The
term public waters as used in this section applies to waters that are on the public waters
inventory as provided in section 103G.201.
new text end

new text begin (j) "With jurisdiction" means that the county or watershed district has adopted a rule
or ordinance providing procedures for the issuance of administrative penalty orders,
enforcement, and appeals for purposes of this section and section 103B.101, subdivision
12a.
new text end

Sec. 4.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 3, is
amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters
and public drainage systems.

(a) Except as provided in paragraph (b), landowners
owning property adjacent to a water body identified and mapped on a buffer protection
map must maintain a buffer to protect the state's water resources as follows:

(1) for all public waters new text begin with a shoreland management classification new text end , the more
restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of
perennially rooted vegetation; or

(ii) deleted text begin the state deleted text end shoreland standards and criteria deleted text begin adopted by the commissioner deleted text end new text begin contained
in locally adopted and commissioner-approved shoreland ordinances new text end under section
103F.211; and

(2) for public drainage systems established under chapter 103E, a 16.5-foot
minimum width continuous buffer of deleted text begin perennially rooted vegetation on ditches within the
benefited area of public drainage systems deleted text end new text begin permanent grass, other than invasive plants and
noxious weeds, or other perennially rooted vegetation measured outward from the top
edge of the constructed channel of the public drainage system. The buffer vegetation shall
not impede future maintenance of the ditch new text end .

(b) A landowner owning property adjacent to a water body identified in a buffer
protection map and whose property is used for cultivation farming may meet the
requirements under paragraph (a) by adopting an alternative riparian water quality
practice, or combination of structural, vegetative, and management practices, based on the
Natural Resources Conservation Service Field Office Technical Guide or other practices
approved by the board, that provide water quality protection comparable to the buffer
protection for the water body that the property abuts. new text begin These practices must include
retention ponds and alternative measures that prevent overland flow to the water resource.
new text end

(c) The width of a buffer must be measured from the top or crown of the bank. Where
there is no defined bank, measurement must be from the edge of the normal water level.

(d) Upon request by a landowner or authorized agent or operator of a landowner,
a technical professional employee or contractor of the soil and water conservation
district or its delegate may issue a validation of compliance with the requirements of
this subdivision. The soil and water conservation district validation may be appealed to
the board as described in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or
(b) must be in place on or before:

(1) November 1, 2017, for public waters; and

(2) November 1, 2018, for public drainage systems.

Sec. 5.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 4, is
amended to read:

Subd. 4.

Local water resources riparian protection.

On or before July 1, 2017,
the soil and water conservation district shall develop, adopt, and submit to each local
water management authority within its boundary a summary of watercourses for inclusion
in the local water management authority's plan. A local water management authority that
receives a summary of watercourses identified under this subdivision must deleted text begin revise deleted text end new text begin consider
revising new text end its comprehensive local water management plan deleted text begin or comprehensive watershed
management plan deleted text end new text begin as part of a regularly scheduled update to its comprehensive local water
management plan or development of a comprehensive watershed management plan under
section 103B.801, new text end to incorporate the soil and water conservation district recommendations.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 5, is
amended to read:

Subd. 5.

Exemptions.

Land adjacent to waters subject to subdivision 3 is exempt
from the water resource protection requirements under subdivision 3, to the extent these
exemptions are not inconsistent with the requirements of the state shoreland rules adopted
by the commissioner pursuant to section 103F.211, if it is:

(1) enrolled in the federal Conservation Reserve Program;

(2) used as a public or private water access or recreational use area including
stairways, landings, picnic areas, access paths, beach and watercraft access areas, and
permitted water-oriented structures as provided in the shoreland model standards and
criteria adopted pursuant to section 103F.211 or as provided for in an approved local
government shoreland ordinance;

(3) covered by a road, trail, building, or other structures; or

(4) regulated by a national pollutant discharge elimination system/state disposal
system (NPDES/SDS) permit under Minnesota Rules, chapter 7090, and provides water
resources riparian protection, in any of the following categories:

(i) municipal separate storm sewer system (MS4);

(ii) construction storm water (CSW); or

(iii) industrial storm water (ISW);

(5) part of a water-inundation cropping system; deleted text begin or
deleted text end

(6) in a temporary nonvegetated condition due to drainage tile installation and
maintenance, alfalfa or other perennial crop or plant seeding, or construction or
conservation projects authorized by a federal, state, or local government unit deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) a public ditch that is part of a drainage authority plan to install vegetated ditch
buffers under chapter 103E by December 31, 2025.
new text end

Sec. 7.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 7, is
amended to read:

Subd. 7.

Corrective actions.

(a) If the soil and water conservation district
determines a landowner is not in compliance with this section, the district must notify the
county or watershed district with jurisdiction over the noncompliant site. The county or
watershed district new text begin with jurisdiction new text end must provide the landowner with a list of corrective
actions needed to come into compliance and a practical timeline to meet the requirements
in this section. The county or watershed district with jurisdiction must provide a copy of
the corrective action notice to the board. new text begin If no county or watershed district has jurisdiction
to initiate enforcement, the soil and water conservation district must notify the board of
the noncompliance.
new text end

(b) If the landowner does not comply with the list of actions and timeline provided,
the county or watershed district may enforce this section under the authority granted in
section 103B.101, subdivision 12a new text begin , or by rule of the watershed district or ordinance of the
county new text end . Before exercising deleted text begin this deleted text end new text begin administrative penalty new text end authority, a county or watershed
district must adopt a plan containing procedures for the issuance of administrative penalty
orders and may issue orders beginning November 1, 2017. If a county or watershed
district with jurisdiction over the noncompliant site has not adopted a plan new text begin , rule, or
ordinance new text end under this paragraph, the board may enforce this section under the authority
granted in section 103B.101, subdivision 12a.

(c) If the county, watershed district, or board determines that sufficient steps have
been taken to fully resolve noncompliance, all or part of the penalty may be forgiven.

(d) An order issued under paragraph (b) may be appealed to the board as provided
under subdivision 9.

(e) A corrective action is not required for conditions resulting from a flood or other
act of nature.

(f) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.

Sec. 8.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 8, is
amended to read:

Subd. 8.

Funding subject to withholding.

The deleted text begin state deleted text end new text begin board new text end may withhold funding
new text begin to implement this section new text end from a local water management authority or a soil and water
conservation district that fails to implement this section. deleted text begin Funding subject to withholding
includes soil and water program aid, a natural resources block grant, and other project
or program funding. deleted text end Funding may be restored upon the board's approval of a corrective
action plan.

Sec. 9.

Minnesota Statutes 2015 Supplement, section 103F.48, subdivision 10, is
amended to read:

Subd. 10.

Landowner financial assistance and public drainage system procedure.

(a) A landowner or drainage authority may contact the soil and water conservation district
for information on how to apply for local, state, or federal cost-share grants, contracts, or
loans that are available to establish buffers or other water resource protection measures.

(b) The provisions of sections 103E.011, subdivision 5; 103E.021 deleted text begin , subdivision 6 deleted text end ; and
103E.715 may be used in advance or retroactively to acquire or provide compensation for
all or part of the buffer strip establishment or alternative riparian water quality practices as
required under subdivision 3, paragraph (a) deleted text begin , within the benefited area of a public drainage
system deleted text end new text begin or (b) new text end . deleted text begin Implementation of this subdivision is not subject to limitation of project
costs to the current benefits adopted for the drainage system.
deleted text end

Sec. 10.

new text begin [477A.21] RIPARIAN PROTECTION; SUPPLEMENTAL AID.
new text end

new text begin (a) Each county is eligible to receive aid under this section to enforce and implement
the riparian protection and water quality practices under section 103F.48. Aid to each
county shall equal: (1) the number of miles of public waters, as defined in section 103F.48,
subdivision 1, paragraph (i), in the county; multiplied by (2) the number of acres in the
county classified as class 2a under section 273.13; multiplied by ........ If one or more
watershed districts assumes responsibility for the riparian protection and water quality
practices under section 103F.48, the county shall proportionately allocate funds received
under this section to the district.
new text end

new text begin (b) The aid under this section shall be paid in the same manner and at the same time
as the aid payments under section 477A.0124.
new text end

new text begin (c) The amount necessary to pay supplemental aid under this section is appropriated
from the general fund to the commissioner of revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with aids payable in 2018
and thereafter.
new text end