SF 2676

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             relating to aquatic plant control permits; eliminating 
  1.4             the maximum fee for an aquatic plant control permit; 
  1.5             amending Minnesota Statutes 2000, section 103G.615, 
  1.6             subdivisions 2, 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 103G.615, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
  1.11  fee schedule for permits to harvest control aquatic plants other 
  1.12  than wild rice, by order, after holding a public hearing rule.  
  1.13  The fees may not exceed $200 per permit must be based upon the 
  1.14  cost of receiving, processing, analyzing, and issuing the 
  1.15  permit, and additional costs incurred after the application to 
  1.16  inspect and monitor the activities authorized by the permit. 
  1.17     (b) The fee for a permit for chemical treatment of rooted 
  1.18  aquatic vegetation may not exceed $20 for each contiguous parcel 
  1.19  of shoreline owned by an owner.  This fee may not be charged for 
  1.20  permits issued in connection with lakewide Eurasian water 
  1.21  milfoil control programs. 
  1.22     (c) A fee may not be charged to the state or a federal 
  1.23  governmental agency applying for a permit. 
  1.24     (d) The money received for the permits under this 
  1.25  subdivision shall be deposited in the treasury and credited to 
  1.26  the game and fish fund.  
  2.1      Sec. 2.  Minnesota Statutes 2000, section 103G.615, 
  2.2   subdivision 3, is amended to read: 
  2.3      Subd. 3.  [PERMIT STANDARDS.] (a) The commissioner shall, 
  2.4   by rule, prescribe standards to issue and deny permits under 
  2.5   this section.  The standards must ensure that aquatic plant 
  2.6   control is consistent with shoreland conservation ordinances, 
  2.7   lake management plans and programs, and wild and scenic river 
  2.8   plans.  
  2.9      (b) The commissioner shall not issue a new permit for the 
  2.10  use of pesticides for aquatic plant control below the ordinary 
  2.11  high-water level of public waters, unless the commissioner 
  2.12  determines that control of the aquatic plants is consistent with 
  2.13  subdivision 1, paragraph (a), clause (3), and rules adopted 
  2.14  under paragraph (a), and that: 
  2.15     (1) nonpesticide options will not be effective in 
  2.16  controlling the aquatic plants and the permittee will minimize 
  2.17  the environmental impact from the pesticide application; 
  2.18     (2) effective nonpesticide options for control will be more 
  2.19  harmful to the environment; or 
  2.20     (3) the application of pesticides under the permit will be 
  2.21  more cost effective in control of the aquatic plants and will 
  2.22  result in minimal environmental harm. 
  2.23     Sec. 3.  [PERMIT FEE CHANGES.] 
  2.24     Notwithstanding Minnesota Statutes, section 16A.1283, by 
  2.25  March 1, 2003, the commissioner of natural resources shall amend 
  2.26  the fee schedule authorized in section 1 to remove the maximum 
  2.27  permit fee of $200.  The fee changes shall apply to all permits 
  2.28  issued after February 28, 2003. 
  2.29     Sec. 4.  [AQUATIC PLANT CONTROL PERMIT PROGRAM REVIEW 
  2.30  PROPOSAL.] 
  2.31     By October 15, 2002, the commissioner of natural resources 
  2.32  must submit a proposal to the governor and members of the 
  2.33  legislative fiscal and policy committees with jurisdiction over 
  2.34  natural resources to review the aquatic plant control permit 
  2.35  program, under Minnesota Statutes, section 103G.615.