SF 2817

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to waters; clarifying required permission for 
  1.3             work in public waters; modifying criteria for wetland 
  1.4             replacement plans; amending Minnesota Statutes 2000, 
  1.5             sections 103E.011, subdivision 3; 103G.2241, 
  1.6             subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 103E.011, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [PERMISSION OF COMMISSIONER FOR WORK IN PUBLIC 
  1.11  WATERS; APPLICATION.] (a) The drainage authority must receive 
  1.12  permission from the commissioner to:  
  1.13     (1) remove, construct, or alter a dam affecting public 
  1.14  waters; 
  1.15     (2) establish, raise, or lower the level of public waters; 
  1.16  or 
  1.17     (3) drain any portion of a public water.  
  1.18     (b) The petitioners for a proposed drainage project or the 
  1.19  drainage authority may apply to the commissioner for permission 
  1.20  to do work in public waters or for the determination of public 
  1.21  waters status of a water body or watercourse. 
  1.22     (c) For purposes of this subdivision, "permission of the 
  1.23  commissioner" means notification to the commissioner and 
  1.24  establishment of a repair grade according to section 103E.701, 
  1.25  subdivision 2. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 103G.2241, 
  2.1   subdivision 3, is amended to read: 
  2.2      Subd. 3.  [FEDERAL APPROVALS.] A replacement plan for 
  2.3   wetlands is not required for: 
  2.4      (1) activities exempted from federal regulation under 
  2.5   United States Code, title 33, section 1344(f), as in effect on 
  2.6   January 1, 1991, according to standards developed by the United 
  2.7   States Army Corps of Engineers and the United States 
  2.8   Environmental Protection Agency for the application of United 
  2.9   States Code, title 33, section 1344(f); 
  2.10     (2) activities authorized under, and conducted in 
  2.11  accordance with, an applicable general permit issued by the 
  2.12  United States Army Corps of Engineers under section 404 of the 
  2.13  federal Clean Water Act, United States Code, title 33, section 
  2.14  1344, except the nationwide permit in Code of Federal 
  2.15  Regulations, title 33, section 330.5, paragraph (a), clauses 
  2.16  (14), limited to when a new road crosses a wetland, and (26), as 
  2.17  in effect on January 1, 1991; or 
  2.18     (3) activities authorized under the federal Clean Water 
  2.19  Act, section 404, or the Rivers and Harbors Act, section 10, 
  2.20  regulations that meet minimum state standards under this chapter 
  2.21  and sections 103A.202 and 103B.3355 and that have been approved 
  2.22  by the board of water and soil resources, the commissioners of 
  2.23  natural resources and agriculture, and the pollution control 
  2.24  agency.