SF 3269

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to waters; allowing local government units to draft wetland restoration
orders; directing the Board of Water and Soil Resources to amend rules;
amending Minnesota Statutes 2006, section 103G.2372, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 103G.2372, subdivision 1, is amended to
read:

Subdivision 1.

deleted text begin Commissioner of natural resources deleted text end new text begin Cease and desist orders;
restoration or replacement orders new text end .

(a) The commissioner of natural resources,
conservation officers, and peace officers shall enforce laws preserving and protecting
groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
a conservation officer, or a peace officer may issue a cease and desist order to stop any
illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or
peace officer may require restoration or replacement of the wetland or public waters,
as determined by the local soil and water conservation district for wetlands and the
commissioner of natural resources for public waters. new text begin The local government unit with
jurisdiction over a wetland may inspect the site and draft a restoration or replacement order
for review by the local soil and water conservation district. new text end Restoration or replacement
orders may be recorded or filed in the office of the county recorder or registrar of titles, as
appropriate, in the county where the real property is located by the commissioner of natural
resources, conservation officers, or peace officers as a deed restriction on the property
that runs with the land and is binding on the owners, successors, and assigns until the
conditions of the order are met or the order is rescinded. Notwithstanding section 386.77,
the agency shall pay the applicable filing fee for any document filed under this section.

Sec. 2. new text begin AMENDMENT OF RULES; GOOD CAUSE EXEMPTION.
new text end

new text begin The Board of Water and Soil Resources must amend Minnesota Rules, part
8420.0290, subpart 3, to conform with the change in section 1. The board must amend
the rules using the good cause exemption under Minnesota Statutes, section 14.388,
subdivision 1, clause (3). Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end