2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 07/03/2024 09:34am
A bill for an act
relating to state government; modifying environment and natural resources laws;
modifying forestry laws; modifying game and fish laws; modifying water law;
requiring reports; making technical corrections; appropriating money; requiring
rulemaking; amending Minnesota Statutes 2022, sections 13.7931, by adding a
subdivision; 14.386; 16A.125, subdivision 5; 17.4983, subdivision 2; 17.4984,
subdivision 2; 17.4988, subdivision 4; 17.4992, subdivisions 1, 3; 17.4996; 41A.02,
subdivision 6; 84.027, subdivisions 12, 15; 84.0874; 84.0895, subdivisions 1, 8;
84.152, subdivision 3; 84.788, subdivision 11; 84.798, subdivision 10; 84.8035,
subdivision 1; 84.82, subdivisions 2a, 11; 84.8205; 84.83, subdivision 2; 84.922,
subdivision 12; 84.96, subdivisions 2, 3, 5; 84B.061; 85.41, subdivisions 1, 4;
85.45, subdivision 1; 85.46, subdivision 3; 86B.415, subdivision 11; 88.82; 89.002,
subdivision 3; 89.36, subdivision 1; 89.37, subdivision 3; 93.0015, subdivision 3;
97A.015, subdivisions 3a, 3b, 39, 43, by adding subdivisions; 97A.055, subdivision
4b; 97A.075, subdivision 2; 97A.215, by adding a subdivision; 97A.255,
subdivision 5; 97A.341, subdivisions 1, 2, 3; 97A.345; 97A.405, subdivisions 3,
4, 4a; 97A.420, as amended; 97A.421, subdivision 2; 97A.425, subdivision 4, by
adding a subdivision; 97A.445, by adding a subdivision; 97A.473, subdivisions
1, 3, 4, 5, 5a; 97A.474, subdivision 3; 97A.475, subdivision 39; 97A.481; 97A.485,
subdivision 6; 97A.505, subdivision 8; 97A.535, subdivisions 1, 2, 2a, 4; 97A.551,
subdivisions 2, 6; 97B.022, subdivisions 2, 3; 97B.055, subdivision 2; 97B.106;
97B.303; 97B.318, subdivision 1; 97B.401; 97B.603; 97B.716, subdivision 2;
97B.721; 97C.001, subdivision 2; 97C.005, subdivision 2; 97C.025; 97C.035,
subdivision 3; 97C.045; 97C.081, subdivision 3a; 97C.087; 97C.211, subdivision
5; 97C.301, subdivision 2a; 97C.355, subdivision 2; 97C.375; 97C.376,
subdivisions 1, 5; 97C.381; 97C.385; 97C.391, subdivision 1; 97C.395, as amended;
97C.411; 97C.505, subdivision 8; 97C.801, subdivision 2; 97C.805, subdivisions
1, 4; 97C.811, subdivision 2; 97C.831, subdivision 1; 97C.835, subdivisions 2, 3;
97C.865, subdivision 1; 103B.101, subdivision 13; 103C.005; 103C.221; 103C.331,
subdivisions 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, by adding subdivisions;
103D.011, subdivision 10; 103D.201, subdivision 2; 103D.205, subdivision 4;
103D.251, subdivisions 5, 6; 103D.255; 103D.261, subdivisions 1, 2; 103D.271,
subdivision 7; 103D.301, subdivisions 1, 3; 103D.305, subdivisions 2, 5; 103D.311,
subdivision 4; 103D.315, subdivisions 9, 10; 103D.321, subdivision 1; 103D.331,
subdivision 2; 103D.335, subdivision 11; 103D.341, subdivision 1; 103D.345,
subdivision 4; 103D.355, subdivision 1; 103D.401; 103D.405, subdivision 1;
103D.535, subdivision 3; 103D.701; 103D.705, subdivision 1, by adding a
subdivision; 103D.711; 103D.715, subdivision 1; 103D.729, subdivisions 1, 2;
103D.731; 103D.745, subdivision 3; 103D.805; 103D.811, subdivision 3;
103D.901, subdivision 2; 103E.729, subdivision 9; 103F.211, subdivision 1;
103F.48, subdivision 1; 103F.511, by adding subdivisions; 103F.515; 103F.535,
subdivision 5; 103G.005, subdivisions 14d, 17b; 103G.222, subdivision 1;
103G.2241, subdivisions 1, 2, 6, 9; 103G.2242, subdivisions 2, 2a, 3; 103G.315,
subdivision 15; 115.55, by adding a subdivision; 115A.5502; 116.0711, subdivision
1; 116D.02, subdivision 2; Minnesota Statutes 2023 Supplement, sections 84.83,
subdivision 3; 97A.405, subdivision 2; 97B.037; 97B.071; 97C.041; 97C.371,
subdivision 1; 103G.005, subdivision 19; 103G.2242, subdivision 1; 103G.301,
subdivision 2; 115.03, subdivision 1; Laws 2023, chapter 60, article 4, section
109; proposing coding for new law in Minnesota Statutes, chapters 11A; 84; 103D;
103F; 115; 115A; 116; repealing Minnesota Statutes 2022, sections 97A.015,
subdivision 27a; 97A.485, subdivision 13; 103A.206; 103D.315, subdivision 4;
103D.405, subdivisions 2, 3, 4, 5, 6; 103D.411; 103D.601; 103D.605, subdivisions
1, 2, 3, 4; 103D.611; 103F.511, subdivision 8b; 103F.950; 115A.5501; Minnesota
Statutes 2023 Supplement, section 103D.605, subdivision 5; Minnesota Rules,
parts 8400.3000; 8400.3030; 8400.3110; 8400.3210; 8400.3260; 8400.3300;
8400.3400; 8400.3460; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730;
8400.3800; 8400.3830; 8400.3930.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 14.386, is amended to read:
(a) A rule adopted, amended, or repealed by an agency, under a statute enacted after
January 1, 1997, authorizing or requiring rules to be adopted but excluded from the
rulemaking provisions of chapter 14 or from the definition of a rule, has the force and effect
of law only if:
(1) the revisor of statutes approves the form of the rule by certificate;
(2) the person authorized to adopt the rule on behalf of the agency signs an order adopting
the rule;
(3) the Office of Administrative Hearings approves the rule as to its legality within 14
days after the agency submits it for approval and files four paper copies or an electronic
copy of the adopted rule with the revisor's certificate in the Office of the Secretary of State;
and
(4) a copy is published by the agency in the State Register.
The secretary of state shall forward one copy of the rule to the governor.
A statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but
excluded from the rulemaking provisions of chapter 14 or from the definition of a rule does
not excuse compliance with this section unless it makes specific reference to this section.
(b) A rule adopted under this section is effective for a period of two years from the date
of publication of the rule in the State Register. The authority for the rule expires at the end
of this two-year period.
(c) The chief administrative law judge shall adopt rules relating to the rule approval
duties imposed by this section and section 14.388, including rules establishing standards
for review.
(d) This section does not apply to:
(1) any group or rule listed in section 14.03, subdivisions 1 and 3, except as otherwise
provided by law;
(2) game and fish rules of the commissioner of natural resources adopted under section
84.027, subdivision 13, or sections 97A.0451 to 97A.0459;
(3) experimental and special management waters designated by the commissioner of
natural resources under sections 97C.001 and 97C.005;
(4) game refuges designated by the commissioner of natural resources under section
97A.085; or
(5) transaction fees established by the commissioner of natural resources for electronic
or telephone sales of licenses, stamps, permits, registrations, or transfers under section
84.027, subdivision 15, paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end .
(e) If a statute provides that a rule is exempt from chapter 14, and section 14.386 does
not apply to the rule, the rule has the force of law unless the context of the statute delegating
the rulemaking authority makes clear that the rule does not have force of law.
Minnesota Statutes 2022, section 84.027, subdivision 15, is amended to read:
(a) The commissioner may receive an application
for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety training
certification, registration, or transfer under the jurisdiction of the commissioner by electronic
means, including by telephone. Notwithstanding section 97A.472, electronic and telephone
transactions may be made outside of the state. The commissioner may:
(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;
deleted text begin
(2) assign an identification number to an applicant who purchases a hunting or fishing
license or recreational vehicle registration by electronic means, to serve as temporary
authorization to engage in the activity requiring a license or registration until the license or
registration is received or expires;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an additional
transaction fee not to exceed $3.50;
deleted text begin (4)deleted text end new text begin (3)new text end charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic bank
card transaction in person must post a sign informing individuals of the fee. The sign must
be near the point of payment, clearly visible, include the amount of the fee, and state:
"License agents are allowed by state law to charge a fee not to exceed three percent of the
cost of state licenses to persons who use electronic bank cards for payment. The fee is not
required by state law.";
deleted text begin (5)deleted text end new text begin (4)new text end establish, by written order, an electronic licensing system commission to be paid
by revenues generated from all sales made through the electronic licensing system. The
commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing system;
and
deleted text begin (6)deleted text end new text begin (5)new text end adopt rules to administer the provisions of this subdivision.
(b) The fees established under paragraph (a), clauses new text begin (2) and new text end (3) deleted text begin and (4)deleted text end , and the
commission established under paragraph (a), clause deleted text begin (5)deleted text end new text begin (4)new text end , are not subject to the rulemaking
procedures of chapter 14 and section 14.386 does not apply.
(c) Money received from fees and commissions collected under this subdivision, including
interest earned, is annually appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic licensing.
(d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
electronic transaction, regardless of whether all or any part of the biennial appropriation
law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
has not been enacted to appropriate money to the commissioner of management and budget
for central accounting, procurement, payroll, and human resources functions, amounts
necessary to operate those functions for the purpose of this paragraph are appropriated from
the general fund to the commissioner of management and budget. As necessary, the
commissioner may transfer a portion of this appropriation to other state agencies to support
carrying out these functions. Any subsequent appropriation to the commissioner of
management and budget for a biennium in which this section is applicable supersedes and
replaces the funding authorized in this paragraph.
Minnesota Statutes 2022, section 84.0874, is amended to read:
(a) The following data created, collected, stored, or maintained by the department for
purposes of obtaining a noncommercial game and fish license, cross-country-ski pass, horse
pass, or snowmobile trail deleted text begin stickerdeleted text end new text begin passnew text end ; registering a recreational motor vehicle; or any other
electronic licensing transaction are private data on individuals as defined in section 13.02,
subdivision 12: name, addresses, driver's license number, and date of birth. The data may
be disclosed for law enforcement purposes. The data, other than the driver's license number,
may be disclosed to a government entity and for natural resources management purposes,
including recruitment, retention, and training certification and verification.
(b) Private data on individuals under paragraph (a) may be disclosed as follows:
(1) for use by any government agency, including a court or law enforcement agency, in
carrying out its functions, or any private person or entity acting on behalf of a federal, state,
or local agency in carrying out its functions;
(2) for use in connection with matters of vehicle or operator safety and theft, emissions,
product alterations, recalls or advisories, and performance monitoring;
(3) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, in order to verify the accuracy of personal information submitted
by an individual. If the information as submitted is not correct or is no longer correct, correct
information may be obtained only for the purpose of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security interest against the individual. If the
person requesting access is acting as the agent of a lienholder, the requester must submit
proof of a contract with the lienholder;
(4) for use in connection with any civil, criminal, administrative, or arbitration
proceedings in any federal, state, or local court or agency or before any self-regulatory body,
including service of process, investigation in anticipation of litigation, and the execution or
enforcement of judgments and orders, or pursuant to an order of a federal, state, or local
court, provided that the requester provides a copy of the court order;
(5) for use by any insurer or insurance support organization, or by a self-insured entity,
or its agents, employees, or contractors, in connection with claims investigation activities
or antifraud activities. If the person requesting access is an agent of an insurance company,
the requester must provide the insurance company's name;
(6) for use in providing notice to the owners of towed or impounded recreational vehicles
or watercraft. The person requesting access must provide the name, address, and telephone
number of the entity that requested that the recreational vehicle or watercraft be towed;
(7) for use by any licensed private investigative agency or licensed security service for
any purpose permitted under this section, provided that the person provides a copy of a
valid license; or
(8) where the use is related to the physical safety or security of operators, vehicles,
pedestrians, or property.
The commissioner must not disclose data under this paragraph if the commissioner concludes
that the requester is likely to use the data for an improper purpose or other purpose not
authorized by this paragraph.
Minnesota Statutes 2022, section 84.152, subdivision 3, is amended to read:
(a) deleted text begin An application for a wild rice dealer's license must be made
under a written oath.deleted text end The deleted text begin form ofdeleted text end new text begin application fornew text end a wild rice dealer's license application
must include:
(1) the amount of wild rice, whether raw or processed, bought or sold by the applicant
during the preceding calendar year;
(2) the amount of wild rice the applicant estimates will be bought or sold under the
license; and
(3) other pertinent information required by the commissioner.
(b) The license fee must be paid in advance, based on the applicant's estimate. A license
may not be issued for a fee based on a lesser amount of wild rice than was bought or sold
by the applicant during the preceding calendar year.
Minnesota Statutes 2022, section 84.788, subdivision 11, is amended to read:
The commissioner may issue a refund on a registration, not including
any issuing fees paid under subdivision 3, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , if the refund request is received within 12 months of the original
registration and:
(1) the off-highway motorcycle was registered incorrectly by the commissioner or the
deputy registrar; or
(2) the off-highway motorcycle was registered twice, once by the dealer and once by
the customer.
Minnesota Statutes 2022, section 84.798, subdivision 10, is amended to read:
The commissioner may issue a refund on a registration, not including
any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, subdivision 15,
paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , if the refund request is received within 60 days of the original
registration, the registration is not used or transferred, and:
(1) the off-road vehicle was registered incorrectly; or
(2) the off-road vehicle was registered twice, once by the dealer and once by the customer.
Minnesota Statutes 2022, section 84.8035, subdivision 1, is amended to read:
(a) Except as provided under paragraph (c), a person
may not operate an off-road vehicle on a state or grant-in-aid off-road vehicle trail or use
area unless the vehicle displays an off-road vehicle state trail pass deleted text begin stickerdeleted text end issued according
to this section. The pass must be deleted text begin viewabledeleted text end new text begin available to be viewednew text end by a peace officer, a
conservation officer, or an employee designated under section 84.0835.
(b) The commissioner of natural resources shall issue a pass upon application and payment
of the fee. Fees collected under this section, except for the issuing fee for licensing agents,
shall be deposited in the state treasury and credited to the off-road vehicle account in the
natural resources fund and, except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid
to counties and municipalities for off-road vehicle organizations to construct and maintain
off-road vehicle trails and use areas.
(c) An off-road vehicle state trail pass is not required for:
(1) an off-road vehicle that is owned and used by the United States, another state, or a
political subdivision thereof that is exempt from registration under section 84.798, subdivision
2;
(2) a person operating an off-road vehicle only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent; or
(3) a person operating an off-road vehicle that is registered according to section 84.798.
(d) The fee for an annual nonresident off-road vehicle state trail pass is $20. The
nonresident pass is valid from January 1 through December 31. The fee for a nonresident
three-year pass is $30.
(e) The fee for a resident off-road vehicle state trail pass is $20. The resident pass is
valid for 30 consecutive days after the date of issuance.
Minnesota Statutes 2022, section 84.82, subdivision 2a, is amended to read:
A snowmobile may be registered for nontrail use.
A snowmobile registered under this subdivision may not be operated on a state or grant-in-aid
snowmobile trail. The fee for a nontrail use registration of a snowmobile with an engine
displacement that is greater than 125 cubic centimeters is $45 for three years. A nontrail
use registration is not transferable. In addition to other penalties prescribed by law, the
penalty for violation of this subdivision is immediate revocation of the nontrail use
registration. The commissioner shall ensure that the registration deleted text begin stickerdeleted text end provided for limited
nontrail use is of a different color and is distinguishable from other snowmobile registration
deleted text begin and state trail stickersdeleted text end provided.
Minnesota Statutes 2022, section 84.82, subdivision 11, is amended to read:
The commissioner may issue a refund on a registration, not including
any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , if the refund request is received within 60 days of the original
registration, the registration is not used or transferred, and:
(1) the snowmobile was registered incorrectly; or
(2) the snowmobile was registered twice, once by the dealer and once by the customer.
Minnesota Statutes 2022, section 84.8205, is amended to read:
(a) A snowmobile that is not registered in
the state under section 84.82, subdivision 3, paragraph (a), or that is registered by a
manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may not be
operated on a state or grant-in-aid snowmobile trail unless a snowmobile state trail deleted text begin sticker
is affixed to the snowmobiledeleted text end new text begin pass is available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835new text end .
(b) The commissioner of natural resources shall issue a deleted text begin stickerdeleted text end new text begin passnew text end upon application
and payment of a fee. The fee is:
(1) $50 for a one-year snowmobile state trail deleted text begin stickerdeleted text end new text begin passnew text end purchased by an individual;
and
(2) $15 for a one-year snowmobile state trail deleted text begin stickerdeleted text end new text begin passnew text end purchased by a dealer or
manufacturer.
(c) In addition to other penalties prescribed by law, an individual in violation of this
subdivision must purchase an annual state trail deleted text begin stickerdeleted text end new text begin passnew text end for a fee of $70. The deleted text begin stickerdeleted text end new text begin
passnew text end is valid from November 1 through June 30. Fees collected under this section, except
for the issuing fee for licensing agents, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural resources fund and, except
for the electronic licensing system commission established by the commissioner under
section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, grooming,
and easement acquisition.
(d) A state trail deleted text begin stickerdeleted text end new text begin passnew text end is not required under this section for:
(1) a snowmobile that is owned and used by the United States, an Indian tribal
government, another state, or a political subdivision thereof that is exempt from registration
under section 84.82, subdivision 6;
(2) a collector snowmobile that is operated as provided in a special permit issued for the
collector snowmobile under section 84.82, subdivision 7a;
(3) a person operating a snowmobile only on the portion of a trail that is owned by the
person or the person's spouse, child, or parent; or
(4) a snowmobile while being used to groom a state or grant-in-aid trail.
deleted text begin
The state trail sticker shall be permanently affixed to
either:
deleted text end
deleted text begin
(1) the forward half of the snowmobile directly above or below the headlight of the
snowmobile;
deleted text end
deleted text begin
(2) above the expiration year on the top portion of the snowmobile registration validation
decal; or
deleted text end
deleted text begin
(3) the lower right corner of a registration plate issued to a dealer or manufacturer under
section 84.82, subdivision 3.
deleted text end
The commissioner may appoint agents to issue and sell state
trail deleted text begin stickersdeleted text end new text begin passesnew text end . The commissioner may revoke the appointment of an agent at any time.
The commissioner may adopt additional rules as provided in section 97A.485, subdivision
11. An agent shall observe all rules adopted by the commissioner for accounting and handling
of deleted text begin stickersdeleted text end new text begin passesnew text end pursuant to section 97A.485, subdivision 11. An agent shall promptly
deposit and remit all money received from the sale of the deleted text begin stickersdeleted text end new text begin passesnew text end , exclusive of the
issuing fee, to the commissioner.
The commissioner and agents shall issue and sell
snowmobile state trail deleted text begin stickersdeleted text end new text begin passesnew text end .
In addition to the fee for a deleted text begin stickerdeleted text end new text begin passnew text end , an issuing fee of $1 per
deleted text begin stickerdeleted text end new text begin passnew text end shall be charged. The issuing fee may be retained by the seller of the deleted text begin stickerdeleted text end new text begin
passnew text end . Issuing fees for deleted text begin stickersdeleted text end new text begin passesnew text end issued by the commissioner shall be deposited in the
snowmobile trails and enforcement account in the natural resources fund and retained for
the operation of the electronic licensing system.
The commissioner and agents shall issue
a duplicate deleted text begin stickerdeleted text end new text begin passnew text end to persons whose deleted text begin stickerdeleted text end new text begin passnew text end is lost or destroyed using the process
established under section 97A.405, subdivision 3, and rules promulgated thereunder. The
fee for a duplicate state trail deleted text begin stickerdeleted text end new text begin passnew text end is $2, with an issuing fee of 50 cents.
Minnesota Statutes 2022, section 84.83, subdivision 2, is amended to read:
Fees from the registration of snowmobiles and
from the issuance of snowmobile state trail deleted text begin stickersdeleted text end new text begin passesnew text end and the unrefunded gasoline tax
attributable to snowmobile use pursuant to section 296A.18 shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement account.
Minnesota Statutes 2023 Supplement, section 84.83, subdivision 3, is amended
to read:
(a) The money deposited in the account and interest
earned on that money may be expended only as appropriated by law for the following
purposes:
(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails that are determined by the commissioner to be part of
the state's grant-in-aid system, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jack. The commissioner
may establish a performance-based funding formula for annual grants-in-aid. The procedures
and criteria for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
(i) determine annual grant amounts based on a funding formula that includes consideration
of historical costs, snowfall, use, and tourism;
(ii) make grant payments based on:
(A) successful completion of performance benchmarks;
(B) reimbursement of eligible expenditures; or
(C) a combination of subitems (A) and (B); and
(iii) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding;
(2) to acquire, develop, and maintain state recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) to administer and enforce sections 84.81 to 84.9011 and appropriated grants to local
law enforcement agencies.
(b) No less than 60 percent of revenue collected from snowmobile registration and
snowmobile state trail deleted text begin stickerdeleted text end new text begin passnew text end fees must be expended for grants-in-aid to develop,
maintain, and groom trails and acquire easements.
Minnesota Statutes 2022, section 84.922, subdivision 12, is amended to read:
The commissioner may issue a refund on a registration, not including
any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , if the refund request is received within 60 days of the original
registration, the registration is not used or transferred, and:
(1) the vehicle was registered incorrectly; or
(2) the vehicle was registered twice, once by the dealer and once by the customer.
Minnesota Statutes 2022, section 85.41, subdivision 1, is amended to read:
While skiing on cross-country-ski trails, a person
age 16 or over shall carry in immediate possession a validdeleted text begin , signeddeleted text end cross-country-ski pass.
A landowner who grants an easement for a grant-in-aid ski trail is not required to have a
pass when skiing on the landowner's property.
Minnesota Statutes 2022, section 85.41, subdivision 4, is amended to read:
The commissioner and agents shall issue and sell cross-country-ski
passes. The pass shall be with the skier and available for inspection by any peace or
conservation officer. The pass shall include the applicant's deleted text begin signature and otherdeleted text end information
deemed necessary by the commissioner.
Minnesota Statutes 2022, section 85.45, subdivision 1, is amended to read:
No person may ski on a cross-country-ski trail
without a validdeleted text begin , signeddeleted text end cross-country-ski pass. Any person who violates this subdivision is
guilty of a petty misdemeanor.
Minnesota Statutes 2022, section 85.46, subdivision 3, is amended to read:
The commissioner of natural resources and agents shall issue and
sell horse passes. The pass shall include the applicant's deleted text begin signature and otherdeleted text end information
deemed necessary by the commissioner. To be valid, a daily or annual pass must be deleted text begin signed
bydeleted text end new text begin issued tonew text end the person riding, leading, or driving the horse, and a commercial annual pass
must be deleted text begin signed bydeleted text end new text begin issued tonew text end the owner of the commercial riding facility.
Minnesota Statutes 2022, section 86B.415, subdivision 11, is amended to read:
The commissioner may issue a refund on a license or title, not
including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15,
paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , or 86B.870, subdivision 1, paragraph (b), if the refund request
is received within 60 days of the original license or title, the license or title is not used or
transferred, and:
(1) the watercraft was licensed or titled incorrectly;
(2) the customer was incorrectly charged a title fee; or
(3) the watercraft was licensed or titled twice, once by the dealer and once by the
customer.
Minnesota Statutes 2022, section 89.002, subdivision 3, is amended to read:
The commissioner shall provide a system of forest roads
and trails which provides access to state forest land and other forest land under the
commissioner's authority which is adequate to permit the commissioner to manage, protect,
and develop those lands and their forest resources consistent with the forest resource
management policy, and to meet demands for forest resources.new text begin The commissioner must
ensure that commercial minnow trappers, leech trappers, fur trappers, and loggers have
access to forest roads. If the commissioner or any other state agency requires a permit to
access state forest roads, the commissioner or state agency may issue a permit to any person
seeking access to the forest roads for these purposes.
new text end
Minnesota Statutes 2022, section 97A.015, subdivision 3a, is amended to read:
"Bonus permit" means a license to take deleted text begin and tagdeleted text end deer by archery
or firearms, in addition to deer authorized to be taken under regular firearms or archery
licenses, or a license issued under section 97A.441, subdivision 7.
Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision
to read:
new text begin
"Validation" means the documentation process for taking a
specific species under a license for that species, which can be completed electronically or
on the corresponding paper license, permit, or endorsement to include information specified
by the commissioner.
new text end
Minnesota Statutes 2022, section 97A.215, is amended by adding a subdivision
to read:
new text begin
During an inspection under subdivision 3, if a person uses
an electronic device to display a document to a conservation officer or peace officer:
new text end
new text begin
(1) the officer is immune from liability for any damage to the device, unless the officer
does not exercise due care in handling the device; and
new text end
new text begin
(2) it does not constitute consent for the officer to access other contents on the device.
new text end
Minnesota Statutes 2022, section 97A.255, subdivision 5, is amended to read:
When two or more people intentionally aid, advise,
counsel, conspire with, or act in concert with each other to unlawfully take, transport, or
possess wild animals when the restitution value of the wild animals exceeds $500, each
person is jointly and severally liable for the wild animals for purposes of:
(1) license seizurenew text begin , invalidation,new text end and revocation under sections 97A.420 and 97A.421;
(2) equipment and property seizure under section 97A.221;
(3) boat, motor, and trailer seizure under section 97A.225; and
(4) restitution under section 97A.341.
Minnesota Statutes 2023 Supplement, section 97A.405, subdivision 2, is amended
to read:
(a) A person acting under a license or traveling from an
area where a licensed activity was performed must have in personal possession:
(1) the proper paper licensedeleted text begin , if the license has been issued to and received by the persondeleted text end ;
(2) a driver's license or Minnesota identification card that bears a valid designation of
the proper lifetime license, as provided under section 171.07, subdivision 19;
(3) the proper paper license identification number or stamp validation, if the license has
been sold to the person by electronic means deleted text begin but the actual license has not been issued and
receiveddeleted text end ; or
(4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license.
(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer: (1) the proper paper
license deleted text begin if the license has been issued to and received by the persondeleted text end ; (2) a driver's license or
Minnesota identification card that bears a valid designation of the proper lifetime license,
as provided under section 171.07, subdivision 19; (3) the proper paper license identification
number or stamp validation and a valid state driver's license, state identification card, or
other form of identification provided by the commissionerdeleted text begin , if the license has been sold to
the person by electronic means but the actual license has not been issued and receiveddeleted text end ; or
(4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest, or
satisfactory proof that at the time of the arrest the person was validly licensed. Upon request
of a conservation officer or peace officer, a licensee shall write the licensee's name in the
presence of the officer to determine the identity of the licensee.
(c) Except as provided in paragraph (a), clauses (2) and (4), if the actual license has been
issued and received, a receipt for license fees, a copy of a license, or evidence showing the
issuance of a license, including the license identification number or stamp validation, does
not entitle a licensee to exercise the rights or privileges conferred by a license.
(d) deleted text begin A paper license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license.deleted text end A pictorial migratory
waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee
after purchase of a stamp validation only if the licensee pays an additional fee that covers
the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be
purchased for a fee that covers the costs of producing and mailing the pictorial stamp.
Notwithstanding section 16A.1283, the commissioner may, by written order published in
the State Register, establish fees for providing the pictorial stamps. The fees must be set in
an amount that does not recover significantly more or less than the cost of producing and
mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply.
Minnesota Statutes 2022, section 97A.405, subdivision 3, is amended to read:
The commissioner shall prescribe rules for issuing duplicate
licenses to persons whose licenses are lost or destroyed. deleted text begin A duplicate license may not be
issued unless the applicant takes an oath covering the facts of loss or destruction of the
license.
deleted text end
Minnesota Statutes 2022, section 97A.405, subdivision 4, is amended to read:
(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement deer license if the applicant deleted text begin submits the original deer license and unused tags
that are being replaced and the applicantdeleted text end pays any increase in cost between the original and
the replacement deer license. A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license.
(b) A replacement deer license may be issued only if the applicant has not deleted text begin used any tag
fromdeleted text end new text begin harvested a deer undernew text end the original deer license or licenses and meets the conditions
of paragraph (c). deleted text begin The original deer license or licenses and all unused tags for the deer licenses
being replaced must be submitted to the issuing agent at the time the replacement deer
license is issued.
deleted text end
(c) A replacement deer license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the season for the deer license being surrendered has not yet opened; or
(2) when the person is changing from a regular deer license to a youth deer license.
(d) Notwithstanding section 97A.411, subdivision 3, a replacement deer license is valid
immediately upon issuance if the deer license being surrendered is valid at that time.
Minnesota Statutes 2022, section 97A.405, subdivision 4a, is amended to read:
(a) The commissioner may permit licensed
turkey hunters to change permit areas, licenses, or time periods within the fall turkey season,
or within the spring turkey season. The commissioner may issue a replacement turkey license
if the applicant deleted text begin submits the original turkey license and unused tags that are being replaced,
and the applicantdeleted text end pays the fee for a replacement license under section 97A.475, subdivision
44.
(b) A replacement turkey license may be issued only if the applicant has not deleted text begin used the
tag fromdeleted text end new text begin harvested a turkey undernew text end the original turkey license and meets the requirements
of paragraph (c). deleted text begin The original turkey licenses and all unused tags for the turkey licenses
being replaced must be submitted to the issuing agent at the time the replacement turkey
license is issued.
deleted text end
(c) A turkey replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the permit area or time period for the turkey license being surrendered has not
yet opened; and
(2) licenses are available for the replacement turkey license permit area or time period
for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses, or (iii)
the applicant is a youth hunter age 17 or younger.
Minnesota Statutes 2022, section 97A.420, as amended by Laws 2023, chapter
60, article 4, section 50, is amended to read:
(a) An enforcement officer shall immediately
seize new text begin or invalidate new text end the license of a person who unlawfully takes, transports, or possesses
wild animals when the restitution value of the wild animals exceeds $500. Except as provided
in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same
type of wild animals involved, including a duplicate license, until an action is taken under
subdivision 6. If the license seized new text begin or invalidated new text end under this paragraph was for a big game
animal, the license seizure new text begin or invalidation new text end applies to all licenses to take big game issued to
the individual. If the license seized new text begin or invalidated new text end under this paragraph was for small game
animals, the license seizure new text begin or invalidation new text end applies to all licenses to take small game issued
to the individual.
(b) In addition to the license seizure new text begin or invalidation new text end under paragraph (a), if the restitution
value of the wild animals unlawfully taken, possessed, or transported is $1,000 or more, all
other game and fish licenses held by the person shall be immediately seizednew text begin or invalidatednew text end .
Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish
license or permit, including a duplicate license, until an action is taken under subdivision
6.
(c) A person may not take wild animals covered by a license seized new text begin or invalidated new text end under
this subdivision until an action is taken under subdivision 6.
(d) The commissioner must make a means of seizing new text begin or invalidating new text end and releasing a
paperless license under this section available to enforcement officers.
(a) At any time after the seizure new text begin or invalidation new text end of a
license under subdivision 1 and before revocation under section 97A.421, a person may
request in writing a review of the seizure new text begin or invalidation new text end under this section. Upon receiving
the request for review, the commissioner shall review the seizurenew text begin or invalidationnew text end , the evidence
upon which it was based, and other material information brought to the attention of the
commissioner, and determine whether sufficient cause exists to sustain the seizurenew text begin or
invalidationnew text end .
(b) Within 15 days after receiving the request for administrative review, the commissioner
shall issue a written report of the review and shall order that the seizure new text begin or invalidation new text end be
either sustained or rescinded.
(c) The review provided in this subdivision is not subject to the contested case provisions
of the Administrative Procedure Act under chapter 14. The availability of administrative
review does not preclude judicial review under this section.
(a) Within 30 days following the seizure new text begin or invalidation new text end of a
license under subdivision 1, a person may petition the court for review. The petition must
be filed with the district court administrator in the county where the incident occurred,
together with proof of service of a copy on the commissioner and the county attorney. A
responsive pleading is not required of the commissioner of natural resources and court fees
may not be charged for the appearance of the representative of the commissioner in the
matter.
(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the license seizurenew text begin or invalidationnew text end .
(c) The filing of the petition does not stay the license seizurenew text begin or invalidationnew text end . The judicial
review shall be conducted according to the Rules of Civil Procedure.
(a) A hearing under subdivision 3 must be before a district court judge
in the county where the incident occurred giving rise to the license seizurenew text begin or invalidationnew text end .
The hearing must be to the court and may be conducted at the same time as hearings upon
pretrial motions in a related criminal prosecution. The commissioner must be represented
by the county attorney.
(b) The hearing must be held at the earliest practicable date and in any event no later
than 60 days following the filing of the petition for review.
(c) The scope of the hearing must be limited to the issue of whether there is probable
cause to believe that the person had unlawfully taken, possessed, or transported wild animals
with a restitution value over $500.
(d) The court shall order that the license seizure new text begin or invalidation new text end be either sustained or
rescinded. Within 14 days following the hearing, the court shall forward a copy of the order
to the commissioner.
(e) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Civil Appellate Procedure.
At any time during the period
that a game or fish license is seized new text begin or invalidated new text end under subdivision 1, a person possessing
a commercial license issued under the game and fish laws may make a written request to
the commissioner to temporarily release the commercial license. If the commissioner
determines that the public welfare will not be injured, the commissioner may temporarily
reinstate the commercial license upon payment of a temporary reinstatement fee of $1,000
cash or bond in favor of the state for each commercial license to be released. An additional
fee is not required for vehicles licensed under section 97A.475, subdivision 26, clause (2)
or (4). If the license is returned under subdivision 6, paragraph (a), the temporary
reinstatement fee shall be returned to the licensee. If the license is revoked under subdivision
6, paragraph (b), the temporary reinstatement fee shall be deposited in the game and fish
fund and is not refundable.
(a) Upon
acquittal, dismissal, or determination not to charge a person for a violation, the license
seizure new text begin or invalidation new text end under subdivision 1 is immediately rescinded and any license seized
new text begin or invalidated new text end in connection with the incident must be returned to the licenseenew text begin or reinstatednew text end .
(b) Upon conviction of a violation when the restitution value of the wild animals exceeds
$500, revocation of licenses and license privileges must be imposed as provided under
section 97A.421, subdivision 2a.
Minnesota Statutes 2022, section 97A.445, is amended by adding a subdivision
to read:
new text begin
In the event of a disruption in the availability of hunting and
angling licenses, the commissioner may publish in the State Register a notice that exempts
residents and nonresidents from requirements to possess a license to take game or fish.
new text end
Minnesota Statutes 2022, section 97A.473, subdivision 1, is amended to read:
(a) The commissioner may issue
a lifetime angling license, a lifetime spearing license, a lifetime angling and spearing license,
a lifetime small-game-hunting license, a lifetime firearm or archery deer-hunting license,
a lifetime sporting license, or a lifetime sporting with spearing option license to a person
who is a resident of the state for at least one year or who is under age 21 and the child of a
person who is a resident of the state for at least one year. The license fees paid for a lifetime
license are nonrefundable.
(b) The commissioner may require the holder of a lifetime license issued under this
section to notify the department each year that the license is used, by:
(1) telephone or Internet notification, as specified by the commissioner;
(2) the purchase of stamps for the license; or
(3) registration deleted text begin and tag issuancedeleted text end , in the case of the resident lifetime deer license.
Minnesota Statutes 2022, section 97A.473, subdivision 3, is amended to read:
(a) A resident lifetime
small-game-hunting license authorizes a person to hunt and trap small game, other than
wolves, in the state. The license authorizes those hunting and trapping activities authorized
by the annual resident small-game-hunting license and the trapping license for fur-bearing
animals other than wolves. The license does not include deleted text begin a turkey stamp validation ordeleted text end any
deleted text begin otherdeleted text end hunting stamps required by law.
(b) The fees for a resident lifetime small-game-hunting license are:
(1) age 3 and under, $223;
(2) age 4 to age 15, $301;
(3) age 16 to age 50, $430; and
(4) age 51 and over, $274.
Minnesota Statutes 2022, section 97A.473, subdivision 4, is amended to read:
(a) A resident lifetime deer-hunting license
authorizes a person to take deer with firearms or by archery in the state. The license
authorizes those activities authorized by the annual resident firearm deer-hunting license
or the annual resident archery deer-hunting license. The licensee must deleted text begin register and receive
tagsdeleted text end new text begin review and confirm informationnew text end each year that the license is used. deleted text begin The tags shall be
issued at no charge to the licensee.
deleted text end
(b) The fees for a resident lifetime firearm or archery deer-hunting license are:
(1) age 3 and under, $458;
(2) age 4 to age 15, $607;
(3) age 16 to age 50, $741; and
(4) age 51 and over, $528.
Minnesota Statutes 2022, section 97A.473, subdivision 5, is amended to read:
(a) A resident lifetime sporting license authorizes
a person to take fish by angling and hunt and trap small game, other than wolves, in the
state. The license authorizes those activities authorized by the annual resident angling and
resident small-game-hunting licenses and the resident trapping license for fur-bearing
animals other than wolves. The license does not include a trout-and-salmon stamp validation,
deleted text begin a turkey stamp validation,deleted text end a walleye stamp validation, or any other deleted text begin huntingdeleted text end stamps required
by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $522;
(2) age 4 to age 15, $710;
(3) age 16 to age 50, $927; and
(4) age 51 and over, $603.
Minnesota Statutes 2022, section 97A.473, subdivision 5a, is amended to read:
(a) A resident lifetime
sporting with spearing option license authorizes a person to take fish by angling or spearing
and hunt and trap small game, other than wolves, in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, and resident
small-game-hunting licenses and the resident trapping license for fur-bearing animals other
than wolves. The license does not include a trout-and-salmon stamp validation, deleted text begin a turkey
stamp validation,deleted text end a walleye stamp validation, or any other deleted text begin huntingdeleted text end stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, $612;
(2) age 4 to age 15, $833;
(3) age 16 to age 50, $1,046; and
(4) age 51 and over, $666.
Minnesota Statutes 2022, section 97A.474, subdivision 3, is amended to read:
(a) A nonresident
lifetime small-game-hunting license authorizes a person to hunt small game in the state.
The license authorizes those hunting activities authorized by the annual nonresident
small-game-hunting license. The license does not include deleted text begin a turkey stamp validation ordeleted text end any
deleted text begin otherdeleted text end hunting stamps required by law.
(b) The fees for a nonresident lifetime small-game-hunting license are:
(1) age 3 and under, $947;
(2) age 4 to age 15, $1,280;
(3) age 16 to age 50, $1,633; and
(4) age 51 and over, $1,083.
Minnesota Statutes 2022, section 97A.481, is amended to read:
All information required on a license application form must be furnished. The deleted text begin application
must be made in writing anddeleted text end new text begin applicantnew text end is subject to the penalty prescribed in section 97A.301,
subdivision 1, clause (5).
Minnesota Statutes 2022, section 97A.485, subdivision 6, is amended to read:
(a) Persons authorized to sell licenses
under this section must issue the following licenses for the license fee and the following
issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1;
(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;
(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires
a license purchase at the time of application and the license purchase requires an application
fee;
(5) for a prairie-chicken license, the issuing fee is $1;
(6) for a turkey license, the issuing fee is $1;
(7) for an elk license, the issuing fee is $1;
(8) for a moose license, the issuing fee is $1;
(9) for a wolf license, the issuing fee is $1;
(10) for a stamp validation that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(11) for stamp validations issued simultaneously with a license, there is no fee;
(12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441,
subdivisions 1 to 6a, or 97A.465, there is no fee;
(13) for lifetime licenses, there is no fee; and
(14) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the
authorized seller.
(b) Only one issuing fee may be collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing
fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
deleted text begin
(g) The commissioner may issue one-day angling licenses in books of ten licenses each
to fishing guides operating charter boats upon receipt of payment of all license fees, excluding
the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The commissioner shall refund the charter boat captain for
the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the
commissioner for one year.
deleted text end
Minnesota Statutes 2022, section 97A.535, subdivision 1, is amended to read:
(a) A person may not possess or transport
deer, bear, elk, or moose taken in the state unless deleted text begin a tag is attached to the carcass in a mannerdeleted text end new text begin
the person has the required license and validation for that animal asnew text end prescribed by the
commissioner. deleted text begin The commissioner must prescribe the type of tag that has the license number
of the owner, the year of its issue, and other information prescribed by the commissioner.
deleted text end
(b) The deleted text begin tagdeleted text end new text begin licensenew text end must be validated at the site of the kill as prescribed by the
commissioner.
deleted text begin
(c) Except as otherwise provided in this section, the tag must be attached to the deer,
bear, elk, or moose at the site of the kill before the animal is removed from the site of the
kill.
deleted text end
deleted text begin
(d) The tag must remain attached to the animal until the animal is processed for storage.
deleted text end
deleted text begin
(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of manually or
mechanically dragging, carrying, or carting the animal across the ground and while possessing
the validated tag on their person. A motor vehicle may be used to drag the animal across
the ground. At all other times, the validated tag must be attached to the deer, bear, elk, or
moose:
deleted text end
deleted text begin
(1) as otherwise provided in this section; and
deleted text end
deleted text begin
(2) prior to the animal being placed onto and transported on a motor vehicle, being hung
from a tree or other structure or device, or being brought into a camp or yard or other place
of habitation.
deleted text end
Minnesota Statutes 2022, section 97A.535, subdivision 2, is amended to read:
Deer, bear, elk, and moose must be registered as
prescribed by the commissionerdeleted text begin , in addition to the tag required in subdivision 1deleted text end .
Minnesota Statutes 2022, section 97A.535, subdivision 2a, is amended to read:
A deer that has been deleted text begin taggeddeleted text end new text begin validatednew text end as required
in subdivision 1 may be quartered at the site of the kill. The animal's head must remain
attached to one of the quarters. The quarters must be presented together for registration
under subdivision 2 and must remain together until the deer is processed for storage.
Minnesota Statutes 2022, section 97A.535, subdivision 4, is amended to read:
A person other than the licensee
may transport deer, bear, elk, or moose that the licensee has registered as prescribed by the
commissioner. deleted text begin A tag must be attached to the animal and marked in inkdeleted text end new text begin The person
transporting the animal must possess documentationnew text end with the address, license number,
deleted text begin signaturedeleted text end new text begin and full legal namenew text end of the licenseedeleted text begin ,deleted text end and the locations from which and to which
the animal is being transported.
Minnesota Statutes 2022, section 97A.551, subdivision 6, is amended to read:
The commissioner may, by rule, require persons
taking, possessing, and transporting certain species of fish to deleted text begin tag the fish with a special fish
management tag and may require registration of taggeddeleted text end new text begin possess an endorsement for and
register thenew text end fish. A person may not possess or transport a fish species taken in the state for
which a special fish-management deleted text begin tagdeleted text end new text begin registrationnew text end is required unless deleted text begin a tag is attached todeleted text end the
fish new text begin is registered or validated new text end in a manner prescribed by the commissioner. The commissioner
shall prescribe the manner of issuance and the type of deleted text begin tagdeleted text end new text begin endorsementnew text end as authorized under
section 97C.087. deleted text begin The tag must be attached to the fish as prescribed by the commissionerdeleted text end
Immediately upon reducing the fish to possessionnew text begin , the licensee must validate the licensenew text end
and new text begin the license new text end must remain deleted text begin attached todeleted text end new text begin withnew text end the fish until the fish is deleted text begin processed or consumeddeleted text end new text begin
registerednew text end . Species for which a special fish management deleted text begin tagdeleted text end new text begin registrationnew text end is required must
be transported undressed, except as otherwise prescribed by the commissioner.
Minnesota Statutes 2022, section 97B.303, is amended to read:
An individual who legally takes a deer may donate the deer, for distribution to charitable
food assistance programs, to a meat processor that is licensed under chapter 28A. An
individual donating a deer must supply the processor with the deleted text begin tagdeleted text end new text begin licensee's DNRnew text end number
under which the deer was taken.
Minnesota Statutes 2022, section 97B.401, is amended to read:
(a) A person may not take bear without a bear license except as provided in section
97B.415 to protect property.
(b) A person may not place bait for bears on or after the Friday nearest August 14 unless
the person has a bear license or is operating under the direction of a person with a valid bear
license.
(c) An application for a bear license must be deleted text begin on a form provideddeleted text end new text begin made in the manner
prescribednew text end by the commissioner and accompanied by a $4 application fee. A person may
not make more than one application for each season. If a person makes more than one
application, the person is ineligible for a license for that season after determination by the
commissioner, without a hearing.
Minnesota Statutes 2022, section 97B.603, is amended to read:
(a) While two or more persons are taking small game as a party and maintaining unaided
visual and vocal contact, a member of the party may take and possess more than one limit
of small game, but the total number of small game taken and possessed by the party may
not exceed the limit of the number of persons in the party that may take and possess small
game.
(b) This section does not apply to hunting wolves, migratory game birds, or turkeys,
except that a licensed turkey hunter may assist another licensed turkey hunter and a licensed
wolf hunter may assist another licensed wolf hunter for the same zone and time period as
long as the hunter does not shoot or deleted text begin tagdeleted text end new text begin registernew text end a turkey or wolf for the other hunter.
Minnesota Statutes 2022, section 97B.716, subdivision 2, is amended to read:
The commissioner may by rule prescribe
requirements for the deleted text begin tagging anddeleted text end registration of prairie chickens.
Minnesota Statutes 2022, section 97B.721, is amended to read:
(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person may
not take a turkey without possessing a turkey license.
(b) An unlicensed adult age 18 or older may assist a licensed wild-turkey hunter. The
unlicensed adult may not shoot or possess a firearm or bow while assisting a hunter under
this paragraph and may not charge a fee for the assistance.
(c) The commissioner may by rule prescribe requirements for the deleted text begin taggingdeleted text end new text begin validationnew text end and
registration of turkeys.
Minnesota Statutes 2022, section 97C.087, is amended to read:
If the commissioner determines it is
necessary to require that a species of fish be deleted text begin tagged with a special fish management tagdeleted text end new text begin
registerednew text end , the commissioner shall prescribe, by rule, the species to be deleted text begin taggeddeleted text end new text begin registerednew text end ,
deleted text begin taggingdeleted text end new text begin registrationnew text end procedures, and new text begin endorsement new text end eligibility requirements.
Application for new text begin a new text end special fish management
deleted text begin tagsdeleted text end new text begin endorsementnew text end must be accompanied by a $5, nonrefundable application fee for each deleted text begin tagdeleted text end new text begin
endorsementnew text end . A person may not make more than one deleted text begin tagdeleted text end new text begin endorsementnew text end application each
calendar year. If a person makes more than one application, the person is ineligible for a
special fish management deleted text begin tagdeleted text end new text begin endorsementnew text end for that calendar year after determination by the
commissioner, without a hearing.
Minnesota Statutes 2022, section 97C.301, subdivision 2a, is amended to read:
(a) A nonresident license to take fish
issued under section 97A.475, subdivision 7, includes aquatic invasive species affirmation
as provided in section 84D.106.
(b) The aquatic invasive species affirmation portion of the license must be displayed
with the deleted text begin signeddeleted text end nonresident license to take fish issued under section 97A.475, subdivision
7. The aquatic invasive species affirmation will be provided at the time of purchase of a
new or duplicate nonresident license.
(c) If a license is purchased online, the aquatic invasive species affirmation may be
completed electronically as part of the online sales process, and the electronic record of the
license sale is sufficient for documenting the affirmation.
(d) Failure to complete the aquatic invasive species affirmation in this subdivision is
subject to the penalty prescribed in section 84D.13, subdivision 5.
Minnesota Statutes 2022, section 97C.355, subdivision 2, is amended to read:
(a) A person may not place a dark house, fish house, or
shelter, except a portable shelter, on the ice unless deleted text begin the house or shelterdeleted text end :
(1) new text begin the house or shelter new text end is licensednew text begin by the shelter ownernew text end ; and
(2) deleted text begin has the license tag attached to the exterior in a readily visible location, except as
provided in this subdivisiondeleted text end new text begin the owners' information is displayed according to subdivision
1new text end .
(b) deleted text begin The commissioner must issue a tag with a dark house, fish house, or shelter license,
marked with a number to correspond with the license and the year of issue.deleted text end A dark house,
fish house, or shelter license is not required of a resident on boundary waters where the
adjacent state does not charge a fee for the same activity.
new text begin
The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules conforming to
this article. Minnesota Statutes, section 14.386, does not apply to rules adopted under this
section, except as provided under Minnesota Statutes, section 14.388.
new text end
new text begin
Minnesota Statutes 2022, sections 97A.015, subdivision 27a; and 97A.485, subdivision
13,
new text end
new text begin
are repealed.
new text end
new text begin
Sections 1 to 52 are effective upon full implementation of the replacement electronic
license system. The commissioner of natural resources must notify the revisor of statutes
when the replacement electronic license system is fully implemented.
new text end
Minnesota Statutes 2022, section 103B.101, subdivision 13, is amended to read:
new text begin (a) new text end The Board of Water and Soil
Resources shall work with drainage stakeholders to foster mutual understanding and provide
recommendations for drainage system management and related water management, including
recommendations for updating the drainage law in chapter 103Enew text begin , the Minnesota Public
Drainage Manual,new text end and other related provisions. The board may convene informal working
groups or work teams to develop information, education, and recommendations.
new text begin
(b) For the purposes of this subdivision, the Minnesota Public Drainage Manual is a
publication that is prepared by and adopted by the board and that includes explanations,
procedures, and guidance consistent with and supplementing the provisions of chapter 103E.
The manual must include best management practices and be prepared in consultation with
drainage stakeholders according to paragraph (a) for use by drainage authorities in carrying
out statutory duties.
new text end
Minnesota Statutes 2022, section 103C.005, is amended to read:
Maintaining and enhancing the quality of soil and water for the environmental and
economic benefits they produce, preventing degradation, and restoring degraded soil and
water resources of this state contribute greatly to the health, safety, economic well-being,
and general welfare of this state and its citizens. Land occupiers have the responsibility to
implement practices that conserve the soil and water resources of the state. Soil and water
conservation measures implemented on private lands in this state provide benefits to the
general public by reducing erosion, sedimentation, siltation, water pollution, and damages
caused by floods. The soil and water conservation policy of the state is to encourage land
occupiers to conserve soil, water, and the natural resources they support through the
implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to
preserve natural resources;
(2) ensure continued soilnew text begin health, as defined under section 103C.101, subdivision 10a,
and soilnew text end productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
Minnesota Statutes 2022, section 103C.221, is amended to read:
The location of the principal office of the district deleted text begin boarddeleted text end may be changed deleted text begin with the approval
of the state boarddeleted text end after the adoption of a resolution by a majority of the district board stating
the new locationnew text begin within the districtnew text end and by filing a certified copy of the resolution with the
secretary of state.
Minnesota Statutes 2022, section 103C.331, subdivision 3, is amended to read:
A district may conduct surveys,
investigations, and research to identify the problems and preventive practices specified in
section deleted text begin 103A.206deleted text end new text begin 103C.005new text end . deleted text begin To avoid duplication of research activities, no district shall
initiate any research program except in cooperation with a state agency or an agency of the
United States.
deleted text end
Minnesota Statutes 2022, section 103C.331, subdivision 5, is amended to read:
A district may conduct demonstration projects within
the district on lands owned or administered by a state agency, with the cooperation of the
administering agency, and on other lands with the consent of the land occupier, to
demonstrate practices which implement the state policy specified in section deleted text begin 103A.206deleted text end new text begin
103C.005new text end .
Minnesota Statutes 2022, section 103C.331, subdivision 6, is amended to read:
A district may implement any necessary practices
within the district, including structural measures and works of improvement deleted text begin for any purpose
specified in section 103A.206, methods of cultivation, the use of vegetation, and changes
in use of landdeleted text end new text begin to achieve the purposes of this chapter and fulfill other statutory responsibilitiesnew text end ,
on:
(1) lands acquired by the district;
(2) lands owned or administered by a deleted text begin statedeleted text end new text begin publicnew text end agency, with the cooperation of the
administering agency; and
(3) other lands, with the consent of the land occupier.
Minnesota Statutes 2022, section 103C.331, subdivision 7, is amended to read:
A district may cooperate
or enter into agreements with and furnish financial or other aid to a land occupier or
appropriate agencydeleted text begin ,deleted text end to implement deleted text begin the policy specified in section 103A.206, within the districtdeleted text end new text begin
this chapter and fulfill other statutory responsibilitiesnew text end , subject to conditions the district board
determines deleted text begin isdeleted text end new text begin arenew text end necessary.
Minnesota Statutes 2022, section 103C.331, subdivision 8, is amended to read:
A district may acquire any rights or
interests in real or personal property by option, purchase, exchange, lease, gift, grant, bequest,
devise, or otherwise. It may maintain, operate, administer, and improve any properties
acquired. It may receive income from the properties and expend the income to implement
this chapter and deleted text begin sections 103F.401 to 103F.455deleted text end new text begin fulfill other statutory responsibilitiesnew text end . It
may sell, lease, or otherwise dispose of any of its property or interests.
Minnesota Statutes 2022, section 103C.331, subdivision 9, is amended to read:
A district may make available, on terms it
deleted text begin shall prescribedeleted text end new text begin prescribesnew text end , to land occupiers within the districtdeleted text begin ,deleted text end agricultural and engineering
machinery and equipment, fertilizer, seeds, deleted text begin anddeleted text end seedlings, and other material or equipment
deleted text begin which will assistdeleted text end new text begin that helpsnew text end land occupiers deleted text begin todeleted text end implement practices on their land deleted text begin specified in
section 103C.005deleted text end new text begin to implement this chapter and fulfill other statutory responsibilitiesnew text end .
Minnesota Statutes 2022, section 103C.331, subdivision 10, is amended to read:
A district may construct, install, improve,
maintain, and operate structures and works necessary or convenient to perform an operation
authorized under this chapter and deleted text begin sections 103F.401 to 103F.455deleted text end new text begin other statutory authoritynew text end .
Minnesota Statutes 2022, section 103C.331, subdivision 11, is amended to read:
(a) A district may develop and revise a comprehensive
plandeleted text begin , specifying practicesdeleted text end to deleted text begin implement the state policy specified in section 103A.206deleted text end deleted text begin ,
includingdeleted text end new text begin fulfill statutory responsibilities. The plan may includenew text end :
(1) the construction, maintenance, and operation of structural measures;
(2) methods of cultivation;
(3) the use of vegetation;
(4) cropping programs;
(5) mechanical practices;
(6) changes in use of land;
(7) water quality improvement practices;
(8) other land use, soil erosion reduction, and agricultural practices; deleted text begin and
deleted text end
(9) related technical standards and specificationsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(10) other practices, projects, programs, and systems to fulfill statutory responsibilities.
new text end
deleted text begin
(b) The plan shall include a classification of the soil types within the district as determined
by the Minnesota Cooperative Soil Survey.
deleted text end
deleted text begin
(c) The plan must identify the areas within the district where erosion, sedimentation,
and related water quality problems appear most in need of control methods.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end The plan deleted text begin shalldeleted text end new text begin mustnew text end be consistent with the statewide deleted text begin framework water resources
plan, the statewide water quality management plan, and the state board's soil and water
program plandeleted text end new text begin frameworks as provided in chapter 103Bnew text end .
deleted text begin
(e) Each district that applies for cost-sharing funds under section 103C.501 shall submit
to the state board an annual work plan for the high priority erosion, sedimentation, and water
quality problems in the district. The work plan shall be prepared as required by the rules of
the state board. In preparing the annual work plan, the district shall actively identify and
seek out land occupiers with high priority erosion problems who have not participated in
cost-sharing contracts and encourage their participation in programs to control their erosion
problems.
deleted text end
new text begin
(c) At least 60 days before submitting the plan to the state board, the district must hold
a public hearing on the plan and provide notice of the hearing via the district's website. The
district must give notice of the hearing to the county and all affected cities and towns. To
allow for public input, the district must also administer a review and comment period of at
least 30 days before submitting the plan.
new text end
new text begin
(d) The district must submit the plan to the state board for review and approval before
adopting the plan at a district meeting.
new text end
Minnesota Statutes 2022, section 103C.331, subdivision 12, is amended to read:
(a) A district may take over by
purchase, lease, or otherwise, and may improve, maintain, operate, and administer a soil or
water conservation, erosion-control, erosion-prevention, water quality improvement,
watershed protection, flood prevention, or flood control project in its boundaries undertaken
by the United States or by a deleted text begin statedeleted text end new text begin publicnew text end agency.
(b) A district may accept donations, gifts, grants, or contributions in money, services,
materials, or otherwise from the United States, a deleted text begin statedeleted text end new text begin publicnew text end agency, or other source to
accomplish deleted text begin the authorization in this sectiondeleted text end new text begin statutory responsibilitiesnew text end . A deleted text begin boarddeleted text end new text begin districtnew text end may
enter into a contract or agreement necessary or appropriate to accomplish the transfer. A
deleted text begin boarddeleted text end new text begin district new text end may use or expend money, services, materials, or other things to accomplish
an authorized purpose.
Minnesota Statutes 2022, section 103C.331, subdivision 13, is amended to read:
A district may sue and be sued in its name,
have perpetual succession unless terminated as provided in section 103C.225, make and
execute contracts and other instruments necessary or convenient to the exercise of its powers,
and make, amend, or repeal rules and regulations consistent with this chapter and deleted text begin sections
103F.401 to 103F.455deleted text end new text begin other statutory authoritynew text end .
Minnesota Statutes 2022, section 103C.331, subdivision 14, is amended to read:
As a condition for extending benefits
for the performance of worknew text begin , including operations and maintenance,new text end upon lands not owned
or administered by a deleted text begin statedeleted text end new text begin publicnew text end agency or the district, the deleted text begin supervisorsdeleted text end new text begin districtnew text end may require
compensation or contributions in money, services, materials, or otherwise, commensurate
with the cost or reasonable value of the operations or work conferring the benefits.
Minnesota Statutes 2022, section 103C.331, subdivision 15, is amended to read:
(a) A district may deleted text begin submit an
applicationdeleted text end new text begin apply fornew text end and enter into an agreement or contract deleted text begin with the secretary of agriculture
or other designated authoritydeleted text end to obtain or usenew text begin state ornew text end federalnew text begin funding ornew text end assistance under
any law providing fornew text begin state ornew text end federalnew text begin funding ornew text end assistance for an authorized purpose of the
district.
(b) A district may:
(1) acquire deleted text begin without cost to the federal governmentdeleted text end any land, easements, or rights-of-way
needed in connection with works of improvement installed with federalnew text begin or statenew text end assistancenew text begin
or fundingnew text end ;
(2) assume the proportionate share of the cost of installing works of improvement
involvingnew text begin state ornew text end federalnew text begin funding ornew text end assistance deleted text begin determined by the secretary or other
designated authority to bedeleted text end new text begin that isnew text end equitable in consideration of anticipated benefits from the
improvements;
(3) deleted text begin make arrangements satisfactory to the secretary or other authoritydeleted text end new text begin arrangenew text end to defray
costs of operating and maintaining works of improvement in accordance with prescribed
regulations;
(4) acquire or provide assurance that land occupiers have acquired the water rights and
other rights, pursuant to state law, needed to install, maintain, and operate the works of
improvement; and
(5) obtain agreements to carry out recommended soil and water conservation measures
and prepare farm plans for owners of not less than 50 percent or other required percentage
of the lands situated in a drainage area above a retention reservoir installed with federal
assistance, as prescribed by applicable federal law, and may do any other acts necessary to
secure and use federal aid.
Minnesota Statutes 2022, section 103C.331, subdivision 16, is amended to read:
The district deleted text begin boarddeleted text end shall annually present a budget consisting of an
itemized statement of district expenses for the ensuing calendar year to the boards of county
commissioners of the counties in which the district is located. The county boards may levy
an annual tax on all taxable real property in the district for the amount that the boards
determine is necessary to meet the requirements of the district. The amount levied shall be
collected and distributed to the district as prescribed by chapter 276. The amount may be
spent by the district deleted text begin boarddeleted text end for a district purpose authorized by law.
Minnesota Statutes 2022, section 103C.331, is amended by adding a subdivision
to read:
new text begin
A district may initiate, construct,
operate, and maintain water and soil resource management practices, projects, programs,
and systems within the boundaries of the district and use, supplement, or otherwise coordinate
contributions from state, federal, Tribal, or local governments and private entities for similar
purposes.
new text end
Minnesota Statutes 2022, section 103C.331, is amended by adding a subdivision
to read:
new text begin
The district may obtain loans when the district determines it is prudent
to accomplish its statutory duties.
new text end
Minnesota Statutes 2022, section 103D.011, subdivision 10, is amended to read:
"Engineer" means deleted text begin thedeleted text end new text begin a licensed professionalnew text end engineer new text begin as described
in section 326.02 and new text end designated by the managers to act as engineer.new text begin The board of managers
or the engineer may work in cooperation with other licensed professionals as described in
section 326.02 in the planning and design of a watershed district project.
new text end
Minnesota Statutes 2022, section 103D.201, subdivision 2, is amended to read:
A watershed district may be established for new text begin and use its
powers to advance new text end any of the following purposes:
(1) to control or alleviate damage from floodwatersnew text begin to promote climate resiliencenew text end ;
(2) to new text begin protect, new text end improve deleted text begin stream channelsdeleted text end new text begin , or restore watercourses and water basinsnew text end for
drainage, navigation, new text begin water quality, flood mitigation, new text end and any other public purpose;
(3) to deleted text begin reclaimdeleted text end new text begin manage impacts to, restore,new text end or deleted text begin filldeleted text end new text begin replacenew text end wet and overflowed land;
(4) to provide a water supply for irrigation;
(5) to regulatenew text begin and conservenew text end the flow of deleted text begin streams and conserve the streams' waterdeleted text end new text begin
watercoursesnew text end ;
deleted text begin
(6) to divert or change all or part of watercourses;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end to provide or conserve water supply for domestic, industrial, recreational,
agricultural, or other public use;
deleted text begin (8)deleted text end new text begin (7)new text end to provide for sanitation and public healthdeleted text begin ,deleted text end and regulate the use of streams, ditches,
or watercourses to dispose of waste;
deleted text begin (9)deleted text end new text begin (8)new text end to repair, improve, relocate, modify, consolidate, and abandon all or part of
drainage systems within a watershed district;
deleted text begin (10)deleted text end new text begin (9)new text end to control or alleviate soil erosion and siltation of watercourses or water basins;
deleted text begin (11)deleted text end new text begin (10)new text end to regulate improvements by riparian property owners of the beds, banks, and
shores of lakes, streams, and wetlands for preservation and beneficial public use;
deleted text begin (12)deleted text end new text begin (11)new text end to provide for hydroelectric power generation;
deleted text begin (13)deleted text end new text begin (12)new text end to protect or enhance the water quality in watercourses or water basins; deleted text begin and
deleted text end
deleted text begin (14)deleted text end new text begin (13)new text end to provide for the protection of groundwater and regulate its use to preserve it
for beneficial purposesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(14) to otherwise manage and protect surface waters and groundwaters for any beneficial
purpose.
new text end
Minnesota Statutes 2022, section 103D.205, subdivision 4, is amended to read:
The petitioners must file a copy of the
establishment petition with the auditors of the counties affected by the proposed watershed
districtdeleted text begin ,deleted text end new text begin and new text end the deleted text begin commissioner, and thedeleted text end director. The original establishment petition, with
a signed statement of delivery or receipt for each of the establishment petitions submitted
to the auditors of affected countiesdeleted text begin , the commissionersdeleted text end , and the deleted text begin directors,deleted text end new text begin directornew text end must be
filed with the board.
Minnesota Statutes 2022, section 103D.251, subdivision 5, is amended to read:
(a) A petition for a watershed boundary change must be
signed by:
(1) at least one-half of the counties within the proposed watershed district if the boundary
change were adopted;
(2) counties having at least 50 percent of the area within the proposed watershed district
if the boundary change were adopted;
(3) a majority of the cities within the proposed watershed district if the boundary change
were adopted;
(4) at least 50 resident owners new text begin or 50 percent of resident owners, whichever is less, new text end in
the deleted text begin proposed watershed district if thedeleted text end new text begin area to be added or removed by the proposednew text end boundary
change new text begin if it new text end were adopted, excluding resident owners within the corporate limits of a city,
if the city has signed the petition; or
(5) the managers of a watershed district affected by the proposed boundary change.
(b) The managers must pass a resolution authorizing the boundary change before the
managers sign a petition for a boundary change.
Minnesota Statutes 2022, section 103D.251, subdivision 6, is amended to read:
The board must set a time and location for a hearing and give notice
of the hearing in the same manner as an establishment hearing.new text begin The board must also give
notice of the hearing by mail at least ten days before the hearing to the watershed district
affected by the proposed boundary change.new text end If a petition for a boundary change involves a
common boundary of two or more watershed districts, the board must determine the
watershed district where the hearing will be held.
Minnesota Statutes 2022, section 103D.255, is amended to read:
(a) Proceedings to withdraw territory from an existing watershed
district must be initiated by a petition filed with the board.
(b) new text begin A majority of the managers may file a petition for withdrawal. Otherwise, new text end the required
signatures on a petition for withdrawal are the same as prescribed for an establishment
petition, but the percentages must be calculated only with reference to the territory that is
proposed to be withdrawn from the watershed district.
(c) The petition must state that:
(1) the territory described has not received or will not receive any benefits from the
operation of the watershed districts;
(2) the watershed district can perform the functions for which it was established without
the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(d) The petition must request the release of the described territory from the watershed
district.
(e) The petition must be served on the board and any affected watershed district, and
the board shall proceed as prescribed for an establishment petition. The requirements for
notices and public hearings are as prescribed for the establishment petition.new text begin The board must
also give notice of the hearing by mail at least ten days before the hearing to each watershed
district affected by the proposed withdrawal of territory.
new text end
(a) After the hearingnew text begin ,new text end the board may issue an
order releasing the territory, or a part of the territory, as described in the petition, if the
board determines that:
(1) the territory described in the petition has not received and will not receive any benefit
from the operation of the watershed district;
(2) the watershed district can perform the functions for which it was established without
the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(b) Property may not be released that has been determined subject to benefits or damages
for a project previously constructed.
(c) Property released remains liable for the proportionate share of any indebtedness
existing at the time of the order. Levies on the property released continue in force until fully
paid.
(d) If the board determines that the order prescribing the distribution of managers should
be amended following the withdrawal of any territory, the board may direct redistribution
of managers in the order authorizing the withdrawal.
new text begin
(e) The board must file a certified copy of the findings and order of withdrawal with the
secretary of state, the auditor of each county affected by the watershed district, the
commissioner, and the watershed district.
new text end
Minnesota Statutes 2022, section 103D.261, subdivision 1, is amended to read:
(a) Proceedings to enlarge an existing watershed district must
be initiated by a petition filed with the board. new text begin A majority of the managers may file a petition.
Otherwise, new text end the required signatures on a petition to enlarge are the same as for an
establishment petition, but the percentages must be calculated only with reference to the
territory that is proposed to be added to the watershed district. The petition must:
(1) state that the area to be added is contiguous to the existing watershed district;
(2) state that the area can be feasibly administered by the managers of the existing
watershed district;
(3) state reasons why adding the area to the existing watershed district would be
conducive to the public health and welfare;
(4) include a map of the affected area;
(5) state the name of the proposed enlarged watershed district, if other than that of the
existing watershed district; and
(6) state a request for the addition of the proposed territory.
(b) The petition must be served on the board and affected watershed districts, and the
board must proceed as prescribed for an establishment petition.
(c) The requirement of notice and public hearings is as prescribed for the establishment
petition.new text begin The board must also give notice of the hearing by mail at least ten days before the
hearing to each watershed district affected by the proposed enlargement.
new text end
Minnesota Statutes 2022, section 103D.261, subdivision 2, is amended to read:
(a) After the hearing, if the board determines that the enlargement
of the watershed district as asked for in the petition would be for the public welfare and
public interest and the purpose of this chapter would be served, the board shall, by making
findings and an order, enlarge the watershed district and file a certified copy of the findings
and order with the secretary of statenew text begin , the auditor of each county affected by the watershed
district, the director, and the watershed districtnew text end .
(b) The name of the watershed district may be changed by order of the board if requested
in the petition to enlarge the watershed district.
Minnesota Statutes 2022, section 103D.271, subdivision 7, is amended to read:
When the board determines a termination petition
has been filed that meets the requirements of subdivisions 4 and 5, the board must, by orderdeleted text begin ,
set a time bydeleted text end new text begin withinnew text end 35 days deleted text begin afterdeleted text end new text begin ofnew text end its determinationnew text begin , set a timenew text end and deleted text begin adeleted text end location within the
watershed district for a termination hearingnew text begin or, if publicly accessible facilities are not
available within the watershed district, at the nearest suitable publicly accessible facility.
The board must have each manager of the watershed district personally served with a copy
of the ordernew text end .
Minnesota Statutes 2022, section 103D.301, subdivision 1, is amended to read:
If more than one county is affected by
a watershed district, the board must provide that managers are distributed by residence
among the counties affected by the watershed districtnew text begin and in consideration of the counties'
portion of the land area and net tax capacity of the watershednew text end .
Minnesota Statutes 2022, section 103D.301, subdivision 3, is amended to read:
(a) After ten years from the establishment of the watershed
district, the county board of commissioners of a county affected by the watershed district
may petition the board to redistribute the managers. After holding a public hearing on
redistributing the managers, the board may redistribute the managers among the counties
affected by the watershed district if the redistribution is in accordance with the policy and
purposes of this chapter.
(b) A petition for the redistribution of managers may not be filed with the board more
often than once in ten years.
(c) If more than one county is affected by a watershed district, the board must distribute
the one-, two-, and three-year terms among counties affected by the watershed district.new text begin The
board may redistribute the three-year terms upon redistributing the managers among the
affected counties or upon increasing the number of managers.
new text end
Minnesota Statutes 2022, section 103D.305, subdivision 2, is amended to read:
The petition to increase the number of managers must
request the increase and be signed by one or more of the following groups:
(1) one-half or more of the counties within the watershed district;
(2) counties with 50 percent or more of the area within the watershed district;
(3) a majority or greater number of the cities within the watershed district;
(4) 50 or more resident owners residing in the watershed district, excluding resident
owners within the corporate limits of a city if the city has signed the petition; or
(5) the managers of the watershed districtnew text begin , by resolution adopted by a majority of the
managers of the watershed districtnew text end .
Minnesota Statutes 2022, section 103D.305, subdivision 5, is amended to read:
(a) If the board determines at the hearing that an increase in the
number of managers would benefit the public welfare, public interest, and the purpose of
this chapter, the board must increase the number of managers.new text begin The board must make findings
and an order accordingly and file a certified copy of the findings and order with the secretary
of state, the auditor of each county affected by the watershed district, the director, and the
watershed district. The board's order must prescribe the terms for the new managers to be
appointed by the designated county board or boards.
new text end
(b) If the watershed district affects more than one county, the board, by order, must
direct the distribution of the managers among the affected counties.
Minnesota Statutes 2022, section 103D.311, subdivision 4, is amended to read:
A record of all appointments made under this
section must be filed with the county auditor of each county affected by the watershed
district, the secretary new text begin or administrator new text end of the board of managers, and the Board of Water
and Soil Resources.
Minnesota Statutes 2022, section 103D.315, subdivision 9, is amended to read:
(a) Within deleted text begin tendeleted text end new text begin 30new text end days after the first board of
managers has received notice by personal service of their selection, the managers must meet
at the watershed district's principal place of business.
(b) At the first meeting, the managers must take the oath under subdivision 1, provide
a bond under subdivision 2, elect officers under subdivision 3, and appoint an advisory
committee under section 103D.331.
Minnesota Statutes 2022, section 103D.315, subdivision 10, is amended to read:
The managers shall meet annually and at other necessary times to
transact the business of the watershed district. A meeting may be called at any time at the
request of any managernew text begin according to chapter 13Dnew text end . deleted text begin When a manager requests a meeting, the
secretary of the watershed district must mail a notice of the meeting to each member at least
eight days before the meeting.
deleted text end
Minnesota Statutes 2022, section 103D.321, subdivision 1, is amended to read:
If deleted text begin publicdeleted text end new text begin publicly accessiblenew text end facilities are
not available for a watershed district's principal place of business within the watershed
district, the board shall determine and designate the nearest suitable deleted text begin publicdeleted text end new text begin publicly accessiblenew text end
facility as the watershed district's principal place of business.new text begin The principal place of business
is the location of the watershed district's office or, if the district has no office, the location
of regular meetings of the board of managers.
new text end
Minnesota Statutes 2022, section 103D.331, subdivision 2, is amended to read:
(a) The advisory committee consists of at least five members. If
practicable, the advisory committee members selected should include a representative from
each soil and water conservation district, a representative of each county, a member of a
sporting organization, deleted text begin anddeleted text end a member of a farm organizationnew text begin , and a representative of each
federally recognized Tribal government within the watershed districtnew text end . Other advisory
committee members may be appointed at the discretion of the managers. The members must
be residents of the watershed district, except representatives from new text begin Tribal nations, new text end soil and
water conservation districtsnew text begin ,new text end and counties, and serve at the pleasure of the managers.
(b) In addition, the managers may appoint other interested and technical persons who
may or may not reside within the watershed district to serve at the pleasure of the managers.
Minnesota Statutes 2022, section 103D.335, subdivision 11, is amended to read:
The managers may acquire by gift,
purchase, taking under the procedures of this chapter, or by the power of eminent domain,
necessary real and personal property.new text begin The managers may dispose of real or personal property
when the property no longer serves a purpose of the watershed district.new text end The watershed
district may acquire property outside the watershed district where necessary for a water
supply system.
Minnesota Statutes 2022, section 103D.341, subdivision 1, is amended to read:
The managers must adopt rules deleted text begin to accomplish the purposes
of this chapter anddeleted text end to implement the new text begin regulatory new text end powers of the managers.
Minnesota Statutes 2022, section 103D.345, subdivision 4, is amended to read:
The managers may require an applicant for a permit
to file a bond new text begin or other form of financial assurance new text end with the managers in an amount set by
the managers and conditioned on performance by the applicant of authorized activities in
conformance with the terms of the permit.
Minnesota Statutes 2022, section 103D.355, subdivision 1, is amended to read:
The managers must have an annual audit completed of
the books and accounts of the watershed district. The annual audit may be made by a private
certified public accountant or by the state auditor.new text begin The managers must submit the annual
audit report to the board and the state auditor's office within 180 days of the end of the
watershed district's fiscal year.
new text end
new text begin
After being provided an opportunity for a hearing before the appointing authority, a
manager of a watershed district may be removed from the position by a majority vote of
the appointing authority before term expiration for violation of a code of ethics of the
watershed district or appointing authority or for malfeasance, nonfeasance, or misfeasance.
new text end
Minnesota Statutes 2022, section 103D.401, is amended to read:
(a) The managers must adopt new text begin and maintain new text end a watershed
management plan deleted text begin for any or all ofdeleted text end new text begin to exercise the powers of a watershed district and fulfillnew text end
the purposes for which a watershed district may be established. The watershed management
plan must give a narrative description of existing water and water-related problems within
the watershed district, possible solutions to the problems, and the general objectives of the
watershed district. The watershed management plan must also conform closely with
watershed management plan guidelines as adopted and amended from time to time by the
Board of Water and Soil Resources.new text begin The authority to adopt and maintain a watershed
management plan under this section is retained notwithstanding a watershed district's
participation in a comprehensive watershed management planning program under section
103B.801.
new text end
(b) The watershed management plan may include a separate section on proposed projects.
deleted text begin If the watershed district is within the metropolitan area, the separate section of proposed
projects or petitions for projects to be undertaken according to the watershed management
plan is a comprehensive plan of the watershed district for purposes of review by the
Metropolitan Council under section 473.165.
deleted text end
The managers must send a copy of the proposed
watershed management plan new text begin for a 60-day review and comment period new text end to the county auditor
of each county affected by the watershed district, the board, deleted text begin the commissioner,deleted text end the director,
the governing body of each municipality affected by the watershed district, and soil and
water conservation districts affected by the watershed district. deleted text begin For a watershed district within
the metropolitan area, a copy of the proposed watershed management plan must also be
submitted to the Metropolitan Council.deleted text end new text begin At least ten days before the public hearing, the
watershed district must respond in writing to all comments by the reviewing parties.
new text end
deleted text begin
After receiving
the watershed management plan, the director and the Metropolitan Council must review
and make recommendations on the watershed management plan. By 60 days after receiving
the plan, the director and the Metropolitan Council must send their recommendations on
the watershed management plan to the board and a copy to the managers of the watershed
district, the county auditor of each county affected by the watershed district, the governing
bodies of all municipalities affected by the watershed district, and soil and water conservation
districts affected by the watershed district. The board may extend the period for review and
transmittal of the recommendations.
deleted text end
(a) The deleted text begin boarddeleted text end new text begin managers new text end must give notice and hold a deleted text begin watershed
management plandeleted text end hearing on the proposed watershed management plan deleted text begin by 45deleted text end new text begin no later than
60new text end days after deleted text begin receiving the director's and Metropolitan Council's recommendationsdeleted text end new text begin the close
of the 60-day review and comment periodnew text end .
(b) The deleted text begin boarddeleted text end new text begin managersnew text end must give notice of the deleted text begin watershed management plandeleted text end hearing by
publication in a legal newspaper that is published in counties affected by the watershed
district. The last publication must occur at least ten days before the deleted text begin watershed management
plandeleted text end hearing.
(c) The deleted text begin boarddeleted text end new text begin managersnew text end must give notice of the deleted text begin watershed management plandeleted text end hearing by
mail to the auditors of counties and to the chief executive officials of municipalities affected
by the watershed district.
(d) The notice must include:
(1) a statement that a copy of the proposed watershed management plan has been filed
with the board, deleted text begin the Metropolitan Council, where applicable,deleted text end the auditors of counties affected
by the proposed watershed district, the commissioner, the director, the governing body of
each municipality affected by the watershed district, and the soil and water conservation
districts affected by the watershed district;
(2) a general description of the purpose of the watershed district;
(3) a general description of the property included in the watershed district;
(4) a general description of the proposed watershed management plan;
(5) the date, time, and location of the hearing; and
(6) a statement that all persons affected or interested in the watershed district may attend
and give statements at the deleted text begin watershed management plandeleted text end hearing.
new text begin (a) new text end After the watershed management plan hearing, the deleted text begin boarddeleted text end new text begin
managersnew text end mustnew text begin submit the draft plan, any amendments to the draft plan, all written comments
received on the draft plan, a record of the public hearing, and a summary of changes
incorporated as a result of the review process to the board for final review. The board must
review the plan for conformance with this chapter.
new text end
new text begin (b) The board must not prescribe a plan but may disapprove all or parts of a plan that
the board finds does not conform with this chapter. The board must complete its review
within 90 days andnew text end , by order, deleted text begin prescribe anddeleted text end approvenew text begin , disapprove, or approve with conditionsnew text end
a watershed management plan for the watershed district. deleted text begin The board must send a copy of the
order and approved watershed management plan to the managers, the county board of each
county affected by the watershed district, the commissioner, the director, the Metropolitan
Council, where applicable, the governing body of each municipality affected by the watershed
district, and soil and water conservation districts affected by the watershed district. The
watershed management plan approved by the board is the watershed management plan for
the watershed district.
deleted text end
new text begin
(c) A watershed district may seek reconsideration of a decision of the board concerning
its plan or capital improvement program within 60 days of receiving the decision by filing
an appeal to the board's dispute resolution committee established under section 103B.101,
subdivision 10. The dispute resolution committee must complete its reconsideration and
make a recommendation to the board, which must issue a final decision within 90 days of
the appeal.
new text end
new text begin
Within 120 days of the board's order, the managers must adopt a
plan in compliance with the board's order. The managers must send a copy of the order and
approved watershed management plan to the board, the county board of each county affected
by the watershed district, the commissioner, the director, the governing body of each
municipality affected by the watershed district, and soil and water conservation districts
affected by the watershed district. The watershed management plan approved by the board
and adopted by the managers is the watershed management plan for the watershed district.
new text end
new text begin
(a) To the extent and in the manner required by the adopted
plan, all amendments to the adopted plan must be submitted to the towns, cities, counties,
and state review agencies and to the board for review according to subdivisions 2 to 5,
except when the proposed amendments are determined to be minor amendments according
to the following requirements:
new text end
new text begin
(1) the board has either agreed that the amendments are minor or failed to act within
five working days of the end of the comment period specified in clause (2), unless an
extension is mutually agreed upon with the watershed district;
new text end
new text begin
(2) the watershed district has sent copies of the amendments to the plan review authorities
for review and comment, allowing at least 30 days for receipt of comments; has indicated
that the minor amendment procedure is being followed; and has directed that comments be
sent to the watershed district and the board;
new text end
new text begin
(3) no county board has filed an objection to the amendments with the watershed district
and the board within the comment period specified in clause (2), unless an extension is
mutually agreed upon by the county and the watershed district; and
new text end
new text begin
(4) the watershed district has held a public meeting to explain the amendments and
published a legal notice of the meeting twice, at least seven days and 14 days before the
date of the meeting.
new text end
new text begin
(b) The following changes to a plan do not require an amendment, but must be distributed
to agencies and local units of government receiving an adopted plan under subdivision 6:
new text end
new text begin
(1) formatting or reorganizing the plan;
new text end
new text begin
(2) revising a procedure meant to streamline administration of the plan;
new text end
new text begin
(3) clarifying existing plan goals or policies;
new text end
new text begin
(4) including additional data not requiring interpretation;
new text end
new text begin
(5) expanding a public process; or
new text end
new text begin
(6) adjusting how a watershed district carries out program activities within the district's
discretion.
new text end
Minnesota Statutes 2022, section 103D.405, subdivision 1, is amended to read:
(a) The managers deleted text begin and the boarddeleted text end must revise the watershed
management plan for the watershed district at least once every ten years after the original
watershed management plan is approved. The revised watershed management plan of the
district must conform closely with adopted watershed management plan guidelines of the
board deleted text begin of Water and Soil Resourcesdeleted text end .
(b) The managers must include the following items in the revised watershed management
plan:
(1) updates and supplements of the existing hydrological and other statistical data of the
watershed district;
(2) specific projects and programs to be considered for implementation;
(3) a statement of the extent that the purposes for which the watershed district had been
established have been accomplished;
(4) a description of problems requiring future action by the watershed district;
(5) a summary of completed studies on active or planned projects, including financial
data; and
(6) an analysis of the effectiveness of the watershed district's rules and permits in
achieving its water management objectives in the watershed district.
(c) A revised watershed management plan must be transmitted, reviewed, recommended,
and approved as provided in subdivisions 2 to 4 and 6.
Minnesota Statutes 2022, section 103D.535, subdivision 3, is amended to read:
(a) If an appeal is taken from an order
authorizing a project, a trial of an appeal of benefits or damages from the proceedings must
be stayed until the appeal is decided. If the order authorizing the project is affirmed, a trial
of an appeal of benefits or damages may commence.
(b) If the appeal is from an order refusing to authorize a project and the court or the
board later orders the project, the secretary new text begin or administrator new text end of the watershed district shall
give notice by publication of the filing of the order. The notice is sufficient if it refers to
the proposed project by general description and recites the substance of the order and the
date of filing in the court.
Minnesota Statutes 2022, section 103D.701, is amended to read:
Projects may not be initiated until the board approves a watershed management plan for
the watershed district. deleted text begin The projectsdeleted text end new text begin A projectnew text end of the watershed district deleted text begin that are to be paid
for by assessment of the benefited propertiesdeleted text end must be initiated:
(1) by a project petition filed with the managers;
(2) by deleted text begin unanimousdeleted text end resolution ofnew text begin a majority of the members ofnew text end the new text begin board of new text end managers; or
(3) as otherwise prescribed by this chapter.
Minnesota Statutes 2022, section 103D.705, subdivision 1, is amended to read:
new text begin (a) new text end A project within the watershed district that generally
conforms with the watershed management plan may be initiated by a project petition. A
project petition must contain:
(1) a description of the proposed project and the purpose to be accomplished;
(2) a description of the property where the proposed project passes over or is located;
(3) a general description of the part of the watershed district that will be affected, if less
than the entire watershed district;
(4) the necessity for the proposed project;
(5) a statement that the proposed project will be conducive to public health, convenience,
and welfare; and
(6) a statement that the petitioners will pay all costs and expenses that may be incurred
if the proceedings are dismissed or a construction or implementation contract is not awarded
for the proposed project.
new text begin
(b) A petition may request that the managers adopt a resolution according to section
103D.707, subdivision 1, to allow sources of funding other than assessment to be used in
whole or in part for the project. Upon adopting a requested resolution, the managers must
release the deposit or bond required under subdivision 3.
new text end
Minnesota Statutes 2022, section 103D.705, is amended by adding a subdivision
to read:
new text begin
If the managers determine that a proper project petition has
been filed and that the proposed project promotes the public interest and welfare, is
practicable, and conforms with the watershed management plan of the watershed district,
the managers must:
new text end
new text begin
(1) identify the project by name and number; and
new text end
new text begin
(2) designate an engineer to make surveys, maps, and a report on the proposed project.
new text end
new text begin
A majority of the members of the board of managers may
initiate a project by a resolution finding that the project generally conforms with the
watershed management plan of the watershed district. The resolution must:
new text end
new text begin
(1) identify the project by name and number;
new text end
new text begin
(2) identify intended sources of project funding; and
new text end
new text begin
(3) designate an engineer to make surveys, maps, and a report on the proposed project.
new text end
new text begin
(a) A project initiated under this section may be funded from one or
more sources of funds available to the watershed district, including but not limited to levy,
assessment, a water management district charge, and external sources. The availability and
use of a source of funding must be as specified in applicable law.
new text end
new text begin
(b) The finding under subdivision 1 as to intended sources of funding is not binding on
the managers. However, the procedures of this chapter must be afforded to property owners
affected by any subsequent decision of the managers to expand the use of assessment.
new text end
new text begin
Procedures in section 103D.715 for appointing resident
appraisers and determining benefits apply to a project initiated by resolution of the managers
only if and to the extent that a project is to be funded in whole or part by assessment.
new text end
Minnesota Statutes 2022, section 103D.711, is amended to read:
deleted text begin
If the managers determine that a proper project petition
has been filed, the proposed project promotes the public interest and welfare, is practicable
and conforms with the watershed management plan of the watershed district, the managers
must:
deleted text end
deleted text begin
(1) identify the project proceeding by name and number; and
deleted text end
deleted text begin
(2) designate an engineer to make surveys, maps, and a report on the proposed project.
deleted text end
(a) The engineer's report must include findings and
recommendations about the proposed project. If the engineer finds the project feasible, the
engineer must provide a plan of the proposed project as part of the report. The plan must
include:
(1) a map of the project area, drawn to scale, showing the location of the proposed
improvements, if any;
(2) the estimated total cost of completing the project including construction, operation,
implementation, supervision, and administrative costs;
(3) the acreage required as right-of-way listed by each lot and 40-acre tract or fraction
of the lot or tract under separate ownership, if required to implement the project; and
(4) other details and information to inform the managers of the practicability and necessity
of the proposed project with the engineer's recommendations on these matters.
(b) The map of the area must include:
(1) the location and adequacy of the outlet, if the project is related to drainage;
(2) the watershed of the project area;
(3) the location of existing highways, bridges, and culverts;
(4) the property, highways, and utilities affected by the project with the names of the
known property owners;
(5) the location of public land and water affected by the project; and
(6) other physical characteristics of the watershed necessary to understand the area.
The engineer may adopt, approve, and include as
a part of the engineer's report a project of the state or federal government that is pertinent
to the project and may accept data, plats, plans, details, or information pertaining to the
state or federal project given to the deleted text begin engineerdeleted text end new text begin watershed district new text end by the state or federal agency.
The engineer deleted text begin shalldeleted text end new text begin maynew text end omit the items required in subdivision 2 from the engineer's report
if the data given by the state or federal government is sufficient to meet the requirements
of subdivision 2.
(a) Ifnew text begin the project has been
initiated by petition andnew text end the engineer's report is unfavorable, the managers shall, by order,
within 35 days set a time and place within the watershed district for a hearing for the
petitioners to demonstrate why the managers should not refer the petition back to the
petitioners for further proceedings or dismiss the petition.
(b) The hearing notice must state:
(1) that the engineer's report is unfavorable;
(2) that the engineer's report is on file with the managers and may be reviewed; and
(3) the time and place for the hearing.
(c) The managers shall mail a copy of the notice to each of the petitioners at least 14
days before the hearing.
(a) When the engineer's report is filed with the managers,
the managers shall send a complete copy to the director and to the board.
(b) The director and the board shall examine the engineer's report and by 30 days after
receiving the report, the director shall make a director's advisory report and the board shall
make a board's advisory report which must include:
(1) a statement on whether the engineer's report is incomplete and not in accordance
with this chapter;
(2) a statement of whether the engineer's report is approved as being a practical plan;
(3) if the project as planned does not meet approval, recommendations for changes
considered advisable must be stated or an opinion that the proposed project or improvement
is not practical; and
(4) a recommendation as to whether a soil survey appears advisable.
(c) The director's advisory report and the board's advisory report shall be directed to and
filed with the managers.
(d) The director's advisory report and the board's advisory report shall be considered
advisory only.
A notice may not be issued for the final
hearing until the board's advisory report and the director's advisory report are filed or the
time for filing the reports with the managers has expired.new text begin For projects initiated by the
managers according to section 103D.707, the managers may decide at any time not to
proceed to final hearing.
new text end
The findings, recommendations, and content of the engineering report
shall conform as nearly as practicable to the requirements of this section.
If a soil survey is recommended to be made in the director's advisory
report or the board's advisory report, the engineer shall make the soil survey and a soil
survey report. The soil survey report must be submitted to the managers before the final
hearing.
Minnesota Statutes 2022, section 103D.715, subdivision 1, is amended to read:
After the engineer's report is filed, new text begin if the project is proposed
to be funded in whole or in part by assessments of benefitted land owners, new text end the managers
shall, with the least possible delay, appoint three disinterested resident owners of the state
as appraisers.
Minnesota Statutes 2022, section 103D.729, subdivision 1, is amended to read:
A watershed district may establish a water management
district or districts in the territory within the watershed, for the purpose of collecting revenues
and paying the costs of projects initiated under section 103B.231, deleted text begin 103D.601, 103D.605,
103D.611,deleted text end new text begin 103D.701,new text end or 103D.730.
Minnesota Statutes 2022, section 103D.729, subdivision 2, is amended to read:
A watershed district may establish a water management district
only by amendment to its plan in accordance with section deleted text begin 103D.411, ordeleted text end new text begin 103D.401, ornew text end
103B.231 for watershed districts in the metropolitan area, and compliance with subdivisions
3 and 4. The amendment deleted text begin shalldeleted text end new text begin mustnew text end describe with particularity the territory or the area to
be included in the water management district, the amount of the necessary charges, the
methods used to determine charges, and the length of time the water management district
will remain in force. After adoptionnew text begin ,new text end the amendment deleted text begin shalldeleted text end new text begin mustnew text end be filed with the county
auditor and county recorder of each county affected by the water management district.
new text begin Charges must be collected according to section 444.075, subdivision 2a. new text end The water
management district may be dissolved by the procedure prescribed for the establishment of
the water management district.
Minnesota Statutes 2022, section 103D.731, is amended to read:
(a) The appraisers shall prepare an appraisers' report of the benefits and damages
determined and file the report with the managers.
(b) After the appraisers' report is filed, the managers shall examine the report and
determine whether:
(1) the report was made in conformity with the requirements of this chapter; and
(2) new text begin for each property to be assessed, new text end the deleted text begin totaldeleted text end benefits are greater than the deleted text begin total estimateddeleted text end
costs deleted text begin and damagesdeleted text end new text begin to be assessednew text end .
(c) If the managers determine the appraisers' report is inadequate in any manner, the
managers may return the report to the appraisers for further study and report.
Minnesota Statutes 2022, section 103D.745, subdivision 3, is amended to read:
(a) The managers shall make findings, order and direct
construction or implementation of the project, and confirm the deleted text begin engineer'sdeleted text end new text begin technicalnew text end report
and the findings of the appraisers and the appraisers' report if, at the end of the final hearing,
the managers find that the project will:
(1) be conducive to public health;
(2) promote the general welfare;
(3) be in compliance with this chapter; and
(4) new text begin for each property to be assessed, new text end result in benefits that will be greater than the cost
deleted text begin of the construction or implementation and damagesdeleted text end new text begin to be assessednew text end .
(b) The order may authorize the construction or implementation of the project as a whole
or authorize different parts of the project to be constructed separately.
(c) The managers shall order the engineer to proceed with making the necessary surveys
and preparing plans and specifications that are needed to construct the project and report
the results of the surveys and plans to the managers.
Minnesota Statutes 2022, section 103D.805, is amended to read:
An order of the managers establishing the project and authorizing construction must
immediately be filed with the secretary new text begin or administrator new text end of the watershed district, and a
certified copy of the order must be filed with the auditor of each county affected, the board,
the commissioner, the director, the Pollution Control Agency, and the commissioner of
health.
Minnesota Statutes 2022, section 103D.811, subdivision 3, is amended to read:
(a) At a time and place specified in the bid notice, the
managers may accept or reject any or all bids and may award the contract to the lowest
responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
deleted text begin with ample securitydeleted text end new text begin as required by section 574.26new text end , conditioned by satisfactory completion
of the contract.
(b) Bids must not be considered which in the aggregate exceed by more than 30 percent
the total estimated cost of construction or implementation.
(c) As an alternative to the procurement method described in paragraph (a), the managers
may issue a request for proposals and award the contract to the vendor or contractor offering
the best value as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
(d) The contract must be in writing and be accompanied by or refer to the plans and
specifications for the work to be done as prepared by the engineer for the watershed district.
The plans and specifications shall become a part of the contract.
(e) The contract deleted text begin shalldeleted text end new text begin mustnew text end be approved by the managers deleted text begin and signed by the president,
secretary, and contractordeleted text end .
Minnesota Statutes 2022, section 103D.901, subdivision 2, is amended to read:
After the assessment statement is filed with the auditor, the
county board of each affected county shall provide funds to meet its proportionate share of
the total cost of the project, as shown by the engineer's report and order of the managers.
The county may issue bonds of the county in the manner provided by section 103E.635. deleted text begin If
an improvement is to be constructed under section 103D.611, the provisions of section
103E.635 requiring the county board to award a contract for construction or implementation
before issuing bonds is not applicable to bonds issued to provide the funds required to be
furnished by this section.
deleted text end
Minnesota Statutes 2022, section 103E.729, subdivision 9, is amended to read:
This section expires on July 31, deleted text begin 2024deleted text end new text begin 2029new text end .
Minnesota Statutes 2022, section 103F.48, subdivision 1, is amended to read:
(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" means public waters that are on the public waters inventory as provided
in section 103G.201.
(j) "With jurisdiction" means a board determination that the county or watershed district
has adoptednew text begin and is implementingnew text end a rule, ordinance, or official controls 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 begin This determination is revocable by
board action if the adoption and implementation of a rule, an ordinance, or official controls
are not in compliance with the requirements of this section or board-adopted procedures.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Agricultural crop production" means an
agricultural activity that is devoted to producing horticultural, row, close-grown, introduced
pasture, or introduced hayland crops and includes but is not limited to tillage, planting, or
harvesting operations.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Agricultural land" means land devoted to the following
uses and includes any contiguous land associated with the uses:
new text end
new text begin
(1) pasture or hayland for domestic livestock or dairy animals;
new text end
new text begin
(2) producing agricultural crops;
new text end
new text begin
(3) growing nursery stocks; or
new text end
new text begin
(4) animal feedlots.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Approved practice" means a conservation practice that
may be established on an easement area and that meets the requirements of section 103F.527.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Conservation easement program" means:
new text end
new text begin
(1) the reinvest in Minnesota reserve program under section 103F.515;
new text end
new text begin
(2) the permanent wetlands preserve program under section 103F.516;
new text end
new text begin
(3) the reinvest in Minnesota clean energy program under section 103F.518; or
new text end
new text begin
(4) the reinvest in Minnesota working lands program under section 103F.519.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Conservation plan" means a written description and map
of approved practices that must be applied to or that already exist on an easement area.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Food plot" means an area established to provide food for wildlife.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Land with crop history" means land that has
produced horticultural, row, or close-grown crops or that has been enrolled at a cropland
rate in a federal or state conservation program for at least two of the five years preceding
an application to enroll the land in a conservation easement program. Land with crop history
includes acres devoted to set-aside or conserving use for programs of the United States
Department of Agriculture.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Pasture" means land that is used for grazing by domestic livestock
and that is not considered land with crop history.
new text end
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin
"Perennial cover" means:
new text end
new text begin
(1) existing or established perennial vegetation within the easement boundary; or
new text end
new text begin
(2) a restored or existing wetland or water-covered area within the easement boundary.
new text end
Minnesota Statutes 2022, section 103F.515, is amended to read:
The board, in consultation with the commissioner of
agriculture and the commissioner of natural resources, shall establish and administer the
reinvest in Minnesota reserve program. The board shall implement sections 103F.505 to
103F.531. Selection of land for the reinvest in Minnesota reserve program must be based
on its deleted text begin enhancement potential for fish, wildlife, and native plant habitats, reducing erosion,
and protecting water qualitydeleted text end new text begin benefit to accomplishing the purposes in section 103F.505new text end .
(a) Land may be placed in the reinvest in Minnesota reserve
program if the land meets the requirements of paragraphs (b) and (c) or paragraph (d).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either beneficial to resource protection
or necessary for efficient recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak or water quality improvement practice would be
beneficial to resource protection;
(5) is land in a sensitive groundwater area;
(6) is ripariannew text begin or floodplainnew text end land;
(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to eight
acres of cropland or deleted text begin one acre ofdeleted text end noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land, provided that funds are not used for
compensation of the value of the buildings; deleted text begin or
deleted text end
(10) is land used for pasturedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(11) is land in an environmentally sensitive area, including grasslands, peatlands,
shorelands, karst geology, trout stream watersheds, and forest lands in priority areas.
new text end
(c) Eligible land under paragraph (a) must:
(1) be owned by the landowner, or a parent or other blood relative of the landowner, for
at least one year before the date of application;
deleted text begin
(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole
field;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the reinvest in Minnesota reserve program would provide
additional conservation benefits or a longer term of enrollment than under the current federal
or state program; and
deleted text begin
(4) have been in agricultural crop production for at least two of the last five years before
the date of application except drained wetlands, riparian lands, woodlots, abandoned building
sites, environmentally sensitive areas, wellhead protection areas, or land used for pasture.
deleted text end
new text begin
(3) benefit the purposes in section 103F.505.
new text end
(d) Land is eligible if the land isnew text begin withinnew text end a wellhead protection area as defined under
section 103I.005, subdivision 24, and has a wellhead protection plan approved by the
commissioner of health.
(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.
(a) The board may acquire, or accept by gift or
donation, conservation easements on eligible land. An easement may be permanent or of
limited duration. An easement acquired on land for new text begin wetland restoration or new text end windbreak
purposes, under subdivision 2, may be only of permanent duration. An easement of limited
duration may not be acquired if it is for a period less than 20 years. The negotiation and
acquisition of easements authorized by this section are exempt from the contractual provisions
of chapters 16B and 16C.
(b) The board may acquire, or accept by gift or donation, flowage easements when
necessary for completion of wetland restoration projects.
(a) A conservation easement must prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically approved
by the board;
(2) agricultural crop production and livestock grazing, unless specifically approved by
the board for conservation management purposes or extreme drought; deleted text begin and
deleted text end
(3) spraying with chemicals or mowing, except:
(i) as necessary to comply with noxious weed control laws;
(ii) for emergency control of pests necessary to protect public health; or
(iii) as approved by the board for conservation management purposesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) extracting or mining any gravel, rock, or topsoil.
new text end
(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.
(c) A conservation easement must allow repairs, improvements, and inspections necessary
to maintain public drainage systems provided the easement area is restored to the condition
required by the terms of the conservation easement.
(d) Notwithstanding paragraph (a), the board must permit the harvest of native grasses
for use in seed production or bioenergy on wellhead protection lands eligible under
subdivision 2, paragraph (d).
new text begin
(e) A conservation easement must allow the board and its employees and agents to enter
the easement area for inspection and for enforcing the terms and conditions of the
conservation easement.
new text end
The board may enroll eligible land in the reinvest
in Minnesota reserve program by signing an agreement deleted text begin in recordable formdeleted text end with a landowner
in which the landowner agrees:
(1) to convey to the state a conservation easement that is not subject to any prior deleted text begin title,
lien, or encumbrancedeleted text end new text begin liens or encumbrances that are determined to be objectionable by the
attorney generalnew text end ;
(2) to seed the land subject to the conservation easement, as specified in the agreement,
to establish and maintain perennial cover of either a grass-legume mixture or native grasses
for the term of the easement, at seeding rates determined by the board; or to plant trees or
carry out other long-term capital improvements approved by the board for soil and water
conservation or wildlife management;
(3) to convey to the state a permanent easement for the wetland restoration;
deleted text begin
(4) that other land supporting natural vegetation owned or leased as part of the same
farm operation at the time of application, if it supports natural vegetation and has not been
used in agricultural crop production, will not be converted to agricultural crop production
or pasture; and
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources if
they determine that the changes effectuate the purpose of the program or facilitate its
administrationdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) to be responsible for operating and maintaining approved practices designated in the
conservation plan;
new text end
new text begin
(6) to pay, when due, all taxes and assessments that may be levied against the easement
area;
new text end
new text begin
(7) to remove any existing structures as required before the conservation easement is
conveyed and not place, erect, or construct structures on the easement area;
new text end
new text begin
(8) to remove any existing hazardous and toxic substances or any pollutants and
contaminants before the conservation easement is conveyed and not place such substances,
pollutants, or contaminants on the easement area; and
new text end
new text begin
(9) to properly seal all abandoned wells on the easement area before the conservation
easement is conveyed and pay all associated costs.
new text end
(a) The board shall establish rates for payments to
the landowner for the conservation easement and related practices. The board shall consider
market factors, including the township average equalized estimated market value of property
as established by the commissioner of revenue at the time of easement application.
(b) The board may establish a payment system for flowage easements acquired under
this section.
(c) For wetland restoration projects involving more than one conservation easement,
state payments for restoration costs may exceed the limits set by the board for an individual
easement provided the total payment for the restoration project does not exceed the amount
payable for the total number of acres involved.
deleted text begin
(d) The board may use available nonstate funds to exceed the payment limits in this
section.
deleted text end
When a conservation easement of limited duration expires,
a new conservation easement and agreement for an additional period of not less than 20
years may be acquired by agreement of the board and the landowner, under the terms of
this section. The board may adjust payment rates as a result of renewing an agreement and
conservation easement only after examining the condition of the established cover,
conservation practices, and land values.
To correct errors in legal descriptions for easements
that affect the ownership interests in the state and adjacent landowners, the board may, in
the name of the state, with the approval of the attorney general, convey, without
consideration, interests of the state necessary to correct legal descriptions of boundaries.
The conveyance must be by quitclaim deed or release in a form approved by the attorney
general.
(a) A landowner who violates the term of a
conservation easement or agreement under this section, or induces, assists, or allows another
to do so, is liable to the state for treble damages if the trespass is willful, but liable for double
damages only if the trespass is not willful. The amount of damages is the amount needed
to make the state whole or the amount the landowner has gained due to the violation,
whichever is greater.
(b) deleted text begin Upon the request of the board,deleted text end new text begin The board may request that the attorney general
commence a legal action for a violation, andnew text end the attorney general may commence an action
for specific performances, injunctive relief, damages, including attorney's fees, and any
other appropriate relief to enforce sections 103F.505 to 103F.531 in district court in the
county where all or part of the violation is alleged to have been committed, or where the
landowner resides or has a principal place of business.new text begin In addition to or in lieu of making
a request under this paragraph, the board may use its authority under section 103B.101,
subdivision 12, to issue a penalty order for a violation. The penalties may be forgiven, in
whole or in part, upon compliance with the conservation easement conditions.
new text end
new text begin
(c) A landowner is not in violation of the conservation easement if a failure of approved
practices was caused by reasons beyond the landowner's control.
new text end
Money made available under the reinvest in
Minnesota reserve program may not be used for environmental regulatory or wetland
mitigation purposes required under federal or state law.
new text begin
An approved practice must be consistent with
section 103F.505. The landowner is responsible for establishing all approved practices on
the easement area as specified by the board.
new text end
new text begin
The board must determine
which approved practices are eligible for payments or reimbursement under a conservation
easement program. Food plots are not eligible for payments or reimbursement under a
conservation easement program.
new text end
new text begin
The board may augment money available to pay
for or reimburse approved practices with money from other agencies, organizations, or
individuals.
new text end
new text begin
With the consent of the Board of Water and Soil
Resources, a district may enter into an agreement with others, as authorized under section
103C.231, to delegate, in whole or in part, the responsibility for administering a conservation
easement program.
new text end
new text begin
If an application involves land in more than
one district, the districts or delegated parties may jointly agree for one of the districts or
delegated parties to be the responsible party to review and prioritize the application and
complete all tasks necessary to convey the conservation easement to the Board of Water
and Soil Resources.
new text end
new text begin
The district may take measures that are necessary
to ensure landowner compliance with the conservation agreement, conservation easement,
and conservation plan. If the district is unsuccessful in obtaining landowner compliance,
the district must notify the Board of Water and Soil Resources of the violation and may
recommend appropriate measures to be taken to correct the violation.
new text end
Minnesota Statutes 2022, section 103F.535, subdivision 5, is amended to read:
new text begin (a) new text end Conservation easements may be altered,
released, or terminated by the board after consultation with the commissioners of agriculture
and natural resources. The board may alter, release, or terminate a conservation easement
only if the board determines that the public interest and general welfare are better served
by the alteration, release, or termination.
new text begin
(b) The board may adopt policies and procedures to implement this subdivision, including
provisions to ensure at least equal resource value as a condition of approving a request to
alter, release, or terminate a conservation easement.
new text end
new text begin
(c) The landowner must compensate the board for damages and loss of benefits to the
conservation easement that result from the alteration, release, or termination. The board
may require the landowner to reimburse the board's administrative expenses and costs
incurred in altering, releasing, or terminating a conservation easement.
new text end
Minnesota Statutes 2022, section 103G.005, subdivision 14d, is amended to read:
"Project" means a specific plan, contiguous activity, proposal, or
design necessary to accomplish a goal as defined by the local government unit. As used in
this chapter, a project may not be split into components or phases for the deleted text begin soledeleted text end purpose of
gaining additional exemptions.
Minnesota Statutes 2022, section 103G.005, subdivision 17b, is amended to read:
"Wetland type" means a wetland type classified according
to Wetlands of the United States, United States Fish and Wildlife Service Circular 39 (1971
edition)deleted text begin , as summarized in this subdivisiondeleted text end new text begin or A Hydrogeomorphic Classification for
Wetlands, United States Army Corps of Engineers (August 1993), including updates,
supplementary guidance, and replacements, if any, as determined by the boardnew text end .
deleted text begin
(1) "Type 1 wetlands" are seasonally flooded basins or flats in which soil is covered
with water or is waterlogged during variable seasonal periods but usually is well-drained
during much of the growing season. Type 1 wetlands are located in depressions and in
overflow bottomlands along watercourses, and in which vegetation varies greatly according
to season and duration of flooding and includes bottomland hardwoods as well as herbaceous
growths.
deleted text end
deleted text begin
(2) "Type 2 wetlands" are inland fresh meadows in which soil is usually without standing
water during most of the growing season but is waterlogged within at least a few inches of
surface. Vegetation includes grasses, sedges, rushes, and various broad-leafed plants.
Meadows may fill shallow basins, sloughs, or farmland sags, or these meadows may border
shallow marshes on the landward side.
deleted text end
deleted text begin
(3) "Type 3 wetlands" are inland shallow fresh marshes in which soil is usually
waterlogged early during a growing season and often covered with as much as six inches
or more of water. Vegetation includes grasses, bulrushes, spikerushes, and various other
marsh plants such as cattails, arrowheads, pickerelweed, and smartweeds. These marshes
may nearly fill shallow lake basins or sloughs, or may border deep marshes on the landward
side and are also common as seep areas on irrigated lands.
deleted text end
deleted text begin
(4) "Type 4 wetlands" are inland deep fresh marshes in which soil is usually covered
with six inches to three feet or more of water during the growing season. Vegetation includes
cattails, reeds, bulrushes, spikerushes, and wild rice. In open areas, pondweeds, naiads,
coontail, water milfoils, waterweeds, duckweeds, waterlilies, or spatterdocks may occur.
These deep marshes may completely fill shallow lake basins, potholes, limestone sinks, and
sloughs, or they may border open water in such depressions.
deleted text end
deleted text begin
(5) "Type 5 wetlands" are inland open fresh water, shallow ponds, and reservoirs in
which water is usually less than ten feet deep and is fringed by a border of emergent
vegetation similar to open areas of type 4 wetland.
deleted text end
deleted text begin
(6) "Type 6 wetlands" are shrub swamps in which soil is usually waterlogged during
growing season and is often covered with as much as six inches of water. Vegetation includes
alders, willows, buttonbush, dogwoods, and swamp-privet. This type occurs mostly along
sluggish streams and occasionally on floodplains.
deleted text end
deleted text begin
(7) "Type 7 wetlands" are wooded swamps in which soil is waterlogged at least to within
a few inches of the surface during growing season and is often covered with as much as one
foot of water. This type occurs mostly along sluggish streams, on floodplains, on flat uplands,
and in shallow basins. Trees include tamarack, arborvitae, black spruce, balsam, red maple,
and black ash. Northern evergreen swamps usually have a thick ground cover of mosses.
Deciduous swamps frequently support beds of duckweeds and smartweeds.
deleted text end
deleted text begin
(8) "Type 8 wetlands" are bogs in which soil is usually waterlogged and supports a
spongy covering of mosses. This type occurs mostly in shallow basins, on flat uplands, and
along sluggish streams. Vegetation is woody or herbaceous or both. Typical plants are heath
shrubs, sphagnum moss, and sedges. In the north, leatherleaf, Labrador-tea, cranberries,
carex, and cottongrass are often present. Scattered, often stunted, black spruce and tamarack
may occur.
deleted text end
Minnesota Statutes 2023 Supplement, section 103G.005, subdivision 19, is
amended to read:
(a) "Wetlands" means lands transitional between terrestrial and
aquatic systems where the water table is usually at or near the surface or the land is covered
by shallow water. For purposes of this definition, wetlands must have the following three
attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(3) under normal circumstances support a prevalence of such vegetation.
(b) For the purposes of regulation under this chapter, the term wetlands does not include
public waters wetlands as defined in subdivision 15a.
new text begin
(c) Notwithstanding paragraph (a), wetlands includes deepwater aquatic habitats that
are not public waters or public waters wetlands. For purposes of this paragraph, "deepwater
aquatic habitats" has the meaning given in Corps of Engineers Wetlands Delineation Manual,
United States Army Corps of Engineers (January 1987).
new text end
Minnesota Statutes 2022, section 103G.222, subdivision 1, is amended to read:
(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by actions that provide at least equal public value under a
replacement plan approved as provided in section 103G.2242, a replacement plan under a
local governmental unit's comprehensive wetland protection and management plan approved
by the board under section 103G.2243, or, if a permit to mine is required under section
93.481, under a mining reclamation plan approved by the commissioner under the permit
to mine. Project-specific wetland-replacement plans submitted as part of a project for which
a permit to mine is required and approved by the commissioner on or after July 1, 1991,
may include surplus wetland credits to be allocated by the commissioner to offset future
mining-related wetland impacts under any permits to mine held by the permittee, the operator,
the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
assignment under section 93.481, subdivision 5. For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to mine within
the Great Lakes and Rainy River watershed basins, those basins deleted text begin shall bedeleted text end new text begin arenew text end considered a
single watershed for purposes of determining wetland-replacement ratios. Mining reclamation
plans deleted text begin shalldeleted text end new text begin mustnew text end apply the same principles and standards for replacing wetlands that are
applicable to mitigation plans approved as provided in section 103G.2242. The commissioner
must provide notice of an application for wetland replacement under a permit to mine to
the county in which the impact is proposed and the county in which a mitigation site is
proposed. Public value must be determined in accordance with section 103B.3355 or a
comprehensive wetland protection and management plan established under section
103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently and
semipermanently flooded areas of deleted text begin types 3, 4, and 5deleted text end wetlands.
(b) Replacement must be guided by the following principles in descending order of
priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;
(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland resources
or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding 10,000
square feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph
(a), the local government unit may make an on-site sequencing determination without a
written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be accomplished
through restoration only without regard to the priority order in paragraph (b), provided that
the altered wetland is not converted to a nonagricultural use for at least ten years.
(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
deleted text begin subdivision 2, paragraph (b) or (e),deleted text end new text begin subdivision 1, clause (1),new text end the local government unit may
require a deed restriction that prohibits nonagricultural use for at least ten years. The local
government unit may require the deed restriction if it determines the wetland area drained
is at risk of conversion to a nonagricultural use within ten years based on the zoning
classification, proximity to a municipality or full service road, or other criteria as determined
by the local government unit.
(e) Restoration and replacement of wetlands must be accomplished in accordance with
the ecology of the landscape area affected and ponds that are created primarily to fulfill
stormwater management, and water quality treatment requirements may not be used to
satisfy replacement requirements under this chapter unless the design includes pretreatment
of runoff and the pond is functioning as a wetland.
(f) Except as provided in paragraph (g), for a wetland or public waters wetland located
on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
for each acre of drained or filled wetland.
(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an approved replacement plan are
subject to the provisions of this section for any subsequent drainage or filling.
(i) Except in a greater than 80 percent area, only wetlands that have been restored from
previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used for wetland replacement according to rules adopted under section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for wetland replacement.
(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall postpone
its recommendation until the wetland has stabilized.
(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
to the state and its departments and agencies.
(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity, public
transportation authorities may purchase credits from the board at the cost to the board to
establish credits. Proceeds from the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.
(m) A replacement plan for wetlands is not required for individual projects that result
in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project and
consider mitigating important site-specific wetland functions on site;
(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
an annual meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square feet,
submit project-specific reports, within 30 days of commencing the activity, to the board
that indicate the location, amount, and type of wetlands that have been filled or drained.
Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public transportation
authority to the board according to the provisions of section 103G.2242, subdivision 9. The
Technical Evaluation Panel deleted text begin shalldeleted text end new text begin mustnew text end review minimization and delineation decisions made
by the public transportation authority and provide recommendations regarding on-site
mitigation if requested to do so by the local government unit, a contiguous landowner, or
a member of the Technical Evaluation Panel.
Except for deleted text begin statedeleted text end public transportation projectsnew text begin that occur on state roadsnew text end , for which the
state Department of Transportation is responsible new text begin for the wetland replacementnew text end , the board
must replace the wetlands, and wetland areas of public waters if authorized by the
commissioner or a delegated authority, drained or filled by public transportation projects
on existing roads.
Public transportation authorities at their discretion may deviate from federal and state
design standards on existing road projects when practical and reasonable to avoid wetland
filling or draining, provided that public safety is not unreasonably compromised. The local
road authority and its officers and employees are exempt from liability for any tort claim
for injury to persons or property arising from travel on the highway and related to the
deviation from the design standards for construction or reconstruction under this paragraph.
This paragraph does not preclude an action for damages arising from negligence in
construction or maintenance on a highway.
(n) If a landowner seeks approval of a replacement plan after the proposed project has
already affected the wetland, the local government unit may require the landowner to replace
the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
(o) A local government unit may request the board to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board shall change the
classification of a county or watershed. If requested by the local government unit, the board
must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the change in the
Environmental Quality Board Monitor.
(p) One hundred citizens who reside within the jurisdiction of the local government unit
may request the local government unit to reclassify a county or watershed on the basis of
its percentage of presettlement wetlands remaining. In support of their petition, the citizens
shall provide satisfactory documentation to the local government unit. The local government
unit shall consider the petition and forward the request to the board under paragraph (o) or
provide a reason why the petition is denied.
Minnesota Statutes 2022, section 103G.2241, subdivision 1, is amended to read:
A replacement plan for wetlands is not required
for:
deleted text begin
(1) activities in a wetland that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grass or legumes, or was required to be set aside to receive price
support or other payments under United States Code, title 7, sections 1421 to 1469, in six
of the last ten years prior to January 1, 1991;
deleted text end
deleted text begin
(2) activities in a type 1 wetland on agricultural pasture land that remains in the same
use, except for bottomland hardwood type 1 wetlands, and activities in a type 2 or type 6
wetland that is less than two acres in size and located on agricultural pasture land that
remains in the same use;
deleted text end
new text begin
(1) impacts to wetlands on agricultural land labeled prior-converted cropland and impacts
to wetlands resulting from drainage maintenance activities authorized by the United States
Department of Agriculture, Natural Resources Conservation Service, on areas labeled farmed
wetland, farmed-wetland pasture, and wetland. The prior-converted cropland, farmed
wetland, farmed-wetland pasture, or wetland must be labeled on a valid final certified
wetland determination issued by the Natural Resources Conservation Service in accordance
with Code of Federal Regulations, part 7, section 12, as amended. It is the responsibility of
the owner or operator of the land to provide a copy of the final certified wetland determination
to, and allow the Natural Resources Conservation Service to share related information with,
the local government unit and the board for purposes of verification.
new text end
deleted text begin (3)deleted text end new text begin (2)new text end activities in a wetland conducted as part of normal farming practices. For purposes
of this clause, "normal farming practices" means farming, silvicultural, grazing, and ranching
activities such as plowing, seeding, cultivating, and harvesting for the production of feed,
food, and fiber products, but does not include activities that result in the draining of wetlands;
deleted text begin (4)deleted text end new text begin (3)new text end soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;
deleted text begin (5)deleted text end new text begin (4) wetland impacts resulting fromnew text end aquaculture activitiesnew text begin ,new text end including pond excavation
and construction and maintenance of associated access roads and dikesnew text begin ,new text end authorized underdeleted text begin ,deleted text end
and conducted in accordance withdeleted text begin ,deleted text end a permit issued by the United States Army Corps of
Engineers under section 404 of the federal Clean Water Act, United States Code, title 33,
section 1344, but not including construction or expansion of buildings;
deleted text begin (6)deleted text end new text begin (5) wetland impacts resulting fromnew text end wild rice production activities, including necessary
diking and other activitiesnew text begin ,new text end authorized under new text begin and conducted in accordance with new text end a permit
issued by the United States Army Corps of Engineers under section 404 of the federal Clean
Water Act, United States Code, title 33, section 1344; or
deleted text begin (7)deleted text end new text begin (6)new text end agricultural activities on agricultural land that is subject to the swampbuster
provisions of the federal farm program restrictions consistent with a memorandum of
understanding and related agreements between the board and the United States Department
of Agriculture, Natural Resources Conservation Service.
Minnesota Statutes 2022, section 103G.2241, subdivision 2, is amended to read:
deleted text begin
(a) For the purposes of this subdivision, "public drainage system"
means a drainage system as defined in section 103E.005, subdivision 12, and any ditch or
tile lawfully connected to the drainage system.
deleted text end
deleted text begin
(b) A replacement plan is not required for draining of type 1 wetlands, or up to five acres
of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed drainage
benefits for a public drainage system, provided that:
deleted text end
deleted text begin
(1) during the 20-year period that ended January 1, 1992:
deleted text end
deleted text begin
(i) there was an expenditure made from the drainage system account for the public
drainage system;
deleted text end
deleted text begin
(ii) the public drainage system was repaired or maintained as approved by the drainage
authority; or
deleted text end
deleted text begin
(iii) no repair or maintenance of the public drainage system was required under section
103E.705, subdivision 1, as determined by the public drainage authority; and
deleted text end
deleted text begin
(2) the wetlands are not drained for conversion to:
deleted text end
deleted text begin
(i) platted lots;
deleted text end
deleted text begin
(ii) planned unit, commercial, or industrial developments; or
deleted text end
deleted text begin
(iii) any development with more than one residential unit per 40 acres, except for parcels
subject to local zoning standards that allow for family members to establish an additional
residence on the same 40 acres.
deleted text end
deleted text begin
If wetlands drained under this paragraph are converted to uses prohibited under clause (2)
during the ten-year period following drainage, the wetlands must be replaced under section
103G.222.
deleted text end
deleted text begin
(c) A replacement plan is not required for draining or filling of wetlands, except for
draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
resulting from maintenance and repair of existing public drainage systems.
deleted text end
deleted text begin (d)deleted text end new text begin (a)new text end A replacement plan is not required for draining or filling of wetlands, except for
draining wetlands that have been in existence for more than 25 years, resulting from
maintenance and repair of existing drainage systems deleted text begin other thandeleted text end new text begin , includingnew text end public drainage
systems.
deleted text begin
(e) A replacement plan is not required for draining agricultural land that:
deleted text end
deleted text begin
(1) was planted with annually seeded crops before July 5, except for crops that are
normally planted after that date, in eight out of the ten most recent years prior to the impact;
deleted text end
deleted text begin
(2) was in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow
for a crop production purpose, in eight out of the ten most recent years prior to the impact;
or
deleted text end
deleted text begin
(3) was enrolled in a state or federal land conservation program and met the requirements
of clause (1) or (2) before enrollment.
deleted text end
deleted text begin (f) Thedeleted text end new text begin (b) A new text end public drainage authority may, as part of the repairnew text begin of a public drainage
system, as defined in section 103E.005, subdivision 12new text end , install control structures, realign
the ditch, construct dikes along the ditch, or make other modifications as necessary to prevent
new text begin the new text end drainage of deleted text begin the wetlanddeleted text end new text begin wetlandsnew text end .
deleted text begin
(g) Wetlands of all types that would be drained as a part of a public drainage repair
project are eligible for the permanent wetlands preserve under section 103F.516. The board
shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have been
in existence for more than 25 years on public drainage systems and other wetlands that have
the greatest risk of drainage from a public drainage repair project.
deleted text end
Minnesota Statutes 2022, section 103G.2241, subdivision 6, is amended to read:
(a) A replacement plan for wetlands is not required
fornew text begin wetland impacts resulting fromnew text end :
(1) new placement or maintenance, repair, enhancement, new text begin realignment, new text end or replacement
of existing utility or utility-type service, including pipelines, deleted text begin if:deleted text end new text begin when wetland impacts are
authorized under and conducted in accordance with a permit issued by the United States
Army Corps of Engineers under section 404 of the federal Clean Water Act, United States
Code, title 33, section 1344, and
new text end
deleted text begin (i)deleted text end the direct and indirect impacts of the proposed project have been avoided and
minimized to the extent possible; deleted text begin and
deleted text end
deleted text begin
(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;
deleted text end
(2) activities associated with operation, routine maintenance, or emergency repair of
existing utilities and public work structures, including pipelines, provided the activities do
not result in additional wetland intrusion or additional draining or filling of a wetland either
wholly or partially; or
(3) repair and updating of existing subsurface sewage treatment systems necessary to
comply with local, state, and federal regulations.
(b) deleted text begin For maintenance, repair, and replacement, the local government unit may issue a
seasonal or annual exemption certification or the utility may proceed without local
government unit certification if the utility is carrying out the work according to approved
best management practices.deleted text end Work of an emergency nature may proceed as necessarynew text begin ,new text end and
any drain or fill activities deleted text begin shalldeleted text end new text begin mustnew text end be addressed with the local government unit after the
emergency work has been completed.
Minnesota Statutes 2022, section 103G.2241, subdivision 9, is amended to read:
(a) Except as provided in paragraphs (d), (e), (f), (g), (h), and (i),
a replacement plan for wetlands is not required for deleted text begin draining or fillingdeleted text end new text begin impacts tonew text end the following
amounts of wetlandsnew text begin , excluding the permanently and semipermanently flooded areas of
wetlands,new text end as part of a project outside of the shoreland wetland protection zone:
(1) deleted text begin 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands,deleted text end new text begin one-quarter acre of wetlandnew text end in a greater than 80 percent area;
(2) deleted text begin 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands,deleted text end new text begin one-tenth acre of wetlandnew text end in a 50 to 80 percent areadeleted text begin , except within the 11-county
metropolitan areadeleted text end ;new text begin or
new text end
(3) deleted text begin 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands,deleted text end new text begin one-twentieth acre of wetlandnew text end in a less than 50 percent areadeleted text begin , except within the
11-county metropolitan area; ordeleted text end new text begin .
new text end
deleted text begin
(4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
deleted text end
(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan for
wetlands is not required for deleted text begin draining or filling the following amounts ofdeleted text end new text begin up to 100 square
feet of impacts tonew text end wetlands as part of a project within the shoreland wetland protection zone
beyond the shoreland building setback zonedeleted text begin :deleted text end new text begin .
new text end
deleted text begin
(1) 400 square feet of type 1, 2, 6, or 7 wetland; or
deleted text end
deleted text begin
(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
deleted text end
deleted text begin
In a greater than 80 percent area, the de minimis amount allowed under clause (1) may be
increased up to 1,000 square feet if the wetland is isolated and is determined to have no
direct surficial connection to the public water or if permanent water runoff retention or
infiltration measures are established in proximity as approved by the shoreland management
authority.
deleted text end
(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan for
wetlands is not required for deleted text begin draining or fillingdeleted text end up to 20 square feet of deleted text begin wetlanddeleted text end new text begin impacts to
wetlandsnew text end as part of a project within the shoreland building setback zone, as defined in the
local shoreland management ordinance. The amount in this paragraph may be increased to
100 square feet if permanent water runoff retention or infiltration measures are established
in proximity as approved by the shoreland management authority.
(d) Except as provided in paragraphs deleted text begin (b),deleted text end (c), (e), (f), (g), (h), and (i), a replacement plan
is not required for deleted text begin draining or filling amountsdeleted text end new text begin up to 400 square feetnew text end of new text begin impacts to the
permanently and semipermanently flooded areas of new text end wetlands as part of a projectdeleted text begin :deleted text end new text begin .
new text end
deleted text begin
(1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack
wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent area within
the 11-county metropolitan area; or
deleted text end
deleted text begin
(2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county metropolitan area.
deleted text end
deleted text begin
For purposes of this subdivision, the 11-county metropolitan area consists of the counties
of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington,
and Wright.
deleted text end
(e) The amounts listed in paragraphs (a), (b), deleted text begin anddeleted text end (c)new text begin , and (d)new text end may not be combined on
a project.
deleted text begin
(f) This exemption no longer applies to a landowner's portion of a wetland when the
cumulative area drained or filled of the landowner's portion since January 1, 1992, is the
greatest of:
deleted text end
deleted text begin
(1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns the entire
wetland;
deleted text end
deleted text begin
(2) five percent of the landowner's portion of the wetland; or
deleted text end
deleted text begin
(3) 400 square feet.
deleted text end
new text begin
(f) When the total area of impacts to wetlands as part of a project exceeds the applicable
amount in this subdivision, a replacement plan is required for the entire amount.
new text end
(g) This exemption may not be combined with another exemption in this section on a
project.
(h) Property may not be divided to increase the amounts listed in paragraph (a)new text begin , (b), (c),
or (d)new text end .
(i) If a local ordinance or similar local control is more restrictive than this subdivision,
the local standard applies.
Minnesota Statutes 2023 Supplement, section 103G.2242, subdivision 1, is
amended to read:
(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program; mitigating and banking other water and water-related resources; the administrative,
monitoring, and enforcement procedures to be used; new text begin provisions that protect or mitigate
impacts to the public values of watercourses that are not public waters; new text end and a procedure for
the review and appeal of decisions under this section. In the case of peatlands, the
replacement plan rules must consider the impact on carbon. Any in-lieu fee program
established by the board must conform with Code of Federal Regulations, title 33, section
332.8, as amended.
(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.
(c) If the local government unit fails to apply the rules or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.
(d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.
Minnesota Statutes 2022, section 103G.2242, subdivision 2, is amended to read:
(a) Questions concerning the public value, location, size, or type
of a wetland deleted text begin shalldeleted text end new text begin mustnew text end be submitted to and determined by a Technical Evaluation Panel
after an on-site inspection. The Technical Evaluation Panel deleted text begin shalldeleted text end new text begin mustnew text end be composed of a
technical professional employee of the board, a technical professional employee of the local
soil and water conservation district or districts, a technical professional with expertise in
water resources management appointed by the local government unit, and a technical
professional employee of the Department of Natural Resources for projects affecting public
waters or wetlands adjacent to public waters.
new text begin (b) For wetland boundary determinations,new text end the panel deleted text begin shalldeleted text end new text begin mustnew text end use deleted text begin the "United States
Armydeleted text end Corps of Engineers Wetland Delineation Manualdeleted text begin "deleted text end new text begin , United States Army Corps of
Engineersnew text end (January 1987), including updates, supplementary guidance, and replacements,
if anydeleted text begin , "deleted text end new text begin . For wetland type determinations, the panel must also use new text end Wetlands of the United
Statesdeleted text begin " (deleted text end new text begin , new text end United States Fish and Wildlife Service Circular 39deleted text begin ,deleted text end new text begin (new text end 1971 edition)deleted text begin , and "deleted text end new text begin ;
Classification of Wetlands and Deepwater Habitats of the United States, United States Fish
and Wildlife Service (August 2013 edition); or A Hydrogeomorphic Classification for
Wetlands, United States Army Corps of Engineers (August 1993), according to rules
authorized under this part new text end deleted text begin Classification of Wetlands and Deepwater Habitats of the United
Statesdeleted text end deleted text begin " (1979 edition)deleted text end new text begin and including updates, supplementary guidance, and replacements,
if any, for any of these publicationsnew text end .
new text begin (c)new text end The panel deleted text begin shalldeleted text end new text begin mustnew text end provide the wetland determination and recommendations on
other technical matters to the local government unit that must approve a replacement plan,
sequencing, exemption determination, no-loss determination, or wetland boundary or type
determination and may recommend approval or denial of the plan. The authority must
consider and include the decision of the Technical Evaluation Panel in their approval or
denial of a plan or determination.
deleted text begin (b)deleted text end new text begin (d)new text end A member of the Technical Evaluation Panel that has a financial interest in a
wetland bank or management responsibility to sell or make recommendations in their official
capacity to sell credits from a publicly owned wetland bank must disclose that interest, in
writing, to the Technical Evaluation Panel and the local government unit.
deleted text begin (c)deleted text end new text begin (e)new text end Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. The board may develop
a professional wetland delineator certification program.
deleted text begin (d)deleted text end new text begin (f)new text end The board must establish an interagency team to assist in identifying and evaluating
potential wetland replacement sites. The team must consist of members of the Technical
Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
organizations as determined by the board.
Minnesota Statutes 2022, section 103G.2242, subdivision 2a, is amended to read:
(a) A landowner may apply for
a wetland boundary or type determination from the local government unit. The landowner
applying for the determination is responsible for submitting proof necessary to make the
determination, including, but not limited to, wetland delineation field data, observation well
data, topographic mapping, survey mapping, and information regarding soils, vegetation,
hydrology, and groundwater both within and outside of the proposed wetland boundary.
(b) A local government unit that receives an application under paragraph (a) may seek
the advice of the Technical Evaluation Panel as described in subdivision 2deleted text begin ,deleted text end and, if necessary,
expand the Technical Evaluation Panel. The local government unit may delegate the decision
authority for wetland boundary or type determinations to designated staffdeleted text begin ,deleted text end or establish other
procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section 15.99.
Within ten calendar days of the decision, the local government unit decision must be mailed
or sent by electronic transmission to the landowner, members of the Technical Evaluation
Panel, the watershed district or watershed management organization, if one exists, and
individual members of the public who request a copy.new text begin Notwithstanding section 15.99,
subdivision 2, the board must establish by rule timelines for project review and comment
for wetland banking projects.
new text end
(d) The local government unit decision is valid for five years unless the Technical
Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
or soils of the area have been sufficient to alter the wetland boundary or type.
Minnesota Statutes 2022, section 103G.2242, subdivision 3, is amended to read:
(a) Replacement of wetland values must be completed
prior to or concurrent with the actual draining or filling of a wetland, unless:
(1) an irrevocable bank letter of credit or other financial assurance acceptable to the
local government unit or the board is given to the local government unit or the board to
guarantee the successful completion of the replacement; or
(2) the replacement is approved under an in-lieu fee program according to rules adopted
under subdivision 1. In the case of an in-lieu fee program established by a board-approved
sponsor, the board may require that a financial assurance in an amount and method acceptable
to the board be given to the board to ensure the approved sponsor fulfills the sponsor's
obligation to complete the required wetland replacement.
(b) new text begin The board may establish, sponsor, or administer a wetland banking program, which
may include provisions allowing monetary payment to the wetland banking program for
impacts to wetlands. new text end The board may acquire land in fee title, purchase or accept easements,
enter into agreements, and purchase existing wetland replacement credits to facilitate the
wetland banking program. The board may establishnew text begin wetland credit andnew text end in-lieu fee payment
amounts and hold money in an account in the special revenue fund, which is appropriated
to the board to be used solely for establishing replacement wetlands and administering the
wetland banking program.
(c) The board shall coordinate the establishment and operation of a wetland bank with
the United States Army Corps of Engineers, the Natural Resources Conservation Service
of the United States Department of Agriculture, and the commissioners of natural resources,
agriculture, and the Pollution Control Agency.
new text begin
(a) The revisor of statutes must renumber Minnesota Statutes, section 103F.511,
subdivision 5a, as Minnesota Statutes, section 103F.511, subdivision 5c.
new text end
new text begin
(b) The revisor of statutes shall replace references to "section 103A.206" with references
to "section 103C.005" wherever they appear in Minnesota Statutes, chapter 103C.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 103A.206; 103D.315, subdivision 4; 103D.405,
subdivisions 2, 3, 4, 5, and 6; 103D.411; 103D.601; 103D.605, subdivisions 1, 2, 3, and 4;
103D.611; 103F.511, subdivision 8b; and 103F.950,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 103D.605, subdivision 5,
new text end
new text begin
is repealed.
new text end
new text begin
(c) Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3110; 8400.3210; 8400.3260;
8400.3300; 8400.3400; 8400.3460; 8400.3600; 8400.3610; 8400.3630; 8400.3700;
8400.3730; 8400.3800; 8400.3830; and 8400.3930,
new text end
new text begin
are repealed.
new text end
new text begin
(a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreements or other conditions established
under a permit to mine.
new text end
new text begin
(b) Money in an account established under paragraph (a) is appropriated to the
commissioner of natural resources for the purposes for which the account is established
under this section.
new text end
new text begin
(a) The commissioner of natural
resources may deposit money in the appropriate account and may withdraw money from
the appropriate account for the financial assurance purposes identified in sections 93.46 to
93.51 and rules adopted thereunder and as authorized under any trust fund agreements or
other conditions established under the permit to mine for which the financial assurance is
provided, subject to the policies and procedures of the State Board of Investment.
new text end
new text begin
(b) Investment strategies related to an account established under this section must be
determined jointly by the commissioner of natural resources and the executive director of
the State Board of Investment. The authorized investments for an account are the investments
authorized under section 11A.24 that are made available for investment by the State Board
of Investment.
new text end
new text begin
(c) Investment transactions must be at a time and in a manner determined by the executive
director of the State Board of Investment. Decisions to withdraw money from the account
must be determined by the commissioner of natural resources, subject to the policies and
procedures of the State Board of Investment. Investment earnings must be credited to the
appropriate account for financial assurance under the identified permit to mine.
new text end
new text begin
(d) The commissioner of natural resources may terminate an account at any time, so
long as the termination is in accordance with applicable statutes, rules, trust fund agreements,
or other conditions established under the permit to mine, subject to the policies and
procedures of the State Board of Investment.
new text end
Minnesota Statutes 2022, section 13.7931, is amended by adding a subdivision to
read:
new text begin
Information that the Department of Natural Resources
collects, receives, or maintains through voluntary responses to questionnaires or surveys
by forest industry businesses is classified under section 84.0871.
new text end
Minnesota Statutes 2022, section 16A.125, subdivision 5, is amended to read:
(a) The term "state forest trust fund lands" as used in this
subdivision, means public land in trust under the constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as defined by section 89.001,
subdivision 13.
(b) The commissioner of management and budget shall credit the revenue from the forest
trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and budget shall certify the
costs incurred for forestry during that year under appropriations for the improvement,
administration, and management of state forest trust fund lands and construction and
improvement of forest roads to enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. After presentation to the Legislative Permanent
School Fund Commissionnew text begin or by June 30 each year, whichever is soonernew text end , the commissioner
of natural resources shall supply the commissioner of management and budget with the
information needed for the certificate. The certificate shall include an analysis that compares
costs certified under this section with costs incurred on other public and private lands with
similar land assets.
(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:
(1) the amount of the certified costs incurred by the state for forest management, forest
improvement, and road improvement during the fiscal year shall be transferred to the forest
management investment account established under section 89.039;
(2) the amount of costs incurred by the Legislative Permanent School Fund Commission
under section 127A.30, and by the school trust lands director under section 127A.353, shall
be transferred to the general fund;
(3) the balance of the certified costs incurred by the state during the fiscal year shall be
transferred to the general fund; and
(4) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.
Minnesota Statutes 2022, section 17.4983, subdivision 2, is amended to read:
(a) The commissioner may sell aquatic life to licensed
facilities at fair wholesale market value. Fair wholesale market value must be determined
by the average market price charged in this state and contiguous states and provinces for
similar quantities.
(b) The commissioner shall establish procedures to make aquatic life available to licensed
facilities if state aquatic life would otherwise die or go to waste, such as in cases of winterkill
lakes, waters where piscicides will be applied, and waters subject to extreme draw-down.
The public must be given angling opportunities if public access is available.
(c) The commissioner shall attempt to provide opportunities to make brood stock available
to licensed facilities to reduce reliance on out-of-state sources without causing adverse
impacts to game fish new text begin and native rough fish new text end populations.
(d) If the commissioner denies approval to obtain aquatic life outside the state, a written
notice must be submitted to the applicant stating the reasons for denial, and the commissioner
shall:
(1) designate approved sources if available to obtain the desired aquatic life; or
(2) sell the aquatic life from state hatcheries at fair wholesale market value if there is a
surplus from state operations.
Minnesota Statutes 2022, section 17.4984, subdivision 2, is amended to read:
(a) An aquatic farm license must list:
(1) the specific waters of the state that may be used in connection with the licensed
aquatic farm and the species approved for each licensed water; and
(2) whether aeration requiring a permit is approved.
Additional waters may not be used until they are approved by the commissioner.
(b) The right to use waters licensed for private fish hatchery or aquatic farm purposes
may be transferred between licensees with prior approval by the commissioner if requirements
for species to be raised are met. Waters that are continually connected by a permanent
watercourse to other waters must not be approved for aquatic farm use, except that connected
waters that are isolated from other waters may be licensed as a single water body. Waters
that are intermittently connected or may become connected with other waters may be denied,
or screening or other measures may be required to prevent passage of aquatic life. Listed
waters may be changed on approval by the area fisheries supervisor or the commissioner.
(c) The commissioner shall conduct an inspection of waters to be licensed prior to
approving or denying initial licensing of the waters. When artificial tanks, jars, or other
containers are added to existing licensed facilities, an additional inspection is not required.
(d) Waters containing deleted text begin gamedeleted text end fish of significant public valuenew text begin , including game fish and
native rough fish,new text end may be denied licensing unless the applicant can demonstrate exclusive
riparian control.
(e) Waters containing deleted text begin gamedeleted text end fish of significant public valuenew text begin , including game fish and
native rough fish,new text end may be denied licensing unless the game fishnew text begin and native rough fishnew text end of
significant public value are, at the commissioner's option, and taking into consideration the
recommendation of the licensed applicant, sold to the licensee, or removed by the Department
of Natural Resources or disposed of as provided in writing by the commissioner.
(f) Waters licensed under an aquatic farm license may be aerated during open water
periods without a separate aeration permit.
(g) new text begin Common new text end carp and bullheads may be removed from licensed waters, and transported
and disposed of by the licensee.
Minnesota Statutes 2022, section 17.4988, subdivision 4, is amended to read:
(a) A person operating a commercial aquarium facility
must have a commercial aquarium facility license issued by the commissioner if the facility
contains species of aquatic life that are for sale and that are present in waters of the state.
The commissioner may require an aquarium facility license for aquarium facilities importing
or holding species of aquatic life that are for sale and that are not present in Minnesota if
those species can survive in waters of the state. The fee for an aquarium facility license is
$90.
(b) Game fishnew text begin and native rough fishnew text end transferred by an aquarium facility must be
accompanied by a receipt containing the information required on a shipping document by
section 17.4985, subdivision 3, paragraph (b).
Minnesota Statutes 2022, section 17.4992, subdivision 1, is amended to read:
Game fish new text begin and native rough fish new text end sperm,
viable game fish new text begin and native rough fish new text end eggs, or live game fish new text begin and native rough fish new text end may
not be taken from public waters for aquaculture purposes, but may be purchased from the
state or acquired from aquatic farms.
Minnesota Statutes 2022, section 17.4992, subdivision 3, is amended to read:
(a) Game fish new text begin brood stock and native
rough fish new text end brood stock may be sold to private fish hatcheries or aquatic farms by the state
at fair wholesale market value. For brood stock development, up to 20 pair of adults of each
species requested may be provided to a licensee once every three years, if available, by the
state through normal operations.
(b) If brood stock is not available by the June 1 following the request under paragraph
(a) and a permit to take brood stock by angling is requested by the licensee, within 30 days
of the request, the commissioner may issue a permit to the licensee to take, by angling, up
to 20 pairs of each species requested. Game and fish laws and rules relating to daily limits,
seasons, and methods apply to the taking of fish by angling pursuant to a permit issued
under this paragraph.
Minnesota Statutes 2022, section 17.4996, is amended to read:
Until the commissioner reaches an agreement with the White Earth Indian Reservation
regarding the acquisition and sale of aquatic life from public waters, an aquatic farm licensee
may acquire and transport new text begin native new text end rough fish, as defined in section 97A.015, subdivision 43,
and yellow perch lawfully acquired and possessed by a tribal member for sale under tribal
laws and regulations on the White Earth Reservation. Transportation of yellow perch off
the reservation must be accompanied by documentation showing the source and number of
the yellow perch.
Minnesota Statutes 2022, section 41A.02, subdivision 6, is amended to read:
"Agricultural resource project" or
"project" means (1) any facility, or portion of a facility, located in the state which is operated
or to be operated primarily for the production from agricultural resources of marketable
products, (2) buildings, equipment, and land used for the commercial production of turkeys
or turkey products, (3) a facility or portion of a facility used for the commercial production
of fish or of products made from commercially produced fish or new text begin native new text end rough fish, as defined
in section 97A.015, subdivision 43, new text begin or common carp new text end that are not commercially produced,
or (4) real or personal property used or useful in connection with a revenue-producing
enterprise, or a combination of two or more revenue-producing enterprises engaged in a
business, that is not used for the production of livestock, other than poultry, or for the
production of crops, plants, or milk. The land in clause (2) is limited to land on which
buildings and equipment are situated and immediately surrounding land used for storage,
waste disposal, or other functions directly related to the commercial production of turkeys
or turkey products at that project site. The land in clause (2) does not include land used for
the growing or raising of crops or the grazing of livestock other than poultry. A project
includes a facility or portion of a facility for mixing or producing substances to be mixed
with other substances for use as a fuel or as a substitute for petroleum or petrochemical
feedstocks.
Minnesota Statutes 2022, section 84.027, subdivision 12, is amended to read:
(a) The
commissioner may recognize the contribution of money or in-kind services on plaques,
signs, publications, audiovisual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of readable size.
(b) The commissioner may accept paid advertising for departmental publications.
Advertising revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational materials. The commissioner
may not accept paid advertising from any elected official or candidate for elective office.
new text begin
(c) Notwithstanding section 16B.2975, subdivision 6, clause (2), if the commissioner
determines that a transfer benefits the state's natural resources management or bison
management, the commissioner may request that the commissioner of administration donate
and convey bison to a governmental unit or nonprofit organization, in or outside Minnesota,
or sell bison. The recipient of the bison is solely responsible for all future expenses related
to the bison.
new text end
new text begin
(a) The following data that the Department of Natural Resources collects, receives, or
maintains through voluntary responses to questionnaires or surveys by forest industry
businesses are classified as private data on individuals, as defined in section 13.02,
subdivision 12, if the data are data on individuals or as nonpublic data, as defined in section
13.02, subdivision 9, if the data are data not on individuals:
new text end
new text begin
(1) timber resource consumption;
new text end
new text begin
(2) origin of timber resources;
new text end
new text begin
(3) cost of delivered timber;
new text end
new text begin
(4) forest industry product output; and
new text end
new text begin
(5) production costs.
new text end
new text begin
(b) Data that the department collects, receives, or maintains through voluntary responses
to questionnaires or surveys by forest industry businesses and that are not specified under
paragraph (a), clauses (1) to (5), are public data.
new text end
new text begin
(c) Summary data, as defined in section 13.02, subdivision 19, that the department
compiles from data under paragraph (a) or (b) are public data.
new text end
new text begin
(d) Data collected, received, or maintained by the department from bidders on state
timber under section 90.145 are not subject to this section.
new text end
Minnesota Statutes 2022, section 84.0895, subdivision 1, is amended to read:
Notwithstanding any other law, a person may not take,
import, transport, new text begin release, new text end or sell any portion of an endangered new text begin or threatened new text end species of wild
animal or plant, or sell or possess with intent to sell an article made with any part of the
skin, hide, or parts of an endangered new text begin or threatened new text end species of wild animal or plant, except
as provided in subdivisions 2 and 7.
Minnesota Statutes 2022, section 84.0895, subdivision 8, is amended to read:
This section does not apply retroactively deleted text begin or prohibit importation
into this state and subsequent possession, transport, and sale of wild animals, wild plants,
or parts of wild animals or plants that are legally imported into the United States or legally
acquired and exported from another territory, state, possession, or political subdivision of
the United Statesdeleted text end .
Minnesota Statutes 2022, section 84.96, subdivision 2, is amended to read:
For the purposes of this section, "native prairie" means deleted text begin land that
has never been plowed, with less than ten percent tree cover and with predominantly native
prairie vegetationdeleted text end new text begin a grassland dominated by original native prairie vegetation, usually
occurring where the sod has never been brokennew text end .
Minnesota Statutes 2022, section 84.96, subdivision 3, is amended to read:
(a) The commissioner may acquire native prairie for
conservation purposes by entering into easements with landownersnew text begin or with the land
administrator of state school trust lands. Before acquiring easements under this subdivision
on school trust lands, the commissioner must receive advice from the school trust lands
director according to section 127A.353, subdivision 4new text end . The easements must be conservation
easements as defined in section 84C.01, clause (1), except the easements may be made
possessory as well as nonpossessory if agreed upon by the landownernew text begin or land administratornew text end
and the commissioner.
(b) The easements may be permanent or of limited duration. Highest priority must be
given to permanent easements consistent with the purposes of this section. Easements of
limited duration must be for at least 20 years, with provision for renewal for at least another
20-year period. For easements of limited duration, the commissioner may reexamine and
adjust the payment rates at the beginning of any renewal period after considering current
land and crop values.
Minnesota Statutes 2022, section 84.96, subdivision 5, is amended to read:
(a) new text begin For interests in lands acquired under this section, new text end the
commissioner must make payments to the landowner deleted text begin underdeleted text end new text begin or land administrator according
tonew text end this subdivision deleted text begin for the easementdeleted text end .
deleted text begin
(b) For a permanent easement, the commissioner must pay 65 percent of the permanent
marginal agricultural land payment rate as established by the Board of Water and Soil
Resources for the time period when the application is made.
deleted text end
new text begin
(b) For a permanent easement, the commissioner may pay up to ten percent more than
the Board of Water and Soil Resources pays for noncrop easements. If the Board of Water
and Soil Resources does not establish a noncrop easement payment rate, the commissioner
must establish land value rates for payments considering market factors, such as
county-assessed land value and sales ratio studies, along with ecological, biological, and
cultural factors that take into consideration the global rarity of native prairie. The rates must
be based on the need to protect the extremely small amount of the globally vulnerable and
imperiled remaining native prairie in Minnesota.
new text end
(c) For an easement of limited duration, the commissioner deleted text begin must paydeleted text end new text begin may pay up tonew text end 65
percent of the permanent prairie bank easement rate for the time period when the application
is made.
(d) To maintain and protect native prairies, the commissioner may enter into easements
that allow selected agricultural practices. Payment must be based on paragraph (b) or (c)
but may be reduced due to the agricultural practices allowed after negotiation with the
landownernew text begin or land administratornew text end .
new text begin
(e) If a native prairie qualifies for the native prairie bank but the landowner requests that
the commissioner acquire the native prairie in fee rather than acquire an easement, the
commissioner may acquire it as any outdoor recreation system classification under section
86A.05 with protections equivalent to a native prairie bank easement. For acquisition under
this paragraph, the commissioner may pay up to 25 percent more than what the Board of
Water and Soil Resources pays for noncrop easements. If the Board of Water and Soil
Resources does not establish a noncrop easement payment rate, the commissioner must
establish land value rates for payments considering market factors, such as county-assessed
land value and sales ratio studies, along with ecological, biological, and cultural factors that
take into consideration the global rarity of native prairie.
new text end
new text begin
(f) For a permanent easement acquired on school trust lands under this section, the
commissioner must pay no less than 100 percent of the easement's appraised value at the
time of closing.
new text end
Minnesota Statutes 2022, section 84B.061, is amended to read:
As required by this chapter and the act of Congress authorizing Voyageurs National
Park, the state of Minnesota donated in excess of 35,000 acres of state and other publicly
owned land for the park, roughly one-fourth of the land area of the park, at a cost of over
$5,000,000 to the state. More than 24,000 acres of this land was state trust fund land which
the state condemned before making its donation. Pursuant to section 84B.06, lands donated
by the state, along with other lands acquired by the National Park Service for the park, were
made subject to concurrent jurisdiction by the state and the United States under section
1.041. In making these donations, none of the navigable waters within the park and the
lands under them have been donated to the United States. These navigable waters include
the following: Rainy, Kabetogama, Namakan, Sand Point, and Crane Lakes. Pursuant to
applicable federal and state law, navigable waters and their beds are owned by the state.
Ownership of and jurisdiction over these watersnew text begin , frozen waters,new text end and their beds has not been
ceded by the state, either expressly or implicitly, to the United States. Unlike section 1.044
relating to the Upper Mississippi Wildlife and Fish Refuge, where the state expressly granted
its consent and jurisdiction to the United States to acquire interests in water, as well as land,
the consent granted by the state in section 84B.06 to acquisitions by the United States for
Voyageurs National Park is limited to land, only. In the discharge of their official duties,
the governor, attorney general, other constitutional officers, and other public officials, such
as the commissioner of natural resources, shall vigorously assert and defend, in all forums,
the state's ownership of and jurisdiction over these waters and their beds and related natural
resources, together with associated rights of the state and its citizens arising from the state's
ownership and jurisdiction. In discharging their duties, the governor, attorney general, other
constitutional officers, and other public officials shall, additionally, be especially cognizant
of the free rights of travel afforded to citizens of Minnesota and others under the
Webster-Ashburton Treaty (proclaimed November 10, 1842) and the Root-Bryce Treaty
(proclaimed May 13, 1910) on international and associated boundary waters. Also, in
furtherance of duties under this section, the commissioner of natural resources shall continue
in effect the commercial removal of new text begin native new text end rough fish, as defined in section 97A.015,
subdivision 43, from these waters, together with any rights to do so possessed by any person
on January 1, 1995, so long as the commissioner determines that such taking is desirable
to the management of the native fishery.
Minnesota Statutes 2022, section 88.82, is amended to read:
The Minnesota releaf program is established in the Department of Natural Resources to
encourage, promote, and fund the inventory, planting, assessment, maintenance,
improvement, protection, new text begin utilization, new text end and restoration of trees and forest resources in this
state to enhance community forest ecosystem health and sustainability as well as to reduce
atmospheric carbon dioxide levels and promote energy conservation.
Minnesota Statutes 2022, section 89.36, subdivision 1, is amended to read:
The commissioner of natural resources
may produce tree planting stock for the purposes of sections 89.35 to 89.39 upon any lands
under control of the commissioner which may be deemed suitable and available therefor so
far as not inconsistent with other uses to which such lands may be dedicated by law. deleted text begin The
commissioner may not produce more than 10,000,000 units of planting stock annually, after
January 1, 2003.
deleted text end
Minnesota Statutes 2022, section 89.37, subdivision 3, is amended to read:
The commissioner may supply deleted text begin only bare rootdeleted text end seedlings, woody
cuttings, and transplant material for use on private land, provided that such material must
be sold in lots of not less than 250 for a sum determined by the commissioner to be equivalent
to the cost of the materials and the expenses of their distribution. The commissioner may
not directly or indirectly supply any other planting stock for use on private lands.
Minnesota Statutes 2022, section 93.0015, subdivision 3, is amended to read:
The committee expires June 30, deleted text begin 2026deleted text end new text begin 2036new text end .
Minnesota Statutes 2022, section 97A.015, subdivision 3b, is amended to read:
"Bow fishing" means taking new text begin native new text end rough fish new text begin and common carp
new text end by archery where the arrows are tethered or controlled by an attached line.
Minnesota Statutes 2022, section 97A.015, subdivision 39, is amended to read:
"Protected wild animals" means big game, small
game, game fish, new text begin native new text end rough fish, minnows, leeches, deleted text begin alewives, ciscoes,deleted text end chubs, deleted text begin lake whitefish
and the subfamily Coregoninae, rainbow smelt,deleted text end frogs, turtles, clams, mussels, wolf, mourning
doves, bats, snakes, salamanders, lizards, any animal species listed as endangered, threatened,
or of special concern in Minnesota Rules, chapter 6134, and wild animals that are protected
by a restriction in the time or manner of taking, other than a restriction in the use of artificial
lights, poison, or motor vehicles.
Minnesota Statutes 2022, section 97A.015, subdivision 43, is amended to read:
"new text begin Native new text end rough fish" means deleted text begin carp, buffalo, sucker, sheepshead,
bowfin, gar, goldeye, and bullhead,deleted text end new text begin Amiidae (bowfin), Catostomidae (bigmouth, smallmouth,
and black buffalo; white, blue, spotted, and longnose sucker; northern hogsucker; quillback;
river and highfin carpsucker; and black, river, shorthead, golden, silver, and greater redhorse),
Hiodontidae (goldeye and mooneye), Ictaluridae (black, brown, and yellow bullhead),
Lepisosteidae (longnose and shortnose gar), and Sciaenidae (freshwater drum), new text end except for
any fish species listed as endangered, threatened, or of special concern in Minnesota Rules,
chapter 6134.
Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision
to read:
new text begin
"Taxidermist" means a person who engages in the business or
operation of preserving or mounting wild animals or parts thereof that do not belong to the
person.
new text end
Minnesota Statutes 2022, section 97A.055, subdivision 4b, is amended to read:
(a)
The commissioner shall appoint deleted text begin committeesdeleted text end new text begin a committeenew text end of new text begin at least 15 new text end affected persons tonew text begin :
new text end
new text begin (1)new text end review the reports prepared under subdivision 4;
new text begin (2)new text end review deleted text begin the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
informationdeleted text end new text begin annual outcomes achieved from game and fish fund expendituresnew text end ; and
new text begin (3)new text end make recommendations to the legislature and the commissioner for new text begin desired outcomes
related to:
new text end
new text begin
(i) protecting, restoring, and enhancing fish and wildlife habitat;
new text end
new text begin
(ii) fish and wildlife population management;
new text end
new text begin
(iii) fish and wildlife monitoring and research;
new text end
new text begin
(iv) communications and engagement; and
new text end
new text begin (v) new text end improvements in the management and use of money in the game and fish fund.
deleted text begin
(b) The commissioner shall appoint the following committees, each comprised of at
least ten affected persons:
deleted text end
deleted text begin
(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout-and-salmon stamps and walleye stamps; and
deleted text end
deleted text begin
(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.
deleted text end
deleted text begin
(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.
deleted text end
deleted text begin
(d) The Budgetary Oversight Committee shall develop recommendations for a biennial
budget plan and report for expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance.
deleted text end
deleted text begin
(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.
deleted text end
deleted text begin
(f) The Budgetary Oversight Committee may make recommendations to the commissioner
and to the senate and house of representatives committees with jurisdiction over natural
resources finance for outcome goals from expenditures.
deleted text end
new text begin
(b) The chair of the Fish and Wildlife Advisory Committee is appointed by the
commissioner.
new text end
new text begin
(c) By September 15 each year, the committee must submit a report to the commissioner
and to the chairs and ranking minority members of the legislative committees with jurisdiction
over natural resources finance and policy. Each even-numbered year, the report must focus
on biennial budget outcomes achieved from game and fish fund expenditures. Each
odd-numbered year, the report must focus on outcomes related to protecting habitat, fish
and wildlife population management, monitoring and research, and communications and
engagement.
new text end
new text begin
(d) Annually, the Fish and Wildlife Advisory Committee must hold a meeting for the
public to review proposed priorities for the next reporting period. The meeting must be
organized to allow virtual participation.
new text end
deleted text begin (g)deleted text end new text begin (e)new text end The deleted text begin committeesdeleted text end new text begin committeenew text end authorized under this subdivision deleted text begin aredeleted text end new text begin isnew text end not new text begin an new text end advisory
deleted text begin councilsdeleted text end new text begin councilnew text end or deleted text begin committeesdeleted text end new text begin committeenew text end governed by section 15.059 and deleted text begin aredeleted text end new text begin isnew text end not subject
to section 15.059. Committee members appointed by the commissioner may request
reimbursement for mileage expenses in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2. Committee members
must not receive daily compensation for deleted text begin oversightdeleted text end new text begin committeenew text end activities. deleted text begin The Fisheries
Oversight Committee, the Wildlife Oversight Committee, and the Budgetary Oversight
Committee expire June 30, 2025.deleted text end new text begin The Fish and Wildlife Advisory Committee expires June
30, 2033.
new text end
Minnesota Statutes 2022, section 97A.075, subdivision 2, is amended to read:
(a) Ninety percent of the revenue
from the Minnesota migratory-waterfowl stamps must be credited to the waterfowl habitat
improvement account and is appropriated to the commissioner only for:
(1) development of wetlands and lakes in the state and designated waterfowl management
lakes for maximum migratory waterfowl production including habitat evaluation, the
construction of dikes, water control structures and impoundments, nest cover, deleted text begin rough fishdeleted text end new text begin
common carpnew text end barriers, acquisition of sites and facilities necessary for development and
management of existing migratory waterfowl habitat and the designation of waters under
section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation of migratory waterfowl
habitat;
(4) acquisition of and access to structure sites; and
(5) the promotion of waterfowl habitat development and maintenance, including
promotion and evaluation of government farm program benefits for waterfowl habitat.
(b) Money in the account may not be used for costs unless they are directly related to a
specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
to specific management activities under paragraph (a), clause (2).
Minnesota Statutes 2022, section 97A.341, subdivision 1, is amended to read:
A person who kills, injures, or possesses a wild
animal in violation of the game and fish laws new text begin or section 343.21 new text end is liable to the state for the
value of the wild animal as provided in this section. Species afforded protection include
members of the following groups as defined by statute or rule: game fish, new text begin native rough fish,
new text end game birds, big game, small game, fur-bearing animals, minnows, and threatened and
endangered animal species. Other animal species may be added by rule of the commissioner
as determined after public meetings and notification of the chairs of the environment and
natural resources committees in the senate and house of representatives.
Minnesota Statutes 2022, section 97A.341, subdivision 2, is amended to read:
(a) An enforcement officer who arrests a
person for killing, injuring, or possessing a wild animal in violation of the game and fish
laws new text begin or section 343.21 new text end must describe the number, species, and restitution value of wild
animals illegally killed, injured, or possessed on the warrant or the notice to appear in court.
(b) As part of the charge against a person arrested for killing, injuring, or possessing a
wild animal in violation of the game and fish lawsnew text begin or section 343.21new text end , the prosecuting attorney
must include a demand that restitution be made to the state for the value of the wild animal
killed, injured, or possessed. The demand for restitution is in addition to the criminal penalties
otherwise provided for the violation.
Minnesota Statutes 2022, section 97A.341, subdivision 3, is amended to read:
If a person is convicted of or pleads guilty to killing,
injuring, or possessing a wild animal in violation of the game and fish lawsnew text begin or section 343.21new text end ,
the court must require the person to pay restitution to the state for replacement of the wild
animal as part of the sentence or state in writing why restitution was not imposed. The court
may consider the economic circumstances of the person and, in lieu of monetary restitution,
order the person to perform conservation work representing the amount of restitution that
will aid the propagation of wild animals. If the court does not order a person to pay restitution,
the court administrator must send a copy of the court order to the commissioner.
Minnesota Statutes 2022, section 97A.345, is amended to read:
(a) The commissioner may, by rules adopted under chapter 14, prescribe the dollar value
to the state of species of wild animals. The value may reflect the value to other persons to
legally take the wild animal, the replacement cost, or the intrinsic value to the state of the
wild animals. Species of wild animals with similar values may be grouped together.
(b) The value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.
(c) The commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were expended.
new text begin
(d) When a person kills, injures, or possesses a wild animal in violation of section 343.21,
the restitution value prescribed by the commissioner under paragraph (a) is doubled.
new text end
Minnesota Statutes 2023 Supplement, section 97A.405, subdivision 2, is amended
to read:
(a) A person acting under a license or traveling from an
area where a licensed activity was performed must have in personal possession:
(1) the proper paper license, if the license has been issued to and received by the person;
(2) a driver's license or Minnesota identification card that bears a valid designation of
the proper lifetime license, as provided under section 171.07, subdivision 19;
(3) the proper paper license identification number or stamp validation, if the license has
been sold to the person by electronic means but the actual license has not been issued and
received; or
(4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license.
(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer: (1) the proper paper
license if the license has been issued to and received by the person; (2) a driver's license or
Minnesota identification card that bears a valid designation of the proper lifetime license,
as provided under section 171.07, subdivision 19; (3) the proper paper license identification
number or stamp validation and a valid state driver's license, state identification card, or
other form of identification provided by the commissioner, if the license has been sold to
the person by electronic means but the actual license has not been issued and received; or
(4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest, or
satisfactory proof that at the time of the arrest the person was validly licensed. Upon request
of a conservation officer or peace officer, a licensee shall write the licensee's name in the
presence of the officer to determine the identity of the licensee.
(c) Except as provided in paragraph (a), clauses (2) and (4), if the actual license has been
issued and received, a receipt for license fees, a copy of a license, or evidence showing the
issuance of a license, including the license identification number or stamp validation, does
not entitle a licensee to exercise the rights or privileges conferred by a license.
(d) A paper license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory
waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee
after purchase of a stamp validation only if the licensee pays an additional fee that covers
the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be
purchased for a fee that covers the costs of producing and mailing the pictorial stamp.
Notwithstanding section 16A.1283, the commissioner may, by written order published in
the State Register, establish fees for providing the pictorial stamps. The fees must be set in
an amount that does not recover significantly more or less than the cost of producing and
mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply.
new text begin
(e) Notwithstanding paragraphs (a), (b), and (c), a person may use a digital image of a
paper license issued to and received by the person to meet the requirement to possess the
proper paper license under paragraph (a), clause (1), and may exhibit to a conservation
officer or peace officer a digital image of a paper license issued to and received by the
person to meet the requirements of paragraph (b). This paragraph expires March 1, 2026.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 97A.421, subdivision 2, is amended to read:
A person may
not obtain a license to take any wild animal or take wild animals under a lifetime license,
issued under section 97A.473 or 97A.474, for a period of three years after being convicted
of buying or selling game fish, new text begin native rough fish, new text end big game, or small game, and the total
amount of the sale is $300 or more.
Minnesota Statutes 2022, section 97A.425, is amended by adding a subdivision
to read:
new text begin
(a) Licensed taxidermists must dispose of all cervid carcasses
or cervid parts not returned to the patron, all biosolids resulting from cleaning cervid skulls,
and all carrion beetles and beetle waste used to clean cervid skulls. All disposals must be
to a disposal facility or transfer station that is permitted to accept it, and proof of the disposal
must be retained for inspection.
new text end
new text begin
(b) The following cervid parts are exempt from the disposal requirement:
new text end
new text begin
(1) cervid hides from which all excess tissue has been removed;
new text end
new text begin
(2) if free of brain and muscle tissues, whole or portions of skulls, antlers, or teeth; and
new text end
new text begin
(3) finished taxidermy mounts.
new text end
Minnesota Statutes 2022, section 97A.425, subdivision 4, is amended to read:
The commissioner may adopt rules, not inconsistent with subdivisions
1 to deleted text begin 3deleted text end new text begin 3anew text end , governing record keeping, reporting, and marking of specimens by taxidermists.
Minnesota Statutes 2022, section 97A.475, subdivision 39, is amended to read:
The fee for a license to prepare dressed game fish new text begin or native rough
fish new text end for transportation or shipment is $40.
Minnesota Statutes 2022, section 97A.505, subdivision 8, is amended to read:
(a) Importing Cervidae carcasses procured by
any means into Minnesota is prohibited except fornew text begin :
new text end
new text begin (1) new text end cut and wrapped meatdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end quarters or other portions of meat with no part of the spinal column or head attacheddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end antlers, hides,new text begin ornew text end teethdeleted text begin , finished taxidermy mounts, anddeleted text end new text begin ;
new text end
new text begin (4) if cleaned of all brain tissue, new text end antlers attached to skull caps deleted text begin that are cleaned of all brain
tissue.deleted text end new text begin or whole skulls; and
new text end
new text begin
(5) finished taxidermy mounts.
new text end
(b) Cervidae carcasses originating from outside Minnesota may be transported on a
direct route through the state by nonresidents.
new text begin
(c) Heads from cervids with or without the cape and neck attached that originate from
outside Minnesota may be transported into Minnesota only if they are delivered to a licensed
taxidermist within 48 hours of entering Minnesota.
new text end
Minnesota Statutes 2022, section 97A.551, subdivision 2, is amended to read:
A person may not transport game fishnew text begin or
native rough fishnew text end taken in another state or country through the state during the closed season
or in excess of the possession limit unless the fish are:
(1) transported by common carrier; or
(2) tagged, sealed, or marked as prescribed by the commissioner.
Minnesota Statutes 2022, section 97B.022, subdivision 2, is amended to read:
(a) A resident or nonresident born after December 31, 1979,
who is age 12 or over and who does not possess a hunter education firearms safety certificatenew text begin
or a resident or nonresident born after December 31, 1989, who does not possess a trapper
education certificatenew text end may be issued an apprentice-hunternew text begin /trappernew text end validation. An
apprentice-hunternew text begin /trappernew text end validation may be purchased two license years in a lifetime and
used to obtain huntingnew text begin or trappingnew text end licenses during the same license year that the validation
is purchased.
(b) An individual in possession of an apprentice-hunternew text begin /trappernew text end validation may deleted text begin huntdeleted text end new text begin takenew text end
small game, deer, and bear only when accompanied by an adult who has a valid license to
deleted text begin huntdeleted text end new text begin takenew text end the same species of game in Minnesota and whose license was not obtained using
an apprenticedeleted text begin -hunterdeleted text end validation.
(c) When an individual in possession of an apprentice-hunternew text begin /trappernew text end validation is hunting
turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed for
another permit area or time period but must be licensed for the same season as the apprentice
hunter. If the accompanying adult is not licensed for the same permit area or time period
as the apprentice hunter, the accompanying adult may not shoot or possess a firearm or bow
while accompanying the apprentice hunter under this paragraph.
(d) An apprentice-hunternew text begin /trappernew text end -validation holder must obtain all required licenses and
stamps.
Minnesota Statutes 2022, section 97B.022, subdivision 3, is amended to read:
The fee for an
apprentice-hunternew text begin /trappernew text end validation is $3.50. Fees collected must be deposited in the firearms
safetynew text begin and trapper educationnew text end training account, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, and
issuing fees collected under section 97A.485, subdivision 6, and are appropriated annually
to the Enforcement Division of the Department of Natural Resources for administering the
firearm safety course deleted text begin programdeleted text end new text begin and trapper education programsnew text end .
Minnesota Statutes 2023 Supplement, section 97B.037, is amended to read:
(a) Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer,
bear, turkey,new text begin common carp,new text end or new text begin native new text end rough fish by crossbow during the respective regular
archery seasons. The transportation requirements of section 97B.051 apply to crossbows
during the regular archery deer, bear, turkey,new text begin common carp,new text end or new text begin native new text end rough fish season.
Crossbows must meet the requirements of section 97B.106, subdivision 2. A person taking
deer, bear, turkey,new text begin common carp,new text end or new text begin native new text end rough fish by crossbow under this section must
have a valid license to take the respective game.
(b) This section expires June 30, 2025.
Minnesota Statutes 2022, section 97B.055, subdivision 2, is amended to read:
(a) A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this section.
(b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace
officer by:
(1) discharging a firearm from a motor vehicle; or
(2) discharging an arrow from a bow from a motor vehicle.
(c) Notwithstanding section 97B.091, a person may transport a bow uncased while in a
motorized watercraft and may take new text begin native new text end rough fish new text begin and common carp new text end while in the boat as
provided in section 97C.376, subdivision 3.
Minnesota Statutes 2023 Supplement, section 97B.071, is amended to read:
(a) Except as provided in rules adopted under paragraph (d), a person may not hunt or
trap during the open season where deer may be taken by firearms under applicable laws and
ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
foot square. This section does not apply to migratory-waterfowl hunters on waters of this
state or in a stationary shooting location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph (d), and in addition to the
requirement in paragraph (a), a person may not take small game other than turkey, migratory
birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery or
when hunting small game by falconry.
(c) A personnew text begin hunting deernew text end in a fabric or synthetic ground blind on public land must have:
(1) a blaze orange safety covering on the top of the blind that is visible for 360 degrees
around the blind; or
(2) at least 144 square inches of blaze orange material on each side of the blind.
(d) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
(e) A violation of paragraph (b) does not result in a penalty, but is punishable only by
a safety warning.
Minnesota Statutes 2022, section 97B.106, is amended to read:
(a) The commissioner may issue a special permit, without a
fee, to take big game, small game, deleted text begin ordeleted text end new text begin native new text end rough fishnew text begin , or common carpnew text end with a crossbow
to a person that is unable to hunt or take new text begin native new text end rough fish new text begin or common carpnew text end by archery
because of a permanent or temporary physical disability. A crossbow permit issued under
this section also allows the permittee to use a bow with a mechanical device that draws,
releases, or holds the bow at full draw as provided in section 97B.035, subdivision 1,
paragraph (a).
(b) To qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years after
application for the permit is made. The permanent or temporary disability must be established
by medical evidence, and the inability to hunt or fish by archery for the required period of
time must be verified in writing by (1) a licensed physician, licensed advanced practice
registered nurse, or licensed physician assistant; or (2) a licensed chiropractor. A person
who has received a special permit under this section because of a permanent disability is
eligible for subsequent special permits without providing medical evidence and verification
of the disability.
(c) The person must obtain the appropriate license.
(a) A crossbow used for hunting under the provisions
of this section must:
(1) be fired from the shoulder;
(2) deliver at least 42 foot-pounds of energy at a distance of ten feet;
(3) have a working safety; and
(4) be used with arrows or bolts at least ten inches long.
(b) An arrow or bolt used to take big game or turkey under the provisions of this section
must meet the legal arrowhead requirements in section 97B.211, subdivision 2.
(c) An arrow or bolt used to take new text begin native new text end rough fish new text begin or common carpnew text end with a crossbow
under the provisions of this section must be tethered or controlled by an attached line.
Minnesota Statutes 2022, section 97B.318, subdivision 1, is amended to read:
During the regular firearms season in the shotgun use
area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long
guns, and legal handguns may be used for taking deer. Legal shotguns include those with
rifled barrels. The shotgun use area is that portion of the state deleted text begin lying within the following
described boundary: Beginning on the west boundary of the state at the northern boundary
of Clay County; thence along the northern boundary of Clay County to State Trunk Highway
(STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94
(I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence
along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas
County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to
CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to
CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd
County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH
27; thence along STH 27 to the Mississippi River; thence along the east bank of the
Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to
U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of beginningdeleted text end new text begin consisting
of Blue Earth, Dodge, Freeborn, Mower, Nicollet, and Olmsted Counties, until such time
as each respective county elects not to be included in the shotgun use areanew text end .
Minnesota Statutes 2022, section 97C.001, subdivision 2, is amended to read:
(a) Before the commissioner designates,
or vacates or extends the designation of, experimental waters, deleted text begin a public meeting must be
held in the county where the largest portion of the waters is locateddeleted text end new text begin notice of the proposed
change must be provided in the county where the largest portion of the waters is located, a
virtual or in-person meeting must be held, and opportunity to submit public comment must
be offerednew text end .
(b) deleted text begin At least 90 days before the public meeting and during the open angling season for
fish the taking of which is, or is proposed to be, regulated under subdivision 3 on the waters
under consideration,deleted text end new text begin Before the year that the designation is to become effective, the
commissioner must givenew text end notice of the proposed designation, vacation, or extension deleted text begin must
bedeleted text end new text begin . The notice must summarize the proposed action and invite public comment. Public
comments must be accepted at least through September 30, and the commissioner must
consider any public comments received in making a final decision. Notice must include:
new text end
new text begin (1) signs of the proposed changes and instructions for submitting comments new text end posted at
publicly maintained access points on the waterdeleted text begin .deleted text end new text begin by June 1;
new text end
new text begin
(2) a list of proposed changes posted on the department's website by June 1, summarizing
the proposed actions and inviting public comment; and
new text end
new text begin
(3) a news release issued by the commissioner by July 1, a notice published in a
newspaper of general circulation in the area where the waters are located by August 20, and
at least one more digital media communication published by August 31.
new text end
(c) deleted text begin Before the public meeting, notice of the meeting must be published in a news release
issued by the commissioner and in a newspaper of general circulation in the area where the
proposed experimental waters are located. The notice must be published at least once between
30 and 60 days before the meeting, and at least once between seven and 30 days before the
meeting.deleted text end new text begin A virtual or in-person meeting must be held before September 20 where public
comment must be accepted. An in-person meeting, where public comment must be accepted,
must be held in the county where the largest portion of the waters is located if:
new text end
new text begin
(1) a water or connected waters to be designated is over 5,000 acres or a stream or river
reach is over 10 miles; or
new text end
new text begin
(2) a request for an in-person meeting is submitted to the commissioner by August 20
before the year that the designation is to become effective.
new text end
(d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for the receipt of public comments. The
commissioner shall mail a copy of each required notice to persons who have registered their
names with the commissioner for this purpose. The commissioner shall consider any public
comments received in making a final decision.
deleted text begin
(e) If a water to be designated is a lake with a water area of more than 1,500 acres, or
is a stream or river with a reach of more than six miles, a public meeting must also be held
in the seven-county metropolitan area.
deleted text end
Minnesota Statutes 2022, section 97C.005, subdivision 2, is amended to read:
(a) Before the commissioner designates
special management waters, deleted text begin public comment must be received and, for waters other than
those proposed to be designated as trout streams or trout lakes, a public meeting must be
held in the county where the largest portion of the waters is locateddeleted text end new text begin notice of the proposed
designation must be given, a virtual or in-person meeting must be held, and opportunity to
submit public comment must be offerednew text end .
deleted text begin
(b) For waters previously designated as experimental waters, a proposed change in status
to special management waters must be announced before the public meeting by notice
published in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. The notice must be published at least
once between 30 and 60 days before the public meeting, and at least once between seven
and 30 days before the meeting. If a water proposed to be designated is a lake with a water
area of more than 1,500 acres, or is a stream or river with a reach of more than six miles, a
public meeting must also be held in the seven-county metropolitan area.
deleted text end
deleted text begin
(c) For proposed special management waters, other than designated trout lakes and
designated trout streams, that were not previously designated as experimental waters, notice
of the proposed designation must be given as provided in this paragraph. The notice must
be posted at publicly maintained access points at least 90 days before the public meeting
and during the open angling season for fish the taking of which on the waters is proposed
to be regulated under subdivision 3. Before the public meeting, notice of the meeting must
be published in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the proposed special management waters are located. The
notice must be published at least once between 30 and 60 days before the meeting, and at
least once between seven and 30 days before the meeting. If a water to be designated is a
lake with a water area of more than 1,500 acres, or is a stream or river with a reach of more
than six miles, a public meeting must also be held in the seven-county metropolitan area.
deleted text end
new text begin
(b) For proposed special management waters other than designated trout lakes and
designated trout streams, before the year that the designation is to become effective, the
commissioner must give notice of the proposed designation. The notice must summarize
the proposed action and invite public comment. Public comments must be accepted at least
through September 30, and the commissioner must consider any public comments received
in making a final decision. Notice must include:
new text end
new text begin
(1) signs of the proposed designation and instructions for submitting comments posted
at publicly maintained access points on the water by June 1;
new text end
new text begin
(2) a list of proposed designations posted on the department's website by June 1,
summarizing the proposed action and inviting public comment; and
new text end
new text begin
(3) a news release issued by the commissioner by July 1, a notice published in a
newspaper of general circulation in the area where the waters are located by August 15, and
at least one more digital media communication published by August 31.
new text end
new text begin
(c) A virtual or in-person meeting must be held before September 20 where public
comment must be accepted. An in-person meeting, where public comment must be accepted,
must be held in the county where the largest portion of the waters is located if:
new text end
new text begin
(1) a water to be designated is a lake over 5,000 acres or is a stream or river reach over
10 miles; or
new text end
new text begin
(2) a request for an in-person meeting is submitted to the commissioner by August 20
before the year that the designation is to become effective.
new text end
(d) For waters proposed to be designated as trout streams or trout lakes, notice of the
proposed designation must be published at least 90 days before the effective date of the
designation in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. In addition, all riparian owners along
the waters must be notified at least 90 days before the effective date of the designation.
(e) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for the receipt of public comments. The
commissioner shall mail a copy of each required notice to persons who have registered their
names with the commissioner for this purpose. The commissioner shall consider any public
comments received in making a final decision.
Minnesota Statutes 2022, section 97C.025, is amended to read:
(a) The commissioner may prohibit or restrict the taking of fish or the operation of
motorboats by posting waters that:
(1) are designated as spawning beds or fish preserves;
(2) are being used by the commissioner for fisheries research or management activities;
or
(3) are licensed by the commissioner as a private fish hatchery or aquatic farm under
section 17.4984, subdivision 1, or 97C.211, subdivision 1.
An area may be posted under this paragraph if necessary to prevent excessive depletion of
fish or interference with fisheries research or management activities or private fish hatchery
or aquatic farm operations.
(b) The commissioner will consider the following criteria in determining if waters
licensed under a private fish hatchery or aquatic farm should be posted under paragraph (a):
(1) the waters contain game fish new text begin brood stock or native rough fish brood stock and the
new text end brood stock deleted text begin that aredeleted text end new text begin isnew text end vital to the private fish hatchery or aquatic farm operation;
(2) game fishnew text begin or native rough fishnew text end are present in the licensed waters only as a result of
aquaculture activities by the licensee; and
(3) no public access to the waters existed when the waters were first licensed.
(c) A private fish hatchery or aquatic farm licensee may not take fish or authorize others
to take fish in licensed waters that are posted under paragraph (a), except as provided in
section 17.4983, subdivision 3, and except that if waters are posted to allow the taking of
fish under special restrictions, licensees and others who can legally access the waters may
take fish under those special restrictions.
(d) Before March 1, 2003, riparian landowners adjacent to licensed waters on April 30,
2002, and riparian landowners who own land adjacent to waters licensed after April 30,
2002, on the date the waters become licensed waters, plus their children and grandchildren,
may take two daily limits of fish per month under an angling license subject to the other
limits and conditions in the game and fish laws.
(e) Except as provided in paragraphs (c), (d), and (f), a person may not take fish or
operate a motorboat if prohibited by posting under paragraph (a).
(f) An owner of riparian land adjacent to an area posted under paragraph (a) may operate
a motorboat through the area by the shortest direct route at a speed of not more than five
miles per hour.
(g) Postings for water bodies designated under paragraph (a), clause (1), or being used
for fisheries research or management under paragraph (a), clause (2), are not subject to the
rulemaking provisions of chapter 14, and section 14.386 does not apply.
Minnesota Statutes 2022, section 97C.035, subdivision 3, is amended to read:
(a) The commissioner may authorize residents to take fish:
(1) in any quantity;
(2) in any manner, except by use of seines, hoop nets, fyke nets, and explosives; and
(3) for personal use only, except deleted text begin rough fishdeleted text end new text begin common carpnew text end may be sold.
(b) The commissioner may authorize the taking of fish by posting notice conspicuously
along the shore of the waters and publishing a news release in a newspaper of general
circulation in the area where the waters are located.
Minnesota Statutes 2023 Supplement, section 97C.041, is amended to read:
The commissioner may take new text begin native new text end rough fishnew text begin , common carp,new text end and rainbow smelt with
seines, nets, and other devices. The commissioner may hire or contract persons, or issue
permits, to take the fish. The commissioner shall prescribe the manner of taking and disposal.
The commissioner may award a contract under this section without competitive bidding.
Before establishing the contractor's compensation, the commissioner must consider the
qualifications of the contractor, including the contractor's equipment, knowledge of the
waters, and ability to perform the work.
Minnesota Statutes 2022, section 97C.045, is amended to read:
The commissioner may enter into agreements with North Dakota, South Dakota,
Wisconsin, and Iowa, relating to the removal ofnew text begin common carp and nativenew text end rough fish in
boundary waters. The agreements may include:
(1) contracting to remove new text begin common carp and native new text end rough fish;
(2) inspection of the work;
(3) the division of proceeds; and
(4) regulating the taking of new text begin common carp and native new text end rough fish.
Minnesota Statutes 2022, section 97C.081, subdivision 3a, is amended to read:
A person may conduct a fishing contest without a permit
from the commissioner if:
(1) the contest is not limited to specifically named waters;
(2) the contest is limited to deleted text begin rough fishdeleted text end new text begin common carpnew text end and participants are required to fish
with a hook and line; or
(3) the total prize value is $500 or less.
Minnesota Statutes 2022, section 97C.211, subdivision 5, is amended to read:
The commissioner may sell or barter game
fishnew text begin or native rough fishnew text end fry or eggs for not less than the cost associated with the production
of eggs or fry.
Minnesota Statutes 2023 Supplement, section 97C.371, subdivision 1, is amended
to read:
Only new text begin common carp, native new text end rough fish, catfish, lake
whitefish, cisco (tulibee), and northern pike may be taken by spearing.
Minnesota Statutes 2022, section 97C.375, is amended to read:
(a) A resident or nonresident may take new text begin native new text end rough fish new text begin and common carpnew text end by spearing
according to paragraph (b) and during the times, in waters, and in the manner prescribed
by the commissioner.
(b) Suckers may be taken by spearing from deleted text begin the last Saturday in Aprildeleted text end new text begin May 1new text end through the
last deleted text begin Sundaydeleted text end new text begin daynew text end in February.
Minnesota Statutes 2022, section 97C.376, subdivision 1, is amended to read:
(a) The regular bow-fishing season for residents and nonresidents
is from deleted text begin the last Saturday in April todeleted text end new text begin May 1 throughnew text end the last deleted text begin Sundaydeleted text end new text begin daynew text end in February at any
time of the day.
(b) The early bow-fishing season for residents and nonresidents is open only south of
State Highway 210 from deleted text begin the Monday after the last Sunday in February to the Friday beforedeleted text end new text begin
March 1 throughnew text end the last deleted text begin Saturdaydeleted text end new text begin daynew text end in April at any time of the day. During the early
season, a person may bow fish:
(1) only from a boat; and
(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
Minnesota Statutes 2022, section 97C.376, subdivision 5, is amended to read:
new text begin Native new text end rough fish
new text begin and common carp new text end taken by bow fishing deleted text begin shalldeleted text end new text begin mustnew text end not be returned to the water, and new text begin native
new text end rough fishnew text begin and common carpnew text end may not be left on the banks of any water of the state.
Minnesota Statutes 2022, section 97C.381, is amended to read:
A resident or nonresident may use a rubber powered gun, spring gun, or compressed air
gun to take new text begin native new text end rough fish new text begin and common carp new text end by harpooning. The harpoon must be fastened
to a line not more than 20 feet long. The commissioner may prescribe the times, the waters,
and the manner for harpooning new text begin native new text end rough fishnew text begin and common carpnew text end .
Minnesota Statutes 2022, section 97C.385, is amended to read:
If the commissioner closes the
statutory open season for deleted text begin thedeleted text end spearing deleted text begin ofdeleted text end a game fish new text begin or native rough fish new text end species in any
waters, the commissioner must, in the same rule, close the following statutory open season
for angling for the same species in the waters in the same proportion.
If the commissioner reduces the limit of a
species of game fish new text begin or native rough fish new text end taken by spearing in any waters under section
97A.045, subdivision 2, the commissioner must reduce the limit for taking deleted text begin ofdeleted text end the species
by angling in the waters during the following open season for angling.
The commissioner may not close the open season
for taking game fish new text begin or native rough fish new text end through the ice on more than 50 percent of the
named lakes or streams of a county under section 97A.045, subdivision 2.
Minnesota Statutes 2022, section 97C.391, subdivision 1, is amended to read:
A person may not buy or sell fish taken from the
waters of this state, except:
(1) minnows;
(2) deleted text begin rough fishdeleted text end new text begin common carpnew text end ;
(3) smelt taken from Lake Superior and rivers and streams that flow into Lake Superior;
(4) fish taken under licensed commercial fishing operations;
(5) fish that are private aquatic life; and
(6) fish lawfully taken and subject to sale from other states and countries.
Minnesota Statutes 2022, section 97C.395, as amended by Laws 2023, chapter
60, article 4, section 70, is amended to read:
(a) The open seasons to take fish by angling
are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth
bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend through the
last Sunday in February;
deleted text begin
(2) for lake trout, from January 1 through October 31;
deleted text end
deleted text begin
(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 through March 31;
deleted text end
deleted text begin
(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located entirely within the Boundary Waters Canoe Area, from January
1 through March 31;
deleted text end
deleted text begin (5)deleted text end new text begin (2)new text end for brown trout, brook trout, new text begin lake trout, new text end rainbow trout, and splake, between January
1 through October 31 as prescribed by the commissioner by rule except as provided in
section 97C.415, subdivision 2; and
deleted text begin (6)deleted text end new text begin (3)new text end for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are spawning
and closing the season will protect the resource.
For sunfish, white crappie, black
crappie, yellow perch, new text begin channel new text end catfish, rock bass, white bass, yellow bass, burbot, cisco
(tullibee), new text begin common carp,new text end lake whitefish, and new text begin native new text end rough fish, the open season is continuous.
Minnesota Statutes 2022, section 97C.411, is amended to read:
Lake sturgeon, shovelnose sturgeon, and paddlefish may not be taken, bought, sold,
transported or possessed except as provided by rule of the commissioner. deleted text begin The commissioner
may only allow the taking of these fish in waters that the state boundary passes through and
in tributaries to the St. Croix River.
deleted text end
Minnesota Statutes 2022, section 97C.505, subdivision 8, is amended to read:
When nets and traps are lawfully set and
tended, minnows deleted text begin anddeleted text end new text begin ,new text end incidentally taken game fish under four inches in lengthnew text begin , and
incidentally taken native rough fish that are not classified as minnowsnew text end are not considered
to be in possession until the minnowsnew text begin , native rough fish,new text end or game fish are placed on a motor
vehicle or trailer for transport on land.
Minnesota Statutes 2022, section 97C.801, subdivision 2, is amended to read:
(a) A license is required to
commercially take new text begin native new text end rough fish with seines in the Mississippi River from the St. Croix
River junction to St. Anthony Falls.
(b) A person may take new text begin native new text end rough fish in the Mississippi River, from the St. Croix
River junction to St. Anthony Falls, only with the following equipment and methods:
(1) operations shall be conducted only in the flowing waters of the river and in tributary
backwaters prescribed by the commissioner;
(2) seines may be used only as prescribed by this section and rules adopted by the
commissioner;
(3) seines must be hauled to a landing immediately after being placed;
(4) two seines may not be joined together in the water; and
(5) a seine may not be landed between sunset and sunrise.
Minnesota Statutes 2022, section 97C.805, subdivision 1, is amended to read:
(a) The commissioner shall, by rule, prescribe the open
season and open state waters for netting lake whitefish and ciscoes. The commissioner may
open specific lakes and waters that are otherwise closed if the commissioner posts notice
of the date and time in appropriate public places at least 48 hours before the open season
begins.
(b) The commissioner may close specific lakes and waters that are otherwise open under
this subdivision if the commissioner posts notice of the closing at a minimum of three sites
on the shore of the waters, including all public water-access sites. Before closing waters
under this paragraph, the commissioner shall determine that the closure is necessary to
protect game fish new text begin or native rough fish new text end populations.
Minnesota Statutes 2022, section 97C.805, subdivision 4, is amended to read:
Lake whitefish and ciscoes taken under
this section may be taken and possessed without limit. new text begin Native new text end rough fish caught while netting
may be retained. All other fish taken while netting must be returned to the water immediately.
Minnesota Statutes 2022, section 97C.811, subdivision 2, is amended to read:
For purposes of this section and section 97A.475,
subdivision 30, "commercial fish" are new text begin common new text end carpdeleted text begin ; bowfin; burbot; cisco; goldeye; rainbow
smelt; black bullhead, brown bullhead, and yellow bullhead; lake whitefish; members of
the sucker family, Catostomidae, including white sucker, redhorse, bigmouth buffalo, and
smallmouth buffalo; members of the drum family, Sciaenidae, including sheepshead; and
members of the gar family, Lepisosteidaedeleted text end new text begin and native rough fish, except for bowfinnew text end .
Minnesota Statutes 2022, section 97C.831, subdivision 1, is amended to read:
Lake whitefish
and new text begin native new text end rough fish may be taken by licensed commercial fishing operators unless otherwise
changed by rule of the commissioner, under section 97C.805, subdivision 1, from Namakan
Lake and Sand Point Lake.
Minnesota Statutes 2022, section 97C.835, subdivision 2, is amended to read:
Lake trout, ciscoes, chubs, alewives, lake whitefish,
round whitefish, pygmy whitefish, rainbow smelt, new text begin common carp,new text end and new text begin native new text end rough fish may
be taken by licensed commercial fishing operators from Lake Superior, in accordance with
this section.
Minnesota Statutes 2022, section 97C.835, subdivision 3, is amended to read:
Pound or trap nets may be used to take lake whitefish,
round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, new text begin common carp,new text end
and new text begin native new text end rough fish in Lake Superior, including St. Louis Bay east of the U.S. Highway
53 bridge, under the rules prescribed by the commissioner.
Minnesota Statutes 2022, section 97C.865, subdivision 1, is amended to read:
(a) A person engaged in a business providing
services to a person taking fish may not prepare dressed game fishnew text begin or dressed native rough
fishnew text end for shipment without a fish packer's license. The fish packer must maintain a permanent
record of:
(1) the name, address, and license number of the shipper;
(2) the name and address of the consignee; and
(3) the number of each species and net weight of fish in the shipment.
(b) The records of the fish packer must be made available to an enforcement officer
upon request.
Minnesota Statutes 2022, section 103F.211, subdivision 1, is amended to read:
The commissioner shall adopt model standards and criteria
for the subdivision, use, and development of shoreland in municipalities and areas outside
of a municipality. new text begin The authority to adopt model standards and criteria is exempt from section
14.125 and does not expire. new text end The standards and criteria must include:
(1) the area of a lot and length of water frontage suitable for a building site;
(2) the placement of structures in relation to shorelines and roads;
(3) the placement and construction of sanitary and waste disposal facilities;
(4) designation of types of land uses;
(5) changes in bottom contours of adjacent public waters;
(6) preservation of natural shorelands through the restriction of land uses;
(7) variances from the minimum standards and criteria; and
(8) for areas outside of a municipality only, a model ordinance.
Minnesota Statutes 2023 Supplement, section 103G.301, subdivision 2, is amended
to read:
(a) A fee to defray the costs of
receiving, recording, and processing must be paid for a permit application authorized under
this chapter, except for a general permit application, for each request to amend or transfer
an existing permit, and for a notification to request authorization to conduct a project under
a general permit. Fees established under this subdivision, unless specified in paragraph (c),
must comply with section 16A.1285.
(b) Proposed projects that require water in excess of 100 million gallons per year must
be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
for environmental review. Fees collected under this paragraph must be credited to an account
in the natural resources fund and are appropriated to the commissioner.
(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b), is $150. The application fee for a permit to construct or repair a dam that is
subject to a dam safety inspection, to work in public waters, or to divert waters for mining
must be at least $1,200, but not more than $12,000. The fee for a notification to request
authorization to conduct a project under a general permit is $400new text begin , except that the fee for a
notification to request authorization to appropriate water under a general permit is $100new text end .
Minnesota Statutes 2022, section 103G.315, subdivision 15, is amended to read:
The commissioner shall adopt rules prescribing standards and criteria
for issuing and denying water-use permits and public-waters-work permits.new text begin The authority
to adopt the rules is exempt from section 14.125 and does not expire.
new text end
Minnesota Statutes 2023 Supplement, section 115.03, subdivision 1, is amended
to read:
(a) The commissioner is given and charged with the following
powers and duties:
(1) to administer and enforce all laws relating to the pollution of any of the waters of
the state;
(2) to investigate the extent, character, and effect of the pollution of the waters of this
state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;
(3) to establish and alter such reasonable pollution standards for any waters of the state
in relation to the public use to which they are or may be put as it shall deem necessary for
the purposes of this chapter and, with respect to the pollution of waters of the state, chapter
116;
(4) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;
(5) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:
(i) requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;
(ii) prohibiting or directing the abatement of any discharge of sewage, industrial waste,
or other wastes, into any waters of the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into any waters of the state in
violation of this chapter and, with respect to the pollution of waters of the state, chapter
116, or standards or rules promulgated or permits issued pursuant thereto, and specifying
the schedule of compliance within which such prohibition or abatement must be
accomplished;
(iii) prohibiting the storage of any liquid or solid substance or other pollutant in a manner
which does not reasonably assure proper retention against entry into any waters of the state
that would be likely to pollute any waters of the state;
(iv) requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;
(v) establishing, and from time to time revising, standards of performance for new sources
taking into consideration, among other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such effluent reduction, and any
nonwater quality environmental impact and energy requirements. Said standards of
performance for new sources shall encompass those standards for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction which the agency
determines to be achievable through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants. New sources shall encompass buildings,
structures, facilities, or installations from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication by the agency of proposed
rules prescribing a standard of performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state, any point source the construction
of which is commenced after May 20, 1973, and which is so constructed as to meet all
applicable standards of performance for new sources shall, consistent with and subject to
the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution
Control Act, not be subject to any more stringent standard of performance for new sources
during a ten-year period beginning on the date of completion of such construction or during
the period of depreciation or amortization of such facility for the purposes of section 167
or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first.
Construction shall encompass any placement, assembly, or installation of facilities or
equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;
(vi) establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;
(vii) requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(viii) notwithstanding any other provision of this chapter, and with respect to the pollution
of waters of the state, chapter 116, requiring the achievement of more stringent limitations
than otherwise imposed by effluent limitations in order to meet any applicable water quality
standard by establishing new effluent limitations, based upon section 115.01, subdivision
13, clause (b), including alternative effluent control strategies for any point source or group
of point sources to insure the integrity of water quality classifications, whenever the agency
determines that discharges of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any standard of best available
technology, would interfere with the attainment or maintenance of the water quality
classification in a specific portion of the waters of the state. Prior to establishment of any
such effluent limitation, the agency shall hold a public hearing to determine the relationship
of the economic and social costs of achieving such limitation or limitations, including any
economic or social dislocation in the affected community or communities, to the social and
economic benefits to be obtained and to determine whether or not such effluent limitation
can be implemented with available technology or other alternative control strategies. If a
person affected by such limitation demonstrates at such hearing that, whether or not such
technology or other alternative control strategies are available, there is no reasonable
relationship between the economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as it applies to such person;
(ix) modifying, in its discretion, any requirement or limitation based upon best available
technology with respect to any point source for which a permit application is filed after July
1, 1977, upon a showing by the owner or operator of such point source satisfactory to the
agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and
(x) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;
(6) to require to be submitted and to approve plans and specifications for disposal systems
or point sources, or any part thereof and to inspect the construction thereof for compliance
with the approved plans and specifications thereof;
(7) to prescribe and alter rules, not inconsistent with law, for the conduct of the agency
and other matters within the scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state, in chapter 116, provided that
every rule affecting any other department or agency of the state or any person other than a
member or employee of the agency shall be filed with the secretary of state;
(8) to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;
(9) for the purpose of water pollution control planning by the state and pursuant to the
Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;
(10) to train water pollution control personnel and charge training fees as are necessary
to cover the agency's costs. All such fees received must be paid into the state treasury and
credited to the Pollution Control Agency training account;
(11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs not to exceed $350. All training fees received must be paid into the state
treasury and credited to the Pollution Control Agency training account;
(12) to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;
(13) to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;
(14) to require each governmental subdivision identified as a permittee for a wastewater
treatment works to evaluate in every odd-numbered year the condition of its existing system
and identify future capital improvements that will be needed to attain or maintain compliance
with a national pollutant discharge elimination system or state disposal system permit; deleted text begin and
deleted text end
(15) to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees as necessary to pay the agency's costs. All fees received must be paid into
the state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to trainingdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(16) to encourage practices that enable the recovery and use of waste heat from
wastewater treatment operations, in accordance with the federal Clean Water Act, United
States Code, title 33, section 1281(e).
new text end
(b) The information required in paragraph (a), clause (14), must be submitted in every
odd-numbered year to the commissioner on a form provided by the commissioner. The
commissioner shall provide technical assistance if requested by the governmental subdivision.
(c) The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.
new text begin
Notwithstanding chapter 115 or 116 or any other provision of law, the Pollution Control
Agency may not regulate the discharge of sewage that does not contain toilet wastes by
commercial houseboat operators operating in St. Louis, Koochiching, or Lake County.
Instead, St. Louis, Koochiching, and Lake Counties must regulate those discharges in their
respective counties. A county ordinance adopted under this section must comply with the
federal Clean Boating Act of 2008 and all other applicable federal laws.
new text end
Minnesota Statutes 2022, section 115.55, is amended by adding a subdivision to
read:
new text begin
A precast reinforced concrete tank that has one or
more openings in the exterior walls or tank bottom below the tank liquid level meets
minimum standards and criteria for subsurface sewage treatment systems if:
new text end
new text begin
(1) the openings have been repaired or sealed; and
new text end
new text begin
(2) all other requirements of the rules adopted under subdivision 3 are met.
new text end
new text begin
(a) Every two years, beginning in ..., the commissioner
must direct the owners and operators at 20 percent of each of the following facility types
to perform a waste composition study:
new text end
new text begin
(1) mixed municipal solid waste land disposal facilities;
new text end
new text begin
(2) industrial solid waste land disposal facilities;
new text end
new text begin
(3) demolition debris land disposal facilities;
new text end
new text begin
(4) resource recovery facilities;
new text end
new text begin
(5) transfer stations; and
new text end
new text begin
(6) other facilities identified by the commissioner.
new text end
new text begin
(b) The waste composition study must be performed at the sole expense of each owner
or operator as directed by the commissioner.
new text end
new text begin
(c) When selecting facilities for waste composition studies, the commissioner must rotate
the participants so that, over time, the studies cover the entirety of the facilities identified
under paragraph (a). The commissioner must determine the time frame for each study in
the two-year cycle. The owner or operator of each selected facility must complete the study
within one year of being notified by the commissioner of selection to perform a waste
composition study.
new text end
new text begin
(a) The commissioner must:
new text end
new text begin
(1) determine the sampling methods to be used and the categories of materials to be
sampled for waste composition studies; and
new text end
new text begin
(2) provide the sampling methods and any additional requirements identified by the
commissioner to each owner or operator directed to perform a study.
new text end
new text begin
(b) The sampling methods must include the number of samples to be taken, the size or
weight of each sample, the duration of a sampling event, the sampling interval, and any
additional methods identified by the commissioner. The categories of materials to be sampled
must include categories and subcategories identified by the commissioner to represent the
materials present at each facility.
new text end
new text begin
Within six months after completing a waste composition study required
under this section, the owner or operator of a facility must submit the raw data and results
of the study to the commissioner in a form and manner prescribed by the commissioner.
new text end
new text begin
After each two-year cycle, the commissioner must compile and
summarize the waste composition data received under subdivision 3. The commissioner
must make the summary information available to the public.
new text end
new text begin
(a) The commissioner may conduct additional
waste composition studies at facilities described in subdivision 1.
new text end
new text begin
(b) Upon request of the commissioner for purposes of determining compliance with this
section, a person must furnish to the commissioner any information that the person has or
may reasonably obtain.
new text end
new text begin
(c) The owner or operator of a facility shall allow access upon reasonable notice to
authorized agency staff for the purpose of conducting waste composition studies.
new text end
Minnesota Statutes 2022, section 115A.5502, is amended to read:
Packaging forms a substantial portion of solid waste and contributes to environmental
degradation and the costs of managing solid waste. It is imperative to reduce the amount
and toxicity of packaging that must be managed as solid waste. In order to achieve significant
reduction of packaging in solid waste deleted text begin and to assist packagers and others to meet the packaging
reduction goal in section 115A.5501deleted text end , the goal of the state is that items be distributed without
any packaging where feasible and, only when necessary to protect health and safety or
product integrity, with the minimal amount of packaging possible. The following categories
of packaging are listed in order of preference for use by all persons who find it necessary
to package items for distribution or use in the state:
(1) minimal packaging that contains no intentionally introduced toxic materials and that
is designed to be and actually is reused for its original purpose at least five times;
(2) minimal packaging that contains no intentionally introduced toxic materials and
consists of a significant percentage of postconsumer material;
(3) minimal packaging that contains no intentionally introduced toxic materials, that is
recyclable, and is regularly collected through recycling collection programs available to at
least 75 percent of the residents of the state;
(4) minimal packaging that does not comply with clause (1), (2), or (3) because it is
required under federal or state law and for which there does not exist a commercially feasible
alternative that does comply with clause (1), (2), or (3);
(5) packaging that contains no intentionally introduced toxic materials but does not
comply with clauses (1) to (4); and
(6) all other packaging.
Minnesota Statutes 2022, section 116.0711, subdivision 1, is amended to read:
(a) The agency shall not require feedlot permittees to maintain
records as to rainfall or snowfall as a condition of a general feedlot permit if the owner
directs the commissioner or agent of the commissioner to appropriate data on precipitation
maintained by a government agency or educational institution.
(b) A feedlot permittee shall give notice to the agency when the permittee proposes to
transfer ownership or control of the feedlot to a new party. The commissioner shall not
unreasonably withhold or unreasonably delay approval of any transfer request. This request
shall be handled in accordance with sections 116.07 and 15.992.
(c) An animal feedlot in shoreland that has been unused may resume operation after
obtaining a permit from the agency or county, regardless of the number of years that the
feedlot was unused.
new text begin
(d) Notwithstanding Minnesota Rules, chapter 7020, a person who applies manure in a
Level 2 or higher drinking water supply management area as designated under Minnesota
Rules, part 1573.0040, must follow a manure management plan approved by the
commissioner. A manure management plan for a Level 2 or higher drinking water supply
management area must include the Department of Agriculture's recommended best
management practices that are published on the department website for that drinking water
supply management area.
new text end
new text begin
This section may be cited as the "Minnesota Resilient
Community Act."
new text end
new text begin
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end
new text begin
(c) "Local government unit" means any unit of government other than a state or federal
unit of government and includes watershed districts established according to chapter 103D,
soil and water conservation districts, watershed management organizations, counties, towns,
cities, port authorities, housing authorities, regional development commissions, school
districts, and the Metropolitan Council.
new text end
new text begin
(d) "Tribal government" means any of the Minnesota Tribal governments defined under
section 10.65, subdivision 2, clause (4), and includes Tribal organizations designated by
any of the Minnesota Tribal governments.
new text end
new text begin
(a) The commissioner must establish a resilient community
assistance program to:
new text end
new text begin
(1) assist local government units, Tribal governments, and other relevant organizations
as determined by the commissioner in adapting to and developing community resilience to
impacts of climate change;
new text end
new text begin
(2) help coordinate climate adaptation planning, implementation, and evaluation efforts
among state agencies, local government units, Tribal governments, and other relevant
organizations; and
new text end
new text begin
(3) address inequities due to social, economic, historical, and political factors that result
in some communities having less ability to prepare for, cope with, and recover from impacts
of climate change.
new text end
new text begin
(b) To address inequities under paragraph (a), clause (3), the commissioner must seek
input and collaboration from disproportionately impacted communities.
new text end
new text begin
The resilient community assistance program may include
but is not limited to:
new text end
new text begin
(1) developing, assembling, and disseminating information on climate adaptation and
resilience;
new text end
new text begin
(2) technical assistance for climate adaptation and resilience;
new text end
new text begin
(3) financial assistance programs that provide grants or loans for resilience planning and
for implementing climate adaptation and resilience actions, coordinated with the Public
Facilities Authority, as necessary, for state bond-funded projects;
new text end
new text begin
(4) outreach, including seminars, workshops, training programs, and other similar
activities, designed to provide education and information on climate adaptation and resilience
to local government units, Tribal governments, and other relevant organizations as determined
by the commissioner;
new text end
new text begin
(5) coordinating, implementing, and measuring progress on climate adaptation and
resilience and measuring local government and Tribal government climate adaptation in
Minnesota; and
new text end
new text begin
(6) other efforts needed to support climate adaptation and community resilience in
Minnesota as determined by the commissioner.
new text end
new text begin
(a) In administering the program, the commissioner may
coordinate with administrators of other public and private programs that provide technical
and financial assistance to local government units, Tribal governments, and other relevant
organizations that receive assistance under this section.
new text end
new text begin
(b) The commissioner may make grants to or enter into contracts with public or private
entities to operate elements of the program. Grantees under this paragraph must provide the
commissioner with periodic reports on their efforts to assist in administering the program.
new text end
new text begin
(c) When operating or participating in elements of the program according to a grant or
contract under paragraph (b), a person is an employee of the state who is certified to be
acting within the scope of employment for purposes of indemnification under section 3.736,
subdivision 9, for claims that arise out of the information, assistance, and recommendations
covered by the grant or contract. The state is not obligated to defend or indemnify a grantee
or contractor under this subdivision to the extent of the grantee's or contractor's liability
insurance. The grantee's or contractor's right to indemnity is not a waiver of limitations,
defenses, and immunities available to either the grantee or contractor or the state by law.
new text end
new text begin
The governor or commissioner
may issue annual awards in the form of a commendation for excellence in climate adaptation
and resilience. The commissioner must administer applications for the awards.
new text end
Minnesota Statutes 2022, section 116D.02, subdivision 2, is amended to read:
In order to carry out the policy set forth in Laws 1973,
chapter 412, it is the continuing responsibility of the state government to use all practicable
means, consistent with other essential considerations of state policy, to improve and
coordinate state plans, functions, programs and resources to the end that the state may:
(1) fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(2) assure for all people of the state safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(3) discourage ecologically unsound aspects of population, economic and technological
growth, and develop and implement a policy such that growth occurs only in an
environmentally acceptable manner;
(4) preserve important historic, cultural, and natural aspects of our national heritage,
and maintain, wherever practicable, an environment that supports diversity, and variety of
individual choice;
(5) encourage, through education, a better understanding of natural resources management
principles that will develop attitudes and styles of living that minimize environmental
degradation;
(6) develop and implement land use and environmental policies, plans, and standards
for the state as a whole and for major regions thereof through a coordinated program of
planning and land use control;
(7) define, designate, and protect environmentally sensitive areas;
(8) establish and maintain statewide environmental information systems sufficient to
gauge environmental conditions;
(9) practice thrift in the use of energy and maximize the use of energy efficient systems
for deleted text begin the utilization ofdeleted text end new text begin producing, distributing, and usingnew text end energy, new text begin including recovering and
reusing waste heat, new text end and minimize the environmental impact from energy production and
use;
(10) preserve important existing natural habitats of rare and endangered species of plants,
wildlife, and fish, and provide for the wise use of our remaining areas of natural habitation,
including necessary protective measures where appropriate;
(11) reduce wasteful practices which generate solid wastes;
(12) minimize wasteful and unnecessary depletion of nonrenewable resources;
(13) conserve natural resources and minimize environmental impact by encouraging
deleted text begin extension ofdeleted text end new text begin extendednew text end product deleted text begin lifetime, bydeleted text end new text begin lifetimes; new text end reducing deleted text begin the number ofdeleted text end unnecessary
and wasteful materials practicesdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin bydeleted text end recycling materialsnew text begin , water, and energynew text end to conserve