HF 1592

as introduced - 94th Legislature (2025 - 2026) Posted on 02/26/2025 02:53pm

A bill for an act
relating to natural resources; modifying provisions and requiring definition for
calcareous fens; requiring rulemaking; requiring a report; amending Minnesota
Statutes 2024, section 103G.223.

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

Section 1.

Minnesota Statutes 2024, section 103G.223, is amended to read:

103G.223 CALCAREOUS FENS.

(a) Calcareous fens, as identified by the commissioner by written order published in the
State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
any activity, unless the commissioner, under an approved management plan, decides some
alteration is necessary or as provided in paragraph (b). Identifications made by the
commissioner are not subject to the rulemaking provisions of chapter 14, and section 14.386
does not apply.

(b) The commissioner may allow water appropriations that result in temporary reductions
in groundwater resources on a seasonal basis under an approved calcareous fen management
plan.

new text begin (c) The commissioner may not deny a permit or prohibit an action based on its potential
effect on a calcareous fen unless the commissioner first provides the applicant with a report
on the calcareous fen potentially affected. A report under this paragraph must include a
detailed description of the calcareous fen, an explanation of the ecological benefits provided
by that specific calcareous fen, and a description of the adverse effects the commissioner
believes would result if the permit or approval were granted.
new text end

Sec. 2. new text begin CALCAREOUS FEN DEFINITION; RULEMAKING.
new text end

new text begin The commissioner of natural resources must adopt rules defining a calcareous fen.
new text end

Sec. 3. new text begin REPORT ON ECOLOGICAL BENEFITS OF CALCAREOUS FENS.
new text end

new text begin By December 1, 2025, the commissioner of natural resources must submit a report on
calcareous fens to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environment policy that includes:
new text end

new text begin (1) the commissioner's proposed definition of a calcareous fen and a detailed scientific
rationale for how the proposed definition is preferable to alternative definitions;
new text end

new text begin (2) a detailed scientific explanation of the ecological benefits of calcareous fens and
how those benefits compare to the benefits provided by other types of wetlands; and
new text end

new text begin (3) summary information about permit denials under Minnesota Statutes, section
103G.223, during the previous ten years.
new text end