SF 938

as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 10:49am

A bill for an act
relating to natural resources; extending the deadline for buffer requirements on
public waters and public drainage systems; requiring federal or state assistance to
enforce buffer requirements; amending Minnesota Statutes 2016, section 103F.48,
subdivisions 3, 7.

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

Section 1.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and
public drainage systems.

(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:

(1) for all public waters, the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and

(2) for public drainage systems established under chapter 103E, a 16.5-foot minimum
width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation
shall not impede future maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the board,
that provide water quality protection comparable to the buffer protection for the water body
that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource.

(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before:

(1) November 1, deleted text begin 2017 deleted text end new text begin 2019 new text end , for public waters; and

(2) November 1, deleted text begin 2018 deleted text end new text begin 2020 new text end , for public drainage systems.

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.

Sec. 2.

Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:

Subd. 7.

Corrective actions.

(a) If the soil and water conservation district determines
a landowner is not in compliance with this section, new text begin and the landowner has declined state or
federal assistance to pay 100 percent of the cost to establish buffers or other water resource
protection measures approved by the board, new text end the district must notify the county or watershed
district with jurisdiction over the noncompliant site and the board. The county or watershed
district with jurisdiction or the board must provide the landowner with a list of corrective
actions needed to come into compliance and a practical timeline to meet the requirements
in this section. The county or watershed district with jurisdiction must provide a copy of
the corrective action notice to the board.

(b) A county or watershed district exercising jurisdiction under this subdivision and the
enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section and section 103B.101, subdivision 12a, by notice to
the board prior to March 31, 2017. A county or watershed district must provide notice to
the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.

(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section under the authority granted in section
103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official
control of the county. Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
board must enforce this section under the authority granted in section 103B.101, subdivision
12a.

(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.

(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.

(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.

(g) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.

new text begin (h) A county or watershed district or the board shall not enforce this section unless
federal or state assistance is available to the landowner to pay 100 percent of the cost to
establish buffers or other water resource protection measures approved by the board.
new text end