Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 569-H.F.No. 432 
           An act relating to soil and water conservation; 
          prohibiting in certain counties practices which cause 
          accelerated erosion or sedimentation; extending the 
          joint legislative committee on agricultural land 
          preservation and conservation; prescribing penalties; 
          appropriating money; amending Laws 1979, chapter 315, 
          section 2, as amended; proposing new law coded in 
          Minnesota Statutes, chapter 40. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [PURPOSE.] 
    It is the purpose of this act to encourage and guide the 
use of land in accordance with its capabilities, to treat it 
according to its needs, to prevent the degradation of lands, 
streams, and rivers, and to protect and promote the health, 
safety, and general welfare of the people.  
    Sec. 2.  [40.19] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 3 to 
11, the terms defined in this section have the meanings given 
them.  
    Subd. 2.  [EXCESSIVE SOIL LOSS.] "Excessive soil loss" 
means soil loss resulting from erosion that is more rapid than 
the gradual erosion of land used by man when all reasonable soil 
and water conservation practices have been applied.  "Excessive 
soil loss" may be evidenced by sedimentation on adjoining land 
or in any body of water.  Soil loss is excessive if it is 
greater than the soil loss tolerance for each soil type 
described in the United States Soil Conservation Service Field 
Office technical guide.  
    Subd. 3.  [ADMINISTRATIVE ORDER.] "Administrative order" 
means an order issued by the governing body of a statutory or 
home rule charter city, town, or county to notify an offending 
landowner of record that soil erosion is occurring in excess of 
limits specified in local regulations.  The order shall contain 
the precise location of the offending party's property where 
erosion is taking place, state as nearly as possible the extent 
to which soil erosion thereon exceeds the limits established by 
the regulations, and specify time requirements by which measures 
to control the problem must be initiated and completed.  
    Subd. 4.  [ANNUAL PLAN.] "Annual plan" means an annual 
program of work prepared by the soil and water conservation 
district according to the guidelines for annual planning 
published by the state board.  
    Subd. 5.  [CONSERVATION PRACTICES, STANDARDS AND 
SPECIFICATIONS.] "Conservation practices, standards and 
specifications" means standards containing a definition, 
purpose, and conditions under which the practice applies 
including design requirements, and specifications containing a 
statement of details required for installing a conservation 
practice, including kinds, quality, and quantity of work and 
materials needed to meet the standards.  
    Subd. 6.  [DEVELOPMENT ACTIVITY.] "Development activity" 
means any physical disturbance by man of the land associated 
with development activities which may result in sedimentation of 
adjacent lands or waters.  These activities include, but are not 
limited to, clearing, grading, excavating, transporting, and 
filling lands.  Federal, state, county, and municipal road 
construction designed according to department of transportation 
standard specifications for construction are exempt from this 
act.  
    Subd. 7.  [EROSION.] "Erosion" means the process by which 
the surface of the land is worn away by the action of water, 
wind, or gravity.  
     Subd. 8.  [GOVERNING BODY.] "Governing body" means the 
elected governing body of a county, city, or town or their 
designated officials or agents.  Agents may include soil and 
water conservation districts, water management organizations, 
joint powers boards, watershed districts, or other governmental 
entities responsible for resource management within the affected 
jurisdiction.  
    Subd. 9.  [LAND OCCUPIER.] "Land occupier" means a person, 
firm, corporation, municipality, or other legal entity who holds 
title to, or is in possession of any lands, whether as owner, 
lessee, renter, tenant, or otherwise.  The term includes both 
the owner and the occupier of the land when they are not the 
same.  
    Subd. 10.  [LONG-RANGE PLAN.] "Long-range plan" means a 
multi-year program of work prepared by the soil and water 
conservation district pursuant to Minnesota Statutes, section 
40.07, subdivision 9.  
    Subd. 11.  [SEDIMENT.] "Sediment" means solid material, 
both mineral and organic, that is in suspension, is being 
transported, or has been moved from its site of origin by air, 
water, gravity, or ice, and has come to rest on the earth's 
surface.  
    Subd. 12.  [SEDIMENTATION.] "Sedimentation" means the 
process or action of depositing sediment that, upon inspection, 
is determined to have been caused by accelerated erosion as 
provided in section 7.  
    Subd. 13.  [SOIL LOSS LIMIT.] "Soil loss limit" means the 
maximum amount of soil loss from water or wind erosion, 
expressed in tons per acre per year, that will be permitted by 
local regulations on a given soil.  
    Subd. 14.  [SOIL AND WATER CONSERVATION PRACTICE.] "Soil 
and water conservation practice" or "practice" means a permanent 
or temporary vegetative or structural measure that when applied 
to the land will contribute to the control of wind and water 
erosion.  Permanent practices include but are not limited to 
grassed waterways, terraces, field windbreaks, water control 
structures, grade stabilization structures, sediment retention 
structures, strip-cropping, and other permanent practices 
approved by the state soil and water conservation board.  A 
permanent practice is deemed to have an effective life in excess 
of ten years.  Temporary practices include conservation tillage, 
contour farming, grasses and legumes in rotation, emergency 
tillage, and any other cultural practices approved by the state 
soil and water conservation board.  
    Subd. 15.  [SUPPLEMENTAL ORDER.] "Supplemental order" means 
an order supplemental to an administrative order and issued by 
the governing body to notify an offending party that cost 
sharing for the required soil and water conservation practices 
has been approved.  A supplemental order shall state time 
requirements by which measures to control the erosion problem 
must be initiated and completed.  These time limits supersede 
the dates specified in an administrative order.  
    Subd. 16.  [TECHNICAL GUIDE.] "Technical guide" means the 
guide developed by USDA Soil Conservation Service adopted by 
soil and water conservation districts containing technical 
information including methods and procedures by which the 
various types of erosion can be measured, and conservation 
practice standards and specifications required in the 
application of soil and water conservation practices.  
    Sec. 3.  [40.20] [SOIL LOSS CONTROL.] 
    Each statutory or home rule charter city, town, or county 
that has planning and zoning authority under sections 366.10 to 
366.19, 394.21 to 394.37, or 462.351 to 462.365 is encouraged to 
adopt a soil loss ordinance as provided in section 4. Ordinances 
adopted by local units within the metropolitan area defined in 
section 473.121 must be consistent with local water management 
plans adopted under section 473.879.  
    Sec. 4.  [40.21] [PROMULGATION OF RULES BY THE COMMISSIONER 
OF AGRICULTURE; PERIODIC REVIEW.] 
    The commissioner of agriculture, in consultation with 
counties, soil and water conservation districts, and other 
appropriate agencies, shall promulgate rules which shall serve 
as a guide to enable local governments to carry out the 
provisions of this act.  The rules developed by the commissioner 
of agriculture shall include:  
    (a) A model ordinance which specifies the technical and 
administrative procedures required to implement this act.  The 
model ordinance shall be considered to be the minimum regulation 
to be adopted.  
    (b) Administrative procedures required of the state soil 
and water conservation board for carrying out the provisions of 
this act.  
    At least once every two years the commissioner of 
agriculture shall review the rules in cooperation with counties, 
soil and water conservation districts, and appropriate agencies 
to ensure their continued applicability and relevance.  The 
rules may be revised if deemed necessary by the commissioner of 
agriculture.  
    Sec. 5.  [40.22] [EXCESSIVE SOIL LOSS PROHIBITED.] 
    Subdivision 1.  [PROHIBITED ACTIVITIES.] A person may not 
cause, conduct, contract for, or authorize an activity which 
causes excessive soil loss.  
    Subd. 2.  [AGRICULTURAL LAND.] A land occupier of 
agricultural land is not violating subdivision 1 if he is using 
farming methods which do not create excessive soil loss.  
    Subd. 3.  [WOODLAND.] A land occupier who uses wooded land 
for pasture must ensure that proper management is used to 
prevent excessive soil loss due to overgrazing or cattle paths.  
    Sec. 6.  [40.23] [ENFORCEMENT.] 
    Subdivision 1.  [COMPLAINT.] A land occupier adversely 
affected by the effects of excessive soil loss, or an elected 
local government official, may submit a verbal or written 
complaint against a land occupier alleging that excessive soil 
loss has occurred or is occurring.  The complaint must be made 
to the governing body of the local government unit that has 
adopted an ordinance as provided in section 4.  If the complaint 
is verbal, it must be followed by a written complaint within 72 
hours.  The complaint shall include the approximate dates and 
location of the alleged violation and describe the source, 
nature, and extent of the excessive soil loss alleged to have 
occurred or which is occurring.  The complaint must be made to 
the governing body of the local government unit that has adopted 
a soil loss ordinance as provided in section 4.  
    Sec. 7.  [40.24] [INSPECTION OF LAND UPON COMPLAINT.] 
    The governing body of the local government unit shall 
inspect or cause to be inspected any land within its 
jurisdiction, upon receipt of a complaint that soil loss is 
occurring there in excess of the limits established by the local 
unit's soil loss regulations.  The burden of proof shall be on 
the local government unit to prove that an alleged violation 
exists.  The person against whom the complaint is made must be 
notified of the time of the investigation and will be given the 
opportunity to be present when the investigation is made.  If 
the governing body of the local unit finds that excessive soil 
loss is occurring on the land inspected, they shall issue an 
administrative order to the landowner of record, and to the 
occupant of the land if possible, describing the land and 
stating the extent to which soil loss on the land exceeds the 
limits established by the regulations.  The order shall be 
delivered either by personal service or by certified mail to 
each of the persons to whom it is directed, and shall state a 
time, not more than 90 days after service or mailing of the 
notice of the order, by which work needed to establish specific 
soil and water conservation practices to stop the excessive soil 
loss must be commenced, and a time not more than one year after 
the service or mailing of the notice of the order by which the 
work must be satisfactorily completed.  
    Sec. 8.  [40.25] [EROSION CONTROL PLAN FOR DEVELOPMENT 
ACTIVITIES.] 
     A person engaged in a development activity that will 
disturb over one acre of land must submit to the governing body 
a sedimentation control plan that will prevent excessive soil 
loss before the development activity is to begin.  
    Sec. 9.  [40.26] [APPLICATION FOR COST-SHARING FUNDS.] 
    Except in the case of a development activity, a land 
occupier may not be required to establish soil conservation 
practices unless state cost-sharing funds have been specifically 
approved for that land and have been made available to the land 
occupier in an amount equal to at least 75 percent of the cost 
of the permanent conservation practices on a voluntary basis, 
and a 50 percent cost share if implementation is not commenced 
following the issuance of an administrative order as provided in 
this section.  The state soil and water conservation board shall 
review these requirements at least once each year, and may 
authorize districts in any particular case to provide a higher 
percentage of public cost sharing than is required by this 
section.  To aid in this determination, the state board may 
consider the location of the affected area in relation to the 
priority areas as established in the district annual and 
long-range plans.  Evidence that an application for state 
cost-sharing funds has been submitted to the soil and water 
conservation district shall constitute commencement of the work 
within the meaning of section 7.  When notified of the approval 
of the application, the local unit shall issue to the same 
parties who received the original administrative order, or their 
successors in interest, a supplemental order, to be delivered in 
the same manner as provided by section 7.  The supplemental 
order shall state a time, not more than 90 days after approval 
of the application for state cost-sharing funds, by which the 
work needed to comply with the original administrative order 
shall actually be commenced, and a time not more than one year 
thereafter when the work is to be satisfactorily completed.  
    Sec. 10.  [40.27] [APPLICABILITY.] 
    The provisions of sections 5 to 9 are not applicable 
without the adoption of an ordinance by the county or local 
government unit.  
    Sec. 11.  [40.28] [PENALTY.] 
    A violation of an administrative order issued under section 
7 or a supplemental order issued under section 9 is a 
misdemeanor.  
    Sec. 12.  Laws 1979, chapter 315, section 2, as amended by 
Laws 1981, chapter 78, section 1, and Laws 1982, chapter 512, 
section 10, is amended to read: 
    Sec. 2.  [JOINT LEGISLATIVE COMMITTEE.] 
    A joint legislative committee on agricultural land 
preservation and conservation shall be established by July 1, 
1979, and shall expire by June 30, 1984 1994, unless extended by 
legislative action.  The committee shall be composed of eight 
members of the house of representatives from the transportation, 
agriculture, environment and natural resources, local and urban 
affairs, and tax committees appointed by the speaker and the 
chairman of the committee on rules and legislative 
administration; and eight members of the senate from the 
transportation, agriculture and natural resources, local 
government, tax, and governmental operations committees 
appointed by the subcommittee on committees.  The committee 
shall elect a chairman from among its members.  The expenses of 
and per diem payments to committee members shall be paid from 
the legislative expense fund of their respective body upon 
approval of the chairman of the joint committee.  Other expenses 
of the committee shall be evenly divided between the house of 
representatives and the senate. 
    Sec. 13.  [APPROPRIATION.] 
    The sum of $10,000 is appropriated from the general fund to 
the commissioner of agriculture to adopt rules under section 4. 
    Approved April 26, 1984