Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 256-H.F.No. 957 
           An act relating to agriculture; providing that local 
          governments may enter agreements; providing for soil 
          and water conservation; imposing a penalty; amending 
          Minnesota Statutes 1984, sections 40.19, subdivisions 
          1, 2, 5, 6, 7, 8, 9, 11, 13, and by adding 
          subdivisions; 40.20; 40.21; 40.22, subdivisions 1 and 
          2; 40.23; 40.25; 40.26; 40.28; Laws 1979, chapter 315, 
          sections 1; and 2, as amended; proposing coding for 
          new law in Minnesota Statutes, chapter 40; repealing 
          Minnesota Statutes 1984, sections 40.19, subdivisions 
          3, 4, 10, 12, 14, and 15; and 40.24.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 40.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE APPLICABILITY.] For the purposes of 
sections 40.20 to 40.28, the terms defined in this section have 
the meanings given them. The definitions in this section apply 
to sections 1 to 22 and sections 40.19 to 40.28. 
    Sec. 2.  Minnesota Statutes 1984, section 40.19, 
subdivision 2, is amended to read: 
    Subd. 2. 7a.  [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 that is 
greater than the soil loss limits. "Excessive soil loss" may be 
evidenced by sedimentation on adjoining land or in any a 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.  
    Sec. 3.  Minnesota Statutes 1984, section 40.19, is amended 
by adding a subdivision to read: 
    Subd. 2a.  [CONSERVATION PLAN.] "Conservation plan" means a 
set of practices that will decrease soil erosion to the soil 
loss limits on a particular parcel of land.  
    Sec. 4.  Minnesota Statutes 1984, section 40.19, 
subdivision 5, is amended to read: 
    Subd. 5.  [CONSERVATION PRACTICES, STANDARDS AND 
SPECIFICATIONS.] "Conservation practices, standards and 
specifications" means practices and standards containing a 
definition, purpose, and conditions under which that 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.  A conservation practice may be a permanent or 
temporary, vegetative or structural, measure that will aid the 
control of wind and water erosion.  Permanent practices are 
those that have effective life greater than ten years and 
include 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.  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.  
    Sec. 5.  Minnesota Statutes 1984, section 40.19, 
subdivision 6, is amended to read: 
    Subd. 6.  [DEVELOPMENT ACTIVITY.] "Development activity" 
means any a physical disturbance by man of the land associated 
with development activities which, that may result in 
sedimentation of adjacent lands or waters.  These, associated 
with activities that include, but are not limited to, clearing, 
grading, excavating, transporting, and filling lands.  Road 
construction by federal, state, county, and municipal road 
construction governments designed according to department of 
transportation standard specifications for construction are 
exempt from this act not development activities.  
    Sec. 6.  Minnesota Statutes 1984, section 40.19, 
subdivision 7, is amended to read: 
    Subd. 7.  [EROSION.] "Erosion" means the any process by 
which that removes soil away from the surface of the land is 
worn away by the action of water, wind, or gravity.  
    Sec. 7.  Minnesota Statutes 1984, section 40.19, 
subdivision 8, is amended to read: 
    Subd. 8. 9a.  [GOVERNING BODY LOCAL 
GOVERNMENT.] "Governing body" "Local government" means the 
elected governing body of a county, home rule charter or 
statutory 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 and other governmental entities 
responsible for resource management within the affected local 
government's jurisdiction.  
    Sec. 8.  Minnesota Statutes 1984, section 40.19, 
subdivision 9, is amended to read: 
    Subd. 9.  [LAND OCCUPIER.] "Land occupier" means a person, 
firm, corporation, municipality, or other legal entity who that 
holds title to, or is in possession of any lands, whether as 
owner, lessee, renter, tenant, or otherwise.  The term "Land 
occupier" includes both the owner and the occupier of the 
land when if they are not the same.  
    Sec. 9.  Minnesota Statutes 1984, section 40.19, 
subdivision 11, is amended to read: 
    Subd. 11.  [SEDIMENT.] "Sediment" means solid mineral or 
organic material, both mineral and organic, that is in 
suspension, is being transported, or has been moved from 
its site of origin original location by air, water, gravity, or 
ice, and has come to rest on the earth's surface been deposited 
at another location.  
    Sec. 10.  Minnesota Statutes 1984, section 40.19, is 
amended by adding a subdivision to read: 
    Subd. 11a.  [SOIL.] "Soil" means the unconsolidated mineral 
and organic material on the immediate surface of the earth that 
serves as natural medium for the growth of land plants. 
    Sec. 11.  Minnesota Statutes 1984, section 40.19, 
subdivision 13, is amended to read: 
    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 is 
allowed by local regulations on a given particular soil.  
    Sec. 12.  Minnesota Statutes 1984, section 40.20, is 
amended to read: 
    40.20 [SOIL LOSS CONTROL ORDINANCES.] 
    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 40.21.  The 
soil loss ordinance must use the soil loss tolerance for each 
soil series described in the United States Soil Conservation 
Service Field Office Technical Guide to determine the soil loss 
limits but the soil loss limits must be attainable by the best 
practicable soil conservation practice.  A local government that 
adopts a soil loss ordinance may enter an agreement with its 
agent allowing the agent to administer the functions and perform 
the duties of the local government as provided by sections 12 to 
22.  Ordinances adopted by local units governments within the 
metropolitan area defined in section 473.121 must be consistent 
with local water management plans adopted under section 473.879. 
    Sec. 13.  Minnesota Statutes 1984, section 40.21, is 
amended to read: 
    40.21 [PROMULGATION OF RULES BY THE COMMISSIONER OF 
AGRICULTURE; PERIODIC REVIEW, MODEL ORDINANCE, AND PERIODIC 
REVIEW.] 
    Subdivision 1.  [RULES AND MODEL ORDINANCE AS GUIDE.] The 
commissioner of agriculture, in consultation with counties, soil 
and water conservation districts, and other appropriate 
agencies, shall promulgate adopt a model ordinance and rules 
which shall that serve as a guide to enable for local 
governments to carry out the provisions of Laws 1984, chapter 
569.  The rules developed by the commissioner of agriculture 
shall include: sections 12 to 22 and sections 40.20 to 40.26, 
and provide administrative procedures for the state soil and 
water conservation board for sections 12 to 21 and sections 
40.20 to 40.26.  
    Subd. 2.  [MODEL ORDINANCE.] (a) A The model ordinance 
which specifies must specify the technical and administrative 
procedures required to implement Laws 1984, chapter 569 control 
soil loss and erosion.  The model ordinance shall be considered 
to be is the minimum regulation to be adopted.  The model 
ordinance must use the soil loss tolerance for each soil series 
described in the United States Soil Conservation Service Field 
Office Technical Guide to determine soil loss limits, but the 
soil loss limits must be attainable by the best practicable soil 
conservation practice. 
    (b) Administrative procedures required of the state soil 
and water conservation board for carrying out the provisions of 
Laws 1984, chapter 569.  
    Subd. 3.  [PERIODIC REVIEW.] At least once every two five 
years the commissioner of agriculture shall review the rules and 
model ordinance 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. 14.  Minnesota Statutes 1984, section 40.22, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITED ACTIVITIES.] A person may not 
cause, conduct, contract for, or authorize an activity which 
that causes excessive soil loss.  
    Sec. 15.  Minnesota Statutes 1984, section 40.22, 
subdivision 2, is amended to read: 
    Subd. 2.  [AGRICULTURAL LAND.] A land occupier of 
agricultural land is not violating subdivision 1 if he the 
occupier is using farming by methods which do not create 
excessive soil loss that implement the best practicable 
conservation practices. 
    Sec. 16.  Minnesota Statutes 1984, section 40.23, is 
amended to read: 
    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 40.21.  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 40.21.  (a) 
An adversely affected landowner, an elected or appointed 
official of the local government, or a soil and water 
conservation district board member may submit a written 
complaint to the local government if conditions exist that 
indicate there is excessive soil loss from a tract of land that 
affects another tract of land or body of water.  The written 
complaint must contain:  
    (1) the name and address of the landowner; 
    (2) the location of the tract of land with the excessive 
soil loss; 
    (3) land or water that is affected by the excessive soil 
loss; and 
    (4) a description of the nature of the excessive soil loss 
and resulting sedimentation.  
     (b) The local government shall submit the complaint to the 
soil and water conservation district for soil loss determination.
    Subd. 2.  [DISTRICT DETERMINATION OF SOIL LOSS.] (a) The 
soil and water conservation district shall determine the average 
soil loss in tons per acre per year of the tract of land cited 
in the complaint. 
    (b) The soil and water conservation district may enter 
public or private land to make an inspection for the 
determination of soil loss or to complete the report.  The 
landowners must be notified of the time of the inspections and 
be given an opportunity to be present when the inspection is 
made.  
    (c) The soil and water conservation district shall submit a 
report to the local government that states the average soil loss 
in tons per acre per year for each tract of land and whether the 
soil loss is excessive under the applicable soil loss limits.  
If the soil loss is excessive the report must include 
identification of existing management practices and a 
conservation plan and time schedule that will prevent excessive 
soil loss or reduce the soil loss to the most practicable extent.
    Subd. 3.  [MEDIATION.] (a) If the soil and water 
conservation district report shows that soil loss from the tract 
of land is excessive and alternative practices are available to 
reduce the soil loss, the local government shall request the 
allegedly offending landowner to participate in mediation with 
the local government.  
    (b) The local government may appoint the planning and 
zoning director, a planning commissioner, or other county 
official to act as a mediator.  The local government may also 
contract with a mediation center to provide mediation services. 
    (c) The landowner, and the local government or its agent 
must attempt to agree on conservation practices and times to 
implement the practice that will reduce soil loss to the local 
soil loss limits. 
    (d) A mediated settlement must be in writing, and filed 
with the local government.  
    (e) If the local government and the landowner do not agree 
to a mediated settlement, or if the landowner refuses to 
participate in mediation, the local government shall forward the 
complaint to the county attorney.  The county attorney may 
dismiss the complaint or petition for a hearing under section 17.
    Subd. 4.  [APPLICATION FOR COST-SHARING FUNDS.] The 
landowner has 90 days after a mediated settlement is filed to 
apply for state cost-sharing funds that will provide 75 percent 
of the cost of the permanent conservation practices.  Only 50 
percent cost share will be provided if the application is not 
made within 90 days after the settlement is filed.  The 
landowner must apply for 50 percent cost share within 270 days 
after the mediated settlement is filed.  
    Subd. 5.  [PENALTY.] A landowner that does not comply with 
the provisions of the mediated settlement is subject to a civil 
penalty up to $500.  Soil conservation practices that are made 
in good faith and substantial compliance are a complete defense. 
    Sec. 17.  [40.242] [DISTRICT COURT HEARING.] 
    Subdivision 1.  [DETERMINATION OF PROPER CONSERVATION 
PLAN.] If the landowner and the local government do not agree to 
a mediated settlement or if the landowner has refused mediation, 
the county attorney may petition the district court for a 
hearing.  The landowner shall have the opportunity to present 
the landowner's conservation plan and time schedule as an 
alternative to the local government conservation plan and time 
schedule.  The court shall order the landowner to implement the 
conservation plan and time schedule that is the least burdensome 
to the landowner and will reduce soil loss to at least the soil 
loss limit.  The court may amend the local government's or 
landowner's conservation plan and time schedule, or develop a 
new conservation plan and time schedule.  The court shall set 
times to implement, make satisfactory progress, and complete the 
conservation plan. 
    Subd. 2.  [COST-SHARING FUNDS.] (a) If the court orders 
implementation of the landowner's conservation plan and time 
schedule, or amends the conservation plan and time schedule, or 
if the court develops a new conservation plan and time schedule, 
the landowner is eligible to apply for 75 percent cost-share 
funds for permanent conservation practices.  The landowner must 
apply for the cost share within 90 days after the court order. 
If the landowner does not apply within 90 days for the 
cost-sharing funds the cost share is reduced to 50 percent.  The 
court shall establish a time when the landowner is not eligible 
for cost-sharing funds if an application is not made.  
    (b) If the court orders a plan and time schedule developed 
by the district in its report, the landowner is eligible for 50 
percent cost share if the landowner applies within 90 days after 
the court order. 
    Sec. 18.  [40.244] [SOIL AND WATER CONSERVATION 
ASSISTANCE.] 
    A landowner who has filed a mediated settlement under 
section 16 or who has received a court order under section 17 
may request the soil and water conservation district to assist 
in the planning, design, and application of practices necessary 
to reduce soil loss to the applicable soil loss limit amounts or 
to the greatest practical extent.  The soil and water 
conservation district must give the landowner a high priority 
for technical and cost-sharing assistance. 
    Sec. 19.  [40.246] [ATTORNEY AND LOCAL GOVERNMENT MAY 
PERFORM DUTY OF COUNTY.] 
    The city attorney or town attorney may perform the duties 
of a county attorney.  A city or town may perform the duties of 
a local government only if the city or town adopts a soil loss 
ordinance and the land in the complaint is located within the 
city or town. 
    Sec. 20.  Minnesota Statutes 1984, section 40.25, is 
amended to read: 
    40.25 [EROSION CONTROL PLAN FOR DEVELOPMENT ACTIVITIES.] 
    Subdivision 1.  [SEDIMENTATION CONTROL PLAN.] (a) 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 and time schedule that will prevent excessive soil 
loss to the local government having jurisdiction over the land 
before the development activity is to begin.  
    (b) A sedimentation control plan and time schedule must 
specify how the movement of soil and damage to other property 
during the construction will be minimized, including the use of 
temporary seeding, fiber mats, plastic, straw, mulch, sediment 
control basins, and other measures to prevent erosion and 
sediment damage.  The time schedule must establish deadlines for 
the implementation and completion of each phase or element of 
the sedimentation control plan. 
    Subd. 2.  [PERMIT REQUIRED.] The local government may 
appoint the zoning and planning director, building inspector, 
county engineer, or the soil and water conservation district to 
review the plan and time schedule.  If the sedimentation control 
plan and time schedule will prevent excessive soil loss to the 
most practicable extent, the local government must issue a 
permit that authorizes the development activity contingent upon 
the implementation and completion of the sedimentation control 
plan. 
    Subd. 3.  [PENALTY.] A person engaged in a development 
activity who does not obtain a sedimentation control plan permit 
or does not commence or complete the plan or make satisfactory 
progress to complete the plan is subject to a civil penalty.  
Soil conservation practices made in good faith and substantial 
compliance are a defense. 
    Subd. 4.  [APPLICATION.] For counties, the provisions of 
this section apply only to county jurisdiction over 
unincorporated areas. 
    Sec. 21.  Minnesota Statutes 1984, section 40.26, is 
amended to read: 
    40.26 [APPLICATION FOR COST-SHARING FUNDS.] 
    (a) Except in the case of for 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 under sections 16 and 17, equal to at 
least 75 percent of the cost of the permanent conservation 
practices on a voluntary basis, and or 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 40.24.  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 40.24.  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 an 
application for cost share is not made within 90 days after the 
board approves a mediated written agreement or within 90 days 
after the court orders implementation of a plan and time 
schedule prepared by the landowner or the court.  For mediated 
settlements, a court order that implements the landowner's 
alternatives or the court's alternatives must state the time 
schedule for application for 50 percent cost share.  If the 
court orders implementation of the district's plan and time 
schedule, a landowner is only eligible for 50 percent cost share.
    (b) The state soil and water conservation board shall 
review these requirements at least once each year, and may 
authorize a district to provide a higher percentage of 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 soil and water conservation district annual and 
long-range plans. 
    Sec. 22.  Minnesota Statutes 1984, section 40.28, is 
amended to read: 
    40.28 [PENALTY.] 
    A violation of an administrative order issued under section 
40.24 or a supplemental order issued under section 40.26 is a 
misdemeanor.  A person who violates section 14 is subject to a 
civil penalty up to $500. 
    Sec. 23.  Laws 1979, chapter 315, section 1, is amended to 
read: 
    Section 1.  [PURPOSES; OBJECTIVES.] The legislature hereby 
declares it to be the policy of the state to assure that 
Minnesota lands that are well suited for the production of 
agricultural products be used and managed primarily for that 
purpose by: 
    (a) Maintaining optimum agricultural production; 
    (b) Permanently preserving certain parcels of prime 
agricultural and open space land from conversion to other uses; 
    (c) Attempting to guide growth and development to utilize 
land, resources, and capital most effectively; and 
    (d) Providing relief from escalating property taxes and 
special assessments in agricultural areas subject to development 
pressures; and 
    (e) Preventing excessive soil and water erosion.  
    The legislature further finds that the public purposes to 
be served by this policy will be best met by: 
    (a) Defining and locating lands well suited for the 
production of agricultural products; 
    (b) Assuring that state agencies conduct their activities 
in a manner that considers and seeks to minimize negative 
impacts on agricultural activities, in accordance with other 
social, economic and environmental considerations; 
    (c) Assuring that public agencies employ and promote the 
use of management procedures which maintain or enhance the 
natural productivity of lands well suited to the production of 
agricultural products; and 
    (d) Providing units of local government with tools and 
incentives to prevent the unplanned and unscheduled conversion 
of agricultural and open space lands to other uses; and 
    (e) Providing state agencies and units of local government 
with adequate support to prevent excessive soil erosions through 
soil and water conservation. 
    Sec. 24.  Laws 1979, chapter 315, section 2, as amended by 
Laws 1981, chapter 78, section 1; Laws 1982, chapter 512, 
section 10; and Laws 1984, chapter 569, section 12, is amended 
to read: 
    Sec. 2.  [JOINT LEGISLATIVE COMMITTEE.] 
    A joint legislative committee on agricultural land 
preservation and soil and water conservation shall be 
established by July 1, 1979, and shall expire by June 30, 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. 25.  [REPEALER.] 
    Minnesota Statutes 1984, sections 40.19, subdivisions 3, 4, 
10, 12, 14, and 15, and section 40.24 are repealed. 
    Sec. 26.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1985. 
    Approved May 29, 1985