Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 497-S.F.No. 1632 
           An act relating to Ramsey County; authorizing a 
          coordinated erosion and sediment control pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [383A.601] [LEGISLATIVE FINDINGS.] 
    The legislature finds that the lands and waters of Ramsey 
county are great natural resources; that as a result of erosion 
of lands and sediment deposition in waters of the region, waters 
are being polluted and despoiled to a degree that fish, aquatic 
life, recreation, and other uses of lands and waters are being 
adversely affected; that the rapid shift in land use from 
agricultural to nonagricultural uses has accelerated the 
processes of soil erosion and sedimentation.  Implementation of 
the metropolitan surface water planning act in Ramsey county 
requires a coordinated effort in that county, and the state of 
Minnesota may benefit from a pilot program within that county. 
The legislature further finds it is necessary to establish and 
implement through the soil and water conservation district in 
cooperation with water management organizations, cities, towns, 
and other public and private entities in that county, a 
county-wide coordinated erosion and sediment control pilot 
program to conserve and to protect the land, water, and other 
natural resources of Ramsey county. 
    Sec. 2.  [383A.602] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 4. 
    Subd. 2.  [CONSERVATION SPECIFICATIONS.] "Conservation 
specifications" means management procedures, techniques, and 
methods to control soil erosion and sedimentation. 
    Subd. 3.  [DISTRICT.] "District" means the soil and water 
conservation district operating under Minnesota Statutes, 
chapter 40. 
    Subd. 4.  [LAND DISTURBANCE ACTIVITY.] "Land disturbance 
activity" means land change that may result in soil erosion from 
water or wind and the movement of sediments into or upon waters 
or lands of Ramsey county, including clearing, grading, 
excavating, transporting, and filling of land.  Land disturbance 
activity does not mean:  
    (1) minor land disturbance activities such as home gardens 
and individual home landscaping, repairs, and maintenance work; 
    (2) construction, installation, maintenance of electric and 
telephone utility lines or individual service connection to the 
utility lines; 
    (3) septic tank lines or drainage fields unless included in 
an overall plan for a land disturbance activity relating to 
construction of a building to be served by the septic tank 
system; 
    (4) tilling, planting, or harvesting of agricultural, 
horticultural, or silvicultural crops; 
    (5) preparation for single-family residences separately 
built, unless in conjunction with multiple construction in 
subdivision development; 
    (6) disturbance of land areas of less than 10,000 square 
feet for commercial or noncommercial uses, except that the 
governing body of the statutory or home rule charter city, town, 
or organization may reduce this exception to a smaller area of 
disturbed land or qualify the conditions under which this 
exception applies; 
    (7) installation of fence, sign, telephone, and electric 
poles and other kinds of posts or poles; and 
    (8) emergency work to protect life, limb, or property and 
emergency repairs. 
    Subd. 5.  [ORGANIZATION.] "Organization" means a watershed 
management organization as defined in section 473.876 that has 
more than 25 percent of its area within Ramsey county. 
    Sec. 3.  [383A.603] [DISTRICT EROSION AND SEDIMENT CONTROL 
PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT.] The district shall develop 
a pilot program that contains a model ordinance and conservation 
specifications for the effective control of soil erosion and 
sediment deposition.  To assist in the development of the pilot 
program, the district shall seek the advice of appropriate state 
and federal agencies, local units of government, and 
representatives of interests such as residential development and 
nonresidential development.  
    Subd. 2.  [PROGRAM CONTENTS.] The district pilot program 
shall contain: 
    (1) relevant physical and developmental information 
concerning the region, including data relating to land use, 
soils, hydrology, geology, size of land area being disturbed, 
proximate water bodies and their characteristics, 
transportation, and public facilities and services; 
    (2) a model ordinance; 
    (3) principles for protecting existing vegetation, adequate 
revegetation schedules, and run-off control measures; and 
    (4) conservation specifications and alternative methods for 
the control of erosion and sediment resulting from land 
disturbance activities. 
    Subd. 3.  [PROGRAM ADOPTION; IMPLEMENTATION.] The district 
shall adopt and implement the program by January 1, 1989.  The 
district may revise its pilot program as necessary.  The 
district shall give due notice and conduct at least one public 
hearing on the proposed pilot program before adoption or 
revision. 
    Subd. 4.  [INSPECTION OF PROGRAM.] The program shall be 
made available for public inspection at the office of the 
district. 
    Sec. 4.  [383A.604] [ORGANIZATION SOIL EROSION AND SEDIMENT 
CONTROL PROGRAMS.] 
    Subdivision 1.  [ADOPTION.] Each organization must, within 
one year after the adoption of the district program under 
section 3, develop and adopt an organization soil erosion and 
sediment control program, as part of its watershed plan under 
Minnesota Statutes, section 473.878.  The organization program 
must be consistent with the district program and must be 
submitted to the district for approval or disapproval.  Upon 
written request of an organization, the district shall assist in 
the preparation of the organization program.  The organization 
may choose to implement the program throughout its area of 
jurisdiction or only within the territory of the district.  
    Subd. 2.  [FAILURE TO ADOPT AN ORGANIZATION PROGRAM.] After 
adoption of the district program under section 3, the board of 
water and soil resources may not approve a watershed plan until 
the organization has included an organization program in 
accordance with this section.  A watershed plan approved by the 
board before the adoption of the district program must be 
amended and submitted to the board of water and soil resources 
for approval within one year after the adoption of the district 
program.  If the amendment is not submitted, plan approval must 
be withdrawn until the amendment is submitted. 
    Subd. 3.  [HEARING REQUIREMENT.] Organizations that choose 
to adopt conservation specifications or an ordinance that are 
more stringent than the district program must conduct a public 
hearing after due notice. 
    Sec. 5.  [383A.605] [COMPLIANCE.] 
    Plans, rules, and ordinances adopted under sections 1 to 4 
must be consistent with any applicable rules promulgated by the 
board of water and soil resources. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective upon approval by the Ramsey county 
board and the soil and water conservation district as provided 
in Minnesota Statutes, section 645.021. 
    Approved April 12, 1988