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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 214-S.F.No. 1064 
           An act relating to waters; exempting certain 
          proceedings by the board of water and soil resources 
          from the administrative procedure act; changing 
          administrative appeal procedures; authorizing appeals 
          to the court of appeals; exempting the Minnesota 
          housing finance agency from restrictions on transfers 
          of marginal land and wetlands; limiting a prohibition 
          on certain new water use permits to the metropolitan 
          area; exempting tree and shrub planting from certain 
          notification requirements; amending Minnesota Statutes 
          1990, sections 103B.345, subdivisions 2 and 4; 
          103D.105, subdivision 1; 103D.111; 103F.535, 
          subdivision 1; 103G.271, subdivision 4a; and 216D.01, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 103B.345, 
subdivision 2, is amended to read: 
    Subd. 2.  [PETITION FOR HEARING.] A county or other local 
unit of government may petition for a contested case hearing by 
the board under this section if: 
    (1) the interpretation and implementation of a 
comprehensive water plan is challenged by a local unit of 
government aggrieved by the plan; 
    (2) two or more counties disagree about the apportionment 
of the costs of a project implementing a comprehensive water 
plan; or 
    (3) a county and another local unit of government disagree 
about a change in a local water and related land resources plan 
or official control recommended by the county under section 
103B.325.  
    Sec. 2.  Minnesota Statutes 1990, section 103B.345, 
subdivision 4, is amended to read: 
    Subd. 4.  [HEARING.] If the aggrieved county or other local 
unit of government files a petition for a hearing, a hearing 
must be conducted by the state office of administrative hearings 
under the contested case procedure of chapter 14 board within 60 
days of the request.  The subject of the hearing may not extend 
to questions concerning the need for a comprehensive water 
plan.  In the report of the administrative law judge, the fees 
of the office of administrative hearings and transcript fees 
must be equally apportioned among the parties to the 
proceeding.  Within 60 days after receiving the report of the 
administrative law judge the close of the hearing, the board 
shall, by resolution containing findings of fact and conclusions 
of law, make a final decision with respect to the issue before 
it.  
    Sec. 3.  Minnesota Statutes 1990, section 103D.105, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROCEDURE.] (a) A rulemaking hearing must 
be conducted under chapter 14.  
    (b) A hearing must be conducted as a contested case under 
chapter 14 if the hearing is:  
    (1) in a proceeding to establish or terminate a watershed 
district; or 
    (2) of an appeal under section 103D.535 must be conducted. 
    (c) Notwithstanding chapter 14, other hearings under this 
chapter, except hearings under paragraphs (a) and (b), shall be 
conducted by the board under this section.  The board may refer 
the hearing to one or more members of the board or an 
administrative law judge to hear evidence and make findings of 
fact and report them to the board.  
    Sec. 4.  Minnesota Statutes 1990, section 103D.111, is 
amended to read: 
    103D.111 [APPEAL OF BOARD ORDERS.] 
     Subdivision 1.  [REVIEW OF ESTABLISHMENT AND TERMINATION 
DECISIONS.] In a proceeding to establish or terminate a 
watershed district where the board elected not to refer the 
proceeding to the office of administrative hearings, a local 
unit of government or 25 or more residents within the area 
affected by the proceeding may, prior to judicial appeal of the 
board's decision, demand a contested case hearing to be 
conducted by the office of administrative hearings.  In the 
report of the administrative law judge, the fees of the office 
of administrative hearings and transcript fees may be 
apportioned among the parties and the board.  Apportionment must 
be based on the degree to which the parties and the board 
prevailed, or caused unnecessary delay or expense.  Following 
receipt of the report of the administrative law judge, the board 
shall make a final decision in accordance with chapter 14.  
    Subd. 2.  [APPEALS OF FINAL BOARD DECISIONS.] 
    A party that is aggrieved by the final decision made by the 
order of the board may appeal the order decision to the district 
court of appeals in the manner provided by sections 14.63 to 
14.69. 
     Sec. 5.  Minnesota Statutes 1990, section 103F.535, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESERVATION OF MARGINAL LAND AND 
WETLANDS.] (a) Notwithstanding any other law, marginal land and 
wetlands are withdrawn from sale by the state unless use of the 
marginal land or wetland is restricted by a conservation 
easement as provided in this section. 
    (b) This section does not apply to transfers of land by the 
board of water and soil resources to correct errors in legal 
descriptions under section 103F.515, subdivision 8, or to 
transfers by the commissioner of natural resources for:  
    (1) land that is currently in nonagricultural commercial 
use if a conservation easement would interfere with the 
commercial use; 
    (2) land in platted subdivisions; 
    (3) conveyances of land to correct errors in legal 
descriptions under section 84.0273; 
    (4) exchanges of nonagricultural land with the federal 
government, or exchanges of Class A, Class B, and Class C 
nonagricultural land with local units of government under 
sections 94.342, 94.343, 94.344, and 94.349; 
    (5) land transferred to political subdivisions for public 
purposes under sections 84.027, subdivision 10, and 94.10; and 
    (6) land not needed for trail purposes that is sold to 
adjacent property owners and lease holders under section 85.015, 
subdivision 1, paragraph (b).  
    (c) This section does not apply to transfers of land by the 
commissioner of administration or transportation or by the 
Minnesota housing finance agency, or to transfers of 
tax-forfeited land under chapter 282 if:  
    (1) the land is in platted subdivisions; or 
    (2) the conveyance is a transfer to correct errors in legal 
descriptions. 
    (d) This section does not apply to transfers of land by the 
commissioner of administration or by the Minnesota housing 
finance agency for: 
    (1) land that is currently in nonagricultural commercial 
use if a conservation easement would interfere with the 
commercial use; or 
    (2) land transferred to political subdivisions for public 
purposes under sections 84.027, subdivision 10, and 94.10. 
    Sec. 6.  Minnesota Statutes 1990, section 103G.271, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [MT. SIMON-HINCKLEY AQUIFER.] (a) The 
commissioner may not issue new water use permits that will 
appropriate water from the Mt. Simon-Hinckley aquifer in a 
metropolitan county, as defined in section 473.121, subdivision 
4, unless the appropriation is for potable water use, there are 
no feasible or practical alternatives to this source, and a 
water conservation plan is incorporated with the permit. 
    (b) The commissioner shall terminate all permits 
authorizing appropriation and use of water from the Mt. 
Simon-Hinckley aquifer for once-through systems in the 
seven-county a metropolitan area county, as defined in section 
473.121, subdivision 4, by December 31, 1992. 
    Sec. 7.  Minnesota Statutes 1990, section 216D.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil by use of a 
motor, engine, hydraulic or pneumatically-powered tool, or 
machine-powered equipment of any kind, or by explosives.  
Excavation does not include:  
    (1) the repair or installation of agricultural drainage 
tile for which notice has been given as provided by section 
116I.07, subdivision 2; 
    (2) the extraction of minerals; 
    (3) the opening of a grave in a cemetery; 
    (4) normal maintenance of roads and streets if the 
maintenance does not change the original grade and does not 
involve the road ditch; 
    (5) plowing, cultivating, planting, harvesting, and similar 
operations in connection with growing crops, trees, and shrubs, 
unless any of these activities disturbs the soil to a depth of 
18 inches or more; or 
    (6) landscaping or gardening unless one of the activities 
disturbs the soil to a depth of 12 inches or more. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:15 a.m.