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 casehearing 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 14board 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 judgethe 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.535must 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 theboard may appeal the orderdecision to the districtcourt 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-countya metropolitan areacounty, 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.