Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 354-H.F.No. 1
An act relating to wetlands; declaring legislative
findings and stating public policy; establishing a
program of wetland prioritization and planning;
providing for wetland preservation areas and for cost
sharing for wetland establishment and restoration;
establishing a program for peatland area protection
and designating peatland scientific and natural areas;
regulating discharge of dredged and fill material into
state waters; regulating activities altering the
character of wetlands; authorizing bond sales and
appropriating proceeds; amending Minnesota Statutes
1990, sections 84.085; 103A.201; 103B.155; 103B.231,
subdivision 6; 103B.311, subdivision 6; 103E.701, by
adding a subdivision; 103F.515, subdivision 2;
103G.005, subdivisions 13a, 15, 18, and by adding
subdivisions; 103G.141; 103G.221; 103G.225; 103G.231;
103G.235; 103G.271, subdivision 6; 272.02, subdivision
1; 273.11, subdivision 1, and by adding a subdivision;
282.018, subdivision 2; 446A.12, subdivision 1; and
645.44, subdivision 8a; proposing coding for new law
in Minnesota Statutes, chapters 84; 103B; 103F; and
103G; repealing Minnesota Statutes, section 103G.221,
subdivisions 2 and 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
POLICY
Section 1. [CITATION.]
This act may be cited as the "wetland conservation act of
1991."
Sec. 2. Minnesota Statutes 1990, section 103A.201, is
amended to read:
103A.201 [REGULATORY POLICY.]
Subdivision 1. [POLICY.] To conserve and use water
resources of the state in the best interests of its people, and
to promote the public health, safety, and welfare, it is the
policy of the state that:
(1) subject to existing rights, public waters are subject
to the control of the state;
(2) the state, to the extent provided by law, shall control
the appropriation and use of waters of the state; and
(3) the state shall control and supervise activity that
changes or will change the course, current, or cross section of
public waters, including the construction, reconstruction,
repair, removal, abandonment, alteration, or the transfer of
ownership of dams, reservoirs, control structures, and waterway
obstructions in public waters.
Subd. 2. [WETLANDS FINDINGS; PUBLIC INTEREST.] (a)
Wetlands identified in the state under article 6, section 6, do
not:
(1) grant the public additional or greater right of access
to the wetlands;
(2) diminish the right of ownership or usage of the beds
underlying the wetlands, except as otherwise provided by law;
(3) affect state law forbidding trespass on private lands;
and
(4) require the commissioner to acquire access to the
wetlands.
(b) The legislature finds that the wetlands of Minnesota
provide public value by conserving surface waters, maintaining
and improving water quality, preserving wildlife habitat,
providing recreational opportunities, reducing runoff, providing
for floodwater retention, reducing stream sedimentation,
contributing to improved subsurface moisture, helping moderate
climatic change, and enhancing the natural beauty of the
landscape, and are important to comprehensive water management,
and that it is in the public interest to:
(1) achieve no net loss in the quantity, quality, and
biological diversity of Minnesota's existing wetlands;
(2) increase the quantity, quality, and biological
diversity of Minnesota's wetlands by restoring or enhancing
diminished or drained wetlands;
(3) avoid direct or indirect impacts from activities that
destroy or diminish the quantity, quality, and biological
diversity of wetlands; and
(4) replace wetland values where avoidance of activity is
not feasible and prudent.
ARTICLE 2
WETLAND PRIORITIZATION AND PLANNING
Section 1. Minnesota Statutes 1990, section 103B.155, is
amended to read:
103B.155 [STATE WATER AND RELATED LAND RESOURCE PLAN.]
The commissioner of natural resources, in cooperation with
other state and federal agencies, regional development
commissions, the metropolitan council, local governmental units,
and citizens, shall prepare a statewide framework and assessment
water and related land resources plan for presentation to the
legislature by November 15, 1975, for its review and approval or
disapproval. This plan must relate each of the programs of the
department of natural resources for specific aspects of water
management to the others. The statewide plan must include:
(1) regulation of improvements and land development by
abutting landowners of the beds, banks, and shores of lakes,
streams, watercourses, and marshes by permit or otherwise to
preserve them for beneficial use;
(2) regulation of construction of improvements on and
prevention of encroachments in the flood plains of the rivers,
streams, lakes, and marshes of the state;
(3) reclamation or filling of wet and overflowed lands;
(4) repair, improvement, relocation, modification or
consolidation in whole or in part of previously established
public drainage systems within the state;
(5) preservation of wetland areas;
(6) management of game and fish resources as related to
water resources;
(7) control of water weeds;
(8) control or alleviation of damages by flood waters;
(9) alteration of stream channels for conveyance of surface
waters, navigation, and any other public purposes;
(10) diversion or changing of watercourses in whole or in
part;
(11) regulation of the flow of streams and conservation of
their waters;
(12) regulation of lake water levels;
(13) maintenance of water supply for municipal, domestic,
industrial, recreational, agricultural, aesthetic, wildlife,
fishery, or other public use;
(14) sanitation and public health and regulation of uses of
streams, ditches, or watercourses to dispose of waste and
maintain water quality;
(15) preventive or remedial measures to control or
alleviate land and soil erosion and siltation of affected
watercourses or bodies of water; and
(16) regulation of uses of water surfaces; and
(17) identification of high priority regions for wetland
preservation, enhancement, restoration, and establishment.
Sec. 2. Minnesota Statutes 1990, section 103B.231,
subdivision 6, is amended to read:
Subd. 6. [CONTENTS.] (a) The plan shall:
(1) describe the existing physical environment, land use,
and development in the area and the environment, land use, and
development proposed in existing local and metropolitan
comprehensive plans;
(2) present information on the hydrologic system and its
components, including drainage systems previously constructed
under chapter 103E, and existing and potential problems related
thereto;
(3) state objectives and policies, including management
principles, alternatives and modifications, water quality, and
protection of natural characteristics;
(4) set forth a management plan, including the hydrologic
and water quality conditions that will be sought and significant
opportunities for improvement;
(5) describe the effect of the plan on existing drainage
systems;
(6) identify high priority areas for wetland preservation,
enhancement, restoration, and establishment and describe any
conflicts with wetlands and land use in these areas;
(7) describe conflicts between the watershed plan and
existing plans of local government units;
(7) (8) set forth an implementation program consistent with
the management plan, which includes a capital improvement
program and standards and schedules for amending the
comprehensive plans and official controls of local government
units in the watershed to bring about conformance with the
watershed plan; and
(8) (9) set out a procedure for amending the plan.
(b) The board shall adopt rules to establish standards and
requirements for amendments to watershed plans. The rules must
include:
(1) performance standards for the watershed plans, which
may distinguish between plans for urban areas and rural areas;
(2) minimum requirements for the content of watershed plans
and plan amendments, including public participation process
requirements for amendment and implementation of watershed
plans;
(3) standards for the content of capital improvement
programs to implement watershed plans, including a requirement
that capital improvement programs identify structural and
nonstructural alternatives that would lessen capital
expenditures; and
(4) how watershed plans are to specify the nature of the
official controls required to be adopted by the local units of
government, including uniform erosion control, stormwater
retention, and wetland protection ordinances in the metropolitan
area.
Sec. 3. Minnesota Statutes 1990, section 103B.311,
subdivision 6, is amended to read:
Subd. 6. [SCOPE OF PLANS.] Comprehensive water plans must
include:
(1) a description of the existing and expected changes to
physical environment, land use, and development in the county;
(2) available information about the surface water,
groundwater, and related land resources in the county, including
existing and potential distribution, availability, quality, and
use;
(3) objectives for future development, use, and
conservation of water and related land resources, including
objectives that concern water quality and quantity, and
sensitive areas, wellhead protection areas, high priority areas
for wetland preservation, enhancement, restoration, and
establishment, and related land use conditions, and a
description of actions that will be taken in affected watersheds
or groundwater systems to achieve the objectives;
(4) a description of potential changes in state programs,
policies, and requirements considered important by the county to
management of water resources in the county;
(5) a description of conflicts between the comprehensive
water plan and existing plans of other local units of
government;
(6) a description of possible conflicts between the
comprehensive water plan and existing or proposed comprehensive
water plans of other counties in the affected watershed units or
groundwater systems;
(7) a program for implementation of the plan that is
consistent with the plan's management objectives and includes
schedules for amending official controls and water and related
land resources plans of local units of government to conform
with the comprehensive water plan, and the schedule, components,
and expected state and local costs of any projects to implement
the comprehensive water plan that may be proposed, although this
does not mean that projects are required by this section; and
(8) a procedure for amending the comprehensive water plan.
PUBLIC VALUE OF WETLANDS
Sec. 4. [103B.3355] [PUBLIC VALUE CRITERIA FOR WETLANDS.]
(a) The board of water and soil resources, in consultation
with the commissioner of natural resources, shall adopt rules
establishing criteria to determine the public value of
wetlands. The rules must consider the public benefit and use of
the wetlands and include:
(1) criteria to determine the benefits of wetlands for
water quality, including filtering of pollutants to surface and
groundwater, utilization of nutrients that would otherwise
pollute public waters, trapping of sediments, and utilization of
the wetland as a recharge area for groundwater;
(2) criteria to determine the benefits of wetlands for
floodwater retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and
the reduction in potential flooding by the wetland;
(3) criteria to determine the benefits of wetlands for
public recreation, including wildlife habitat, hunting and
fishing areas, wildlife breeding areas, wildlife viewing areas,
aesthetically enhanced areas, and nature areas;
(4) criteria to determine the benefits of wetlands for
commercial uses, including wild rice growing and harvesting and
aquaculture; and
(5) criteria to determine the benefits of wetlands for
other public uses.
(b) The criteria established under this subdivision must be
used to determine the public value of wetlands in the state.
The board of water and soil resources, in consultation with the
commissioner of natural resources, shall also use the criteria
in identifying regions of the state where preservation,
enhancement, restoration, and establishment of wetlands would
have high public value. Before the criteria are adopted, the
board, in consultation with the commissioner, may identify high
priority wetland regions using available information relating to
the factors listed in paragraph (a). The board shall notify
local units of government with water planning authority of these
high priority regions.
ARTICLE 3
PERMANENT WETLAND PRESERVES
Section 1. [103F.516] [PERMANENT WETLANDS PRESERVE.]
Subdivision 1. [EASEMENTS.] Upon application by a
landowner, the board may acquire permanent easements on land
containing type 1, 2, or 3 wetlands, as defined in United States
Fish and Wildlife Service Circular No. 39 (1971 edition).
Subd. 2. [NATURE OF PROPERTY RIGHTS ACQUIRED.] (a) The
nature of property rights acquired in an easement under this
section must be consistent with the provisions of section
103F.515, subdivision 4.
(b) A permanent easement may include four adjacent upland
acres of land for each acre of wetland included.
(c) The easement must require that the landowner control
noxious weeds in accordance with sections 18.171 to 18.317.
(d) The permanent easement must be conveyed to the state in
recordable form free of any prior title, lien, or encumbrance
and must provide for a right of entry by the state for
inspection and correction of violations.
Subd. 3. [PAYMENT.] (a) Payment for the conservation
easement may be made in ten equal annual payments or, at the
option of the land owner, in a lump sum at:
(1) 50 percent of the township average equalized estimated
market value of agricultural property as established by the
commissioner of revenue at the time of easement application for
wetlands located outside of the metropolitan counties, as
defined in section 473.121, subdivision 4, and wetlands located
on agricultural lands within a metropolitan county; or
(2) for wetlands located on nonagricultural land within the
metropolitan county, 20 percent of the township average
equalized estimated market value of agricultural property as
established by the commissioner of revenue at the time of
easement application.
(b) Payment for adjacent upland acreage of cropped and
noncropped land under subdivision 2, paragraph (b), must be made
at 90 percent and 60 percent, respectively, of the township
average equalized market value of agricultural land as
established by the commissioner of revenue at the time of
easement application.
Subd. 4. [ENFORCEMENT AND CORRECTIONS.] Enforcement of the
permanent easement and violation corrections is governed by
section 103F.515, subdivisions 8 and 9.
Subd. 5. [AVAILABLE FUNDS.] A property owner eligible for
payments under this section must receive payments to the extent
that funds are available. If funds are not available and
payments are not made, restrictions on the use of the property
owner's wetlands are terminated under this section.
ARTICLE 4
WETLAND PRESERVATION AREAS
Section 1. [103F.612] [WETLAND PRESERVATION AREAS.]
Subdivision 1. [DEFINITION.] For purposes of sections 1 to
5, "wetland" has the meaning given in article 6, section 6.
Subd. 2. [APPLICATION.] (a) A wetland owner may apply to
the county where a wetland is located for designation of a
wetland preservation area in a high priority wetland area
identified in a comprehensive local water plan, as defined in
section 103B.3363, subdivision 3, and located within a high
priority wetland region designated by the board of water and
soil resources. The application must be made on forms provided
by the board. If a wetland is located in more than one county,
the application must be submitted to the county where the
majority of the wetland is located.
(b) The application must contain at least the following
information and other information the board of soil and water
resources requires:
(1) legal description of the area to be approved, which
must include an upland strip at least 16-1/2 feet in width
around the perimeter of wetlands within the area and may include
total upland area of up to four acres for each acre of wetland;
(2) parcel identification numbers where designated by the
county auditor;
(3) name and address of the owner;
(4) a witnessed signature of the owner covenanting that the
land will be preserved as a wetland and will only be used in
accordance with conditions prescribed by the board of water and
soil resources; and
(5) a statement that the restrictive covenant will be
binding on the owner and the owner's successors or assigns, and
will run with the land.
(c) The upland strip required in paragraph (b), clause (1),
must be planted with permanent vegetation other than a noxious
weed.
(d) For registered property, the owner shall submit the
owner's duplicate certificate of title with the application.
Subd. 3. [REVIEW AND NOTICE.] Upon receipt of an
application, the county shall determine if all material required
by subdivision 2 has been submitted and, if so, shall determine
that the application is complete. The term "date of application"
means the date the application is determined to be complete by
the county. The county shall send a copy of the application to
the county assessor, the regional development commission, where
applicable, the board of water and soil resources, and the soil
and water conservation district where the land is located. The
soil and water conservation district shall prepare an advisory
statement of existing and potential preservation problems or
conflicts and send the statement to the owner of record and to
the county.
Subd. 4. [RECORDING.] Within five days of the date of
application, the county shall forward the application to the
county recorder, with the owner's duplicate certificate of title
in the case of registered property. The county recorder shall
record the restrictive covenant and return it to the applicant.
In the case of registered property, the recorder shall
memorialize the restrictive covenant upon the certificate of
title and the owner's duplicate certificate of title. The
recorder shall notify the county that the covenant has been
recorded or memorialized.
Subd. 5. [COMMENCEMENT OF WETLAND PRESERVATION AREA.] The
wetland is a wetland preservation area commencing 30 days from
the date the county determines the application is complete under
subdivision 3.
Subd. 6. [FEE.] The county may require an application fee,
not to exceed $50.
Subd. 7. [MAPS.] The board of water and soil resources
shall maintain wetland preservation area maps illustrating land
covenanted as wetland preservation areas.
Sec. 2. [103F.613] [DURATION OF WETLAND PRESERVATION
AREA.]
Subdivision 1. [GENERAL.] A wetland preservation area
continues in existence until the owner initiates expiration as
provided in this section. The date of expiration must be at
least eight years from the date of notice under this section.
Subd. 2. [TERMINATION BY OWNER.] The owner may initiate
expiration of a wetland preservation area by notifying the
county on a form prepared by the board of water and soil
resources and made available in each county. The notice must
describe the property involved and must state the date of
expiration. The notice may be rescinded by the owner during the
first two years following notice.
Subd. 3. [NOTICE AND RECORDING; TERMINATION.] When the
county receives notice under subdivision 2, the county shall
forward the original notice to the county recorder for recording
and shall notify the regional development commission, where
applicable, the board of water and soil resources, and the
county soil and water conservation district of the date of
expiration. The benefits and limitations of the wetland
preservation area and the restrictive covenant filed with the
application cease on the date of expiration. For registered
property, the county recorder shall cancel the restrictive
covenant upon the certificate of title and the owner's duplicate
certificate of title on the effective date of the expiration.
Subd. 4. [EARLY EXPIRATION.] A wetland preservation area
may be terminated earlier than as provided in this section only
in the event of a public emergency upon petition from the owner
or county to the governor. The determination of a public
emergency must be made by the governor through executive order
under section 4.035 and chapter 12. The executive order must
identify the wetland preservation area, the reasons requiring
the action, and the date of expiration.
Sec. 3. [103F.614] [EMINENT DOMAIN ACTIONS.]
Subdivision 1. [APPLICABILITY.] An agency of the state, a
public benefit corporation, a local government, or any other
entity with the power of eminent domain under chapter 117,
except a public utility as defined in section 216B.02, a
municipal electric or gas utility, a municipal power agency, a
cooperative electric association organized under chapter 308A,
or a pipeline operating under the authority of the Natural Gas
Act, United States Code, title 15, sections 717 to 717z, shall
follow the procedures in this section before:
(1) acquiring land or an easement in land with a total area
over ten acres within a wetland preservation area; or
(2) advancing a grant, loan, interest subsidy, or other
funds for the construction of dwellings, commercial or
industrial facilities, or water or sewer facilities that could
be used to serve structures in areas that are not for
agricultural use, that require an acquisition of land or an
easement in a wetland preservation area.
Subd. 2. [NOTICE OF INTENT.] At least 60 days before an
action described in subdivision 1, notice of intent must be
filed with the environmental quality board containing
information and in the manner and form required by the
environmental quality board. The notice of intent must contain
a report justifying the proposed action, including an evaluation
of alternatives that would not affect land within a wetland
preservation area.
Subd. 3. [REVIEW AND ORDER.] The environmental quality
board, in consultation with affected local governments, shall
review the proposed action to determine its effect on the
preservation and enhancement of wetlands and the relationship to
local and regional comprehensive plans. If the environmental
quality board finds that the proposed action might have an
unreasonable effect on a wetland preservation area, the
environmental quality board shall issue an order within the
60-day period under subdivision 2 for the party to refrain from
the proposed action for an additional 60 days.
Subd. 4. [PUBLIC HEARING.] During the additional 60 days,
the environmental quality board shall hold a public hearing
concerning the proposed action at a place within the affected
wetland preservation area or easily accessible to the wetland
preservation area. Notice of the hearing must be published in a
newspaper having a general circulation within the area.
Individual written notice must be given to the local governments
with jurisdiction over the wetland preservation area, the
agency, corporation or government proposing to take the action,
the owner of land in the wetland preservation area, and any
public agency having the power of review or approval of the
action.
Subd. 5. [JOINT REVIEW.] The review process required in
this section may be conducted jointly with any other
environmental impact review by the environmental quality board.
Subd. 6. [SUSPENSION OF ACTION.] The environmental quality
board may suspend an eminent domain action for up to one year if
it determines that the action is contrary to wetland
preservation and that there are feasible and prudent
alternatives that may have a less negative impact on the wetland
preservation area.
Subd. 7. [TERMINATION OF WETLAND PRESERVATION AREA.] The
benefits and limitations of a wetland preservation area,
including the restrictive covenant for the portion of the
wetland preservation area taken, end on the date title and
possession of the property is obtained.
Subd. 8. [ACTION BY ATTORNEY GENERAL.] The environmental
quality board may request the attorney general to bring an
action to enjoin an agency, corporation, or government from
violating this section.
Subd. 9. [EXCEPTION.] This section does not apply to an
emergency project that is immediately necessary for the
protection of life and property.
Sec. 4. [103F.615] [LIMITATION ON CERTAIN PUBLIC
PROJECTS.]
Subdivision 1. [PROJECTS AND ASSESSMENTS PROHIBITED;
EXCEPTION.] Notwithstanding any other law, construction projects
for public sanitary sewer systems, public water systems, and new
public drainage systems are prohibited in wetland preservation
areas. New connections between land or buildings in a wetland
preservation area and public projects are prohibited. Land in a
wetland preservation area may not be assessed for public
projects built in the vicinity of the wetland preservation area.
Subd. 2. [EXCEPTION; OWNER OPTION.] Subdivision 1 does not
apply to public projects if the owner of the wetland
preservation area elects to use and benefit from a public
project.
Sec. 5. [103F.616] [SOIL CONSERVATION PRACTICES.]
An owner of a wetland preservation area shall manage the
area and surrounding upland areas with sound soil conservation
practices that prevent excessive soil loss according to the
model ordinance adopted by the board of water and soil
resources. The model ordinance and soil loss provisions under
sections 103F.401 to 103F.455 relating to soil loss apply to all
upland areas within a wetland preservation area and to
surrounding upland areas. A sound soil conservation practice
prevents excessive soil loss or reduces soil loss to the most
practicable extent.
Sec. 6. Minnesota Statutes 1990, section 272.02,
subdivision 1, is amended to read:
Subdivision 1. All property described in this section to
the extent herein limited shall be exempt from taxation:
(1) all public burying grounds;
(2) all public schoolhouses;
(3) all public hospitals;
(4) all academies, colleges, and universities, and all
seminaries of learning;
(5) all churches, church property, and houses of worship;
(6) institutions of purely public charity except parcels of
property containing structures and the structures described in
section 273.13, subdivision 25, paragraph (c), clauses (1), (2),
and (3), or paragraph (d);
(7) all public property exclusively used for any public
purpose;
(8) except for the taxable personal property enumerated
below, all personal property and the property described in
section 272.03, subdivision 1, paragraphs (c) and (d), shall be
exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric
generating, transmission, or distribution system or a pipeline
system transporting or distributing water, gas, crude oil, or
petroleum products or mains and pipes used in the distribution
of steam or hot or chilled water for heating or cooling
buildings and structures;
(b) railroad docks and wharves which are part of the
operating property of a railroad company as defined in section
270.80;
(c) personal property defined in section 272.03,
subdivision 2, clause (3);
(d) leasehold or other personal property interests which
are taxed pursuant to section 272.01, subdivision 2; 273.124,
subdivision 7; or 273.19, subdivision 1; or any other law
providing the property is taxable as if the lessee or user were
the fee owner;
(e) manufactured homes and sectional structures; and
(f) flight property as defined in section 270.071.
(9) Personal property used primarily for the abatement and
control of air, water, or land pollution to the extent that it
is so used, and real property which is used primarily for
abatement and control of air, water, or land pollution as part
of an agricultural operation or as part of an electric
generation system. For purposes of this clause, personal
property includes ponderous machinery and equipment used in a
business or production activity that at common law is considered
real property.
Any taxpayer requesting exemption of all or a portion of
any equipment or device, or part thereof, operated primarily for
the control or abatement of air or water pollution shall file an
application with the commissioner of revenue. The equipment or
device shall meet standards, rules, or criteria prescribed by
the Minnesota pollution control agency, and must be installed or
operated in accordance with a permit or order issued by that
agency. The Minnesota pollution control agency shall upon
request of the commissioner furnish information or advice to the
commissioner. On determining that property qualifies for
exemption, the commissioner shall issue an order exempting the
property from taxation. The equipment or device shall continue
to be exempt from taxation as long as the permit issued by the
Minnesota pollution control agency remains in effect.
(10) Wetlands. For purposes of this subdivision,
"wetlands" means (1): (i) land described in section 103G.005,
subdivision 18, or (2); (ii) land which is mostly under water,
produces little if any income, and has no use except for
wildlife or water conservation purposes, provided it is
preserved in its natural condition and drainage of it would be
legal, feasible, and economically practical for the production
of livestock, dairy animals, poultry, fruit, vegetables, forage
and grains, except wild rice; or (iii) land in a wetland
preservation area under sections 1 to 5. "Wetlands" shall under
items (i) and (ii) include adjacent land which is not suitable
for agricultural purposes due to the presence of the wetlands.
"Wetlands" shall, but do not include woody swamps containing
shrubs or trees, wet meadows, meandered water, streams, rivers,
and floodplains or river bottoms. Exemption of wetlands from
taxation pursuant to this section shall not grant the public any
additional or greater right of access to the wetlands or
diminish any right of ownership to the wetlands.
(11) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause. Upon receipt of an
application for the exemption provided in this clause for lands
for which the assessor has no determination from the
commissioner of natural resources, the assessor shall refer the
application to the commissioner of natural resources who shall
determine within 30 days whether the land is native prairie and
notify the county assessor of the decision. Exemption of native
prairie pursuant to this clause shall not grant the public any
additional or greater right of access to the native prairie or
diminish any right of ownership to it.
(12) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31,
1986, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(13) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility, or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(14) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of section
103G.535.
(15) If approved by the governing body of the municipality
in which the property is located, and if construction is
commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by
a corporation licensed by the federal communications commission
to provide direct satellite broadcasting services using direct
broadcast satellites operating in the 12-ghz. band; and
(b) a "fixed satellite regional or national program service
facility" operated by a corporation licensed by the federal
communications commission to provide fixed satellite-transmitted
regularly scheduled broadcasting services using satellites
operating in the 6-ghz. band.
An exemption provided by clause (15) shall apply for a period
not to exceed five years. When the facility no longer qualifies
for exemption, it shall be placed on the assessment rolls as
provided in subdivision 4. Before approving a tax exemption
pursuant to this paragraph, the governing body of the
municipality shall provide an opportunity to the members of the
county board of commissioners of the county in which the
facility is proposed to be located and the members of the school
board of the school district in which the facility is proposed
to be located to meet with the governing body. The governing
body shall present to the members of those boards its estimate
of the fiscal impact of the proposed property tax exemption.
The tax exemption shall not be approved by the governing body
until the county board of commissioners has presented its
written comment on the proposal to the governing body or 30 days
has passed from the date of the transmittal by the governing
body to the board of the information on the fiscal impact,
whichever occurs first.
(16) Real and personal property owned and operated by a
private, nonprofit corporation exempt from federal income
taxation pursuant to United States Code, title 26, section
501(c)(3), primarily used in the generation and distribution of
hot water for heating buildings and structures.
(17) Notwithstanding section 273.19, state lands that are
leased from the department of natural resources under section
92.46.
(18) Electric power distribution lines and their
attachments and appurtenances, that are used primarily for
supplying electricity to farmers at retail.
(19) Transitional housing facilities. "Transitional
housing facility" means a facility that meets the following
requirements. (i) It provides temporary housing to parents and
children who are receiving AFDC or parents of children who are
temporarily in foster care. (ii) It has the purpose of
reuniting families and enabling parents to obtain
self-sufficiency, advance their education, get job training, or
become employed in jobs that provide a living wage. (iii) It
provides support services such as child care, work readiness
training, and career development counseling; and a
self-sufficiency program with periodic monitoring of each
resident's progress in completing the program's goals. (iv) It
provides services to a resident of the facility for at least six
months but no longer than three years, except residents enrolled
in an educational or vocational institution or job training
program. These residents may receive services during the time
they are enrolled but in no event longer than four years. (v)
It is sponsored by an organization that has received a grant
under either section 256.7365 for the biennium ending June 30,
1989, or section 462A.07, subdivision 15, for the biennium
ending June 30, 1991, for the purposes of providing the services
in items (i) to (iv). (vi) It is sponsored by an organization
that is exempt from federal income tax under section 501(c)(3)
of the Internal Revenue Code of 1986, as amended through
December 31, 1987. This exemption applies notwithstanding the
fact that the sponsoring organization receives financing by a
direct federal loan or federally insured loan or a loan made by
the Minnesota housing finance agency under the provisions of
either Title II of the National Housing Act or the Minnesota
housing finance agency law of 1971 or rules promulgated by the
agency pursuant to it, and notwithstanding the fact that the
sponsoring organization receives funding under Section 8 of the
United States Housing Act of 1937, as amended.
Sec. 7. [275.295] [WETLANDS EXEMPTION; REPLACEMENT OF REVENUE.]
Subdivision 1. [CERTIFICATION.] The total amount of
revenue lost as a result of the exemption provided in Minnesota
Statutes, section 272.02, subdivision 1, paragraph (10), clause
(3), must be certified by the county auditor to the commissioner
of revenue and submitted to the commissioner as part of the
abstract of tax lists to be filed with the commissioner under
the provisions of Minnesota Statutes, section 275.29. The
amount of revenue lost as a result of the exemption must be
computed each year by applying the current tax rates of the
taxing jurisdictions in which the wetlands are located to the
assessed valuation of the wetlands. Payment to the county for
lost revenue must not be less than the revenue that would have
been received in taxes if the wetlands had an assessed value of
$5 per acre. The commissioner of revenue shall review the
certification for accuracy and may make necessary changes or
return the certification to the county auditor for corrections.
Subd. 2. [PAYMENT.] Based on current year tax data
reported in the abstracts of tax lists, the commissioner of
revenue shall annually determine the taxing district
distribution of the amounts certified under subdivision 1. The
commissioner shall pay to each taxing district, other than
school districts, its total payment for the year in equal
installments on or before July 15 and December 15 of each year.
Subd. 3. [APPROPRIATION.] There is appropriated from the
general fund to the commissioner of revenue the amount necessary
to make the payments required in subdivision 2.
Sec. 8. [EFFECTIVE DATE.]
Sections 6 and 7 are effective for taxes levied in 1992,
payable in 1993, and thereafter.
ARTICLE 5
WETLAND ESTABLISHMENT AND RESTORATION PROGRAM
Section 1. [103F.901] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 1 to 5.
Subd. 2. [BOARD.] "Board" means the board of water and
soil resources.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 4. [COMPREHENSIVE LOCAL WATER PLAN.] "Comprehensive
local water plan" has the meaning given in section 103B.3363,
subdivision 3.
Subd. 5. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
government" means a county board, joint county board, watershed
management organization, or watershed district.
Subd. 6. [WATERSHED DISTRICT.] "Watershed district" means
a district established under chapter 103D.
Subd. 7. [WATERSHED MANAGEMENT ORGANIZATION.] "Watershed
management organization" has the meaning given in section
103B.205, subdivision 13.
Subd. 8. [WETLAND.] "Wetland" has the meaning given in
article 6, section 6.
Sec. 2. [103F.902] [LOCAL PLANNING AND APPROVAL.]
Subdivision 1. [APPLICATION.] A willing landowner may
apply, on forms provided by the board, to a local unit of
government for the establishment or restoration of a wetland on
property owned by the landowner in an area that is:
(1) designated by the board as a high priority wetland
region; and
(2) identified as a high priority wetland area in the local
unit of government's comprehensive local water plan.
Subd. 2. [NOTICE AND PRELIMINARY HEARING.] (a) Within 30
days after receiving an application, the local unit of
government shall hold a public hearing. At least ten days
before the hearing, the local unit of government shall give
notice of the hearing to the applicant and publish notice in an
official newspaper of general circulation in the county.
(b) At the hearing, the local unit of government shall
describe the application and hear comments from interested
persons regarding the application and the planned establishment
or restoration project.
Subd. 3. [PRELIMINARY APPROVAL.] Within 30 days of the
public hearing, the local unit of government must give
preliminary approval or disapproval of the application.
Subd. 4. [SURVEY REPORT.] After preliminary approval, the
local unit of government shall direct and pay the costs of a
soil and water conservation engineer to conduct a survey of the
property where the wetland restoration or establishment project
is proposed to be located. The engineer must file a report,
including a map of the proposed wetland, that describes the
effects of the proposed wetland on:
(1) the hydrology in the area;
(2) property of persons other than the applicant;
(3) groundwater recharge;
(4) flooding;
(5) fish and wildlife habitat;
(6) water quality; and
(7) other characteristics as determined by the local unit
of government.
Subd. 5. [NOTICE AND FINAL HEARING.] Within 30 days of
receiving the completed survey, the local unit of government
shall hold a public hearing on the proposed project. At least
ten days before the hearing, the local unit of government shall
notify the landowner and the commissioner and provide public
notice of the hearing and the availability of the survey report
in an official newspaper of general circulation in the county.
The commissioner may provide comment on the proposed wetland.
Subd. 6. [FINAL LOCAL APPROVAL.] Within 30 days of the
public hearing, the local unit of government shall notify the
applicant and the commissioner of the final approval or
disapproval of the proposed wetland.
Sec. 3. [103F.903] [WETLAND ESTABLISHMENT AND RESTORATION
COST-SHARE PROGRAM.]
Subdivision 1. [APPLICATION.] A local unit of government
shall apply to the board to receive cost-share funding for a
proposed wetland restoration project that receives final local
approval under section 2. The application must include a copy
of the survey report and any comments received on the proposed
wetland. Within 30 days of receiving an application, the board
shall notify the local unit of government on whether the
application and survey report are complete.
Subd. 2. [COST-SHARE.] The board may provide up to the
lesser of $20,000 or 50 percent of the cost of a wetland
establishment or restoration project, including engineering
costs, establishment or restoration costs, and compensation
costs.
Subd. 3. [CONSERVATION EASEMENT.] In exchange for
cost-share financing under subdivision 2, the board shall
acquire a permanent conservation easement, as defined in section
84C.01, paragraph (1). The easement agreement must contain the
conditions listed in section 103F.515, subdivision 4.
Subd. 4. [PRIORITIES.] In reviewing requests from local
units of government under this section, the board must give
priority to applications based on the public value of the
proposed wetland. The public value of the wetland must include
the value of the wetland for:
(1) water quality;
(2) flood protection;
(3) recreation including fish and wildlife habitat;
(4) groundwater recharge; and
(5) other public uses.
Sec. 4. [103F.904] [WETLAND ESTABLISHMENT.]
Subdivision 1. [ESTABLISHMENT ORDER.] After receiving
approval of cost-share funding from the board, the local unit of
government shall order the establishment or restoration of the
wetland. The local unit of government shall pay all costs of
establishing or restoring the wetland including the compensation
required under subdivision 2.
Subd. 2. [COMPENSATION.] In exchange for the permanent
conservation easement on an established or restored wetland, the
local unit of government shall pay the applicant the amount
required under section 103F.515, subdivision 6, for a permanent
conservation easement.
Sec. 5. [103F.905] [RULES.]
The board may adopt rules to implement sections 1 to 4.
ARTICLE 6
REGULATION OF WETLAND ACTIVITIES
Section 1. Minnesota Statutes 1990, section 103G.005, is
amended by adding a subdivision to read:
Subd. 6a. [BOARD.] "Board" means the board of water and
soil resources.
Sec. 2. Minnesota Statutes 1990, section 103G.005, is
amended by adding a subdivision to read:
Subd. 10a. [LOCAL GOVERNMENT UNIT.] "Local government
unit" means:
(1) outside of the seven-county metropolitan area, a city
council or county board of commissioners; and
(2) in the seven-county metropolitan area, a city council,
a town board under section 368.01, or a watershed management
organization under section 103B.211.
Sec. 3. Minnesota Statutes 1990, section 103G.005,
subdivision 15, is amended to read:
Subd. 15. [PUBLIC WATERS.] (a) "Public waters" means:
(1) waterbasins assigned a shoreland management
classification by the commissioner under sections 103F.201 to
103F.221, except wetlands less than 80 acres in size that are
classified as natural environment lakes;
(2) waters of the state that have been finally determined
to be public waters or navigable waters by a court of competent
jurisdiction;
(3) meandered lakes, excluding lakes that have been legally
drained;
(4) waterbasins previously designated by the commissioner
for management for a specific purpose such as trout lakes and
game lakes pursuant to applicable laws;
(5) waterbasins designated as scientific and natural areas
under section 84.033;
(6) waterbasins located within and totally surrounded by
publicly owned lands;
(7) waterbasins where the state of Minnesota or the federal
government holds title to any of the beds or shores, unless the
owner declares that the water is not necessary for the purposes
of the public ownership;
(8) waterbasins where there is a publicly owned and
controlled access that is intended to provide for public access
to the waterbasin;
(9) natural and altered watercourses with a total drainage
area greater than two square miles;
(10) natural and altered watercourses designated by the
commissioner as trout streams; and
(11) public waters wetlands, unless the statute expressly
states otherwise.
(b) Public waters are not determined exclusively by the
proprietorship of the underlying, overlying, or surrounding land
or by whether it is a body or stream of water that was navigable
in fact or susceptible of being used as a highway for commerce
at the time this state was admitted to the union.
Sec. 4. Minnesota Statutes 1990, section 103G.005, is
amended by adding a subdivision to read:
Subd. 17a. [WATERSHED.] "Watershed" means the 81 major
watershed units delineated by the map, "State of Minnesota
Watershed Boundaries - 1979".
Sec. 5. Minnesota Statutes 1990, section 103G.005,
subdivision 18, is amended to read:
Subd. 18. [PUBLIC WATERS WETLANDS.] "Public waters
wetlands" means all types 3, 4, and 5 wetlands, as defined in
United States Fish and Wildlife Service Circular No. 39 (1971
edition), not included within the definition of public waters,
that are ten or more acres in size in unincorporated areas or
2-1/2 or more acres in incorporated areas.
Sec. 6. Minnesota Statutes 1990, section 103G.005, is
amended by adding a subdivision to read:
Subd. 19. [WETLANDS.] (a) "Wetlands" means lands
transitional between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is
covered by shallow water. For purposes of this definition,
wetlands must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a prevalence
of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(3) under normal circumstances support a prevalence of such
vegetation.
(b) Wetlands does not include public waters wetlands as
defined in subdivision 18.
Sec. 7. Minnesota Statutes 1990, section 103G.221, is
amended to read:
103G.221 [DRAINAGE OF PUBLIC WATERS WETLANDS.]
Subdivision 1. [DRAINAGE OF PUBLIC WATERS WETLANDS
GENERALLY PROHIBITED WITHOUT REPLACEMENT.] Except as provided in
subdivisions 2 and 3, public waters wetlands may not be drained,
and a permit authorizing drainage of public waters wetlands may
not be issued, unless the public waters wetlands to be drained
are replaced by wetlands that will have equal or greater public
value.
Subd. 2. [DRAINAGE OF PUBLIC WATERS WETLANDS FOR
CROPLAND.] (a) Public waters wetlands that are lawful, feasible,
and practical to drain and if drained would provide high quality
cropland and that is the projected land use, as determined by
the commissioner, may be drained without a permit and without
replacement of by wetlands of equal or greater public value if
the commissioner does not choose, within 60 days of receiving an
application for a permit to drain the public waters wetlands to:
(1) place the public waters wetlands in the state water
bank program under section 103F.601; or
(2) acquire them in fee under section 97A.145.
(b) If the commissioner does not make the offer under
paragraph (a), clause (1) or (2), to a person applying for a
permit, the public waters wetlands may be drained without a
permit.
Subd. 3. [PERMIT TO DRAIN PUBLIC WATERS WETLANDS TEN YEARS
AFTER PUBLIC WATERS DESIGNATION.] (a) The owner of property
underneath public waters wetlands on privately owned property
may apply to the commissioner for a permit to drain the public
waters wetlands after ten years from their original designation
as public waters. After receiving the application, the
commissioner shall review the status of the public waters
wetlands and current conditions.
(b) If the commissioner finds that the status of the public
waters wetlands and the current conditions make it likely that
the economic or other benefits from agricultural use to the
owner from drainage would exceed the public benefits of
maintaining the public waters wetlands, the commissioner shall
grant the application and issue a drainage permit.
(c) If the application is denied, the owner may not apply
again for another ten years.
Sec. 8. [103G.222] [REPLACEMENT OF WETLANDS.]
(a) After the effective date of the rules adopted under
section 11 or article 2, section 4, whichever is later, wetlands
must not be drained or filled, wholly or partially, unless
replaced by restoring or creating wetland areas of at least
equal public value under either a replacement plan approved as
provided in section 11 or, if a permit to mine is required under
section 93.481, under a mining reclamation plan approved by the
commissioner under the permit to mine. Mining reclamation plans
shall apply the same principles and standards for replacing
wetlands by restoration or creation of wetland areas that are
applicable to mitigation plans approved as provided in section
11.
(b) Replacement must be guided by the following principles
in descending order of priority:
(1) avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or
magnitude of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
activity; and
(5) compensating for the impact by replacing or providing
substitute wetland resources or environments.
(c) If a wetland is located in a cultivated field, then
replacement must be accomplished through restoration only
without regard to the priority order in paragraph (b), provided
that a deed restriction is placed on the altered wetland
prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be
accomplished in accordance with the ecology of the landscape
area affected.
(e) Replacement shall be within the same watershed or
county as the impacted wetlands, as based on the wetland
evaluation in section 11, subdivision 2, except that counties or
watersheds in which 80 percent or more of the presettlement
wetland acreage is intact may accomplish replacement in counties
or watersheds in which 50 percent or more of the presettlement
wetland acreage has been filled, drained, or otherwise degraded.
Wetlands impacted by public transportation projects may be
replaced statewide, provided they are approved by the
commissioner under an established wetland banking system, or
under the rules for wetland banking as provided for under
section 11.
(f) For a wetland located on nonagricultural land,
replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(g) For a wetland located on agricultural land, replacement
must be in the ratio of one acre of replaced wetland for each
acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an
approved replacement plan are subject to the provisions of this
section for any subsequent drainage or filling.
Sec. 9. [103G.223] [CALCAREOUS FENS.]
Calcareous fens, as identified by the commissioner, may not
be filled, drained, or otherwise degraded, wholly or partially,
by any activity, unless the commissioner, under an approved
management plan, decides some alteration is necessary.
Sec. 10. [103G.2241] [EXEMPTIONS.]
Subdivision 1. [EXEMPTIONS.] (a) Subject to the conditions
in paragraph (b), a replacement plan for wetlands is not
required for:
(1) activities in a wetland that was planted with annually
seeded crops, was in a crop rotation seeding of pasture grasses
or legumes, or was required to be set aside to receive price
support or other payments under United States Code, title 7,
sections 1421 to 1469, in six of the last ten years prior to
January 1, 1991;
(2) activities in a wetland that is or has been enrolled in
the federal conservation reserve program under United States
Code, title 16, section 3831, that:
(i) was planted with annually seeded crops, was in a crop
rotation seeding, or was required to be set aside to receive
price support or payment under United States Code, title 7,
sections 1421 to 1469, in six of the last ten years prior to
being enrolled in the program; and
(ii) has not been restored with assistance from a public or
private wetland restoration program.
(3) activities necessary to repair and maintain existing
public or private drainage systems as long as wetlands that have
been in existence for more than 20 years are not drained;
(4) activities in a wetland that has received a commenced
drainage determination provided for by the federal Food Security
Act of 1985, that was made to the county agricultural
stabilization and conservation service office prior to September
19, 1988, and a ruling and any subsequent appeals or reviews
have determined that drainage of the wetland had been commenced
prior to December 23, 1985;
(5) activities exempted from federal regulation under
United States Code, title 33, section 1344(f);
(6) activities authorized under, and conducted in
accordance with, an applicable general permit issued by the
United States Army Corps of Engineers under section 404 of the
federal Clean Water Act, United States Code, title 33, section
1344, except the nationwide permit in Code of Federal
Regulations, title 33, section 330.5, paragraph (a), clause
(14), limited to when a new road crosses a wetland, and all of
clause (26);
(7) activities in a type 1 wetland on agricultural land, as
defined in United States Fish and Wildlife Circular No. 39 (1971
edition) except for bottomland hardwood type 1 wetlands;
(8) activities in a type 2 wetland that is two acres in
size or less located on agricultural land;
(9) activities in a wetland restored for conservation
purposes under a contract or easement providing the landowner
with the right to drain the restored wetland;
(10) activities in a wetland created solely as a result of:
(i) beaver dam construction;
(ii) blockage of culverts through roadways maintained by a
public or private entity;
(iii) actions by public entities that were taken for a
purpose other than creating the wetland; or
(iv) any combination of (i) to (iii);
(11) placement, maintenance, repair, enhancement, or
replacement of utility or utility-type service, including the
transmission, distribution, or furnishing, at wholesale or
retail, of natural or manufactured gas, electricity, telephone,
or radio service or communications if:
(i) the impacts of the proposed project on the hydrologic
and biological characteristics of the wetland have been avoided
and minimized to the extent possible; and
(ii) the proposed project significantly modifies or alters
less than one-half acre of wetlands;
(12) activities associated with routine maintenance of
utility and pipeline rights-of-way, provided the activities do
not result in additional intrusion into the wetland;
(13) alteration of a wetland associated with the operation,
maintenance, or repair of an interstate pipeline;
(14) temporarily crossing or entering a wetland to perform
silvicultural activities, including timber harvest as part of a
forest management activity, so long as the activity limits the
impact on the hydrologic and biologic characteristics of the
wetland; the activities do not result in the construction of
dikes, drainage ditches, tile lines, or buildings; and the
timber harvesting and other silvicultural practices do not
result in the drainage of the wetland or public waters;
(15) permanent access for forest roads across wetlands so
long as the activity limits the impact on the hydrologic and
biologic characteristics of the wetland; the construction
activities do not result in the access becoming a dike, drainage
ditch or tile line; with filling avoided wherever possible; and
there is no drainage of the wetland or public waters;
(16) activities associated with routine maintenance of
existing public highways, roads, streets, and bridges, provided
the activities do not result in additional intrusion into the
wetland and do not result in the draining or filling, wholly or
partially, of a wetland;
(17) emergency repair and normal maintenance and repair of
existing public works, provided the activity does not result in
additional intrusion of the public works into the wetland and do
not result in the draining or filling, wholly or partially, of a
wetland;
(18) normal maintenance and minor repair of structures
causing no additional intrusion of an existing structure into
the wetland, and maintenance and repair of private crossings
that do not result in the draining or filling, wholly or
partially, of a wetland;
(19) duck blinds;
(20) aquaculture activities, except building or altering of
docks and activities involving the draining or filling, wholly
or partially, of a wetland;
(21) wild rice production activities, including necessary
diking and other activities authorized under a permit issued by
the United State Army Corps of Engineers under section 404 of
the federal Clean Water Act, United States Code, title 33,
section 1344;
(22) normal agricultural practices to control pests or
weeds, defined by rule as either noxious or secondary weeds, in
accordance with applicable requirements under state and federal
law, including established best management practices;
(23) activities in a wetland that is on agricultural land
annually enrolled in the federal Food, Agricultural,
Conservation, and Trade Act of 1990, United States Code, title
16, section 3821, subsection (a), clauses (1) to (3), as
amended, and is subject to sections 1421 to 1424 of the federal
act in effect on January 1, 1991, except that land enrolled in a
federal farm program is eligible for easement participation for
those acres not already compensated under a federal program;
(24) development projects and ditch improvement projects in
the state that have received preliminary or final plat approval,
or infrastructure that has been installed, or having local site
plan approval, conditional use permits, or similar official
approval by a governing body or government agency, within five
years before the effective date of this article. In the
seven-county metropolitan area and in cities of the first and
second class, plat approval must be preliminary as approved by
the appropriate governing body.
(b) A person conducting an activity in a wetland under an
exemption in paragraph (a) shall ensure that:
(1) appropriate erosion control measures are taken to
prevent sedimentation of the water;
(2) the activity does not block fish passage in a
watercourse; and
(3) the activity is conducted in compliance with all other
applicable federal, state, and local requirements, including
best management practices and water resource protection
requirements established under chapter 103H.
Sec. 11. [103G.2242] [WETLAND VALUE REPLACEMENT PLANS.]
Subdivision 1. [RULES.] (a) By July 1, 1993, the board, in
consultation with the commissioner, shall adopt rules governing
the approval of wetland value replacement plans under this
section. These rules must address the criteria, procedure,
timing, and location of acceptable replacement of wetland
values; may address the state establishment and administration
of a wetland banking program for public and private projects,
which may include provisions allowing monetary payment to the
wetland banking program for alteration of wetlands on
agricultural land; the methodology to be used in identifying and
evaluating wetland functions; the administrative, monitoring,
and enforcement procedures to be used; and a procedure for the
review and appeal of decisions under this section. In the case
of peatlands, the replacement plan rules must consider the
impact on carbon balance described in the report required by
Laws 1990, chapter 587, and include the planting of trees or
shrubs.
(b) After the adoption of the rules, a replacement plan
must be approved by a resolution of the governing body of the
local government unit, consistent with the provisions of the
rules.
(c) If the local government unit fails to apply the rules,
the government unit is subject to penalty as determined by the
board.
Subd. 2. [EVALUATION.] Questions concerning the public
value, location, size, or type of a wetland shall be submitted
to and determined by a technical evaluation panel after an
on-site inspection. The technical evaluation panel shall be
composed of a technical professional employee of the board, a
technical professional employee of the local soil and water
conservation district or districts, and an engineer for the
local government unit. The panel shall use the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands"
(January 1989). The panel shall provide the wetland
determination to the local government unit that must approve a
replacement plan under this section, and may recommend approval
or denial of the plan. The authority must consider and include
the decision of the technical evaluation panel in their approval
or denial of a plan.
Subd. 3. [REPLACEMENT COMPLETION.] Replacement of wetland
values must be completed prior to or concurrent with the actual
draining or filling of a wetland, or an irrevocable bank letter
of credit or other security acceptable to the local government
unit must be given to the local government unit to guarantee the
successful completion of the replacement.
Subd. 4. [DECISION.] Upon receiving and considering all
required data, the local government unit approving a replacement
plan must act on all applications for plan approval within 60
days.
Subd. 5. [PROCESSING FEE.] The local government unit may
charge a processing fee of up to $75.
Subd. 6. [NOTICE OF APPLICATION.] Within ten days of
receiving an application for approval of a replacement plan
under this section, a copy of the application must be submitted
to the board for publication in the Environmental Quality Board
Monitor and separate copies mailed to individual members of the
public who request a copy, the board of supervisors of the soil
and water conservation district, the managers of the watershed
district, the board of county commissioners, the commissioner of
agriculture, and the mayors of the cities within the area
watershed. At the same time, the local government unit must
give general notice to the public in a general circulation
newspaper within the area affected.
Subd. 7. [NOTICE OF DECISION.] At least 30 days prior to
the effective date of the approval or denial of a replacement
plan under this section, a copy of the approval or denial must
be submitted for publication in the Environmental Quality Board
Monitor and separate copies mailed to the applicant, the board,
individual members of the public who request a copy, the board
of supervisors of the soil and water conservation district, the
managers of the watershed district, the board of county
commissioners, the commissioner of agriculture, and the mayors
of the cities within the area watershed.
Subd. 8. [PUBLIC COMMENT PERIOD.] Before approval or
denial of a replacement plan under this section, comments may be
made by the public to the local government unit for a period of
30 days.
Subd. 9. [APPEAL.] Appeal of the decision may be obtained
by mailing a notice of appeal to the board within 30 days after
the postmarked date of the mailing specified in subdivision 7.
If appeal is not sought within 30 days, the decision becomes
final. Appeal may be made by the wetland owner, by any of those
to whom notice is required to be mailed under subdivision 7, or
by 100 residents of the county in which a majority of the
wetland is located. All appeals must be heard by the committee
for dispute resolution of the board, and a decision made within
60 days of the appeal. The decision must be served by mail on
the parties to the appeal, and is not subject to the provisions
of chapter 14. The decision must be considered the decision of
an agency in a contested case for purposes of judicial review
under sections 14.63 to 14.69.
Subd. 10. [LOCAL REQUIREMENTS.] The rules adopted under
subdivision 1 shall allow for local government units to use
their own notice and public comment procedures so long as the
requirements of this section are satisfied.
Subd. 11. [WETLAND HERITAGE ADVISORY COMMITTEE.] The
governor shall establish a wetland heritage advisory committee
consisting of a balanced diversity of interests including
agriculture, environmental, and sporting organizations, land
development organizations, local government organizations, and
other agencies. The committee must consist of nine members
including the commissioner of agriculture, or a designee of the
commissioner, the commissioner of natural resources, and seven
members appointed by the governor. The governor's appointees
must include one county commissioner, one representative each
from a statewide sporting organization, a statewide conservation
organization, an agricultural commodity group, one faculty
member of an institution of higher education with expertise in
the natural sciences, and one member each from two statewide
farm organizations. The committee shall advise the board on the
development of rules under this section and, after rule
adoption, shall meet twice a year to review implementation of
the program, to identify strengths and weaknesses, and to
recommend changes to the rules and the law to improve the
program.
Subd. 12. [REPLACEMENT CREDITS.] No public or private
wetland restoration, enhancement, or construction may be allowed
for replacement unless specifically designated for replacement
and paid for by the individual or organization performing the
wetland restoration, enhancement, or construction, and is
completed prior to any draining or filling of the wetland.
This subdivision does not apply to a wetland whose owner
has paid back with interest the individual or organization
restoring, enhancing, or constructing the wetland.
Subd. 13. [REPLACEMENT WETLAND ELIGIBLE FOR RIM.] A
wetland replaced under this section, in which the replacement is
located on the wetland owner's land, is eligible for enrollment
under section 103F.515 one year after the completion of
replacement.
Sec. 12. Minnesota Statutes 1990, section 103G.225, is
amended to read:
103G.225 [STATE WETLANDS AND PUBLIC DRAINAGE SYSTEMS.]
If the state owns public waters wetlands on or adjacent to
existing public drainage systems, the state shall consider the
use of the public waters wetlands as part of the drainage
system. If the public waters wetlands interfere with or prevent
the authorized functioning of the public drainage system, the
state shall provide for necessary work to allow proper use and
maintenance of the drainage system while still preserving
the public waters wetlands.
Sec. 13. Minnesota Statutes 1990, section 103G.231, is
amended to read:
103G.231 [PROPERTY OWNER'S USE OF PUBLIC WATERS WETLANDS.]
Subdivision 1. [AGRICULTURAL USE DURING DROUGHT.] A
property owner may use the bed of public waters wetlands for
pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not
constructed; and
(2) the agricultural use does not result in the drainage of
the public waters wetlands.
Subd. 2. [FILLING PUBLIC WATERS WETLANDS FOR IRRIGATION
BOOMS.] A landowner may fill a public waters wetland to
accommodate wheeled booms on irrigation devices if the fill does
not impede normal drainage.
Sec. 14. Minnesota Statutes 1990, section 103G.235, is
amended to read:
103G.235 [RESTRICTIONS ON ACCESS TO PUBLIC WATERS
WETLANDS.]
To protect the public health or safety, local units of
government may by ordinance restrict public access to public
waters wetlands from municipality, county, or township roads
that abut public waters wetlands.
Sec. 15. [103G.2364] [PROPERTY OWNER'S USE OF WETLANDS.]
(a) A property owner may use the bed of wetlands for
pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not
constructed; and
(2) the agricultural use does not result in the drainage of
the wetlands.
(b) A landowner may fill a wetland to accommodate wheeled
booms on irrigation devices if the fill does not impede normal
drainage.
Sec. 16. [103G.2365] [CONTROL OF NOXIOUS WEEDS.]
Noxious weeds, as defined in section 18.171, subdivision 5,
must be controlled on wetlands as required in section 18.191.
Sec. 17. [103G.237] [COMPENSATION FOR LOSS OF PRIVATE
USE.]
Subdivision 1. [GENERAL.] A person whose replacement plan
is not approved must be compensated as provided in this
section. The person may drain or fill the wetland without an
approved replacement plan if the person:
(1) is eligible for compensation under subdivision 2;
(2) applies for compensation in accordance with subdivision
3; and
(3) does not receive the compensation required in
subdivision 4 within 90 days after the application for
compensation is received by the board.
Subd. 2. [ELIGIBILITY.] A person is eligible for
compensation if:
(1) the person applies for replacement plan approval under
section 11;
(2) the replacement plan is not approved or the plan
conditions make the proposed use unworkable or not feasible;
(3) the person appeals the disapproval of the plan;
(4) the proposed use would otherwise be allowed under
federal, state, and local laws, rules, ordinances, and other
legal requirements;
(5) the person has suffered or will suffer damages;
(6) disallowing the proposed use will enhance the public
value of the wetland; and
(7) the person applies to the board for compensation.
Subd. 3. [APPLICATION.] An application for compensation
must be made on forms prescribed by the board and include:
(1) the location and public value of the wetland where the
use was proposed;
(2) a description and reason for the proposed wetland use;
and
(3) the objection to the replacement plan, if any.
Subd. 4. [COMPENSATION.] The board shall award
compensation in an amount equal to 50 percent of the average
equalized estimated market value of agricultural property in the
township as established by the commissioner of revenue at the
time application for compensation is made.
Sec. 18. [103G.2372] [ENFORCEMENT.]
Subdivision 1. [COMMISSIONER OF NATURAL RESOURCES.] The
commissioner of natural resources, conservation officers, and
peace officers shall enforce laws preserving and protecting
wetlands. The commissioner of natural resources, a conservation
officer, or a peace officer may issue a cease and desist order
to stop any illegal activity adversely affecting a wetland. In
the order, or by separate order, the commissioner, conservation
officer, or peace officer may require restoration or replacement
of the wetland, as determined by the local soil and water
conservation district.
Subd. 2. [MISDEMEANOR.] A violation of an order issued
under subdivision 1 is a misdemeanor and must be prosecuted by
the county attorney where the wetland is located or the illegal
activity occurred.
Subd. 3. [RESTITUTION.] The court may, as part of
sentencing, require a person convicted under subdivision 2 to
restore or replace the wetland, as determined by the local soil
and water conservation district.
Sec. 19. Minnesota Statutes 1990, section 645.44,
subdivision 8a, is amended to read:
Subd. 8a. [PUBLIC WATERS.] "Public waters" means public
waters as defined in section 103G.005, subdivision 15, and
includes "public waters wetlands" as defined in section
103G.005, subdivision 18.
Sec. 20. [REGULATORY SIMPLIFICATION REPORT.]
The board of water and soil resources and the commissioner
of the department of natural resources, in consultation with the
appropriate federal agencies, shall jointly develop a plan to
simplify and coordinate state and federal regulatory procedures
related to wetland use and shall report on the plan to the
legislature by January 1, 1992.
Sec. 21. [AVAILABILITY OF NATIONAL WETLANDS INVENTORY
MAPS.]
By February 1, 1993, the commissioner of natural resources
shall file with each soil and water conservation district copies
of the national wetlands inventory maps covering the district
and shall publish notice of the availability of the maps in an
official newspaper of general circulation in each county.
For purposes of this paragraph, "notice" means the
following information in 8-point or larger type:
"NOTICE OF AVAILABILITY OF NATIONAL WETLANDS INVENTORY MAPS
National wetlands inventory maps for (name of county)
county are available from the Minnesota Department of Natural
Resources. The national wetlands inventory maps are for general
informational use only, and should not be relied upon in
determining the exact location or boundaries of wetlands.
Persons wishing to obtain further information regarding the maps
should contact (name, address, and telephone number of regional
contact person at the department) or their local soil and water
conservation district office. WETLANDS ARE SUBJECT TO
REGULATION BY THE STATE AND ACTIVITIES AFFECTING WETLANDS MAY BE
RESTRICTED OR PROHIBITED UNDER RULES TO BE ADOPTED BY THE BOARD
OF WATER AND SOIL RESOURCES AND THE DEPARTMENT OF NATURAL
RESOURCES. Persons wishing to participate in the rulemaking
process should contact (name, address, and telephone number of
contact person at the board) or (name, address, and telephone
number of contact person at the department).
THE NATIONAL WETLANDS INVENTORY MAPS, MAPS PREPARED BY THE
UNITED STATES SOIL CONSERVATION SERVICE, AND OTHER AVAILABLE
MAPS MAY PROVIDE USEFUL INFORMATION, BUT PERSONS PLANNING TO
CONDUCT ACTIVITIES THAT MAY AFFECT WETLANDS SHOULD FIRST CONSULT
THEIR LOCAL SOIL AND WATER CONSERVATION DISTRICT OFFICE."
Sec. 22. [LEGISLATIVE REVIEW OF RULES.]
Before adoption of the rules required in article 2, section
4, and article 6, section 11, and no later than March 1, 1993,
the proposed rules and any public comments on the proposed rules
must be submitted to the agriculture and environment committees
of the legislature. The rules must not be adopted earlier than
60 days after submittal to the legislature under this section.
ARTICLE 7
INTERIM WETLAND ACTIVITIES
Section 1. [103G.2369] [INTERIM.]
Subdivision 1. [DELINEATION.] The "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands" (January
1989) must be used in identifying and delineating wetlands.
Subd. 2. [PROHIBITED ACTIVITIES.] (a) Except as provided
in subdivision 3, until July 1, 1993, a person may not drain,
burn, or fill a wetland.
(b) Except as provided in subdivision 3, until July 1,
1993, a state agency or local unit of government may not issue a
permit for an activity prohibited in paragraph (a) or for an
activity that would include an activity prohibited in paragraph
(a).
Subd. 3. [EXEMPTIONS.] The prohibitions in subdivision 2
do not apply to:
(1) activities exempted under, and conducted in accordance
with, article 6, section 10;
(2) development projects and drainage system improvement
projects that have received preliminary or final plat approval
or for which infrastructure has been installed, or that have
received site plan approval or a conditional use permit, within
five years before the effective date of this section;
(3) activities for which the local soil and water
conservation district or other local permitting authority
certifies that any loss of wetland area resulting from the
activity will be replaced; and
(4) a person who is enrolled or participating in a program
listed in United States Code, title 16, section 3821, subsection
(a), clauses (1) to (3).
Subd. 4. [CERTIFICATION FEE.] A soil and water
conservation district or other local permitting authority may
charge a fee of up to $75 for a certification under subdivision
3, clause (3).
Subd. 5. [ENFORCEMENT.] This section must be enforced as
provided in article 6, section 18.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective January 1, 1992, and is repealed
July 1, 1993.
ARTICLE 8
PEATLAND PROTECTION
Section 1. [84.035] [PEATLAND PROTECTION.]
Subdivision 1. [CITATION.] Sections 1 and 2 may be cited
as the "Minnesota peatland protection act."
Subd. 2. [FINDINGS.] The legislature finds that certain
Minnesota peatlands possess unique scientific, aesthetic,
vegetative, hydrologic, geologic, wildlife, wilderness, and
educational values and represent the various peatland ecological
types in the state. The legislature finds that it is desirable
and appropriate to protect and preserve these patterned
peatlands as a peatland management system through establishment
and designation of certain peatland core areas as scientific and
natural areas.
Subd. 3. [DEFINITIONS.] Unless language or context clearly
indicates that a different meaning is intended, the following
terms, for the purposes of sections 1 and 2, have the meanings
given to them.
(a) "Winter road" means an access route which may be used
by vehicles only when the substrate is frozen, except as
provided in subdivision 5, paragraph (b), clause (3).
(b) "Corridors of disturbance" means rights of way which
are in existence on the effective date of this act, such as
ditches, ditch banks, transmission lines, pipelines, permanent
roads, winter roads, and recreational trails. The existence, on
the effective date of this act, of a corridor of disturbance may
be demonstrated by physical evidence, document recorded in the
office of county recorder or other public official, aerial
survey, or other evidence similar to the above.
(c) "State land" means land owned by the state of Minnesota
and administered by the commissioner.
Subd. 4. [DESIGNATION OF PEATLAND SCIENTIFIC AND NATURAL
AREAS.] Within the peatland areas described in section 2, state
lands are hereby established and designated as scientific and
natural areas to be preserved and managed by the commissioner in
accordance with subdivision 5 and section 86A.05, subdivision 5.
Subd. 5. [ACTIVITIES IN PEATLAND SCIENTIFIC AND NATURAL
AREAS.] Areas designated in subdivision 4 as peatland scientific
and natural areas are subject to the following conditions:
(a) Except as provided in paragraph (b), all restrictions
otherwise applicable to scientific and natural areas designated
under section 86A.05, subdivision 5, apply to the surface use
and to any use of the mineral estate which would significantly
modify or alter the peatland water levels or flows, peatland
water chemistry, plant or animal species or communities, or
other natural features of the peatland scientific and natural
areas, including, but not limited to, the following prohibitions:
(1) construction of any new public drainage systems after
the effective date of this act or improvement or repair to a
public drainage system in existence on the effective date of
this act, under authority of chapter 103E, or any other
alteration of surface water or ground water levels or flows
unless specifically permitted under paragraph (b), clause (5) or
(6);
(2) removal of peat, sand, gravel, or other industrial
minerals;
(3) exploratory boring or other exploration or removal of
oil, natural gas, radioactive materials or metallic minerals
which would significantly modify or alter the peatland water
levels or flows, peatland water chemistry, plant or animal
species or communities, or natural features of the peatland
scientific and natural areas, except in the event of a national
emergency declared by Congress;
(4) commercial timber harvesting;
(5) construction of new corridors of disturbance, of the
kind defined in subdivision 3, after the effective date of this
article; and
(6) ditching, draining, filling, or any other activities
which modify or alter the peatland water levels or flows,
peatland water chemistry, plant or animal species or
communities, or other natural features of the peatland
scientific and natural areas.
(b) The following activities are allowed:
(1) recreational activities, including hunting, fishing,
trapping, cross-country skiing, snowshoeing, nature observation,
or other recreational activities permitted in the management
plan approved by the commissioner;
(2) scientific and educational work and research;
(3) maintenance of corridors of disturbance, including
survey lines and preparation of winter roads, consistent with
protection of the peatland ecosystem;
(4) use of corridors of disturbance unless limited by a
management plan adopted by the commissioner under subdivision 6;
(5) improvements to a public drainage system in existence
on the effective date of this act only when it is for the
protection and maintenance of the ecological integrity of the
peatland scientific and natural area and when included in a
management plan adopted by the commissioner under subdivision 6;
(6) repairs to a public drainage system in existence on the
effective date of this act which crosses a peatland scientific
and natural area and is used for the purposes of providing a
drainage outlet for lands outside of the peatland scientific and
natural area, provided that there are no other feasible and
prudent alternative means of providing the drainage outlet. The
commissioner shall cooperate with the ditch authority in the
determination of any feasible and prudent alternatives. No
repairs which would significantly modify or alter the peatland
water levels or flows, peatland water chemistry, plant or animal
species or communities, or other natural features of the
peatland scientific and natural areas shall be made unless
approved by the commissioner;
(7) motorized uses that are engaged in, on corridors of
disturbance, on or before the effective date of this act;
(8) control of forest insects, disease, and wildfires, as
described in a management plan adopted by the commissioner under
subdivision 6; and
(9) geological and geophysical surveys which would not
significantly modify or alter the peatland water levels or
flows, peatland water chemistry, plant or animal species or
communities, or other natural features of the peatland
scientific and natural areas.
Subd. 6. [MANAGEMENT PLANS.] The commissioner shall
develop a management plan for each peatland scientific and
natural area designated under section 2 in a manner prescribed
by section 86A.09.
Subd. 7. [ESTABLISHING BASELINE ECOLOGICAL DATA.] The
commissioner shall establish baseline data on the ecology and
biological diversity of peatland scientific and natural areas
and provide for ongoing, long-term ecological monitoring to
determine whether changes are occurring in the peatland
scientific and natural areas. This research is intended to
identify any changes occurring in peatland scientific and
natural areas as a result of any permitted activities outside
the peatland scientific and natural areas. This baseline data
may include, but is not limited to, the history of the peatlands
and their geologic origins, plant and animal communities,
hydrology, water chemistry, and contaminants introduced from
remote sources of atmospheric deposition.
Subd. 8. [DITCH ABANDONMENTS.] In order to eliminate
repairs or improvements to any public drainage system that
crosses a peatland scientific and natural area in those
instances where the repair or improvement adversely affects an
area, the commissioner may petition for the abandonment of parts
of the public drainage system under section 106A.811. If the
public drainage system is necessary as a drainage outlet for
lands outside of the peatland scientific and natural area, the
commissioner will cooperate with the ditch authority in the
development of feasible and prudent alternative means of
providing a drainage outlet which avoids the crossing of and
damage to the peatland scientific and natural area. In so
doing, the commissioner shall grant flowage easements to the
ditch authority for disposal of the outlet water on other state
lands. The ditch authority shall approve the abandonment of
parts of any public drainage system crossing a peatland
scientific and natural area if the public drainage system
crossing of those areas is not necessary as a drainage outlet
for lands outside of the areas or if there are feasible and
prudent alternative means of providing a drainage outlet without
crossing such areas. In any abandonment under this subdivision
the commissioner may enter into an agreement with the ditch
authority regarding apportionment of costs and, contingent upon
appropriations of money for that purpose, may agree to pay a
reasonable share of the cost of abandonment.
Subd. 9. [COMPENSATION FOR TRUST FUND LANDS.] The
commissioner shall acquire by exchange or eminent domain the
surface interests, including peat, on trust fund lands contained
in peatland scientific and natural areas established in
subdivision 4.
Subd. 10. [ACQUISITION OF PEATLAND SCIENTIFIC AND NATURAL
AREAS.] The commissioner may acquire by purchase the surface
interests, including peat, of lands within the boundaries of the
peatland areas described in section 2, that are owned, or that
hereafter become owned, by the state and administered by the
local county board.
The commissioner shall designate any land acquired under
this subdivision as peatland scientific and natural area and
preserve and administer any land so acquired and designated in
accordance with subdivision 5 and section 86A.05.
Sec. 2. [84.036] [PEATLAND SCIENTIFIC AND NATURAL AREAS;
DESIGNATION.]
The following scientific and natural areas are established
and are composed of all of the core peatland areas identified on
maps in the 1984 commissioner of natural resources report,
"Recommendations for the Protection of Ecologically Significant
Peatlands in Minnesota" and maps on file at the department of
natural resources:
(1) Red Lake Scientific and Natural Area in Beltrami,
Koochiching, and Lake of the Woods counties;
(2) Myrtle Lake Scientific and Natural Area in Koochiching
county;
(3) Lost River Scientific and Natural Area in Koochiching
county;
(4) North Black River Scientific and Natural Area in
Koochiching county;
(5) Sand Lake Scientific and Natural Area in Lake county;
(6) Mulligan Lake Scientific and Natural Area in Lake of
the Woods county;
(7) Lost Lake Scientific and Natural Area in St. Louis
county;
(8) Pine Creek Scientific and Natural Area in Roseau
county;
(9) Hole in the Bog Scientific and Natural Area in Cass
county;
(10) Wawina Scientific and Natural Area in St. Louis
county;
(11) Nett Lake Scientific and Natural Area in Koochiching
county;
(12) East Rat Root River Scientific and Natural Area in
Koochiching county;
(13) South Black River Scientific and Natural Area in
Koochiching county;
(14) Winter Road Lake Scientific and Natural Area in
Koochiching county;
(15) Sprague Creek Scientific and Natural Area in Roseau
county;
(16) Luxemberg Scientific and Natural Area in Roseau
county;
(17) West Rat Root River Scientific and Natural Area in
Koochiching county; and
(18) Norris Camp Scientific and Natural Area in Lake of the
Woods county.
Sec. 3. Minnesota Statutes 1990, section 103G.231, is
amended by adding a subdivision to read:
Subd. 3. [PEAT MINING.] Peat mining, as defined in section
93.461, is permitted subject to the mine permit and reclamation
requirements of sections 93.44 to 93.51, and the rules adopted
under those restrictions, except as provided for in sections 1
and 2.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment.
ARTICLE 9
SECTION 404 PROGRAM
Section 1. [103G.127] [PERMIT PROGRAM UNDER SECTION 404 OF
THE FEDERAL CLEAN WATER ACT.]
Notwithstanding any other law to the contrary, the
commissioner may adopt rules establishing a permit program for
regulating the discharge of dredged and fill material into the
waters of the state as necessary to obtain approval from the
United States Environmental Protection Agency to administer the
permit program under section 404 of the federal Clean Water Act,
United States Code, title 33, section 1344. The rules may not
be more restrictive than the program under section 404, or state
law, if it is more restrictive than the federal program.
Sec. 2. Minnesota Statutes 1990, section 103G.141, is
amended to read:
103G.141 [PENALTIES.]
Subdivision 1. [MISDEMEANORS.] Except as provided in
subdivision 2, a person is guilty of a misdemeanor who:
(1) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state without previously
obtaining a permit from the commissioner, regardless of whether
the commissioner would have granted a permit had an application
been filed;
(2) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state in violation of or in
excess of authority granted under a permit issued by the
commissioner, regardless of whether an application had been
filed for permission to perform the act involved or whether the
act involved would have been permitted had a proper application
been filed;
(3) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state after a permit to
undertake the project has been denied by the commissioner; or
(4) violates a provision of this chapter.
Subd. 2. [VIOLATION OF SECTION 404 PERMITS.] (a) Whenever
the commissioner finds that a person is in violation of a
condition or limitation set forth in a permit issued under the
rules adopted by the commissioner under section 1, the
commissioner shall issue an order requiring the person to comply
with the condition or limitation, or the commissioner shall
bring a civil action in accordance with paragraph (b).
(b) The commissioner may commence a civil action for
appropriate relief in district court, including a permanent or
temporary injunction, for a violation for which the commissioner
is authorized to issue a compliance order under paragraph (a).
The court may restrain the violation and require compliance.
(c) A person who violates a condition or limitation in a
permit issued by the commissioner under section 1, and a person
who violates an order issued by the commissioner under paragraph
(a), is subject to a civil penalty not to exceed $25,000 per day
for each violation. In determining the amount of a civil
penalty the court shall consider the seriousness of the
violation or violations, the economic benefit, if any, resulting
from the violation, any history of violations, any good faith
efforts to comply with the applicable requirements, the economic
impact of the penalty on the violator, and other matters justice
may require.
Sec. 3. [SECTION 404 PROGRAM SUBMISSION.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"section 404 program" means the permit program under section 404
of the federal Clean Water Act, United States Code, title 33,
section 1344.
Subd. 2. [INTENT.] The legislature intends that as
expeditiously as possible the state obtain approval from the
administrator of the United States Environmental Protection
Agency to administer the section 404 program in this state.
Subd. 3. [REQUIREMENTS.] (a) By February 1, 1993, the
commissioner of natural resources shall:
(1) adopt rules under section 1 that provide adequate
authority for administering the section 404 program; and
(2) after consulting with the attorney general, report to
the environment and natural resources committees of the
legislature on existing laws that are inconsistent with the
authority necessary for administering the section 404 program.
(b) By March 1, 1993, the governor shall make the
submission to the administrator of the United States
Environmental Protection Agency required in United States Code,
title 33, section 1344(g), to obtain authority to administer the
section 404 program.
ARTICLE 10
MISCELLANEOUS
Section 1. Minnesota Statutes 1990, section 84.085, is
amended to read:
84.085 [ACCEPTANCE OF GIFTS.]
Subdivision 1. [AUTHORITY.] (a) The commissioner of
natural resources may accept for and on behalf of the state any
gift, bequest, device devise, or grants of lands or interest in
lands or personal property of any kind or of money tendered to
the state for any purpose pertaining to the activities of the
department or any of its divisions. Any money so received is
hereby appropriated and dedicated for the purpose for which it
is granted. Lands and interests in lands so received may be
sold or exchanged as provided in chapter 94.
(b) The commissioner may accept for and on behalf of the
permanent school fund a donation of lands, interest in lands, or
improvements on lands. A donation so received shall become
state property, be classified as school trust land as defined in
section 92.025, and be managed consistent with section 120.85.
Subd. 2. [WETLANDS.] The commissioner of natural resources
must accept a gift, bequest, devise, or grant of wetlands, as
defined in article 6, section 6, or public waters wetlands, as
defined in section 103G.005, subdivision 18, unless:
(1) the commissioner determines that the value of the
wetland for water quality, floodwater retention, public
recreation, wildlife habitat, or other public benefits is
minimal;
(2) the wetland has been degraded by activities conducted
without a required permit by the person offering the wetland and
the person has not taken actions determined by the commissioner
to be necessary to restore the wetland;
(3) the commissioner determines that the wetland has been
contaminated by a hazardous substance as defined in section
115B.02, subdivision 8, a pollutant or contaminant as defined in
section 115B.02, subdivision 13, or petroleum as defined in
section 115C.02, subdivision 10, and the contamination has not
been remedied as required under chapter 115B or 115C;
(4) the wetland is subject to a lien or other encumbrance;
or
(5) the commissioner, after reasonable effort, has been
unable to obtain an access to the wetland.
Sec. 2. Minnesota Statutes 1990, section 103E.701, is
amended by adding a subdivision to read:
Subd. 6. [WETLAND RESTORATION AND MITIGATION.] Repair of a
drainage system may include the restoration or enhancement of
wetlands; wetland replacement under section 103G.222; and the
realignment of a drainage system to prevent drainage of a
wetland.
Sec. 3. Minnesota Statutes 1990, section 103F.515,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
conservation reserve program if the land meets the requirements
of paragraphs (b) and (c).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either
beneficial to resource protection or necessary for efficient
recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak would be beneficial to
resource protection;
(5) is land in a sensitive groundwater area;
(6) is cropland adjacent to public waters;
(7) is cropland or noncropland adjacent to restored
wetlands to the extent of up to four acres of cropland or one
acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land,
provided that funds are not used for compensation of the value
of the buildings; or
(10) is land on a hillside used for pasture.
(c) Eligible land under paragraph (a) must:
(1) have been owned by the landowner on January 1, 1985, or
be owned by the landowner, or a parent or other blood relative
of the landowner, for at least one year before the date of
application;
(2) be at least five acres in size, except for a windbreak,
woodlot, or abandoned building site, or be a whole field as
defined by the United States Agricultural Stabilization and
Conservation Services;
(3) not be set aside, enrolled or diverted under another
federal or state government program; and
(4) have been in agricultural crop production for at least
two years during the period 1981 to 1985 except drained
wetlands, woodlots, abandoned building sites, or land on a
hillside used for pasture.
(d) The enrolled land of a landowner may not exceed 20
percent of the average farm size in the county where the land is
being enrolled according to the average farm size determined by
the United States Department of Agriculture, Census of
Agriculture.
(e) In selecting drained wetlands for enrollment in the
program, the highest priority must be given to wetlands with a
cropping history during the period 1976 to 1985.
(f) In selecting land for enrollment in the program,
highest priority must be given to permanent easements that are
consistent with the purposes stated in section 103F.505.
Sec. 4. Minnesota Statutes 1990, section 103G.005,
subdivision 13a, is amended to read:
Subd. 13a. [ONCE-THROUGH SYSTEM.] "Once-through system"
means a space heating, ventilating, air conditioning (HVAC), or
refrigeration system used for any type of temperature or
humidity control application, utilizing groundwater, that
circulates through the system and is then discharged without
recirculating the majority of the water in the system components
or reusing it for another a higher priority purpose.
Sec. 5. Minnesota Statutes 1990, section 103G.271,
subdivision 6, is amended to read:
Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
described in paragraphs (b) to (e) (f), a water use permit
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) 0.05 cents per 1,000 gallons for the first 50,000,000
gallons per year;
(2) 0.10 cents per 1,000 gallons for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per year;
(3) 0.15 cents per 1,000 gallons for amounts greater than
100,000,000 gallons but less than 150,000,000 gallons per year;
and
(4) 0.20 cents per 1,000 gallons for amounts greater than
150,000,000 gallons but less than 200,000,000 gallons per year;
(5) 0.25 cents per 1,000 gallons for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;
(6) 0.30 cents per 1,000 gallons for amounts greater than
250,000,000 gallons but less than 300,000,000 gallons per year;
(7) 0.35 cents per 1,000 gallons for amounts greater than
300,000,000 gallons but less than 350,000,000 gallons per year;
(8) 0.40 cents per 1,000 gallons for amounts greater than
350,000,000 gallons but less than 400,000,000 gallons per year;
and
(9) 0.45 cents per 1,000 gallons for amounts greater than
400,000,000 gallons per year.
(b) For once-through cooling systems, a water use
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) for nonprofit corporations and school districts:
(i) 5.0 cents per 1,000 gallons until December 31, 1991;
(ii) 10.0 cents per 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(iii) 15.0 cents per 1,000 gallons after January 1, 1997;
and
(2) for all other users after January 1, 1990, 20 cents per
1,000 gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and in no case may, except as
provided in paragraph (f), the minimum fee be less than is $50.
The commissioner shall notify all permittees of the fee changes
authorized by this law by July 1, 1990. The commissioner is
authorized to refund 1989 water use report processing fees under
this subdivision.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$175,000 per year;
(2) the fee for other entities for any permitted use may
not exceed:
(i) $35,000 per year for an entity holding three or fewer
permits;
(ii) $50,000 per year for an entity holding four or five
permits;
(iii) $175,000 per year for an entity holding more than
five permits;
(3) the fee for agricultural irrigation may not exceed $750
per year.
(e) Failure to pay the fee is sufficient cause for revoking
a permit. A penalty of two percent per month calculated from
the original due date must be imposed on the unpaid balance of
fees remaining 30 days after the sending of a second notice of
fees due. A fee may not be imposed on an agency, as defined in
section 16B.01, subdivision 2, or federal governmental agency
holding a water appropriation permit.
(f) The minimum water use processing fee for a permit
issued for irrigation of agricultural land is $10 for years in
which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1.
(g) For once-through systems fees payable after July 1,
1993, at least 50 percent of the fee deposited in the general
fund shall be used for grants, loans, or other financial
assistance as appropriated by the legislature to assist in
financing retrofitting of permitted once-through systems until
December 31, 1999. The commissioner shall adopt rules for
determining eligibility and criteria for the issuance of grants,
loans, or other financial assistance for retrofitting according
to chapter 14, by July 1, 1993.
(g) This subdivision applies to permits issued or effective
on or after January 1, 1990.
Sec. 6. [103G.2373] [ANNUAL WETLANDS REPORT.]
By January 1 of each year, the commissioner of natural
resources and the board of water and soil resources shall
jointly report to the committees of the legislature with
jurisdiction over matters relating to agriculture, the
environment, and natural resources on:
(1) the status of implementation of state laws and programs
relating to wetlands;
(2) the quantity, quality, acreage, types, and public value
of wetlands in the state; and
(3) changes in the items in clause (2).
Sec. 7. Minnesota Statutes 1990, section 273.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Except as provided in
subdivisions 6, 8, and 9, and 11 or section 273.17, subdivision
1, all property shall be valued at its market value. The market
value as determined pursuant to this section shall be stated
such that any amount under $100 is rounded up to $100 and any
amount exceeding $100 shall be rounded to the nearest $100. In
estimating and determining such value, the assessor shall not
adopt a lower or different standard of value because the same is
to serve as a basis of taxation, nor shall the assessor adopt as
a criterion of value the price for which such property would
sell at a forced sale, or in the aggregate with all the property
in the town or district; but the assessor shall value each
article or description of property by itself, and at such sum or
price as the assessor believes the same to be fairly worth in
money. The assessor shall take into account the effect on the
market value of property of environmental factors in the
vicinity of the property. In assessing any tract or lot of real
property, the value of the land, exclusive of structures and
improvements, shall be determined, and also the value of all
structures and improvements thereon, and the aggregate value of
the property, including all structures and improvements,
excluding the value of crops growing upon cultivated land. In
valuing real property upon which there is a mine or quarry, it
shall be valued at such price as such property, including the
mine or quarry, would sell for a fair, voluntary sale, for
cash. In valuing real property which is vacant, the fact that
such property is platted shall not be taken into account. An
individual lot of such platted property shall not be assessed in
excess of the valuation of the land as if it were unplatted
until the lot is improved with a permanent improvement all or a
portion of which is located upon the lot, or for a period of
three years after final approval of said plat whichever is
shorter. When a lot is sold or construction begun, that lot or
any single contiguous lot fronting on the same street shall be
eligible for revaluation. All property, or the use thereof,
which is taxable under section 272.01, subdivision 2, or 273.19,
shall be valued at the market value of such property and not at
the value of a leasehold estate in such property, or at some
lesser value than its market value.
Sec. 8. Minnesota Statutes 1990, section 273.11, is
amended by adding a subdivision to read:
Subd. 11. [VALUATION OF RESTORED OR PRESERVED
WETLAND.] Wetlands restored by the federal, state, or local
government, or by a nonprofit organization, or preserved under
the terms of a temporary or perpetual easement by the federal or
state government, must be valued by assessors at their wetland
value. "Wetland value" in this subdivision means the market
value of wetlands in any potential use in which the wetland
character is not permanently altered. Wetland value shall not
reflect potential uses of the wetland that would violate the
terms of any existing conservation easement, or any one-time
payment received by the wetland owner under the terms of a state
or federal conservation easement. Wetland value shall reflect
any potential income consistent with a property's wetland
character, including but not limited to lease payments for
hunting or other recreational uses. The commissioner of revenue
shall issue a bulletin advising assessors of the provisions of
this section by October 1, 1991.
For purposes of this subdivision, "wetlands" means lands
transitional between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is
covered by shallow water. For purposes of this definition,
wetlands must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a prevalence
of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(3) under normal circumstances support a prevalence of such
vegetation.
Sec. 9. Minnesota Statutes 1990, section 282.018,
subdivision 2, is amended to read:
Subd. 2. [MARGINAL LAND AND WETLANDS.] Nonforested
marginal land and wetlands on land that is property of the state
as a result of forfeiture to the state for nonpayment of taxes
is withdrawn from sale as provided in section 103F.535 unless
restricted by a conservation easement as provided in section
103F.535:
(1) notice of the existence of the nonforested marginal
land or wetlands, in a form prescribed by the board of water and
soil resources, is provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form
prescribed by the board of water and soil resources, that
precludes enrollment of the land in a state-funded program
providing compensation for conservation of marginal land or
wetlands.
Sec. 10. Minnesota Statutes 1990, section 446A.12,
subdivision 1, is amended to read:
Subdivision 1. [BONDING AUTHORITY.] The authority may
issue negotiable bonds in a principal amount that the authority
determines necessary to provide sufficient funds for achieving
its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority,
the establishment of reserves to secure its bonds, the payment
of fees to a third party providing credit enhancement, and the
payment of all other expenditures of the authority incident to
and necessary or convenient to carry out its corporate purposes
and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other
form authorized by law. The principal amount of bonds issued
and outstanding under this section at any time may not exceed
$150,000,000 $250,000,000.
Sec. 11. [STUDY OF FARMLAND VALUATION.]
(a) The commissioner of revenue shall appoint a five-member
farmland assessment technical advisory board, consisting of
technical experts from the schools of agriculture of the
University of Minnesota and the state university system and from
state and federal agricultural agencies, to advise in and
provide technical information regarding the method of valuing
farmland according to productivity factors as described in this
section. The department of revenue shall determine the
following data on a per acre basis by soil productivity index,
based on moving averages for the most recent five-year period
for which statistics are available:
(1) gross income, estimated by using yields per acre as
assigned to soil productivity indices, the crop mix for each
soil productivity index as determined by the Minnesota extension
service, and average prices received by farmers for principal
crops as published by the Minnesota crop reporting service;
(2) production costs, other than land costs, provided by
the Minnesota extension service; and
(3) net return to land, which is the difference between
clauses (1) and (2).
(b) The department of revenue shall certify a proposed
agricultural economic value per acre for each soil productivity
index, determined by dividing the net return to land as
calculated in paragraph (a), clause (3), by the moving average
of the federal land bank farmland mortgage interest rate for the
same five-year period used in calculating the net return to land.
(c) If the crop equivalency rating is not available in a
county, the department of revenue shall use rentals or yield
records of the United States Department of Agriculture
Agricultural Stabilization and Conservation Service in
determining the net income. The rentals or yield records must
be capitalized in the same manner to determine the valuation of
the tillable agricultural land. The commissioner shall provide
a report to the legislature on the results of the study by
December 1, 1991, that includes a plan for implementation of
this method of valuing farmland and an analysis of the impacts
on assessments of implementing it.
Sec. 12. [REPEALER.]
Minnesota Statutes 1990, section 103G.221, subdivisions 2
and 3, are repealed.
ARTICLE 11
APPROPRIATIONS
Section 1. [APPROPRIATIONS; INCREASED COMPLEMENT.]
Subdivision 1. $12,000,000 is appropriated from the bond
proceeds fund to be divided as follows:
(a) $5,000,000 is appropriated to the board of water and
soil resources for wetland restoration under Minnesota Statutes,
section 103F.515; and
(b) $7,000,000 is appropriated to the board of water and
soil resources for acquisition of conservation easements on
wetlands.
Subd. 2. $1,900,000 in fiscal year 1992 and $1,100,000 in
fiscal year 1993 is appropriated from the general fund to be
divided as follows:
(a) Board of water and soil resources for the following
purposes:
(1) $297,500 in fiscal year 1992 and $425,000 in fiscal
year 1993 for implementation of this act. The complement of the
board is increased by 12 positions.
(2) $100,000 in fiscal year 1992 and $100,000 in fiscal
year 1993 for grants to the Minnesota association of soil and
water conservation districts for education and training of local
government officials relating to the implementation of this
act. Not more than five percent of a grant made under this
section may be used for administrative expenses.
(3) $1,100,000 for fiscal year 1992 for wetland restoration
under Minnesota Statutes, section 103F.515.
(b) $402,500 in fiscal year 1992 and $575,000 in fiscal
year 1993 to the commissioner of natural resources for
implementation of this act. The complement of the department of
natural resources is increased by nine in fiscal year 1992 and
by an additional five in fiscal year 1993.
(c) $77,000 in fiscal year 1992 and $77,000 in fiscal year
1993 to the attorney general for costs incurred under this act.
(d) The appropriations under this subdivision are available
in either year of the biennium.
Sec. 2. [SALE OF BONDS.]
Subdivision 1. (a) To provide the money appropriated from
the bond proceeds fund in 1991 S.F. No. 1533, the commissioner
of finance on request of the governor shall sell and issue bonds
of the state in an amount up to $16,000,000 in the manner, upon
the terms, and with the effect prescribed by Minnesota Statutes,
sections 16A.631 to 16A.675, and by the Minnesota Constitution,
article XI.
(b) To provide the money appropriated from the bond
proceeds fund in this act, the commissioner of finance on
request of the governor shall sell and issue bonds of the state
in an amount up to $12,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections
16A.631 to 16A.675, and by the Minnesota Constitution, article
XI.
Subd. 2. [EXISTING BONDING AUTHORITY.] Existing funds
previously appropriated from the bond proceeds fund for the
waterbank program under Minnesota Statutes, section 105.392 are
transferred and appropriated to the board of water and soil
resources for easements under article 3, section 1.
Sec. 3. [EFFECTIVE DATE.]
This article is effective July 1, 1991.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 8:31 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes