Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 160-H.F.No. 128
An act relating to water; mandating requirements on
certain development; amending Minnesota Statutes 1990,
section 103B.3363, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 103B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 103B.3363,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 103B.3363 and to 103B.3369.
Sec. 2. [103B.3365] [WATER RETENTION.]
Subdivision 1. [IMPERVIOUS SURFACE OVER ONE ACRE.] New
development that covers or replaces surface vegetation with an
impervious surface of one acre or more may not take place
without water retention devices or areas being required for the
development site by the local unit of government.
Subd. 2. [EXEMPTIONS.] Linear projects such as sidewalks,
paths, trails, and the reconstruction, repair, reconditioning,
or resurfacing of existing roads or impervious surfaces are
exempt from this section.
Subd. 3. [APPLICATION.] This section does not preclude a
local unit of government from imposing more stringent
requirements authorized by law on the development site.
Subd. 4. [LOCAL WATER PLANS.] Each water management plan
required by sections 103B.201 to 103B.355 must specify controls
that utilize the best available technology to minimize off-site
stormwater runoff, maximize overland flow and flow distances
over surfaces covered with vegetation, increase on-site
infiltration, replicate predevelopment hydrologic conditions as
nearly as possible, minimize off-site discharge of pollutants to
ground and surface water, encourage natural filtration
functions, and reduce mosquito breeding habitat.
Subd. 5. [GUIDELINES.] By January 1, 1992, the board of
water and soil resources must develop guidelines to assist local
units of government in implementing subdivision 1.
Sec. 3. [EFFECTIVE DATE.]
This act is effective January 1, 1992.
Presented to the governor May 20, 1991
Signed by the governor May 23, 1991, 7:12 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes