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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 218-H.F.No. 1101 
                  An act relating to water; making miscellaneous 
                  technical corrections to water law; delegation of 
                  permit authority; minimal impact permits; removal of 
                  hazardous dams; requiring the commissioner of natural 
                  resources to issue a permit authorizing Hennepin 
                  county to construct a seawall on Lake Minnetonka; 
                  amending Minnesota Statutes 1994, sections 103F.215, 
                  subdivision 1; 103F.221, subdivision 1; 103G.005, 
                  subdivision 14; 103G.105; 103G.111, subdivision 1; 
                  103G.121, subdivision 1; 103G.135; 103G.245, 
                  subdivisions 3 and 5; 103G.271, subdivision 2; 
                  103G.275, subdivision 1; 103G.295, subdivision 4; 
                  103G.301, subdivision 2; 103G.315, subdivisions 12 and 
                  15; 103G.511, subdivision 12; 103G.515, by adding a 
                  subdivision; and 103G.611, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 103F.215, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY ORDINANCE FAILING TO MEET 
        STANDARDS.] The commissioner shall adapt the model ordinance to 
        a county if, after notice and hearing as provided in section 
        103G.311, the commissioner finds that a county has failed to 
        adopt a shoreland conservation ordinance or that a county has 
        adopted a shoreland conservation ordinance that fails to meet 
        the minimum standards established under section 103F.211.  
           Sec. 2.  Minnesota Statutes 1994, section 103F.221, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER'S REVIEW OF ORDINANCES.] (a) 
        A municipality having shoreland within its corporate boundaries 
        must submit ordinances or rules affecting the use and 
        development of its shorelands to the commissioner for review.  
        The commissioner must review the ordinances or rules and:  
           (1) determine whether the rules and ordinances are in 
        substantial compliance with municipal shoreland management 
        standards and criteria under subdivision 3 section 103F.211; and 
           (2) consider any feature unique to the municipal shoreland 
        in question, including the characteristics of the waters that 
        may be affected by development, storm sewer facilities, and 
        sanitary and waste disposal facilities in existence at the time 
        of the commissioner's review.  
           (b) If the commissioner determines that the ordinances or 
        rules of a municipality do not substantially comply with the 
        state standards and criteria for municipal shoreland management, 
        the commissioner must notify the municipality.  The notice must 
        state the changes that are necessary to bring the ordinances or 
        rules into substantial compliance with the standards and 
        criteria.  By one year after receiving the notice from the 
        commissioner, the municipality must make changes necessary to 
        bring the ordinances or rules into substantial compliance with 
        state standards and criteria.  
           Sec. 3.  Minnesota Statutes 1994, section 103G.005, 
        subdivision 14, is amended to read: 
           Subd. 14.  [ORDINARY HIGH WATER LEVEL.] "Ordinary high 
        water level" means the boundary of waterbasins, watercourses, 
        public waters, and public waters wetlands, and: 
           (1) the ordinary high water level is an elevation 
        delineating the highest water level that has been maintained for 
        a sufficient period of time to leave evidence upon the 
        landscape, commonly the point where the natural vegetation 
        changes from predominantly aquatic to predominantly terrestrial; 
           (2) for watercourses, the ordinary high water level is the 
        elevation of the top of the bank of the channel; and 
           (3) for reservoirs and flowages, the ordinary high water 
        level is the operating elevation of the normal summer pool.  
           Sec. 4.  Minnesota Statutes 1994, section 103G.105, is 
        amended to read: 
           103G.105 [COOPERATION WITH OTHER AGENCIES.] 
           Subdivision 1.  [COMMISSIONER MAY COOPERATE WITH OTHER 
        STATES AND FEDERAL GOVERNMENT.] The commissioner may cooperate 
        and enter into agreements with the United States government, a 
        state department, or a state or country adjacent to this state 
        to implement this chapter chapters 103F and 103G.  The 
        commissioner may cooperate with departments of the government of 
        the United States in the execution of surveys within the state.  
           Subd. 2.  [STATE AND LOCAL OFFICIALS MUST COOPERATE IN 
        ENFORCEMENT.] Personnel of the pollution control agency, the 
        health department, and county and municipal governments must 
        cooperate with the commissioner in monitoring and enforcing 
        water permits.  County attorneys, sheriffs, and other peace 
        officers and other officers having enforcement authority must 
        take all action to the extent of their authority, respectively, 
        that may be necessary or proper for the enforcement of the 
        provisions, rules, standards, orders, or permits specified in 
        this chapter chapters 103F and 103G.  
           Sec. 5.  Minnesota Statutes 1994, section 103G.111, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER TO APPEAR IN FEDERAL WATER 
        ISSUES.] The commissioner may appear, represent, and act for the 
        state in any matter relating to an application to be made to the 
        federal government relating to waters of the state or their use 
        and may act in a manner to protect the interests of the people 
        of the state consistent with this chapter chapters 103F and 103G.
           Sec. 6.  Minnesota Statutes 1994, section 103G.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SURVEYS AND INVESTIGATIONS.] (a) The 
        commissioner may conduct surveys, investigations, and studies, 
        and prepare maps of the waters of the state and topography of 
        the state to implement this chapter.  
           (b) Under the direction of the commissioner, the director 
        shall be responsible for providing the surveys and engineering 
        investigations required by this chapter.  
           Sec. 7.  Minnesota Statutes 1994, section 103G.135, is 
        amended to read: 
           103G.135 [ENFORCEMENT OF COMMISSIONER'S ORDERS.] 
           Upon application of the commissioner, the district court of 
        a county where a project is entirely or partially located may by 
        injunction enforce compliance with, or restrain the violation 
        of, an order of the commissioner made under this chapter chapter 
        103F or 103G, or restrain the violation of this chapter chapter 
        103F or 103G.  
           Sec. 8.  Minnesota Statutes 1994, section 103G.245, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERMIT APPLICATION.] Application for a public 
        waters work permit must be in writing to the commissioner on 
        forms prescribed by the commissioner.  The commissioner may 
        issue a state general permit to a governmental subdivision for 
        classes of activities having minimal impact upon public waters 
        under which more than one project may be conducted under a 
        single permit. 
           Sec. 9.  Minnesota Statutes 1994, section 103G.245, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DELEGATION OF PERMIT AUTHORITY TO LOCAL UNITS OF 
        GOVERNMENT.] The commissioner may adopt rules to identify 
        classes of activities in waterbasins and classes of watercourses 
        where the commissioner may delegate public waters work permit 
        authority to the appropriate county or municipality or to 
        watershed districts or watershed management organizations that 
        have elected to assert local authority over protected waters.  
        The public waters work permit authority must be delegated under 
        guidelines of the commissioner and the delegation must be done 
        by agreement with the involved county or, municipality, 
        watershed district, or water management organization and in 
        compliance with section 103G.315.  
           Sec. 10.  Minnesota Statutes 1994, section 103G.271, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMITS MUST BE CONSISTENT WITH STATE AND LOCAL 
        PLANS.] A water use permit may not be issued under this section 
        unless it is consistent with state, regional, and local water 
        and related land resources management plans if the regional and 
        local plans are consistent with statewide plans.  
           Sec. 11.  Minnesota Statutes 1994, section 103G.275, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMIT REQUIRED.] The owner of an 
        installation for appropriating or using waters of the state may 
        not increase the pumping capacity or make any major change in 
        the installation without a water use permit first applying in 
        writing for, and obtaining, the written permit of the 
        commissioner.  
           Sec. 12.  Minnesota Statutes 1994, section 103G.295, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CLASS B PERMIT REQUIREMENTS.] (a) Class B 
        groundwater water use permit applications are not complete until 
        the applicant has supplied: 
           (1) a summary of the anticipated well depth and subsurface 
        geologic formation expected to be penetrated by the well, 
        including for glacial drift aquifers, the logs of test holes 
        drilled to locate the site of the proposed production well; 
           (2) the formation and aquifer expected to serve as the 
        groundwater source; 
           (3) the maximum daily, seasonal, and annual pumpage 
        expected; 
           (4) the anticipated groundwater quality in terms of the 
        measures of quality commonly specified for the proposed water 
        use; 
           (5) the results of a pumping test supervised by the 
        commissioner or a designee of the commissioner, conducted at a 
        rate not to exceed the proposed pumping rate for not more than 
        72 continuous hours for wells under water table conditions and 
        not more than 24 continuous hours for wells under artesian 
        conditions; and 
           (6) when the area of influence of the proposed well is 
        determined, the location of existing wells within the area of 
        influence that were reported according to section 103I.205, 
        subdivision 9, together with readily available facts on depths, 
        geologic formations, pumping and nonpumping water levels, and 
        details of well construction as related to the water well 
        construction code. 
           (b) The commissioner may in any specific application waive 
        any requirements of paragraph (a), clauses (4) to (6), or (c) if 
        the necessary data are already available. 
           (c) Before, during, and after the pumping test required in 
        paragraph (a), clause (5), the commissioner shall require 
        monitoring of water levels in one observation well located at a 
        distance from the pumping well that the commissioner has reason 
        to believe may be affected by the new appropriation.  The permit 
        applicant is responsible for costs of the pumping tests and 
        monitoring in the observation well.  The applicant is 
        responsible for the construction of one observation well if 
        suitable existing wells cannot be located for this purpose.  If 
        the commissioner determines that more than one observation well 
        is needed, the commissioner shall instruct the applicant to 
        install and monitor more observation wells.  The commissioner 
        shall reimburse the applicant for these added costs.  
           Sec. 13.  Minnesota Statutes 1994, section 103G.301, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
        a permit authorized under this chapter, and each request to 
        amend or transfer an existing permit, must be accompanied by a 
        permit application fee to defray the costs of receiving, 
        recording, and processing the application or request to amend or 
        transfer.  
           (b) The application fee for a permit to appropriate water, 
        a permit to construct or repair a dam that is subject to dam 
        safety inspection, a state general permit, or to apply for the 
        state water bank program is $75.  The application fee for a 
        permit to work in public waters or to divert waters for mining 
        must be at least $75, but not more than $500, in accordance with 
        a schedule of fees adopted under section 16A.128.  
           Sec. 14.  Minnesota Statutes 1994, section 103G.315, 
        subdivision 12, is amended to read: 
           Subd. 12.  [PERMIT NOT ISSUED UNTIL FEES ARE PAID.] Except 
        for field inspection fees related to monitoring, the 
        commissioner may not issue a permit until all fees required by 
        this section 103G.301 relating to the issuance of a permit have 
        been paid.  The time limits prescribed by section 103G.305, 
        subdivision 1, do not apply to an application for which the 
        appropriate fee has not been paid.  Field inspection fees 
        relating to monitoring of an activity authorized by a permit may 
        be charged and collected as necessary at any time after the 
        issuance of the permit.  
           Sec. 15.  Minnesota Statutes 1994, section 103G.315, 
        subdivision 15, is amended to read: 
           Subd. 15.  [RULES FOR ISSUANCE AND DENIAL OF PERMITS.] The 
        commissioner shall adopt rules prescribing standards and 
        criteria for issuing and denying water use permits, and public 
        waters work permits, and water level control permits issued 
        under section 103G.405.  
           Sec. 16.  Minnesota Statutes 1994, section 103G.511, 
        subdivision 12, is amended to read: 
           Subd. 12.  [PRIORITY LIST OF DAMS NEEDING REPAIR.] After 
        reviewing examinations of dams owned by the state and political 
        subdivisions, the commissioner shall prioritize the state and 
        political subdivision dams in need of repair or, reconstruction, 
        or removal and report annually by June 1 of each odd-numbered 
        year to the legislature.  The commissioner must prioritize 
        projects considering danger to life, damage to property, and the 
        factors listed in subdivision 6.  
           Sec. 17.  Minnesota Statutes 1994, section 103G.515, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REMOVAL OF HAZARDOUS DAMS.] Notwithstanding any 
        provision of this section or of section 103G.511 relating to 
        cost sharing or apportionment, the commissioner, within the 
        limits of legislative appropriation, may assume or pay the 
        entire cost of removal of a privately or publicly owned dam upon 
        determining that continued existence of the structure presents a 
        significant public safety hazard, or prevents restoration of an 
        important fisheries resource, or that public or private property 
        is being damaged due to partial failure of the structure, and 
        that an attempt to assess costs of removal against the private 
        or public owner would be of no avail. 
           Sec. 18.  Minnesota Statutes 1994, section 103G.611, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PUBLICATION OF NOTICE.] Advance public notice of 
        the commencement of any aeration system, authorized by a water 
        aeration permit from the commissioner during periods of ice 
        cover on public waters, must be given by the permittee.  Minimum 
        notice consists of publication of the location and date of 
        commencement of the aeration system in a newspaper of general 
        circulation in the area where the system is proposed to be 
        operated at least two times between five and 60 days before 
        aeration is started.  
           Sec. 19.  [CONSTRUCTION OF SEAWALL BY HENNEPIN COUNTY ON 
        LAKE MINNETONKA.] 
           Notwithstanding Minnesota Statutes, section 103G.245, 
        subdivision 1, the commissioner of natural resources shall issue 
        a public waters work permit authorizing Hennepin county to 
        construct a new seawall at the site of the county's water patrol 
        building located at Spring Park Bay on Lake Minnetonka, provided 
        that the new seawall may not extend more than 15 feet further 
        into the lake than the existing seawall. 
           Sec. 20.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 22, 1995 
           Signed by the governor May 24, 1995, 10:16 a.m.