1.1 	A bill for an act
1.2 	relating to natural resources; modifying provisions relating to permits for aquatic 
1.3 	plants; amending Minnesota Statutes 2004, section 103G.615, subdivision 3, 
1.4 	by adding subdivisions.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 103G.615, subdivision 3, is amended to 
1.7 	read:
1.8 		Subd. 3.Permit standards. (a) The commissioner shall~~, by rule,~~ prescribe standards 
1.9 	to issue and deny permits under this section. The standards must ensure that aquatic plant 
1.10 	control is consistent with shoreland conservation ordinances, lake management plans and 
1.11 	programs, and wild and scenic river plans.
1.12 	(b) On all public waters, a permit request for the control of submerged vegetation for 
1.13 	up to 100 feet of shoreline per individual riparian property owner must be granted. Permit 
1.14 	requests must be granted for up to 15 percent of a water basin's total littoral area. No 
1.15 	permit is required on waters of less than ten acres that have no continuous flowing outlets. 
1.16 	(c) Aquatic plant management permits are allowed for any of the following purposes: 
1.17 	(1) recreation;
1.18 	(2) public safety; 
1.19 	(3) esthetics; 
1.20 	(4) drainage; and 
1.21 	(5) ecological health. 

1.22 	Sec. 2. Minnesota Statutes 2004, section 103G.615, is amended by adding a 
1.23 	subdivision to read:
2.1 		Subd. 3a.Permit decisions. The commissioner must approve or deny a permit 
2.2 	application for aquatic plant control within 15 business days of receipt of the application. 
2.3 	Failure to issue or deny a permit within this time constitutes a default approval to proceed. 

2.4 	Sec. 3. Minnesota Statutes 2004, section 103G.615, is amended by adding a 
2.5 	subdivision to read:
2.6 		Subd. 3b.Invasive species permits. Permit requests for control of aquatic nonnative 
2.7 	invasive species shall be granted by the commissioner without littoral area limits. 

2.8 	Sec. 4. Minnesota Statutes 2004, section 103G.615, is amended by adding a 
2.9 	subdivision to read:
2.10 		Subd. 3c.Pesticide control. If pesticides were allowed by a permit prior to 1976 
2.11 	to control aquatic plants for 15 percent or more of the littoral area of a lake, the permit 
2.12 	remains in effect. 

2.13 	Sec. 5. Minnesota Statutes 2004, section 103G.615, is amended by adding a 
2.14 	subdivision to read:
2.15 		Subd. 3d.Permit denial review. A person may appeal the denial of an aquatic 
2.16 	plant control permit within 15 days of denial by submitting a request to a review panel 
2.17 	consisting of a professional employee of the local soil and water conservation district, 
2.18 	a technical professional with expertise in water resource management appointed by the 
2.19 	local government unit, and a technical professional with expertise in aquatic plant control 
2.20 	appointed by the local government unit. The review panel must make an on-site inspection 
2.21 	of the proposed permit area and, along with the facts presented in the permit application 
2.22 	and commissioner's decision, make a final decision on the permit. 

2.23 	Sec. 6. Minnesota Statutes 2004, section 103G.615, is amended by adding a 
2.24 	subdivision to read:
2.25 		Subd. 4a.Mechanical devices. An automated untended aquatic plant control device 
2.26 	may be used by a person without a permit if: 
2.27 	(1) the area controlled does not exceed 2,500 square feet, except that a boat channel 
2.28 	extending to open water and not exceeding 15 feet in width may be maintained; and 
2.29 	(2) silt disturbed by the mechanical device is less than three inches deep. 

2.30 	Sec. 7. RULEMAKING PROHIBITED.
 3.1 	Beginning March 1, 2006, the commissioner of natural resources shall not adopt 
3.2 	changes to Minnesota Rules, chapter 6280, except in conformance with this act. 

3.3 	Sec. 8. EFFECTIVE DATE.
 3.4 	Sections 1 to 7 are effective the day following final enactment.