Minnesota Legislature
HF 1004
as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:44pm
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A bill for an act
relating to natural resources; modifying certain buffer requirements; requiring
local review and approval; amending Minnesota Statutes 2016, section 103F.48,
subdivisions 1, 3, 7, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Board" means the Board of Water and Soil Resources.
(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
and noxious weeds, adjacent to all bodies of water within the state and that protects the
water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
protects or provides riparian corridors.
(d) "Buffer protection map" means buffer maps established and maintained by the
commissioner of natural resources.
(e) "Commissioner" means the commissioner of natural resources.
(f) "Executive director" means the executive director of the Board of Water and Soil
Resources.
(g) "Local water management authority" means a watershed district, metropolitan water
management organization, or county operating separately or jointly in its role as local water
management authority under chapter 103B or 103D.
(h) "Normal water level" means the level evidenced by the long-term presence of surface
water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
via hydrological models or analysis.
(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term
public waters as used in this section applies to waters that are on the public waters inventory
as provided in section 103G.201new text begin , excluding public water wetlands that do not have a
shoreland classification adopted under section 103F.211new text end .
(j) "With jurisdiction" means a board determination that the county or watershed district
has adopted a rule, ordinance, or official controls providing procedures for the issuance of
administrative penalty orders, enforcement, and appeals for purposes of this section and
section 103B.101, subdivision 12a.
Sec. 2.
Minnesota Statutes 2016, section 103F.48, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Buffer protection map; local approval. new text end
new text begin
(a) The commissioner must develop
a preliminary buffer protection map. The map must designate:
new text end
new text begin
(1) public waters subject to a 50-foot average width, 30-foot minimum width, continuous
buffer requirement under subdivision 3; and
new text end
new text begin
(2) public drainage systems established under chapter 103E, subject to a 16.5-foot
minimum width continuous buffer under subdivision 3.
new text end
new text begin
(b) The commissioner must submit a preliminary buffer protection map to each soil and
water conservation district for approval by September 1, 2017. Within 90 days of receiving
the map and after conducting at least one public meeting, a soil and water conservation
district must submit its approval of the map or its requested changes to the map to the
commissioner. Within 30 days of receiving a request for change, the commissioner must
review the request and either revise the buffer protection map in response or provide a
reason for not making the requested change. If no response is received from the soil and
water conservation district within the 90-day review period, the commissioner may deem
the map approved. The commissioner must publish a final buffer protection map by February
1, 2018.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
Subd. 3.
Water resources riparian protection requirements on public waters and
public drainage systems.
(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:
(1) for deleted text begin alldeleted text end public watersnew text begin identified on the buffer protection mapnew text end , the more restrictive of:
(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or
(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and
(2) for public drainage systems established under chapter 103Enew text begin identified on the buffer
protection mapnew text end , a 16.5-foot minimum width continuous buffer as provided in section
103E.021, subdivision 1. The buffer vegetation shall not impede future maintenance of the
ditch.
(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the board,
that provide water quality protection comparable to the buffer protection for the water body
that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource.
(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.
(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.
(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before:
(1) November 1, deleted text begin 2017deleted text end new text begin 2018new text end , for public waters; and
(2) November 1, deleted text begin 2018deleted text end new text begin 2019new text end , for public drainage systems.
(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.
Sec. 4.
Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
Subd. 7.
Corrective actions.
(a) If the soil and water conservation district determines
a landowner is not in compliance with this section, the district must notify the county or
watershed district with jurisdiction over the noncompliant site and the board. The county
or watershed district with jurisdiction or the board must provide the landowner with a list
of corrective actions needed to come into compliance and a practical timeline to meet the
requirements in this section. The county or watershed district with jurisdiction must provide
a copy of the corrective action notice to the board.
(b) A county or watershed district exercising jurisdiction under this subdivision and the
enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section and section 103B.101, subdivision 12a, by notice to
the board prior to March 31, deleted text begin 2017deleted text end new text begin 2018new text end . A county or watershed district must provide notice
to the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.
(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section under the authority granted in section
103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official
control of the county. Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, deleted text begin 2017deleted text end new text begin 2018new text end . If a county or watershed district with jurisdiction over the
noncompliant site has not adopted a plan, rule, ordinance, or official control under this
paragraph, the board must enforce this section under the authority granted in section
103B.101, subdivision 12a.
(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.
(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.
(g) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment or
retroactively from March 31, 2017, if enacted after that date.
new text end