Minnesota Administrative Rules

8400.4040 PROCEDURE FOR AGRICULTURAL ACTIVITIES.

Subpart 1.

Complaint.

Adversely affected land occupiers, elected or duly appointed officials of the local government, or district board members may submit a signed written complaint to the local government if conditions exist that indicate there is excessive soil loss from a tract of land. The local government shall submit the complaint to the district for soil loss determination. The local government shall notify the alleged offending land occupier of the complaint and that the district will be contacting the land occupier to review the site, determine the severity of the problem, and assist the land occupier in correcting the problem. The local government shall also name a contact person for further assistance.

The signed written complaint must include:

A.

the name and address of the alleged offending land occupier;

B.

the location of the tract of land with the alleged excessive soil loss;

C.

other land or water that is allegedly being affected by the excessive soil loss; and

D.

a description of the nature of the alleged excessive soil loss and resulting sedimentation.

Subp. 2.

Determination.

Upon request by the local government, the district shall determine the average annual soil loss in tons per acre per year of the tract of land cited in the complaint. The district may enter public or private land to make an inspection for the determination of soil loss or to complete the report. The district shall notify the land occupier of the time of the inspections and give the land occupier an opportunity to be present when the inspection is made.

The notice must:

A.

be given ten days prior to the date of the inspection;

B.

be delivered either by personal service or certified mail; and

C.

if the owner of the property and the occupier of the residence differ, be delivered to both the owner and the occupier.

Subp. 3.

Report.

The district shall submit a report to the local government that states the average soil loss in tons per acre per year for each tract of land and if that soil loss is excessive under the applicable soil loss limits.

If the soil loss is excessive, the report must include identification of existing farming practices and a preliminary conservation plan and time schedule that will prevent excessive soil loss.

If the report shows that soil loss from the tract of land is equal to or below the soil loss tolerance for that soil series, the local government shall dismiss the complaint and notify the land occupier.

Subp. 4.

Notification of excessive soil loss.

If the local government finds that excessive soil loss is occurring, it must give written notification to the land occupier. The notification must:

A.

describe the land and state the extent to which soil loss exceeds the soil loss limits;

B.

be delivered within ten days of the local government's decision;

C.

be delivered either by personal service or by certified mail; and

D.

state a time, not more than 90 days after the date of delivery of the order, by which mediation must be commenced.

Subp. 5.

Mediation.

If the district report shows that soil loss from a tract of land is excessive and conservation practices are available to reduce the soil loss, the local government shall request the offending land occupier to participate in mediation with the local government. The local government may appoint the planning and zoning director, a planning commissioner, or other official to act as mediator. The local government also may contract with a private mediation center to provide mediation services.

The land occupier and local government must attempt to agree on a conservation plan and time schedule that will reduce soil loss to the acceptable limits set by a local soil loss limits ordinance.

A mediated settlement must be approved by the local government and land occupier, put in writing, and filed with the county.

Statutory Authority:

MS s 40.21

History:

11 SR 742

Published Electronically:

March 7, 2013