1998 Minnesota Statutes

     103G.301 General permit application procedures. 

    Subdivision 1.    Application documentation.  (a) An 
 application for a permit must be accompanied by: 

    (1) maps, plans, and specifications describing the proposed 
 appropriation and use of waters; 

    (2) the changes, additions, repairs, or abandonment 
 proposed to be made; 

    (3) the waters of the state affected; and 

    (4) other data the commissioner may require. 

    (b) The commissioner may require a statement of the effect 
 the actions proposed in the permit application will have on the 
 environment, including: 

    (1) anticipated changes in water and related land 
 resources; 

    (2) unavoidable but anticipated detrimental effects; and 

    (3) alternatives to the actions proposed in the permit 
 application, including conservation measures to improve water 
 use efficiencies and reduce water demand.  

    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.1285.  

    Subd. 3.    Field inspection fees.  (a) In addition to 
 the application fee, the commissioner may charge a field 
 inspection fee for:  

    (1) projects requiring a mandatory environmental assessment 
 under chapter 116D; 

    (2) projects undertaken without a required permit or 
 application; and 

    (3) projects undertaken in excess of limitations 
 established in an issued permit.  

    (b) The fee must be at least $100 but not more than actual 
 inspection costs.  

    (c) The fee is to cover actual costs related to a permit 
 applied for under this chapter or for a project undertaken 
 without proper authorization. 

    (d) The commissioner shall establish a schedule of field 
 inspection fees under section 16A.1285.  The schedule must 
 include actual costs related to field inspection, including 
 investigations of the area affected by the proposed activity, 
 analysis of the proposed activity, consultant services, and 
 subsequent monitoring, if any, of the activity authorized by the 
 permit.  

    Subd. 4.    Refund of fees prohibited.  A permit 
 application or field inspection fee may not be refunded for any 
 reason, even if the application is denied or withdrawn.  

    Subd. 5.    State and federal agencies exempt from fee.  
 A permit application or field inspection fee may not be imposed 
 on any state agency, as defined in section 16B.01, or federal 
 governmental agency applying for a permit.  

    Subd. 5a.    Town fees limited.  Notwithstanding this 
 section or any other law, no permit application or field 
 inspection fee charged to a town in connection with the 
 construction or alteration of a town road, bridge, or culvert 
 shall exceed $100. 

    Subd. 6.    Filing application.  (a) An application for 
 a permit must be filed with the commissioner and if the proposed 
 activity for which the permit is requested is within a 
 municipality, or is within or affects a watershed district or a 
 soil and water conservation district, a copy of the application 
 with maps, plans, and specifications must be served on the mayor 
 of the municipality, the secretary of the board of managers of 
 the watershed district, and the secretary of the board of 
 supervisors of the soil and water conservation district. 

    (b) If the application is required to be served on a local 
 governmental unit under this subdivision, proof of service must 
 be included with the application and filed with the commissioner.

    Subd. 7.    Recommendation of local units of government. 
  (a) If the proposed activity for which the permit is 
 requested is within a municipality, or is within or affects a 
 watershed district or a soil and water conservation district, 
 the commissioner may obtain a written recommendation of the 
 managers of the district and the board of supervisors of the 
 soil and water conservation district or the mayor of the 
 municipality before issuing or denying the permit. 

    (b) The managers, supervisors, or mayor must file a 
 recommendation within 30 days after receiving of a copy of the 
 application for permit.  

    HIST: 1990 c 391 art 7 s 34; 1991 c 298 art 4 s 1; 1993 c 186 
 s 7; 1995 c 218 s 13; 1996 c 305 art 3 s 10,11