2001 Minnesota Statutes

CHAPTER 103G. Waters of the state

     103G.001 Effect of chapter 103G on water law. 

    Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G 
 constitute the water law of this state and may be cited as the 
 Water Law.  

    HIST: 1990 c 391 art 7 s 1 

     103G.005 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to this chapter.  

    Subd. 2.    Abandon.  "Abandon" means to give up the use 
 and maintenance of structures or improvements to realty and to 
 surrender them to deterioration.  Abandon does not refer to 
 intent to surrender or relinquish title to or a possessory 
 interest in the real property where the structures or 
 improvements are located.  

    Subd. 2a.    Agricultural land.  "Agricultural land" 
 means:  land used for horticultural, row, close grown, pasture, 
 and hayland crops; growing nursery stocks; animal feedlots; farm 
 yards; associated building sites; and public and private 
 drainage systems and field roads located on any of the foregoing.

    Subd. 3.    Altered natural watercourse.  "Altered 
 natural watercourse" means a former natural watercourse that has 
 been affected by artificial changes to straighten, deepen, 
 narrow, or widen the original channel.  

    Subd. 4.    Appropriating.  "Appropriating" means 
 withdrawal, removal, or transfer of water from its source 
 regardless of how the water is used.  

    Subd. 5.    Artificial watercourse.  "Artificial 
 watercourse" means a watercourse artificially constructed by 
 human beings where a natural watercourse was not previously 
 located.  

    Subd. 6.    Basin of origin.  "Basin of origin" means 
 the drainage basin of the Great Lakes, the Red River of the 
 North, the Mississippi River, or the Missouri River.  

    Subd. 6a.    Board.  "Board" means the board of water 
 and soil resources. 

    Subd. 7.    Commissioner.  "Commissioner" means the 
 commissioner of natural resources.  

    Subd. 8.    Consumptive use.  "Consumptive use" means 
 water that is withdrawn from its source for immediate further 
 use in the area of the source and is not directly returned to 
 the source.  

    Subd. 9.    Director.  "Director" means the director of 
 the division of waters of the department of natural resources.  

    Subd. 10.    Division.  "Division" means the division of 
 waters of the department of natural resources.  

    Subd. 10a.  MS 1994 Renumbered subd 10e 

    Subd. 10a.    50 to 80 percent area.  "50 to 80 percent 
 area" means a county or watershed with at least 50 but less than 
 80 percent of the presettlement wetland acreage intact. 

    Subd. 10b.    Greater than 80 percent area.  "Greater 
 than 80 percent area" means a county or watershed where 80 
 percent or more of the presettlement wetland acreage is intact 
 and: 

    (1) ten percent or more of the current total land area is 
 wetland; or 

    (2) 50 percent or more of the current total land area is 
 state or federal land. 

    Subd. 10c.    Hayland.  "Hayland" means an area that was 
 mechanically harvested or that was planted with annually seeded 
 crops in a crop rotation seeding of grasses or legumes in six of 
 the last ten years prior to January 1, 1991. 

    Subd. 10d.    Less than 50 percent area.  "Less than 50 
 percent area" means a county or watershed with less than 50 
 percent of the presettlement wetland acreage intact or any 
 county or watershed not defined as a "greater than 80 percent 
 area" or "50 to 80 percent area." 

    Subd. 10e.    Local government unit.  "Local government 
 unit" means: 

    (1) outside of the seven-county metropolitan area, a city 
 council or county board of commissioners or their delegate; 

    (2) in the seven-county metropolitan area, a city council, 
 a town board under section 368.01, or a watershed management 
 organization under section 103B.211, or their delegate; and 

    (3) on state land, the agency with administrative 
 responsibility for the land. 

    Subd. 11.    Meandered lake.  "Meandered lake" means a 
 body of water except streams located within the meander lines 
 shown on plats made by the United States General Land Office.  

    Subd. 12.    Municipality.  "Municipality" means a home 
 rule charter or statutory city.  

    Subd. 13.    Natural watercourse.  "Natural watercourse" 
 means a natural channel that has definable beds and banks 
 capable of conducting confined runoff from adjacent land.  

    Subd. 13a.    Once-through system.  "Once-through system"
 means a space heating, ventilating, air conditioning (HVAC), or 
 refrigeration system used for any type of temperature or 
 humidity control application, utilizing groundwater, that 
 circulates through the system and is then discharged without 
 reusing it for a higher priority purpose. 

    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.  

    Subd. 14a.  MS 1994 Renumbered subd 14b 

    Subd. 14a.    Pasture.  "Pasture" means an area that was 
 grazed by domesticated livestock or that was planted with 
 annually seeded crops in a crop rotation seeding of grasses or 
 legumes in six of the last ten years prior to January 1, 1991. 

    Subd. 14b.    Political subdivision.  "Political 
 subdivision" means a county, city, town, school district, or 
 other local government jurisdiction to which the state provides 
 state aids or on which the state imposes state mandates. 

    Subd. 14c.    Presettlement wetland.  "Presettlement 
 wetland" means a wetland or public waters wetland that existed 
 in this state at the time of statehood in 1858. 

    Subd. 14d.    Project.  "Project" means a specific plan, 
 contiguous activity, proposal, or design necessary to accomplish 
 a goal as defined by the local government unit.  As used in this 
 chapter, a project may not be split into components or phases 
 for the sole purpose of gaining additional exemptions. 

    Subd. 15.    Public waters.  (a) "Public waters" means:  

    (1) waterbasins assigned a shoreland management 
 classification by the commissioner under sections 103F.201 to 
 103F.221; 

    (2) waters of the state that have been finally determined 
 to be public waters or navigable waters by a court of competent 
 jurisdiction; 

    (3) meandered lakes, excluding lakes that have been legally 
 drained; 

    (4) waterbasins previously designated by the commissioner 
 for management for a specific purpose such as trout lakes and 
 game lakes pursuant to applicable laws; 

    (5) waterbasins designated as scientific and natural areas 
 under section 84.033; 

    (6) waterbasins located within and totally surrounded by 
 publicly owned lands; 

    (7) waterbasins where the state of Minnesota or the federal 
 government holds title to any of the beds or shores, unless the 
 owner declares that the water is not necessary for the purposes 
 of the public ownership; 

    (8) waterbasins where there is a publicly owned and 
 controlled access that is intended to provide for public access 
 to the waterbasin; 

    (9) natural and altered watercourses with a total drainage 
 area greater than two square miles; 

    (10) natural and altered watercourses designated by the 
 commissioner as trout streams; and 

    (11) public waters wetlands, unless the statute expressly 
 states otherwise. 

    (b) Public waters are not determined exclusively by the 
 proprietorship of the underlying, overlying, or surrounding land 
 or by whether it is a body or stream of water that was navigable 
 in fact or susceptible of being used as a highway for commerce 
 at the time this state was admitted to the union.  

    Subd. 15a.    Public waters wetlands.  "Public waters 
 wetlands" means all types 3, 4, and 5 wetlands, as defined in 
 United States Fish and Wildlife Service Circular No. 39 (1971 
 edition), not included within the definition of public waters, 
 that are ten or more acres in size in unincorporated areas or 
 2-1/2 or more acres in incorporated areas.  

    Subd. 15b.    Shoreland wetland protection zone.  
 "Shoreland wetland protection zone" means: 

    (1) for local government units that have a shoreland 
 management ordinance approved under sections 103F.201 to 
 103F.221, the shoreland wetland protection zone is: 

    (i) 1,000 feet from the ordinary high water level of a 
 waterbasin that is a public water identified in the shoreland 
 management ordinance or the shoreland area approved by the 
 commissioner as provided in the shoreland management rules 
 adopted under section 103F.211, whichever is less; or 

    (ii) 300 feet from the ordinary high water level of a 
 watercourse identified in the shoreland management ordinance or 
 the shoreland area approved by the commissioner as provided in 
 the shoreland management rules adopted under section 103F.211, 
 whichever is less; and 

    (2) for local government units that do not have a shoreland 
 management ordinance approved under sections 103F.201 to 
 103F.221, the shoreland wetland protection zone is: 

    (i) 1,000 feet from the ordinary high water level of a 
 waterbasin that is a public water that is at least ten acres in 
 size within municipalities and at least 25 acres in size in 
 unincorporated areas; or 

    (ii) 300 feet from the ordinary high water level of a 
 watercourse identified by the public waters inventory under 
 section 103G.201. 

    Subd. 15c.    Silviculture.  "Silviculture" means the 
 management of forest trees. 

    Subd. 15d.    Utility.  "Utility" means a sanitary 
 sewer, storm sewer, potable water distribution, and 
 transmission, distribution, or furnishing, at wholesale or 
 retail, of natural or manufactured gas, electricity, telephone, 
 or radio service or communications. 

    Subd. 16.    Waterbasin.  "Waterbasin" means an enclosed 
 natural depression with definable banks, capable of containing 
 water, that may be partly filled with waters of the state and is 
 discernible on aerial photographs.  

    Subd. 17.    Waters of the state.  "Waters of the state" 
 means surface or underground waters, except surface waters that 
 are not confined but are spread and diffused over the land.  
 Waters of the state includes boundary and inland waters.  

    Subd. 17a.    Watershed.  "Watershed" means the 81 major 
 watershed units delineated by the map, "State of Minnesota 
 Watershed Boundaries - 1979." 

    Subd. 17b.    Wetland type.  "Wetland type" means a 
 wetland type classified according to Wetlands of the United 
 States, U.S. Fish and Wildlife Service Circular 39 (1971 
 edition), as summarized in this subdivision. 

    (1) "Type 1 wetlands" are seasonally flooded basins or 
 flats in which soil is covered with water or is waterlogged 
 during variable seasonal periods but usually is well-drained 
 during much of the growing season.  Type 1 wetlands are located 
 in depressions and in overflow bottomlands along watercourses, 
 and in which vegetation varies greatly according to season and 
 duration of flooding and includes bottomland hardwoods as well 
 as herbaceous growths. 

    (2) "Type 2 wetlands" are inland fresh meadows in which 
 soil is usually without standing water during most of the 
 growing season but is waterlogged within at least a few inches 
 of surface.  Vegetation includes grasses, sedges, rushes, and 
 various broad-leafed plants.  Meadows may fill shallow basins, 
 sloughs, or farmland sags, or these meadows may border shallow 
 marshes on the landward side. 

    (3) "Type 3 wetlands" are inland shallow fresh marshes in 
 which soil is usually waterlogged early during a growing season 
 and often covered with as much as six inches or more of water.  
 Vegetation includes grasses, bulrushes, spikerushes, and various 
 other marsh plants such as cattails, arrowheads, pickerelweed, 
 and smartweeds.  These marshes may nearly fill shallow lake 
 basins or sloughs, or may border deep marshes on the landward 
 side and are also common as seep areas on irrigated lands. 

    (4) "Type 4 wetlands" are inland deep fresh marshes in 
 which soil is usually covered with six inches to three feet or 
 more of water during the growing season.  Vegetation includes 
 cattails, reeds, bulrushes, spikerushes, and wild rice.  In open 
 areas, pondweeds, naiads, coontail, water milfoils, waterweeds, 
 duckweeds, waterlilies, or spatterdocks may occur.  These deep 
 marshes may completely fill shallow lake basins, potholes, 
 limestone sinks, and sloughs, or they may border open water in 
 such depressions. 

    (5) "Type 5 wetlands" are inland open fresh water, shallow 
 ponds, and reservoirs in which water is usually less than ten 
 feet deep and is fringed by a border of emergent vegetation 
 similar to open areas of type 4 wetland. 

    (6) "Type 6 wetlands" are shrub swamps in which soil is 
 usually waterlogged during growing season and is often covered 
 with as much as six inches of water.  Vegetation includes 
 alders, willows, buttonbush, dogwoods, and swamp-privet.  This 
 type occurs mostly along sluggish streams and occasionally on 
 floodplains. 

    (7) "Type 7 wetlands" are wooded swamps in which soil is 
 waterlogged at least to within a few inches of the surface 
 during growing season and is often covered with as much as one 
 foot of water.  This type occurs mostly along sluggish streams, 
 on floodplains, on flat uplands, and in shallow basins.  Trees 
 include tamarack, arborvitae, black spruce, balsam, red maple, 
 and black ash.  Northern evergreen swamps usually have a thick 
 ground cover of mosses.  Deciduous swamps frequently support 
 beds of duckweeds and smartweeds. 

    (8) "Type 8 wetlands" are bogs in which soil is usually 
 waterlogged and supports a spongy covering of mosses.  This type 
 occurs mostly in shallow basins, on flat uplands, and along 
 sluggish streams.  Vegetation is woody or herbaceous or both.  
 Typical plants are heath shrubs, sphagnum moss, and sedges.  In 
 the north, leatherleaf, Labrador-tea, cranberries, carex, and 
 cottongrass are often present.  Scattered, often stunted, black 
 spruce and tamarack may occur. 

    Subd. 18.  Renumbered subd 15a 

    Subd. 19.    Wetlands.  (a) "Wetlands" means lands 
 transitional between terrestrial and aquatic systems where the 
 water table is usually at or near the surface or the land is 
 covered by shallow water.  For purposes of this definition, 
 wetlands must have the following three attributes:  

    (1) have a predominance of hydric soils; 

    (2) are inundated or saturated by surface or ground water 
 at a frequency and duration sufficient to support a prevalence 
 of hydrophytic vegetation typically adapted for life in 
 saturated soil conditions; and 

    (3) under normal circumstances support a prevalence of such 
 vegetation. 

    (b) For the purposes of regulation under this chapter, the 
 term wetlands does not include public waters wetlands as defined 
 in subdivision 15a.  

    HIST: 1990 c 391 art 7 s 2; 1990 c 597 s 62; 1991 c 354 art 6 
 s 1-6; art 10 s 4; 1994 c 643 s 49; 1995 c 218 s 3; 1996 c 462 s 
 10-22,43; 1997 c 2 s 8; 2000 c 382 s 1,2 

     103G.101 Water conservation program. 

    Subdivision 1.    Development.  The commissioner shall 
 develop a water resources conservation program for the state.  
 The program must include conservation, allocation, and 
 development of waters of the state for the best interests of the 
 people.  

    Subd. 2.    Program to guide permit issuance and dams.  
 The commissioner must be guided by the program in issuing 
 permits for the use and appropriation of the waters of the state 
 and the construction, reconstruction, repair, removal, or 
 abandonment of dams, reservoirs, and other control structures.  

    HIST: 1990 c 391 art 7 s 3 

     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 and chapter 103F.  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 and chapter 103F.  

    HIST: 1990 c 391 art 7 s 4; 1995 c 218 s 4 

     103G.111 Representation of state in water issues. 

    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 and chapter 
 103F. 

    Subd. 2.    Director to appear for state in water 
 proceedings.  The director may appear for the state in any 
 matter or proceeding affecting waters of the state to give 
 hydrologic and hydraulic engineering advice and information in 
 connection with the proceeding.  

    HIST: 1990 c 391 art 7 s 5; 1995 c 218 s 5 

     103G.115 Enjoining waterflow interference outside of 
  state. 

    If a person, firm, association, corporation, or a state or 
 political subdivision, agency, or commission of a state 
 disturbs, obstructs, or interferes with the natural flow or 
 condition of public waters beyond the boundaries of this state 
 in a manner that seriously affects the public welfare and 
 interests of this state, the commissioner may institute 
 proceedings in behalf of this state in a court having 
 jurisdiction to abate or enjoin the continuance of the 
 disturbance, obstruction, or interference.  

    HIST: 1990 c 391 art 7 s 6 

     103G.121 Commissioner's authority to investigate and 
  construct projects. 

    Subdivision 1.    Surveys and investigations.  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. 

    Subd. 2.    Acquisition of property including by eminent 
 domain.  The commissioner may acquire title to private 
 property for an authorized purpose by purchase or by eminent 
 domain.  The use of property for projects to implement this 
 chapter is a public purpose.  On request by the commissioner, 
 the attorney general shall acquire title to private property for 
 projects under this chapter as provided in chapter 117.  

    Subd. 3.    Contracts.  The commissioner may approve 
 contracts for projects under this chapter and change the plans 
 of the projects when necessary, and supervise, control, and 
 accept the projects when complete.  The commissioner may pay for 
 projects and expenses incurred in connection with the projects 
 from funds available to the commissioner.  

    HIST: 1990 c 391 art 7 s 7; 1995 c 218 s 6 

     103G.125 Director's authority. 

    Subdivision 1.    Cooperation with government agencies.  
 The director shall cooperate with agencies and departments of 
 the state and federal government relating to projects affecting 
 waters of the state and shall make recommendations to the 
 agencies involved and to the governor about the desirability, 
 feasibility, and practicability of the proposed projects.  

    Subd. 2.    Cooperative agreements.  The director, with 
 approval of the commissioner, may make cooperative agreements 
 with and cooperate with any person, corporation, or government 
 authority to implement this chapter.  

    Subd. 3.    Standards for forms and maps.  The director 
 may adopt rules to standardize forms and maps, sizes of maps, 
 plats, drawings, and specifications in proceedings related to 
 waters of the state.  

    HIST: 1990 c 391 art 7 s 8; 1993 c 186 s 16 

     103G.127 Permit program under section 404 of the federal 
  Clean Water Act. 

    Notwithstanding any other law to the contrary, the 
 commissioner, with the concurrence of the board of water and 
 soil resources and the commissioner of agriculture, may adopt 
 rules establishing a permit program for regulating the discharge 
 of dredged and fill material into the waters of the state as 
 necessary to obtain approval from the United States 
 Environmental Protection Agency to administer the permit program 
 under section 404 of the federal Clean Water Act, United States 
 Code, title 33, section 1344.  The rules may not be more 
 restrictive than the program under section 404, or state law, if 
 it is more restrictive than the federal program. 

    HIST: 1991 c 354 art 9 s 1; 1996 c 462 s 23 

     103G.131 Venue of certain actions. 

    Subdivision 1.    Water located in one county.  
 Notwithstanding any other law to the contrary, an action for 
 declaratory judgment that is brought under chapter 555 by or 
 against the commissioner must be venued in the county where the 
 water, watercourse, or waterbasin is located, if the water, 
 watercourse, or waterbasin is located in one county.  This 
 section applies to actions to determine the validity of the 
 commissioner's final decision regarding:  

    (1) the classification of waters of the state as public 
 waters; or 

    (2) the drainage of waterbasins or watercourses as provided 
 in chapter 103E.  

    Subd. 2.    Water located in more than one county.  If 
 the water, watercourse, or waterbasin is located in more than 
 one county, then the venue is the judicial district where the 
 majority of the water, watercourse, or waterbasin is located.  

    HIST: 1990 c 391 art 7 s 9 

     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 or 
 chapter 103F, or restrain the violation of this chapter or 
 chapter 103F.  

    HIST: 1990 c 391 art 7 s 10; 1995 c 218 s 7 

     103G.141 Penalties. 

    Subdivision 1.    Misdemeanors.  Except as provided in 
 subdivision 2, a person is guilty of a misdemeanor who: 

    (1) undertakes or procures another to undertake an 
 alteration in the course, current, or cross section of public 
 waters or appropriates waters of the state without previously 
 obtaining a permit from the commissioner, regardless of whether 
 the commissioner would have granted a permit had an application 
 been filed; 

    (2) undertakes or procures another to undertake an 
 alteration in the course, current, or cross section of public 
 waters or appropriates waters of the state in violation of or in 
 excess of authority granted under a permit issued by the 
 commissioner, regardless of whether an application had been 
 filed for permission to perform the act involved or whether the 
 act involved would have been permitted had a proper application 
 been filed; 

    (3) undertakes or procures another to undertake an 
 alteration in the course, current, or cross section of public 
 waters or appropriates waters of the state after a permit to 
 undertake the project has been denied by the commissioner; or 

    (4) violates a provision of this chapter.  

    Subd. 2.    Violation of section 404 permits.  (a) 
 Whenever the commissioner finds that a person is in violation of 
 a condition or limitation set forth in a permit issued under the 
 rules adopted by the commissioner under section 103G.127, the 
 commissioner shall issue an order requiring the person to comply 
 with the condition or limitation, or the commissioner shall 
 bring a civil action in accordance with paragraph (b). 

    (b) The commissioner may commence a civil action for 
 appropriate relief in district court, including a permanent or 
 temporary injunction, for a violation for which the commissioner 
 is authorized to issue a compliance order under paragraph (a).  
 The court may restrain the violation and require compliance. 

    (c) A person who violates a condition or limitation in a 
 permit issued by the commissioner under section 103G.127, and a 
 person who violates an order issued by the commissioner under 
 paragraph (a), is subject to a civil penalty not to exceed 
 $25,000 per day for each violation.  In determining the amount 
 of a civil penalty the court shall consider the seriousness of 
 the violation or violations, the economic benefit, if any, 
 resulting from the violation, any history of violations, any 
 good faith efforts to comply with the applicable requirements, 
 the economic impact of the penalty on the violator, and other 
 matters justice may require. 

    HIST: 1990 c 391 art 7 s 11; 1991 c 354 art 9 s 2 

     103G.145 Application. 

    Nothing in this chapter supersedes or amends section 92.45. 

    HIST: 1990 c 391 art 7 s 12 

     103G.201 Public waters inventory. 

    (a) The commissioner shall prepare a public waters 
 inventory map of each county that shows the waters of this state 
 that are designated as public waters under the public waters 
 inventory and classification procedures prescribed under Laws 
 1979, chapter 199.  The public waters inventory map for each 
 county must be filed with the auditor of the county.  

    (b) The commissioner is authorized to revise the list of 
 public waters established under Laws 1979, chapter 199, to 
 reclassify those types 3, 4, and 5 wetlands previously 
 identified as public waters wetlands under Laws 1979, chapter 
 199, as public waters or as wetlands under section 103G.005, 
 subdivision 19.  The commissioner may only reclassify public 
 waters wetlands as public waters if: 

    (1) they are assigned a shoreland management classification 
 by the commissioner under sections 103F.201 to 103F.221; 

    (2) they are classified as lacustrine wetlands or deepwater 
 habitats according to Classification of Wetlands and Deepwater 
 Habitats of the United States (Cowardin, et al., 1979 edition); 
 or 

    (3) the state or federal government has become titleholder 
 to any of the beds or shores of the public waters wetlands, 
 subsequent to the preparation of the public waters inventory map 
 filed with the auditor of the county, pursuant to paragraph (a), 
 and the responsible state or federal agency declares that the 
 water is necessary for the purposes of the public ownership. 

    (c) The commissioner must provide notice of the 
 reclassification to the local government unit, the county board, 
 the watershed district, if one exists for the area, and the soil 
 and water conservation district.  Within 60 days of receiving 
 notice from the commissioner, a party required to receive the 
 notice may provide a resolution stating objections to the 
 reclassification.  If the commissioner receives an objection 
 from a party required to receive the notice, the 
 reclassification is not effective.  If the commissioner does not 
 receive an objection from a party required to receive the 
 notice, the reclassification of a wetland under paragraph (b) is 
 effective 60 days after the notice is received by all of the 
 parties. 

    (d) The commissioner shall give priority to the 
 reclassification of public waters wetlands that are or have the 
 potential to be affected by public works projects. 

    HIST: 1990 c 391 art 7 s 13; 2000 c 382 s 3; 2001 c 7 s 24; 
 2001 c 146 s 5 

     103G.205 Effect of public waters designation. 

    The designation of waters of this state as public waters 
 does not: 

    (1) grant the public additional or greater right of access 
 to the waters; 

    (2) diminish the right of ownership or usage of the beds 
 underlying the designated public waters; 

    (3) affect state law forbidding trespass on private lands; 
 and 

    (4) require the commissioner to acquire access to the 
 designated public waters under section 97A.141.  

    HIST: 1990 c 391 art 7 s 14 

     103G.211 Drainage of public waters generally prohibited 
  without replacement. 

    Except as provided in sections 103G.221 to 103G.235, public 
 waters may not be drained, and a permit authorizing drainage of 
 public waters may not be issued, unless the public waters to be 
 drained are replaced by public waters that will have equal or 
 greater public value.  

    HIST: 1990 c 391 art 7 s 15 

     103G.215 Agricultural use of public waters during 
  drought. 

    A property owner may use the bed of public waters for 
 pasture or cropland during periods of drought if: 

    (1) dikes, ditches, tile lines, or buildings are not 
 constructed; and 

    (2) the agricultural use does not result in the drainage of 
 the public waters.  

    HIST: 1990 c 391 art 7 s 16 

     103G.221 Drainage of public waters wetlands. 

    Subdivision 1.    Drainage of public waters wetlands 
 generally prohibited without replacement.  Public waters 
 wetlands may not be drained, and a permit authorizing drainage 
 of public waters wetlands may not be issued, unless the public 
 waters wetlands to be drained are replaced by wetlands that will 
 have equal or greater public value. 

    Subd. 2. Repealed, 1991 c 354 art 10 s 12 

    Subd. 3. Repealed, 1991 c 354 art 10 s 12 

    HIST: 1990 c 391 art 7 s 17; 1999 c 86 art 1 s 19 

     103G.2212 Contractor's responsibility when work drains 
  or fills wetlands. 

    Subdivision 1.    Conditions for employees and agents to 
 drain or fill wetlands.  An agent or employee of another may 
 not drain or fill a wetland, wholly or partially, unless the 
 agent or employee has: 

    (1) obtained a signed statement from the property owner 
 stating that the wetland replacement plan required for the work 
 has been obtained or that a replacement plan is not required; 
 and 

    (2) mailed a copy of the statement to the local government 
 unit with jurisdiction over the wetland. 

    Subd. 2.    Violation is separate offense.  Violation of 
 this section is a separate and independent offense from other 
 violations of sections 103G.2212 to 103G.237. 

    Subd. 3.    Form for compliance with this section.  The 
 board shall develop a form to be distributed to contractors' 
 associations, local government units, and soil and water 
 conservation districts to comply with this section.  The form 
 must include: 

    (1) a listing of the activities for which a replacement 
 plan is required; 

    (2) a description of the penalties for violating sections 
 103G.2212 to 103G.237; 

    (3) the telephone number to call for information on the 
 responsible local government unit; 

    (4) a statement that national wetland inventory maps are on 
 file with the soil and water conservation district office; and 

    (5) spaces for a description of the work and the names, 
 mailing addresses, and telephone numbers of the person 
 authorizing the work and the agent or employee proposing to 
 undertake it. 

    HIST: 2000 c 382 s 4 

     103G.222 Replacement of wetlands. 

    Subdivision 1.    Requirements.  (a) Wetlands must not 
 be drained or filled, wholly or partially, unless replaced by 
 restoring or creating wetland areas of at least equal public 
 value under a replacement plan approved as provided in section 
 103G.2242, a replacement plan under a local governmental unit's 
 comprehensive wetland protection and management plan approved by 
 the board under section 103G.2243, or, if a permit to mine is 
 required under section 93.481, under a mining reclamation plan 
 approved by the commissioner under the permit to mine.  Mining 
 reclamation plans shall apply the same principles and standards 
 for replacing wetlands by restoration or creation of wetland 
 areas that are applicable to mitigation plans approved as 
 provided in section 103G.2242.  Public value must be determined 
 in accordance with section 103B.3355 or a comprehensive wetland 
 protection and management plan established under section 
 103G.2243.  Sections 103G.221 to 103G.2372 also apply to 
 excavation in permanently and semipermanently flooded areas of 
 types 3, 4, and 5 wetlands. 

    (b) Replacement must be guided by the following principles 
 in descending order of priority: 

    (1) avoiding the direct or indirect impact of the activity 
 that may destroy or diminish the wetland; 

    (2) minimizing the impact by limiting the degree or 
 magnitude of the wetland activity and its implementation; 

    (3) rectifying the impact by repairing, rehabilitating, or 
 restoring the affected wetland environment; 

    (4) reducing or eliminating the impact over time by 
 preservation and maintenance operations during the life of the 
 activity; 

    (5) compensating for the impact by restoring a wetland; and 

    (6) compensating for the impact by replacing or providing 
 substitute wetland resources or environments. 

    For a project involving the draining or filling of wetlands 
 in an amount not exceeding 10,000 square feet more than the 
 applicable amount in section 103G.2241, subdivision 9, paragraph 
 (a), the local government unit may make an on-site sequencing 
 determination without a written alternatives analysis from the 
 applicant. 

    (c) If a wetland is located in a cultivated field, then 
 replacement must be accomplished through restoration only 
 without regard to the priority order in paragraph (b), provided 
 that a deed restriction is placed on the altered wetland 
 prohibiting nonagricultural use for at least ten years.  

    (d) Restoration and replacement of wetlands must be 
 accomplished in accordance with the ecology of the landscape 
 area affected. 

    (e) Except as provided in paragraph (f), for a wetland or 
 public waters wetland located on nonagricultural land, 
 replacement must be in the ratio of two acres of replaced 
 wetland for each acre of drained or filled wetland. 

    (f) For a wetland or public waters wetland located on 
 agricultural land or in a greater than 80 percent area, 
 replacement must be in the ratio of one acre of replaced wetland 
 for each acre of drained or filled wetland.  

    (g) Wetlands that are restored or created as a result of an 
 approved replacement plan are subject to the provisions of this 
 section for any subsequent drainage or filling. 

    (h) Except in a greater than 80 percent area, only wetlands 
 that have been restored from previously drained or filled 
 wetlands, wetlands created by excavation in nonwetlands, 
 wetlands created by dikes or dams along public or private 
 drainage ditches, or wetlands created by dikes or dams 
 associated with the restoration of previously drained or filled 
 wetlands may be used in a statewide banking program established 
 in rules adopted under section 103G.2242, subdivision 1.  
 Modification or conversion of nondegraded naturally occurring 
 wetlands from one type to another are not eligible for 
 enrollment in a statewide wetlands bank. 

    (i) The technical evaluation panel established under 
 section 103G.2242, subdivision 2, shall ensure that sufficient 
 time has occurred for the wetland to develop wetland 
 characteristics of soils, vegetation, and hydrology before 
 recommending that the wetland be deposited in the statewide 
 wetland bank.  If the technical evaluation panel has reason to 
 believe that the wetland characteristics may change 
 substantially, the panel shall postpone its recommendation until 
 the wetland has stabilized. 

    (j) This section and sections 103G.223 to 103G.2242, 
 103G.2364, and 103G.2365 apply to the state and its departments 
 and agencies. 

    (k) For projects involving draining or filling of wetlands 
 associated with a new public transportation project in a greater 
 than 80 percent area, public transportation authorities, other 
 than the state department of transportation, may purchase 
 credits from the state wetland bank established with proceeds 
 from Laws 1994, chapter 643, section 26, subdivision 3, 
 paragraph (c).  Wetland banking credits may be purchased at the 
 least of the following, but in no case shall the purchase price 
 be less than $400 per acre:  (1) the cost to the state to 
 establish the credits; (2) the average estimated market value of 
 agricultural land in the township where the road project is 
 located, as determined by the commissioner of revenue; or (3) 
 the average value of the land in the immediate vicinity of the 
 road project as determined by the county assessor.  Public 
 transportation authorities in a less than 80 percent area may 
 purchase credits from the state at the cost to the state to 
 establish credits. 

    (l) A replacement plan for wetlands is not required for 
 individual projects that result in the filling or draining of 
 wetlands for the repair, rehabilitation, reconstruction, or 
 replacement of a currently serviceable existing state, city, 
 county, or town public road necessary, as determined by the 
 public transportation authority, to meet state or federal design 
 or safety standards or requirements, excluding new roads or 
 roads expanded solely for additional traffic capacity lanes.  
 This paragraph only applies to authorities for public 
 transportation projects that: 

    (1) minimize the amount of wetland filling or draining 
 associated with the project and consider mitigating important 
 site-specific wetland functions on-site; 

    (2) except as provided in clause (3), submit 
 project-specific reports to the board, the technical evaluation 
 panel, the commissioner of natural resources, and members of the 
 public requesting a copy at least 30 days prior to construction 
 that indicate the location, amount, and type of wetlands to be 
 filled or drained by the project or, alternatively, convene an 
 annual meeting of the parties required to receive notice to 
 review projects to be commenced during the upcoming year; and 

    (3) for minor and emergency maintenance work impacting less 
 than 10,000 square feet, submit project-specific reports, within 
 30 days of commencing the activity, to the board that indicate 
 the location, amount, and type of wetlands that have been filled 
 or drained. 

    Those required to receive notice of public transportation 
 projects may appeal minimization, delineation, and on-site 
 mitigation decisions made by the public transportation authority 
 to the board according to the provisions of section 103G.2242, 
 subdivision 9.  The technical evaluation panel shall review 
 minimization and delineation decisions made by the public 
 transportation authority and provide recommendations regarding 
 on-site mitigation if requested to do so by the local government 
 unit, a contiguous landowner, or a member of the technical 
 evaluation panel. 

    Except for state public transportation projects, for which 
 the state department of transportation is responsible, the board 
 must replace the wetlands, and wetland areas of public waters if 
 authorized by the commissioner or a delegated authority, drained 
 or filled by public transportation projects on existing roads. 

    Public transportation authorities at their discretion may 
 deviate from federal and state design standards on existing road 
 projects when practical and reasonable to avoid wetland filling 
 or draining, provided that public safety is not unreasonably 
 compromised.  The local road authority and its officers and 
 employees are exempt from liability for any tort claim for 
 injury to persons or property arising from travel on the highway 
 and related to the deviation from the design standards for 
 construction or reconstruction under this paragraph.  This 
 paragraph does not preclude an action for damages arising from 
 negligence in construction or maintenance on a highway. 

    (m) If a landowner seeks approval of a replacement plan 
 after the proposed project has already affected the wetland, the 
 local government unit may require the landowner to replace the 
 affected wetland at a ratio not to exceed twice the replacement 
 ratio otherwise required. 

    (n) A local government unit may request the board to 
 reclassify a county or watershed on the basis of its percentage 
 of presettlement wetlands remaining.  After receipt of 
 satisfactory documentation from the local government, the board 
 shall change the classification of a county or watershed.  If 
 requested by the local government unit, the board must assist in 
 developing the documentation.  Within 30 days of its action to 
 approve a change of wetland classifications, the board shall 
 publish a notice of the change in the Environmental Quality 
 Board Monitor. 

    (o) One hundred citizens who reside within the jurisdiction 
 of the local government unit may request the local government 
 unit to reclassify a county or watershed on the basis of its 
 percentage of presettlement wetlands remaining.  In support of 
 their petition, the citizens shall provide satisfactory 
 documentation to the local government unit.  The local 
 government unit shall consider the petition and forward the 
 request to the board under paragraph (n) or provide a reason why 
 the petition is denied. 

    Subd. 2.    Road credit funding.  The board shall give 
 priority to restoration projects that: 

    (1) will encourage land use that leads to more compact 
 development or redevelopment; 

    (2) will encourage public or private infrastructure 
 investments which connect ecosystems and communities, attract 
 private sector investment in commercial or residential 
 properties adjacent to the public improvement; or 

    (3) are located in critical rural and urban watersheds. 

    Subd. 3.    Wetland replacement siting.  (a) Siting 
 wetland replacement must follow this priority order: 

    (1) on site or in the same minor watershed as the affected 
 wetland; 

    (2) in the same watershed as the affected wetland; 

    (3) in the same county as the affected wetland; 

    (4) in an adjacent watershed or county to the affected 
 wetland; and 

    (5) statewide, only for wetlands affected in greater than 
 80 percent areas and for public transportation projects, except 
 that wetlands affected in less than 50 percent areas must be 
 replaced in less than 50 percent areas, and wetlands affected in 
 the seven-county metropolitan area must be replaced in the 
 affected county or, if no restoration opportunities exist in the 
 county, in another seven-county metropolitan area county. 

    (b) The exception in paragraph (a), clause (5), does not 
 apply to replacement completed using wetland banking credits 
 established by a person who submitted a complete wetland banking 
 application to a local government unit by April 1, 1996. 

    (c) When reasonable, practicable, and environmentally 
 beneficial replacement opportunities are not available in siting 
 priorities listed in paragraph (a), the applicant may seek 
 opportunities at the next level. 

    (d) For the purposes of this section, "reasonable, 
 practicable, and environmentally beneficial replacement 
 opportunities" are defined as opportunities that: 

    (1) take advantage of naturally occurring 
 hydrogeomorphological conditions and require minimal landscape 
 alteration; 

    (2) have a high likelihood of becoming a functional wetland 
 that will continue in perpetuity; 

    (3) do not adversely affect other habitat types or 
 ecological communities that are important in maintaining the 
 overall biological diversity of the area; and 

    (4) are available and capable of being done after taking 
 into consideration cost, existing technology, and logistics 
 consistent with overall project purposes. 

    (e) Regulatory agencies, local government units, and other 
 entities involved in wetland restoration shall collaborate to 
 identify potential replacement opportunities within their 
 jurisdictional areas. 

    HIST: 1991 c 354 art 6 s 8; 1993 c 175 s 2; 1994 c 627 s 3; 
 1996 c 462 s 24; 2000 c 382 s 5 

     103G.223 Calcareous fens. 

    Calcareous fens, as identified by the commissioner, may not 
 be filled, drained, or otherwise degraded, wholly or partially, 
 by any activity, unless the commissioner, under an approved 
 management plan, decides some alteration is necessary. 

    HIST: 1991 c 354 art 6 s 9 

     103G.2241 Exemptions. 

    Subdivision 1.    Agricultural activities.  (a) A 
 replacement plan for wetlands is not required for: 

    (1) activities in a wetland that was planted with annually 
 seeded crops, was in a crop rotation seeding of pasture grass or 
 legumes, or was required to be set aside to receive price 
 support or other payments under United States Code, title 7, 
 sections 1421 to 1469, in six of the last ten years prior to 
 January 1, 1991; 

    (2) activities in a wetland that is or has been enrolled in 
 the federal conservation reserve program under United States 
 Code, title 16, section 3831, that: 

    (i) was planted with annually seeded crops, was in a crop 
 rotation seeding, or was required to be set aside to receive 
 price support or payment under United States Code, title 7, 
 sections 1421 to 1469, in six of the last ten years prior to 
 being enrolled in the program; and 

    (ii) has not been restored with assistance from a public or 
 private wetland restoration program; 

    (3) activities in a wetland that has received a commenced 
 drainage determination provided for by the federal Food Security 
 Act of 1985, that was made to the county agricultural 
 stabilization and conservation service office prior to September 
 19, 1988, and a ruling and any subsequent appeals or reviews 
 have determined that drainage of the wetland had been commenced 
 prior to December 23, 1985; 

    (4) activities in a type 1 wetland on agricultural land, 
 except for bottomland hardwood type 1 wetlands, and activities 
 in a type 2 or type 6 wetland that is less than two acres in 
 size and located on agricultural land; 

    (5) aquaculture activities including pond excavation and 
 construction and maintenance of associated access roads and 
 dikes authorized under, and conducted in accordance with, a 
 permit issued by the United States Army Corps of Engineers under 
 section 404 of the federal Clean Water Act, United States Code, 
 title 33, section 1344, but not including construction or 
 expansion of buildings; 

    (6) wild rice production activities, including necessary 
 diking and other activities authorized under a permit issued by 
 the United States Army Corps of Engineers under section 404 of 
 the federal Clean Water Act, United States Code, title 33, 
 section 1344; 

    (7) normal agricultural practices to control noxious or 
 secondary weeds as defined by rule of the commissioner of 
 agriculture, in accordance with applicable requirements under 
 state and federal law, including established best management 
 practices; and 

    (8) agricultural activities in a wetland that is on 
 agricultural land: 

    (i) annually enrolled in the federal Agriculture 
 Improvement and Reform Act of 1996 and is subject to United 
 States Code, title 16, sections 3821 to 3823, in effect on 
 January 1, 2000; or 

    (ii) subject to subsequent federal farm program 
 restrictions that meet minimum state standards under this 
 chapter and sections 103A.202 and 103B.3355 and that have been 
 approved by the board of water and soil resources, the 
 commissioners of natural resources and agriculture, and the 
 pollution control agency. 

    (b) Land enrolled in a federal farm program under paragraph 
 (a), clause (8), is eligible for easement participation for 
 those acres not already compensated under a federal program. 

    (c) The exemption under paragraph (a), clause (4), may be 
 expanded to additional acreage, including types 1, 2, and 6 
 wetlands that are part of a larger wetland system, when the 
 additional acreage is part of a conservation plan approved by 
 the local soil and water conservation district, the additional 
 draining or filling is necessary for efficient operation of the 
 farm, the hydrology of the larger wetland system is not 
 adversely affected, and wetlands other than types 1, 2, and 6 
 are not drained or filled. 

    Subd. 2.    Drainage.  (a) For the purposes of this 
 subdivision, "public drainage system" means a drainage system as 
 defined in section 103E.005, subdivision 12, and any ditch or 
 tile lawfully connected to the drainage system. 

    (b) A replacement plan is not required for draining of type 
 1 wetlands, or up to five acres of type 2 or 6 wetlands, in an 
 unincorporated area on land that has been assessed drainage 
 benefits for a public drainage system, provided that: 

    (1) during the 20-year period that ended January 1, 1992: 

    (i) there was an expenditure made from the drainage system 
 account for the public drainage system; 

    (ii) the public drainage system was repaired or maintained 
 as approved by the drainage authority; or 

    (iii) no repair or maintenance of the public drainage 
 system was required under section 103E.705, subdivision 1, as 
 determined by the public drainage authority; and 

    (2) the wetlands are not drained for conversion to: 

    (i) platted lots; 

    (ii) planned unit, commercial, or industrial developments; 
 or 

    (iii) any development with more than one residential unit 
 per 40 acres. 

 If wetlands drained under this paragraph are converted to uses 
 prohibited under clause (2) during the ten-year period following 
 drainage, the wetlands must be replaced under section 103G.222. 

    (c) A replacement plan is not required for draining or 
 filling of wetlands, except for draining types 3, 4, and 5 
 wetlands that have been in existence for more than 25 years, 
 resulting from maintenance and repair of existing public 
 drainage systems. 

    (d) A replacement plan is not required for draining or 
 filling of wetlands, except for draining wetlands that have been 
 in existence for more than 25 years, resulting from maintenance 
 and repair of existing drainage systems other than public 
 drainage systems. 

    (e) A replacement plan is not required for draining or 
 filling of wetlands resulting from activities conducted as part 
 of a public drainage system improvement project that received 
 final approval from the drainage authority before July 1, 1991, 
 and after July 1, 1986, if: 

    (1) the approval remains valid; 

    (2) the project remains active; and 

    (3) no additional drainage will occur beyond that 
 originally approved. 

    (f) The public drainage authority may, as part of the 
 repair, install control structures, realign the ditch, construct 
 dikes along the ditch, or make other modifications as necessary 
 to prevent drainage of the wetland. 

    (g) Wetlands of all types that would be drained as a part 
 of a public drainage repair project are eligible for the 
 permanent wetlands preserve under section 103F.516.  The board 
 shall give priority to acquisition of easements on types 3, 4, 
 and 5 wetlands that have been in existence for more than 25 
 years on public drainage systems and other wetlands that have 
 the greatest risk of drainage from a public drainage repair 
 project. 

    Subd. 3.    Federal approvals.  A replacement plan for 
 wetlands is not required for: 

    (1) activities exempted from federal regulation under 
 United States Code, title 33, section 1344(f), as in effect on 
 January 1, 1991; 

    (2) activities authorized under, and conducted in 
 accordance with, an applicable general permit issued by the 
 United States Army Corps of Engineers under section 404 of the 
 federal Clean Water Act, United States Code, title 33, section 
 1344, except the nationwide permit in Code of Federal 
 Regulations, title 33, section 330.5, paragraph (a), clauses 
 (14), limited to when a new road crosses a wetland, and (26), as 
 in effect on January 1, 1991; or 

    (3) activities authorized under the federal Clean Water 
 Act, section 404, or the Rivers and Harbors Act, section 10, 
 regulations that meet minimum state standards under this chapter 
 and sections 103A.202 and 103B.3355 and that have been approved 
 by the board of water and soil resources, the commissioners of 
 natural resources and agriculture, and the pollution control 
 agency. 

    Subd. 4.    Wetland restoration.  A replacement plan for 
 wetlands is not required for activities in a wetland restored 
 for conservation purposes under a contract or easement providing 
 the landowner with the right to drain the restored wetland. 

    Subd. 5.    Incidental wetlands.  A replacement plan for 
 wetlands is not required for activities in a wetland created 
 solely as a result of: 

    (1) beaver dam construction; 

    (2) blockage of culverts through roadways maintained by a 
 public or private entity; 

    (3) actions by public or private entities that were taken 
 for a purpose other than creating the wetland; or 

    (4) any combination of clauses (1) to (3). 

    Subd. 6.    Utilities; public works.  A replacement plan 
 for wetlands is not required for: 

    (1) placement, maintenance, repair, enhancement, or 
 replacement of utility or utility-type service if: 

    (i) the impacts of the proposed project on the hydrologic 
 and biological characteristics of the wetland have been avoided 
 and minimized to the extent possible; and 

    (ii) the proposed project significantly modifies or alters 
 less than one-half acre of wetlands; 

    (2) activities associated with routine maintenance of 
 utility and pipeline rights-of-way, provided the activities do 
 not result in additional intrusion into the wetland; 

    (3) alteration of a wetland associated with the operation, 
 maintenance, or repair of an interstate pipeline within all 
 existing or acquired interstate pipeline rights-of-way; 

    (4) emergency repair and normal maintenance and repair of 
 existing public works, provided the activity does not result in 
 additional intrusion of the public works into the wetland and 
 does not result in the draining or filling, wholly or partially, 
 of a wetland; 

    (5) normal maintenance and minor repair of structures 
 causing no additional intrusion of an existing structure into 
 the wetland, and maintenance and repair of private crossings 
 that do not result in the draining or filling, wholly or 
 partially, of a wetland; or 

    (6) repair and updating of existing individual sewage 
 treatment systems as necessary to comply with local, state, and 
 federal regulations. 

    Subd. 7.    Forestry.  A replacement plan for wetlands 
 is not required for: 

    (1) temporarily crossing or entering a wetland to perform 
 silvicultural activities, including timber harvest as part of a 
 forest management activity, so long as the activity limits the 
 impact on the hydrologic and biologic characteristics of the 
 wetland; the activities do not result in the construction of 
 dikes, drainage ditches, tile lines, or buildings; and the 
 timber harvesting and other silvicultural practices do not 
 result in the drainage of the wetland or public waters; or 

    (2) permanent access for forest roads across wetlands so 
 long as the activity limits the impact on the hydrologic and 
 biologic characteristics of the wetland; the construction 
 activities do not result in the access becoming a dike, drainage 
 ditch, or tile line; filling is avoided wherever possible; and 
 there is no drainage of the wetland or public waters. 

    Subd. 8.    Approved development.  A replacement plan 
 for wetlands is not required for development projects and ditch 
 improvement projects in the state that have received preliminary 
 or final plat approval or have infrastructure that has been 
 installed or has local site plan approval, conditional use 
 permits, or similar official approval by a governing body or 
 government agency, within five years before July 1, 1991.  As 
 used in this subdivision, "infrastructure" means public water 
 facilities, storm water and sanitary sewer piping, outfalls, 
 inlets, culverts, bridges, and any other work defined 
 specifically by a local government unit as constituting a 
 capital improvement to a parcel within the context of an 
 approved development plan. 

    Subd. 9.    De minimis.  (a) Except as provided in 
 paragraphs (b) and (c), a replacement plan for wetlands is not 
 required for draining or filling the following amounts of 
 wetlands as part of a project: 

    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, 
 excluding white cedar and tamarack wetlands, outside of the 
 shoreland wetland protection zone in a greater than 80 percent 
 area; 

    (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, 
 excluding white cedar and tamarack wetlands, outside of the 
 shoreland wetland protection zone in a 50 to 80 percent area; 

    (3) 2,000 square feet of type 1, 2, or 6 wetland, outside 
 of the shoreland wetland protection zone in a less than 50 
 percent area; 

    (4) 400 square feet of wetland types not listed in clauses 
 (1) to (3) outside of shoreland wetland protection zones in all 
 counties; or 

    (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 
 wetland, in the shoreland wetland protection zone, except that 
 in a greater than 80 percent area, the local government unit may 
 increase the de minimis amount up to 1,000 square feet in the 
 shoreland protection zone in areas beyond the building setback 
 if the wetland is isolated and is determined to have no direct 
 surficial connection to the public water.  To the extent that a 
 local shoreland management ordinance is more restrictive than 
 this provision, the local shoreland ordinance applies. 

    (b) The amounts listed in paragraph (a), clauses (1) to 
 (5), may not be combined on a project. 

    (c) This exemption no longer applies to a landowner's 
 portion of a wetland when the cumulative area drained or filled 
 of the landowner's portion since January 1, 1992, is the 
 greatest of: 

    (1) the applicable area listed in paragraph (a), if the 
 landowner owns the entire wetland; 

    (2) five percent of the landowner's portion of the wetland; 
 or 

    (3) 400 square feet. 

    (d) This exemption may not be combined with another 
 exemption in this section on a project. 

    Subd. 10.    Wildlife habitat.  A replacement plan for 
 wetlands is not required for: 

    (1) deposition of spoil resulting from excavation within a 
 wetland for a wildlife habitat improvement project, if: 

    (i) the area of deposition does not exceed five percent of 
 the wetland area or one-half acre, whichever is less, and the 
 spoil is stabilized and permanently seeded to prevent erosion; 

    (ii) the project does not have an adverse impact on any 
 species designated as endangered or threatened under state or 
 federal law; and 

    (iii) the project will provide wildlife habitat improvement 
 as certified by the soil and water conservation district; or 

    (2) duck blinds. 

    Subd. 11.    Exemption conditions.  (a) A person 
 conducting an activity in a wetland under an exemption in 
 subdivisions 1 to 10 shall ensure that: 

    (1) appropriate erosion control measures are taken to 
 prevent sedimentation of the water; 

    (2) the activity does not block fish passage in a 
 watercourse; and 

    (3) the activity is conducted in compliance with all other 
 applicable federal, state, and local requirements, including 
 best management practices and water resource protection 
 requirements established under chapter 103H. 

    (b) An activity is exempt if it qualifies for any one of 
 the exemptions, even though it may be indicated as not exempt 
 under another exemption. 

    (c) Persons proposing to conduct an exempt activity are 
 encouraged to contact the local government unit or the local 
 government unit's designee for advice on minimizing wetland 
 impacts. 

    HIST: 1991 c 354 art 6 s 10; 1993 c 175 s 3; 1993 c 226 s 20; 
 1994 c 627 s 4; 1996 c 462 s 25; 2000 c 382 s 6-8 

     103G.2242 Wetland value replacement plans. 

    Subdivision 1.    Rules.  (a) The board, in consultation 
 with the commissioner, shall adopt rules governing the approval 
 of wetland value replacement plans under this section and public 
 waters work permits affecting public waters wetlands under 
 section 103G.245.  These rules must address the criteria, 
 procedure, timing, and location of acceptable replacement of 
 wetland values; may address the state establishment and 
 administration of a wetland banking program for public and 
 private projects, which may include provisions allowing monetary 
 payment to the wetland banking program for alteration of 
 wetlands on agricultural land; the administrative, monitoring, 
 and enforcement procedures to be used; and a procedure for the 
 review and appeal of decisions under this section.  In the case 
 of peatlands, the replacement plan rules must consider the 
 impact on carbon balance described in the report required by 
 Laws 1990, chapter 587, and include the planting of trees or 
 shrubs. 

    (b) After the adoption of the rules, a replacement plan 
 must be approved by a resolution of the governing body of the 
 local government unit, consistent with the provisions of the 
 rules or a comprehensive wetland protection and management plan 
 approved under section 103G.2243. 

    (c) If the local government unit fails to apply the rules, 
 or fails to implement a local comprehensive wetland protection 
 and management plan established under section 103G.2243, the 
 government unit is subject to penalty as determined by the board.

    Subd. 2.    Evaluation.  (a) Questions concerning the 
 public value, location, size, or type of a wetland shall be 
 submitted to and determined by a technical evaluation panel 
 after an on-site inspection.  The technical evaluation panel 
 shall be composed of a technical professional employee of the 
 board, a technical professional employee of the local soil and 
 water conservation district or districts, a technical 
 professional with expertise in water resources management 
 appointed by the local government unit, and a technical 
 professional employee of the department of natural resources for 
 projects affecting public waters or wetlands adjacent to public 
 waters.  The panel shall use the "United States Army Corps of 
 Engineers Wetland Delineation Manual" (January 1987), including 
 updates, supplementary guidance, and replacements, if any, 
 "Wetlands of the United States" (United States Fish and Wildlife 
 Service Circular 39, 1971 edition), and "Classification of 
 Wetlands and Deepwater Habitats of the United States" (1979 
 edition).  The panel shall provide the wetland determination and 
 recommendations on other technical matters to the local 
 government unit that must approve a replacement plan, wetland 
 banking plan, exemption determination, no-loss determination, or 
 wetland boundary or type determination and may recommend 
 approval or denial of the plan.  The authority must consider and 
 include the decision of the technical evaluation panel in their 
 approval or denial of a plan or determination. 

    (b) Persons conducting wetland or public waters boundary 
 delineations or type determinations are exempt from the 
 requirements of chapter 326.  By January 15, 2001, the board, in 
 consultation with the Minnesota Association of Professional Soil 
 Scientists, the University of Minnesota, and the Wetland 
 Delineators' Association, shall submit a plan for a professional 
 wetland delineator certification program to the legislature. 

    Subd. 2a.    Wetland boundary or type determination.  
 (a) A landowner may apply for a wetland boundary or type 
 determination from the local government unit.  The landowner 
 applying for the determination is responsible for submitting 
 proof necessary to make the determination, including, but not 
 limited to, wetland delineation field data, observation well 
 data, topographic mapping, survey mapping, and information 
 regarding soils, vegetation, hydrology, and groundwater both 
 within and outside of the proposed wetland boundary. 

    (b) A local government unit that receives an application 
 under paragraph (a) may seek the advice of the technical 
 evaluation panel as described in subdivision 2, and, if 
 necessary, expand the technical evaluation panel.  The local 
 government unit may delegate the decision authority for wetland 
 boundary or type determinations with the zoning administrator, 
 or establish other procedures it considers appropriate. 

    (c) The local government unit decision must be made in 
 compliance with section 15.99.  Within ten calendar days of the 
 decision, the local government unit decision must be mailed to 
 the landowner, members of the technical evaluation panel, the 
 watershed district or watershed management organization, if one 
 exists, and individual members of the public who request a copy. 

    (d) The local government unit decision is valid for three 
 years unless the technical evaluation panel determines that 
 natural or artificial changes to the hydrology, vegetation, or 
 soils of the area have been sufficient to alter the wetland 
 boundary or type. 

    Subd. 3.    Replacement completion.  Replacement of 
 wetland values must be completed prior to or concurrent with the 
 actual draining or filling of a wetland, or an irrevocable bank 
 letter of credit or other security acceptable to the local 
 government unit must be given to the local government unit to 
 guarantee the successful completion of the replacement.  

    Subd. 4.    Decision.  Upon receiving and considering 
 all required data, the local government unit reviewing 
 replacement plan applications, banking plan applications, and 
 exemption or no-loss determination requests must act on all 
 replacement plan applications, banking plan applications, and 
 exemption or no-loss determination requests in compliance with 
 section 15.99. 

    Subd. 5.    Processing fee.  The local government unit 
 and soil and water conservation district may charge processing 
 fees in amounts not greater than are necessary to cover the 
 reasonable costs of implementing the rules adopted under 
 subdivision 1 and for technical and administrative assistance to 
 landowners in processing other applications for projects 
 affecting wetlands.  

    Subd. 6.    Notice of application.  (a) Except as 
 provided in paragraph (b), within ten days of receiving an 
 application for approval of a replacement plan under this 
 section, copies of the complete application must be mailed to 
 the members of the technical evaluation panel, the managers of 
 the watershed district if one exists, and the commissioner of 
 natural resources.  Individual members of the public who request 
 a copy shall be provided information to identify the applicant 
 and the location and scope of the project. 

    (b) Within ten days of receiving an application for 
 approval of a replacement plan under this section for an 
 activity affecting less than 10,000 square feet of wetland, a 
 summary of the application must be mailed to the members of the 
 technical evaluation panel, individual members of the public who 
 request a copy, and the commissioner of natural resources. 

    (c) For the purpose of this subdivision, "application" 
 includes a revised application for replacement plan approval and 
 an application for a revision to an approved replacement plan if:

    (1) the wetland area to be drained or filled under the 
 revised replacement plan is at least ten percent larger than the 
 area to be drained or filled under the original replacement 
 plan; or 

    (2) the wetland area to be drained or filled under the 
 revised replacement is located more than 500 feet from the area 
 to be drained or filled under the original replacement plan. 

    Subd. 7.    Notice of decision.  Within ten days of the 
 approval or denial of a replacement plan under this section, a 
 summary of the approval or denial must be mailed to members of 
 the technical evaluation panel, the applicant, individual 
 members of the public who request a copy, the managers of the 
 watershed district, if one exists, and the commissioner of 
 natural resources. 

    Subd. 8.    Public comment period.  Except for 
 activities impacting less than 10,000 square feet of wetland, 
 before approval or denial of a replacement plan under this 
 section, comments may be made by the public to the local 
 government unit for a period of 15 days or more, as determined 
 by the local government unit. 

    Subd. 9.    Appeal.  (a) Appeal of a replacement plan, 
 exemption, wetland banking, wetland boundary or type 
 determination, or no-loss decision may be obtained by mailing a 
 petition and payment of a filing fee of $200, which shall be 
 retained by the board to defray administrative costs, to the 
 board within 30 days after the postmarked date of the mailing 
 specified in subdivision 7.  If appeal is not sought within 30 
 days, the decision becomes final.  The local government unit may 
 require the petitioner to post a letter of credit, cashier's 
 check, or cash in an amount not to exceed $500.  If the petition 
 for hearing is accepted, the amount posted must be returned to 
 the petitioner.  Appeal may be made by: 

    (1) the wetland owner; 

    (2) any of those to whom notice is required to be mailed 
 under subdivision 7; or 

    (3) 100 residents of the county in which a majority of the 
 wetland is located.  

    (b) Within 30 days after receiving a petition, the board 
 shall decide whether to grant the petition and hear the appeal.  
 The board shall grant the petition unless the board finds that: 

    (1) the appeal is meritless, trivial, or brought solely for 
 the purposes of delay; 

    (2) the petitioner has not exhausted all local 
 administrative remedies; 

    (3) expanded technical review is needed; 

    (4) the local government unit's record is not adequate; or 

    (5) the petitioner has not posted a letter of credit, 
 cashier's check, or cash if required by the local government 
 unit.  

    (c) In determining whether to grant the appeal, the board 
 shall also consider the size of the wetland, other factors in 
 controversy, any patterns of similar acts by the local 
 government unit or petitioner, and the consequences of the delay 
 resulting from the appeal.  

    (d) All appeals must be heard by the committee for dispute 
 resolution of the board, and a decision made within 60 days of 
 filing the local government unit's record and the written briefs 
 submitted for the appeal.  The decision must be served by mail 
 on the parties to the appeal, and is not subject to the 
 provisions of chapter 14.  A decision whether to grant a 
 petition for appeal and a decision on the merits of an appeal 
 must be considered the decision of an agency in a contested case 
 for purposes of judicial review under sections 14.63 to 14.69. 

    Subd. 10.    Local requirements.  The rules adopted 
 under subdivision 1 shall allow for local government units to 
 use their own notice and public comment procedures so long as 
 the requirements of this section are satisfied. 

    Subd. 11. Expired. 

    Subd. 12.    Replacement credits.  (a) No public or 
 private wetland restoration, enhancement, or construction may be 
 allowed for replacement unless specifically designated for 
 replacement and paid for by the individual or organization 
 performing the wetland restoration, enhancement, or 
 construction, and is completed prior to any draining or filling 
 of the wetland. 

    (b) Paragraph (a) does not apply to a wetland whose owner 
 has paid back with interest the individual or organization 
 restoring, enhancing, or constructing the wetland. 

    (c) Notwithstanding section 103G.222, subdivision 1, 
 paragraph (h), the following actions, and others established in 
 rule, that are consistent with criteria in rules adopted by the 
 board in conjunction with the commissioners of natural resources 
 and agriculture, are eligible for replacement credit as 
 determined by the local government unit, including enrollment in 
 a statewide wetlands bank: 

    (1) reestablishment of permanent native, noninvasive 
 vegetative cover on a wetland on agricultural land that was 
 planted with annually seeded crops, was in a crop rotation 
 seeding of pasture grasses or legumes, or was in a land 
 retirement program during the past ten years; 

    (2) buffer areas of permanent native, noninvasive 
 vegetative cover established or preserved on upland adjacent to 
 replacement wetlands; 

    (3) wetlands restored for conservation purposes under 
 terminated easements or contracts; and 

    (4) water quality treatment ponds constructed to pretreat 
 storm water runoff prior to discharge to wetlands, public 
 waters, or other water bodies, provided that the water quality 
 treatment ponds must be associated with an ongoing or proposed 
 project that will impact a wetland and replacement credit for 
 the treatment ponds is based on the replacement of wetland 
 functions and on an approved stormwater management plan for the 
 local government.  

    (d) Notwithstanding section 103G.222, subdivision 1, 
 paragraphs (e) and (f), the board may establish by rule 
 different replacement ratios for restoration projects with 
 exceptional natural resource value. 

    Subd. 13. Repealed, 1996 c 462 s 44 

    HIST: 1991 c 354 art 6 s 11; 1993 c 175 s 4,5; 1994 c 627 s 
 5-9; 1996 c 462 s 26-32; 1998 c 312 s 4; 2000 c 382 s 9-14; 2001 
 c 7 s 25; 2001 c 146 s 6,7 

     103G.2243 Local comprehensive wetland protection and 
  management plans. 

    Subdivision 1.    General requirements; notice and 
 participation.  (a) As an alternative to the rules adopted 
 under section 103G.2242, subdivision 1, and the public value 
 criteria established or approved under section 103B.3355, a 
 comprehensive wetland protection and management plan may be 
 developed by a local government unit, or one or more local 
 government units operating under a joint powers agreement, 
 provided that: 

    (1) a notice is made at the beginning of the planning 
 process to the board, the commissioner of natural resources, the 
 pollution control agency, the commissioner of agriculture, local 
 government units, and local citizens to actively participate in 
 the development of the plan; and 

    (2) the plan is implemented by ordinance as part of the 
 local government's official controls under chapter 394, for a 
 county; chapter 462, for a city; chapter 366, for a town; and by 
 rules adopted under chapter 103D, for a watershed district; and 
 chapter 103B, for a watershed management organization. 

    (b) An organization that is invited to participate in the 
 development of the local plan, but declines to do so and fails 
 to participate or to provide written comments during the local 
 review process, waives the right during board review to submit 
 comments, except comments concerning consistency of the plan 
 with laws and rules administered by that agency.  In determining 
 the merit of an agency comment, the board shall consider the 
 involvement of the agency in the development of the local plan. 

    Subd. 2.    Plan contents.  A comprehensive wetland 
 protection and management plan may: 

    (1) provide for classification of wetlands in the plan area 
 based on: 

    (i) an inventory of wetlands in the plan area; 

    (ii) an assessment of the wetland functions listed in 
 section 103B.3355, using a methodology chosen by the technical 
 evaluation panel from one of the methodologies established or 
 approved by the board under that section; and 

    (iii) the resulting public values; 

    (2) vary application of the sequencing standards in section 
 103G.222, subdivision 1, paragraph (b), for projects based on 
 the classification and criteria set forth in the plan; 

    (3) vary the replacement standards of section 103G.222, 
 subdivision 1, paragraphs (e) and (f), based on the 
 classification and criteria set forth in the plan, for specific 
 wetland impacts provided there is no net loss of public values 
 within the area subject to the plan, and so long as: 

    (i) in a 50 to 80 percent area, a minimum acreage 
 requirement of one acre of replaced wetland for each acre of 
 drained or filled wetland requiring replacement is met within 
 the area subject to the plan; and 

    (ii) in a less than 50 percent area, a minimum acreage 
 requirement of two acres of replaced wetland for each acre of 
 drained or filled wetland requiring replacement is met within 
 the area subject to the plan, except that replacement for the 
 amount above a 1:1 ratio can be accomplished as described in 
 section 103G.2242, subdivision 12; 

    (4) in a greater than 80 percent area, allow replacement 
 credit, based on the classification and criteria set forth in 
 the plan, for any project that increases the public value of 
 wetlands, including activities on adjacent upland acres; and 

    (5) in a greater than 80 percent area, based on the 
 classification and criteria set forth in the plan, expand the 
 application of the exemptions in section 103G.2241, subdivision 
 1, paragraph (a), clause (4), to also include nonagricultural 
 land, provided there is no net loss of wetland values. 

    Subd. 3.    Board review and approval; mediation; judicial 
 review.  (a) The plan is deemed approved 60 days after the 
 local government submits the final plan to the board, unless the 
 board disagrees with the plan as provided in paragraph (d). 

    (b) The board may not disapprove a plan if the board 
 determines the plan meets the requirements of this section. 

    (c) In its review of a plan, the board shall advise the 
 local government unit of those elements of the plan that are 
 more restrictive than state law and rules for purposes of 
 section 103G.237, subdivision 5. 

    (d) If the board disagrees with the plan or any elements of 
 the plan, the board shall, in writing, notify the local 
 government of the plan deficiencies and suggested changes.  The 
 board shall include in the response to the local government the 
 scientific justification, if applicable, for the board's 
 concerns with the plan.  Upon receipt of the board's concerns 
 with the plan, the local government has 60 days to revise the 
 plan and resubmit the plan to the board for reconsideration, or 
 the local government may request a hearing before the board.  
 The board shall hold a hearing within the boundaries of the 
 jurisdiction of the local government within 60 days of the 
 request for hearing.  After the hearing, the board shall, within 
 60 days, prepare a report of its decision and inform the local 
 government. 

    (e) If, after the hearing, the board and local government 
 disagree on the plan, the board shall, within 60 days, initiate 
 mediation through a neutral party.  If the board and local 
 government unit agree in writing not to use mediation or the 
 mediation does not result in a resolution of the differences 
 between the parties, then the board may commence a declaratory 
 judgment action in the district court of the county where the 
 local government unit is located.  If the board does not 
 commence a declaratory judgment action within the applicable 
 60-day period, the plan is deemed approved. 

    (f) The declaratory judgment action must be commenced 
 within 60 days after the date of the written agreement not to 
 use mediation or 60 days after conclusion of the mediation.  If 
 the board commences a declaratory judgment action, the district 
 court shall review the board's record of decision and the record 
 of decision of the local government unit.  The district court 
 shall affirm the plan if it meets the requirements of this 
 section. 

    Subd. 4.    Effective date; replacement decisions.  (a) 
 The plan becomes effective as provided in subdivision 3, 
 paragraphs (d) to (f), and after adoption of the plan into the 
 official controls of the local government. 

    (b) After the effective date of a plan, a local government 
 unit shall make replacement decisions consistent with the plan. 

    Subd. 5.    Plan amendments.  Amendments to the plan 
 become effective upon completion of the same process required 
 for the original plan. 

    Subd. 6.    Water planning processes apply.  Except as 
 otherwise provided for in this section, all other requirements 
 relating to development of the plan must be consistent with the 
 water plan processes under sections 103B.231 and 103B.311. 

    HIST: 1996 c 462 s 33; 1997 c 2 s 9; 1998 c 312 s 5; 2001 c 7 
 s 26 

     103G.2244 Wetland creation or restoration within 
  pipeline easement. 

    A person proposing to create or restore a wetland within 
 the easement of a pipeline as defined in section 299J.02, 
 subdivision 11, shall first notify the easement holder and the 
 director of the office of pipeline safety in writing.  The 
 person may not create or restore the wetland if, within 90 days 
 after receiving the required notice, the easement holder or the 
 director of the office of pipeline safety provides to the person 
 a written notice of objection that includes the reasons for the 
 objection. 

    HIST: 1996 c 462 s 34 

     103G.225 State wetlands and public drainage systems. 

    If the state owns public waters wetlands on or adjacent to 
 existing public drainage systems, the state shall consider the 
 use of the public waters wetlands as part of the drainage 
 system.  If the public waters wetlands interfere with or prevent 
 the authorized functioning of the public drainage system, the 
 state shall provide for necessary work to allow proper use and 
 maintenance of the drainage system while still preserving the 
 public waters wetlands.  

    HIST: 1990 c 391 art 7 s 18; 1991 c 354 art 6 s 12 

     103G.231 Property owner's use of public waters wetlands. 

    Subdivision 1.    Agricultural use during drought.  A 
 property owner may use the bed of public waters wetlands for 
 pasture or cropland during periods of drought if: 

    (1) dikes, ditches, tile lines, or buildings are not 
 constructed; and 

    (2) the agricultural use does not result in the drainage of 
 the public waters wetlands.  

    Subd. 2.    Filling public waters wetlands for irrigation 
 booms.  A landowner may fill a public waters wetland to 
 accommodate wheeled booms on irrigation devices if the fill does 
 not impede normal drainage.  

    Subd. 3.    Peat mining.  Peat mining, as defined in 
 section 93.461, is permitted subject to the mine permit and 
 reclamation requirements of sections 93.44 to 93.51, and the 
 rules adopted under those restrictions, except as provided for 
 in sections 84.035 and 84.036. 

    HIST: 1990 c 391 art 7 s 19; 1991 c 354 art 6 s 13; art 8 s 3 

     103G.235 Restrictions on access to public waters 
  wetlands. 

    To protect the public health or safety, local units of 
 government may by ordinance restrict public access to public 
 waters wetlands from municipality, county, or township roads 
 that abut public waters wetlands. 

    HIST: 1990 c 391 art 7 s 20; 1991 c 354 art 6 s 14 

     103G.2364 Property owner's use of wetlands. 

    (a) A property owner may use the bed of wetlands for 
 pasture or cropland during periods of drought if:  

    (1) dikes, ditches, tile lines, or buildings are not 
 constructed; and 

    (2) the agricultural use does not result in the drainage of 
 the wetlands.  

    (b) A landowner may fill a wetland to accommodate wheeled 
 booms on irrigation devices if the fill does not impede normal 
 drainage.  

    HIST: 1991 c 354 art 6 s 15 

     103G.2365 Control of noxious weeds. 

    Noxious weeds, as defined in section 18.77, subdivision 8, 
 must be controlled on wetlands as required in section 18.78. 

    HIST: 1991 c 354 art 6 s 16; 1995 c 186 s 30 

  103G.2369 Repealed, 1991 354 art 7 s 2; 1993 c 175 s 7 

     103G.237 Compensation for loss of private use. 

    Subdivision 1.    General.  A person whose replacement 
 plan is not approved must be compensated as provided in this 
 section.  The person may drain or fill the wetland without an 
 approved replacement plan if the person: 

    (1) is eligible for compensation under subdivision 2; 

    (2) applies for compensation in accordance with subdivision 
 3; and 

    (3) does not receive the compensation required in 
 subdivision 4 within 90 days after the application for 
 compensation is received by the board.  

    Subd. 2.    Eligibility.  A person is eligible for 
 compensation if: 

    (1) the person applies for replacement plan approval under 
 section 103G.2242; 

    (2) the replacement plan is not approved or the plan 
 conditions make the proposed use unworkable or not feasible; 

    (3) the person appeals the disapproval of the plan; 

    (4) the proposed use would otherwise be allowed under 
 federal, state, and local laws, rules, ordinances, and other 
 legal requirements; 

    (5) the person has suffered or will suffer damages; 

    (6) disallowing the proposed use will enhance the public 
 value of the wetland; and 

    (7) the person applies to the board for compensation.  

    Subd. 3.    Application.  An application for 
 compensation must be made on forms prescribed by the board and 
 include:  

    (1) the location and public value of the wetland where the 
 use was proposed; 

    (2) a description and reason for the proposed wetland use; 
 and 

    (3) the objection to the replacement plan, if any. 

    Subd. 4.    Compensation.  (a) The board shall award 
 compensation in an amount equal to the greater of: 

    (1) 50 percent of the value of the wetland, calculated by 
 multiplying the acreage of the wetland by the greater of: 

    (i) the average equalized estimated market value of 
 agricultural property in the township as established by the 
 commissioner of revenue at the time application for compensation 
 is made; or 

    (ii) the assessed value per acre of the parcel containing 
 the wetland, based on the assessed value of the parcel as stated 
 on the most recent tax statement; or 

    (2) $200 per acre of wetland subject to the replacement 
 plan, increased or decreased by the percentage change of the 
 assessed valuation of land in the township where the wetland is 
 located from the 1995 valuation. 

    (b) A person who receives compensation under paragraph (a) 
 shall convey to the board a permanent conservation easement as 
 described in section 103F.515, subdivision 4.  An easement 
 conveyed under this paragraph is subject to correction and 
 enforcement under section 103F.515, subdivisions 8 and 9. 

    Subd. 5.    Compensation claims against local government 
 units.  (a) At the request of a local government unit against 
 which a compensation action is brought based at least in part on 
 the local government unit's application of this section or 
 section 103G.222, 103G.2241, 103G.2242, 103G.2243, or 103G.2372, 
 or rules adopted by the board to implement these sections, the 
 state, through the attorney general, shall intervene in the 
 action on behalf of the local government unit and shall 
 thereafter be considered a defendant in the action.  A local 
 government unit making a request under this paragraph shall 
 provide the attorney general with a copy of the complaint as 
 soon as possible after being served.  If requested by the 
 attorney general, the court shall grant additional time to file 
 an answer equal to the time between service of the complaint on 
 the local government unit and receipt of the complaint by the 
 attorney general. 

    (b) The state is liable for costs, damages, fees, and 
 compensation awarded in the action based on the local government 
 unit's adoption or implementation of standards that are required 
 by state law, as determined by the court.  The local government 
 unit is liable for costs, damages, fees, and compensation 
 awarded in the action based on local standards that are more 
 restrictive than state law and rules. 

    (c) For the purposes of this subdivision, "compensation 
 action" means an action in which the plaintiff seeks 
 compensation for a taking of private property under the state or 
 federal constitution. 

    HIST: 1991 c 354 art 6 s 17; 1994 c 627 s 10; 1996 c 462 s 
 35,36 

     103G.2372 Enforcement. 

    Subdivision 1.    Commissioner of natural resources.  
 The commissioner of natural resources, conservation officers, 
 and peace officers shall enforce laws preserving and protecting 
 wetlands and public waters.  The commissioner of natural 
 resources, a conservation officer, or a peace officer may issue 
 a cease and desist order to stop any illegal activity adversely 
 affecting a wetland or public waters.  In the order, or by 
 separate order, the commissioner, conservation officer, or peace 
 officer may require restoration or replacement of the wetland or 
 public waters, as determined by the local soil and water 
 conservation district for wetlands and the commissioner of 
 natural resources for public waters.  Restoration or replacement 
 orders may be recorded or filed in the office of the county 
 recorder or registrar of titles, as appropriate, in the county 
 where the real property is located by the commissioner of 
 natural resources, conservation officers, or peace officers as a 
 deed restriction on the property that runs with the land and is 
 binding on the owners, successors, and assigns until the 
 conditions of the order are met or the order is rescinded.  
 Notwithstanding section 386.77, the agency shall pay the 
 applicable filing fee for any document filed under this section. 

    Subd. 2.    Misdemeanor.  A violation of an order issued 
 under subdivision 1 is a misdemeanor and must be prosecuted by 
 the county attorney where the wetland or public waters are 
 located or the illegal activity occurred. 

    Subd. 3.    Restitution.  The court may, as part of 
 sentencing, require a person convicted under subdivision 2 to 
 restore or replace the wetland or public waters, as determined 
 by the local soil and water conservation district for wetlands 
 and the commissioner of natural resources for public waters.  

    HIST: 1991 c 354 art 6 s 18; 2000 c 382 s 15; 2001 c 146 s 8 

     103G.2373 Annual wetlands and public waters wetlands 
  report. 

    By March 1 of each year, the commissioner of natural 
 resources and the board of water and soil resources shall 
 jointly report to the committees of the legislature with 
 jurisdiction over matters relating to agriculture, the 
 environment, and natural resources on: 

    (1) the status of implementation of state laws and programs 
 relating to wetlands and public waters wetlands; 

    (2) the quantity, quality, acreage, types, and public value 
 of wetlands and public waters wetlands in the state; and 

    (3) changes in the items in clause (2). 

    HIST: 1991 c 354 art 10 s 6; 1996 c 462 s 37; 2000 c 382 s 16 

     103G.241 Contractor's responsibility when work affects 
  public waters. 

    Subdivision 1.    Conditions for employees and agents to 
 affect public waters.  An agent or employee of another may not 
 construct, reconstruct, remove, or make a change in a reservoir, 
 dam, or waterway obstruction on a public water or in any manner 
 change or diminish the course, current, or cross section of 
 public waters unless the agent or employee has: 

    (1) obtained a signed statement from the property owner 
 stating that the permits required for the work have been 
 obtained or a permit is not required; and 

    (2) mailed a copy of the statement to the regional office 
 of the department of natural resources where the proposed work 
 is located.  

    Subd. 2.    Violation is separate offense.  Violation of 
 this section is a separate and independent offense from other 
 violations of this chapter.  

    Subd. 3.    Form for compliance with this section.  The 
 commissioner shall develop a form to be distributed to 
 contractors' associations and county auditors to comply with 
 this section.  The form must include:  

    (1) a listing of the activities for which a permit is 
 required; 

    (2) a description of the penalties for violating this 
 chapter; 

    (3) the mailing addresses and telephone numbers of the 
 regional offices of the department of natural resources; 

    (4) a statement that water inventory maps completed 
 according to section 103G.201 are on file with the auditors of 
 the counties; and 

    (5) spaces for a description of the work and the names, 
 mailing addresses, and telephone numbers of the person 
 authorizing the work and the agent or employee proposing to 
 undertake it.  

    HIST: 1990 c 391 art 7 s 21 

     103G.245 Work in public waters. 

    Subdivision 1.    Permit requirement.  Except as 
 provided in subdivisions 2, 11, and 12, the state, a political 
 subdivision of the state, a public or private corporation, or a 
 person must have a public waters work permit to: 

    (1) construct, reconstruct, remove, abandon, transfer 
 ownership of, or make any change in a reservoir, dam, or 
 waterway obstruction on public waters; or 

    (2) change or diminish the course, current, or cross 
 section of public waters, entirely or partially within the 
 state, by any means, including filling, excavating, or placing 
 of materials in or on the beds of public waters.  

    Subd. 2.    Exceptions.  A public waters work permit is 
 not required for: 

    (1) work in altered natural watercourses that are part of 
 drainage systems established under chapter 103D or 103E if the 
 work in the waters is undertaken according to chapter 103D or 
 103E; or 

    (2) a drainage project for a drainage system established 
 under chapter 103E that does not substantially affect public 
 waters.  

    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 or to 
 the general public for classes of activities having minimal 
 impact upon public waters under which more than one project may 
 be conducted under a single permit. 

    Subd. 4.    Structures in or adjacent to public waters.  
 (a) The following definitions apply to this subdivision: 

    (1) "boathouse" means a floating structure that is moored 
 by spuds, cables, ropes, anchors, or chains that may be intended 
 for habitation and has walls, a roof, and either an open well 
 for boats or a floor from wall to wall and does not include 
 houseboats; and 

    (2) "houseboat" means a motorboat that has either a pontoon 
 or a flat-bottomed hull configuration, and a permanent enclosed 
 superstructure housing, at a minimum, built-in sleeping, 
 cooking, and toilet facilities. 

    (b) The commissioner, subject to the approval of the county 
 board, may grant and prescribe terms and conditions for granting 
 public waters work permits to establish, construct, maintain, 
 and control wharves, docks, piers, levees, breakwaters, basins, 
 canals, and hangars in or adjacent to public waters of the 
 state, except within the corporate limits of a municipality.  

    (c) Boathouses are prohibited on public waters of 
 Minnesota, except as allowed by paragraph (d). 

    (d) The commissioner may issue a public waters work permit 
 for boathouses only: 

    (1) in areas of historic use for such structures, as 
 determined by the commissioner; 

    (2) when approved by the local government unit; and 

    (3) where the boathouse is in existence on public waters 
 prior to January 1, 1997. 

    (e) A boathouse in existence on public waters prior to 
 January 1, 1997, may be repaired or replaced, provided that the 
 repairs or replacement are consistent with the permit issued by 
 the commissioner under paragraph (d). 

    Subd. 5.    Delegation of permit authority to local units 
 of government.  (a) 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, 
 municipality, watershed district, or water management 
 organization and in compliance with section 103G.315. 

    (b) For projects affecting public waters wetlands and for 
 wetland areas of public waters affected by a public 
 transportation project as determined by the commissioner, the 
 commissioner may waive the requirement for a public waters work 
 permit if the local government unit makes a replacement, 
 no-loss, or exemption determination in compliance with sections 
 103A.201, 103B.3355, and 103G.222 to 103G.2373, and rules 
 adopted pursuant to these same sections. 

    (c) For projects affecting both public waters and wetlands, 
 the local government unit may, by written agreement with the 
 commissioner, waive the requirement for a replacement plan, 
 no-loss, or exemption determination if a public waters work 
 permit is required and the commissioner includes the provisions 
 of sections 103A.201, 103B.3355, and 103G.222 to 103G.2373, and 
 rules adopted pursuant to these same sections in the public 
 waters work permit. 

    Subd. 6.    Conformance with water and related land 
 resource management plans.  A public waters work permit may 
 not be issued under this section if the project does not conform 
 to state, regional, and local water and related land resources 
 management plans.  

    Subd. 7.    Effect on environment and mitigation.  (a) A 
 public waters work permit may be issued only if the project will 
 involve a minimum encroachment, change, or damage to the 
 environment, particularly the ecology of the waterway. 

    (b) If a major change in the resource is justified, public 
 waters work permits must include provisions to compensate for 
 the detrimental aspects of the change.  

    Subd. 8.    Excavation in public waters.  Public waters 
 work permits for projects that involve excavation in the beds of 
 public waters may be granted only if: 

    (1) the area where the excavation will take place is 
 covered by a shoreland zoning ordinance approved by the 
 commissioner; 

    (2) the work under the permit is consistent with the 
 shoreland zoning ordinance; and 

    (3) the permit includes provisions for the deposition of 
 excavated materials.  

    Subd. 9.    Project affecting floodwaters.  (a) A public 
 waters work permit for a project affecting floodwaters may be 
 granted only if: 

    (1) the area covered by the public waters work permit is 
 governed by a floodplain management ordinance approved by the 
 commissioner; and 

    (2) the conduct authorized by the public waters work permit 
 is consistent with the floodplain management ordinance, if the 
 commissioner has determined that enough information is available 
 for the adoption of a floodplain ordinance. 

    (b) A public waters work permit involving the control of 
 floodwaters by structural means, such as dams, dikes, levees, 
 and channel improvements, may be granted only after the 
 commissioner has considered all other flood damage reduction 
 alternatives.  In developing a policy on placing emergency 
 levees along the banks of public waters under emergency flood 
 conditions, the commissioner shall consult and cooperate with 
 the office of emergency services.  

    Subd. 10.    Change of level of public waters.  (a) A 
 public waters work permit that will change the level of public 
 waters may not be issued unless: 

    (1) the shoreland adjacent to the waters to be changed is 
 governed by a shoreland zoning ordinance approved by the 
 commissioner; and 

    (2) the change in water level is consistent with the 
 shoreland zoning ordinance. 

    (b) Standards and procedures for use in deciding the level 
 of public waters must ensure that the rights of all persons are 
 protected when public water levels are changed and must provide 
 for: 

    (1) technical advice to persons involved; 

    (2) establishing alternatives to help local agencies 
 resolve water level conflicts; and 

    (3) mechanics necessary for local resolution of water 
 problems within the state guidelines.  

    Subd. 11.    Emergency repairs.  (a) The owner of a dam, 
 reservoir, control structure, or waterway obstruction may make 
 repairs that are immediately necessary in case of emergency 
 without a public waters work permit under subdivision 1.  The 
 owner must immediately notify the commissioner of the emergency 
 and of the emergency repairs being made.  The owner must apply 
 for a public waters work permit for the emergency repairs and 
 necessary permanent repairs as soon as practicable. 

    (b) This subdivision does not apply to routine maintenance 
 not affecting the safety of the structures. 

    (c) If the commissioner declares there is an emergency and 
 repairs or remedial action are immediately necessary to 
 safeguard life and property, the repairs, remedial action, or 
 both, must be started immediately by the owner.  

    Subd. 12.    Operation of structure prior to permit 
 requirement.  The owner of a dam, reservoir, control 
 structure, or waterway obstruction constructed before a public 
 waters work permit was required by law must maintain and operate 
 the dam, reservoir, control structure, or waterway obstruction 
 in a manner approved and prescribed by rule by the commissioner. 

    HIST: 1990 c 391 art 7 s 22; 1995 c 218 s 8,9; 1996 c 443 s 
 1,2; 1997 c 247 s 1; 2000 c 382 s 17; 2001 c 146 s 9 

     103G.251 Investigation of activities without permit. 

    Subdivision 1.    Investigations.  If the commissioner 
 determines that an investigation is in the public interest, the 
 commissioner may investigate activities being conducted without 
 a permit that may affect waters of the state.  

    Subd. 2.    Findings and order.  (a) With or without a 
 public hearing, the commissioner may make findings and issue 
 orders related to activities being conducted without a permit 
 that affect waters of the state as otherwise authorized under 
 this chapter.  

    (b) A copy of the findings and order must be served on the 
 person to whom the order is issued.  

    (c) If the commissioner issues the findings and order 
 without a hearing, the person to whom the order is issued may 
 file a demand for a hearing with the commissioner.  The demand 
 for a hearing must be accompanied by the bond as provided in 
 section 103G.311, subdivision 6, and the hearing must be held in 
 the same manner and with the same requirements as a hearing held 
 under section 103G.311, subdivision 5.  The demand for a hearing 
 and bond must be filed by 30 days after the person is served 
 with a copy of the commissioner's order.  

    (d) The hearing must be conducted as a contested case 
 hearing under chapter 14.  

    (e) If the person to whom the order is addressed does not 
 demand a hearing or demands a hearing but fails to file the 
 required bond:  

    (1) the commissioner's order becomes final at the end of 30 
 days after the person is served with the order; and 

    (2) the person may not appeal the order.  

    HIST: 1990 c 391 art 7 s 23; 1993 c 186 s 16 

     103G.255 Allocation and control of waters of the state. 

    The commissioner shall administer: 

    (1) the use, allocation, and control of waters of the 
 state; 

    (2) the establishment, maintenance, and control of lake 
 levels and water storage reservoirs; and 

    (3) the determination of the ordinary high water level of 
 waters of the state.  

    HIST: 1990 c 391 art 7 s 24; 1993 c 186 s 16 

     103G.261 Water allocation priorities. 

    (a) The commissioner shall adopt rules for allocation of 
 waters based on the following priorities for the consumptive 
 appropriation and use of water: 

    (1) first priority, domestic water supply, excluding 
 industrial and commercial uses of municipal water supply, and 
 use for power production that meets the contingency planning 
 provisions of section 103G.285, subdivision 6; 

    (2) second priority, a use of water that involves 
 consumption of less than 10,000 gallons of water per day; 

    (3) third priority, agricultural irrigation, and processing 
 of agricultural products involving consumption in excess of 
 10,000 gallons per day; 

    (4) fourth priority, power production in excess of the use 
 provided for in the contingency plan developed under section 
 103G.285, subdivision 6; 

    (5) fifth priority, uses, other than agricultural 
 irrigation, processing of agricultural products, and power 
 production, involving consumption in excess of 10,000 gallons 
 per day; and 

    (6) sixth priority, nonessential uses. 

    (b) For the purposes of this section, "consumption" means 
 water withdrawn from a supply that is lost for immediate further 
 use in the area. 

    (c) Appropriation and use of surface water from streams 
 during periods of flood flows and high water levels must be 
 encouraged subject to consideration of the purposes for use, 
 quantities to be used, and the number of persons appropriating 
 water. 

    (d) Appropriation and use of surface water from lakes of 
 less than 500 acres in surface area must be discouraged. 

    (e) The treatment and reuse of water for nonconsumptive 
 uses shall be encouraged. 

    (f) Diversions of water from the state for use in other 
 states or regions of the United States or Canada must be 
 discouraged.  

    HIST: 1989 c 326 art 4 s 1; 1990 c 391 art 7 s 25; 1990 c 426 
 art 1 s 13; 1993 c 186 s 1 

     103G.265 Water supply management. 

    Subdivision 1.    Assurance of supply.  The commissioner 
 shall develop and manage water resources to assure an adequate 
 supply to meet long-range seasonal requirements for domestic, 
 municipal, industrial, agricultural, fish and wildlife, 
 recreational, power, navigation, and quality control purposes 
 from waters of the state.  

    Subd. 2.    Diversion greater than 2,000,000 gallons per 
 day.  A water use permit or a plan that requires a permit or 
 the commissioner's approval, involving a diversion of waters of 
 the state of more than 2,000,000 gallons per day average in a 
 30-day period, to a place outside of this state or from the 
 basin of origin within this state may not be granted or approved 
 until: 

    (1) a determination is made by the commissioner that the 
 water remaining in the basin of origin will be adequate to meet 
 the basin's water resources needs during the specified life of 
 the diversion project; and 

    (2) approval of the diversion is given by the legislature.  

    Subd. 3.    Consumptive use of more than 2,000,000 gallons 
 per day.  (a) Except as provided in paragraph (b), a water use 
 permit or a plan that requires a permit or the commissioner's 
 approval, involving a consumptive use of more than 2,000,000 
 gallons per day average in a 30-day period, may not be granted 
 or approved until:  

    (1) a determination is made by the commissioner that the 
 water remaining in the basin of origin will be adequate to meet 
 the basin's water resources needs during the specified life of 
 the consumptive use; and 

    (2) approval of the consumptive use is given by the 
 legislature. 

    (b) Legislative approval under paragraph (a), clause (2), 
 is not required for a consumptive use in excess of 2,000,000 
 gallons per day average in a 30-day period for:  

    (1) a domestic water supply, excluding industrial and 
 commercial uses of a municipal water supply; 

    (2) agricultural irrigation and processing of agricultural 
 products; 

    (3) construction and mineland dewatering; 

    (4) pollution abatement or remediation; and 

    (5) fish and wildlife enhancement projects using surface 
 water sources.  

    Subd. 4.    Diversion or consumptive use from Great Lakes 
 greater than 5,000,000 gallons per day.  (a) A water use 
 permit or a plan that requires a permit or the commissioner's 
 approval, involving a diversion or consumptive use of waters of 
 the state from the Great Lakes water basin within this state 
 where the diversion or consumptive use of waters would be more 
 than 5,000,000 gallons per day average in a 30-day period, may 
 not be granted or approved until: 

    (1) the commissioner has notified and solicited comments on 
 the proposed diversion or consumptive use from the offices of 
 the governors of the Great Lakes states and premiers of the 
 Great Lakes provinces, the appropriate water management agencies 
 of the Great Lakes states and provinces, and the international 
 joint commission; 

    (2) the commissioner has considered the comments and 
 concerns of the offices, agencies, and commission to which 
 notice was given under clause (1); and 

    (3) the diversion or consumptive use has been approved by 
 the legislature. 

    (b) If an objection is made to the proposed diversion or 
 consumptive use by an office, agency, or commission to which 
 notice was given under paragraph (a), clause (1), the 
 commissioner must convene a meeting with the affected office, 
 agency, or commission to investigate and consider the issues 
 involved, and to seek a mutually agreeable solution to be 
 recommended to the commissioner.  In making a final decision on 
 the approval of a permit or plan subject to review under this 
 subdivision, the commissioner shall consider the record of the 
 meeting and the recommendation.  The commissioner must send 
 notification of the final decision to each office, agency, or 
 commission to which notice was given under paragraph (a), clause 
 (1).  

    HIST: 1990 c 391 art 7 s 26; 1990 c 406 s 1; 1993 c 186 s 2 

     103G.271 Appropriation and use of waters. 

    Subdivision 1.    Permit required.  (a) Except as 
 provided in paragraph (b), the state, a person, partnership, or 
 association, private or public corporation, county, 
 municipality, or other political subdivision of the state may 
 not appropriate or use waters of the state without a water use 
 permit from the commissioner.  

    (b) This section does not apply to use for a water supply 
 by less than 25 persons for domestic purposes.  

    (c) The commissioner may issue a state general permit for 
 appropriation of water to a governmental subdivision or to the 
 general public for classes of activities that have minimal 
 impact upon waters of the state.  The general permit may 
 authorize more than one project and the appropriation or use of 
 more than one source of water.  Water use permit processing fees 
 and reports required under subdivision 6 and section 103G.281, 
 subdivision 3, are required for each project or water source 
 that is included under a general permit, except that no fee is 
 required for uses totaling less than 15,000,000 gallons annually.

    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.  

    Subd. 3.    Permit restriction during summer months.  
 The commissioner must not modify or restrict the amount of 
 appropriation from a groundwater source authorized in a water 
 use permit issued to irrigate agricultural land under section 
 103G.295, subdivision 2, between May 1 and October 1, unless the 
 commissioner determines the authorized amount of appropriation 
 endangers a domestic water supply.  

    Subd. 4.    Minimum use exemption and local approval of 
 low use permits.  (a) Except for local permits under section 
 103B.211, subdivision 4, a water use permit is not required for 
 the appropriation and use of less than a minimum amount 
 prescribed by the commissioner by rule.  

    (b) Water use permits for more than the minimum amount but 
 less than an intermediate amount prescribed by rule must be 
 processed and approved at the municipal, county, or regional 
 level based on rules adopted by the commissioner.  

    (c) The rules must include provisions for reporting to the 
 commissioner the amounts of water appropriated under local 
 permits. 

    Subd. 4a.    Mt. Simon-Hinckley aquifer.  (a) The 
 commissioner may not issue new water use permits that will 
 appropriate water from the Mt. Simon-Hinckley aquifer in a 
 metropolitan county, as defined in section 473.121, subdivision 
 4, unless the appropriation is for potable water use, there are 
 no feasible or practical alternatives to this source, and a 
 water conservation plan is incorporated with the permit. 

    (b) The commissioner shall terminate all permits 
 authorizing appropriation and use of water from the Mt. 
 Simon-Hinckley aquifer for once-through systems in a 
 metropolitan county, as defined in section 473.121, subdivision 
 4, by December 31, 1992. 

    Subd. 5.    Prohibition on once-through water use permits. 
  (a) The commissioner may not, after December 31, 1990, issue 
 a water use permit to increase the volume of appropriation from 
 a groundwater source for a once-through cooling system using in 
 excess of 5,000,000 gallons annually. 

    (b) Once-through system water use permits using in excess 
 of 5,000,000 gallons annually, must be terminated by the 
 commissioner by the end of their design life but not later than 
 December 31, 2010, unless the discharge is into a public water 
 basin within a nature preserve approved by the commissioner and 
 established prior to January 1, 2001.  Existing once-through 
 systems must not be expanded and are required to convert to 
 water efficient alternatives within the design life of existing 
 equipment.  

    Subd. 5a.    Maintenance of surface water levels.  
 Except as provided in subdivision 5, paragraph (b), the 
 commissioner shall, by January 31, 1994, revoke all existing 
 permits, and may not issue new permits, for the appropriation or 
 use of groundwater in excess of 10,000,000 gallons per year for 
 the primary purpose of maintaining or increasing surface water 
 levels in the seven-county metropolitan area and in other areas 
 of concern as determined by the commissioner.  This subdivision 
 does not apply until January 1, 1998, to a municipality that, by 
 January 1, 1994, submits a plan acceptable to the commissioner 
 for maintaining or increasing surface water levels using sources 
 other than groundwater.  

    Subd. 6.    Water use permit processing fee.  (a) Except 
 as described in paragraphs (b) to (f), a water use permit 
 processing fee must be prescribed by the commissioner in 
 accordance with the following schedule of fees for each water 
 use permit in force at any time during the year: 

    (1) 0.05 cents per 1,000 gallons for the first 50,000,000 
 gallons per year; 

    (2) 0.10 cents per 1,000 gallons for amounts greater than 
 50,000,000 gallons but less than 100,000,000 gallons per year; 

    (3) 0.15 cents per 1,000 gallons for amounts greater than 
 100,000,000 gallons but less than 150,000,000 gallons per year; 

    (4) 0.20 cents per 1,000 gallons for amounts greater than 
 150,000,000 gallons but less than 200,000,000 gallons per year; 

    (5) 0.25 cents per 1,000 gallons for amounts greater than 
 200,000,000 gallons but less than 250,000,000 gallons per year; 

    (6) 0.30 cents per 1,000 gallons for amounts greater than 
 250,000,000 gallons but less than 300,000,000 gallons per year; 

    (7) 0.35 cents per 1,000 gallons for amounts greater than 
 300,000,000 gallons but less than 350,000,000 gallons per year; 

    (8) 0.40 cents per 1,000 gallons for amounts greater than 
 350,000,000 gallons but less than 400,000,000 gallons per year; 
 and 

    (9) 0.45 cents per 1,000 gallons for amounts greater than 
 400,000,000 gallons per year.  

    (b) For once-through cooling systems, a water use 
 processing fee must be prescribed by the commissioner in 
 accordance with the following schedule of fees for each water 
 use permit in force at any time during the year: 

    (1) for nonprofit corporations and school districts, 15.0 
 cents per 1,000 gallons; and 

    (2) for all other users, 20 cents per 1,000 gallons. 

    (c) The fee is payable based on the amount of water 
 appropriated during the year and, except as provided in 
 paragraph (f), the minimum fee is $50.  

    (d) For water use processing fees other than once-through 
 cooling systems:  

    (1) the fee for a city of the first class may not exceed 
 $175,000 per year; 

    (2) the fee for other entities for any permitted use may 
 not exceed: 

    (i) $35,000 per year for an entity holding three or fewer 
 permits; 

    (ii) $50,000 per year for an entity holding four or five 
 permits; 

    (iii) $175,000 per year for an entity holding more than 
 five permits; 

    (3) the fee for agricultural irrigation may not exceed $750 
 per year; 

    (4) the fee for a municipality that furnishes electric 
 service and cogenerates steam for home heating may not exceed 
 $10,000 for its permit for water use related to the cogeneration 
 of electricity and steam; and 

    (5) no fee is required for a project involving the 
 appropriation of surface water to prevent flood damage or to 
 remove flood waters during a period of flooding, as determined 
 by the commissioner.  

    (e) Failure to pay the fee is sufficient cause for revoking 
 a permit.  A penalty of two percent per month calculated from 
 the original due date must be imposed on the unpaid balance of 
 fees remaining 30 days after the sending of a second notice of 
 fees due.  A fee may not be imposed on an agency, as defined in 
 section 16B.01, subdivision 2, or federal governmental agency 
 holding a water appropriation permit. 

    (f) The minimum water use processing fee for a permit 
 issued for irrigation of agricultural land is $10 for years in 
 which: 

    (1) there is no appropriation of water under the permit; or 

    (2) the permit is suspended for more than seven consecutive 
 days between May 1 and October 1. 

    Subd. 6a.    Payment of fees for past unpermitted 
 appropriations.  An entity that appropriates water without a 
 required permit under subdivision 1 must pay the applicable 
 water use permit processing fee specified in subdivision 6 for 
 the period during which the unpermitted appropriation occurred.  
 This fee is in addition to any other fee or penalty assessed. 

    Subd. 7.    Transfer of permit.  A water use permit may 
 be transferred to a successive owner of real property if the 
 permittee conveys the real property where the source of water is 
 located.  The new owner must notify the commissioner immediately 
 after the conveyance and request transfer of the permit.  

    HIST: 1990 c 391 art 7 s 27; 1990 c 594 art 1 s 49; 1990 c 597 
 s 63-65; 1991 c 214 s 6; 1991 c 234 s 1; 1991 c 354 art 10 s 5; 
 1992 c 366 s 1; 1992 c 601 s 1; 1993 c 186 s 3-5; 1994 c 557 s 
 15; 1995 c 218 s 10; 1997 c 104 s 1; 1998 c 401 s 38; 1999 c 231 
 s 128; 2001 c 160 s 1-3 

     103G.275 Installation for water use. 

    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 first applying in writing for, and 
 obtaining, the written permit of the commissioner.  

    Subd. 2.    Water use data statement.  The owner or 
 person in charge of an installation for appropriating or using 
 waters of the state, whether or not under use permit, must file 
 a water use data statement with the commissioner.  The statement 
 must be filed at the time the commissioner determines necessary 
 for the statewide water information system.  The water use data 
 statement must be on forms provided by the commissioner and 
 identify the installation's location, its capacity, the purposes 
 for which it is used, and additional information required by the 
 commissioner.  

    Subd. 3.    Commissioner's examinations.  The 
 commissioner may examine an installation that appropriates or 
 uses surface water or ground water.  The owner of the 
 installation must provide information required by the 
 commissioner.  

    HIST: 1990 c 391 art 7 s 28; 1995 c 218 s 11 

     103G.281 Water use prohibited without measuring 
  quantities. 

    Subdivision 1.    Measuring and records required.  The 
 state, a political subdivision of the state, a person, 
 partnership, public or private corporation, or association may 
 not appropriate or use waters of the state without measuring and 
 keeping a record of the quantity of water used or appropriated 
 as provided in section 103G.271 or 103G.275.  

    Subd. 2.    Measuring equipment required.  An 
 installation for appropriating or using water must be equipped 
 with a flow meter to measure the quantity of water appropriated 
 within the degree of accuracy required by rule.  The 
 commissioner can determine other methods to be used for 
 measuring water quantity based on the quantity of water 
 appropriated or used, the source of water, the method of 
 appropriating or using water, and any other facts supplied to 
 the commissioner. 

    Subd. 3.    Report.  (a) Records of the amount of water 
 appropriated or used must be kept for each installation.  The 
 readings and the total amount of water appropriated must be 
 reported annually to the commissioner on or before February 15 
 of the following year on forms provided by the commissioner. 

    (b) The records must be submitted with the annual water use 
 permit processing fee in section 103G.271.  

    HIST: 1990 c 391 art 7 s 29; 1990 c 597 s 66 

     103G.285 Surface water appropriations. 

    Subdivision 1.    Waiver.  The commissioner may waive a 
 limitation or requirement in subdivisions 2 to 6 for just cause. 

    Subd. 2.    Natural and altered natural watercourses.  
 If data are available, permits to appropriate water from natural 
 and altered natural watercourses must be limited so that 
 consumptive appropriations are not made from the watercourses 
 during periods of specified low flows.  The purpose of the limit 
 is to safeguard water availability for instream uses and for 
 downstream higher priority users located reasonably near the 
 site of appropriation.  

    Subd. 3.    Waterbasins.  (a) Permits to appropriate 
 water from waterbasins must be limited so that the collective 
 annual withdrawals do not exceed a total volume of water 
 amounting to one-half acre-foot per acre of waterbasin based on 
 Minnesota department of conservation bulletin No. 25, "An 
 Inventory of Minnesota Lakes," published in 1968. 

    (b) As a condition to a surface water appropriation permit, 
 the commissioner shall set a protective elevation for the 
 waterbasin, below which an appropriation is not allowed.  During 
 the determination of the protective elevation, the commissioner 
 shall consider: 

    (1) the elevation of important aquatic vegetation 
 characteristics related to fish and wildlife habitat; 

    (2) existing uses of the waterbasin by the public and 
 riparian landowners; and 

    (3) the total volume within the waterbasin and the slope of 
 the littoral zone.  

    Subd. 4.    Waterbasins less than 500 acres.  As part of 
 an application for appropriation of water from a waterbasin less 
 than 500 acres in surface area, the applicant shall obtain a 
 statement of support with as many signatures as the applicant 
 can obtain from property owners with property riparian to the 
 waterbasin.  The statement of support must: 

    (1) state support for the proposed appropriation; and 

    (2) show the number of property owners whose signatures the 
 applicant could not obtain.  

    Subd. 5.    Trout streams.  Permits issued after June 3, 
 1977, to appropriate water from streams designated trout streams 
 by the commissioner's orders under section 97C.021 must be 
 limited to temporary appropriations.  

    Subd. 6.    Contingency planning.  An application for 
 use of surface waters of the state is not complete until the 
 applicant submits, as part of the application, a contingency 
 plan that describes the alternatives the applicant will use if 
 further appropriation is restricted due to the flow of the 
 stream or the level of a waterbasin.  A surface water 
 appropriation may not be allowed unless the contingency plan is 
 feasible or the permittee agrees to withstand the results of not 
 being able to appropriate water.  

    HIST: 1990 c 391 art 7 s 30 

     103G.291 Public water supply appropriation during 
  deficiency. 

    Subdivision 1.    Declaration and conservation.  (a) If 
 the governor determines and declares by executive order that 
 there is a critical water deficiency, public water supply 
 authorities appropriating water must adopt and enforce water 
 conservation restrictions within their jurisdiction that are 
 consistent with rules adopted by the commissioner. 

    (b) The restrictions must limit lawn sprinkling, vehicle 
 washing, golf course and park irrigation, and other nonessential 
 uses, and have appropriate penalties for failure to comply with 
 the restrictions.  

    Subd. 2.    Modification of appropriation for 
 noncompliance.  Disregard of critical water deficiency orders, 
 even though total appropriation remains less than that 
 permitted, is adequate grounds for immediate modification of a 
 public water supply authority's water use permit.  

    Subd. 3.    Emergency plans; demand reduction.  (a) 
 Every public water supplier serving more than 1,000 people must 
 submit an emergency and conservation plan to the commissioner 
 for approval by January 1, 1996.  The plan must address supply 
 and demand reduction measures and allocation priorities and must 
 identify alternative sources of water for use in an emergency.  
 Public water suppliers must update the plan and submit it to the 
 commissioner for approval every ten years.  

    (b) Public water suppliers serving more than 1,000 people 
 must employ water use demand reduction measures before 
 requesting approval from the commissioner of health under 
 section 144.383, paragraph (a), to construct a public water 
 supply well or requesting an increase in the authorized volume 
 of appropriation.  Demand reduction measures must include 
 evaluation of conservation rate structures and a public 
 education program that may include a toilet and showerhead 
 retrofit program.  

    (c) Public water suppliers serving more than 1,000 people 
 must submit records that indicate the number of connections and 
 amount of use by customer category and volume of water 
 unaccounted for with the annual report of water use required 
 under section 103G.281, subdivision 3. 

    (d) For the purposes of this subdivision, "public water 
 supplier" means an entity that owns, manages, or operates a 
 public water supply, as defined in section 144.382, subdivision 
 4. 

    HIST: 1990 c 391 art 7 s 31; 1993 c 186 s 6 

     103G.293 Statewide drought plan. 

    The commissioner shall establish a plan to respond to 
 drought-related emergencies and to prepare a statewide framework 
 for drought response.  The plan must consider metropolitan water 
 supply plans of the metropolitan council prepared under section 
 473.156.  The plan must provide a framework for implementing 
 drought response actions in a staged approach related to 
 decreasing levels of flows.  Permits issued under section 
 103G.271 must provide conditions on water appropriation 
 consistent with the drought response plan established by this 
 section.  

    HIST: 1990 c 391 art 10 s 3; 1990 c 434 s 1; 1993 c 13 art 1 s 
 23 

     103G.295 Irrigation of agricultural land. 

    Subdivision 1.    Recommendation and information for 
 waters of the state appropriation.  (a) If an application is 
 made for a permit to irrigate agricultural land from waters of 
 the state, the soil and water conservation district may make 
 recommendations to the commissioner regarding the disposition of 
 the application and its compatibility to a comprehensive soil 
 and water conservation plan approved under section 103C.331, 
 subdivision 11.  The recommendations must be made within 30 days 
 of the receipt of the application.  

    (b) Within 30 days of receipt of the application, the 
 commissioner may require additional specific information from 
 the applicant.  

    Subd. 2.    Issuance or denial of permit for appropriation 
 from waters of the state.  After receiving all requested 
 information, the commissioner must review the application and 
 information, consider the soil and water conservation district's 
 recommendations, and issue or deny the permit within 60 days.  
 If the commissioner orders a hearing, the permit must be issued 
 or denied within ten days after receiving the report of the 
 hearing officer.  For an application for a permit to irrigate 
 agricultural land, failure of the commissioner to issue or deny 
 a permit within the time specified under this subdivision is 
 considered an order issuing the permit as applied for.  The 
 order is effective ten days after the applicant has given 
 written notice to the commissioner stating an intention to 
 proceed with the appropriation of water to irrigate agricultural 
 land.  

    Subd. 3.    Groundwater appropriation permit 
 classification areas.  (a) Water use permit applications 
 required for appropriation of groundwater for agricultural 
 irrigation must be processed in the order received and 
 designated as either class A or class B applications.  Class A 
 applications are for wells located in areas for which the 
 commissioner has adequate groundwater availability data.  Class 
 B applications are for wells located in other areas. 

    (b) The commissioner must evaluate available groundwater 
 data, determine its adequacy, and designate class A and B 
 application areas for the entire state.  The commissioner shall 
 request, obtain, and evaluate groundwater data from soil and 
 water conservation districts, and where appropriate revise the 
 class A and B application area designations.  

    (c) The commissioner shall file a commissioner's order with 
 the secretary of state defining class A and B application areas 
 by county and township.  Additional areas may be added by a 
 later order of the commissioner.  

    Subd. 4.    Class B permit requirements.  (a) Class B 
 groundwater 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.  

    Subd. 5.    Issuance of permits for groundwater 
 appropriation.  The commissioner may issue water use permits 
 for irrigation appropriation from groundwater only if the 
 commissioner determines that:  

    (1) proposed soil and water conservation measures are 
 adequate based on recommendations of the soil and water 
 conservation districts; and 

    (2) water supply is available for the proposed use without 
 reducing water levels beyond the reach of vicinity wells 
 constructed in accordance with the water well construction code 
 in Minnesota Rules, parts 4725.1900 to 4725.6500.  

    HIST: 1990 c 391 art 7 s 32; 1993 c 186 s 16; 1995 c 218 s 12 

     103G.297 Diversion or drainage of water for mining. 

    Subdivision 1.    Authority to issue permits.  The 
 commissioner may issue water use permits for the diversion, 
 drainage, control, or use of waters of the state for mining iron 
 ore, taconite, copper, copper-nickel, or nickel as provided in 
 this section.  

    Subd. 2.    Application.  (a) An owner of the iron ore, 
 taconite, copper, copper-nickel, or nickel deposits or the owner 
 of the right to mine the deposits must apply to the commissioner 
 for a permit in the form prescribed by the commissioner.  

    (b) Except as otherwise provided in this section, the 
 application and the proceedings related to the application and 
 to a permit issued are governed by the applicable provisions of 
 this chapter.  

    Subd. 3.    Grant.  The permit may be granted only if 
 the commissioner determines that: 

    (1) the proposed drainage, diversion, control, or use of 
 waters will be necessary for the mining of substantial deposits 
 of iron ore, taconite, copper, copper-nickel, or nickel, and 
 that another feasible and economical method of mining is not 
 reasonably available; 

    (2) the proposed drainage, diversion, control, or use of 
 waters will not substantially impair the interests of the public 
 in lands or waters or the substantial beneficial public use of 
 lands or waters except as expressly authorized in the permit and 
 will not endanger public health or safety; and 

    (3) the proposed mining operations will be in the public 
 interest and the resulting public benefits warrant the proposed 
 drainage, diversion, or control of waters.  

    Subd. 4.    Operation.  If the operations authorized by 
 a permit may affect public or private property not owned by the 
 permittee, before proceeding with the operations the permittee 
 must:  

    (1) acquire all rights or easements necessary for the 
 operation; 

    (2) pay or give security for the payment of damages to the 
 property that may result from the operations; and 

    (3) give evidence of compliance with this subdivision as 
 the commissioner may require.  

    Subd. 5.    Liability of state and its officials.  The 
 state and its officers, agents, or employees do not incur 
 liability on account of the issuance of a permit or on account 
 of any act or omission of the permittee, or the permittee's 
 agents or employees, under or in connection with the permit.  

    Subd. 6.    Permit period.  (a) Notwithstanding other 
 limitations prescribed by law, a permit must be granted for a 
 term the commissioner finds reasonable and necessary for the 
 completion of the proposed mining operations, and the 
 commissioner may prescribe a time in the permit for the 
 commencement or completion of operations or construction under 
 the permit or the exercise of the rights granted by the permit.  

    (b) The commissioner may extend the original term of the 
 permit or the time allowed for the performance of its conditions 
 for good cause shown upon application of the permittee.  

    Subd. 7.    Permit conditions.  In a permit, the 
 commissioner may prescribe conditions the commissioner finds 
 necessary and practicable for restoring the waters to their 
 former condition after completion of the mining operations or 
 after expiration or cancellation of the permit.  The 
 commissioner may also prescribe other conditions necessary to 
 protect the public health, safety, and welfare, and may require 
 the permittee to furnish a bond to the state in an appropriate 
 form and amount as security for compliance with the conditions 
 of the permit and applicable law.  

    Subd. 8.    Modification and cancellation of permit.  
 (a) A permit issued under this section is irrevocable for the 
 term of the permit and for any extension of the term except: 

    (1) the permit may be modified or canceled by the 
 commissioner at the request or with the consent of the permittee 
 upon conditions the commissioner finds necessary to protect the 
 public interest; 

    (2) subject to appeal as provided for water use permits, 
 the commissioner may modify or cancel a permit as provided in 
 paragraph (b) if:  

    (i) the permittee or its employees or agents breach the 
 permit's terms or conditions or violate pertinent law; or 

    (ii) the commissioner finds the modification or 
 cancellation necessary to protect the public health or safety, 
 or to protect the public interests in lands or waters against 
 substantial injury resulting in any manner or to any extent not 
 expressly authorized by the permit, or to prevent substantial 
 injury to persons or property resulting in any manner or to any 
 extent not so authorized; or 

    (3) the commissioner immediately suspends operations under 
 a permit by written order to the permittee if necessary in an 
 emergency, to protect the public health or safety or to protect 
 public interests in lands or waters against imminent danger of 
 substantial injury in any manner or to any extent not expressly 
 authorized by the permit, or to protect persons or property 
 against the danger, and may require the permittee to take any 
 measures necessary to prevent or remedy the injury. 

    (b) The commissioner may modify or cancel the permit upon 
 at least 30 days' written notice to the permittee, stating the 
 grounds of the proposed modification or cancellation and giving 
 the permittee an opportunity to be heard. 

    (c) An order under paragraph (a), clause (3), may not 
 remain in effect for more than 30 days from the date of the 
 order without giving the permittee at least ten days' written 
 notice of the order and an opportunity to be heard relating to 
 the order.  

    Subd. 9.    Effect on other law.  This section does not 
 amend, supersede, or repeal any existing law, but is 
 supplementary to it.  

    HIST: 1990 c 391 art 7 s 33 

     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 fee to apply for a permit to appropriate water, a 
 permit to construct or repair a dam that is subject to dam 
 safety inspection, or 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, according to 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; 1999 c 250 art 3 
 s 9; 2001 c 160 s 4 

*   NOTE:  Laws 1999, chapter 250, article 3, does not repeal 
*rules or fees in effect on June 30, 2001.  Laws 2000, chapter 
*488, article 12, section 23.

     103G.305 Time limit to act on water use permit 
  application. 

    Subdivision 1.    General 30-day limit.  (a) Except as 
 provided in subdivision 2, the commissioner must act on a water 
 use permit within 30 days after the application for the permit 
 and the required data are filed in the commissioner's office.  

    (b) The commissioner must direct a hearing to be held on a 
 water use permit application or make an order issuing a permit 
 or denying a permit.  

    Subd. 2.    Exception.  The requirements of subdivision 
 1 do not apply to applications for a water use permit for: 

    (1) appropriations from waters of the state for irrigation, 
 under section 103G.295; 

    (2) appropriations for diversion from the basin of origin 
 of more than 2,000,000 gallons per day average in a 30-day 
 period; or 

    (3) appropriations with a consumptive use of more than 
 2,000,000 gallons per day average for a 30-day period.  

    HIST: 1990 c 391 art 7 s 35; 1993 c 186 s 16 

     103G.311 Permit hearing. 

    Subdivision 1.    Hearing requirement.  A hearing must 
 be conducted as a contested case hearing under chapter 14.  

    Subd. 2.    Hearing notice.  (a) The hearing notice on 
 an application must state: 

    (1) the date, place, and time fixed by the commissioner for 
 the hearing; and 

    (2) the waters affected, the water levels sought to be 
 established, or control structures proposed. 

    (b) The hearing notice must be published by the 
 commissioner at the expense of the applicant or, if the 
 proceeding is initiated by the commissioner in the absence of an 
 applicant, at the expense of the commissioner. 

    (c) The hearing notice must be: 

    (1) published once a week for two successive weeks before 
 the day of hearing in a legal newspaper published in the county 
 where any part of the affected waters is located; 

    (2) mailed by the commissioner to the county auditor, the 
 mayor of a municipality, the watershed district, and the soil 
 and water conservation district affected by the application; and 

    (3) made under requirements prescribed by sections 14.57 to 
 14.59 and rules of the chief administrative law judge.  

    Subd. 3.    Subpoena of witnesses and evidence.  (a) The 
 commissioner may subpoena and compel the attendance of witnesses 
 and the production of books and documents that are material to 
 the purposes of the hearing.  

    (b) Disobedience of a subpoena is punishable in the same 
 manner as a contempt of the district court.  The commissioner 
 must file a complaint of the disobedience of a subpoena with the 
 district court of the county where the subpoena was disobeyed.  

    Subd. 4.    Waiver of hearing.  The commissioner may 
 waive a hearing on an application and order the permit to be 
 issued or deny the permit.  

    Subd. 5.    Demand for hearing.  (a) If a hearing is 
 waived and an order is made issuing or denying the permit, the 
 applicant, the managers of the watershed district, the board of 
 supervisors of the soil and water conservation district, or the 
 mayor of the municipality may file a demand for hearing on the 
 application.  The demand for a hearing must be filed within 30 
 days after mailed notice of the order with the bond required by 
 subdivision 6. 

    (b) The commissioner must give notice as provided in 
 subdivision 2, hold a hearing on the application, and make a 
 determination on issuing or denying the permit as though the 
 previous order had not been made.  

    (c) The order issuing or denying the permit becomes final 
 at the end of 30 days after mailed notice of the order to the 
 applicant, the managers of the watershed district, the board of 
 supervisors of the soil and water conservation district, or the 
 mayor of the municipality, and an appeal of the order may not be 
 taken if: 

    (1) the commissioner waives a hearing and a demand for a 
 hearing is not made; or 

    (2) a hearing is demanded but a bond is not filed as 
 required by subdivision 6.  

    Subd. 6.    Bond for demanding public hearing.  (a) An 
 applicant filing a demand for a public hearing must execute and 
 file a corporate surety bond or equivalent security to the state 
 of Minnesota, to be approved by the commissioner and in an 
 amount and form determined by the commissioner.  The bond or 
 security must be conditioned to pay the costs of the hearing if 
 the commissioner's order issuing or denying a permit is affirmed 
 without material modification. 

    (b) A bond or security is not required of a public 
 authority that demands a public hearing.  

    (c) The commissioner may waive the requirement for a bond 
 or other security.  

    Subd. 7.    Hearing costs.  (a) Except as provided in 
 paragraphs (b) and (c), the costs of a hearing must be paid as 
 prescribed by chapter 14 and the chief administrative law judge. 

    (b) If a hearing is waived by the commissioner, but the 
 applicant other than a public authority demands a hearing on the 
 application and the commissioner's order is affirmed without 
 material modification, the applicant must pay the following 
 costs up to $750: 

    (1) costs of the stenographic record and transcript; 

    (2) rental costs, if any, of the place where the hearing is 
 held; and 

    (3) costs of publication of orders made by the commissioner.

    (c) If a hearing is waived by the commissioner, but a 
 hearing is demanded by a public authority other than the 
 applicant and the commissioner's order is affirmed without 
 material modification, the public authority making the demand 
 must pay: 

    (1) costs of the stenographic record and transcript; 

    (2) rental costs, if any, of the place where the hearing is 
 held; and 

    (3) costs of publication of orders made by the commissioner.

    HIST: 1990 c 391 art 7 s 36 

     103G.315 Denial and issuance of permits. 

    Subdivision 1.    Commissioner's general authority.  The 
 commissioner may deny issuing permits and issue permits with or 
 without conditions.  

    Subd. 2.    Findings of fact.  The commissioner shall 
 make findings of fact on issues necessary for determination of 
 the applications considered.  Orders made by the commissioner 
 must be based upon findings of fact made on substantial evidence.
 The commissioner may have investigations made.  The facts 
 disclosed by investigation must be put in evidence at the 
 hearing.  

    Subd. 3.    Issuance of permit.  If the commissioner 
 concludes that the plans of the applicant are reasonable, 
 practical, and will adequately protect public safety and promote 
 the public welfare, the commissioner shall grant the permit.  

    Subd. 4.    Control levels.  If they are in issue, the 
 commissioner shall also fix the control levels of public waters 
 accordingly.  

    Subd. 5.    Denial; modifications.  Otherwise the 
 commissioner shall reject the application or may require 
 modification of the plan as the commissioner finds proper to 
 protect the public interest.  

    Subd. 6.    Burden of proof; conditions.  (a) In permit 
 applications, the applicant has the burden of proving that the 
 proposed project is reasonable, practical, and will adequately 
 protect public safety and promote the public welfare. 

    (b) In granting a permit, the commissioner may include in 
 it terms and reservations about the amount and manner of the use 
 or appropriation or method of construction or operation of 
 controls as appear reasonably necessary for the safety and 
 welfare of the people of the state.  

    Subd. 7.    Restoring effects of unlawful activities.  
 (a) The commissioner may include in an order issuing or denying 
 a permit a requirement for the applicant to take an action 
 necessary to restore the public waters or their beds to the 
 condition existing before unlawful activities, if any, were 
 undertaken by the applicant.  The restoration may include 
 filling beds unlawfully dredged, removing fill unlawfully 
 placed, or restoring water unlawfully appropriated.  

    (b) If a hearing on the application was not held, the 
 applicant may contest the order within 30 days of receiving it 
 and must be given a contested case hearing as prescribed by 
 chapter 14.  

    Subd. 8.    Notice of permit order.  Notice of orders 
 made after hearing must be given by publication of the order 
 once a week for two successive weeks in a legal newspaper in the 
 county where the hearing was held and by mailing copies of the 
 order to parties who entered an appearance at the hearing.  

    Subd. 9.    Time for issuance of order.  The 
 commissioner shall make an order within 60 days after the 
 completion of the hearing.  

    Subd. 10.    Charges for excavation of minerals.  The 
 commissioner must impose charges for the excavation of minerals 
 from the beds of public waters, as provided in chapter 93.  

    Subd. 11.    Limitations on permits.  (a) Except as 
 otherwise expressly provided by law, a permit issued by the 
 commissioner under this chapter is subject to:  

    (1) cancellation by the commissioner at any time if 
 necessary to protect the public interests; 

    (2) further conditions on the term of the permit or its 
 cancellation as the commissioner may prescribe and amend and 
 reissue the permit; and 

    (3) applicable law existing before or after the issuance of 
 the permit.  

    (b) Permits issued to irrigate agricultural land under 
 section 103G.295, or considered issued, are subject to this 
 subdivision and are subject to cancellation by the commissioner 
 upon the recommendation of the supervisors of the soil and water 
 conservation district where the land to be irrigated is located. 

    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 
 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.  

    Subd. 13.    Period for activities under permit.  (a) 
 The commissioner shall set the time period within which:  

    (1) construction authorized in the permit must be 
 completed; or 

    (2) an appropriation or use of water must be made. 

    (b) The time must not exceed five years from the date of 
 the permit.  

    (c) The time period may be extended by the commissioner 
 after application and for good cause demonstrated by the 
 permittee.  

    Subd. 14.    Irrevocability of certain permits related to 
 mining.  (a) Permits granted in connection with the mining, 
 transporting, concentration, or shipment of taconite as defined 
 in section 93.20, subdivision 18, and permits granted in 
 connection with the mining, production, or beneficiation of 
 copper, copper-nickel, or nickel, are irrevocable for the term 
 of the permits without the consent of the permittee, except for 
 breach or nonperformance of any condition of the permit by the 
 permittee.  

    (b) The commissioner may allow and prescribe in the permit 
 any time the commissioner considers reasonable, notwithstanding 
 the limitations under subdivision 13, limitations of time 
 contained in this section for beginning or completing 
 construction or operations under the permit, or exercising the 
 rights granted under the permit.  

    (c) The commissioner may extend the time, for cause shown, 
 upon the application of the permittee.  

    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.  

    HIST: 1990 c 391 art 7 s 37; 1995 c 218 s 14,15 

     103G.401 Application for establishment of lake levels. 

    (a) Applications for authority to establish and maintain 
 levels of public waters and applications to establish the 
 natural ordinary high water level of public waters may be made 
 to the commissioner by a public body or authority or by a 
 majority of the riparian owners on the public waters.  

    (b) To conserve or utilize the water resources of the 
 state, the commissioner may initiate proceedings to establish 
 and maintain the level of public waters.  

    HIST: 1990 c 391 art 7 s 38 

     103G.405 Water level control for landlocked lakes. 

    (a) Except as provided in paragraph (c), the commissioner 
 must issue a water level control permit to establish a control 
 elevation for a landlocked lake below the ordinary high water 
 level for the lake if: 

    (1) the commissioner finds that: 

    (i) the control is necessary to prevent adverse impacts to 
 the lake or adjoining property; 

    (ii) other reasonable or cost-effective alternatives are 
 not available; and 

    (iii) natural resource or hydrologic conditions exist in 
 the watershed that would limit the potential for continuous 
 discharge of excess waters from the lake; and 

    (2) the outlet and discharge of excess waters is addressed 
 in an approved water management plan under chapter 103B or 103D. 

    (b) In addition to the requirements in section 103G.301, 
 subdivision 6, if the proposed control elevation is more than 
 1-1/2 feet below the ordinary high water level, the permit 
 applicant shall serve a copy of the application on each county 
 and municipality within which any portion of the lake is located 
 and the lake improvement district, if one exists. 

    (c) The commissioner may not issue a permit to establish a 
 control elevation more than 1-1/2 feet below the ordinary high 
 water level of a lake if a county, municipality, watershed 
 district, or lake improvement district required to be served 
 under paragraph (b) or section 103G.301, subdivision 6, files a 
 written objection to the issuance of the permit with the 
 commissioner within 30 days after receiving a copy of the 
 application. 

    HIST: 1990 c 391 art 7 s 39; 1996 c 407 s 45 

     103G.411 Stipulation of low-water mark. 

    If the state is a party in a civil action relating to the 
 navigability or ownership of the bed of a body of water, river, 
 or stream, the commissioner, in behalf of the state, with the 
 approval of the attorney general, may agree by written 
 stipulation with a riparian owner who is a party to the action 
 on the location of the ordinary low-water mark on the riparian 
 land of the party.  After the stipulation is executed by all 
 parties, it must be presented to the judge of the district court 
 where the action is pending for approval.  If the stipulation is 
 approved, the judge shall make and enter an order providing that 
 the final judgment when entered shall conform to the location of 
 the ordinary, low-water mark as provided for in the stipulation 
 as it relates to the parties to the stipulation.  

    HIST: 1990 c 391 art 7 s 40 

     103G.415 Big Stone Lake, seasonal water level. 

    Subdivision 1.    Desirable water level elevation 
 determined.  The most desirable and beneficial level for the 
 waters of Big Stone Lake from May 1 to October 1 is elevation 
 967, project datum, and the director of game and fish of South 
 Dakota and the commissioner of natural resources of Minnesota 
 shall maintain and operate the Big Stone control dam in 
 conformance with this elevation.  

    Subd. 2.    Regulation at levels less than desirable 
 elevation.  When the water elevation of Big Stone Lake is 967 
 or less, project datum: 

    (1) stop logs must be kept in place and maintained in the 
 outlet dam of Big Stone Lake; and 

    (2) the outflow from the outlet dam must be regulated not 
 to exceed 100 cubic feet per second.  

    HIST: 1990 c 391 art 7 s 41 

     103G.421 Control of Mississippi headwater lakes. 

    Subdivision 1.    Reason for control.  The legislature 
 finds that the regulation, control, and utilization of waters in 
 the headwater lakes in the Mississippi River, including Leech 
 Lake, Winnibigoshish Lake, Pokegama Lake, Pine River, the 
 Whitefish chain, Sandy Lake, and Gull Lake are of tremendous 
 economic importance and value to the state and the utility of 
 these lakes in aid of navigation has been very greatly 
 diminished since the time of the establishment of the 
 reservoirs, and that the economic values in utilization of these 
 waters for state purposes has increased tremendously.  These 
 factors require the assertion on the part of the state of 
 Minnesota of its rights to utilization and control of these 
 water areas.  

    Subd. 2.    Joint federal-state control.  The 
 commissioner shall enter into cooperative agreements with the 
 United States of America acting through the Department of the 
 Army for the joint control and regulation of the Mississippi 
 headwater reservoirs to control the water elevations and the 
 water discharges from the Mississippi headwaters lakes in the 
 interests of the state, subject only to: 

    (1) a paramount need of waters from these sources in aid of 
 substantial navigation requirements; and 

    (2) a substantial requirement of providing necessary flood 
 control storage capacity as determined by the United States 
 Department of the Army Corps of Engineers.  

    Subd. 3.    Plan for dam operation.  (a) The 
 commissioner must develop a plan for the operation of the dams 
 controlling each of the Mississippi headwater reservoirs that: 

    (1) establishes the water elevation on each of the 
 Mississippi headwater lakes at the most desirable height and 
 stabilizes the stages at that point, as practicable, during the 
 recreational use season; 

    (2) considers reasonable fluctuations when desirable for 
 the production of wild rice in the wild rice producing areas of 
 Mississippi headwater lakes; 

    (3) considers the elevations most desirable for the 
 production and maintenance of wildlife resources; 

    (4) considers the needs of water for recreation, 
 agriculture, forestry, game and fish, industry, municipal water 
 supply and sewage disposal, power generation, and other purposes 
 in the Mississippi River headwaters and downstream; 

    (5) establishes stages at which the water will be 
 maintained, as practicable, but recognizing the following 
 minimum stages in reference to present zeros on the respective 
 government gauges: 

    (i) Leech Lake ...............0.0; 

    (ii) Winnibigoshish Lake .....6.0; 

    (iii) Pokegama Lake ..........6.0; 

    (iv) Sandy Lake ..............7.0; 

    (v) Pine River ...............9.0; 

    (vi) Gull Lake ...............5.0; 

    (6) prescribes maximum discharges when the elevations fall 
 below the stages; and 

    (7) prescribes maximum elevations and amounts of discharge 
 from each lake to stabilize and effectuate the desired stages 
 and, as practicable, does not allow the elevation to exceed the 
 following maximum lake stages: 

    (i) Leech Lake ...............3.5; 

    (ii) Winnibigoshish Lake ....12.0; 

    (iii) Pokegama Lake .........12.0; 

    (iv) Sandy Lake .............11.0; 

    (v) Pine River ..............14.0; 

    (vi) Gull Lake ...............7.0.  

    (b) The plan developed by the commissioner must consider 
 the following conditions: 

    (1) the necessity for changing discharges to meet 
 emergencies resulting from unexpected or abnormal inflows; 

    (2) the possibility of overriding requirements of the 
 federal government for substantial discharges to meet reasonable 
 and substantial navigation requirements; and 

    (3) the overriding authority and needs as prescribed by the 
 United States Department of the Army Corps of Engineers in 
 discharging their functions of requiring additional storage 
 capacity for flood control purposes.  

    Subd. 4.    Notice of plan.  Before the plan of 
 operation for a headwater lake is effective, the commissioner 
 must publish a notice of hearing on the plan of operation for 
 two weeks in a newspaper in each county where the affected 
 waters are located.  

    Subd. 5.    Hearing on plan.  (a) The hearing must be 
 conducted by the commissioner or an appointed referee.  The 
 hearing will not be governed by legal rules of evidence, but the 
 findings of fact and orders, to be made and formulated by the 
 commissioner, must be predicated only on relevant, material, and 
 competent evidence.  

    (b) Interested parties must have an opportunity to be 
 heard, under oath, and are subject to cross-examination by 
 adverse parties and by the attorney general or the attorney 
 general's representative who shall represent the commissioner at 
 the hearing.  

    (c) The findings of fact and orders incorporating the plan 
 determined by the commissioner must be published for two weeks 
 in the same manner as the notice of hearing.  

    Subd. 6.    Appeal.  A riparian owner or water user 
 aggrieved by the commissioner's findings has the right to appeal 
 by 30 days after completion of publication of the findings and 
 order to the district court of a county where the regulated 
 water is located.  The appeal shall be determined by the court 
 on the record made before the commissioner.  Issues on the 
 appeal are limited to the legal rights of the parties and 
 whether the findings of the commissioner are reasonably 
 supported by the evidence at the hearing.  

    Subd. 7.    Modifications.  (a) After a plan has been 
 put into effect, the commissioner is authorized to modify the 
 stages sought to be maintained by modifying the plan with 
 respect to any of the lakes involved to the extent of one foot 
 in elevation according to the zeros of the present government 
 gauges without holding additional hearings, except a departure 
 from the elevation target may not be made to reduce proposed 
 stages below the minimums prescribed by subdivision 3, paragraph 
 (a), clause (5), during the recreational season.  

    (b) A modification of the established plan that departs by 
 more than one foot in elevation may be placed into effect only 
 after a hearing is held in the same manner as the hearing 
 establishing the plan as provided under subdivisions 4 and 5.  

    HIST: 1990 c 391 art 7 s 42 

     103G.501 Construction of private dams on nonnavigable 
  waters. 

    Subdivision 1.    Procedure to acquire flowage rights.  
 If a person desires to raise and extend or erect and maintain a 
 dam on the person's property across a stream or other 
 watercourse that is not navigable to create or improve a 
 waterpower for milling or manufacturing purposes and property 
 owned by other persons will be overflowed or otherwise damaged, 
 the person desiring to erect or extend or raise the dam may 
 acquire the right to do so by petitioning the court and having 
 damages ascertained and paid as prescribed in chapter 117.  

    Subd. 2.    Dam may not damage previous waterpower.  A 
 dam may not be erected, raised, or maintained under this section 
 that damages a waterpower previously developed.  

    Subd. 3.    Project and repair completion times.  If the 
 right to erect, raise, or extend a dam is acquired under 
 subdivision 1, the project must be started within one year, 
 completed, and the waterpower applied to the purpose stated in 
 the petition within three years after the right to erect, raise, 
 or extend the dam is acquired.  If a dam or the machinery 
 connected with the dam is destroyed, the rebuilding of the dam 
 or machinery must be started and completed within the same 
 periods after the destruction.  

    Subd. 4.    Forfeiture.  Failure to comply with 
 subdivision 3 or failure to operate a mill or machinery for one 
 consecutive year after it is erected forfeits the rights 
 acquired under subdivision 1 unless the owner is an infant, or 
 is otherwise legally disabled, in which case the periods under 
 this section begin after the disability is removed.  

    HIST: 1990 c 391 art 7 s 43 

     103G.505 Dam construction and maintenance by state. 

    Subdivision 1.    Authorization.  The commissioner may 
 construct, maintain, and operate dikes, dams, and other 
 structures necessary to maintain uniform water levels 
 established under this chapter to improve navigation, protect 
 and improve domestic water supply, protect and preserve fish and 
 other wildlife, protect the public interest in the shore and 
 shorelines of public waters, and promote public health.  

    Subd. 2.    Authority to acquire land.  The commissioner 
 may acquire lands or any necessary interest in lands by 
 purchase, gift, or condemnation.  

    Subd. 3.    Operation of dams on state property.  Dams 
 owned by the state or built on property owned or controlled by 
 the state must be maintained under the direction of the 
 commissioner and operated under the commissioner's direction and 
 control.  

    Subd. 4.    Acceptance of local funding.  The 
 commissioner may accept funds from local governmental and civic 
 agencies or persons to acquire property for or to construct, 
 maintain, or operate dams and control structures.  

    HIST: 1990 c 391 art 7 s 44 

     103G.511 Publicly owned dam repair. 

    Subdivision 1.    Authorization.  The commissioner may:  

    (1) repair or reconstruct state-owned dams; 

    (2) make engineering evaluations related to the repair or 
 reconstruction of dams owned by political subdivisions; and 

    (3) grant aid to political subdivisions to repair or 
 reconstruct dams owned by political subdivisions.  

    Subd. 2.    Engineering evaluations.  The engineering 
 evaluations may include studies of the feasibility, 
 practicality, and environmental effects of using dams for 
 hydroelectric power generation.  

    Subd. 3.    Funding.  (a) Except as provided in this 
 section, a grant to a political subdivision may not exceed the 
 amount contributed to the project by the political subdivision 
 from local funds.  

    (b) Federal general revenue sharing money may be counted as 
 local funds, but other federal grants or loans must be used to 
 reduce equally the state share and the local share of project 
 costs.  

    (c) A grant to study the feasibility, practicality, and 
 environmental effects of using a dam for hydroelectric power 
 generation may be for an amount up to 90 percent of the costs of 
 the study.  

    Subd. 4.    Investigation.  The commissioner may repair 
 or reconstruct a state-owned dam or make a grant to a political 
 subdivision only after making an investigation of the dam. 

    Subd. 5.    Application.  A political subdivision 
 desiring a grant for the repair or reconstruction of a dam may 
 apply for the grant on forms supplied by the commissioner.  

    Subd. 6.    Determination of grant.  The commissioner 
 shall consider all relevant factors in determining whether to 
 repair or reconstruct a state-owned dam or to make a grant to a 
 political subdivision including: 

    (1) the age and type of construction of the dam; 

    (2) the use of the dam for water supply, flood control, 
 navigation, hydroelectric power generation, recreation, wildlife 
 management, scenic value, or other purposes related to public 
 health, safety, and welfare; 

    (3) the consequences of abandonment, removal, or alteration 
 of the dam; 

    (4) prospective future uses of the dam; and 

    (5) the relative importance of the dam to the statewide 
 water resource program.  

    Subd. 7.    Hearing.  The commissioner may hold a public 
 hearing under section 103G.311 on the proposed repair or 
 reconstruction after giving notice.  If the hearing is held at 
 the request of a political subdivision, the costs of publishing 
 notice and of taking and preparing the stenographic record must 
 be paid by the political subdivision.  

    Subd. 8.    Operation agreement.  To receive a grant, 
 the political subdivision must enter into an agreement with the 
 commissioner giving assurance that the government unit will 
 operate and maintain the dam in a safe condition for the benefit 
 of the public and must agree to other conditions the 
 commissioner considers reasonable.  

    Subd. 9.    Limitations.  (a) If the cost of repair or 
 reconstruction of a state-owned dam or a grant to a political 
 subdivision is less than $250,000, the commissioner may direct 
 that the state-owned dam be repaired or reconstructed or that a 
 grant be made to repair or reconstruct a dam owned by a 
 political subdivision.  

    (b) If the cost of repair or reconstruction of a 
 state-owned claim or grant to a political subdivision is 
 $250,000 or more, the commissioner may recommend the project to 
 the legislature for its consideration and action, except in an 
 emergency under paragraph (c).  

    (c) The commissioner, with the approval of the commissioner 
 of finance after consulting with the legislative advisory 
 commission, may direct that a state-owned dam be repaired or 
 reconstructed or a grant be made to a political subdivision if 
 the commissioner determines that an emergency exists and: 

    (1) there is danger that life will be lost; or 

    (2) that substantial property losses will be suffered if 
 action is not promptly taken.  

    Subd. 10.    Loans for local share of project costs.  
 (a) If the commissioner decides to recommend a dam repair or 
 reconstruction grant for a political subdivision to the 
 legislature, the commissioner must notify the political 
 subdivision and the commissioner of finance of the decision.  
 After being notified by the commissioner of natural resources, 
 the political subdivision may apply to the commissioner of 
 finance on forms supplied by the commissioner of finance for a 
 loan up to 90 percent of the local share of the project costs.  

    (b) The loan is repayable over a period not longer than 20 
 years, with interest at a rate sufficient to cover the cost to 
 the state of borrowing the money.  

    (c) A political subdivision receiving a dam safety loan 
 must levy for the loan payment in the year the loan proceeds 
 were received and each later year, until the loan is paid.  The 
 levy must be for: 

    (1) the amount of the annual loan payment; or 

    (2) the amount of the loan payment less the amount the 
 political subdivision certifies is available from other sources 
 for the loan payment. 

    (d) Upon approval of the project grant by the legislature, 
 the commissioner of finance shall make the loan in an amount and 
 on terms that are appropriate.  Loans made under this 
 subdivision do not require approval by the electors of the 
 political subdivision as provided in section 475.58.  

    (e) Principal and interest payments received by the 
 commissioner of finance in repayment of these loans are 
 appropriated to the state bond fund.  

    Subd. 11.    Commissioner's order to repair or reconstruct 
 a dam.  (a) If a political subdivision fails to comply with a 
 commissioner's order to repair or remove a dam under section 
 103G.515, the commissioner may repair or remove the dam as 
 provided in this subdivision.  

    (b) The commissioner must hold a hearing under section 
 103G.311 on the failure of the political subdivision to repair 
 or remove the dam.  After the hearing, the commissioner must 
 make findings specifying the failure of the political 
 subdivision to act and shall, by order, assume the powers of the 
 legislative authority of the political subdivision in regard to 
 the repair or removal of dams.  

    (c) After issuing the order, the commissioner has the same 
 powers, insofar as applicable to the repair or removal of dams, 
 as the commissioners of administration and the pollution control 
 agency have in the construction, installation, maintenance, or 
 operation of a municipal disposal system, or part of a system, 
 or issuing bonds and levying taxes under section 115.48.  

    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, 
 reconstruction, or removal and report 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.  

    HIST: 1990 c 391 art 7 s 45; 1994 c 643 s 50; 1995 c 218 s 16 

     103G.515 Examination and repair of dams and reservoirs. 

    Subdivision 1.    Examination of structure.  The 
 commissioner may examine a reservoir, dam, control structure, or 
 waterway obstruction after receiving a complaint or determining 
 an examination is needed.  The commissioner, or an authorized 
 agent, must be granted access at any reasonable time to examine 
 the reservoir, dam, control structure, or waterway obstruction.  

    Subd. 2.    Additional engineering investigations.  (a) 
 After making an examination, if the commissioner determines that 
 additional engineering investigations are necessary to determine 
 the safety of a dam, reservoir, control structure, or waterway 
 obstruction and the nature and extent of the necessary repairs 
 or alterations, the commissioner must notify the owner to have 
 investigations made at the owner's expense.  

    (b) The result of the investigation must be filed with the 
 commissioner for use in determining the condition of the 
 structures and the need for their repair, alteration, or removal.

    Subd. 3.    Repair, alteration, or removal required.  
 (a) If the commissioner determines that the reservoir, dam, 
 control structure, or waterway obstruction is unsafe or needs 
 repair or alteration, the commissioner shall notify the owner of 
 the structure with an order to repair, alter, or remove the 
 structure.  The order must be issued in the same manner as if 
 the owner had applied for a permit for the repairs, alterations, 
 or removal.  

    (b) The engineering investigations or the work of repair, 
 alteration, or removal must begin and be completed within a 
 reasonable time prescribed by the commissioner.  

    Subd. 4.    Dam inspection fee.  (a) The commissioner 
 shall adopt rules which must include a fee schedule to cover the 
 cost of dam inspection and must classify structures to 
 adequately define risks and hazards involved in relation to 
 public health, safety, and welfare.  

    (b) The rules may not impose a field inspection fee on any 
 state agency, political subdivision of the state, or federal 
 governmental agency.  

    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. 

    HIST: 1990 c 391 art 7 s 46; 1995 c 218 s 17 

     103G.521 Transfer of authority over state dams. 

    Subdivision 1.    Application for transfer.  (a) Upon 
 application by resolution of the governing body of a political 
 subdivision authorized to maintain and operate dams or other 
 control structures affecting public waters, the commissioner, 
 with the approval of the executive council, may transfer to the 
 political subdivision the custody of a dam or other control 
 structures owned by the state and under the supervision or 
 control of the commissioner if the commissioner determines that 
 the transfer will promote the best interests of the public.  The 
 transfer must be made by order of the commissioner on the terms 
 and conditions the commissioner sets for maintenance and 
 operation of the project.  

    (b) In connection with the transfer, the commissioner may 
 convey land, easements, or other state property pertaining to 
 the project to the transferee by deed or another appropriate 
 instrument in the name of the state, subject to conditions and 
 reservations prescribed by the commissioner.  A duplicate of 
 each order, conveyance, or other instrument executed by the 
 commissioner in connection with a transfer must be filed with 
 the commissioner of finance.  

    Subd. 2.    Payment for transfer.  A transfer may be 
 made with or without payment of money to the state, as agreed 
 upon between the commissioner and the transferee.  If a payment 
 is received as part of the transfer, the amount must be 
 deposited into the state treasury and credited to the general 
 fund.  

    HIST: 1990 c 391 art 7 s 47; 1994 c 643 s 51 

     103G.525 Limitations on transfers of ownership of dams. 

    The state, a state department or agency, a county, 
 municipality, town, or other governmental entity may not 
 purchase or accept as a gift a privately owned dam subject to 
 permit requirements until: 

    (1) the commissioner has examined the dam; 

    (2) the commissioner has prepared a report of the 
 examination; 

    (3) the report has been filed with the legislature; and 

    (4) the legislature has had an opportunity to consider the 
 report and has not prohibited the purchase or gift during the 
 legislative session in which the report is filed or, if the 
 report is filed when the legislature is not in session, the 
 legislature has not prohibited the gift or purchase at the next 
 session.  

    HIST: 1990 c 391 art 7 s 48 

     103G.531 Dam permit exceptions. 

    Subdivision 1.    Permit not required for original 
 construction of structures before July 1, 1937.  This chapter 
 does not authorize the commissioner to require a permit for the 
 original construction of dams, reservoirs, or control works in 
 existence on and before July 1, 1937.  

    Subd. 2.    Minor dam exclusion.  The commissioner shall 
 adopt rules that exclude minor dams such as those less than six 
 feet in height or that impound less than 50 acre-feet of water 
 storage at maximum storage elevations from permit requirements.  
 The rules do not apply to a barrier six feet or less in height, 
 regardless of storage capacity, or to a barrier creating a 
 storage capacity at maximum water storage elevation of 15 
 acre-feet or less, regardless of height.  

    HIST: 1990 c 391 art 7 s 49 

     103G.535 Hydropower generation. 

    Subdivision 1.    Public purpose.  The legislature finds 
 that: 

    (1) the public health, safety, and welfare of the state is 
 also promoted by the use of state waters to produce 
 hydroelectric or hydromechanical power in a manner consistent 
 with laws relating to dam construction, reconstruction, repair, 
 and maintenance; and 

    (2) the leasing of existing dams and potential dam sites 
 primarily for power generation is a valid public purpose.  

    Subd. 2.    Authority for lease of sites.  A political 
 subdivision, or the commissioner with the approval of the state 
 executive council for state-owned dams, may provide by a lease 
 or development agreement for the development and operation of 
 dams, dam sites, and hydroelectric or hydromechanical power 
 generation plants by an individual, a corporation, an 
 organization, or other legal entity on terms and conditions in 
 subdivision 5.  

    Subd. 3.    Installations less than 15,000 kilowatts 
 unused on January 1, 1984.  If an installation of 15,000 
 kilowatts or less at a dam site and reservoir was unused on 
 January 1, 1984, in connection with the production of 
 hydroelectric or hydromechanical power, the lease or development 
 agreement negotiated by the political subdivision and the 
 developer constitutes full payment by the lessee and may be in 
 lieu of all real or personal property taxes that might otherwise 
 be due to a political subdivision.  

    Subd. 4.    Municipality or town approval.  If the dam, 
 dam site, or power generation plant is located in or contiguous 
 to a municipality or town, other than the lessor political 
 subdivision, the lease or agreement is not effective unless it 
 is approved by the governing body of the municipality or town. 

    Subd. 5.    Contents of development agreement.  (a) An 
 agreement for the development or redevelopment of a hydropower 
 site must contain provisions to assure the maximum financial 
 return to the political subdivision or the commissioner.  

    (b) An agreement may contain:  

    (1) the period of the development agreement up to 99 years, 
 subject to negotiations between the parties, and conditions for 
 extension, modification, or termination; 

    (2) provisions for a performance bond on the developer or 
 certification that the equipment and its installation have a 
 design life at least as long as the lease; and 

    (3) provisions to assure adequate maintenance and safety in 
 impoundment structures and access to recreational sites.  

    HIST: 1990 c 391 art 7 s 50; 1994 c 643 s 52 

     103G.541 Municipal dams on Red River of the North. 

    Subdivision 1.    Authority to construct dam.  A 
 municipality owning or permanently controlling property where a 
 proposed dam is to be constructed may: 

    (1) construct a dam on the property and across that portion 
 of the Red River of the North that forms a part of the boundary 
 common to this state and the state of North Dakota to conserve 
 water for municipal, commercial, and domestic use; and 

    (2) construct, in connection with the dam structures, 
 fishways, raceways, sluiceways, and wasteways necessary or 
 convenient for the proper construction and utility of the dam 
 and as may be required by law.  

    Subd. 2.    Consent of the United States and North Dakota. 
  If required by law or treaty, the municipality must first 
 obtain the consent of the United States and of the state of 
 North Dakota for the construction.  

    HIST: 1990 c 391 art 7 s 51 

     103G.545 Dams and water level control in Cook, Lake, and 
  St. Louis counties. 

    Subdivision 1.    Purpose.  The purpose of this section 
 is to preserve shorelines, rapids, waterfalls, beaches, and 
 other natural features in an unmodified state of nature.  

    Subd. 2.    Legislative approval required for control 
 structures and water levels.  Except as provided in this 
 section, specific authority must be given by law after 
 consideration by the legislature with regard to control 
 structures or water levels within or bordering on the area of 
 Cook, Lake, and St. Louis counties designated in the Act of 
 Congress of July 10, 1930, United States Code, title 16, section 
 577, before: 

    (1) dams or additions to existing dams may be constructed 
 in or across public waters; 

    (2) alteration of the natural water level or volume of 
 flowage of public waters may be made; or 

    (3) an easement for flooding or overflowing or otherwise 
 affecting state property adjacent to public waters may be 
 granted.  

    Subd. 3.    Recreational and logging dams.  With the 
 written approval of the commissioner and the signed authority of 
 the executive council, dams for public recreational uses or dams 
 essential for logging or for logging reservoirs that do not 
 exceed 100 acres in size may be constructed to temporarily 
 maintain water levels up to but not higher than the normal 
 high-water marks.  The approval is subject to fees recommended 
 by the commissioner, time limitation, and other conditions 
 designed fully to protect the public interest and purpose of 
 this section.  

    Subd. 4.    Exception and requirement for certain 
 waterpower sites.  (a) This section does not apply to the 
 portion of a proposed development for waterpower purposes that 
 was actually occupied and maintained by an applicant for a 
 license to make the development under the terms of the federal 
 waterpower act if the application for the license was pending on 
 or before January 1, 1928.  

    (b) The occupant may occupy and use the state lands and 
 waters occupied on January 1, 1928, and used up to an elevation 
 not exceeding two feet above the lowest crest of the spillway or 
 overflow dam of the occupant as constructed on January 1, 1928, 
 for as long as the land and water is needed for waterpower 
 purposes.  Water control structures may not be used higher than 
 the structures used before January 1, 1928.  

    (c) The occupant shall pay to the state annual compensation 
 determined by the commissioner after investigation for the use 
 of the state lands affected.  The occupant must promptly pay the 
 state reasonable compensation for any further damage to state 
 lands or timber caused by waterpower development, other than is 
 covered by the compensation paid for the use of the lands.  

    Subd. 5.    Penalty.  Any person who willfully or 
 knowingly violates a provision of this section or of an order 
 made by the commissioner under this section is guilty of a gross 
 misdemeanor. 

    HIST: 1990 c 391 art 7 s 52; 1991 c 199 art 1 s 18 

     103G.551 Dams used only for water level regulation. 

    Subdivision 1.    Applicability.  This section and 
 section 103G.555 apply to public waters if: 

    (1) a dam constructed or maintained in any manner has 
 existed in the outlet of the lake affecting the water level of 
 the lake for a continuous period of at least 15 years; 

    (2) the lake has been used by the public for navigation, 
 fishing, hunting, or other beneficial public purposes 
 continuously throughout the 15-year period when allowed by 
 natural conditions; 

    (3) the use of the dam for a purpose other than regulating, 
 controlling, or maintaining the water level of the lake in aid 
 of navigation, propagation of fish or waterfowl, or other 
 beneficial public purposes has been discontinued; 

    (4) continued regulation, control, or maintenance of the 
 water levels of the lake by the dam in the same manner as during 
 the 15-year period would be desirable and in the public 
 interests in navigation, propagation of fish or waterfowl, or 
 other beneficial public uses of the lake; and 

    (5) discontinuance of regulation of water levels through 
 deterioration or removal of the dam would be detrimental to 
 public interests in navigation, propagation of fish and 
 waterfowl, or other beneficial public uses.  

    Subd. 2.    Dedication of perpetual flowage easement.  
 (a) Owners of property and interests in property bordering on a 
 lake or connecting waters affected by a dam are considered to 
 have dedicated to the state for the use and benefit of the 
 public a perpetual flowage easement on the property for all 
 overflow and other effects of water on their property resulting 
 from the existence, maintenance, or operation of the dam during 
 the 15-year period.  

    (b) The perpetual flowage easement has the extent and 
 effect as if the state had:  

    (1) owned and controlled the dam; 

    (2) regulated, controlled, and maintained the water levels 
 of the lake and connecting waters affected by the dam for public 
 use and benefit under the conditions existing during the 15-year 
 period; and 

    (3) acquired the flowage easement by prescription.  

    Subd. 3.    Conveyance of flowage easement to commissioner 
 authorized.  The commissioner may accept a conveyance or 
 release of a property or an interest in property that grants the 
 state a flowage easement on the property for overflow or other 
 effects of water resulting from the existence, maintenance, or 
 operation of a dam, or reconstruction or improvement of a dam, 
 or construction of a dam in the outlet of a lake to regulate, 
 control, or maintain the water level of the lake in aid of 
 navigation, propagation of fish or waterfowl, or other 
 beneficial public purposes.  

    Subd. 4.    Determination of easement rights.  (a) An 
 action may be brought in the name of the state in the district 
 court of the county where affected property is located to 
 determine:  

    (1) the extent and effect of a flowage easement obtained by 
 the state; 

    (2) the title and rights of the state under the flowage 
 easement; 

    (3) adverse claims to the flowage easement; and 

    (4) the rights of all parties interested in or affected by 
 the flowage easement.  

    (b) The action may be brought by the attorney general upon 
 the attorney general's own initiative or on request of the 
 commissioner.  On request of the attorney general, the county 
 attorney of the county where the property affected by the 
 flowage easement is located shall assist in bringing the action. 

    (c) Part or all of the property affected by the flowage 
 easement that is bordering on one lake and the connecting waters 
 of the lake and located in one county may be included in one 
 action.  The parties interested in the affected property may be 
 joined as defendants in the action.  

    (d) Except as otherwise provided in this section and 
 section 103G.555, the law relating to actions for the 
 determination of title to real estate in the district court 
 governs the action.  

    (e) The cost of the action may be paid from money 
 appropriated for the maintenance, operation, and control of the 
 dam involved, or may be paid by the county where the lake and 
 connecting waters are located.  

    Subd. 5.    Higher ordinary high water levels.  (a) If 
 the water levels maintained by a dam that has existed as 
 provided in subdivision 1 have established an ordinary high 
 water level above the natural ordinary high water level, the 
 ordinary high water level reestablishes the natural ordinary 
 high water level of the waters.  Property owners and the owners 
 of an interest in property affected by the reestablished natural 
 ordinary high water level are presumed to have consented to the 
 reestablished natural ordinary high water level and to have 
 dedicated their property to the state for the use and benefit of 
 the public.  

    (b) The commissioner may determine the reestablished 
 natural ordinary high water level in the same manner as provided 
 by law for the determination of natural ordinary high water 
 levels.  The determination is prima facie evidence of the level 
 and has the same effect as a determination of natural ordinary 
 high water level by the commissioner.  

    Subd. 6.    Easements, appurtenant to dam.  A flowage 
 easement obtained by the state under this section attaches and 
 is appurtenant to a dam that is acquired or taken over and 
 maintained or controlled in aid of public navigation, 
 propagation of fish or waterfowl, or other beneficial public 
 purposes by the commissioner or another agency of the state, a 
 county, a political subdivision, or a combination authorized by 
 law.  The flowage easement attaches and is appurtenant to the 
 reconstruction or improvement of the dam and to a new dam 
 constructed in the outlet of the lake that is taken over and 
 maintained or controlled by the commissioner, a state agency, a 
 county, a political subdivision, or a combination authorized by 
 law.  

    Subd. 7.    State control of abandoned dams.  (a) If a 
 dam not owned or controlled by the state or a public agency is 
 not used or maintained by or under the authority of the owner of 
 the dam for a lawful purpose for a continuous period of at least 
 15 years, the dam and the dam site are presumed to be abandoned 
 by the owner and dedicated to the state with flowage easements 
 appurtenant for the use and benefit of the public.  The 
 commissioner:  

    (1) shall take possession of the dam and the dam site and 
 the flowage easements on behalf of the state and use, maintain, 
 operate, and control the dam, dam site, and flowage easements 
 for public purposes; or 

    (2) may dispose of the dam, dam site, or flowage easements 
 for public purposes as provided in paragraph (b) or as otherwise 
 authorized by law.  

    (b) The commissioner may dispose of a dam, dam site, or 
 flowage easement after: 

    (1) publishing notice of a hearing on disposing of the dam, 
 dam site, or flowage easement in a legal newspaper in the county 
 where the dam is situated; 

    (2) holding a hearing; and 

    (3) determining that it is not in the public interest for 
 the state to use, maintain, operate, and control the dam.  

    (c) The commissioner may construct other or additional 
 control works to supplement or supplant the dam under other 
 provisions of law.  

    (d) The title of the state to a dam, dam site, or flowage 
 easement acquired under this subdivision may be established and 
 determined by action in the district court as provided by law 
 for actions for the determination of title to real estate.  

    (e) Before taking possession of an abandoned dam, dam site, 
 or flowage easement, the commissioner must file a written 
 certificate executed by the commissioner stating the dam is 
 abandoned and is acquired by the state, in the office of the 
 county recorder of the county where the dam is situated.  The 
 responsibility for a dam, dam site, or flowage easement is not 
 on the state until the certificate is recorded or a judgment 
 entered in an appropriate action establishing the state's title 
 to the dam, dam site, and flowage easement.  If a county or 
 other political subdivision of the state or combination desires 
 to take over an abandoned dam, dam site, and flowage easement 
 and maintain, operate, control, or dispose of the dam, dam site, 
 and flowage easement for public purposes, the commissioner may 
 convey the dam, dam site, and flowage easement from the state to 
 the county or other political subdivision or combination.  

    HIST: 1990 c 391 art 7 s 53 

     103G.555 Statute of limitations for actions against 
  public officials. 

    An action or proceeding against the state, the 
 commissioner, a county, or political subdivision or their 
 officers or agents, relating to the taking over, construction, 
 reconstruction, repair, improvement, maintenance, operation, or 
 control of a dam subject to section 103G.551 and this section or 
 the effects of water levels regulated, controlled, or maintained 
 by a dam is barred unless the action is started within one year 
 after the taking over or after the completion of the 
 construction, reconstruction, repair, or improvement.  

    HIST: 1990 c 391 art 7 s 54 

     103G.561 Statute of limitations for actions on flowage 
  easements and ordinary high water levels. 

    An action or proceeding that affects or seeks to adversely 
 affect a perpetual flowage easement dedicated to the state for 
 the use and benefit of the public as provided in section 
 103G.551, subdivision 2, or the maintaining or the right to 
 maintain a reestablished natural ordinary high water level above 
 the natural ordinary high water level of waters for which the 
 state holds a perpetual flowage easement is barred unless the 
 action or proceeding is commenced within one year from the date 
 of the order of the commissioner determining the ordinary high 
 water level of the waters under section 103G.551, subdivision 5. 

    HIST: 1990 c 391 art 7 s 55 

     103G.565 Right to overflow, obstruct, or impair highways 
  granted by governing body. 

    Subdivision 1.    Authority.  The governing body of a 
 town or municipality may allow the overflow, obstruction, or 
 impairment of a public street or other highway, or the digging 
 of a raceway in a public street or highway if it is necessary 
 for creating, improving, or operating a waterpower.  

    Subd. 2.    Procedure.  (a) The waterpower must petition 
 the governing body of the town or municipality where the street 
 or highway is located for approval.  

    (b) The governing body of the town or municipality must 
 post notice of the time, location, and purpose of the meeting on 
 the petition for ten days.  At the meeting, testimony may be 
 taken.  The governing body must make an order specifying the 
 terms and conditions of the approval.  

    (c) The expenses of the meeting must be paid by the 
 petitioner, whether the petition is granted or refused.  

    HIST: 1990 c 391 art 7 s 56 

     103G.571 Bank repair on property where overflow rights 
  are acquired. 

    Subdivision 1.    Right to repair.  If the right to 
 overflow the property of another by means of a dam is acquired 
 by condemnation or contract and afterwards the waters of the 
 stream are diverted because the banks of the property overflowed 
 break away, the owner of the dam may enter the property of the 
 person where the right to overflow is acquired and repair the 
 banks to restore the previous flow of the stream.  

    Subd. 2.    Damages of entry and repair.  The damages 
 caused by entry and repair under subdivision 1 must be paid by 
 the owner of the dam.  

    HIST: 1990 c 391 art 7 s 57 

     103G.575 Grant of flowage easements in Upper Red Lake 
  region. 

    The commissioner, on behalf of the state and with the 
 approval of the governor, may grant flowage easements on 
 state-owned land or tax-forfeited land in the region of Upper 
 Red Lake upon the terms and conditions prescribed by the 
 commissioner.  

    HIST: 1990 c 391 art 7 s 58 

     103G.601 Ice-cutting fences and guards. 

    Subdivision 1.    Fence and guard requirement.  A person 
 cutting ice in or on waters entirely or partly in the state to 
 remove ice must surround the cuttings and openings with fences 
 or guards sufficient to warn persons of the cutting before the 
 cutting is started.  The fence or guard must be maintained until 
 the ice has formed in the openings to the thickness of at least 
 six inches.  

    Subd. 2.    Penalty.  A person who fails to comply with 
 this section is guilty of a misdemeanor.  

    HIST: 1990 c 391 art 7 s 59 

     103G.605 Deicing water bodies. 

    A county board, lake improvement district, or governing 
 body of a municipality under section 459.20 may regulate the 
 construction and use of mechanical and chemical means of deicing 
 the body of water in a manner consistent with rules of the 
 commissioner.  

    HIST: 1990 c 391 art 7 s 60 

     103G.611 Water aeration safety. 

    Subdivision 1.    Requirement.  A person operating an 
 aeration system on public waters under a water aeration permit 
 must comply with the sign posting requirements of this section 
 and applicable rules of the commissioner.  

    Subd. 2.    Posting.  (a) If an aeration system is used 
 on the ice of public waters, signs must be posted by the water 
 aeration permittee at a height of from four to six feet in a 
 rectangular pattern at each corner of the open water, and 
 additional signs between the corner signs so that a sign is 
 posted at least every 100 feet. 

    (b) Additional signs must be posted by the permittee on the 
 shoreline of the public waters at each public access point and 
 other areas commonly used by the public for access to the lake.  

    (c) The signs must comply with the applicable rules of the 
 commissioner.  

    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.  

    Subd. 4.    Evidence.  In an action for negligence 
 arising out of the conduct of aeration operations authorized by 
 a water aeration permit from the commissioner during periods of 
 ice cover on public waters, evidence of compliance with the 
 posting and publication requirements of this section and 
 applicable rules and permit provisions of the commissioner are 
 prima facie evidence of the exercise of due care by the 
 permittee.  

    Subd. 5.    Water aeration rules.  The commissioner 
 shall adopt rules relating to the issuance of permits for 
 aeration, bubbler, water circulation, and similar systems used 
 to increase dissolved oxygen or to maintain open water on the 
 surface of public waters.  

    Subd. 6.    Public waters without access.  (a) A 
 riparian landowner may aerate public waters with a permit under 
 this subdivision if the public waters do not have a public 
 access and the person aerating the public waters owns all of the 
 riparian land or all of the possessory rights to the riparian 
 lands.  

    (b) The provisions of this section do not apply to the 
 aeration under this subdivision except the public waters must be 
 posted as provided under subdivision 2, paragraphs (a) and (c).  

    HIST: 1990 c 391 art 7 s 61; 1995 c 218 s 18 

     103G.615 Permits to harvest or destroy aquatic plants. 

    Subdivision 1.    Authorization.  (a) The commissioner 
 may issue permits, with or without a fee, to: 

    (1) gather or harvest aquatic plants, or plant parts, other 
 than wild rice from public waters; 

    (2) transplant aquatic plants into public waters; 

    (3) destroy harmful or undesirable aquatic vegetation or 
 organisms in public waters under prescribed conditions to 
 protect the waters, desirable species of fish, vegetation, other 
 forms of aquatic life, and the public.  

    (b) Application for a permit must be accompanied by a 
 permit fee, if required.  

    Subd. 2.    Fees.  (a) The commissioner shall establish 
 a fee schedule for permits to harvest aquatic plants other than 
 wild rice, by order, after holding a public hearing.  The fees 
 may not exceed $200 per permit based upon the cost of receiving, 
 processing, analyzing, and issuing the permit, and additional 
 costs incurred after the application to inspect and monitor the 
 activities authorized by the permit. 

    (b) The fee for a permit for chemical treatment of rooted 
 aquatic vegetation may not exceed $20 for each contiguous parcel 
 of shoreline owned by an owner.  This fee may not be charged for 
 permits issued in connection with lakewide Eurasian water 
 milfoil control programs. 

    (c) A fee may not be charged to the state or a federal 
 governmental agency applying for a permit. 

    (d) The money received for the permits under this 
 subdivision shall be deposited in the treasury and credited to 
 the game and fish fund.  

    Subd. 3.    Permit standards.  The commissioner shall, 
 by rule, prescribe standards to issue and deny permits under 
 this section.  The standards must ensure that aquatic plant 
 control is consistent with shoreland conservation ordinances, 
 lake management plans and programs, and wild and scenic river 
 plans.  

    HIST: 1990 c 391 art 7 s 62; 1992 c 462 s 18; 1993 c 235 s 4 

  103G.617 Repealed, 1996 c 385 art 2 s 8 

     103G.621 County weed and algae destruction and removal. 

    A county board, lake improvement district, or governing 
 body of a municipality under section 459.20 may regulate the 
 mechanical and chemical means of removal of weeds and algae from 
 the body of water in a manner consistent with the rules of the 
 commissioner.  

    HIST: 1990 c 391 art 7 s 64 

     103G.625 Municipal control of aquatic vegetation and 
  organisms. 

    Subdivision 1.    Authority.  The governing body of a 
 municipality or town may expend funds for the control or 
 destruction of harmful or undesirable aquatic vegetation or 
 organisms in public waters and may cooperate with other 
 governing bodies and landowners in the control or destruction.  

    Subd. 2.    Permit required.  The control or destruction 
 of the aquatic vegetation or organisms may not be started unless 
 a permit has been obtained from the commissioner under section 
 103G.615 and the work is done in accordance with the terms and 
 conditions of the permit.  

    Subd. 3.    Funding.  (a) The governing body of a 
 municipality or town may use any available funds and may levy a 
 tax on all taxable property in the municipality or town to 
 implement this section.  

    (b) To provide funds in advance of collection of the tax 
 levies, the governing body may, at any time after the tax has 
 been levied and certified to the county auditor for collection, 
 issue certificates of indebtedness in anticipation of the 
 collection and payment of the tax.  The total amount of the 
 certificates, including principal and interest, may not exceed 
 90 percent of the amount of the levy and must become payable 
 from the proceeds of the levy not later than two years from the 
 date of issuance.  The certificates shall be issued on terms and 
 conditions as the governing body may determine and sold as 
 provided in section 475.60.  

    (c) If the governing body determines that an emergency 
 exists, it may make appropriations from the proceeds of the 
 certificates for authorized purposes without complying with 
 statutory or charter provisions requiring that expenditures be 
 based on a prior budget authorization or other budgeting 
 requirement.  

    (d) The proceeds of a tax levied or an issue of 
 certificates of indebtedness must be deposited in a separate 
 fund and expended only for purposes authorized by this section.  
 If a disbursement is not made from the fund for a period of five 
 years, money remaining in the fund may be transferred to the 
 general fund.  

    HIST: 1990 c 391 art 7 s 65; 1994 c 505 art 3 s 3 

     103G.650 Recovering sunken logs on inland waters. 

    Subdivision 1.    Definitions.  (a) Unless the language 
 or context clearly indicates that a different meaning is 
 indicated, the following terms, for the purposes of this 
 section, shall have the meanings given to them. 

    (b) "District office" means the office of the area forest 
 supervisor, unless otherwise stipulated in a lease issued under 
 this section. 

    (c) "Inland waters" means navigable bodies of water within 
 the boundaries of this state, excluding boundary lakes and 
 boundary rivers. 

    (d) "Log" means a portion of the trunk of a felled tree 
 that has not been further processed for any end use. 

    (e) "Officer" means a forest officer, conservation officer, 
 or other peace officer. 

    (f) "Person" means a natural person, including a person 
 acting in a representative capacity, or a corporation, firm, or 
 association of whatever nature or kind. 

    (g) "Submerged lands" means beds of navigable waters below 
 the low water mark. 

    Subd. 2.    Title to sunken logs and historical artifacts. 
  Notwithstanding section 16B.25, title and ownership of a log 
 or historical artifact that rests for more than one year on 
 submerged land owned by the state in inland waters is considered 
 abandoned property that has forfeited to the state. 

    Subd. 3.    Application to remove sunken logs.  A person 
 who wishes to raise and remove logs that are resting on 
 submerged lands owned by the state and that are located in 
 inland waters shall make application to the commissioner for a 
 lease.  A person may not hold more than three leases at one 
 time.  Each lease must be for a specific lake or river.  A 
 resident applicant shall include with the application a fee of 
 $500.  A nonresident applicant shall include a fee of $2,500.  
 The applicant shall: 

    (1) identify the inland lake or river where the logs will 
 be raised; 

    (2) identify the submerged land area requested for the 
 lease by providing the section, township, and range in which the 
 inland water is located; 

    (3) specify the methods to be used in raising the sunken 
 logs, including any techniques with the potential to disturb 
 lake bed material; 

    (4) provide evidence of a general liability insurance 
 policy that names the state as a coinsured party and that is in 
 force for the lease with limits of at least $300,000 per 
 occurrence and $1,000,000 in aggregate; and 

    (5) include any additional information required by the 
 commissioner. 

    Subd. 4.    Review of applications.  The commissioner 
 shall review and approve applications in order by time and date 
 received to prevent two or more applications being approved for 
 the same lease.  The commissioner shall immediately notify the 
 Minnesota historical society of each application received.  The 
 commissioner shall publish notice of each application in the 
 State Register and allow 30 days for public comment.  Within 60 
 days after the time date stamp of receipt, the commissioner 
 shall either approve, modify and approve, or deny an 
 application.  In determining whether to approve an application, 
 the commissioner shall consider: 

    (1) whether the project requires a permit under section 
 103G.245; 

    (2) whether the proposed project may affect public rights 
 in navigable waters; 

    (3) whether the proposed project is subject to any 
 requirements arising under federal law; and 

    (4) whether the project meets ecological criteria for 
 protection of fish, wildlife, and native plants and their 
 habitats. 

    Subd. 5.    Lease terms.  (a) The terms and conditions 
 in this subdivision must be specified in leases issued under 
 this section.  

    (b) A lease is effective for three years and is not 
 transferable.  A lease may be renewed within 90 days of 
 expiration for a fee of $50.  

    (c) Within one year after the effective date of the lease, 
 the lessee shall commence operations to recover the logs covered 
 by the lease or the lease must be canceled.  

    (d) The lease must specify the lake or river where the 
 sunken logs may be raised.  No lake or river may be covered by 
 more than one lease under this section unless the water body is 
 located in more than one county, in which case one lease may be 
 issued in each county.  

    (e) The lessee shall comply with all conditions attached to 
 the lease by the commissioner to protect the public rights in 
 navigable water, ensure compliance with federal requirements, 
 and protect aquatic habitats.  

    (f) The lessee shall only recover logs that are submerged 
 at a water depth of 20 feet or more.  The lessee is entitled to 
 ownership of only the sunken logs recovered during the time 
 covered by the lease from submerged lands described in the lease.

    (g) The location where the recovered logs are deposited on 
 shore is subject to approval by the commissioner but in no case 
 may the operations interfere with the public's use of public 
 accesses.  

    (h) The lessee shall plainly place the number of the lease 
 on all logs recovered to adequately identify the logs from the 
 time they are hauled onto shore until they are delivered to the 
 manufacturing facility where they will be processed.  

    (i) The commissioner reserves the right to revoke the lease 
 for failure to follow the terms and conditions of the lease.  

    (j) The only acceptable method of recovery is by winching 
 so as to minimize disturbance of lake or riverbed material.  

    (k) The commissioner shall bill the lessee for the value of 
 the recovered logs based on a rate of 25 percent of the weighted 
 average selling price for all logs sold from state lands for the 
 preceding 12 months.  

    (l) If the commissioner determines that use of the lease 
 area will interfere with the present or future management 
 objectives of the commissioner, a lease may be canceled upon 21 
 business days' written notice from the commissioner to the 
 lessee.  

    (m) The lessee shall indemnify the commissioner against all 
 claims, damages, costs, and expenses, including attorney fees, 
 arising either from reclamation or from any negligence on the 
 part of the lessee.  

    (n) All divers used in recovery must be certified by the 
 National Association of Scuba Diving Schools or the Professional 
 Association of Diving Instructors.  

    (o) A lessee must notify personnel at the appropriate 
 department district office five working days before raising 
 submerged logs.  

    (p) The commissioner and staff have access to leased 
 premises, recovery vehicles, and land vehicles for inspection at 
 any and all reasonable times.  Failure to comply must result in 
 immediate suspension of recovery and loss of the lease.  

    (q) It is the responsibility of the lessee to notify the 
 Minnesota historical society before commencing log removal.  
 Upon locating historic items, the lessee must notify the 
 Minnesota historical society within one business day.  The 
 historical society shall then make a determination on the 
 disposition of the items found.  The staff of the historical 
 society shall have access to leased premises, recovery vehicles, 
 and land vehicles for inspection at any and all reasonable 
 times.  Failure to comply must result in immediate and permanent 
 suspension of all leases held by the lessee.  

    (r) An officer shall enforce the terms and conditions of a 
 lease issued under this section.  

    (s) If the lessee finds what the lessee reasonably believes 
 to be a pollutant or contaminant, the lessee shall contact the 
 pollution control agency within 24 hours.  

    (t) If the lessee recovers a log with an American Indian 
 tribal mark or brand, the lessee shall notify the nearest tribal 
 government authority within five business days. 

    Subd. 6.    Disposition of revenue.  Money collected 
 under this section must be deposited in the state treasury and 
 credited as follows: 

    (1) application fees must be credited to the general fund; 

    (2) lease proceeds must be credited to the game and fish 
 fund, unless the submerged lands are permanent school fund 
 lands; and 

    (3) lease proceeds for leases of submerged lands that are 
 permanent school fund lands must be credited to the permanent 
 school fund. 

    Subd. 7.    Penalties.  (a) Recovery of sunken logs that 
 are removed from submerged lands without a lease issued by the 
 commissioner under this section is trespass as defined in 
 section 90.301. 

    (b) After the first offense under this subdivision, a 
 person may not apply for or work under a lease issued under this 
 section to remove sunken logs for a period of one year. 

    (c) After the second offense under this subdivision, a 
 person may not apply for or work under a lease issued under this 
 section to remove sunken logs.  

    HIST: 2000 c 337 s 1 

     103G.701 Stream maintenance program. 

    Subdivision 1.    Establishment.  The commissioner shall 
 establish a stream maintenance program.  The program must 
 include grants-in-aid to participating counties.  

    Subd. 2.    Application.  A county desiring to 
 participate in the stream maintenance program must submit an 
 application for the proposed work to the commissioner on forms 
 provided by the commissioner.  Unless waived by the 
 commissioner, the county must submit the following information 
 with its application: 

    (1) a map of the county showing the stream and the specific 
 reaches of the stream to be maintained; 

    (2) photographs showing the nature and extent of the 
 maintenance problem; and 

    (3) a resolution by the county board of commissioners 
 asking to participate in the program and agreeing to provide at 
 least 25 percent of the cost of the maintenance project.  

    Subd. 3.    Contract.  After approving a stream 
 maintenance project, the commissioner shall contract with the 
 county for performance of work necessary to do the project.  The 
 contract may provide that the county share of the cost of the 
 project is paid in the form of services provided by the county.  

    Subd. 4.    Eligible projects.  The commissioner may 
 grant money for:  

    (1) cutting and removal of brush and dead or downed trees; 
 and 

    (2) removal of large rocks and other debris such as 
 concrete, asphalt, or scrap material.  

    Subd. 5.    Grants.  (a) The commissioner must apportion 
 grant money according to the relative severity of the 
 maintenance problem, the date of application for the grant, and 
 the availability of funds.  

    (b) A grant may not exceed 75 percent of the total cost of 
 a stream maintenance project.  

    (c) Money may not be disbursed for excavation, filling, or 
 for work performed until an application for the project is filed 
 with the commissioner.  

    (d) The stream maintenance work must be performed by the 
 county or under county supervision.  

    Subd. 6.    County matching funds.  A county may 
 appropriate from its general revenue fund sufficient funds to 
 match the grants-in-aid authorized in this section.  

    HIST: 1990 c 391 art 7 s 66 

     103G.705 Stream protection and improvement loan program. 

    Subdivision 1.    Loan program.  (a) A political 
 subdivision may apply to the commissioner on forms provided by 
 the commissioner for a loan for up to 90 percent of the total 
 local cost of a project to protect or improve a stream.  The 
 commissioner shall apportion loans according to the potential 
 for prevention of immediate harm to the stream, the relative 
 need for maintenance or improvements, the date of the 
 application for the loan, and the availability of funds. 

    (b) By January 15 of each year, the commissioner must 
 provide the legislature with a list of all applications received 
 by the commissioner, the loan amounts requested, and a listing 
 and explanation of the disposition of the applications. 

    (c) The commissioner must make the loan to the political 
 subdivision in the amount determined by the commissioner and 
 under the terms specified in this section.  Loans made under 
 this section do not require the approval of the electors of the 
 political subdivision as provided in section 475.58 and do not 
 constitute net debt for purposes of section 475.53 or any debt 
 limitation provision of any special law or city charter.  

    (d) A loan made under this section must be repaid without 
 interest over a period not to exceed ten years.  The 
 commissioner may charge an annual administrative fee to the 
 political subdivision. 

    (e) A political subdivision receiving a loan made under 
 this section must levy for the loan repayment beginning in the 
 year the loan proceeds are received and succeeding years until 
 the loan and the associated administrative costs are repaid.  
 The levy must be for: 

    (1) the amount of the annual loan repayment and the 
 associated administrative costs; or 

    (2) the amount of the annual loan repayment and 
 administrative costs less the amount the political subdivision 
 certifies it has received from other sources for the loan 
 repayment. 

    Subd. 2.    Stream protection and improvement fund.  
 There is established in the state treasury a stream protection 
 and redevelopment fund.  All repayments of loans made and 
 administrative fees assessed under subdivision 1 must be 
 deposited in this fund.  Interest earned on money in the fund 
 accrues to the fund and money in the fund is appropriated to the 
 commissioner of natural resources for purposes of the stream 
 protection and redevelopment program, including costs incurred 
 by the commissioner to establish and administer the program. 

    HIST: 1999 c 231 s 129 

     103G.711 State's ownership of bed of navigable river. 

    The ownership of the bed and the land under the waters of 
 all rivers in the state that are navigable for commercial 
 purposes are in the state in fee simple, subject only to the 
 regulations made by the United States with regard to the public 
 navigation and commerce and the lawful use by the public while 
 on the waters.  

    HIST: 1990 c 391 art 7 s 67