2006 Minnesota Statutes

CHAPTER 103F. PROTECTION OF WATER RESOURCES

GENERAL PROVISIONS

103F.001 EFFECT OF CHAPTER 103F ON WATER LAW.
This chapter and chapters 103A, 103B, 103C, 103D, 103E, and 103G constitute the water
law of this state and may be cited as the Water Law.
History: 1990 c 391 art 6 s 1

FLOODPLAIN MANAGEMENT

103F.101 CITATION.
Sections 103F.101 to 103F.155 may be cited as the Floodplain Management Law.
History: 1990 c 391 art 6 s 2

103F.105 FLOODPLAIN MANAGEMENT POLICY.
(a) The legislature finds:
(1) a large portion of the state's land resources is subject to recurrent flooding by overflow
of streams and other watercourses causing loss of life and property, disruption of commerce
and governmental services, unsanitary conditions, and interruption of transportation and
communications, all of which are detrimental to the health, safety, welfare, and property of the
occupants of flooded lands and the people of this state; and
(2) the public interest necessitates sound land use development as land is a limited and
irreplaceable resource, and the floodplains of this state are a land resource to be developed in a
manner which will result in minimum loss of life and threat to health, and reduction of private
and public economic loss caused by flooding.
(b) It is the policy of this state to reduce flood damages through floodplain management,
stressing nonstructural measures such as floodplain zoning and floodproofing, flood warning
practices, and other indemnification programs that reduce public liability and expense for flood
damages.
(c) It is the policy of this state:
(1) not to prohibit but to guide development of the floodplains consistent with legislative
findings;
(2) to provide state coordination and assistance to local governmental units in floodplain
management;
(3) to encourage local governmental units to adopt, enforce and administer sound floodplain
management ordinances;
(4) to provide the commissioner of natural resources with authority necessary to carry out a
floodplain management program for the state and to coordinate federal, state, and local floodplain
management activities in this state; and
(5) to provide incentives for communities to participate in the national flood insurance
program and for citizens of Minnesota to take actions such as purchasing and maintaining flood
insurance to reduce future flood damage to private property.
History: 1990 c 391 art 6 s 3; 2Sp1997 c 2 s 17

103F.111 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.111 to
103F.165.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Flood fringe. "Flood fringe" means the portion of the floodplain outside of the
floodway.
    Subd. 4. Floodplain. "Floodplain" means the areas adjoining a watercourse or water basin
that have been or may be covered by a regional flood.
    Subd. 5. Floodway. "Floodway" means the channel of the watercourse, the bed of water
basins, and those portions of the adjoining floodplains that are reasonably required to carry and
discharge floodwater and provide water storage during a regional flood.
    Subd. 6. Local governmental unit. "Local governmental unit" means a county, statutory or
home rule charter city, town, watershed district, or lake improvement district.
    Subd. 7. Mitigation. "Mitigation" means the act of alleviating the effects of floods and
flooding by moderating or reducing the severe damages resulting from floods through structural
and nonstructural flood management measures.
    Subd. 8. Mitigation measures. "Mitigation measures" means structural or nonstructural
flood management measures, or both.
    Subd. 9. Nonstructural flood management measures. "Nonstructural flood management
measures" means actions in floodplains designed to reduce the damaging effects of floods on
existing and potential users of floodplains, without physically altering the flood behavior.
Nonstructural flood management measures include:
(1) public acquisition of floodplain lands;
(2) relocation of public and private structures and facilities;
(3) floodproofing of public and private facilities;
(4) installation and operation of flood warning systems and evacuation procedures;
(5) adoption and enforcement of land use control ordinances and building codes;
(6) installation of signs and other notifications in regional flood areas; and
(7) provision of flood insurance and public education.
    Subd. 10. Regional flood. "Regional flood" means a flood that is representative of large
floods known to have occurred generally in the state and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of a 100-year recurrence interval.
    Subd. 11. Structural flood management measures. "Structural flood management
measures" means physical actions taken to modify the behavior and extent of floods and flooding,
including the construction of dams, dikes, levees, flood bypass channels, floodwater storage and
retardation structures, and water level control structures, excluding deepening or straightening of
existing stream channels.
    Subd. 12. Water basin. "Water basin" has the meaning given it by section 103G.005,
subdivision 16 .
History: 1990 c 391 art 6 s 4

103F.115 PRIORITY FOR REDUCTION OF FLOOD DAMAGE.
Floodplain management ordinances are to be given primary consideration in the reduction of
flood damage in the state and alternative methods for reducing flood damage may not be carried
out before adoption of floodplain management ordinances by local governmental units. Structural
projects which have the purpose of controlling floods are to be considered only as elements of a
floodplain management program.
History: 1990 c 391 art 6 s 5

103F.121 FLOODPLAIN MANAGEMENT ORDINANCES.
    Subdivision 1. Adoption. (a) In accordance with sections 103F.101 to 103F.155, the rules of
the commissioner and applicable laws authorizing local governmental units to adopt floodplain
management ordinances, local governmental units shall adopt, administer, and enforce floodplain
management ordinances, which must include:
(1) the delineation of floodplains and floodways;
(2) the preservation of the capacity of the floodplain to carry and discharge regional floods;
(3) the minimization of flood hazards; and
(4) the regulation of the use of land in the floodplain.
(b) The ordinances shall be based on adequate technical data and competent engineering
advice and shall be consistent with local and regional comprehensive planning.
    Subd. 2. Adoption procedure. (a) The commissioner, upon determining that sufficient
technical information is available for the delineation of floodplains and floodways on a
watercourse, shall notify affected local governmental units that technical information is available.
Within six months after receiving this notice, the local governmental units shall prepare or amend
their floodplain management ordinances in conformance with the provisions of sections 103F.101
to 103F.155 and shall submit the ordinance to the commissioner for review and approval before
adoption.
(b) The commissioner shall approve or disapprove the proposed ordinance within 120 days
after receiving it.
(c) If the proposed ordinance is disapproved, the commissioner shall return it to the local
governmental unit with a written statement of reasons for disapproval. Within 90 days after
disapproval, the local governmental unit shall resubmit an amended proposed ordinance for
further review and approval before adoption. The local governmental unit shall adopt a floodplain
management ordinance within 90 days after approval by the commissioner.
(d) A floodplain management ordinance adopted by a local governmental unit is invalid
unless it is approved by the commissioner.
(e) A local governmental unit may adopt a floodplain management ordinance in the absence
of notification by the commissioner that the required technical data is available, provided that any
such ordinance is submitted to the commissioner prior to its adoption for approval.
(f) A local governmental unit may adopt a floodplain management ordinance that is more
restrictive than required under sections 103F.101 to 103F.155.
(g) Floodplain management ordinances may be amended by a local governmental unit upon
the approval of the commissioner.
    Subd. 3. Commissioner's adoption of ordinance. (a) If a local governmental unit fails to
adopt a floodplain management ordinance, the commissioner shall adopt an ordinance that meets
the minimum standards established under section 103F.141 for the local governmental unit.
(b) The commissioner shall hold at least one public hearing on the proposed ordinance in the
manner provided in section 394.26 or 462.357, as applicable, after giving notice as provided in
section 394.26 or 462.357.
(c) The ordinance is effective for the local governmental unit on the date and in accordance
with rules prescribed by the commissioner.
(d) The ordinance shall be enforced as provided in section 394.37 or 462.362, as applicable.
The penalties provided in section 394.37 or 462.362 apply to violations of an ordinance adopted
by the commissioner.
    Subd. 4. Cost of commissioner's ordinance. (a) The cost incurred by the commissioner
in adopting a floodplain management ordinance for the local governmental unit shall be paid
by the local governmental unit upon submission to the local governmental unit of an itemized
statement of these costs by the commissioner.
(b) If the local governmental unit fails to pay the costs within 90 days after the commissioner's
statement is received, the commissioner shall file a copy of the statement of the costs for collection
by special tax levy with the county auditor of the county where the local governmental unit is
located. The county auditor, upon receiving a statement from the commissioner, shall include the
amount of the state's claim in the tax levy for general revenue purposes of the local governmental
unit. Upon completion of the tax settlement following this levy, the county treasurer shall remit
the amount due to the state to the commissioner for deposit in the state treasury.
    Subd. 5. Major alterations and hazardous uses prohibited. (a) If a floodplain has been
delineated by a floodplain management ordinance under sections 103F.101 to 103F.155, a major
alteration to a structure in existence on the effective date of the ordinance or a new fill, structure,
deposit, or other floodplain use that is unreasonably hazardous to the public or that unduly restricts
the capacity of the floodplain to carry and discharge a regional flood may not be permitted after
the effective date of the ordinance delineating the floodplain.
(b) As used in this subdivision, major alterations of existing structures do not include repair
or maintenance and do not include repairs, maintenance, or alterations to structures made under
the authority of another authorized agency of the state or federal government.
(c) This subdivision does not apply to alterations, repair, or maintenance reasonably done
under emergency circumstances to preserve or protect life or property.
(d) This subdivision applies to alterations to existing structures and to new fill, structures,
deposits, or other floodplain uses by the state and state agencies.
History: 1990 c 391 art 6 s 6; 1991 c 199 art 2 s 1

103F.125 CONSIDERATION OF INDUSTRIAL USES IN FLOODPLAIN.
The commissioner in promulgating guidelines under section 103F.141 and local
governmental units in preparing floodplain management ordinances shall give due consideration
to the needs of an industry whose business requires that it be located within a floodplain.
History: 1990 c 391 art 6 s 7

103F.131 AMUSEMENT PARK EXEMPTION.
(a) An amusement park that exists before a floodplain is delineated by a floodplain
management ordinance is exempt from the requirements of sections 103F.101 to 103F.155 if
the amusement park continues to be used as an amusement park within the amusement park
boundaries.
(b) Notwithstanding any other law, the state is not liable for any damage from flooding to an
amusement park operating in a floodplain under this subdivision.
History: 1990 c 391 art 6 s 8

103F.135 COMMISSIONER'S ASSISTANCE AND INSPECTIONS.
    Subdivision 1. Commissioner's duties. The commissioner shall:
(1) collect and distribute information relating to flooding and floodplain management;
(2) coordinate local, state, and federal floodplain management activities to the greatest extent
possible, and encourage the United States Army Corps of Engineers and the United States Soil
Conservation Service to make their flood control planning data available to local governmental
units for planning purposes, to allow adequate local participation in the planning process and in
the selection of desirable alternatives;
(3) assist local governmental units in their floodplain management activities; and
(4) do all other things, within lawful authority, that are necessary or desirable to manage the
floodplain for beneficial uses compatible with the preservation of the capacity of the floodplain to
carry and discharge the regional flood.
    Subd. 2. Inspections. In cooperation with local governmental units, the commissioner
shall conduct, whenever possible, periodic inspections to determine the effectiveness of local
floodplain management programs, including an evaluation of the enforcement of and compliance
with local floodplain management ordinances.
History: 1990 c 391 art 6 s 9; 1993 c 163 art 1 s 11

103F.141 RULES.
    Subdivision 1. Authority and criteria. The commissioner shall adopt rules to implement
sections 103F.101 to 103F.155, including:
(1) criteria for determining the floodplain uses that may be permitted without creating an
unreasonable public hazard or unduly restricting the capacity of the floodplain to carry and
discharge a regional flood;
(2) variance procedures; and
(3) the establishment of criteria for alternative or supplemental floodplain management
measures such as floodproofing, subdivision rules, building codes, sanitation rules, and flood
warning systems.
    Subd. 2.[Repealed, 2Sp1997 c 2 s 32]
History: 1990 c 391 art 6 s 10

103F.145 ENFORCEMENT AND PENALTIES.
    Subdivision 1. Uses in violation of ordinance are public nuisances. Every structure, fill,
deposit, or other floodplain use placed or maintained in the floodplain in violation of a floodplain
management ordinance adopted under the provisions of sections 103F.105 to 103F.155 is a public
nuisance.
    Subd. 2. Civil remedies. The creation of a public nuisance under this section may be
enjoined and the maintenance of a public nuisance under this section may be abated by an action
brought by the commissioner or a local governmental unit.
    Subd. 3. Criminal penalties. A person who violates a provision of sections 103F.105 to
103F.155 is guilty of a misdemeanor. Each day that the violation exists is a separate offense.
History: 1990 c 391 art 6 s 11

103F.151 FLOOD PRONE AREA INVENTORY AND ASSESSMENT.
The commissioner shall conduct a statewide inventory and flood damage assessment of flood
prone structures and lands.
History: 1990 c 391 art 6 s 12

103F.155 FLOOD PROTECTION PLANS.
    Subdivision 1. Construction of flood protection measures. If emergency flood protection
measures are undertaken, the affected local governmental unit shall submit to the commissioner a
plan outlining their use as a part of a future comprehensive flood emergency program. The plan
shall be submitted within 120 days after construction.
    Subd. 2. Commissioner's review. (a) The commissioner shall review the plan and consult
with the state Office of Civil Defense and other appropriate state and federal agencies. Following
the review, the commissioner shall accept, require modification, or reject the plan.
(b) If required modifications are not made, or if the plan is rejected, the commissioner shall
order the removal of the emergency protection measures and shall not provide grant money under
section 103F.161 until the plan is approved or the required modifications are made.
History: 1990 c 391 art 6 s 13; 1998 c 401 s 36

103F.161 FLOOD HAZARD MITIGATION GRANTS.
    Subdivision 1. Grants authorized. (a) The commissioner may make grants to local
governments to:
(1) conduct floodplain damage reduction studies to determine the most feasible, practical,
and effective methods and programs for mitigating the damages due to flooding within flood
prone rural and urban areas and their watersheds; and
(2) plan and implement flood mitigation measures.
(b) The commissioner may cooperate with the North Dakota State Water Commission, local
governmental units, and local water management organizations in this state and in North Dakota,
and the United States Army Corps of Engineers to develop hydrologic models and conduct
studies to evaluate the practicality and feasibility of flood control measures along the Red River
from East Grand Forks to the Canadian border. The commissioner may make grants to local
governmental units for these purposes. Flood control measures that may be investigated include
agricultural and urban levee systems, wetland restoration, floodwater impoundments, farmstead
ring-dikes, and stream maintenance activities.
    Subd. 2. Action on grant applications. (a) A local government may apply to the
commissioner for a grant on forms provided by the commissioner. The commissioner shall confer
with the local government requesting the grant and may make a grant up to $150,000 based on the
following considerations:
(1) the extent and effectiveness of mitigation measures already implemented by the local
government requesting the grant;
(2) the feasibility, practicality, and effectiveness of the proposed mitigation measures and the
associated nonflood related benefits and detriments;
(3) the level of grant assistance that should be provided to the local government, based on
available facts regarding the nature, extent, and severity of flood problems;
(4) the frequency of occurrence of severe flooding that has resulted in declaration of the area
as a flood disaster area by the president of the United States;
(5) the economic, social, and environmental benefits and detriments of the proposed
mitigation measures;
(6) whether the floodplain management ordinance or regulation adopted by the local
government meets the minimum standards established by the commissioner, the degree of
enforcement of the ordinance or regulation, and whether the local government is complying with
the ordinance or regulation;
(7) the degree to which the grant request is consistent with local water plans developed under
chapters 103B and 103D;
(8) the financial capability of the local government to solve its flood hazard problems
without financial assistance; and
(9) the estimated cost and method of financing of the proposed mitigation measures based on
local money and federal and state financial assistance.
(b) If the amount of the grant requested is $150,000 or more, the commissioner shall
determine, under the considerations in paragraph (a), whether any part of the grant should be
awarded. The commissioner must submit an appropriation request to the governor and the
legislature for funding consideration before each odd-numbered year, consisting of requests
or parts of grant requests of $150,000 or more. The commissioner must prioritize the grant
requests, under the considerations in paragraph (a), beginning with the projects the commissioner
determines most deserving of financing.
(c) A grant may not exceed one-half the total cost of the proposed mitigation measures.
(d) After July 1, 1991, grants made under this section may be made to local governments
whose grant requests are part of, or responsive to, a comprehensive local water plan prepared
under chapter 103B or 103D.
    Subd. 3. Red River basin flood mitigation projects. Notwithstanding subdivision 2, a grant
for implementation of a flood hazard mitigation project in the Red River basin that is consistent
with the 1998 mediation agreement and approved by the Red River flood damage reduction
work group may be for up to 75 percent of the cost of the proposed mitigation measures for the
Agassiz-Audubon, North Ottawa, Hay Creek, and Thief River subwatershed projects.
History: 1990 c 391 art 6 s 14; 1994 c 627 s 1; 1998 c 401 s 37; 2000 c 492 art 1 s 41

103F.165 FLOOD INSURANCE.
    Subdivision 1. Policy. It is the policy of the state that local governmental units subject to
recurrent flooding participate in the national flood insurance program, Public Law 90-448, and
amendatory and supplementary acts, so that the people of the state may have the opportunity to
indemnify themselves from future flood losses through the purchase of the insurance.
    Subd. 2. List of recurrent flooding areas. The commissioner shall prepare a list of
local governmental units having areas subject to recurrent flooding and shall notify each local
governmental unit included on the list of the findings. If a local governmental unit objects to
the commissioner's findings, it shall submit evidence supporting its objections within 45 days
after receiving the commissioner's notification. The commissioner shall accept or reject the
findings of each local governmental unit submitting evidence, shall prepare an amended list of
local governmental units having areas subject to recurrent flooding, and shall notify each local
governmental unit of its inclusion on the amended list.
    Subd. 3. Application for flood insurance. Within 120 days after receiving notice of
inclusion on the amended list, each local governmental unit shall apply for participation in the
national flood insurance program in the manner prescribed by federal laws and regulations.
History: 1990 c 391 art 6 s 15

SOUTHERN MINNESOTA RIVERS BASIN AREA II

103F.171 SOUTHERN MINNESOTA RIVERS BASIN AREA II BOUNDARIES.
For the purposes of sections 103F.171 to 103F.187, the term "Southern Minnesota Rivers
Basin Area II" means the area within the watersheds of rivers and streams that are tributaries of
the Minnesota River from the south between the cities of Ortonville and Mankato. Major rivers
included within the watershed are the Yellow Bank, Lac Qui Parle, Yellow Medicine, Redwood,
and Cottonwood. All of Lac Qui Parle, Yellow Medicine, and Redwood Counties, and parts
of Lincoln, Lyon, Pipestone, Murray, Cottonwood, and Brown Counties are included within
the boundaries of the area.
History: 1990 c 391 art 6 s 16

103F.173 PROGRAM.
There shall be a state grant-in-aid pilot program of providing financial assistance to units
of local government, including counties, soil and water conservation districts, and watershed
districts, located in the Southern Minnesota River Basin Area II for project and construction
costs for the building of floodwater retarding and retention structures within a general plan for
floodplain management.
History: 1990 c 391 art 6 s 17

103F.175 AID FORMULA.
Grants may be made by the Board of Water and Soil Resources to a local governmental unit
for the purposes of sections 103F.171 to 103F.187 in an amount not to exceed 75 percent of the
total cost of each project, including site acquisition, engineering, and construction. If federal
funds are being utilized for a portion of the project costs, the state contribution may not exceed 50
percent of the remaining nonfederal costs. If the structure is located in the state of South Dakota,
the two states shall share the nonfederal costs equally. Money granted by the state may not be
used for any project of stream channelization.
History: 1990 c 391 art 6 s 18

103F.177 OPERATION WITHIN AGENCY.
    Subdivision 1. Board of Water and Soil Resources. The Board of Water and Soil Resources
shall supervise the grant-in-aid pilot program pursuant to sections 103F.171 to 103F.187.
    Subd. 2. Procedures and forms. The board shall devise procedures and forms for application
for grants by the local units of government, and review of and decision on the applications by
the state board.
    Subd. 3. Staff position. A professional engineer shall be employed by the board to work
exclusively on the technical implementation and engineering of the pilot project established
pursuant to sections 103F.171 to 103F.187. The engineer shall assist the local units of government
and the board to achieve the purposes of the project, and shall have duties including:
(1) field review and analysis of projects and project sites;
(2) preparation of permit applications, including evaluation of environmental effects;
(3) development of recommended pertinent provisions of permits for specific projects;
(4) preparation of plans for further consideration of remedial flood control structural
measures as part of a general rural floodplain management effort; and
(5) evaluation of the effectiveness of completed projects constructed under this program.
History: 1990 c 391 art 6 s 19

103F.179 SELECTION OF PROJECTS.
    Subdivision 1. Evaluation of area and sites; federal cooperation. Before a grant is made, a
priority system shall be devised for the selection of projects to receive the aid. The Board of Water
and Soil Resources is the granting authority and shall cooperate with the United States Army
Corps of Engineers, the Department of Natural Resources, the United States Soil Conservation
Service and the Area II Action Committee in analysis of the general floodplain management plan
for the area and in hydrological and engineering studies on specific proposed sites. From that
information, the Board of Water and Soil Resources shall determine the relative severity of the
flooding problem which would be wholly or partly solved by each project. The range of priorities
based on these findings shall provide a basis for selection of project sites.
    Subd. 2. Project requirement for each watershed. Notwithstanding the requirement in
subdivision 1 that project selection be based on a priority system, not more than one project may
be located within any one of the Cottonwood, Lac Qui Parle, Redwood, Yellow Medicine, and
Yellow Bank Rivers' watersheds unless agreed upon by the Area II Action Committee composed
of representatives of each of those watersheds.
History: 1990 c 391 art 6 s 20

103F.181 CONDITIONS FOR GRANTS.
    Subdivision 1. Local expression of willingness. The local unit of government shall apply
for a grant by a resolution requesting state funding assistance for the construction of a floodwater
retention or retarding structure within its jurisdiction. The resolution shall include provisions
concerning local funding, if any. The local unit of government shall state its intent to obtain
necessary land rights for proposed construction sites and to assume responsibility for maintenance
of the structure on its completion.
    Subd. 2. General plan. The local unit of government shall demonstrate that the construction
project that it proposes is consistent with its general plan for floodplain management. The general
plan of the local government unit shall be in conformity with the policy and objectives of this
chapter and shall, where reasonable and practicable, include nonstructural means of floodplain
management.
    Subd. 3. Federal aid availability. The Board of Water and Soil Resources shall complete a
detailed analysis of the availability of federal funds and programs to supplement or complement
state and local efforts on each project and include the eligibility requirements and time frame
for receiving the federal aid.
    Subd. 4. Environmental impact statement. The local unit of government, assisted by
the project staff engineer, shall make a comprehensive evaluation of the positive and negative
environmental effects which would be reasonably likely to take place if the particular proposed
project would be constructed.
History: 1990 c 391 art 6 s 21

103F.183 APPROVED PROJECTS.
    Subdivision 1. Contracts. When a proposed project is approved to receive a grant, the
Board of Water and Soil Resources shall negotiate a contract with the local unit of government
involved. The contract shall specify the terms of state and local cooperation, including the
financing arrangement for the construction and an agreement on maintenance of the structure
after completion.
    Subd. 2. Permits. Before grant money is spent on construction of the structure, permits
required for construction must be obtained from state agencies.
History: 1990 c 391 art 6 s 22

103F.185 INTERSTATE COOPERATION.
The Board of Water and Soil Resources and the staff engineer may enter into a working
agreement with the South Dakota-Minnesota Boundary Waters Commission, or successor
organization, in regard to flood retention and retarding structures constructed pursuant to sections
103F.171 to 103F.187 that involve territory of the state of South Dakota as well as this state.
History: 1990 c 391 art 6 s 23

103F.187 REPORT TO LEGISLATURE.
When the project has been in operation for a period of two years, the Board of Water and Soil
Resources and the staff engineer shall prepare and deliver a report to the legislature on the program
and its consequences with an evaluation of the feasibility and benefit of continuing the project.
History: 1990 c 391 art 6 s 24

SHORELAND DEVELOPMENT

103F.201 REGULATORY PURPOSE OF SHORELAND DEVELOPMENT.
To promote the policies in section 103A.201 and chapter 116, it is in the interest of the
public health, safety, and welfare to:
(1) provide guidance for the wise development of shorelands of public waters and thus
preserve and enhance the quality of surface waters;
(2) preserve the economic and natural environmental values of shorelands; and
(3) provide for the wise use of water and related land resources of the state.
History: 1990 c 391 art 6 s 25

103F.205 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.201 to
103F.221.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Municipality. "Municipality" means a statutory or home rule charter city.
    Subd. 4. Shoreland. "Shoreland" means land located within the following distances from the
ordinary high water elevation of public waters:
(1) land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and
(2) land within 300 feet of a river or stream or the landward side of a floodplain delineated
by ordinance on the river or stream, whichever is greater.
History: 1990 c 391 art 6 s 26; 2002 c 393 s 44; 2006 c 212 art 3 s 6

103F.211 MODEL STANDARDS AND CRITERIA.
    Subdivision 1. Adoption. The commissioner shall adopt model standards and criteria for
the subdivision, use, and development of shoreland in municipalities and areas outside of a
municipality. The standards and criteria must include:
(1) the area of a lot and length of water frontage suitable for a building site;
(2) the placement of structures in relation to shorelines and roads;
(3) the placement and construction of sanitary and waste disposal facilities;
(4) designation of types of land uses;
(5) changes in bottom contours of adjacent public waters;
(6) preservation of natural shorelands through the restriction of land uses;
(7) variances from the minimum standards and criteria; and
(8) for areas outside of a municipality only, a model ordinance.
    Subd. 2. Intergovernmental advice. The state Departments of Agriculture, Health, and
Employment and Economic Development; the State Planning and Pollution Control Agencies;
the Board of Water and Soil Resources; and the Minnesota Historical Society shall provide
information and advice necessary to prepare or amend the standards and criteria.
    Subd. 3. Approval of commissioners of health and Pollution Control Agency. In addition
to other requirements of chapter 14, the model standards and ordinance adopted under this section,
or amendments to them must not be finally adopted unless approved by the commissioners of
health and of the Pollution Control Agency.
History: 1990 c 391 art 6 s 27; 1Sp2003 c 4 s 1

103F.215 MODEL ORDINANCE AS COUNTY ORDINANCE.
    Subdivision 1. County ordinance failing to meet standards. The commissioner shall adapt
the model ordinance to a county if, after notice and hearing as provided in section 103G.311, the
commissioner finds that a county has failed to adopt a shoreland conservation ordinance or that a
county has adopted a shoreland conservation ordinance that fails to meet the minimum standards
established under section 103F.211.
    Subd. 2. Hearing. The commissioner shall hold at least one public hearing on the proposed
ordinance in the manner provided in section 394.26, after giving notice as provided in section
394.26. The ordinance is effective for the county on the date and in accordance with any rules
the commissioner prescribes, by order, relating to compliance.
    Subd. 3. Enforcement. The ordinance must be enforced as provided in section 394.37. The
penalties provided in section 394.37 apply to violations of the commissioner's model ordinance
for the county.
    Subd. 4. Commissioner's costs. The cost incurred by the commissioner in adapting the
model ordinance to a county under this section must be paid by the county after the commissioner
submits an itemized statement of the costs to the county. If the county fails to pay the costs within
90 days after the commissioner's statement is received, the commissioner may file a copy of the
statement of the costs for collection by special tax levy with the county auditor. The county
auditor, upon receiving a statement from the commissioner, shall include the amount of the
state's claim in the tax levy for general revenue purposes of the county. On completion of the tax
settlement following this levy, the county treasurer must pay the amount due to the state to the
commissioner for deposit in the state treasury.
History: 1990 c 391 art 6 s 28; 1991 c 199 art 1 s 17; 1995 c 218 s 1

103F.221 MUNICIPAL SHORELAND MANAGEMENT.
    Subdivision 1. Commissioner's review of ordinances. (a) A municipality having shoreland
within its corporate boundaries must submit ordinances or rules affecting the use and development
of its shorelands to the commissioner for review. The commissioner must review the ordinances
or rules and:
(1) determine whether the rules and ordinances are in substantial compliance with municipal
shoreland management standards and criteria under section 103F.211; and
(2) consider any feature unique to the municipal shoreland in question, including the
characteristics of the waters that may be affected by development, storm sewer facilities, and
sanitary and waste disposal facilities in existence at the time of the commissioner's review.
(b) If the commissioner determines that the ordinances or rules of a municipality do not
substantially comply with the state standards and criteria for municipal shoreland management,
the commissioner must notify the municipality. The notice must state the changes that are
necessary to bring the ordinances or rules into substantial compliance with the standards and
criteria. By one year after receiving the notice from the commissioner, the municipality must
make changes necessary to bring the ordinances or rules into substantial compliance with state
standards and criteria.
    Subd. 2. Commissioner's adoption of ordinance for municipality. (a) The commissioner
may adopt an ordinance or rules for the municipality if:
(1) a municipality does not have an ordinance or rule affecting the use and development of
shoreland;
(2) the corporate boundaries of the municipality are expanded to include shorelands not
previously included within the municipal boundaries and the municipality fails to adopt an
ordinance within one year after including the shorelands within its municipal boundaries; or
(3) the commissioner determines that a municipal shoreland management ordinance does not
substantially comply with the standards and criteria for municipal shoreland management and
that the municipality has failed to make the necessary changes within one year after receiving
notice of noncompliance.
(b) The ordinance or rules for the municipality must be adopted as provided in this paragraph.
The commissioner must hold at least one public hearing on the proposed ordinance or rules in the
manner provided in section 462.357, after giving notice under section 462.357. The ordinance
or rules are effective for the municipality on the date and in accordance with rules prescribed
by the commissioner relating to compliance.
(c) The ordinance must be enforced as provided in section 462.362. The penalties in section
462.362 apply to violations of the ordinances or rules adopted for the municipality by the
commissioner.
    Subd. 3. Commissioner's cost of adopting ordinances. The costs incurred by the
commissioner in adopting the ordinances or rules for the municipality must be paid by the
municipality and collected from the municipality in the same manner as costs are paid by a county
and collected from a county under section 103F.215, subdivision 4.
    Subd. 4. Municipal use of land other than shoreland. Municipal planning and land use
controls for land other than shoreland in the vicinity of shoreland must be, to the maximum
extent practical, compatible with planning and land use controls for shoreland adopted under
subdivision 1.
    Subd. 5. Municipal ordinance may be more restrictive. A municipality may adopt and
enforce ordinances or rules affecting the use and development of shoreland that are more
restrictive than the standards and criteria adopted by the commissioner.
History: 1990 c 391 art 6 s 29; 1992 c 511 art 5 s 4; 1995 c 218 s 2

103F.225 MS 2002 [Expired, 2002 c 393 s 45]

WILD AND SCENIC RIVERS ACT

103F.301 CITATION.
Sections 103F.301 to 103F.345 may be cited as the "Minnesota Wild and Scenic Rivers Act."
History: 1990 c 391 art 6 s 30

103F.305 SCENIC RIVER PROTECTION POLICY.
The legislature finds that certain of Minnesota's rivers and their adjacent lands possess
outstanding scenic, recreational, natural, historical, scientific and similar values. It is in the
interest of present and future generations to retain these values, and a policy of the state, and an
authorized public purpose to preserve and protect these rivers.
History: 1990 c 391 art 6 s 31

103F.311 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.311 to
103F.345.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Free-flowing. "Free-flowing" means existing in natural condition without significant
artificial modification such as impoundment, diversion, or straightening. The existence, however,
of low dams, diversion works or other minor structures at the time any river is proposed for
inclusion does not automatically bar its inclusion as a wild, scenic, or recreational river.
    Subd. 4. Recreational rivers. "Recreational rivers" are those rivers that may have undergone
some impoundment or diversion in the past and may have adjacent lands that are considerably
developed, but that are still capable of being managed so as to further the purposes of sections
103F.301 to 103F.345.
    Subd. 5. River. "River" means a flowing body of water such as a stream or a segment or
tributary of a stream and may include lakes through which the river or stream flows.
    Subd. 6. Scenic easement. "Scenic easement" means an interest in land, less than the fee
title, that limits the use of the land to protect the scenic, recreational, or natural characteristics of a
wild, scenic, or recreational river area. Unless otherwise expressly and specifically provided by
the parties, the easement must be:
(1) perpetually held for the benefit of the people of the state;
(2) specifically enforceable by its holder or any beneficiary;
(3) binding upon the holder of the servient estate, and the holder's heirs, successors, and
assigns; and
(4) restricted so as not to give the holder or any beneficiary the right to enter on the land
except for enforcement of the easement.
    Subd. 7. Scenic rivers. "Scenic rivers" are those rivers that exist in a free-flowing state and
with adjacent lands that are largely undeveloped.
    Subd. 8. System. "System" means the state wild and scenic rivers system.
    Subd. 9. Wild rivers. "Wild rivers" are those rivers that exist in a free-flowing state, with
excellent water quality, and with adjacent lands that are essentially primitive.
History: 1990 c 391 art 6 s 32

103F.315 WILD AND SCENIC RIVERS SYSTEM.
    Subdivision 1. Eligibility. An entire river or a segment of a river and adjacent lands in this
state that possess outstanding scenic, recreational, natural, historical, scientific, or similar values
are eligible for inclusion within the Minnesota wild and scenic rivers system.
    Subd. 2. Classification. Rivers or segments of rivers included within the system shall be
classified as wild, scenic, or recreational.
History: 1990 c 391 art 6 s 33

103F.321 ADMINISTRATION AND RULES.
    Subdivision 1. Administration. The commissioner shall administer the wild and scenic
rivers system. The commissioner shall conduct studies, develop criteria for classification and
designation of rivers, designate rivers for inclusion within the system, manage the components of
the system, and adopt rules to manage and administer the system.
    Subd. 2. Shoreland rules. (a) The commissioner shall adopt statewide minimum standards
and criteria for the preservation and protection of shorelands within the boundaries of wild,
scenic, and recreational rivers.
(b) The standards and criteria may include:
(1) the matters covered in the commissioner's standards and criteria for shoreland areas,
as provided in sections 103F.201 to 103F.221, except that the distance limitations contained
in sections 103F.201 to 103F.221 do not apply to standards and criteria for wild, scenic, and
recreational rivers;
(2) furtherance of the purposes of sections 103F.301 to 103F.345 and of the classifications of
rivers; and
(3) application to the local governments as specified in sections 103F.201 to 103F.221.
History: 1990 c 391 art 6 s 34

103F.325 DESIGNATION PROCEDURE.
    Subdivision 1. Management plan. (a) For each river proposed to be included in the wild and
scenic rivers system, the commissioner shall prepare a management plan, without unreasonable
restrictions upon compatible, preexisting, economic uses of particular tracts of land, to preserve
and enhance the values that cause the river to be proposed for inclusion in the system.
(b) The plan shall:
(1) give primary emphasis to the area's scenic, recreational, natural, historical, scientific and
similar values;
(2) state the proposed classification of the river and segments of the river;
(3) designate the boundaries of the area along the river to be included within the system,
which may not include more than 320 acres per mile on both sides of the river; and
(4) include proposed rules governing the use of public lands and waters within the area,
which may differ from statewide rules to the extent necessary to take account of the particular
attributes of the area.
(c) The plan may include proposed standards and criteria adopted under section 103F.321 for
local land use controls that differ from statewide standards and criteria to the extent necessary to
take account of the particular attributes of the area.
    Subd. 2. Review and hearing. (a) The commissioner shall make the proposed management
plan available to affected local governmental bodies, shoreland owners, conservation and
outdoor recreation groups, the commissioner of employment and economic development,
the commissioner of commerce, the governor, and the general public. The commissioners
of employment and economic development, the State Energy Office in the Department of
Commerce, and the governor shall review the proposed management plan in accordance with the
criteria in section 86A.09, subdivision 3, and submit any written comments to the commissioner
within 60 days after receipt of the proposed management plan.
(b) By 60 days after making the information available, the commissioner shall conduct a
public hearing on the proposed management plan in the county seat of each county that contains a
portion of the designated system area, in the manner provided in chapter 14.
    Subd. 3. Post hearing review. Upon receipt of the administrative law judge's report, the
commissioner shall immediately forward the proposed management plan and the administrative
law judge's report to the commissioners of employment and economic development and of
commerce for review under section 86A.09, subdivision 3, except that the review by the
commissioners must be completed or be deemed completed within 30 days after receiving the
administrative law judge's report, and the review by the governor must be completed or be
deemed completed within 15 days after receipt.
    Subd. 4. Designation of river as part of system. Within 60 days after receipt of the
administrative law judge's report, the commissioner shall decide whether to designate by order the
river or a segment of the river as a wild, scenic, or recreational river and, if so designated, shall
adopt a management plan to govern the area. The commissioner shall notify and inform public
agencies and private landowners of the plan and its purposes to encourage their cooperation in the
management and use of their land in a manner consistent with the plan and its purposes.
    Subd. 5. Reservation of legislative authority. The legislature may at any time designate
additional rivers to be included within the system, exclude rivers previously included in the
system, or change the classification of rivers classified by the commissioner.
History: 1987 c 186 s 15; 1990 c 391 art 6 s 35; 1Sp2001 c 4 art 6 s 15,16; 1Sp2003 c 4 s 1

103F.331 ACQUISITION AND DEVELOPMENT OF SYSTEM.
    Subdivision 1. Acquisition authority. To implement the system, the commissioner may
acquire the title, scenic easements, or other interests in land, by purchase, grant, gift, devise,
exchange, lease, or other lawful means.
    Subd. 2. Development of public areas. The commissioner may designate and develop
appropriate areas of public land along wild, scenic, and recreational rivers as water waysides for
facilities compatible with the class of river, including, as appropriate, primitive campsites, picnic
sites, portages, water access sites, sanitation facilities, and interpretive display.
    Subd. 3. Canoe and boating routes. (a) The commissioner may mark canoe and boating
routes along a wild, scenic, or recreational river, consistent with the classification and
characteristics of the river, including points of interest, portages, campsites, dams, rapids,
waterfalls, whirlpools, and other hazards to navigation.
(b) Canoe routes, boating routes, campsites, and portages marked under this subdivision are
not subject to the provisions of section 160.06.
    Subd. 4. Additional designation as trout stream. The commissioner may designate all or a
portion of a state wild, scenic, or recreational river that possesses the necessary qualifications as a
state trout stream, and make habitat improvement as may be necessary, desirable, and consistent
with the classification of the river.
History: 1990 c 391 art 6 s 36

103F.335 LOCAL GOVERNMENT COMPLIANCE.
    Subdivision 1. Compliance of ordinances with system. (a) Within six months after
establishment of a wild, scenic, or recreational river system, each local governmental unit with
jurisdiction over a portion of the system shall adopt or amend its ordinances and land use district
maps to the extent necessary to comply with the standards and criteria of the commissioner
and the management plan.
(b) If a local government fails to adopt adequate ordinances, maps, or amendments within six
months, the commissioner shall adopt the ordinances, maps, or amendments in the manner and
with the effect specified in section 103F.215.
(c) The commissioner shall assist local governments in the preparation, implementation,
and enforcement of the ordinances.
    Subd. 2. Local governmental units must implement system. All state, local and special
governmental units, councils, commissions, boards, districts, agencies, departments, and other
authorities shall exercise their powers to implement the purposes of sections 103F.301 to
103F.345 and management plans adopted by the commissioner.
    Subd. 3. Land transfers consistent with system plan. Land owned by the state and political
subdivisions shall be administered in accordance with the management plan, and land owned by
governmental bodies within the designated boundaries of a wild, scenic, or recreational river area
may not be transferred to any other person or entity if the transfer would be inconsistent with
the management plan.
History: 1990 c 391 art 6 s 37

103F.341 FEDERAL-STATE RELATIONS.
Sections 103F.301 to 103F.345 do not preclude a river in the state system from becoming
a part of the federal wild and scenic rivers system as established in the Wild and Scenic Rivers
Act, Public Law 90-542; United States Code, title 16, section 1271 et seq., as amended. The
commissioner is authorized to seek, alone or in conjunction with other governmental authorities,
financial and technical assistance from the federal government and to enter into written cooperative
agreements for the joint administration of a river in the federal wild and scenic rivers system.
History: 1990 c 391 art 6 s 38

103F.345 CONFLICT WITH OTHER LAWS.
A river in the wild and scenic rivers system is subject to the provisions of sections 103F.301
to 103F.345, except that in case of conflict with some other law of this state the more protective
provision shall apply.
History: 1990 c 391 art 6 s 39

LOWER ST. CROIX RIVER

103F.351 LOWER ST. CROIX WILD AND SCENIC RIVER ACT.
    Subdivision 1. Findings. The lower St. Croix River, between the dam near Taylors Falls
and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and
recreational asset lying close to the largest densely populated area of the state. The preservation of
this unique scenic and recreational asset is in the public interest and will benefit the health and
welfare of the citizens of the state. The state recognizes and concurs in the inclusion of the lower
St. Croix River into the federal wild and scenic rivers system by the Lower St. Croix River Act
of the 92nd Congress, Public Law 92-560. The authorizations of the state are necessary to the
preservation and administration of the lower St. Croix River as a wild and scenic river, particularly
in relation to those portions of the river that are to be jointly preserved and administered as a wild
and scenic river by this state and Wisconsin.
    Subd. 2. Comprehensive master plan. (a) The commissioner of natural resources shall join
with the secretary of the United States Department of the Interior and the appropriate agency of
the state of Wisconsin in the preparation of the comprehensive master plan relating to boundaries,
classification, and development required by section 3 of the Lower St. Croix River Act of 1972,
and by section 3(b) of the Wild and Scenic Rivers Act, Public Law 90-542.
(b) The commissioner shall make the proposed comprehensive master plan available to
affected local governmental bodies, shoreland owners, conservation and outdoor recreation
groups, and the general public.
(c) Not less than 30 days after making the information available, the commissioner shall
conduct a public hearing on the proposed comprehensive master plan in the county seat of each
county which contains a portion of the area covered by the comprehensive master plan, in the
manner provided in chapter 14.
    Subd. 3. Acquisition of land and easements. The commissioner of natural resources may
acquire land, scenic easements, or other interests in land by gift, purchase, or other lawful means,
and may acquire scenic easement interests in land by eminent domain. The acquisitions must be
proposed for acquisition by the state by the comprehensive master plan.
    Subd. 4. Rules. (a) The commissioner of natural resources shall adopt rules that establish
guidelines and specify standards for local zoning ordinances applicable to the area within the
boundaries covered by the comprehensive master plan.
(b) The guidelines and standards must be consistent with this section, the federal Wild and
Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. The standards specified in
the guidelines must include:
(1) the prohibition of new residential, commercial, or industrial uses other than those that are
consistent with the above mentioned acts; and
(2) the protection of riverway lands by means of acreage, frontage, and setback requirements
on development.
(c) Cities, counties, and towns lying within the areas affected by the guidelines shall adopt
zoning ordinances complying with the guidelines and standards within the time schedule
prescribed by the commissioner.
    Subd. 5. Administration. The commissioner of natural resources in cooperation with
appropriate federal authorities and authorities of the state of Wisconsin shall administer state
lands and waters in conformance with this section, the federal Wild and Scenic Rivers Act, and
the federal Lower St. Croix River Act of 1972.
History: 1990 c 391 art 6 s 40

MISSISSIPPI HEADWATERS PLANNING AND MANAGEMENT

103F.361 FINDINGS AND INTENT.
    Subdivision 1. Findings. The legislature finds that:
(1) the Mississippi River from its outlet at Lake Itasca, Clearwater County, to the southerly
boundary of Morrison County, Minnesota, possesses outstanding and unique natural, scientific,
historical, recreational and cultural values deserving of protection and enhancement;
(2) the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and
Morrison have entered into a joint powers agreement pursuant to law to develop a plan for the
protection and enhancement of the foregoing values; and
(3) the plan adopted by the counties pursuant to the joint powers agreement establishes
guidelines and minimum standards for cooperative local management of this segment of the
Mississippi River.
    Subd. 2. Legislative intent. It is the intent of sections 103F.361 to 103F.377 to authorize and
direct the board and the counties to implement the plan for the Mississippi headwaters area.
History: 1990 c 391 art 6 s 41; 1992 c 476 s 1

103F.363 APPLICABILITY.
    Subdivision 1. Generally. Sections 103F.361 to 103F.377 apply to the counties of
Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison.
    Subd. 2. Leech Lake Indian Reservation. Sections 103F.361 to 103F.377 do not alter or
expand the zoning jurisdiction of the counties within the exterior boundaries of the Leech Lake
Indian Reservation. The plan and the county ordinances adopted pursuant to section 103F.369,
subdivision 4 , apply only to areas within the zoning jurisdiction of the counties as provided by
law in effect prior to May 20, 1981.
History: 1990 c 391 art 6 s 42; 1992 c 476 s 2

103F.365 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.361 to
103F.377.
    Subd. 2. Board. "Board" means the Mississippi Headwaters Board established under section
103F.367.
    Subd. 3. Counties. "Counties" means the counties of Clearwater, Hubbard, Beltrami, Cass,
Itasca, Aitkin, Crow Wing, and Morrison.
    Subd. 4. Plan. "Plan" means the comprehensive land use plan approved by the board and
dated July 1, 1992.
History: 1990 c 391 art 6 s 43; 1992 c 476 s 3

103F.367 MISSISSIPPI HEADWATERS BOARD.
    Subdivision 1. Establishment. The Mississippi Headwaters Board established by the
counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison by
agreement entered into on February 22, 1980, pursuant to section 471.59, is established as a
permanent board with authority to prepare, adopt, and implement a comprehensive land use
plan designed to protect and enhance the Mississippi River and related shoreland areas situated
within the counties.
    Subd. 2. Membership. (a) The board shall consist of eight members. The governing body of
each county shall appoint one of its members to serve on the board.
(b) The terms of board members are two years commencing on the first Monday in January
of odd-numbered years.
(c) Vacancies on the board shall be filled for the remainder of the term by the governing body
that made the original appointment.
(d) The governing body of a county may designate another member of the governing body or
a county officer to act as an alternate for the member appointed by that county.
    Subd. 3. Officers. (a) The board shall annually appoint from among its members a chair,
vice-chair, and secretary-treasurer who shall serve for concurrent one-year terms.
(b) The chair shall preside over all meetings of the board and may call special meetings at
reasonable times and upon adequate notice when necessary.
(c) The vice-chair shall preside over the meetings of the board in the absence of the chair.
(d) The secretary-treasurer or the designee of the secretary-treasurer shall keep a record of
all proceedings of the board. The secretary-treasurer shall provide for the proper receipt and
disbursement of funds.
    Subd. 4. Meetings. (a) The regular meetings of the board shall be held at times and places
prescribed by it.
(b) A majority of all members of the board shall constitute a quorum and a majority vote of
all members shall be required for actions taken by the board.
    Subd. 5. Staff and contracts. The board may employ staff and contract for goods and
services as necessary to implement sections 103F.361 to 103F.377. Contracts are subject to the
statutory procedures and restrictions applicable to county contracts.
    Subd. 6. Funding. The board shall annually submit to each county for its approval an
estimate of the funds it will need from that county in the next fiscal year to prepare and implement
the plan and otherwise carry out the duties imposed upon it by sections 103F.361 to 103F.377.
Each county shall, upon approval of the estimate by its governing body, furnish the necessary
funds to the board. The board may apply for, receive, and disburse federal, state, and other grants
and donations.
    Subd. 7. Advisory committees. The board shall appoint advisory committees, representing a
broad geographical area and diverse public interests, and conduct public meetings and hearings
necessary to afford the public an opportunity to become fully informed of all deliberations in the
preparation and implementation of the plan.
    Subd. 8. Contact with government agencies. The board shall initiate and maintain contacts
with governmental agencies as necessary to properly prepare the plan and shall negotiate
cooperative management agreements with the United States Forest Service and Bureau of
Land Management and the state Department of Natural Resources. The board, Beltrami, Cass,
Hubbard, and Itasca Counties shall initiate and maintain contacts with the governing body of the
Leech Lake Indian Reservation and shall negotiate a cooperative management and jurisdiction
agreement with the reservation governing body.
History: 1990 c 391 art 6 s 44; 1992 c 476 s 4

103F.369 PLAN IMPLEMENTATION.
    Subdivision 1. Implementation required. The plan shall be implemented by the board as
provided in this section and section 103F.373.
    Subd. 2. Plan provides minimum standards. The standards set forth in the plan are the
minimum standards which may be adopted by the board and by the counties for the protection
and enhancement of the natural, scientific, historical, recreational and cultural values of the
Mississippi River and related shoreland areas subject to the plan. Except for forest management,
fish and wildlife habitat improvement, a veterans cemetery that complies with subdivision 5, and
open space recreational uses as defined in the plan, state or county lands within the boundaries
established by the plan may not be offered for public sale or lease. The board with the agreement,
expressed by resolution adopted after public hearing, of the county boards of Clearwater,
Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison Counties may amend the plan
in any way that does not reduce the minimum standards set forth in the plan.
    Subd. 3. Implementation. The board shall develop and establish a schedule for
implementation and common administration of the plan by the counties. The schedule shall be
binding upon the counties subject to approval by the governing bodies of the respective counties.
    Subd. 4. County land use ordinance must be consistent with plan. The counties shall
adopt land use ordinances consistent with the plan.
    Subd. 5. Veterans cemetery. A veterans cemetery may be located within the boundaries
established by the plan if a site plan approved by the county zoning authority addresses each of
the following items:
(1) the name of the cemetery;
(2) a legal description of the property affected;
(3) names and addresses of applicant, owner, surveyor, and designer of the plan;
(4) graphic scale;
(5) an arrow depicting north on the plan;
(6) date of preparation of the plan;
(7) total acreage of property;
(8) square footage for each proposed site;
(9) existing soil conditions, depth of water table, and topographic contours;
(10) roads and proposed roads showing right-of-way widths;
(11) proposed location and type of on-site sanitary treatment facilities and domestic water
supply;
(12) accessory facilities, existing or to be constructed, by type and location;
(13) all streams, creeks, ponds, wetlands, and swamps;
(14) burial only on site with no embalming or other related activities on site;
(15) no placement of graves or accessory facilities within the designated flood plain; and
(16) each burial must be in a vault or an appropriate liner as determined by the board.
History: 1990 c 391 art 6 s 45; 1991 c 158 s 1,2; 1992 c 476 s 5-7

103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
All local and special governmental units, councils, commissions, boards and districts and
all state agencies and departments must exercise their powers so as to further the purposes of
sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and political
subdivisions shall be administered in accordance with the plan.
Actions that comply with the land use ordinance are consistent with the plan. Actions that do
not comply with the ordinance may not be started until the board has been notified and given an
opportunity to review and comment on the consistency of the action with this section.
History: 1990 c 391 art 6 s 46; 1992 c 476 s 8

103F.373 REVIEW AND CERTIFICATION OF LAND USE ACTIONS.
    Subdivision 1. Purpose. To assure that the plan is not nullified by unjustified exceptions in
particular cases and to promote uniformity in the treatment of applications for exceptions, a review
and certification procedure is established for the following categories of land use actions taken by
the counties and directly or indirectly affecting land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning
of particular tracts of land;
(2) the granting of a variance from provisions of the land use ordinance; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
    Subd. 2. Certification. Notwithstanding any provision of chapter 394 to the contrary, an
action of a type specified in subdivision 1, clauses (1) to (3), is not effective until the board has
reviewed the action and certified that it is consistent with the plan. In determining consistency of
ordinances and ordinance amendments, the provisions of the plan shall be considered minimum
standards. An aggrieved person may appeal a decision of the type specified in subdivision 1,
clauses (1) to (3), that is reviewed by the board under this section in the same manner as provided
for review of a decision of a board of adjustment in section 394.27, subdivision 9, but only after
the procedures prescribed under this section have been completed.
    Subd. 3. Procedure for certification. A copy of the notices of public hearings or, when a
hearing is not required, a copy of the application to consider an action of a type specified in
subdivision 1, clauses (1) to (3), must be forwarded to the board by the county at least 15 days
before the hearing or meetings to consider the actions. The county shall notify the board of
its final decision on the proposed action within ten days of the decision. By 30 days after the
board receives the notice, the board shall notify the county and the applicant of its approval or
disapproval of the proposed action.
    Subd. 4. Disapproval of actions. (a) If a notice of disapproval is issued by the board, the
county or the applicant may, within 30 days of the notice, file with the board a demand for a
hearing. If a demand is not filed within the 30-day period, the disapproval becomes final.
(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days of
demand. The hearing must be preceded by two weeks' published notice. Within 30 days after
the hearing, the board must:
(1) affirm its disapproval of the proposed action; or
(2) certify approval of the proposed action.
History: 1990 c 391 art 6 s 47; 1992 c 476 s 9,10

103F.375 INCORPORATION AND ANNEXATION.
    Subdivision 1. Moratorium on certain activities. If land subject to the plan is annexed,
incorporated, or otherwise subjected to the land use planning authority of a home rule charter
or statutory city, a moratorium shall exist on:
(1) all subdivision platting and building permits on the land until zoning regulations are
adopted for the land that comply with the provisions of the plan; and
(2) construction, grading and filling, and vegetative cutting as those activities are defined
in the plan.
    Subd. 2. Exception for work under prior permits. This section does not apply to work
done pursuant to lawful permits issued before the land became subject to the land use planning
authority of the city.
History: 1990 c 391 art 6 s 48; 1992 c 476 s 11

103F.377 BIENNIAL REPORT.
During the first year of each biennial legislative session, the board shall prepare and present
to the appropriate policy committees of the legislature a report concerning the actions of the board
in exercising the authority granted by the legislature under sections 103F.361 to 103F.377. The
report must include an assessment of the effectiveness of the plan and its implementation in
protecting and enhancing the natural, scientific, historical, recreational, and cultural values of the
Mississippi River and related shorelands situated within the member counties.
History: 1990 c 391 art 6 s 49; 1992 c 476 s 12

MINNESOTA RIVER BASIN JOINT POWERS BOARD

103F.378 MINNESOTA RIVER BASIN JOINT POWERS BOARD.
    Subdivision 1. Duties. The Minnesota River Basin Joint Powers Board, established under
section 471.59 for the purpose of coordinating efforts to improve water quality in the Minnesota
River and achieving the goal of making the Minnesota River suitable for fishing and swimming
by the year 2005, has the following duties:
(1) coordination of comprehensive cleanup goals for the Minnesota River by coordinating
the work plans of the 12 major watersheds and the member counties of the joint powers board,
state agencies, and the University of Minnesota in cleanup efforts and submission of periodic
river cleanup plans for submission to the governor and the legislature;
(2) advising on the development and use of monitoring and evaluation systems in the
Minnesota River and the incorporation of the data obtained from these systems into the planning
process;
(3) conducting public meetings of the board on at least a quarterly basis at locations within
the Minnesota River basin;
(4) conducting an ongoing information and education program concerning the status of the
Minnesota River, including an annual conference on the state of the Minnesota River;
(5) providing periodic reports and budget requests to the governor's office and the chairs of
the agriculture and environment and natural resources committees of the senate and the house
of representatives regarding progress on meeting river water quality management goals and
future funding required for this effort;
(6) advising on the development of projects within the 12 major watersheds that are
scientifically sound, have landowner support, and reduce inputs of pollutants into the Minnesota
River basin; and
(7) administering the distribution of project implementation funds for the 12 major
watersheds by approving projects, identifying matching components for each project, and tracking
the results achieved for each project.
    Subd. 2. Membership. Upon acceptance of the joint powers agreement, each member county
that agrees to join the board shall have one county commissioner as its delegate to the board and
one county commissioner as an alternate. A technical and citizen advisory committee shall be
established to advise the board consisting of a technical representative from each of the counties
in the basin and citizens who are not county employees but who have an interest in agriculture,
conservation, sporting activities, and other relevant areas as determined by the board.
History: 1996 c 407 s 43; 1997 c 216 s 92

PROJECT RIVERBEND

103F.381 FINDINGS.
The legislature finds that the Minnesota River from the city of Franklin in Renville County
to Le Sueur in Le Sueur County possesses outstanding scenic, recreational, natural, historical,
scientific, and similar values. Because it is in the interest of present and future generations to
retain these values, the legislature finds that the adoption and implementation of a comprehensive
land use plan is necessary.
History: 1990 c 391 art 6 s 50

103F.383 DEFINITION.
    Subdivision 1.[Repealed, 2005 c 47 s 4]
    Subd. 2.[Repealed, 2005 c 47 s 4]
    Subd. 3. Counties. "Counties" means the counties of Renville, Redwood, Brown, Nicollet,
Blue Earth, and Le Sueur, except as otherwise provided in Laws 1982, chapter 627, section 7.
History: 1990 c 391 art 6 s 51

103F.385 [Repealed, 2005 c 47 s 4]

103F.387 COMPREHENSIVE PLAN.
The comprehensive plan known as "Project Riverbend Fifth Draft, June 1981" shall be
implemented by the counties. The counties shall adopt land use ordinances consistent with the
plan. The standards set forth in the plan are the minimum standards that may be adopted by the
counties. The counties may amend the comprehensive land use plan in any way that does not
reduce the minimum standards set forth in the plan.
History: 1990 c 391 art 6 s 53; 2005 c 47 s 1

103F.389 REVIEW AND CERTIFICATION OF LAND USE ACTIONS.
    Subdivision 1. Land use actions covered. To ensure that the comprehensive land use plan
is not nullified by unjustified exceptions in particular cases and to promote uniformity in the
treatment of applications for exceptions, a review and certification procedure is established for the
following categories of land use actions taken by the counties and directly or indirectly affecting
land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning
of a particular tract of land;
(2) the granting of a variance from provisions of the land use ordinances; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
    Subd. 2. Land use actions must be consistent with plan. (a) Notwithstanding any contrary
provision of chapter 394, an action of a type specified in subdivision 1, clauses (1) to (3), is not
effective until the county board has reviewed the action and certified that it is consistent with
the comprehensive land use plan.
(b) In determining consistency of ordinances and ordinance amendments, the provisions of
the comprehensive land use plan shall be considered minimum standards. An aggrieved person
may appeal a decision of the type specified in subdivision 1, clauses (1) to (3), which is reviewed
by the county board under this section in the manner provided for review of a decision of a board
of adjustment under section 394.27, subdivision 9.
    Subd. 3.[Repealed, 2005 c 47 s 4]
    Subd. 4.[Repealed, 2005 c 47 s 4]
History: 1990 c 391 art 6 s 54; 2005 c 47 s 2

103F.391 RESTRICTIONS ON LAND INCORPORATED OR ANNEXED.
(a) If land subject to the comprehensive land use plan is annexed, incorporated, or otherwise
subjected to the land use planning authority of a home rule charter or statutory city, a moratorium
shall exist on all subdivision platting and building permits on that land until zoning regulations
are adopted for the land that comply with the provisions of the comprehensive land use plan.
(b) The moratorium shall also apply to construction, grading and filling, and vegetative
cutting as those activities are defined in the comprehensive plan.
(c) This section does not apply to work done pursuant to lawful permits issued before the
land became subject to the land use planning authority of the city.
History: 1990 c 391 art 6 s 55; 2005 c 47 s 3

103F.393 [Repealed, 2005 c 47 s 4]

SOIL EROSION

103F.401 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.401 to
103F.455.
    Subd. 2. Conservation plan. "Conservation plan" means a set of practices that will decrease
soil erosion to the soil loss limits on a particular parcel of land.
    Subd. 3. Conservation practices. "Conservation practices" means practices and standards
containing a definition, purpose, and conditions that the practice applies including design
requirements and specifications containing a statement of details required for installing a
conservation practice, including kinds, quality, and quantity of work and materials needed to
meet the standards. A conservation practice may be a permanent or temporary, vegetative or
structural measure that will aid the control of wind and water erosion. Permanent practices are
those that have effective life greater than ten years and include grassed waterways, terraces,
field windbreaks, water control structures, grade stabilization structures, sediment retention
structures, strip-cropping, and other permanent practices approved by the Board of Water and
Soil Resources. Temporary practices include conservation tillage, contour farming, grasses and
legumes in rotation, emergency tillage, and any other cultural practices approved by the Board of
Water and Soil Resources.
    Subd. 4. Development activity. "Development activity" means a physical disturbance of the
land, that may result in sedimentation of adjacent lands or waters, associated with activities that
include clearing, grading, excavating, transporting, and filling lands. Road construction by federal,
state, county, and municipal governments designed according to Department of Transportation
standard specifications for construction are not development activities.
    Subd. 5. Erosion. "Erosion" means any process that removes soil away from the surface of
the land by the action of water, wind, or gravity.
    Subd. 6. Excessive soil loss. "Excessive soil loss" means soil loss that is greater than the
soil loss limits. Excessive soil loss may be evidenced by sedimentation on adjoining land or in a
body of water.
    Subd. 7. Land occupier. "Land occupier" means a person, firm, corporation, municipality, or
other legal entity that holds title to or is in possession of lands, as owner, lessee, or otherwise.
"Land occupier" includes both the owner and the occupier of the land if they are not the same.
    Subd. 8. Local government. "Local government" means the elected governing body of a
county, home rule charter or statutory city, or town, or their designated agents. Agents may
include soil and water conservation districts, water management organizations, joint powers
boards, watershed districts, and other governmental entities responsible for resource management
within the local government's jurisdiction.
    Subd. 9. Sediment. "Sediment" means solid mineral or organic material that is in suspension,
is being transported, or has been moved from its original location by air, water, gravity, or ice,
and has been deposited at another location.
    Subd. 10. Soil. "Soil" means the unconsolidated mineral and organic material on the
immediate surface of the earth that serves as natural medium for the growth of land plants.
    Subd. 11. Soil loss limit. "Soil loss limit" means the maximum amount of soil loss from
water or wind erosion, expressed in tons per acre per year, that is allowed by local regulations
on a particular soil.
    Subd. 12. Technical guide. "Technical guide" means the guide developed by the United
States Soil Conservation Service and adopted by soil and water conservation districts containing
technical information including methods and procedures by which the various types of erosion can
be measured, and conservation practice standards and specifications required in the application of
soil and water conservation practices.
History: 1990 c 391 art 6 s 57

103F.405 SOIL LOSS ORDINANCES.
    Subdivision 1. Authority. Each statutory or home rule charter city, town, or county that has
planning and zoning authority under sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to
462.365 is encouraged to adopt a soil loss ordinance. The soil loss ordinance must use the soil
loss tolerance for each soil series described in the United States Soil Conservation Service Field
Office Technical Guide to determine the soil loss limits, but the soil loss limits must be attainable
by the best practicable soil conservation practice. Ordinances adopted by local governments
within the metropolitan area defined in section 473.121 must be consistent with local water
management plans adopted under section 103B.235.
    Subd. 2. Agents of local governments. A local government that adopts a soil loss ordinance
may enter an agreement with its agent allowing the agent to administer the functions and perform
the duties of the local government as provided by sections 103F.401 to 103F.455.
History: 1990 c 391 art 6 s 58; art 10 s 3

103F.411 MODEL ORDINANCE.
    Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation with
counties, soil and water conservation districts, and other appropriate agencies, shall adopt a model
ordinance and rules that serve as a guide for local governments to implement sections 103F.401 to
103F.455 and provide administrative procedures for the board for sections 103F.401 to 103F.455.
    Subd. 2. Model ordinance. The model ordinance must specify the technical and
administrative procedures required to control soil loss and erosion. The model ordinance is the
minimum regulation to be adopted. The model ordinance must use the soil loss tolerance for each
soil series described in the United States Soil Conservation Service Field Office Technical Guide
to determine soil loss limits, but the soil loss limits must be attainable by the best practicable
soil conservation practice.
    Subd. 3. Periodic review. At least once every five years the board shall review the rules
and model ordinance in cooperation with counties, soil and water conservation districts, and
appropriate agencies to ensure their continued applicability and relevance.
History: 1990 c 391 art 6 s 59

103F.415 EXCESSIVE SOIL LOSS PROHIBITED.
    Subdivision 1. Prohibited activities. A person may not cause, conduct, contract for, or
authorize an activity that causes excessive soil loss.
    Subd. 2. Agricultural land. A land occupier of agricultural land is not violating subdivision
1 if the occupier is farming by methods that implement the best practicable conservation practices.
    Subd. 3. Woodland. A land occupier who uses wooded land for pasture must ensure that
proper management is used to prevent excessive soil loss due to overgrazing or cattle paths.
History: 1990 c 391 art 6 s 60

103F.421 ENFORCEMENT.
    Subdivision 1. Complaint. (a) An adversely affected landowner, an elected or appointed
official of the local government, or a soil and water conservation district board member may
submit a written complaint to the local government if conditions exist that indicate there is
excessive soil loss from a tract of land that affects another tract of land or body of water. The
written complaint must contain:
(1) the name and address of the landowner whose land is causing excessive soil loss;
(2) the location of the tract of land with the excessive soil loss;
(3) a description of land or water that is affected by the excessive soil loss; and
(4) a description of the nature of the excessive soil loss and resulting sedimentation.
(b) The local government shall submit the complaint to the soil and water conservation
district for soil loss determination.
    Subd. 2. District determination of soil loss. (a) The soil and water conservation district shall
determine the average soil loss in tons per acre per year of the tract of land cited in the complaint.
(b) Representatives of the soil and water conservation district may enter public or private
land to make an inspection for the determination of soil loss or to complete the report required
by paragraph (c). The landowners must be notified of the time of the inspection and be given an
opportunity to be present when the inspection is made.
(c) The soil and water conservation district shall submit a report to the local government
that states the average soil loss in tons per acre per year for each tract of land and whether the
soil loss is excessive under the applicable soil loss limits. If the soil loss is excessive the report
must include identification of existing management practices and a conservation plan and time
schedule that will prevent excessive soil loss or reduce the soil loss to the most practicable extent.
    Subd. 3. Mediation. (a) If the soil and water conservation district report shows that soil loss
from the tract of land is excessive and alternative practices are available to reduce the soil loss,
the local government shall request the allegedly offending landowner to participate in mediation
with the local government.
(b) The local government may appoint the planning and zoning director, a planning
commissioner, or other county official to act as a mediator. The local government may also
contract with a mediation center to provide mediation services.
(c) The landowner and the local government or its agent must attempt to agree on
conservation practices and times to implement the practice that will reduce soil loss to the local
soil loss limits.
(d) A mediated settlement must be in writing and filed with the local government.
(e) If the local government and the landowner do not agree to a mediated settlement, or
if the landowner refuses to participate in mediation, the local government shall forward the
complaint to the county attorney. The county attorney may dismiss the complaint or petition for
a hearing under section 103F.425.
    Subd. 4. Application for cost-sharing funds. The landowner has 90 days after a mediated
settlement is filed to apply for state cost-sharing funds that will provide 75 percent of the cost of
the permanent conservation practices. Only 50 percent of the cost share will be provided if the
application is not made within 90 days after the settlement is filed. The landowner must apply for
50 percent of the cost share within 270 days after the mediated settlement is filed.
    Subd. 5. Penalty. A landowner that does not comply with the provisions of the mediated
settlement is subject to a civil penalty up to $500. Soil conservation practices that are made in
good faith and substantial compliance are a complete defense.
History: 1990 c 391 art 6 s 61

103F.425 DISTRICT COURT HEARING.
    Subdivision 1. Determination of proper conservation plan. If the landowner and the local
government do not agree to a mediated settlement or if the landowner has refused mediation,
the county attorney may petition the district court for a hearing. The landowner shall have the
opportunity to present the landowner's conservation plan and time schedule as an alternative to
the local government conservation plan and time schedule. The court shall order the landowner to
implement the conservation plan and time schedule that is the least burdensome to the landowner
and will reduce soil loss to at least the soil loss limit. The court may amend the local government's
or landowner's conservation plan and time schedule, or develop a new conservation plan and time
schedule. The court shall set times to implement, make satisfactory progress, and complete
the conservation plan.
    Subd. 2. Cost-sharing funds. (a) If the court orders implementation of the landowner's
conservation plan and time schedule, or amends the conservation plan and time schedule, or if the
court develops a new conservation plan and time schedule, the landowner is eligible to apply for
75 percent cost-share funds for permanent conservation practices. The landowner must apply for
the cost share within 90 days after the court order. If the landowner does not apply within 90 days
for the cost-sharing funds the cost share is reduced to 50 percent. The court shall establish a time
after which the landowner is no longer eligible for cost-sharing funds if an application is not made.
(b) If the court orders a plan and time schedule developed by the district in its report, the
landowner is eligible for 50 percent cost share if the landowner applies within 90 days after
the court order.
History: 1990 c 391 art 6 s 62

103F.431 SOIL AND WATER CONSERVATION ASSISTANCE.
A landowner who has filed a mediated settlement under section 103F.421 or who has received
a court order under section 103F.425 may request the soil and water conservation district to assist
in the planning, design, and application of practices necessary to reduce soil loss to the applicable
soil loss limit amounts or to the greatest practical extent. The soil and water conservation district
must give the landowner a high priority for technical and cost-sharing assistance.
History: 1990 c 391 art 6 s 63

103F.435 ATTORNEY AND LOCAL GOVERNMENT MAY PERFORM DUTY OF
COUNTY.
The city attorney or town attorney may perform the duties of a county attorney. A city or
town may perform the duties of a local government only if the city or town adopts a soil loss
ordinance and the land specified in the complaint is located within the city or town.
History: 1990 c 391 art 6 s 64

103F.441 EROSION CONTROL PLAN FOR DEVELOPMENT ACTIVITIES.
    Subdivision 1. Sedimentation control plan. (a) A person engaged in a development activity
that will disturb over one acre of land must submit a sedimentation control plan and time schedule
that will prevent excessive soil loss to the local government having jurisdiction over the land
before the development activity is to begin.
(b) A sedimentation control plan and time schedule must specify how the movement of soil
and damage to other property during the construction will be minimized, including the use of
temporary seeding, fiber mats, plastic, straw, mulch, sediment control basins, and other measures
to prevent erosion and sediment damage. The time schedule must establish deadlines for the
implementation and completion of each phase or element of the sedimentation control plan.
    Subd. 2. Permit required. The local government may appoint the zoning and planning
director, building inspector, county engineer, or the soil and water conservation district to review
the plan and time schedule. If the sedimentation control plan and time schedule will prevent
excessive soil loss to the most practicable extent, the local government must issue a permit that
authorizes the development activity contingent upon the implementation and completion of the
sedimentation control plan.
    Subd. 3. Penalty. A person engaged in a development activity who does not obtain
a sedimentation control plan permit or does not commence or complete the plan or make
satisfactory progress to complete the plan is subject to a civil penalty. Soil conservation practices
made in good faith and substantial compliance are a defense.
    Subd. 4. Application. For counties, the provisions of this section apply only to county
jurisdiction over unincorporated areas.
History: 1990 c 391 art 6 s 65

103F.445 COST-SHARING FUNDS.
    Subdivision 1. Cost-share required. Except for a development activity, a land occupier
may not be required to establish soil conservation practices unless state cost-sharing funds have
been specifically approved for that land and have been made available to the land occupier
under sections 103F.421 and 103F.425, equal to at least 75 percent of the cost of the permanent
conservation practices on a voluntary basis, or a 50 percent cost-share if an application for
cost-share is not made within 90 days after the board approves a mediated written agreement or
within 90 days after the court orders implementation of a plan and time schedule prepared by the
landowner or the court. For mediated settlements, a court order that implements the landowner's
alternatives or the court's alternatives must state the time schedule for application for 50 percent
cost-share. If the court orders implementation of the district's plan and time schedule, a landowner
is eligible only for 50 percent cost-share.
    Subd. 2. Review of requirements. The Board of Water and Soil Resources shall review these
requirements at least once each year and may authorize a district to provide a higher percentage of
cost-sharing than is required by this section. To aid in this determination, the board may consider
the location of the affected area in relation to the priority areas as established in the soil and water
conservation district annual and long-range plans.
    Subd. 3. Recording. The permanent conservation practices must be recorded with the county
recorder on the tracts where they occur if the cost-sharing funds are issued to the landowner.
History: 1990 c 391 art 6 s 66

103F.451 APPLICABILITY.
The provisions of sections 103F.415 to 103F.455 are not applicable without the adoption of
an ordinance by the county or local government unit.
History: 1990 c 391 art 6 s 67

103F.455 PENALTY.
A person who violates section 103F.415, subdivision 1, is subject to a civil penalty up to
$500.
History: 1990 c 391 art 6 s 68

103F.460 [Repealed, 1994 c 557 s 27]

103F.461 [Repealed, 2002 c 220 art 8 s 16]

REINVEST IN MINNESOTA RESOURCES LAW

103F.501 SHORT TITLE.
Sections 103F.505 to 103F.531 may be cited as the "Reinvest in Minnesota Resources Law."
History: 1990 c 391 art 6 s 70

103F.505 PURPOSE AND POLICY.
It is the purpose of sections 103F.505 to 103F.531 to keep certain marginal agricultural land
out of crop production to protect soil and water quality and support fish and wildlife habitat. It
is state policy to encourage the retirement of marginal, highly erodible land, particularly land
adjacent to public waters, drainage systems, wetlands, and locally designated priority waters, from
crop production and to reestablish a cover of perennial vegetation.
History: 1990 c 391 art 6 s 71; 1992 c 415 s 1

103F.511 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.505 to
103F.535.
    Subd. 2. Board. "Board" means the Board of Water and Soil Resources.
    Subd. 3. Conservation easement. "Conservation easement" means a conservation easement
as defined in section 84C.01.
    Subd. 4. Conservation reserve program. "Conservation reserve program" means the
program established under section 103F.515.
    Subd. 5. Drained wetland. "Drained wetland" means a former natural wetland that has been
altered by draining, dredging, filling, leveling, or other manipulation sufficient to render the land
suitable for agricultural crop production. The alteration must have occurred before December 23,
1985, and must be a legal alteration as determined by the commissioner of natural resources.
    Subd. 6. Landowner. "Landowner" means an individual or entity that is not prohibited from
owning agricultural land under section 500.24 and either owns eligible land or is purchasing
eligible land under a contract for deed.
    Subd. 7. Marginal agricultural land. "Marginal agricultural land" means land that is:
(1) composed of class IIIe, IVe, V, VI, VII, or VIII land as identified in the land capability
classification system of the United States Department of Agriculture; or
(2) similar to land described under clause (1) and identified under a land classification
system selected by the board.
    Subd. 8. Public waters. "Public waters" means waters and wetlands as defined in section
103G.005, and inventoried under section 103G.201.
    Subd. 8a. Riparian land. "Riparian land" means lands adjacent to public waters, drainage
systems, wetlands, or locally designated priority waters identified in a comprehensive local water
plan, as defined in section 103B.3363, subdivision 3.
    Subd. 9. Sensitive groundwater area. "Sensitive groundwater area" means a geographic
area defined by natural features where there is a significant risk of groundwater degradation from
activities conducted at or near the land surface. These areas may be identified by mapping or other
appropriate methods determined by the commissioner of natural resources and the Board of Water
and Soil Resources. Wellhead protection areas may be designated as a sensitive groundwater area.
    Subd. 10. Wetland. "Wetland" means land that has a predominance of hydric soils and that
is inundated or saturated by surface or ground water at a frequency and duration sufficient to
support, or that periodically does support, a predominance of hydrophytic vegetation typically
adapted for life in saturated soil conditions.
    Subd. 11. Windbreak. "Windbreak" means a strip or belt of trees, shrubs, or grass barriers at
least six rows deep and within 300 feet of the right-of-way of a highway.
History: 1990 c 391 art 6 s 72; 1992 c 415 s 2; 2001 c 99 s 1

103F.515 CONSERVATION RESERVE PROGRAM.
    Subdivision 1. Establishment of program. The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish and
administer a conservation reserve program. The board shall implement sections 103F.505 to
103F.531. Selection of land for the conservation reserve program must be based on its potential
for fish and wildlife production, reducing erosion, and protecting water quality.
    Subd. 2. Eligible land. (a) Land may be placed in the conservation reserve program if the
land meets the requirements of paragraphs (b) and (c).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either beneficial to resource protection or
necessary for efficient recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak would be beneficial to resource protection;
(5) is land in a sensitive groundwater area;
(6) is riparian land;
(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to four acres
of cropland or one acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land, provided that funds are not used for
compensation of the value of the buildings; or
(10) is land on a hillside used for pasture.
(c) Eligible land under paragraph (a) must:
(1) be owned by the landowner, or a parent or other blood relative of the landowner, for at
least one year before the date of application;
(2) be at least five acres in size, except for a drained wetland area, riparian area, windbreak,
woodlot, or abandoned building site, or be a whole field as defined by the United States
Agricultural Stabilization and Conservation Services;
(3) not be set aside, enrolled or diverted under another federal or state government program
unless enrollment in the conservation reserve program would provide additional conservation
benefits or a longer term of enrollment than under the current federal or state program; and
(4) have been in agricultural crop production for at least two of the last five years before
the date of application except drained wetlands, riparian lands, woodlots, abandoned building
sites, or land on a hillside used for pasture.
(d) In selecting drained wetlands for enrollment in the program, the highest priority must be
given to wetlands with a cropping history during the period 1976 to 1985.
(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.
    Subd. 3. Conservation easements. (a) The board may acquire, or accept by gift or donation,
conservation easements on eligible land. An easement may be permanent or of limited duration.
An easement acquired on land for windbreak purposes, under subdivision 2, may be only of
permanent duration. An easement of limited duration may not be acquired if it is for a period
less than 20 years. The negotiation and acquisition of easements authorized by this section are
exempt from the contractual provisions of chapters 16B and 16C.
(b) The board may acquire, or accept by gift or donation, flowage easements when necessary
for completion of wetland restoration projects.
    Subd. 4. Nature of property rights acquired. (a) A conservation easement must prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically approved by
the board;
(2) agricultural crop production, unless specifically approved by the board for wildlife
management purposes;
(3) grazing of livestock except, for agreements entered before the effective date of Laws
1990, chapter 391, grazing of livestock may be allowed only if approved by the board after
consultation with the commissioner of natural resources, in the case of severe drought, or a local
emergency declared under section 12.29; and
(4) spraying with chemicals or mowing, except as necessary to comply with noxious weed
control laws or emergency control of pests necessary to protect public health.
(b) A conservation easement is subject to the terms of the agreement provided in subdivision
5.
(c) A conservation easement must allow repairs, improvements, and inspections necessary to
maintain public drainage systems provided the easement area is restored to the condition required
by the terms of the conservation easement.
    Subd. 5. Agreements by landowner. The board may enroll eligible land in the conservation
reserve program by signing an agreement in recordable form with a landowner in which the
landowner agrees:
(1) to convey to the state a conservation easement that is not subject to any prior title, lien,
or encumbrance;
(2) to seed the land subject to the conservation easement, as specified in the agreement, to
establish and maintain perennial cover of either a grass-legume mixture or native grasses for the
term of the easement, at seeding rates determined by the board; or to plant trees or carry out
other long-term capital improvements approved by the board for soil and water conservation or
wildlife management;
(3) to convey to the state a permanent easement for the wetland restoration;
(4) that other land supporting natural vegetation owned or leased as part of the same farm
operation at the time of application, if it supports natural vegetation or has not been used in
agricultural crop production, will not be converted to agricultural crop production or pasture; and
(5) that the easement duration may be lengthened through mutual agreement with the board
in consultation with the commissioners of agriculture and natural resources if they determine that
the changes effectuate the purpose of the program or facilitate its administration.
    Subd. 6. Payments for conservation easements and establishment of cover. (a) The board
must make the following payments to the landowner for the conservation easement and agreement:
(1) to establish the perennial cover or other improvements required by the agreement:
(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost not to
exceed $125 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $150 per acre for perpetual easements;
(ii) for native species restoration, 75 percent of the total eligible cost not to exceed $200
per acre for limited duration easements and 100 percent of the total eligible cost not to exceed
$300 per acre for perpetual easements; and
(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 per acre;
(2) for the cost of planting trees required by the agreement, up to 75 percent of the total
eligible cost not to exceed $250 per acre for limited duration easements, and 100 percent of the
total eligible cost not to exceed $400 per acre for perpetual easements;
(3) for a permanent easement, 70 percent of the township average equalized estimated
market value of agricultural property as established by the commissioner of revenue at the time of
easement application;
(4) for an easement of limited duration, 90 percent of the present value of the average of the
accepted bids for the federal conservation reserve program, as contained in Public Law 99-198, in
the relevant geographic area and on bids accepted at the time of easement application; or
(5) an alternative payment system for easements based on cash rent or a similar system as
may be determined by the board.
(b) For hillside pasture conservation easements, the payments to the landowner in paragraph
(a) for the conservation easement and agreement must be reduced to reflect the value of similar
property.
(c) The board may establish a payment system for flowage easements acquired under this
section.
(d) For wetland restoration projects involving more than one conservation easement, state
payments for restoration costs may exceed the limits set forth in this section for an individual
easement provided the total payment for the restoration project does not exceed the amount
payable for the total number of acres involved.
(e) The board may use available nonstate funds to exceed the payment limits in this section.
    Subd. 7. Easement renewal. When a conservation easement of limited duration expires,
a new conservation easement and agreement for an additional period of not less than 20 years
may be acquired by agreement of the board and the landowner, under the terms of this section.
The board may adjust payment rates as a result of renewing an agreement and conservation
easement only after examining the condition of the established cover, conservation practices,
and land values.
    Subd. 8. Correction of conservation easement boundary lines. To correct errors in legal
descriptions for easements that affect the ownership interests in the state and adjacent landowners,
the board may, in the name of the state, with the approval of the attorney general, convey, without
consideration, interests of the state necessary to correct legal descriptions of boundaries. The
conveyance must be by quitclaim deed or release in a form approved by the attorney general.
    Subd. 9. Enforcement and damages. (a) A landowner who violates the term of a
conservation easement or agreement under this section, or induces, assists, or allows another to do
so, is liable to the state for treble damages if the trespass is willful, but liable for double damages
only if the trespass is not willful. The amount of damages is the amount needed to make the state
whole or the amount the landowner has gained due to the violation, whichever is greater.
(b) Upon the request of the board, the attorney general may commence an action for specific
performances, injunctive relief, damages, including attorney's fees, and any other appropriate
relief to enforce sections 103F.505 to 103F.531 in district court in the county where all or part
of the violation is alleged to have been committed, or where the landowner resides or has a
principal place of business.
History: 1990 c 391 art 6 s 73; 1991 c 354 art 10 s 3; 1992 c 415 s 3; 1996 c 449 s 1-3;
1998 c 386 art 2 s 31; 1999 c 231 s 127; 2001 c 99 s 2

103F.516 PERMANENT WETLANDS PRESERVE.
    Subdivision 1. Easements. Upon application by a landowner, the board may acquire
permanent easements and may pay for the cost of related capital improvement projects to preserve
or restore wetlands on land containing type 1, 2, 3, 4, 5, or 6 wetlands, as defined in United States
Fish and Wildlife Service Circular No. 39 (1971 edition), public waters wetlands, or public waters.
    Subd. 2. Nature of property rights acquired. (a) The nature of property rights acquired
in an easement under this section must be consistent with the provisions of section 103F.515,
subdivision 4 .
(b) A permanent easement may include four adjacent upland acres of land for each acre of
wetlands, public waters wetlands, or public waters included.
(c) The easement must require that the landowner control noxious weeds in accordance
with sections 18.77 to 18.88.
(d) The permanent easement must be conveyed to the state in recordable form free of any
prior title, lien, or encumbrance and must provide for a right of entry by the state for inspection
and correction of violations.
    Subd. 3. Payment. (a) Payment for the conservation easement may be made in ten equal
annual payments or, at the option of the landowner, in a lump sum at:
(1) 50 percent of the township average equalized estimated market value of agricultural
property as established by the commissioner of revenue at the time of easement application for
wetlands, public waters wetlands, or public waters located outside of the metropolitan counties, as
defined in section 473.121, subdivision 4, and wetlands located on agricultural lands within a
metropolitan county;
(2) for wetlands, public waters wetlands, or public waters located on nonagricultural land
within the metropolitan county, 20 percent of the township average equalized estimated market
value of agricultural property as established by the commissioner of revenue at the time of
easement application; or
(3) for wetlands, public waters wetlands, or public waters connected to a public or private
drainage system, an amount determined by the board based on the fair market value of the land if
drainage infrastructure were restored.
(b) Payment for adjacent upland acreage of cropped and noncropped land under subdivision
2, paragraph (b), must be made at 90 percent and 60 percent, respectively, of the township average
equalized market value of agricultural land as established by the commissioner of revenue at
the time of easement application.
    Subd. 4. Enforcement and corrections. Enforcement of the permanent easement and
violation corrections is governed by section 103F.515, subdivisions 8 and 9.
    Subd. 5. Available funds. A property owner eligible for payments under this section must
receive payments to the extent that funds are available. If funds are not available and payments
are not made, restrictions on the use of the property owner's wetlands are terminated under this
section.
History: 1991 c 354 art 3 s 1; 1994 c 627 s 2; 1995 c 186 s 29; 2001 c 146 s 1-3

103F.521 COOPERATION AND TECHNICAL ASSISTANCE.
    Subdivision 1. Cooperation. In implementing sections 103F.505 to 103F.531, the board
must share information and cooperate with the Department of Agriculture, the Department of
Natural Resources, the Pollution Control Agency, the United States Fish and Wildlife Service, the
Agricultural Stabilization and Conservation Service and Soil Conservation Service of the United
States Department of Agriculture, the Minnesota Extension Service, the University of Minnesota,
county boards, and interested private organizations and individuals.
    Subd. 2. Technical assistance. (a) The board and the commissioners of agriculture and
natural resources must provide necessary technical assistance to landowners enrolled in the
conservation reserve program. The commissioner of natural resources must provide technical
advice and assistance to the board on:
(1) the form and content of the conservation easement and agreement;
(2) forestry and agronomic practices; and
(3) hydrologic and hydraulic design relating to the establishment and maintenance of
permanent cover, or other conservation improvements.
(b) The commissioner of transportation must provide technical advice and assistance to
the board and the commissioner of natural resources on the planting of windbreaks adjacent to
highways.
(c) The board and the commissioners of agriculture and natural resources shall jointly
prepare an informational booklet on the conservation reserve program and other state and federal
programs for land acquisition, conservation, and retirement to be made available to eligible
landowners and the general public.
History: 1990 c 391 art 6 s 74

103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE CONSERVATION
PROGRAMS.
The board may supplement payments made under federal land retirement programs to the
extent of available appropriations other than bond proceeds. The supplemental payments must
be used to establish perennial cover on land enrolled or increase payments for land enrollment
in programs approved by the board, including the federal conservation reserve program and
federal and state water bank program.
History: 1990 c 391 art 6 s 75

103F.526 FOOD PLOTS IN WINDBREAKS.
The board, in cooperation with the commissioner of natural resources, may authorize wildlife
food plots on land with windbreaks.
History: 1990 c 391 art 6 s 76

103F.531 RULEMAKING.
The board may adopt rules to implement sections 103F.505 to 103F.531. The rules must
include standards for tree planting so that planting does not conflict with existing electrical lines,
telephone lines, rights-of-way, or drainage ditches.
History: 1990 c 391 art 6 s 77

103F.535 RESERVATION OF MARGINAL LAND AND WETLANDS.
    Subdivision 1. Reservation of marginal land and wetlands. (a) Marginal land and wetlands
are withdrawn from sale or exchange unless:
(1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed
by the Board of Water and Soil Resources, is provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form prescribed by the Board of Water
and Soil Resources, that precludes enrollment of the land in a state-funded program providing
compensation for conservation of marginal land or wetlands.
(b) This section does not apply to transfers of land by the Board of Water and Soil Resources
to correct errors in legal descriptions under section 103F.515, subdivision 8, or to transfers by the
commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would
interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions under section 84.0273;
(4) exchanges of nonagricultural land with the federal government, or exchanges of Class
A, Class B, and riparian nonagricultural land with local units of government under sections
94.342, 94.343, and 94.344;
(5) land transferred to political subdivisions for public purposes under sections 84.027,
subdivision 10 , and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent property owners and lease
holders under section 85.015, subdivision 1, paragraph (b).
(c) This section does not apply to transfers of land by the commissioner of administration
or transportation or by the Minnesota Housing Finance Agency, or to transfers of tax-forfeited
land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal descriptions.
(d) This section does not apply to transfers of land by the commissioner of administration or
by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would
interfere with the commercial use; or
(2) land transferred to political subdivisions for public purposes under sections 84.027,
subdivision 10 , and 94.10.
    Subd. 2.[Repealed, 1992 c 502 s 7;1992 c 561 s 10]
    Subd. 3.[Repealed, 1992 c 502 s 7;1992 c 561 s 10]
    Subd. 4.[Repealed, 1992 c 561 s 10]
    Subd. 5. Release and alteration of conservation easements. Conservation easements
existing under this section, as of April 30, 1992, may be altered, released, or terminated by the
Board of Water and Soil Resources after consultation with the commissioners of agriculture and
natural resources. The board may alter, release, or terminate a conservation easement only if the
board determines that the public interest and general welfare are better served by the alteration,
release, or termination.
History: 1990 c 391 art 6 s 78; 1990 c 473 s 1,2; 1990 c 572 s 13; 1991 c 214 s 5; 1992 c
502 s 1; 1992 c 561 s 1,9; 1Sp2005 c 1 art 2 s 119

WATER BANK PROGRAM

103F.601 WATER BANK PROGRAM.
    Subdivision 1. Establishment. (a) The commissioner of natural resources shall establish
a water bank program of acquiring interests in land to preserve wetlands, whether or not the
wetlands are included in the definition contained in section 103G.005, subdivision 15a.
(b) The commissioner may:
(1) acquire title to wetlands under section 97A.145; or
(2) enter into easement agreements with property owners to preserve wetlands and other
waters.
    Subd. 2. Easement agreements. (a) The easement agreements must be conservation
easements, as defined in section 84C.01, paragraph (1). The conservation easements may be
possessory or nonpossessory if agreed upon by the property owner and the commissioner.
(b) The conservation easements must be:
(1) for a period of at least 20 years, with provision for renewal for at least 20-year periods; or
(2) permanent in duration.
(c) Highest priority must be given to property owners desiring to enter agreements for
permanent easements.
(d) The commissioner may reexamine the payment rates at the beginning of a 20-year
renewal period and adjust them after giving consideration to current land and crop values.
    Subd. 3. Easement agreement. In the easement agreement between the commissioner and a
property owner, the property owner must agree:
(1) to designate eligible wetland areas for placement into the water bank program, which
may include wetlands covered by a federal or state government easement that allows agricultural
use, together with adjacent areas as determined desirable by the commissioner;
(2) to place designated eligible wetland areas in the program for the period of the agreement;
(3) not to drain, burn, fill, or otherwise destroy the wetland character of the areas, or to use
them for agricultural purposes, as determined by the commissioner;
(4) to implement the wetland conservation and development plan for the property in
accordance with the agreement, unless a requirement of the agreement or plan is waived or
changed by the commissioner;
(5) that upon violating the agreement during the time the property owner has control of the
property covered by the agreement:
(i) to forfeit rights to further payments or grants under the agreement and to refund to the
state payments or grants received under the agreement if the commissioner determines that the
violation warrants termination of the agreement; or
(ii) to make refunds or accept payment adjustments the commissioner finds appropriate if
the commissioner determines that the violation by the owner does not warrant termination of
the agreement;
(6) not to adopt a practice specified by the commissioner in an easement as a practice that
would tend to defeat the purposes of the easement; and
(7) to additional provisions that the commissioner determines are desirable and includes in
the easement to implement the purposes of the program or to facilitate its administration.
    Subd. 4. Conservation and development advice. The commissioner must provide advice
about conservation and development practices on the wetlands and adjacent areas to implement
this section.
    Subd. 5. Easement payments. The commissioner must make payments under this
subdivision to the property owner for the water bank easement:
(1) for a permanent easement, 50 percent of the average equalized estimated market value
of cropland in the township as established by the commissioner of revenue for the time period
when the application is made;
(2) for an easement of limited duration, a lump sum payment equal to 65 percent of the value
of the permanent easement value for the time period when the application is made; or
(3) an alternative payment system for easements based on cash rent or a similar system
as may be determined by the commissioner.
    Subd. 6. Conversion to permanent easement. A limited-term easement may be converted
to a permanent easement or renewed at the end of the easement period for an additional 20
years by mutual agreement of the commissioner and the property owner, subject to a rate
redetermination by the commissioner.
    Subd. 7. Change of ownership. If the property owner sells or otherwise disposes of the
ownership or right of occupancy of the property during the easement period, the new property
owner must continue the easement under the same terms or conditions.
    Subd. 8. Termination or changing agreement. The commissioner may terminate an
easement by mutual agreement with the property owner if the commissioner determines that the
termination would be in the public interest, and may agree to a modification of terms of the
agreement that the commissioner determines desirable to implement the water bank program or
facilitate its administration.
    Subd. 9. Rules. The commissioner may adopt rules that include the procedures and payment
rates to implement this section.
History: 1990 c 391 art 6 s 79; 1996 c 462 s 43

WETLAND PRESERVATION AREAS

103F.612 WETLAND PRESERVATION AREAS.
    Subdivision 1. Definition. For purposes of sections 103F.612 to 103F.616, "wetland" has the
meaning given in section 103G.005, subdivision 19.
    Subd. 2. Application. (a) A wetland owner may apply to the county where a wetland is
located for designation of a wetland preservation area in a high priority wetland area identified in
a comprehensive local water plan, as defined in section 103B.3363, subdivision 3, and located
within a high priority wetland region designated by the Board of Water and Soil Resources, if the
county chooses to accept wetland preservation area applications. The application must be made
on forms provided by the board. If a wetland is located in more than one county, the application
must be submitted to the county where the majority of the wetland is located.
(b) The application shall be executed and acknowledged in the manner required by law to
execute and acknowledge a deed and must contain at least the following information and other
information the Board of Water and Soil Resources requires:
(1) legal description of the area to be approved, which must include an upland strip at least
16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland
area of up to four acres for each acre of wetland;
(2) parcel identification numbers where designated by the county auditor;
(3) name and address of the owner;
(4) a statement by the owner covenanting that the land will be preserved as a wetland and
will only be used in accordance with conditions prescribed by the Board of Water and Soil
Resources and providing that the restrictive covenant will be binding on the owner and the
owner's successors or assigns, and will run with the land.
(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent
vegetation other than a noxious weed.
    Subd. 3. Review and notice. Upon receipt of an application, the county shall determine
if all material required by subdivision 2 has been submitted and, if so, shall determine that
the application is complete. The term "date of application" means the date the application is
determined to be complete by the county. The county shall send a copy of the application to the
county assessor, the Board of Water and Soil Resources, and the soil and water conservation
district where the land is located. The soil and water conservation district shall prepare an
advisory statement of existing and potential preservation problems or conflicts and send the
statement to the owner of record and to the county. The county shall notify the landowner of the
acceptance or denial of the application within 60 days from the date of the application.
    Subd. 4. Recording. Within five days of the date of application, the county shall forward the
application to the county recorder for recording or to the registrar of titles for filing if the land is
registered. The county recorder shall record the application containing the restrictive covenant
and return it to the applicant. If the land is registered, the registrar of titles shall memorialize
the application containing the restrictive covenant upon the certificate of title. The recorder or
registrar of titles shall notify the county that the application has been recorded or memorialized.
    Subd. 5. Commencement of wetland preservation area. The wetland is a wetland
preservation area commencing 30 days from the date the county notifies the landowner of
acceptance of the application under subdivision 3.
    Subd. 6. Fee. The county may require an application fee to defray administrative costs
of the program.
    Subd. 7. Maps. The county shall maintain wetland preservation area maps illustrating land
covenanted as wetland preservation areas.
    Subd. 8. Authority of watershed management organization. A watershed management
organization with an approved watershed management plan under section 103B.231 has the same
authority as a county to receive and act on applications under sections 103F.612 to 103F.616.
History: 1991 c 354 art 4 s 1; 1996 c 462 s 5-9; 1999 c 11 art 1 s 4,5; 2001 c 146 s 4

103F.613 DURATION OF WETLAND PRESERVATION AREA.
    Subdivision 1. General. A wetland preservation area continues in existence until the owner
initiates expiration as provided in this section. The date of expiration must be at least eight years
from the date of notice under this section.
    Subd. 2. Termination by owner. The owner may initiate expiration of a wetland preservation
area by notifying the county on a form prepared by the Board of Water and Soil Resources and
made available in each county. The notice must describe the property involved and must state
the date of expiration. The notice may be rescinded by the owner during the first two years
following notice.
    Subd. 3. Notice and recording; termination. When the county receives notice under
subdivision 2, the county shall forward the original notice to the county recorder for recording or
to the registrar of titles for filing if the land is registered and shall notify the regional development
commission, where applicable, the Board of Water and Soil Resources, and the county soil
and water conservation district of the date of expiration. The benefits and limitations of the
wetland preservation area and the restrictive covenant filed with the application cease on the
date of expiration. If the land is registered, the registrar of titles shall cancel the memorial of
the application containing the restrictive covenant upon the certificate of title on the effective
date of the expiration.
    Subd. 4. Early expiration. A wetland preservation area may be terminated earlier than as
provided in this section only in the event of a public emergency upon petition from the owner or
county to the governor. The determination of a public emergency must be made by the governor
through executive order under section 4.035 and chapter 12. The executive order must identify the
wetland preservation area, the reasons requiring the action, and the date of expiration.
History: 1991 c 354 art 4 s 2; 1999 c 11 art 1 s 6

103F.614 EMINENT DOMAIN ACTIONS.
    Subdivision 1. Applicability. An agency of the state, a public benefit corporation, a local
government, or any other entity with the power of eminent domain under chapter 117, except a
public utility as defined in section 216B.02, a municipal electric or gas utility, a municipal power
agency, a cooperative electric association organized under chapter 308A, or a pipeline operating
under the authority of the Natural Gas Act, United States Code, title 15, sections 717 to 717z,
shall follow the procedures in this section before:
(1) acquiring land or an easement in land with a total area over ten acres within a wetland
preservation area; or
(2) advancing a grant, loan, interest subsidy, or other funds for the construction of dwellings,
commercial or industrial facilities, or water or sewer facilities that could be used to serve
structures in areas that are not for agricultural use, that require an acquisition of land or an
easement in a wetland preservation area.
    Subd. 2. Notice of intent. At least 60 days before an action described in subdivision 1,
notice of intent must be filed with the Environmental Quality Board containing information and in
the manner and form required by the Environmental Quality Board. The notice of intent must
contain a report justifying the proposed action, including an evaluation of alternatives that would
not affect land within a wetland preservation area.
    Subd. 3. Review and order. The Environmental Quality Board, in consultation with affected
local governments, shall review the proposed action to determine its effect on the preservation
and enhancement of wetlands and the relationship to local and regional comprehensive plans.
If the Environmental Quality Board finds that the proposed action might have an unreasonable
effect on a wetland preservation area, the Environmental Quality Board shall issue an order
within the 60-day period under subdivision 2 for the party to refrain from the proposed action
for an additional 60 days.
    Subd. 4. Public hearing. During the additional 60 days, the Environmental Quality Board
shall hold a public hearing concerning the proposed action at a place within the affected wetland
preservation area or easily accessible to the wetland preservation area. Notice of the hearing must
be published in a newspaper having a general circulation within the area. Individual written notice
must be given to the local governments with jurisdiction over the wetland preservation area, the
agency, corporation or government proposing to take the action, the owner of land in the wetland
preservation area, and any public agency having the power of review or approval of the action.
    Subd. 5. Joint review. The review process required in this section may be conducted jointly
with any other environmental impact review by the Environmental Quality Board.
    Subd. 6. Suspension of action. The Environmental Quality Board may suspend an eminent
domain action for up to one year if it determines that the action is contrary to wetland preservation
and that there are feasible and prudent alternatives that may have a less negative impact on the
wetland preservation area.
    Subd. 7. Termination of wetland preservation area. The benefits and limitations of a
wetland preservation area, including the restrictive covenant for the portion of the wetland
preservation area taken, end on the date title and possession of the property is obtained.
    Subd. 8. Action by attorney general. The Environmental Quality Board may request the
attorney general to bring an action to enjoin an agency, corporation, or government from violating
this section.
    Subd. 9. Exception. This section does not apply to an emergency project that is immediately
necessary for the protection of life and property.
History: 1991 c 354 art 4 s 3

103F.615 LIMITATION ON CERTAIN PUBLIC PROJECTS.
    Subdivision 1. Projects and assessments prohibited; exception. Notwithstanding any other
law, construction projects for public sanitary sewer systems, public water systems, and new
public drainage systems are prohibited in wetland preservation areas. New connections between
land or buildings in a wetland preservation area and public projects are prohibited. Land in
a wetland preservation area may not be assessed for public projects built in the vicinity of the
wetland preservation area.
    Subd. 2. Exception; owner option. Subdivision 1 does not apply to public projects if the
owner of the wetland preservation area elects to use and benefit from a public project.
History: 1991 c 354 art 4 s 4

103F.616 SOIL CONSERVATION PRACTICES.
An owner of a wetland preservation area shall manage the area and surrounding upland areas
with sound soil conservation practices that prevent excessive soil loss according to the model
ordinance adopted by the Board of Water and Soil Resources. The model ordinance and soil loss
provisions under sections 103F.401 to 103F.455 relating to soil loss apply to all upland areas
within a wetland preservation area and to surrounding upland areas. A sound soil conservation
practice prevents excessive soil loss or reduces soil loss to the most practicable extent.
History: 1991 c 354 art 4 s 5

CLEAN WATER PARTNERSHIP

103F.701 CITATION.
Sections 103F.701 to 103F.761 may be cited as the "Clean Water Partnership Law."
History: 1990 c 391 art 6 s 80

103F.705 PURPOSE.
(a) It is the purpose of the legislature in enacting sections 103F.701 to 103F.761 to protect
and improve surface and ground water in the state, through financial and technical assistance
to local units of government to control water pollution associated with land use and land
management activities.
(b) It is also the purpose of the legislature to:
(1) identify water quality problems and their causes;
(2) direct technical and financial resources to resolve water quality problems and to abate
their causes;
(3) provide technical and financial resources to local units of government for implementation
of water quality protection and improvement projects;
(4) coordinate a nonpoint source pollution control program with elements of the existing
state water quality program and other existing resource management programs; and
(5) provide a legal basis for state implementation of federal laws controlling nonpoint source
water pollution.
History: 1990 c 391 art 6 s 81

103F.711 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.701 to
103F.761.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 3. Best management practices. "Best management practices" means practices,
techniques, and measures, that prevent or reduce water pollution from nonpoint sources by using
the most effective and practicable means of achieving water quality goals. Best management
practices include, but are not limited to, official controls, structural and nonstructural controls,
and operation and maintenance procedures.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 5. Local unit of government. "Local unit of government" means a statutory or
home rule charter city, town, county, soil and water conservation district, watershed district, an
organization formed for the joint exercise of powers under section 471.59, and any other special
purpose district or authority exercising authority in water and related land resources management
at the local level.
    Subd. 6. Nonpoint source. "Nonpoint source" is a land management activity or land use
activity that contributes or may contribute to ground and surface water pollution as a result
of runoff, seepage, or percolation and that is not defined as a point source in section 115.01,
subdivision 11 . Nonpoint sources include rural and urban land management activities and land
use activities and specialty land use activities such as transportation.
    Subd. 7. Official controls. "Official controls" means ordinances and regulations that control
the physical development of the whole or part of a local government unit or that implement the
general objectives of the local government unit.
    Subd. 8. Project. "Project" means the diagnostic study of water pollution caused by
nonpoint sources of water pollution, a plan to implement best management practices, and the
physical features constructed or actions taken by a local unit of government to implement best
management practices.
    Subd. 9. Water pollution. "Water pollution" means water pollution as defined in section
115.01, subdivision 13.
    Subd. 10. Waters of the state. "Waters of the state" means waters as defined in section
115.01, subdivision 22.
History: 1990 c 391 art 6 s 82

103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
A clean water partnership program is established as provided in sections 103F.701 to
103F.761. The agency shall administer the program in accordance with these sections. As a basis
for the program, the agency and the Metropolitan Council shall conduct an assessment of waters in
accordance with section 103F.721. The agency shall then provide financial and technical assistance
in accordance with section 103F.725 to local units of government for projects in geographical
areas that contribute to surface or ground water flows. The projects shall provide for protection
and improvement of surface and ground water from nonpoint sources of water pollution.
History: 1990 c 391 art 6 s 83

103F.721 STATEWIDE RESOURCE ASSESSMENT.
The agency shall conduct an assessment of waters of the state that have been polluted by
nonpoint sources and of geographical areas with waters of the state that have a high potential
for water pollution caused by nonpoint sources. The Metropolitan Council shall conduct the
assessment in the metropolitan area, as defined in section 473.121, subdivision 2, in cooperation
with the agency.
History: 1990 c 391 art 6 s 84

103F.725 FINANCIAL AND TECHNICAL ASSISTANCE.
    Subdivision 1. Financial assistance. (a) The agency may award grants for up to 50 percent
of the eligible cost for:
(1) the development of a diagnostic study and implementation plan; and
(2) the implementation of that plan.
(b) The agency shall determine which costs are eligible costs and grants shall be made and
used only for eligible costs.
    Subd. 1a. Financial assistance; loans. (a) Up to $36,000,000 of the balance in the water
pollution control revolving fund in section 446A.07, as determined by the Public Facilities
Authority, may be provided to the commissioner for the establishment of a clean water partnership
loan program.
(b) The agency may award loans for up to 100 percent of the costs associated with activities
identified by the agency as best management practices pursuant to section 319 and section 320 of
the federal Water Quality Act of 1987, as amended, including associated administrative costs.
(c) Loans may be used to finance clean water partnership grant project eligible costs not
funded by grant assistance.
(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, shall be
determined by the agency in consultation with the Public Facilities Authority.
(e) The repayment must be deposited in the water pollution control revolving fund under
section 446A.07.
(f) The local unit of government receiving the loan is responsible for repayment of the loan.
(g) For the purpose of obtaining a loan from the agency, a local government unit may provide
to the agency its general obligation note. All obligations incurred by a local government unit in
obtaining a loan from the agency must be in accordance with chapter 475, except that so long
as the obligations are issued to evidence a loan from the agency to the local government unit,
an election is not required to authorize the obligations issued, and the amount of the obligations
shall not be included in determining the net indebtedness of the local government unit under the
provisions of any law or chapter limiting the indebtedness.
    Subd. 2. Technical assistance. The agency may provide technical assistance to local units of
government to ensure efficient and effective development and implementation of projects and
coordination of projects with other water management activities.
History: 1990 c 391 art 6 s 85; 1994 c 632 art 2 s 27; 1995 c 220 s 93; 1996 c 407 s 44;
1998 c 404 s 36

103F.731 ELIGIBILITY FOR ASSISTANCE.
    Subdivision 1. Generally. To be eligible for the financial or technical assistance or both as
provided in section 103F.725, a local unit of government applying for assistance must:
(1) have authority to coordinate and enter into contracts with local, state, and federal agencies
and private organizations, raise funds, and adopt and enforce official controls; and
(2) provide the agency with those documents required in subdivision 2.
    Subd. 2. Documents required. (a) An applicant for assistance shall submit the following
to the agency:
(1) an application form as prescribed by the agency;
(2) evidence that the applicant has consulted with the local soil and water conservation
districts and watershed districts, where they exist, in preparing the application; and
(3) one of the following documents:
(i) the comprehensive water plan authorized under sections 103B.301 to 103B.355;
(ii) a surface water management plan required under section 103B.231;
(iii) an overall plan required under chapter 103D; or
(iv) any other local plan that provides an inventory of existing physical and hydrologic
information on the area, a general identification of water quality problems and goals, and that
demonstrates a local commitment to water quality protection or improvement.
(b) After July 1, 1991, only projects that are a part of, or are responsive to, a local water plan
under the Comprehensive Local Water Management Act, chapter 103D, or sections 103B.211
to 103B.255, will be eligible under paragraph (a), clause (3).
(c) The document submitted in compliance with paragraph (a), clause (2), must identify
existing and potential nonpoint source water pollution problems and must recognize the need
and demonstrate the applicant's commitment to abate or prevent water pollution from nonpoint
sources in the geographic areas for which the application is submitted.
History: 1990 c 391 art 6 s 86

103F.735 AGENCY REVIEW OF APPLICATIONS.
    Subdivision 1. Ranking of applications. The agency shall rank applications for technical
and financial assistance in order of priority and shall, within the limits of available appropriations,
grant those applications having the highest priority. The agency shall by rule adopt appropriate
criteria to determine the priority of projects.
    Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best
demonstrate compliance with the objectives in paragraphs (b) to (e).
(b) The project demonstrates participation, coordination, and cooperation between local
units of government and other public agencies, including soil and water conservation districts
or watershed districts, or both those districts.
(c) The degree of water quality improvement or protection is maximized relative to the cost
of implementing the best management practices.
(d) Best management practices provide a feasible means to abate or prevent nonpoint source
water pollution.
(e) The project goals and objectives are consistent with the state water quality management
plans, the statewide resource assessment conducted under section 103F.721, and other applicable
state and local resource management programs.
History: 1990 c 391 art 6 s 87

103F.741 PLAN IMPLEMENTATION.
    Subdivision 1. Implementation according to law and contract. A local unit of
government receiving technical or financial assistance or both from the agency shall carry out the
implementation plan approved by the agency according to the terms of the plan, the provisions
of a contract or grant agreement made with the agency and according to sections 103F.701 to
103F.761, the rules of the agency, and applicable federal requirements.
    Subd. 2. Review by agency. The commissioner or the commissioner's designee may, at any
reasonable time, inspect any project and review the expenditure of financial assistance funds
granted by the agency to determine whether the local unit of government has complied with
subdivision 1.
    Subd. 3. Enforcement of agreements. The agency may bring a civil action in district court
to recover from a local governmental unit any financial assistance funds used in violation of
subdivision 1.
History: 1990 c 391 art 6 s 88

103F.745 RULES.
(a) The agency shall adopt rules necessary to implement sections 103F.701 to 103F.761. The
rules shall contain at a minimum:
(1) procedures to be followed by local units of government in applying for technical or
financial assistance or both;
(2) conditions for the administration of assistance;
(3) procedures for the development, evaluation, and implementation of best management
practices;
(4) requirements for a diagnostic study and implementation plan;
(5) criteria for the evaluation and approval of a diagnostic study and implementation plan;
(6) criteria for the evaluation of best management practices;
(7) criteria for the ranking of projects in order of priority for assistance;
(8) criteria for defining and evaluating eligible costs and cost-sharing by local units of
government applying for assistance; and
(9) other matters as the agency and the commissioner find necessary for the proper
administration of sections 103F.701 to 103F.761, including any rules determined by the
commissioner to be necessary for the implementation of federal programs to control nonpoint
source water pollution.
(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria
established by rule for the clean water partnership grants program shall guide requirements and
administrative procedures for the loan program until January 1, 1996, or the effective date of the
administrative rules for the clean water partnership loan program, whichever occurs first.
History: 1990 c 391 art 6 s 89; 1994 c 632 art 2 s 28

103F.751 NONPOINT SOURCE POLLUTION CONTROL PLAN AND PROGRAM
EVALUATION.
To coordinate the programs and activities used to control nonpoint sources of pollution to
achieve the state's water quality goals, the agency shall:
(1) develop a state plan for the control of nonpoint source water pollution to meet the
requirements of the federal Clean Water Act;
(2) work through the Environmental Quality Board to coordinate the activities and programs
of federal, state, and local agencies involved in nonpoint source pollution control and, as
appropriate, develop agreements with federal and state agencies to accomplish the purposes and
objectives of the state nonpoint source pollution control plan; and
(3) evaluate the effectiveness of programs in achieving water quality goals and recommend
to the legislature, under section 3.195, subdivision 1, any necessary amendments to sections
103F.701 to 103F.761.
History: 1990 c 391 art 6 s 90

103F.755 INTEGRATION OF DATA.
The data collected for the activities of the clean water partnership program that have common
value for natural resource planning must be provided and integrated into the Minnesota land
management information system's geographic and summary databases according to published data
compatibility guidelines. Costs associated with this data delivery must be borne by this activity.
History: 1990 c 391 art 6 s 91

103F.761 PUBLIC AGENCY COORDINATION.
    Subdivision 1. Project coordination team; membership. The commissioner shall establish
and chair a project coordination team made up of representatives of the Pollution Control Agency,
Department of Natural Resources, Board of Water and Soil Resources, Department of Agriculture,
Department of Health, Minnesota Extension Service, University of Minnesota agricultural
experiment stations, United States Army Corps of Engineers, United States Environmental
Protection Agency, United States Department of Agriculture Agricultural Stabilization and
Conservation Service, United States Department of Agriculture Soil Conservation Service,
Metropolitan Council, Association of Minnesota Counties, League of Minnesota Cities,
Minnesota Association of Townships, and other agencies as the commissioner may determine.
    Subd. 2. Duties. (a) The project coordination team shall advise the agency in preparation
of rules, evaluate projects, and recommend to the commissioner those projects that the team
believes should receive financial or technical assistance or both from the agency. After approval
of assistance for a project by the agency, the team shall review project activities and assist in the
coordination of the state program with other state and federal resource management programs.
(b) For state agencies or departments receiving funding under section 446A.07, subdivision
6 , the project coordination team shall provide guidance for the allocation of water pollution
control fund nonpoint source pollution funding with consideration to statewide environmental
priorities including priorities for types of projects and geographic or watershed priorities. A
subcommittee of the project coordination team will be formed for each of the separate funding
areas under section 446A.07, subdivision 6, and shall be chaired by the appropriate lead state
agency or department. Each subcommittee shall evaluate and rank projects within its area with
consideration given to the guidance provided by the project coordination team.
History: 1990 c 391 art 6 s 92; 1991 c 345 art 2 s 15; 1994 c 632 art 2 s 29

LAKE PRESERVATION AND PROTECTION

103F.801 COUNTY LAKE IMPROVEMENT PROGRAM.
    Subdivision 1. Lake improvement program established. To preserve and protect lakes
and to increase and enhance the use and enjoyment of lakes, a statewide lake improvement
program is established to:
(1) preserve the natural character of lakes and their shoreland environment as feasible and
practical;
(2) improve the quality of water in lakes;
(3) provide for reasonable assurance of water quantity in lakes, where feasible and
practicable; and
(4) assure protection of the lakes from the detrimental effects of human activities and
certain natural processes.
    Subd. 2. Authority. (a) A county board of a county has the authority given in this section
with respect to bodies of water located entirely or partially within the boundaries of the county
and not situated entirely within the boundaries of a single city or lake conservation district
established by law.
(b) After approval by an affected city or lake conservation district, a county board may
assume and exercise the authority given in this section with respect to bodies of water located
entirely or partially within the city or lake conservation district.
(c) Programs undertaken pursuant to the authority given in this section must be consistent
with the statewide water and related land resources plan prepared under the direction of the
commissioner of natural resources and with regional water and related resources plans.
(d) A body of water may not be improved under this section unless the public has access to
some portion of the shoreline of the body of water.
    Subd. 3. Powers. The county boards shall have power to:
(1) acquire, in the name of the county, by gift or purchase or by condemnation under chapter
117, an existing dam or control works that may affect the level of waters;
(2) construct and operate water control structures if approved by the commissioner of natural
resources under sections 103G.245 and 103G.405;
(3) undertake projects to change the course current or cross section of public waters if
approved by the commissioner of natural resources under sections 103G.245 and 103G.405;
(4) improve navigation and to acquire by gift or purchase land, equipment, or other facilities
to improve navigation;
(5) contract with a board of managers of a watershed district within the county or the board
of supervisors of a soil and water conservation district within the county for improvements under
chapters 103C and 103D;
(6) undertake research to determine the condition and development of the body of water and
the water entering it and to transmit these studies to the Pollution Control Agency and other
interested authorities;
(7) conduct a program of water improvement and conservation;
(8) develop and implement the comprehensive plan to eliminate water pollution, provided
that construction of any water, sewer, or water and sewer system shall be undertaken in the
manner provided by section 444.075 or other applicable laws and not under this section;
(9) receive financial assistance from and join in projects or enter into contracts with federal
and state agencies for the study and treatment of related pollution problems and demonstration
programs;
(10) maintain public beaches, public docks, and other public facilities for access to a body
of water;
(11) make cooperative agreements with the United States or state government or another
county or city to implement the provisions of this section; and
(12) require projects to change the course, current, or cross-section of public waters within
unincorporated areas to be approved by the county board before submitting an application for a
permit to the commissioner as required by sections 103G.245 and 103G.405.
    Subd. 4. Funding. (a) The county board may appropriate money from the general revenue
fund of the county to implement this section and sections 103B.505 to 103B.581.
(b) The county board may apply for, receive, and disburse federal funds made available to
the county by federal law or rules for any purpose related to the powers and duties of the county
board. The county board shall comply with requirements of federal law to apply for, receive,
and disburse the funds.
(c) The county board may accept any donations or grants from any public or private concern.
The funds received by the county board must be deposited in the county treasury and appropriated
for the purpose for which it was received.
    Subd. 5. Tax levies. The county board may levy taxes to implement authority for water
surface use regulation, lake improvement programs, and lake improvement districts on all
taxable property within the county, which may be in addition to any amounts levied within a
lake improvement district.
History: 1990 c 391 art 6 s 93

103F.805 STATE AID FOR LAKE IMPROVEMENTS.
(a) The commissioner of natural resources, with the help of the Pollution Control Agency
and the commissioner of employment and economic development, must:
(1) assess the need for particular kinds of lake improvements, including improvements
related to high or low water levels and any other resource management considerations, except
pollution problems; and
(2) develop criteria for allocating state aid funds among proposed projects.
(b) The assessment must include provisions to ensure that any federal program of aid to local
lake improvement projects reduces the local share of project costs and not only the state's share.
History: 1990 c 391 art 6 s 94; 1Sp2003 c 4 s 1

103F.806 [No local approval filed]

103F.807 [No local approval filed]

103F.808 [No local approval filed]

103F.809 [No local approval filed]

103F.810 [No local approval filed]

103F.811 [No local approval filed]

WETLAND ESTABLISHMENT AND RESTORATION PROGRAM

103F.901 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 103F.901 to
103F.905.
    Subd. 2. Board. "Board" means the Board of Water and Soil Resources.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 4. Comprehensive local water plan. "Comprehensive local water plan" has the
meaning given in section 103B.3363, subdivision 3.
    Subd. 5. Local unit of government. "Local unit of government" means a county board, joint
county board, watershed management organization, or watershed district.
    Subd. 6. Watershed district. "Watershed district" means a district established under chapter
103D.
    Subd. 7. Watershed management organization. "Watershed management organization"
has the meaning given in section 103B.205, subdivision 13.
    Subd. 8. Wetland. "Wetland" has the meaning given in section 103G.005, subdivision 19.
History: 1991 c 354 art 5 s 1

103F.902 LOCAL PLANNING AND APPROVAL.
    Subdivision 1. Application. A willing landowner may apply, on forms provided by the
board, to a local unit of government for the establishment or restoration of a wetland on property
owned by the landowner in an area that is:
(1) designated by the board as a high priority wetland region; and
(2) identified as a high priority wetland area in the local unit of government's comprehensive
local water plan.
    Subd. 2. Notice and preliminary hearing. (a) Within 30 days after receiving an application,
the local unit of government shall hold a public hearing. At least ten days before the hearing, the
local unit of government shall give notice of the hearing to the applicant and publish notice in an
official newspaper of general circulation in the county.
(b) At the hearing, the local unit of government shall describe the application and hear
comments from interested persons regarding the application and the planned establishment or
restoration project.
    Subd. 3. Preliminary approval. Within 30 days of the public hearing, the local unit of
government must give preliminary approval or disapproval of the application.
    Subd. 4. Survey report. After preliminary approval, the local unit of government shall
direct and pay the costs of a soil and water conservation engineer to conduct a survey of the
property where the wetland restoration or establishment project is proposed to be located. The
engineer must file a report, including a map of the proposed wetland, that describes the effects of
the proposed wetland on:
(1) the hydrology in the area;
(2) property of persons other than the applicant;
(3) groundwater recharge;
(4) flooding;
(5) fish and wildlife habitat;
(6) water quality; and
(7) other characteristics as determined by the local unit of government.
    Subd. 5. Notice and final hearing. Within 30 days of receiving the completed survey, the
local unit of government shall hold a public hearing on the proposed project. At least ten days
before the hearing, the local unit of government shall notify the landowner and the commissioner
and provide public notice of the hearing and the availability of the survey report in an official
newspaper of general circulation in the county. The commissioner may provide comment on
the proposed wetland.
    Subd. 6. Final local approval. Within 30 days of the public hearing, the local unit of
government shall notify the applicant and the commissioner of the final approval or disapproval
of the proposed wetland.
History: 1991 c 354 art 5 s 2

103F.903 WETLAND ESTABLISHMENT AND RESTORATION COST-SHARE
PROGRAM.
    Subdivision 1. Application. A local unit of government shall apply to the board to receive
cost-share funding for a proposed wetland restoration project that receives final local approval
under section 103F.902. The application must include a copy of the survey report and any
comments received on the proposed wetland. Within 30 days of receiving an application, the
board shall notify the local unit of government on whether the application and survey report are
complete.
    Subd. 2. Cost-share. The board may provide up to the lesser of $20,000 or 50 percent of the
cost of a wetland establishment or restoration project, including engineering costs, establishment
or restoration costs, and compensation costs.
    Subd. 3. Conservation easement. In exchange for cost-share financing under subdivision
2, the board shall acquire a permanent conservation easement, as defined in section 84C.01,
paragraph (1) . The easement agreement must contain the conditions listed in section 103F.515,
subdivision 4 .
    Subd. 4. Priorities. In reviewing requests from local units of government under this section,
the board must give priority to applications based on the public value of the proposed wetland.
The public value of the wetland must include the value of the wetland for:
(1) water quality;
(2) flood protection;
(3) recreation including fish and wildlife habitat;
(4) groundwater recharge; and
(5) other public uses.
History: 1991 c 354 art 5 s 3

103F.904 WETLAND ESTABLISHMENT.
    Subdivision 1. Establishment order. After receiving approval of cost-share funding from
the board, the local unit of government shall order the establishment or restoration of the wetland.
The local unit of government shall pay all costs of establishing or restoring the wetland including
the compensation required under subdivision 2.
    Subd. 2. Compensation. In exchange for the permanent conservation easement on an
established or restored wetland, the local unit of government shall pay the applicant the amount
required under section 103F.515, subdivision 6, for a permanent conservation easement.
History: 1991 c 354 art 5 s 4

103F.905 RULES.
The board may adopt rules to implement sections 103F.901 to 103F.904.
History: 1991 c 354 art 5 s 5

BEAVER DAMAGE CONTROL GRANTS

103F.950 BEAVER DAMAGE CONTROL GRANTS.
    Subdivision 1. Establishment. The Board of Water and Soil Resources shall establish
a beaver damage control grant program to provide grants for the control of beaver activities
causing damage to public waters, roads, and ditches and adjacent private property. The grants
may be made to:
(1) a joint powers board established under section 471.59 by two or more governmental units;
(2) soil and water conservation districts; and
(3) Indian tribal governments.
    Subd. 2. Grant amount. The board may provide up to 50 percent of the costs of
implementing a beaver damage control program by a joint powers board.
    Subd. 3. Awarding of grants. Applications for grants must be made to the board on forms
prescribed by the board. The board shall consult with town supervisors and county commissioners
representing different areas of the state in developing the application form. A joint powers board
seeking a grant may be required to supply information on the beaver control program it has
adopted, the extent of the problem in the geographic area covered by the joint powers agreement,
and the ability of the joint powers board to match the state grant. The board may prioritize the
grant applications based upon the information requested as part of the grant application.
    Subd. 4. Report. (a) Within one year after receiving a grant under this section, a joint powers
board must report to the Board of Water and Soil Resources on the joint powers board's efforts to
control beaver in the area.
(b) By December 15 of each even-numbered year, the board shall report to the senate and
house environment and natural resources policy and finance committees on the efforts under this
section to control beaver.
History: 1Sp2005 c 1 art 2 s 120