2006 Minnesota Statutes

103G.301 GENERAL PERMIT APPLICATION PROCEDURES.
    Subdivision 1. Application documentation. (a) An application for a permit must be
accompanied by:
(1) maps, plans, and specifications describing the proposed appropriation and use of waters;
(2) the changes, additions, repairs, or abandonment proposed to be made;
(3) the waters of the state affected; and
(4) other data the commissioner may require.
(b) The commissioner may require a statement of the effect the actions proposed in the
permit application will have on the environment, including:
(1) anticipated changes in water and related land resources;
(2) unavoidable but anticipated detrimental effects; and
(3) alternatives to the actions proposed in the permit application, including conservation
measures to improve water use efficiencies and reduce water demand.
    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized under
this chapter and for each request to amend or transfer an existing permit.
(b) The fee to apply for a permit to appropriate water, a permit to construct or repair a dam
that is subject to dam safety inspection, or a state general permit or to apply for the state water
bank program is $150. The application fee for a permit to work in public waters or to divert
waters for mining must be at least $150, but not more than $1,000, according to a schedule of fees
adopted under section 16A.1285.
    Subd. 3. Field inspection fees. (a) In addition to the application fee, the commissioner
may charge a field inspection fee for:
(1) projects requiring a mandatory environmental assessment under chapter 116D;
(2) projects undertaken without a required permit or application; and
(3) projects undertaken in excess of limitations established in an issued permit.
(b) The fee must be at least $100 but not more than actual inspection costs.
(c) The fee is to cover actual costs related to a permit applied for under this chapter or for a
project undertaken without proper authorization.
(d) The commissioner shall establish a schedule of field inspection fees under section
16A.1285. The schedule must include actual costs related to field inspection, including
investigations of the area affected by the proposed activity, analysis of the proposed activity,
consultant services, and subsequent monitoring, if any, of the activity authorized by the permit.
    Subd. 4. Refund of fees prohibited. A permit application or field inspection fee may not be
refunded for any reason, even if the application is denied or withdrawn.
    Subd. 5. State and federal agencies exempt from fee. A permit application or field
inspection fee may not be imposed on any state agency, as defined in section 16B.01, or federal
governmental agency applying for a permit.
    Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no permit
application or field inspection fee charged to a town in connection with the construction or
alteration of a town road, bridge, or culvert shall exceed $100.
    Subd. 6. Filing application. (a) An application for a permit must be filed with the
commissioner and if the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation district, a
copy of the application with maps, plans, and specifications must be served on the mayor of the
municipality, the secretary of the board of managers of the watershed district, and the secretary of
the board of supervisors of the soil and water conservation district.
(b) If the application is required to be served on a local governmental unit under this
subdivision, proof of service must be included with the application and filed with the
commissioner.
    Subd. 7. Recommendation of local units of government. (a) If the proposed activity for
which the permit is requested is within a municipality, or is within or affects a watershed district
or a soil and water conservation district, the commissioner may obtain a written recommendation
of the managers of the district and the board of supervisors of the soil and water conservation
district or the mayor of the municipality before issuing or denying the permit.
(b) The managers, supervisors, or mayor must file a recommendation within 30 days after
receiving of a copy of the application for permit.
History: 1990 c 391 art 7 s 34; 1991 c 298 art 4 s 1; 1993 c 186 s 7; 1995 c 218 s 13; 1996 c
305 art 3 s 10,11; 1999 c 250 art 3 s 9; 2001 c 160 s 4; 2005 c 138 s 5; 1Sp2005 c 1 art 2 s 122