103G.615 PERMITS TO HARVEST OR DESTROY AQUATIC PLANTS.
Subdivision 1. Authorization.
(a) The commissioner may issue permits, with or without
a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters under
prescribed conditions to protect the waters, desirable species of fish, vegetation, other forms of
aquatic life, and the public.
(b) Application for a permit must be accompanied by a permit fee, if required.
Subd. 2. Fees.
(a) The commissioner shall establish a fee schedule for permits to control or
harvest aquatic plants other than wild rice. The fees must be set by rule, and section
does not apply. The fees may not exceed $750 per permit based upon the cost of receiving,
processing, analyzing, and issuing the permit, and additional costs incurred after the application to
inspect and monitor the activities authorized by the permit, and enforce aquatic plant management
rules and permit requirements.
(b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each
contiguous parcel of shoreline owned by an owner. This fee may not be charged for permits issued
in connection with purple loosestrife control or lakewide Eurasian water milfoil control programs.
(c) A fee may not be charged to the state or a federal governmental agency applying for
(d) The money received for the permits under this subdivision shall be deposited in the
treasury and credited to the water recreation account.
Subd. 3. Permit standards.
The commissioner shall, by rule, prescribe standards to issue
and deny permits under this section. The standards must ensure that aquatic plant control is
consistent with shoreland conservation ordinances, lake management plans and programs, and
wild and scenic river plans.
Subd. 4. Enforcement authority and restoration requirements.
(a) The commissioner may
make findings and issue an order to a person to stop the illegal gathering, harvesting, planting or
transplanting, or destroying of aquatic vegetation or organisms in public waters.
(b) In the same or a separate findings and order, the commissioner may require restoration
or replacement of any emergent or floating leaf aquatic vegetation lost as a result of the illegal
activities, to the condition existing before the illegal activities were undertaken. An order for
restoration or replacement must state with specificity the work that is necessary to comply with
the order and must specify a date by which the work must be completed.
(c) The person or entity to whom the order is issued may request a review of the order
by the commissioner within 30 days of receipt of written notice by filing a written request for
review. If the written request is not submitted within 30 days, the restoration or replacement order
becomes final. The commissioner shall review the request and supporting evidence and render a
decision within 60 days of the request for review.
(d) If the person or entity wishes to appeal the decision of the commissioner after review
under paragraph (c), a written request must be filed with the commissioner within 30 days for a
contested case hearing under chapter 14. A bond, as provided in subdivision 5, must accompany
the demand for a hearing. The bond and demand for hearing must be filed 30 days after the person
is served with a copy of the decision of the commissioner on review.
(e) If the person or entity to whom the decision of the commissioner on review is addressed
does not demand a contested case hearing under chapter 14 or demands a hearing but fails to
file the required bond:
(1) the commissioner's order becomes final at the end of 30 days after the person is served
with the decision of the commissioner on review; and
(2) the person may not appeal the order.
Subd. 5. Bond for demanding public hearing.
(a) A person or entity filing a demand for a
public hearing, under subdivision 4, must execute and file a corporate surety bond or equivalent
security to the state of Minnesota, to be approved by the commissioner and in an amount and
form determined by the commissioner. The bond or security must be conditioned to pay the costs
of the hearing to the extent described in subdivision 6 if the commissioner's findings and order
are affirmed without material modification.
(b) A bond or security is not required of a public authority that demands a public hearing.
(c) The commissioner may waive the requirement for a bond or other security.
Subd. 6. Hearing costs.
(a) Except as provided in paragraph (b), the costs of a hearing must
be paid as prescribed by chapter 14 and the chief administrative law judge.
(b) If the commissioner's order is affirmed without material modification, the appellant must
pay the following costs, up to $750:
(1) costs of the stenographic record and transcript; and
(2) rental costs, if any, of the place where the hearing is held.
Subd. 7. Misdemeanor.
A violation of an order issued under this section is a misdemeanor.
History: 1990 c 391 art 7 s 62; 1992 c 462 s 18; 1993 c 235 s 4; 2002 c 351 s 25-28; 2003
c 128 art 1 s 119; 2004 c 255 s 42; 1Sp2005 c 1 art 2 s 123