Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
473H.16 CONSERVATION.
Subdivision 1. Unsound conservation practices described. Land within an agricultural
preserve shall be farmed and otherwise managed according to sound soil and water conservation
management practices. Management practices which are not sound shall be any use of the land
resulting in wind or water erosion in excess of the soil loss tolerance for each soil type as found in
the United States Soil Conservation Service, Minnesota Technical Guide.
Subd. 2. Enforcement. The authority shall be responsible for enforcing this section. Upon
receipt of a written complaint stating the conditions or land management practices which are
believed to be in violation of this section, the authority shall consult with the county soil and
water conservation district. The district shall determine the average soil loss in tons per acre per
year for each field cited in the complaint according to the universal soil loss equation and the
wind erosion equation, and shall return to the authority a report showing the average soil loss
in tons per acre per year for each field and a list of alternative practices that the landowner can
use to reduce the soil loss to the limit allowed in subdivision 1. After consultation, and if in the
judgment of the authority the land is not being managed properly as required by this section, the
authority shall adopt a resolution to this effect and shall seek corrective measures from the owner.
At the request of the landowner, the district shall assist in the planning, design and application of
the practices selected to reduce the soil loss to an acceptable level and shall give such landowners
a high priority for providing technical and cost share assistance.
Subd. 3. Civil penalty. Any owner who fails to implement corrective measures to the
satisfaction of the authority within one year of notice from the authority shall be subject to a civil
penalty of not more than $1,000. The authority may recover the penalty by a civil action in
a court of competent jurisdiction.
Subd. 4. Costs. Costs incurred by the authority in the enforcement of this section may
be charged to the property owner. Charges not timely paid may be placed on the tax rolls and
collected as a special assessment against the property.
History: 1980 c 566 s 16; 1982 c 523 art 32 s 13
Subdivision 1. Unsound conservation practices described. Land within an agricultural
preserve shall be farmed and otherwise managed according to sound soil and water conservation
management practices. Management practices which are not sound shall be any use of the land
resulting in wind or water erosion in excess of the soil loss tolerance for each soil type as found in
the United States Soil Conservation Service, Minnesota Technical Guide.
Subd. 2. Enforcement. The authority shall be responsible for enforcing this section. Upon
receipt of a written complaint stating the conditions or land management practices which are
believed to be in violation of this section, the authority shall consult with the county soil and
water conservation district. The district shall determine the average soil loss in tons per acre per
year for each field cited in the complaint according to the universal soil loss equation and the
wind erosion equation, and shall return to the authority a report showing the average soil loss
in tons per acre per year for each field and a list of alternative practices that the landowner can
use to reduce the soil loss to the limit allowed in subdivision 1. After consultation, and if in the
judgment of the authority the land is not being managed properly as required by this section, the
authority shall adopt a resolution to this effect and shall seek corrective measures from the owner.
At the request of the landowner, the district shall assist in the planning, design and application of
the practices selected to reduce the soil loss to an acceptable level and shall give such landowners
a high priority for providing technical and cost share assistance.
Subd. 3. Civil penalty. Any owner who fails to implement corrective measures to the
satisfaction of the authority within one year of notice from the authority shall be subject to a civil
penalty of not more than $1,000. The authority may recover the penalty by a civil action in
a court of competent jurisdiction.
Subd. 4. Costs. Costs incurred by the authority in the enforcement of this section may
be charged to the property owner. Charges not timely paid may be placed on the tax rolls and
collected as a special assessment against the property.
History: 1980 c 566 s 16; 1982 c 523 art 32 s 13
Official Publication of the State of Minnesota
Revisor of Statutes