5.b State Buffer Law Shoreland OrdinanceMemorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Reference: New State Buffer Law and
Shoreland Ordinance
Project No.: 16023.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: November 23. 2016
Background
Minnesota adopted a new state-wide buffer law in June, 2015—Minnesota Statutes 103F.48.
The law requires a 50 -foot perennial vegetative buffer along public waters. This includes all
lakes, wetlands, and streams on the State's Public Waters list. The Public Waters in Scandia
are listed in the Shoreland Management Ordinance (Ordinance 107, available on the City's
website).
The Washington Conservation District (WCD) recently sent a letter to all properties affected by
the new buffer law to inform them about the law and provide technical assistance to landowners
to help them to comply with the law's requirements. The new buffer law requires the WCD to
provide a list of public waters where the buffer law applies to watershed districts, and requires
each local watershed district to adopt the list of watercourses affected by the law in its
comprehensive watershed management plan and adopt provisions to implement the buffer law.
The law requires the WCD to provide assistance to landowners to implement the law, and
requires counties and watershed districts to enforce the buffer requirements.
City Role
The Minnesota DNR has provided guidance to cities and counties regarding current buffer
standards and how to update local Shoreland Ordinances to incorporate the new buffer law
requirements. The guidance information is attached.
Current Ordinance. Scandia's Shoreland Ordinance currently requires the following:
• Minimum "buffer strips" of 50 feet on Natural Environment lakes, streams, and type 3, 4
and 5 wetlands. (Most other lakes can be included in Type 4 and 5 wetland
classifications, but this may not be clear to property owners reading the ordinance.) The
ordinance permits some variability in buffer width in order to protect valuable habitat.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.cam
TKDA
Memorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Reference: New State Buffer Law and
Shoreland Ordinance
Project No.: 16023.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: November 23. 2016
Background
Minnesota adopted a new state-wide buffer law in June, 2015—Minnesota Statutes 103F.48.
The law requires a 50 -foot perennial vegetative buffer along public waters. This includes all
lakes, wetlands, and streams on the State's Public Waters list. The Public Waters in Scandia
are listed in the Shoreland Management Ordinance (Ordinance 107, available on the City's
website).
The Washington Conservation District (WCD) recently sent a letter to all properties affected by
the new buffer law to inform them about the law and provide technical assistance to landowners
to help them to comply with the law's requirements. The new buffer law requires the WCD to
provide a list of public waters where the buffer law applies to watershed districts, and requires
each local watershed district to adopt the list of watercourses affected by the law in its
comprehensive watershed management plan and adopt provisions to implement the buffer law.
The law requires the WCD to provide assistance to landowners to implement the law, and
requires counties and watershed districts to enforce the buffer requirements.
City Role
The Minnesota DNR has provided guidance to cities and counties regarding current buffer
standards and how to update local Shoreland Ordinances to incorporate the new buffer law
requirements. The guidance information is attached.
Current Ordinance. Scandia's Shoreland Ordinance currently requires the following:
• Minimum "buffer strips" of 50 feet on Natural Environment lakes, streams, and type 3, 4
and 5 wetlands. (Most other lakes can be included in Type 4 and 5 wetland
classifications, but this may not be clear to property owners reading the ordinance.) The
ordinance permits some variability in buffer width in order to protect valuable habitat.
An employee owned company promoting affirmative action and equal opportunity
Buffer Law and Shoreland Ordinance Page 2 December 6, 2016
Scandia Planning Commission
• The city's ordinance defines buffer strip as "undisturbed strip of land adjacent to
shorelines and wetlands consisting of native or existing vegetation." The new law
defines "buffer" as "an area consisting of perennial vegetation, excluding invasive plants
and noxious weeds, adjacent to all bodies of water within the state and that protects the
water resources of the state from runoff pollution; stabilizes soils, shores, and banks;
and protects or provides riparian corridors."
• The ordinance requires a 75' setback from other waterbodies that are not classified as
public waters—the setback requirement does not include a buffer requirement.
Ordinance Update. The current Shoreland Ordinance could be updated to meet the
requirements of the new buffer law. This could include:
• Replace the Buffer Strip requirements in Section 9.4 with a statement that says that
parcels in the Shoreland District shall comply with Minnesota Statutes 103F.48 or
successor statutes and with local Watershed District buffer requirements.
• Replace the "buffer strip" definition with the "buffer" definition in the statute.
• Maintains the current requirement that buildings be setback at least 10 feet from the
outer edge of the buffer. (This allows for construction & maintenance of buildings without
impacting the buffer.)
• Adds the DNR's recommended update language regarding agricultural land uses.
The City could then include a condition for zoning applications in Shoreland areas that they
comply with the buffer requirements in Minnesota Statutes 103F.48. The watershed districts
would enforce this requirement based on the language in the statute.
The ordinance update could also include the change to the Agriculture use to not that Land
Spreading/Land Application of Solid Waste is not permitted in Shoreland areas.
Relationship to Watershed District Buffer Requirements
Section 9.4 Buffer Strips in the City's Shoreland Ordinance has been little -used in recent years
because 1) the Watershed Districts' Buffer rules apply to more water bodies, and require buffer
areas that are at least as wide if not wider than those included in the Shoreland Ordinance, and
2) the City has preferred that the Watershed Districts enforce their buffer requirements because
they have the rules, permit process and staff to do that. For example, water resources such as
Zavoral Creek are not classified as public waters, so they are not governed by the new rules,
but the Carnelian -Marine St. Croix Watershed District does have rules that require buffer areas
for all ground -water dependent resources such as Zavoral Creek.
The changes proposed in the section above would not change the Watershed District
requirements, and the new State Buffer Law identifies the Watershed Districts as the authority
that would enforce the Buffer Law for Public Waters. The District rules for buffer areas would
also still apply on resources that are not included in the list of Public Waters. Changing the
City's ordinance as suggested by the DNR would do the following:
• Adopt the new Buffer Law definition for buffers and requirements for agricultural uses.
• Take out the City's old buffer rules in section 9.4 that are no longer used.
• Alert those using the ordinance to the state and watershed district standards as the
applicable standards.
• Maintain the required building setback from the outer edge of the buffer.
Neil has invited Jim Shaver of the Carnelian -Marine St. Croix Watershed District to attend the
Planning Commission meeting to discuss this issue.
I
WASHINGTON
ONSERVATION
I S T R I C T
November 16, 2016
«First Name owner» ((Last—Name))
«Street»
((City)), «State» «Zip_Code»
Dear cFirst_Name_owner» «Last_Name»,
4 5 5 HAYWARD AVE N
O A K D A L E, MN 55 1 2 8
651 330-8220 1PHONE1
6 5 1- 3 3 0- 7 7 4 7 1 F A X i
W W W. M N W C D. 0 R G
More information on the buffer
initiative can be found here:
www.bwsr.state.mn.us/buffers
The Washington Conservation District (WCD) values the relationships we have built with landowners over the
years and we seek to continue to grow those great relationships. We know when it comes to protecting
Minnesota's waters for future generations we are all on the same team and can work effectively together.
You are receiving this letter because your property touches a lake, river, stream, drainageway, or public ditch in
Washington County and may require a buffer or alternative practice to meet the requirements of Minnesota's
new buffer law, signed by the Governor in June 2015. This law requires a 50 -ft perennial vegetative buffer along
public waters (lakes and watercourses) and 16.5 ft on public ditches. In July 2016, the Minnesota Department of
Natural Resources published the official buffer map(http://arcgis.dnr.state.mn.us/gis/buffersviewer).
To help you meet the buffer requirements, WCD offers free site visits with you and/or your renter(s) to:
1. Determine if appropriate buffers are already in place;
2. Provide technical assistance to identify, stake, and verify the boundaries for new vegetative buffers;
3. Discuss approved alternative practices that could be used to meet the requirements of the law.
In the early phases of this program (2016 and 2017), grants may be available through the Conservation Reserve
Program or other cost -share programs. Additional funds may be available for projects that incorporate native
plants. Also, landowners who become certified under the Department of Agriculture's Minnesota Agricultural
Water Quality Certification Program (www.mda.state.mn.us/awgcp) will meet the rules of the law.
Enclosed is an aerial photograph illustrating the area of your property that may require action. Working with us
is voluntary, but you are required to satisfy buffer requirements by the law deadlines. To learn more or schedule
a site visit, please contact me at 651-330-8220 (ext. 20) or iris@mnwcd.or. We look forward to working with
you to accomplish our common goals of protecting Minnesota waters and assuring agriculture remains healthy
and innovative in our state. If you are an absentee landowner, please share this letter with your renter(s).
Sincerely,
Jay Riggs, District Manager
Washington Conservation District
AS H I N GTO N
ONSERVATION
?
ISTRICT
November 16, 2016
aFirst_Name_ownem aLast_Name»
«Street»
((City)), «State» <cZip_Codeu
Dear eFirst_Name_owner» aLast_Name»,
4 5 5 H A Y W A R D AVE N
OAKDALE, MN 55128
6 5 1- 3 3 0- 8 2 2 0 1 P H 0 N E I
651-330-7747 I FAX I
W W W. M N W C D. O R G
More information on the buffer
initiative can be found here:
www.bwsr.state.mn.us/buffers
The Washington Conservation District (WCD) values the relationships we have built with landowners over the
years and we seek to continue to grow those great relationships. We know when it comes to protecting
Minnesota's waters for future generations we area I Ion the same team and can work effectively together.
You are receiving this letter because your property touches a lake, river, stream, drainageway, or public ditch in
Washington County and may require a buffer or alternative practice to meet the requirements of Minnesota's
new buffer law, signed by the Governor in June 2015. This law requires a 50 -ft perennial vegetative buffer along •
public waters (lakes and watercourses) and 16.5 ft on public ditches. In July 2016, the Minnesota Department of
Natural Resources published the official buffer map(http://arcgis.dnr.state.mn.us/gis/buffersviewer).
To help you meet the buffer requirements, WCD offers free site visits with you and/or your renter(s) to:
1. Determine if appropriate buffers are already in place;
2. Provide technical assistance to identify, stake, and verify the boundaries for new vegetative buffers;
3. Discuss approved alternative practices that could be used to meet the requirements of the law.
In the early phases of this program (2016 and 2017), grants may be available through the Conservation Reserve
Program or other cost -share programs. Additional funds may be available for projects that incorporate native
plants. Also, landowners who become certified underthe Department of Agriculture's Minnesota Agricultural
Water Quality Certification Program (www.mda.state.mn.us/awgcp) will meet the rules of the law.
Enclosed is an aerial photograph illustrating the area of your propertythat may require action. Working with us
is voluntary, but you are required to satisfy buffer requirements by the law deadlines. To learn more or schedule
a site visit; please contact me at 651-330-8220 (ext. 20) or Triggs@mnwcd.org. We look forward to working with
you to accomplish our common goals of protecting Minnesota waters and assuring agriculture remains healthy
and innovative in our state. If you are an absentee landowner, please share this letter with your renter(s).
Sincerely,
Jay Riggs, District Manager
Washington Conservation District
Buffer Law & Shoreland Standards — Which is stricter?
This table is intended to help local governments determine which buffer width standards are stricter
under MS §103F.48, Subd. 3(a)(1)(i)-(ii) and therefore applicable:
• the 50' average/30' minimum in the law (i), or
• shoreland requirements under Minnesota Rules, chapter 6120 (ii).
Location
Buffer Law (MS
Shoreland (SL) Rules
Stricter/Applicable
103F.48)
(sewered/nonsewered)
Ag Areas — parcels with
permitted agricultural land uses.
Ag areas —all public
50' average/30' min
50' min
SL rules, unless local SL
waters with SL
ordinance amended to
classifications,
adopt 50' average/30'
regardless of
min standard in buffer
classification
law, and approved by
DNR.*
(DNR would consider
this to be compliant
with SL rules.)
*Under the SL rules, alternatives to permanent vegetation in the shore impact zone are allowed IF approved by the SWCD
under a conservation plan (Resource Management ISy5lteTs). Under the buffer law, alternative riparian water quality
dnd rMfiagement based on the NRCS Field Office Technical
practice, or combination of structural, vegetative,ll practices,
iI Guide or other practices approved by the board, thatiprovidel quality protection comparable to the buffer protection
Iter
for the water body that the property abuts is allowea.� ! �II�, i
Non Ag Areas '= lots and parcels with permitted residential, commercial, and industrial land uses.
General Development
11
SOfa�erage/30' min III
25'I
sewered/137i 5' non-
Buffer law for both
(GD) Lakes
ellWielred'11
sewered and non-
ih
1715'
sewered**
Recreational ',
SO aurage/30^
g ILl
MY
sewered/50' non-
Buffer law for sewered,
Development(RD)
1,
sewlered
SL rules for
Lakes
nonsewered**
Natural Environment
50' average/3& mi
75' sewered/75' non-
SL rules**
(NE) Lakes
sewered
Urban, Agricultural, & ,
50' average/30' min
25' sewered/50' non-
Buffer law for sewered,
Tributary Rivers
sewered
SL rules for
nonsewered**
Transition & Forested
50` average/30' min
75'
SL rules**
Rivers
Remote Rivers
50' average/30' min
100'
SL rules**
**Unless the area is regulated under an NPDES/SDS permit in which case the local SL ordinance (or other water resources
riparian protection consistent with the SL rules) applies under 103F48, Subd. 5, item (4).
Furthermore, land within the required buffer area that is covered by the facilities and structures listed under 103F.48, Subd.
S, items (2) and (3) is exempt from the buffer requirements provided the facilities and structures are constructed consistent
with the local SL ordinance or statewide SL rules if there is no local SL ordinance (see Figure 1).
DNR Division of Ecological & Water Resources, Drafted May 5, 2016
ItAmending a Shoreland Ordinance for Consistency with Minnesota's
Buffer Law (MS §103F.48) — For Permitted Agricultural Uses
MNDNR
If a community's shoreland ordinance currently requires a 50 -foot or greater buffer on parcels with
permitted agricultural uses, the community can keep this standard or amend its ordinance to be
consistent with the 30' minimum/50' average in the buffer law (MS §103F.48). The Minnesota
Department of Natural Resources (DNR) finds an amendment like this to be substantially compliant with
the statewide shoreland rules. There are two steps for amending a shoreland ordinance, each explained
in more detail in this document:
1) amending the ordinance text, and
2) receiving DNR approval of the proposed amendment.
Note: The DNR and the Board of Water and Soil Resources (BWSR) are working jointly to develop a
comprehensive package of guidance and model ordinance language for implementing the buffer law.
The intent is to provide communities with a menu of implementation options and model language that is
simple, consistent, and complies with state law on buffers, shorelands, and public ditches. This
comprehensive package will be available in early 2017. Check with your board conservationist or the
BWSR website for more information.
Step 1: Amending the Ordinance Text — Model Language
The DNR will accept the following model language as being substantially compliant with the statewide
shoreland rules. Additions and deletions shown are to language in Minnesota Rule, part 6120.3300,
Su bp.7:
A. The shore impact zone for parcels with permitted agricultural land uses is equal to G One
.r„n„i to ,..,a cn f et an area with a 50 -foot average width and a 30 -foot minimum width,
as measured from the ordinary high water level if identified, or the top or crown of bank or
normal water level as provided in Minnesota Statutes, section 103F.48, subd. 3(c), whichever
is applicable.
B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and
wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are
maintained in perennial peFmGneR vegetation or operated under an approved conservation
plan (Resource Management Systems) consistent with the field office technical guides of the
local soil and water conservation districts or the Natural Resource Conservation Service
4 '+„, c+,.+„Q �, " NG14 c, , as provided by a qualified individual or agency.
• This model language only affects agricultural land in shorelands. It does not affect land within a
designated Wild and Scenic River District or the National Lower St. Croix Riverway. Required buffers in
these areas may be more protective than the 50 -foot average/30-foot minimum and thus apply.
September 16, 2016
MINNESOTA STATUTES 2016 103F.48
103F.48 RIPARIAN PROTECTION AND WATER QUALITY PRACTICES.
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings
given them.
(b) "Board" means the Board of Water and Soil Resources.
(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants and noxious
weeds, adjacent to all bodies of water within the state and that protects the water resources of the state from
runoff pollution; stabilizes soils, shores, and banks; and protects or provides riparian corridors.
(d) "Buffer protection map" means buffer maps established and maintained by the commissioner of
natural resources.
(e) "Commissioner" means the commissioner of natural resources.
(f) "Executive director" means the executive director of the Board of Water and Soil Resources.
(g) "Local water management authority" means a watershed district, metropolitan water management
organization, or county operating separately or jointly in its role as local water management authority under
chapter 103B or 1031).
(h) "Normal water level" means the level evidenced by the long-term presence of surface water as
indicated directly by hydrophytic plants or hydric soils or indirectly determined via. hydrological models or
analysis.
(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term public waters
as used in this section applies to waters that are on the public waters inventory as provided in section
103G.201.
0) "With jurisdiction" means a board determination that the county or watershed district has adopted a
rule, ordinance, or official controls providing procedures for the issuance of administrative penalty orders,
enforcement, and appeals for purposes of this section and section 103B.101, subdivision 12a.
Salad. 2. Purpose. It is the policy of the state to establish riparian buffers and water quality practices to:
(1) protect state water resources from erosion and runoff pollution;
(2) stabilize soils, shores, and banks; and
(3) protect or provide riparian corridors.
Subd. 3. Water resources riparian protection requirements on public waters and public drainage
systems. (a) Except as provided in paragraph (b), landowners owning property adjacent to a water body
identified and mapped on abuffer protection map must maintain a buffer to protect the state's water resources
as follows:
(1) for all public waters, the more restrictive of:
(i) a 50 -foot average width, 30 -foot minimum width, continuous buffer of perennially rooted vegetation;
or
(ii) the state shoreland standards and criteria adopted by the commissioner under section 103F.211; and
Copyright (0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
103F.48 MINNESOTA STATUTES 2016
(2) for public drainage systems established under chapter 103E, a 16.5 -foot minimum width continuous
buffer as provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future
maintenance of the ditch.
(b) A landowner owning property adjacent to a water body identified in a buffer protection map and
whose property is used for cultivation farming may meet the requirements under paragraph (a) by adopting
an alternative riparian water quality practice, or combination of structural, vegetative, and management
practices, based on the Natural Resources Conservation Service Field Office Technical Guide or other
practices approved by the board, that provide water quality protection comparable to the buffer protection
for the water body that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource.
(c) The width of a buffer on public waters must be measured from the top or crown of the bank. Where
there is no defined bank, measurement must be from the edge of the normal water level. The width of the
buffer on public drainage systems must be measured as provided in section 103E.021, subdivision 1.
(d) Upon request by a landowner or authorized agent or operator of a landowner, a technical professional
employee or contractor of the soil and water conservation district or its delegate may issue a validation of
compliance with the requirements of this subdivision. The soil and water conservation district validation
may be appealed to the board as described in subdivision 9.
(e) Buffers or alternative water quality practices required under paragraph (a) or (b) must be in place
on or before:
(1) November 1, 2017, for public waters; and
(2) November 1, 2018, for public drainage systems.
(f) Nothing in this section limits the eligibility of a landowner or authorized agent or operator of a
landowner to participate in federal or state conservation programs, including enrolling or reenrolling in
federal conservation programs.
Subd. 4. Local water resources riparian protection. In consultation with local water management
authorities, on or before July 1, 2017, the soil and water conservation district shall develop, adopt, and submit
to each local water management authority within its boundary a summary of watercourses for inclusion in
the local water management authority's plan. A local water management authority that receives a summary
of watercourses identified under this subdivision must incorporate an addendum to its comprehensive local
water management plan or comprehensive watershed management plan to include the soil and water
conservation district recommendations by July 1, 2018. The incorporation to include the summary of
watercourses provided by the soil and water conservation district does not require a plan amendment as long
as a copy of the included information is distributed to all agencies, organizations, and individuals required
to receive a copy of the plan changes. A local water management authority that receives a summary of
watercourses identified under this subdivision must address implementation of the soil and water conservation
district recommendations when revising its comprehensive local water management plan as part of a regularly
scheduled update to its comprehensive local water management plan or development of a comprehensive
watershed management plan under section 103B.801.
Subd. 5. Exemptions. Land adjacent to waters subject to subdivision 3 is exempt from the water resource
protection requirements under subdivision 3, to the extent these exemptions are not inconsistent with the
requirements of the state shoreland rules adopted by the commissioner pursuant to section 103F.211, if it
is:
Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2016 103F.48
(1) enrolled in the federal Conservation Reserve Program;
(2) used as a public or private water access or recreational use area including stairways, landings, picnic
areas, access paths, beach and watercraft access areas, and permitted water -oriented structures as provided
in the shoreland model standards and criteria adopted pursuant to section 103F.211 or as provided for in an
approved local government shoreland ordinance;
(3) covered by a road, trail, building, or other structures; or
(4) regulated by a national pollutant discharge elimination system/state disposal system (NPDES/SDS)
permit under Minnesota Rules, chapter 7090, and provides water resources riparian protection, in any of the
following categories:
(i) municipal separate storm sewer system (MS4);
(ii) construction storm water (CSW); or
(iii) industrial storm water (ISW);
(5) part of a water -inundation cropping system; or
(6) in a temporary nonvegetated condition due to drainage tile installation and maintenance, alfalfa or
other perennial crop or plant seeding, or construction or conservation projects authorized by a federal, state,
or local government unit.
Subd. 6. Local implementation and assistance. (a) Soil and water conservation districts must assist
landowners with implementation of the water resource riparian protection requirements established in this
section. For the purposes of this subdivision, assistance includes planning, teckmical assistance, implementation
of approved alternative practices, and tracking progress toward compliance with the requirements.
(b) The commissioner or the board must provide sufficient funding to soil and water conservation districts
to implement this section.
Subd. 7. Corrective actions. (a) If the soil and water conservation district determines a landowner is
not in compliance with this section, the district must notify the county or watershed district with jurisdiction
over the noncompliant site and the board. The county or watershed district with jurisdiction or the board
must provide the landowner with a list of corrective actions needed to come into compliance and a practical
timeline to meet the requirements in this section. The county or watershed district with jurisdiction must
provide a copy of the corrective action notice to the board.
(b) A county or watershed district exercising jurisdiction under this subdivision and the enforcement
authority granted in section 10313.101, subdivision 12a, shall affirm their jurisdiction and identify the
ordinance, rule, or other official controls to carry out the compliance provisions of this section and section
103B.101, subdivision 12a, by notice to the board prior to March 31, 2017. A county or watershed district
must provide notice to the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.
(c) If the landowner does not comply with the list of actions and timeline provided, the county or
watershed district may enforce this section under the authority granted in section 103B.101, subdivision
12a, or by rule of the watershed district or ordinance or other official control of the county. Before exercising
administrative penalty authority, a county or watershed district must adopt a plan consistent with the plan
adopted by the board containing procedures for the issuance of administrative penalty orders and may issue
orders beginning November 1, 2017. If a county or watershed district withjurisdiction over the noncompliant
Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
103F.48 MINNESOTA STATUTES 2016 4
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the board must enforce
this section under the authority granted in section 103B.101, subdivision 12a.
(d) If the county, watershed district, or board determines that sufficient steps have been taken to fully
resolve noncompliance, all or part of the penalty may be forgiven.
(e) An order issued under paragraph (c) may be appealed to the board as provided under subdivision 9.
(f) A corrective action is not required for conditions resulting from a flood or other act of nature.
(g) A landowner agent or operator of a landowner may not remove or willfully degrade a riparian buffer
or water quality practice, wholly or partially, unless the agent or operator has obtained a signed statement
from the property owner stating that the permission for the work has been granted by the unit of government
authorized to approve the work in this section or that a buffer or water quality practice is not required as
validated by the soil and water conservation district. Removal or willful degradation of a riparian buffer or
water quality practice, wholly or partially, by an agent or operator is a separate and independent offense and
may be subject to the corrective actions and penalties in this subdivision.
Subd. 8. Funding subject to withholding. The board may withhold funding from a local water
management authority with jurisdiction or a soil and water conservation district that fails to implement this
section, or from a local water management authority that fails to implement subdivision 4. Funding may be
restored upon the board's approval of a corrective action plan.
Subd. 9. Appeals of validations and penalty orders. A landowner or agent or operator may appeal the
terms and conditions of a soil and water conservation district validation or an administrative penalty order
to the board within 30 days of receipt of written or electronic notice of the validation or order. The request
for appeal must be in writing. The appealing party must provide a copy of the validation or order that is
being appealed, the basis for the appeal, and any supporting evidence. The request for appeal may be submitted
personally, by first class mail, or electronically to the executive director. If a written or electronic request
for appeal is not submitted within 30 days, the validation or order is final. The executive director shall review
the request and supporting evidence and issue a decision within 60 days of receipt of an appeal. The executive
director's decision is appealable directly to the Court of Appeals pursuant to sections 14.63 to 14.69.
Subd. 10. Landowner financial assistance and public drainage system procedure. (a) A landowner
or drainage authority may contact the soil and water conservation district for information on how to apply
for local, state, or federal cost -share grants, contracts, or loans that are available to establish buffers or other
water resource protection measures.
(b) The provisions of sections 103E.011, subdivision 5; 10313.021; and 103E.715 may be used in advance
or retroactively to acquire or provide compensation for all or part of the buffer strip establishment or alternative
riparian water quality practices as required under subdivision 3, paragraph (a) or (b).
Subd. 11. State lands. This section applies to the state and its departments and agencies.
History: ISp2015 c 4 art 4 s 79, 2016 c 85 s 4-9
Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.