Protection of Water Resources (Minnesota Statutes: Chapter 103F)

CHAPTER 103F​ PROTECTION OF WATER RESOURCES​ GENERAL PROVISIONS​ EFFECT OF CHAPTER 103F ON WATER LAW.​103F.001​ FLOODPLAIN MANAGEMENT​ CITATION.​103F.101​ FLOODPLAIN MANAGEMENT POLICY.​103F.105​ DEFINITIONS.​103F.111​ PRIORITY FOR REDUCING FLOOD DAMAGE.​103F.115​ FLOODPLAIN MANAGEMENT ORDINANCES.​103F.121​ CONSIDERING INDUSTRIAL USES IN​ FLOODPLAIN.​ 103F.125​ COMMISSIONER'S ASSISTANCE AND​ INSPECTIONS.​ 103F.135​ RULES.​103F.141​ ENFORCEMENT AND PENALTIES.​103F.145​ FLOOD-PRONE AREA INVENTORY AND​ ASSESSMENT.​ 103F.151​ FLOOD HAZARD MITIGATION GRANTS.​103F.161​ FLOOD INSURANCE.​103F.165​ SOUTHERN MINNESOTA RIVERS BASIN AREA II​ SOUTHERN MINNESOTA RIVERS BASIN AREA II​ BOUNDARIES.​ 103F.171​ PROGRAM.​103F.173​ AID FORMULA.​103F.175​ OPERATION WITHIN AGENCY.​103F.177​ SELECTING PROJECTS.​103F.179​ CONDITIONS FOR GRANTS.​103F.181​ APPROVED PROJECTS.​103F.183​ INTERSTATE COOPERATION.​103F.185​ REPORT TO LEGISLATURE.​103F.187​ SHORELAND DEVELOPMENT​ REGULATORY PURPOSE OF SHORELAND​ DEVELOPMENT.​ 103F.201​ DEFINITIONS.​103F.205​ MODEL STANDARDS AND CRITERIA.​103F.211​ MODEL ORDINANCE AS COUNTY ORDINANCE.​103F.215​ MUNICIPAL SHORELAND MANAGEMENT.​103F.221​ SHORELAND DEVELOPMENT; EXISTING​ RESORTS.​ 103F.227​ WILD AND SCENIC RIVERS ACT​ CITATION.​103F.301​ SCENIC RIVER PROTECTION POLICY.​103F.305​ DEFINITIONS.​103F.311​ WILD AND SCENIC RIVERS SYSTEM.​103F.315​ ADMINISTRATION AND RULES.​103F.321​ DESIGNATION PROCEDURE.​103F.325​ ACQUIRING AND DEVELOPING SYSTEM.​103F.331​ LOCAL GOVERNMENT COMPLIANCE.​103F.335​ FEDERAL-STATE RELATIONS.​103F.341​ CONFLICT WITH OTHER LAWS.​103F.345​ WELCH; GOODHUE COUNTY.​103F.35​ LOWER ST. CROIX RIVER​ LOWER ST. CROIX WILD AND SCENIC RIVER ACT.​103F.351​ MISSISSIPPI HEADWATERS PLANNING AND MANAGEMENT​ FINDINGS AND INTENT.​103F.361​ APPLICABILITY.​103F.363​ DEFINITIONS.​103F.365​ MISSISSIPPI HEADWATERS BOARD.​103F.367​ PLAN IMPLEMENTATION.​103F.369​ RESPONSIBILITIES OF OTHER GOVERNMENTAL​ UNITS.​ 103F.371​ REVIEWING AND CERTIFYING LAND USE​ ACTIONS.​ 103F.373​ INCORPORATION AND ANNEXATION;​ MORATORIUM.​ 103F.375​ BIENNIAL REPORT.​103F.377​ SOIL EROSION​ DEFINITIONS.​103F.401​ SOIL LOSS ORDINANCES.​103F.405​ MODEL ORDINANCE.​103F.411​ EXCESSIVE SOIL LOSS PROHIBITED.​103F.415​ ENFORCEMENT.​103F.421​ DISTRICT COURT HEARING.​103F.425​ SOIL AND WATER CONSERVATION ASSISTANCE.​103F.431​ ATTORNEY AND LOCAL GOVERNMENT MAY​ PERFORM DUTY OF COUNTY.​ 103F.435​ EROSION CONTROL PLAN FOR DEVELOPMENT​ ACTIVITIES.​ 103F.441​ COST-SHARING FUNDS.​103F.445​ PENALTY.​103F.455​ RIPARIAN PROTECTION AND WATER QUALITY​ PRACTICES.​ 103F.48​ REINVEST IN MINNESOTA RESOURCES LAW​ SHORT TITLE.​103F.501​ PURPOSE AND POLICY.​103F.505​ DEFINITIONS.​103F.511​ REINVEST IN MINNESOTA RESERVE PROGRAM.​103F.515​ PERMANENT WETLANDS PRESERVE.​103F.516​ REINVEST IN MINNESOTA CLEAN ENERGY​ PROGRAM.​ 103F.518​ COOPERATION.​103F.521​ SUPPLEMENTAL PAYMENTS ON FEDERAL AND​ STATE CONSERVATION PROGRAMS.​ 103F.525​ FOOD PLOTS.​103F.526​ RULEMAKING.​103F.531​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ MINNESOTA STATUTES 2018​1​ RESERVATION OF MARGINAL LAND AND​ WETLANDS.​ 103F.535​ WATER BANK PROGRAM​ WATER BANK PROGRAM.​103F.601​ WETLAND PRESERVATION AREAS​ WETLAND PRESERVATION AREAS.​103F.612​ DURATION OF WETLAND PRESERVATION AREA.​103F.613​ EMINENT DOMAIN ACTIONS.​103F.614​ LIMITATION ON CERTAIN PUBLIC PROJECTS.​103F.615​ SOIL CONSERVATION PRACTICES.​103F.616​ CLEAN WATER PARTNERSHIP​ CITATION.​103F.701​ PURPOSE.​103F.705​ DEFINITIONS.​103F.711​ CLEAN WATER PARTNERSHIP PROGRAM​ ESTABLISHED.​ 103F.715​ FINANCIAL AND TECHNICAL ASSISTANCE.​103F.725​ ELIGIBILITY FOR ASSISTANCE.​103F.731​ AGENCY REVIEW OF PROPOSALS.​103F.735​ PROJECT IMPLEMENTATION.​103F.741​ RULES.​103F.745​ NONPOINT SOURCE POLLUTION; MANAGEMENT​ PLAN.​ 103F.751​ AVAILABILITY OF DATA; STANDARDS.​103F.755​ LAKE PRESERVATION AND PROTECTION​ COUNTY LAKE IMPROVEMENT PROGRAM.​103F.801​ STATE AID FOR LAKE IMPROVEMENTS.​103F.805​ WETLAND ESTABLISHMENT AND RESTORATION​ PROGRAM​ DEFINITIONS.​103F.901​ LOCAL PLANNING AND APPROVAL.​103F.902​ WETLAND ESTABLISHMENT AND RESTORATION​ COST-SHARE PROGRAM.​ 103F.903​ WETLAND ESTABLISHMENT.​103F.904​ RULES.​103F.905​ BEAVER DAMAGE CONTROL GRANTS​ BEAVER DAMAGE CONTROL GRANTS.​103F.950​ 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.151 may be cited as the "Floodplain Management Law."​ History: 1990 c 391 art 6 s 2; 2014 c 248 s 18​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103F.001​ (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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.111​MINNESOTA STATUTES 2018​3​ (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 REDUCING 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.151, 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, may notify​ affected local governmental units that technical information is available. The local governmental units shall​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103F.111​ prepare or amend their floodplain management ordinances in conformance with the provisions of sections​ 103F.101 to 103F.151 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.151.​ (g) Floodplain management ordinances may be amended by a local governmental unit upon the approval​ of the commissioner.​ Subd. 3. [Repealed, 2014 c 289 s 70]​ Subd. 4. [Repealed, 2014 c 289 s 70]​ Subd. 5. Alterations and hazardous uses prohibited. (a) If a floodplain has been delineated by a​ floodplain management ordinance under sections 103F.101 to 103F.151, 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 not in​ accordance with the local governmental unit's adopted floodplain management ordinance may not be permitted​ after the effective date of the ordinance delineating the floodplain.​ (b) This subdivision does not apply to alterations, repair, or maintenance reasonably done under emergency​ circumstances to preserve or protect life.​ (c) 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; 2014 c 248 s 18; 2014 c 289 s 51,52​ 103F.125 CONSIDERING 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 [Repealed, 2014 c 248 s 19]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.131​MINNESOTA STATUTES 2018​5​ 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 Department of Agriculture​ 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; 2014 c 248 s 10​ 103F.141 RULES.​ Subdivision 1. Authority and criteria. The commissioner shall adopt rules to implement sections​ 103F.101 to 103F.151, 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; 2014 c 248 s 18​ 103F.145 ENFORCEMENT AND PENALTIES.​ Subdivision 1. Uses in violation of ordinance; 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.151 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.151 is​ guilty of a misdemeanor. Each day that the violation exists is a separate offense.​ History: 1990 c 391 art 6 s 11; 2014 c 248 s 18​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103F.135​ 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 [Repealed, 2014 c 248 s 19]​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.161​MINNESOTA STATUTES 2018​7​ (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.​ 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; 2010 c 189 s​ 37​ 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. [Repealed, 2014 c 289 s 70]​ Subd. 3. Application for flood insurance. After receiving notice from the commissioner or the Federal​ Emergency Management Agency that flood hazard areas have been identified, each local governmental unit​ is encouraged to 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; 2014 c 289 s 53​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103F.161​ 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 SELECTING PROJECTS.​ Subdivision 1. Evaluating 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 Natural Resources 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.179​MINNESOTA STATUTES 2018​9​ 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; 2015 c 21 art 1 s 109​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 10​MINNESOTA STATUTES 2018​103F.179​ 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.227.​ 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; 2007 c 92 s 1​ 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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.211​MINNESOTA STATUTES 2018​11​ (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.​ Subd. 4. Removing logs, dead trees, and branches. The removal of logs and dead trees and branches​ from the shoreland is exempt from any permit requirements, unless required by a local government unit.​ Before a person removes logs or dead trees and branches from publicly owned land or land owned by another,​ the person must obtain permission from the landowner or manager. Public entities are encouraged to allow​ for the removal of logs and dead trees and branches that present a safety hazard on land managed by the​ public entity.​ History: 1990 c 391 art 6 s 27; 1Sp2003 c 4 s 1; 2012 c 272 s 39​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 12​MINNESOTA STATUTES 2018​103F.211​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.221​MINNESOTA STATUTES 2018​13​ 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; 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]​ 103F.227 SHORELAND DEVELOPMENT; EXISTING RESORTS.​ Subdivision 1. Applicability. This section applies statewide and preempts local ordinances that are​ inconsistent with its terms. A county or municipality may by ordinance impose upon resorts reasonable​ regulations to prevent and abate nuisances and to protect the public health, welfare, safety, and environment.​ Subd. 2. Resort defined. For purposes of this section, "resort" means a shoreland commercial​ establishment, existing on or before August 1, 2007, that includes buildings, lodges, structures, dwelling​ units, camping or recreational vehicle sites, or enclosures, or any part thereof kept, used, maintained, or​ advertised as or held out to the public to be a place where sleeping accommodations are furnished to the​ public, primarily to persons seeking recreation, for periods of one day or longer, and having for rent three​ or more cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be primarily​ service oriented for transient lodging of guests. All cabins, rooms, dwelling units, camping or recreational​ vehicle sites, or enclosures must be included in the resort rental business. Resorts must not allow residential​ use of a dwelling unit or site, except dwellings used as residences for the service providers. To qualify as a​ resort under this section, a resort must be fully licensed and permitted under appropriate state and local​ regulations. The entire parcel of land must be controlled and managed by the licensee.​ Subd. 3. Maintenance and replacement. (a) So long as the establishment continues to operate as a​ resort, a county or municipality must allow a resort owner to:​ (1) maintain structures, including the replacement of aging or outdated components or systems of the​ structure, while not increasing the structure's footprint on the land; and​ (2) replace structures damaged or lost to fire or natural disaster.​ (b) Paragraph (a), clause (2), applies only when an application for a building permit is made within 180​ days of the damage or loss.​ Subd. 4. Expansion. A county or municipality must allow a resort owner to increase a structure footprint​ to minimally meet federal, state, or local dwelling standards or codes. To "minimally meet" the standards​ or codes means that the replacement structure does not add new architectural elements, such as more​ bedrooms, that did not exist in the original structure. Structural expansion under this subdivision must not​ result in a structure that is any larger than required to meet standards or codes or a structure or any portion​ that is any closer to the shoreline than prior to the expansion.​ Subd. 5. Change in ownership. A change in ownership of a resort shall not be construed as a conversion​ to a different use so long as the new owner continues to use the property as a resort.​ History: 2007 c 92 s 2​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 14​MINNESOTA STATUTES 2018​103F.221​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.311​MINNESOTA STATUTES 2018​15​ 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.​ Subd. 3. Home-based business; conditional use. A local unit of government may issue a conditional​ use permit in a wild and scenic river district designated pursuant to sections 103F.301 to 103F.351 to a​ home-based business that:​ (1) is located on property that includes the primary residence of the business owner;​ (2) is conducted within the primary residence or residential accessory structure and the residence and​ accessory structures were constructed prior to May 23, 2009;​ (3) does not necessitate creation of additional impervious surface for vehicular parking on the property;​ (4) satisfies all other requirements in a conditional use permit issued by the local unit of government;​ and​ (5) satisfies all other state and local requirements applicable to the type of business.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 16​MINNESOTA STATUTES 2018​103F.311​ Subd. 4. Removing logs, dead trees, and branches. The removal of logs and dead trees and branches​ from the shoreland is exempt from any permit requirements when the logs or dead trees and branches present​ safety hazards, unless required by a local government unit. Before a person removes logs or dead trees and​ branches from publicly owned land or land owned by another, the person must obtain permission from the​ landowner or manager. Public entities are encouraged to allow for the removal of logs and dead trees and​ branches that present a safety hazard on land managed by the public entity.​ History: 1990 c 391 art 6 s 34; 2009 c 176 art 3 s 5; 2012 c 272 s 40​ 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. Posthearing 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.325​MINNESOTA STATUTES 2018​17​ Subd. 4. Designating 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. 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 ACQUIRING AND DEVELOPING 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. Developing 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. State water trails. (a) The commissioner may mark state water trails 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) State water trails, 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; 2010 c 361 art 4 s 82​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 18​MINNESOTA STATUTES 2018​103F.325​ Subd. 2. Local governmental units to implement. 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​ 103F.35 WELCH; GOODHUE COUNTY.​ Within the unincorporated area of Welch in Section 28, Township 113 North, Range 16 West, Goodhue​ County, in areas identified by Goodhue County as having mixed uses, mixed uses may be allowed with a​ conditional use permit if all other requirements of Goodhue County's scenic river ordinance are met.​ History: 2018 c 186 s 5​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.351​MINNESOTA STATUTES 2018​19​ 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. Acquiring 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.​ (d) In rural districts, as defined in rules adopted pursuant to this section, commercial, nature-oriented,​ and educational uses may be allowed as conditional uses on properties that were in similar use on May 1,​ 1974, and on January 1, 2010, if the conditional use:​ (1) complies with all dimensional standards in the rules, including variance requirements for any changes​ to the properties made after January 1, 2010; and​ (2) is similar in scope to the use that existed on May 1, 1974.​ 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; 2010 c 338 s 1​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 20​MINNESOTA STATUTES 2018​103F.351​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.367​MINNESOTA STATUTES 2018​21​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 22​MINNESOTA STATUTES 2018​103F.367​ 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. 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 schedule. 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 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 floodplain; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.369​MINNESOTA STATUTES 2018​23​ (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.​ (a) 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.​ (b) 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 REVIEWING AND CERTIFYING 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:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 24​MINNESOTA STATUTES 2018​103F.369​ (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; MORATORIUM.​ 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​ 103F.378 [Repealed, 2014 c 248 s 19]​ 103F.381 [Repealed, 2014 c 248 s 19]​ 103F.383 Subdivision 1. [Repealed, 2005 c 47 s 4]​ Subd. 2. [Repealed, 2005 c 47 s 4]​ Subd. 3. [Repealed, 2014 c 248 s 19]​ 103F.385 [Repealed, 2005 c 47 s 4]​ 103F.387 [Repealed, 2014 c 248 s 19]​ 103F.389 Subdivision 1. [Repealed, 2014 c 248 s 19]​ Subd. 2. [Repealed, 2014 c 248 s 19]​ Subd. 3. [Repealed, 2005 c 47 s 4]​ Subd. 4. [Repealed, 2005 c 47 s 4]​ 103F.391 [Repealed, 2014 c 248 s 19]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.391​MINNESOTA STATUTES 2018​25​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 26​MINNESOTA STATUTES 2018​103F.393​ Subd. 12. Technical guide. "Technical guide" means the guide developed by the United States Natural​ Resources 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; 2015 c 21 art 1 s 109​ 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 366.181, 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 Natural Resources Conservation Service Field Office Technical Guide, or​ another method approved by the Board of Water and Soil Resources, 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 must be consistent with a comprehensive plan, local water management plan, or​ watershed management plan developed or amended, adopted, and approved according to chapter 103B,​ 103C, or 103D.​ 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; 2013 c 143 art 4 s 5​ 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 Natural​ Resources 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; 2015 c 21 art 1 s 109​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.415​MINNESOTA STATUTES 2018​27​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 28​MINNESOTA STATUTES 2018​103F.415​ Subd. 4. Application for cost-sharing funds. The landowner has 90 days after a complaint is​ substantiated to apply for state cost-sharing funds. Fifty percent of the cost share will be provided if the​ application is not made within 90 days after the settlement is filed, unless the soil and water conservation​ district or the board provides an extension. An extension must be granted if funds are not available.​ Subd. 5. [Repealed, 1Sp2015 c 4 art 4 s 150]​ Subd. 6. Application of state and federal law. Nothing in this section is intended to preclude the​ application of other applicable state or federal law.​ History: 1990 c 391 art 6 s 61; 1Sp2015 c 4 art 4 s 77,78​ 103F.425 DISTRICT COURT HEARING.​ Subdivision 1. Determining 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.431​MINNESOTA STATUTES 2018​29​ 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. Reviewing 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 30​MINNESOTA STATUTES 2018​103F.435​ 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 [Repealed, 1Sp2015 c 4 art 4 s 150]​ 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]​ 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 103D.​ (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" means public waters that are on the public waters inventory as provided in section​ 103G.201.​ (j) "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.​ Subd. 2. Purpose. It is the policy of the state to establish riparian buffers and water quality practices to:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.48​MINNESOTA STATUTES 2018​31​ (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. 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 a buffer-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​ (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, common​ alternative practices adopted and published by the board, other practices approved by the board, or practices​ based on local conditions approved by the local soil and water conservation district that are consistent with​ the Field Office Technical Guide, 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.​ (g) After May 31, 2017, a person planting buffers or water quality protection practices to meet the​ requirements in paragraph (a) must use only seed mixes verified by the Department of Agriculture as​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 32​MINNESOTA STATUTES 2018​103F.48​ consistent with chapter 18G or 21 to prevent contamination with Palmer amaranth or other noxious weed​ seeds.​ 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:​ (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, technical assistance, implementation​ of approved alternative practices, and tracking progress toward compliance with the requirements.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.48​MINNESOTA STATUTES 2018​33​ (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 103B.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 with jurisdiction over the noncompliant​ 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. Withholding funding. 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 34​MINNESOTA STATUTES 2018​103F.48​ 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; 103E.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: 1Sp2015 c 4 art 4 s 79; 2016 c 85 s 4-9; 2017 c 93 art 2 s 105,106​ 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 restore certain marginal agricultural land and​ protect environmentally sensitive areas to enhance soil and water quality, minimize damage to flood-prone​ areas, sequester carbon, and support native plant, fish, and wildlife habitats. It is state policy to encourage​ the restoration of wetlands and riparian lands and promote the retirement of marginal, highly erodible land,​ particularly land adjacent to public waters, drainage systems, wetlands, and locally designated priority waters.​ History: 1990 c 391 art 6 s 71; 1992 c 415 s 1; 2009 c 172 art 2 s 12; 2009 c 176 art 1 s 31​ 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. [Repealed, 2009 c 172 art 2 s 32; 2009 c 176 art 1 s 52]​ 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.​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.511​MINNESOTA STATUTES 2018​35​ 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. MS 2008 [Renumbered subd 8c]​ Subd. 8b. Reinvest in Minnesota reserve program. "Reinvest in Minnesota reserve program" means​ the program established under section 103F.515.​ Subd. 8c. Riparian land. "Riparian land" means lands adjacent to public waters, drainage systems,​ wetlands, or locally designated priority waters.​ 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; 2009 c 172 art 2 s 13-15; 2009 c 176 art​ 1 s 32-34​ 103F.515 REINVEST IN MINNESOTA RESERVE PROGRAM.​ Subdivision 1. Establishment. The board, in consultation with the commissioner of agriculture and the​ commissioner of natural resources, shall establish and administer the reinvest in Minnesota reserve program.​ The board shall implement sections 103F.505 to 103F.531. Selection of land for the reinvest in Minnesota​ reserve program must be based on its enhancement potential for fish, wildlife, and native plant habitats,​ reducing erosion, and protecting water quality.​ Subd. 2. Eligible land. (a) Land may be placed in the reinvest in Minnesota reserve program if the land​ meets the requirements of paragraphs (b) and (c) or paragraph (d).​ (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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 36​MINNESOTA STATUTES 2018​103F.511​ (4) is land that with a windbreak or water quality improvement practice 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 eight 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 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,​ wellhead protection area, or abandoned building site, or be a whole field;​ (3) not be set aside, enrolled or diverted under another federal or state government program unless​ enrollment in the reinvest in Minnesota 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, environmentally​ sensitive areas, wellhead protection areas, or land used for pasture.​ (d) Land is eligible if the land is a wellhead protection area as defined under section 103I.005, subdivision​ 24, and has a wellhead protection plan approved by the commissioner of health.​ (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 and livestock grazing, unless specifically approved by the board for​ conservation management purposes or extreme drought; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.515​MINNESOTA STATUTES 2018​37​ (3) spraying with chemicals or mowing, except:​ (i) as necessary to comply with noxious weed control laws;​ (ii) for emergency control of pests necessary to protect public health; or​ (iii) as approved by the board for conservation management purposes.​ (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.​ (d) Notwithstanding paragraph (a), the board must permit the harvest of native grasses for use in seed​ production or bioenergy on wellhead protection lands eligible under subdivision 2, paragraph (d).​ Subd. 5. Agreements by landowner. The board may enroll eligible land in the reinvest in Minnesota​ 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 and 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 easements. (a) The board shall establish rates for payments to the landowner​ for the conservation easement and related practices. The board shall consider market factors, including the​ township average equalized estimated market value of property as established by the commissioner of​ revenue at the time of easement application.​ (b) The board may establish a payment system for flowage easements acquired under this section.​ (c) For wetland restoration projects involving more than one conservation easement, state payments for​ restoration costs may exceed the limits set by the board 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.​ (d) 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 38​MINNESOTA STATUTES 2018​103F.515​ 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. Correcting 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.​ Subd. 10. Use for mitigation prohibited. Money made available under the reinvest in Minnesota reserve​ program may not be used for environmental regulatory or wetland mitigation purposes required under federal​ or state law.​ 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; 2009 c 172 art 2 s 16-20,31; 2009 c 176 art 1 s 35-39; 2010 c 189​ s 38​ 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:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.516​MINNESOTA STATUTES 2018​39​ (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.518 REINVEST IN MINNESOTA CLEAN ENERGY PROGRAM.​ Subdivision 1. Establishment. (a) The board shall establish and administer a reinvest in Minnesota​ (RIM) clean energy program that is in addition to the program under section 103F.515. Selection of land​ for the clean energy program must be based on its potential benefits for bioenergy crop production, water​ quality, soil health, reduction of chemical inputs, soil carbon storage, biodiversity, and wildlife habitat.​ (b) For the purposes of this section, "diverse native prairie" means a prairie planted from a mix of local​ Minnesota native prairie species. A selection from all available native prairie species may be made so as to​ match species appropriate to local site conditions.​ Subd. 2. Eligible land. Eligible land under this section 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;​ (3) not be currently set aside, enrolled, or diverted under another federal or state government program;​ and​ (4) have been in agricultural use, as defined in section 17.81, subdivision 4, or have been set aside,​ enrolled, or diverted under another federal or state program for at least two of the last five years before the​ date of application.​ Subd. 3. Designating project areas. The board shall develop a process to designate defined project​ areas. The designation process shall prioritize projects that include coordinated cooperation of a cellulosic​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 40​MINNESOTA STATUTES 2018​103F.516​ biofuel facility or a bioenergy production facility, target impaired waters, or support other state or local​ natural resource plans, goals, or objectives.​ Subd. 4. Easements. The board may acquire, or accept by gift or donation, easements on eligible land.​ An easement may be permanent or of limited 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.​ Subd. 5. Nature of property rights acquired. (a) An easement must prohibit:​ (1) agricultural crop production, unless approved by the board for energy production purposes; and​ (2) spraying with chemicals, except as necessary to comply with noxious weed control laws, emergency​ pest control necessary to protect public health, or as needed to establish a productive planting as determined​ by the technical committee under subdivision 11.​ (b) An easement is subject to the terms of the agreement provided in subdivision 6.​ (c) Agricultural crop production and harvest are limited to native, perennial bioenergy crops. Harvest​ shall occur outside of bird nesting season.​ (d) An 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 easement.​ (e) An easement may allow nonnative perennial prairie or pasture established by September 1, 2007,​ that meet the other objectives outlined in subdivision 7.​ (f) An easement may allow grazing of livestock only if practiced under a plan, approved by the board,​ that protects water quality, wildlife habitat, and biodiversity.​ Subd. 6. Agreements by landowner. The board may enroll eligible land in the reinvest in Minnesota​ clean energy program by signing an agreement in recordable form with a landowner in which the landowner​ agrees:​ (1) to convey to the state an easement that is not subject to any prior title, lien, or encumbrance;​ (2) to seed the land subject to the easement, as specified in the agreement, at seeding rates determined​ by the board, or carry out other long-term capital improvements approved by the board; and​ (3) that the easement duration may be lengthened through mutual agreement with the board.​ Subd. 7. Payments for easements. The board must develop a tiered payment system for easements​ partially based on the benefits of the bioenergy crop production for water quality, soil health, reduction in​ chemical inputs, soil carbon storage, biodiversity, and wildlife habitat using cash rent or a similar system​ as may be determined by the board. The payment system must provide that the highest per-acre payment is​ for diverse native prairie and perennials.​ Subd. 8. Easement renewal. When an easement of limited duration expires, a new 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 easement only after examining the condition of the established plantings, conservation​ practices, and land values.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.518​MINNESOTA STATUTES 2018​41​ Subd. 9. Correcting boundary lines. To correct errors in legal descriptions for easements that affect​ the ownership interest 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. 10. Enforcement and damages. (a) A landowner who violates the term of an 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 fees, and any other appropriate relief to enforce this section​ 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.​ Subd. 11. [Repealed, 2014 c 286 art 2 s 4]​ History: 2007 c 57 art 1 s 119; 2014 c 286 art 2 s 2​ 103F.521 COOPERATION.​ 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 United States Department of​ Agriculture, the Minnesota Extension Service, the University of Minnesota, county boards, soil and water​ conservation districts, watershed districts, and interested private organizations and individuals.​ Subd. 2. [Repealed, 2009 c 172 art 2 s 32; 2009 c 176 art 1 s 52]​ History: 1990 c 391 art 6 s 74; 2009 c 172 art 2 s 21; 2009 c 176 art 1 s 40​ 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. 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.​ History: 1990 c 391 art 6 s 75; 2009 c 172 art 2 s 22; 2009 c 176 art 1 s 41​ 103F.526 FOOD PLOTS.​ The board may authorize wildlife food plots on land enrolled in a conservation easement under section​ 103F.515.​ History: 1990 c 391 art 6 s 76; 2009 c 172 art 2 s 23; 2009 c 176 art 1 s 42​ 103F.531 RULEMAKING.​ The board may adopt rules or policy to implement sections 103F.505 to 103F.531.​ History: 1990 c 391 art 6 s 77; 2009 c 172 art 2 s 24; 2009 c 176 art 1 s 43​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 42​MINNESOTA STATUTES 2018​103F.518​ 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]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.535​MINNESOTA STATUTES 2018​43​ Subd. 5. Altering conservation easements. Conservation easements may be altered, released, or​ terminated by the board 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; 2009 c 172 art 2 s 25; 2009 c 176 art 1 s 44​ 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 requirements. (a) The easement agreements must be conservation easements, as​ defined in section 84C.01, clause (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. Property owner 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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 44​MINNESOTA STATUTES 2018​103F.535​ (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. Converting 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. Terminating 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; 2017 c 40 art 1 s 11​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.601​MINNESOTA STATUTES 2018​45​ 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 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. Date of status as 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 46​MINNESOTA STATUTES 2018​103F.612​ 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; 1Sp2015 c 4 art​ 4 s 80​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.614​MINNESOTA STATUTES 2018​47​ (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. 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. Wetland preservation area terminates. 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. 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 48​MINNESOTA STATUTES 2018​103F.614​ 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.755 may be cited as the "Clean Water Partnership Law."​ History: 1990 c 391 art 6 s 80; 2011 c 107 s 107​ 103F.705 PURPOSE.​ It is the purpose of the legislature in enacting sections 103F.701 to 103F.755 to protect, enhance, and​ restore surface and ground water in the state, through financial and technical assistance to local units of​ government to prevent water pollution, including that associated with land use and land management activities,​ and to provide a legal basis for state implementation of federal laws controlling nonpoint source water​ pollution.​ History: 1990 c 391 art 6 s 81; 2011 c 107 s 53​ 103F.711 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103F.701 to 103F.755.​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.711​MINNESOTA STATUTES 2018​49​ 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. [Repealed, 2011 c 107 s 108]​ Subd. 8. Project. "Project" means the identification of water pollution and its causes, a plan to prevent​ water pollution or protect and improve water quality, and the measures taken to prevent water pollution or​ protect and improve water quality.​ 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; 2011 c 107 s 54,107​ 103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.​ A clean water partnership program is established as provided in sections 103F.701 to 103F.755. The​ agency shall administer the program in accordance with these sections. The agency shall 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,​ enhancement, or restoration of surface and ground water.​ History: 1990 c 391 art 6 s 83; 2011 c 107 s 55​ 103F.721 [Repealed, 2011 c 107 s 108]​ 103F.725 FINANCIAL AND TECHNICAL ASSISTANCE.​ Subdivision 1. Grants. (a) The agency may award grants for up to 50 percent of the eligible cost for​ projects.​ (b) The agency shall determine which costs are eligible costs and grants shall be made and used only​ for eligible costs.​ Subd. 1a. Loans. (a) Up to $50,000,000 of the balance in the clean water revolving fund in section​ 446A.07, as determined by the Public Facilities Authority, may be provided to the commissioner for 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 clean water revolving fund under section 446A.07.​ (f) The local unit of government receiving the loan is responsible for repayment of the loan.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 50​MINNESOTA STATUTES 2018​103F.711​ (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; 2008 c 277 art 3 s 2; 2011 c 107 s 56,57​ 103F.731 ELIGIBILITY FOR ASSISTANCE.​ Subdivision 1. [Repealed, 2011 c 107 s 108]​ Subd. 2. Eligibility; documents required. (a) Local units of government are eligible to apply for​ assistance. An applicant for assistance shall submit:​ (1) a project proposal form as prescribed by the agency; and​ (2) evidence that the applicant has consulted with the involved local soil and water conservation districts​ and watershed districts, where they exist, in preparing the application.​ (b) The proposed project must be identified in at least one of the following documents:​ (1) the comprehensive water plan authorized under sections 103B.301 to 103B.355;​ (2) a surface water management plan required under section 103B.231;​ (3) an overall plan required under chapter 103D;​ (4) 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, enhancement, or restoration;​ (5) an approved total maximum daily load (TMDL) or a TMDL implementation plan; or​ (6) a watershed protection and restoration strategy implementation plan.​ History: 1990 c 391 art 6 s 86; 2011 c 107 s 58​ 103F.735 AGENCY REVIEW OF PROPOSALS.​ Subdivision 1. Ranking proposals. The agency shall rank proposals for technical and financial assistance​ in order of priority and shall, within the limits of available appropriations, grant those proposals 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 (d).​ (b) The project demonstrates participation, coordination, and cooperation between local units of​ government, other public agencies, and local stakeholders.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.735​MINNESOTA STATUTES 2018​51​ (c) The degree of water quality protection, enhancement, or restoration 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.​ History: 1990 c 391 art 6 s 87; 2011 c 107 s 59​ 103F.741 PROJECT 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 project 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.755, 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. Enforcing 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; 2011 c 107 s 60​ 103F.745 RULES.​ (a) The agency shall adopt rules necessary to implement sections 103F.701 to 103F.755. 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) requirements for a project;​ (4) criteria for the evaluation and approval of a project;​ (5) criteria for the ranking of projects in order of priority for assistance;​ (6) criteria for defining and evaluating eligible costs and cost-sharing by local units of government​ applying for assistance;​ (7) requirements for providing measurable outcomes; and​ (8) other matters as the agency and the commissioner find necessary for the proper administration of​ sections 103F.701 to 103F.755, including any rules determined by the commissioner to be necessary for the​ implementation of federal programs to protect, enhance, or restore water quality.​ (b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria established by rule​ shall guide requirements and administrative procedures for the clean water partnership loan program.​ History: 1990 c 391 art 6 s 89; 1994 c 632 art 2 s 28; 2011 c 107 s 61​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 52​MINNESOTA STATUTES 2018​103F.735​ 103F.751 NONPOINT SOURCE POLLUTION; MANAGEMENT PLAN.​ To coordinate the programs and activities used to control nonpoint sources of pollution to achieve the​ state's water quality goals, the agency shall develop a state plan for the control of nonpoint source water​ pollution to meet the requirements of the federal Clean Water Act, and, as appropriate, develop agreements​ with federal and state agencies to accomplish the purposes and objectives of the state nonpoint source​ pollution management plan.​ History: 1990 c 391 art 6 s 90; 2011 c 107 s 62​ 103F.755 AVAILABILITY OF DATA; STANDARDS.​ The data collected for the activities of the clean water partnership program that have common value for​ natural resource planning must be made available using standards adopted by the Office of MN.IT Services​ and geospatial technology standards and guidelines published by the Minnesota Geospatial Information​ Office. Costs associated with this data delivery must be borne by this activity.​ History: 1990 c 391 art 6 s 91; 2010 c 392 art 1 s 11; 2013 c 134 s 30; 2013 c 142 art 3 s 36​ 103F.761 [Repealed, 2011 c 107 s 108]​ 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:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.801​MINNESOTA STATUTES 2018​53​ (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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 54​MINNESOTA STATUTES 2018​103F.801​ 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, 1992 c 536 s 1]​ 103F.807 [No local approval filed, 1992 c 536 s 2]​ 103F.808 [No local approval filed, 1992 c 536 s 3]​ 103F.809 [No local approval filed, 1992 c 536 s 4]​ 103F.810 [No local approval filed, 1992 c 536 s 5]​ 103F.811 [No local approval filed, 1992 c 536 s 6]​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.901​MINNESOTA STATUTES 2018​55​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 56​MINNESOTA STATUTES 2018​103F.902​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103F.905​MINNESOTA STATUTES 2018​57​ 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 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 of​ representatives 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 58​MINNESOTA STATUTES 2018​103F.950​