Bill Text: MN HF2395 | 2011-2012 | 87th Legislature | Introduced
Bill Title: General permit use authorized and clarified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-20 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF2395 Detail]
Download: Minnesota-2011-HF2395-Introduced.html
1.2relating to natural resources; authorizing and clarifying the use of general
1.3permits;amending Minnesota Statutes 2010, sections 84.0895, subdivision
1.47; 97A.401, subdivision 1; 103G.245, subdivision 3; 103G.271, subdivision
1.51; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
1.6Minnesota Statutes 2011 Supplement, section 103G.615, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
1.9 Subd. 7. General exceptions. (a) The commissioner may issue permits and
1.10prescribe conditions for an act otherwise prohibited by subdivision 1 if:
1.11(1) the act is for the purpose of zoological, educational, or scientific study;
1.12(2) the act enhances the propagation or survival of the affected species;
1.13(3) the act prevents injury to persons or property; or
1.14(4) the social and economic benefits of the act outweigh the harm caused by it.
1.15(b) The commissioner may issue a general permit to a governmental subdivision or
1.16to the general public to conduct one or more acts described in paragraph (a).
1.17(c) A member of an endangered species may not be destroyed under paragraph (a),
1.18clause (3) or (4), until all alternatives, including live trapping and transplantation, have
1.19been evaluated and rejected. The commissioner may prescribe conditions to propagate
1.20a species or subspecies.
1.21(c) (d) A person may capture or destroy a member of an endangered species, without
1.22permit, to avoid an immediate and demonstrable threat to human life or property.
1.23(d) (e) The commissioner must give approval under this subdivision for forest
1.24management, including permit, sale, or lease of land for timber harvesting.
2.1 Sec. 2. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
2.2 Subdivision 1. Commissioner's authority. The commissioner may issue special
2.3permits for the activities in this section. A special permit may be issued in the form of a
2.4general permit to a governmental subdivision or to the general public to conduct one or
2.5more activities under subdivisions 2 to 7.
2.6 Sec. 3. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
2.7 Subd. 3. Permit application. Application for a public waters work permit must
2.8be in writing to the commissioner on forms prescribed by the commissioner. The
2.9commissioner may issue a state general permit to a governmental subdivision or to the
2.10general publicfor classes of activities having minimal impact upon public waters under
2.11which more than one project may be conducted under a single permit.
2.12 Sec. 4. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
2.13 Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
2.14a person, partnership, or association, private or public corporation, county, municipality,
2.15or other political subdivision of the state may not appropriate or use waters of the state
2.16without a water use permit from the commissioner.
2.17(b) This section does not apply to use for a water supply by less than 25 persons for
2.18domestic purposes.
2.19(c) The commissioner may issue a state general permit for appropriation of water
2.20to a governmental subdivision or to the general publicfor classes of activities that have
2.21minimal impact upon waters of the state. The general permit may authorize more than
2.22one project and the appropriation or use of more than one source of water. Water use
2.23permit processing fees and reports required under subdivision 6 and section103G.281,
2.24subdivision 3 , are required for each project or water source that is included under a
2.25general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
2.26annually.
2.27 Sec. 5. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
2.28 Subd. 2. Permit application and notification fees. (a) Apermit application fee
2.29to defray the costs of receiving, recording, and processingthe application must be paid
2.30for a permit application authorized under this chapterand, except for a general permit
2.31application, for each request to amend or transfer an existing permit, and for a notification
2.32to request authorization to conduct a project under a general permit. Fees established
3.1under this subdivision, unless specified in paragraph (c), shall be compliant with section
3.216A.1285
.
3.3 (b) Proposed projects that require water in excess of 100 million gallons per year
3.4must be assessed fees to recover the costs incurred to evaluate the project and the costs
3.5incurred for environmental review. Fees collected under this paragraph must be credited
3.6to an account in the natural resources fund and are appropriated to the commissioner.
3.7 (c) The fee to apply for a permit to appropriate water, in addition to any fee under
3.8paragraph (b);, and for a permit to construct or repair a dam that is subject to dam safety
3.9inspection; or a state general permit is $150. The application fee for a permit to work in
3.10public waters or to divert waters for mining must be at least $150, but not more than
3.11$1,000. The fee for a notification to request authorization to conduct a project under a
3.12general permit is $100.
3.13 Sec. 6. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
3.14 Subd. 4. Refund of fees prohibited. A permit application, general permit
3.15notification, or field inspection fee may not be refunded for any reason, even if the
3.16application or request is denied or withdrawn.
3.17 Sec. 7. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
3.18 Subd. 5. State and federal agencies exempt from fee. A permit application,
3.19general permit notification, or field inspection fee may not be imposed on any state agency,
3.20as defined in section16B.01 , or federal governmental agency applying for a permit.
3.21 Sec. 8. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to read:
3.22 Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
3.23permit application, general permit notification, or field inspection fee charged to a town
3.24in connection with the construction or alteration of a town road, bridge, or culvert shall
3.25exceed $100.
3.26 Sec. 9. Minnesota Statutes 2010, section 103G.611, is amended by adding a
3.27subdivision to read:
3.28 Subd. 1a. General permits. The commissioner may issue a general permit to
3.29a governmental subdivision or to the general public to conduct one or more projects
3.30described in subdivision 1. A fee of $100 may be charged for each aeration system used
3.31under a general permit.
4.1 Sec. 10. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
4.2is amended to read:
4.3 Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
4.4permit to a governmental subdivision or to the general public to conduct one or more
4.5projects described in this subdivision. The commissioner may issue permits, with or
4.6without a fee, to:
4.7(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
4.8waters;
4.9(2) transplant aquatic plants into public waters;
4.10(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
4.11under prescribed conditions to protect the waters, desirable species of fish, vegetation,
4.12other forms of aquatic life, and the public.
4.13(b) Application for a permit and a notification to request authorization to conduct a
4.14project under a general permit must be accompanied by apermit fee, if required.
4.15(c) An aquatic plant management permit is valid for one growing season and expires
4.16on December 31 of the year it is issued unless the commissioner stipulates a different
4.17expiration date in rule or in the permit.
4.18(d) A general permit may authorize a project for more than one growing season.
4.19 Sec. 11. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
4.20is amended to read:
4.21 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
4.22control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
4.23section16A.1283 does not apply, but the rule must not take effect until 45 legislative
4.24days after it has been reported to the legislature. The fees shall not exceed $2,500 per
4.25permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
4.26the permit, and additional costs incurred after the application to inspect and monitor
4.27the activities authorized by the permit, and enforce aquatic plant management rules and
4.28permit requirements.
4.29 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
4.30parcel of shoreline owned by an owner may be charged. This fee may not be charged for
4.31permits issued in connection with purple loosestrife control or lakewide Eurasian water
4.32milfoil control programs.
4.33 (c) A fee may not be charged to the state or a federal governmental agency applying
4.34for a permit.
5.1 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
5.2water basin that is 20 acres or less in size shall be one-half of the fee established under
5.3paragraph (a).
5.4(e) The money received for the permits under this subdivision shall be deposited in
5.5the treasury and credited to the water recreation account.
5.6(f) The fee for processing a notification to request authorization for work under a
5.7general permit is $30, until the commissioner establishes a fee by rule as provided under
5.8this subdivision.
1.3permits;amending Minnesota Statutes 2010, sections 84.0895, subdivision
1.47; 97A.401, subdivision 1; 103G.245, subdivision 3; 103G.271, subdivision
1.51; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
1.6Minnesota Statutes 2011 Supplement, section 103G.615, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
1.9 Subd. 7. General exceptions. (a) The commissioner may issue permits and
1.10prescribe conditions for an act otherwise prohibited by subdivision 1 if:
1.11(1) the act is for the purpose of zoological, educational, or scientific study;
1.12(2) the act enhances the propagation or survival of the affected species;
1.13(3) the act prevents injury to persons or property; or
1.14(4) the social and economic benefits of the act outweigh the harm caused by it.
1.15(b) The commissioner may issue a general permit to a governmental subdivision or
1.16to the general public to conduct one or more acts described in paragraph (a).
1.17(c) A member of an endangered species may not be destroyed under paragraph (a),
1.18clause (3) or (4), until all alternatives, including live trapping and transplantation, have
1.19been evaluated and rejected. The commissioner may prescribe conditions to propagate
1.20a species or subspecies.
1.21
1.22permit, to avoid an immediate and demonstrable threat to human life or property.
1.23
1.24management, including permit, sale, or lease of land for timber harvesting.
2.1 Sec. 2. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
2.2 Subdivision 1. Commissioner's authority. The commissioner may issue special
2.3permits for the activities in this section. A special permit may be issued in the form of a
2.4general permit to a governmental subdivision or to the general public to conduct one or
2.5more activities under subdivisions 2 to 7.
2.6 Sec. 3. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
2.7 Subd. 3. Permit application. Application for a public waters work permit must
2.8be in writing to the commissioner on forms prescribed by the commissioner. The
2.9commissioner may issue a state general permit to a governmental subdivision or to the
2.10general public
2.11which more than one project may be conducted under a single permit.
2.12 Sec. 4. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
2.13 Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
2.14a person, partnership, or association, private or public corporation, county, municipality,
2.15or other political subdivision of the state may not appropriate or use waters of the state
2.16without a water use permit from the commissioner.
2.17(b) This section does not apply to use for a water supply by less than 25 persons for
2.18domestic purposes.
2.19(c) The commissioner may issue a state general permit for appropriation of water
2.20to a governmental subdivision or to the general public
2.21
2.22one project and the appropriation or use of more than one source of water. Water use
2.23permit processing fees and reports required under subdivision 6 and section
2.24subdivision 3
2.25general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
2.26annually.
2.27 Sec. 5. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
2.28 Subd. 2. Permit application and notification fees. (a) A
2.29to defray the costs of receiving, recording, and processing
2.30for a permit application authorized under this chapter
2.31application, for each request to amend or transfer an existing permit, and for a notification
2.32to request authorization to conduct a project under a general permit. Fees established
3.1under this subdivision, unless specified in paragraph (c), shall be compliant with section
3.3 (b) Proposed projects that require water in excess of 100 million gallons per year
3.4must be assessed fees to recover the costs incurred to evaluate the project and the costs
3.5incurred for environmental review. Fees collected under this paragraph must be credited
3.6to an account in the natural resources fund and are appropriated to the commissioner.
3.7 (c) The fee to apply for a permit to appropriate water, in addition to any fee under
3.8paragraph (b)
3.9inspection
3.10public waters or to divert waters for mining must be at least $150, but not more than
3.11$1,000. The fee for a notification to request authorization to conduct a project under a
3.12general permit is $100.
3.13 Sec. 6. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
3.14 Subd. 4. Refund of fees prohibited. A permit application, general permit
3.15notification, or field inspection fee may not be refunded for any reason, even if the
3.16application or request is denied or withdrawn.
3.17 Sec. 7. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
3.18 Subd. 5. State and federal agencies exempt from fee. A permit application,
3.19general permit notification, or field inspection fee may not be imposed on any state agency,
3.20as defined in section
3.21 Sec. 8. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to read:
3.22 Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
3.23permit application, general permit notification, or field inspection fee charged to a town
3.24in connection with the construction or alteration of a town road, bridge, or culvert shall
3.25exceed $100.
3.26 Sec. 9. Minnesota Statutes 2010, section 103G.611, is amended by adding a
3.27subdivision to read:
3.28 Subd. 1a. General permits. The commissioner may issue a general permit to
3.29a governmental subdivision or to the general public to conduct one or more projects
3.30described in subdivision 1. A fee of $100 may be charged for each aeration system used
3.31under a general permit.
4.1 Sec. 10. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
4.2is amended to read:
4.3 Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
4.4permit to a governmental subdivision or to the general public to conduct one or more
4.5projects described in this subdivision. The commissioner may issue permits, with or
4.6without a fee, to:
4.7(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
4.8waters;
4.9(2) transplant aquatic plants into public waters;
4.10(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
4.11under prescribed conditions to protect the waters, desirable species of fish, vegetation,
4.12other forms of aquatic life, and the public.
4.13(b) Application for a permit and a notification to request authorization to conduct a
4.14project under a general permit must be accompanied by a
4.15(c) An aquatic plant management permit is valid for one growing season and expires
4.16on December 31 of the year it is issued unless the commissioner stipulates a different
4.17expiration date in rule or in the permit.
4.18(d) A general permit may authorize a project for more than one growing season.
4.19 Sec. 11. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
4.20is amended to read:
4.21 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
4.22control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
4.23section
4.24days after it has been reported to the legislature. The fees shall not exceed $2,500 per
4.25permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
4.26the permit, and additional costs incurred after the application to inspect and monitor
4.27the activities authorized by the permit, and enforce aquatic plant management rules and
4.28permit requirements.
4.29 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
4.30parcel of shoreline owned by an owner may be charged. This fee may not be charged for
4.31permits issued in connection with purple loosestrife control or lakewide Eurasian water
4.32milfoil control programs.
4.33 (c) A fee may not be charged to the state or a federal governmental agency applying
4.34for a permit.
5.1 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
5.2water basin that is 20 acres or less in size shall be one-half of the fee established under
5.3paragraph (a).
5.4(e) The money received for the permits under this subdivision shall be deposited in
5.5the treasury and credited to the water recreation account.
5.6(f) The fee for processing a notification to request authorization for work under a
5.7general permit is $30, until the commissioner establishes a fee by rule as provided under
5.8this subdivision.
