Bill Text: MN SF1115 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus natural resources policy provisions modification
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-27 - Governor approval [SF1115 Detail]
Download: Minnesota-2011-SF1115-Engrossed.html
Bill Title: Omnibus natural resources policy provisions modification
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-27 - Governor approval [SF1115 Detail]
Download: Minnesota-2011-SF1115-Engrossed.html
1.2relating to natural resources; modifying pesticide control; providing for certain
1.3acquisition by exchange; modifying peatland protection; modifying fees
1.4and fee disposition; modifying invasive species provisions; modifying cash
1.5match requirement for local recreation grants; modifying state water trails and
1.6waysides; modifying Mineral Coordinating Committee; providing for citizen
1.7oversight committees; creating adopt-a-WMA program; modifying definitions;
1.8modifying operating provisions for certain recreational vehicles; providing for
1.9dual registration of certain motorcycles; requiring nonresident off-road vehicle
1.10state trail pass; modifying watercraft titling; modifying special vehicle use on
1.11roadways; modifying oxygenated gasoline requirements; modifying Water Law;
1.12modifying certain local ordinance requirements; modifying waste management
1.13provisions; modifying landfill cleanup program; modifying environmental
1.14review requirements; modifying disposition of certain lease revenue; providing
1.15for certain easement or lease; providing for bridge designation; requiring
1.16rulemaking; requiring reports; appropriating money;amending Minnesota
1.17Statutes 2010, sections 17.117, subdivision 6a; 18B.03, subdivision 1, as
1.18amended; 41A.105, by adding a subdivision; 84.033, subdivision 1; 84.035,
1.19subdivision 6; 84.777, subdivision 2; 84.788, by adding a subdivision; 84.92,
1.20subdivision 8; 84.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16,
1.2121, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3,
1.224; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13,
1.23subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019,
1.24subdivisions 4b, 4c; 85.32, subdivision 1; 86B.811, by adding a subdivision;
1.2586B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1;
1.2686B.885; 89.17; 93.0015, subdivisions 1, 3; 97A.055, subdivision 4b; 97C.081,
1.27subdivision 4; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8;
1.28103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735;
1.29103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by
1.30adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242,
1.31subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311,
1.32subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by
1.33adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95;
1.34115B.412, subdivision 8, by adding subdivisions; 116D.04, subdivision 2a, as
1.35amended; 168.002, subdivision 18; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
1.36239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter
1.37361, article 4, section 73; Laws 2011, chapter 14, section 16; proposing coding
1.38for new law in Minnesota Statutes, chapters 84; 84D; 86B; 97A; 103G; 116C;
1.39repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6,
2.17, 8; 84D.02, subdivision 4; 85.013, subdivision 2b; 86B.850, subdivision 2;
2.2103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.4 Section 1. Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
2.5 Subd. 6a. Review and ranking of applications. (a) The commissioner shall chair
2.6the a subcommittee established in section
103F.761, subdivision 2, paragraph (b), for
2.7purposes of reviewing and ranking applications and recommending to the commissioner
2.8allocation amounts. The subcommittee consists of representatives of the Departments of
2.9Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
2.10of Water and Soil Resources; the Farm Service Agency and the Natural Resource
2.11Conservation Service of the United States Department of Agriculture; the Association of
2.12Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
2.13and other agencies or associations the commissioner determines are appropriate.
2.14 (b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
2.15criteria it determines appropriate in carrying out the review and ranking:
2.16 (1) whether the proposed activities are identified in a comprehensive water
2.17management plan or other appropriate local planning documents as priorities;
2.18 (2) the potential that the proposed activities have for improving or protecting
2.19environmental quality;
2.20 (3) the extent that the proposed activities support areawide or multijurisdictional
2.21approaches to protecting environmental quality based on defined watershed or similar
2.22geographic areas;
2.23 (4) whether the activities are needed for compliance with existing environmental
2.24laws or rules;
2.25 (5) whether the proposed activities demonstrate participation, coordination, and
2.26cooperation between local units of government and other public agencies;
2.27 (6) whether there is coordination with other public and private funding sources
2.28and programs;
2.29 (7) whether the applicant has targeted specific best management practices to resolve
2.30specific environmental problems;
2.31 (8) past performance of the applicant in completing projects identified in prior
2.32applications and allocation agreements; and
2.33 (9) whether there are off-site public benefits.
2.34 Sec. 2. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws
2.352011, chapter 14, section 7, is amended to read:
3.1 Subdivision 1. Administration by commissioner. The commissioner shall
3.2administer, implement, and enforce this chapter and the Department of Agriculture
3.3is the lead state agency for the regulation of pesticides. The commissioner has the
3.4sole regulatory authority over the terrestrial application of pesticides, including, but
3.5not limited to, the application of pesticides to agricultural crops, structures, and other
3.6nonaquatic environments. Except as provided in subdivision 3, a state agency other than
3.7the Department of Agriculture shall not regulate or require permits for the terrestrial or
3.8nonaquatic application of pesticides.
3.9 Sec. 3. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
3.10to read:
3.11 Subd. 1a. Definitions. For the purpose of this section:
3.12 (1) "biobutanol facility" means a facility at which biobutanol is produced; and
3.13 (2) "biobutanol" means fermentation isobutyl alcohol that is derived from
3.14agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
3.15forest products; or other renewable resources, including residue and waste generated
3.16from the production, processing, and marketing of agricultural products, forest products,
3.17and other renewable resources.
3.18 Sec. 4. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
3.19 Subdivision 1. Acquisition; designation. The commissioner of natural resources
3.20may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
3.21under chapter 117, in the name of the state, lands or any interest in lands suitable and
3.22desirable for establishing and maintaining scientific and natural areas. The commissioner
3.23shall designate any land so acquired as a scientific and natural area by written order
3.24published in the State Register and shall administer any land so acquired and designated as
3.25provided by section86A.05 . Designations of scientific and natural areas are exempt from
3.26the rulemaking provisions of chapter 14 and section14.386 does not apply.
3.27 Sec. 5. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
3.28 Subd. 6. Management plans. The commissioner shall develop in consultation with
3.29the affected local government unit a management plan for each peatland scientific and
3.30natural area designated under section84.036 in a manner prescribed by section
86A.09 .
3.31 The management plan shall address recreational trails. In those peatland scientific
3.32and natural areas where no corridor of disturbance was used as a recreational trail on or
4.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
4.2peatland scientific and natural area, to be used as a recreational motorized trail.
4.3 Sec. 6. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
4.4 Subd. 2. Off-highway vehicle seasonal restrictions. (a)The commissioner shall
4.5prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
4.6forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
4.7outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
4.8hunting season in areas of the state where deer may be taken by rifle. This paragraph
4.9does not apply to a person in possession of a valid deer hunting license operating an
4.10off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
4.11 (b) The commissioner may designate and post winter trails on state forest lands
4.12for use by off-highway vehicles.
4.13 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
4.14the authority of the commissioner as defined in section89.001 , subdivision 13, and lands
4.15managed by the commissioner under section282.011 .
4.16 Sec. 7. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
4.17to read:
4.18 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
4.19this section may also be registered as a motorcycle under chapter 168 for use on public
4.20roads and highways.
4.21 (b) If the off-highway motorcycle was not originally constructed primarily for use
4.22on public roads and highways, the off-highway motorcycle must be equipped with mirrors
4.23and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
4.24requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
4.25Act, Code of Federal Regulations, title 49, part 571, and the regulations adopted under
4.26that federal act, for motorcycles regarding safety and acceptability to operate on public
4.27roads and highways.
4.28 (c) An applicant for registration under chapter 168 must submit a form, prescribed
4.29by the commissioner of public safety.
4.30(d) For the purposes of this subdivision, off-highway motorcycle according to
4.31section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart;
4.32moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for
4.33lawn maintenance, agriculture, logging, or mining purposes.
4.34EFFECTIVE DATE.This section is effective January 1, 2012.
5.1 Sec. 8. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
5.2 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
5.3vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
5.4nonresident off-road vehicle state trail pass sticker issued according to this section.
5.5The pass must be viewable by a peace officer, a conservation officer, or an employee
5.6designated under section84.0835 .
5.7 (b) The fee for an annual pass is $20. The pass is valid from January 1 through
5.8December 31. The fee for a three-year pass is $30. The commissioner of natural resources
5.9shall issue a pass upon application and payment of the fee. Fees collected under this
5.10section, except for the issuing fee for licensing agents, shall be deposited in the state
5.11treasury and credited to the off-road vehicle account in the natural resources fund and,
5.12except for the electronic licensing system commission established by the commissioner
5.13under section84.027 , subdivision 15, must be used for grants-in-aid to counties and
5.14municipalities for off-road vehicle organizations to construct and maintain off-road
5.15vehicle trails and use areas.
5.16 (c) A nonresident off-road vehicle state trail pass is not required for:
5.17 (1) an off-road vehicle that is owned and used by the United States, another state,
5.18or a political subdivision thereof that is exempt from registration under section84.798 ,
5.19subdivision 2;
5.20 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
5.21by the person or the person's spouse, child, or parent; or
5.22 (3) a nonresident operating an off-road vehicle that is registered according to section
5.2384.798 .
5.24 Subd. 2. License agents. The commissioner may appoint agents to issue and
5.25sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
5.26appointment of an agent at any time. The commissioner may adopt additional rules as
5.27provided in section97A.485, subdivision 11 . An agent shall observe all rules adopted
5.28by the commissioner for accounting and handling of passes pursuant to section97A.485,
5.29subdivision 11 . An agent shall promptly deposit and remit all money received from the
5.30sale of the passes, exclusive of the issuing fee, to the commissioner.
5.31 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
5.32nonresident off-road vehicle state trail passes. The commissioner shall also make the
5.33passes available through the electronic licensing system established under section84.027 ,
5.34subdivision 15.
5.35 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
5.36shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
6.1passes issued by the commissioner shall be deposited in the off-road vehicle account in the
6.2natural resources fund and retained for the operation of the electronic licensing system.
6.3 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
6.4pass to persons whose pass is lost or destroyed using the process established under section
6.597A.405, subdivision 3 , and rules adopted thereunder. The fee for a duplicate nonresident
6.6off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
6.7 Sec. 9. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
6.8 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
6.9motorized flotation-tired vehicle of not less than three low pressure tires, but not more than
6.10six tires, that is limited in engine displacement of less than960 1,000 cubic centimeters
6.11and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
6.12 Sec. 10. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
6.13 Subdivision 1. Program established. (a) The commissioner shall establish a
6.14comprehensive all-terrain vehicle environmental and safety education and training
6.15program, including the preparation and dissemination of vehicle information and safety
6.16advice to the public, the training of all-terrain vehicle operators, and the issuance of
6.17all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
6.18successfully complete the all-terrain vehicle environmental and safety education and
6.19training course.
6.20 (b) For the purpose of administering the program and to defraya portion of the
6.21expenses of training and certifying vehicle operators, the commissioner shall collect a fee
6.22of $15 from each person who receives the training. The commissioner shall collect a fee,
6.23to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
6.24safety certificate. The commissioner shall establishthe fee for a duplicate all-terrain
6.25vehicle safety certificate both fees in a manner that neither significantly overrecovers
6.26nor underrecovers costs, including overhead costs, involved in providing theservice
6.27services. The fees are not subject to the rulemaking provisions of chapter 14 and section
6.2814.386 does not apply. The fees may be established by the commissioner notwithstanding
6.29section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
6.30subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
6.31fund and the amount thereof, except for the electronic licensing system commission
6.32established by the commissioner under section 84.027, subdivision 15, and issuing fees
6.33collected by the commissioner, is appropriated annually to the Enforcement Division of
6.34the Department of Natural Resources for the administration of the programs. In addition
7.1to the fee established by the commissioner, instructors may charge each person up to the
7.2established fee amount for class materials and expenses.
7.3 (c) The commissioner shall cooperate with private organizations and associations,
7.4private and public corporations, and local governmental units in furtherance of the
7.5program established under this section. School districts may cooperate with the
7.6commissioner and volunteer instructors to provide space for the classroom portion of the
7.7training. The commissioner shall consult with the commissioner of public safety in regard
7.8to training program subject matter and performance testing that leads to the certification
7.9of vehicle operators.By June 30, 2003, The commissioner shall incorporate a riding
7.10component in the safety education and training program.
7.11 Sec. 11. Minnesota Statutes 2010, section 84.9257, is amended to read:
7.1284.9257 PASSENGERS.
7.13 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
7.14carrying only one passenger.
7.15 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
7.16carryinga only one passenger, or up to the number of passengers for which the vehicle
7.17was designed, whichever is greater.
7.18 (c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
7.19only one passenger and the passenger must be the person's parent or legal guardian.
7.20 Sec. 12. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.21to read:
7.22 Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
7.23or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
7.24species using the "Recommended Uniform Minimum Protocols and Standards for
7.25Watercraft Interception Programs for Dreissenid Mussels in the Western United States"
7.26(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species,
7.27or other protocols developed by the commissioner.
7.28EFFECTIVE DATE.This section is effective the day following final enactment
7.29and applies to violations committed on or after that date.
7.30 Sec. 13. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
7.31 Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
7.32nonnative species into a free-living state. Introduce does not include:
8.1(1) the immediate return of a nonnative species to waters of the state from which the
8.2nonnative species was removed; or
8.3(2) the seasonal return of nonnative species attached to water-related equipment,
8.4such as a dock or boat lift, that has been stored on riparian property and directly returned
8.5to the same waters of the state from which the water-related equipment was removed.
8.6EFFECTIVE DATE.This section is effective the day following final enactment
8.7and applies to violations committed on or after that date.
8.8 Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.9to read:
8.10 Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
8.11determine whether aquatic invasive species, aquatic macrophytes, or water is present and
8.12includes removal, drainage, decontamination, or treatment to prevent the transportation
8.13and spread of aquatic invasive species, aquatic macrophytes, and water.
8.14EFFECTIVE DATE.This section is effective the day following final enactment
8.15and applies to violations committed on or after that date.
8.16 Sec. 15. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.17to read:
8.18 Subd. 8c. Inspector. "Inspector" means: (1) an individual trained and authorized by
8.19the commissioner to inspect water-related equipment under section 84D.105, subdivision
8.202, paragraph (a); or (2) a conservation officer or a licensed peace officer.
8.21EFFECTIVE DATE.This section is effective the day following final enactment
8.22and applies to violations committed on or after that date.
8.23 Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.24to read:
8.25 Subd. 15a. Service provider. "Service provider" means an individual who
8.26installs or removes water-related equipment or structures from waters of the state for
8.27hire. "Service provider" does not include a person working under the supervision of an
8.28individual with a valid service provider permit issued under section 84D.108.
8.29EFFECTIVE DATE.This section is effective the day following final enactment
8.30and applies to violations committed on or after that date.
9.1 Sec. 17. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
9.2 Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
9.3carried or moved into or within the state, and includes accepting or receiving the species
9.4for transportation or shipment. Transport does not include:
9.5 (1) thetransport movement of infested water or a nonnative species within a water
9.6of the state or to a connected water of the state where the species being transported is
9.7already present.; or
9.8 (2) the movement of a nonnative species attached to water-related equipment or
9.9other water-related structures from a water of the state to the shore of riparian property on
9.10that water or the return of water-related equipment or structures from the shore into the
9.11same water of the state.
9.12EFFECTIVE DATE.This section is effective the day following final enactment
9.13and applies to violations committed on or after that date.
9.14 Sec. 18. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
9.15to read:
9.16 Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
9.17vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
9.18any other associated equipment or container, including but not limited to portable bait
9.19containers, live wells, ballast tanks except for those vessels permitted under the Pollution
9.20Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
9.21is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
9.22or water.
9.23EFFECTIVE DATE.This section is effective the day following final enactment
9.24and applies to violations committed on or after that date.
9.25 Sec. 19. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
9.26 Subd. 21. Wild animal. "Wild animal"means a living creature, not human, wild by
9.27nature, endowed with sensation and power of voluntary motion has the meaning given
9.28under section 97A.015, subdivision 55.
9.29EFFECTIVE DATE.This section is effective the day following final enactment
9.30and applies to violations committed on or after that date.
9.31 Sec. 20. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
10.1 Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
10.2report on invasive species of aquatic plants and wild animals to the legislative committees
10.3having jurisdiction over environmental and natural resource issues. The report must
10.4include:
10.5 (1) detailed information on expenditures for administration, education, management,
10.6inspections, and research;
10.7 (2) an analysis of the effectiveness of management activities conducted in the state,
10.8including chemical control, harvesting, educational efforts, and inspections;
10.9 (3) information on the participation of other state agencies, local government units,
10.10and interest groups in control efforts;
10.11 (4) information on the progress made in the management of each species; and
10.12 (5) an assessment of future management needs and additional measures to protect
10.13the state's water resources from human transport and introduction of invasive species.
10.14EFFECTIVE DATE.This section is effective the day following final enactment
10.15and applies to violations committed on or after that date.
10.16 Sec. 21. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
10.17 Subd. 3. Bait harvest from infested waters. (a)The Taking of wild animals from
10.18infested waters for bait or aquatic farm purposes is prohibited, except as provided in
10.19paragraph (b) and section 97C.341.
10.20 (b) In waters that are designated as infested waters, except those designated because
10.21they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
10.22under section 17.4982, subdivision 6,the taking of wild animals may be permitted for:
10.23 (1) commercial taking of wild animals for bait and aquatic farm purposes according
10.24to a permit issued under section84D.11 , subject to rules adopted by the commissioner; and
10.25 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
10.26water milfoil, when the infested waters are designated solely because they contain
10.27Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
10.28traps not exceeding 16 inches in diameter and 32 inches in length.
10.29 (c) Equipment authorized for minnow harvest in a designated infested water by
10.30permit issued under paragraph (b) may not be transported to, or used in, any waters other
10.31than waters specified in the permit.
10.32EFFECTIVE DATE.This section is effective the day following final enactment
10.33and applies to violations committed on or after that date.
11.1 Sec. 22. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
11.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
11.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
11.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
11.5an infested water that is designated because it contains invasive fish, invertebrates, or
11.6certifiable diseases, as defined in section17.4982 , may not be used in any other waters. If
11.7a commercial licensee operates inboth an infested water designated because it contains
11.8invasive fish, invertebrates, or certifiable diseases, as defined in section17.4982 , and other
11.9waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.10turtle, frog, or crayfish harvesting in watersnot designated as infested with invasive fish,
11.11invertebrates, or certifiable diseases, as defined in section17.4982 , must be tagged with
11.12tags provided by the commissioner, as specified in the commercial licensee's license or
11.13permit, and may not be used in infested waters designated because the waters contain
11.14invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982 . This
11.15tagging requirement does not apply to commercial fishing equipment used in Lake
11.16Superior.
11.17(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.18turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
11.19contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
11.20minimum of two days before they are used in any other waters, except as provided in this
11.21paragraph. Commercial licensees must notify the department's regional or area fisheries
11.22office or a conservation officer before removing nets or equipment from an infested water
11.23designated solely because it contains Eurasian water milfoil and before resetting those
11.24nets or equipment in any other waters. Upon notification, the commissioner may authorize
11.25a commercial licensee to move nets or equipment to another water without freezing or
11.26drying, if that water is designated as infested solely because it contains Eurasian water
11.27milfoil.
11.28(c) A commercial licensee must remove all aquatic macrophytes from nets and other
11.29equipment when the nets and equipment are removed from waters of the state.
11.30(d) The commissioner shall provide a commercial licensee with a current listing of
11.31designated infested waters at the time that a license or permit is issued.
11.32(e) A person harvesting aquatic life from waters of the state for the purpose of
11.33transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
11.34life shall remain in the holding facility for at least ten hours and be examined for the
11.35presence of invasive species.
11.36(f) This subdivision applies to the state and its departments and agencies.
12.1EFFECTIVE DATE.This section is effective the day following final enactment
12.2and applies to violations committed on or after that date.
12.3 Sec. 23. Minnesota Statutes 2010, section 84D.09, is amended to read:
12.484D.09 AQUATIC MACROPHYTES.
12.5 Subdivision 1. Transportation prohibited. A person may not transport aquatic
12.6macrophyteson any state forest road as defined by section
89.001, subdivision 14, any
12.7road or highway as defined in section
160.02, subdivision 26, or any other public road,
12.8except as provided in this section.
12.9 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
12.10aquatic macrophytes:
12.11 (1) that are duckweeds in the family Lemnaceae;
12.12 (2) for disposal as part of a harvest or control activity conducted under an aquatic
12.13plant management permit pursuant to section103G.615 , under permit pursuant to section
12.1484D.11
, or as specified by the commissioner;
12.15 (3) for purposes of constructing shooting or observation blinds in amounts sufficient
12.16for that purpose, provided that the aquatic macrophytes are emergent and cut above the
12.17waterline;
12.18 (4) when legally purchased or traded by or from commercial or hobbyist sources for
12.19aquarium, wetland or lakeshore restoration, or ornamental purposes;
12.20 (5) when harvested for personal or commercial use if in a motor vehicle;
12.21 (6) to the department, or another destination as the commissioner may direct, in a
12.22sealed container for purposes of identifying a species or reporting the presence of a species;
12.23 (7) when transporting commercial aquatic plant harvesting or control equipment to a
12.24suitable location for purposes of cleaning any remaining aquatic macrophytes;
12.25 (8) that are wild rice harvested under section84.091 ; or
12.26 (9) in the form of fragments of emergent aquatic macrophytes incidentally
12.27transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
12.28season.; or
12.29 (10) when removing water-related equipment from waters of the state for purposes
12.30of cleaning off aquatic macrophytes before leaving a water access site.
12.31EFFECTIVE DATE.This section is effective the day following final enactment
12.32and applies to violations committed on or after that date.
12.33 Sec. 24. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
13.1 Subdivision 1. Launching prohibited. A person may not place or attempt to
13.2place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
13.3equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
13.4attached except as provided in this section.
13.5EFFECTIVE DATE.This section is effective the day following final enactment
13.6and applies to violations committed on or after that date.
13.7 Sec. 25. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
13.8 Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
13.9peace officer may order:
13.10 (1) the removal of aquatic macrophytes or prohibited invasive species froma trailer
13.11or watercraft water-related equipment before it is placed into waters of the state;
13.12 (2) confinement of thewatercraft water-related equipment at a mooring, dock, or
13.13other location until thewatercraft water-related equipment is removed from the water; and
13.14 (3) removal ofa watercraft water-related equipment from waters of the state
13.15to remove prohibited invasive species if the water has not been designated by the
13.16commissioner as being infested with that species.; and
13.17 (4) a prohibition on placing water-related equipment into waters of the state when
13.18the water-related equipment has aquatic macrophytes or prohibited invasive species
13.19attached in violation of subdivision 1 or when water has not been drained or the drain plug
13.20has not been removed in violation of subdivision 4.
13.21 (b) An inspector who is not a licensed peace officer may issue orders under
13.22paragraph (a), clauses (1), (3), and (4).
13.23EFFECTIVE DATE.This section is effective the day following final enactment
13.24and applies to violations committed on or after that date.
13.25 Sec. 26. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
13.26 Subd. 4. Personsleaving public waters; report transporting water-related
13.27equipment. (a)A person When leaving waters of the state a person must drain
13.28boating-related water-related equipment holding water and live wells and bilges by
13.29removing the drain plug before transporting thewatercraft and associated water-related
13.30equipmenton public roads off the water access site or riparian property.
13.31 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
13.32from ballast tanks, bilges, and live wells must be removed or opened while transporting
13.33watercraft on a public road water-related equipment.
14.1 (c) Emergency response vehicles and equipment may be transported on a public road
14.2with the drain plug or other similar device replaced only after all water has been drained
14.3from the equipment upon leaving the water body.
14.4 (d) Portable bait containers used by licensed aquatic farms and marine sanitary
14.5systemsand portable bait containers are excluded exempt from this requirement
14.6subdivision.
14.7 (e) A person must not dispose of bait in waters of the state.
14.8(b) The commissioner shall report, by January 15 of each odd-numbered year, to
14.9the chairs and ranking minority members of the house of representatives and senate
14.10committees and divisions having jurisdiction over water resources policy and finance. The
14.11report shall advise the legislature on additional measures to protect state water resources
14.12from human transport of invasive species.
14.13EFFECTIVE DATE.This section is effective the day following final enactment
14.14and applies to violations committed on or after that date.
14.15 Sec. 27. [84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
14.16 Subdivision 1. Compliance inspections. Compliance with aquatic invasive
14.17species inspection requirements is an express condition of operating or transporting
14.18water-related equipment. An inspector may prohibit an individual from placing or
14.19operating water-related equipment in waters of the state if the individual refuses to allow
14.20an inspection of the individual's water-related equipment or refuses to remove and dispose
14.21of aquatic invasive species, aquatic macrophytes, and water.
14.22 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
14.23individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
14.24species, and water.
14.25(b) Inspectors may visually and tactilely inspect watercraft and water-related
14.26equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
14.27is present. If a person transporting watercraft or water-related equipment refuses to
14.28take required corrective actions or fails to comply with an order under section 84D.10,
14.29subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a
14.30conservation officer or other licensed peace officer.
14.31(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
14.32may inspect any watercraft or water-related equipment that is stopped at a water access
14.33site, any other public location in the state, or a private location where the watercraft or
14.34water-related equipment is in plain view, if the officer determines there is reason to believe
15.1that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
15.2water-related equipment.
15.3(d) Conservation officers or other licensed peace officers may utilize check stations
15.4in locations, or in proximity to locations, where watercraft or other water-related
15.5equipment is placed into or removed from waters of the state. Any check stations shall be
15.6operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
15.7EFFECTIVE DATE.This section is effective the day following final enactment
15.8and applies to violations committed on or after that date.
15.9 Sec. 28. [84D.108] SERVICE PROVIDER PERMIT.
15.10 Subdivision 1. Service provider permit required. (a) Service providers must apply
15.11for and obtain a permit from the commissioner before providing any services described in
15.12section 84D.01, subdivision 15a.
15.13(b) Service providers must have a valid permit in possession while providing
15.14services described in section 84D.01, subdivision 15a.
15.15 Subd. 2. Permit requirements. (a) Service providers must complete invasive
15.16species training provided by the commissioner and pass an examination to qualify for a
15.17permit. Service provider permits are valid for three calendar years.
15.18(b) A $50 application and testing fee is required for service provider permit
15.19applications.
15.20(c) Persons working for a permittee must satisfactorily complete aquatic invasive
15.21species-related training provided by the commissioner.
15.22 Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
15.23revoke a permit as provided in section 84D.11, subdivision 3.
15.24 Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
15.25in section84D.11 , subdivision 4.
15.26 Sec. 29. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
15.27 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
15.28a permit to allow the harvest of bait from waters that are designated as infested waters,
15.29except those designated because they contain prohibited invasive species of fish. The
15.30permit shall include conditions necessary to avoid spreading aquatic invasive species.
15.31 (b) Before receiving a permit, or working for a permittee, a person annually
15.32must satisfactorily complete aquatic invasive species-related training provided by the
15.33commissioner.
16.1 Sec. 30. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
16.2 Subd. 3. Criminal penalties. (a) A person who violates a provision ofsection
16.3sections84D.03 or
84D.06 ,
84D.07,
84D.08, or
84D.10 to 84D.11, or a rule adopted under
16.4section84D.12 , is guilty of a misdemeanor.
16.5 (b) A person who possesses, transports, or introduces a prohibited invasive species in
16.6violation of section84D.05 is guilty of a misdemeanor. A person who imports, purchases,
16.7sells, or propagates a prohibited invasive species in violation of section84D.05 is guilty
16.8of a gross misdemeanor.
16.9 (c) A person who refuses to obey an order of a peace officer or conservation officer
16.10to remove prohibited invasive species or aquatic macrophytes from anywatercraft, trailer,
16.11or plant harvesting water-related equipment is guilty of a gross misdemeanor.
16.12EFFECTIVE DATE.This section is effective the day following final enactment
16.13and applies to violations committed on or after that date.
16.14 Sec. 31. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
16.15 Subd. 4. Warnings; civil citations. After appropriate training, conservation
16.16officers, other licensed peace officers, and other department personnel designated by the
16.17commissioner may issue warnings or citations to a person who:
16.18 (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
16.19 (2) unlawfully places or attempts to place into waters of the statea trailer, a
16.20watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
16.21or prohibited invasive species attached;
16.22 (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
16.23by rule, Eurasian water milfoil;
16.24 (4) fails to remove plugs, open valves, and drain water, as required by rule, from
16.25watercraft and water-related equipment before leaving designated zebra mussel, spiny
16.26water flea, or other invasive plankton infested waters of the state or when transporting
16.27water-related equipment as provided in section 84D.10, subdivision 4; or
16.28 (5) transports infested water, in violation of rule, off riparian property.
16.29EFFECTIVE DATE.This section is effective the day following final enactment
16.30and applies to violations committed on or after that date.
16.31 Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
16.32 Subd. 5. Civil penalties. A civil citation issued under this section must impose
16.33the following penalty amounts:
17.1 (1) for transporting aquatic macrophyteson a forest road as defined by section
17.289.001, subdivision 14, road or highway as defined by section
160.02, subdivision 26, or
17.3any other public road, $50 in violation of section 84D.09, $50;
17.4 (2) for placing or attempting to place into waters of the statea watercraft, a trailer, or
17.5aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
17.6$100;
17.7 (3) for unlawfully possessing or transporting a prohibited invasive species other
17.8than an aquatic macrophyte, $250;
17.9 (4) for placing or attempting to place into waters of the statea watercraft, a trailer,
17.10or aquatic plant harvesting water-related equipment that has prohibited invasive species
17.11attached when the waters are not designated by the commissioner as being infested with
17.12that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
17.13 (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
17.14prescribed by rule, Eurasian water milfoil, $100;
17.15 (6) for failing to remove plugs, open valves, and drain water, as required by rule,
17.16for infested waters and from watercraft and water-related equipment, other than marine
17.17sanitary systemsand portable bait containers, before leaving waters of the state, $50; and
17.18 (7) for transporting infested water off riparian property without a permit as required
17.19by rule, $200.
17.20EFFECTIVE DATE.This section is effective the day following final enactment
17.21and applies to violations committed on or after that date.
17.22 Sec. 33. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
17.23 Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
17.24for up to a year, the watercraft license of an owner or person in control of a watercraft
17.25or trailer who refuses to submit to an inspection under section84D.02, subdivision 4,
17.2684D.105 or who refuses to comply with a removal order given under this section84D.13 .
17.27EFFECTIVE DATE.This section is effective the day following final enactment
17.28and applies to violations committed on or after that date.
17.29 Sec. 34. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
17.30 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
17.31license suspension is effective 30 days after issuance of the civil citation. A civil penalty
17.32collected under this sectionis payable to must be paid to either: (1) the commissioner
17.33if the citation was issued by a conservation officer and must be credited to the invasive
18.1species account.; or (2) the treasury of the unit of government employing the officer who
18.2issued the civil citation.
18.3EFFECTIVE DATE.This section is effective the day following final enactment
18.4and applies to violations committed on or after that date.
18.5 Sec. 35. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
18.6 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
18.7section86B.415, subdivision 7 , and civil penalties under section
84D.13 , and service
18.8provider permits under section 84D.108, shall be deposited in the invasive species account.
18.9Each year, the commissioner of management and budget shall transfer from the game and
18.10fish fund to the invasive species account, the annual surcharge collected on nonresident
18.11fishing licenses under section97A.475, subdivision 7 , paragraph (b). In fiscal years 2010
18.12and 2011, the commissioner of management and budget shall transfer $725,000 from the
18.13water recreation account under section86B.706 to the invasive species account.
18.14EFFECTIVE DATE.This section is effective the day following final enactment
18.15and applies to violations committed on or after that date.
18.16 Sec. 36. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
18.17 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
18.18any year no use of a motorized vehicle other than a snowmobile, unless authorized by
18.19permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
18.20 (b)From December 1 to April 1 in any year No use of a motorized vehicle other
18.21than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
18.22by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
18.23vehicles, off-road vehicles, or both, and off-highway motorcycles.
18.24 Sec. 37. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
18.25 Subd. 4b. Regional trails. The commissioner shall administer a program to
18.26provide grants to units of government for acquisition and betterment of public land and
18.27improvements needed for trails outside the metropolitan area deemed to be of regional
18.28significance according to criteria published by the commissioner. Recipients must provide
18.29a nonstate cash match of at leastone-half 25 percent of total eligible project costs. If
18.30land used for the trails is not in full public ownership, then the recipients must prove it
18.31is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
18.32make payment to a unit of government upon receiving documentation of reimbursable
19.1expenditures. A unit of government may enter into a lease or management agreement
19.2for the trail, subject to section16A.695 .
19.3 Sec. 38. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
19.4 Subd. 4c. Trail connections. The commissioner shall administer a program to
19.5provide grants to units of government for acquisition and betterment of public land and
19.6improvements needed for trails that connect communities, trails, and parks and thereby
19.7increase the effective length of trail experiences. Recipients must provide a nonstate cash
19.8match of at leastone-half 25 percent of total eligible project costs. If land used for the
19.9trails is not in full public ownership, then the recipients must prove it is dedicated to the
19.10purposes of the grants for at least 20 years. The commissioner shall make payment to a
19.11unit of government upon receiving documentation of reimbursable expenditures. A unit
19.12of government may enter into a lease or management agreement for the trail, subject
19.13to section16A.695 .
19.14 Sec. 39. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
19.15 Subdivision 1. Areas marked. The commissioner of natural resources is authorized
19.16in cooperation with local units of government and private individuals and groups when
19.17feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
19.18Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine,
19.19Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
19.20Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
19.21Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
19.22Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark
19.23appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
19.24whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft
19.25travelers.
19.26 Sec. 40. [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
19.27(a) A watercraft owner or operator must obtain and display an aquatic invasive
19.28species rules decal issued by the commissioner on the owner or operator's watercraft prior
19.29to launching on, entering into, or operating on any waters of the state.
19.30(b) The aquatic invasive species rules decal must be attached to the watercraft.
19.31 Sec. 41. Minnesota Statutes 2010, section 86B.811, is amended by adding a subdivision
19.32to read:
20.1 Subd. 1a. Petty misdemeanor. A watercraft owner who fails to obtain or display
20.2an aquatic invasive species rules decal or a person who operates a watercraft that does
20.3not display an aquatic invasive species rule decal in violation of section 86B.508 is guilty
20.4of a petty misdemeanor.
20.5 Sec. 42. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
20.6 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
20.7on water and used on the waters of this state may obtain a certificate of title for the device,
20.8even though it is not a watercraft as defined in section86B.820, subdivision 14 , in the
20.9same manner and with the same effect as the owner of a watercraft required to be titled
20.10underLaws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
20.11is a titled watercraft as defined in section86B.820, subdivision 13 , and is and remains
20.12subject toLaws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
20.13watercraft required to be titled.
20.14 Sec. 43. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
20.15 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
20.16watercraft upon verification that:
20.17 (1) the application is genuine;
20.18 (2) the applicant is the owner of the watercraft; and
20.19 (3) payment of the required fee.
20.20 (b) The original certificate of title must be mailed to thefirst secured party disclosed
20.21in the application or, if none, to the owner named in the application. Secured parties, if
20.22any, must be mailed notification of their security interest filed.
20.23 Sec. 44. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
20.24 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
20.25certificate of title under this section. The duplicate certificate of title must be a certified
20.26copy plainly marked "duplicate" across its face and must contain the legend: "This
20.27duplicate certificate of title may be subject to the rights of a person under the original
20.28certificate." It must be mailedto the first secured party named in it or, if none, to the owner.
20.29The commissioner shall indicate in the department records that a duplicate has been issued.
20.30 (b) As a condition to issuing a duplicate certificate of title, the commissioner may
20.31require a bond from the applicant in the manner and form prescribed in section86B.830,
20.32subdivision 4 , paragraph (b).
21.1 Sec. 45. Minnesota Statutes 2010, section 86B.885, is amended to read:
21.286B.885 OWNER-CREATED SECURITY INTEREST.
21.3 Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
21.4 (a) The owner shall immediately execute the application in the space provided on the
21.5certificate of title or on a separate form prescribed by the commissioner, show the name
21.6and address of the secured party on the certificate, and have the certificate, application,
21.7and required fee delivered to the secured party.
21.8 (b) The secured party shall immediately have the certificate, application, and
21.9required fee mailed or delivered to the commissioner.
21.10 (c)Upon request of the owner or A second or subordinate secured party, a secured
21.11party in possession of the certificate of title shall either (1) mail or deliver the certificate
21.12to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
21.13from the subordinate secured party the owner's application and the required fee, mail or
21.14deliver them to the commissioner with the certificate. The delivery of the certificate does
21.15not affect the rights of the first secured party under the security agreement.
21.16 (d) Upon receiving the certificate of title, application, and required fee, the
21.17commissioner shall either endorse on the certificate or issue a new certificate containing
21.18the name and address of the new secured party, and mail or deliver the certificate to the
21.19first secured party named on it owner. The secured party or parties shall be issued a
21.20notification that the security interest has been recorded.
21.21 Sec. 46. Minnesota Statutes 2010, section 89.17, is amended to read:
21.2289.17 LEASES AND PERMITS.
21.23(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
21.24have power to grant and execute, in the name of the state, leases and permits for the use of
21.25any forest lands under the authority of the commissioner for any purpose which in the
21.26commissioner's opinion is not inconsistent with the maintenance and management of the
21.27forest lands, on forestry principles for timber production. Every such lease or permit shall
21.28be revocable at the discretion of the commissioner at any time subject to such conditions
21.29as may be agreed on in the lease. The approval of the commissioner of administration
21.30shall not be required upon any such lease or permit. No such lease or permit for a period
21.31exceeding 21 years shall be granted except with the approval of the Executive Council.
21.32(b) Public access to the leased land for outdoor recreation shall be the same as
21.33access would be under state management.
21.34(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable
21.35costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing
22.1of school trust land and university land for roads on forest lands must be deposited into the
22.2respective permanent fund for the lands.
22.3 Sec. 47. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
22.4 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
22.5is established to plan for diversified mineral development. The Mineral Coordinating
22.6Committee consists of:
22.7 (1) the commissioner of natural resources;
22.8 (2) thedeputy commissioner of the Minnesota Pollution Control Agency;
22.9(3) the director of United Steelworkers of America, District 11, or the director's
22.10designee;
22.11(4) (3) the commissioner of Iron Range resources and rehabilitation;
22.12(5) (4) the director of the Minnesota Geological Survey;
22.13(6) (5) the dean of the University of Minnesota Institute of Technology;
22.14(7) (6) the director of the Natural Resources Research Institute; and
22.15(8) three (7) four individuals appointed by the governor for a four-year term, one
22.16each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
22.17minerals industries within the state and one representing labor.
22.18 Sec. 48. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
22.19 Subd. 3. Expiration. Notwithstanding section15.059, subdivision 5 , or other law to
22.20the contrary, the committee expires June 30,2011 2016.
22.21 Sec. 49. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
22.22 Subd. 4b. Citizen oversightsubcommittees committees. (a) The commissioner
22.23shall appointsubcommittees committees of affected persons to review the reports
22.24prepared under subdivision 4; review the proposed work plans and budgets for the coming
22.25year; propose changes in policies, activities, and revenue enhancements or reductions;
22.26review other relevant information; and make recommendations to the legislature and
22.27the commissioner for improvements in the management and use of money in the game
22.28and fish fund.
22.29 (b) The commissioner shall appoint the followingsubcommittees committees, each
22.30comprised of at leastthree ten affected persons:
22.31 (1) a FisheriesOperations Subcommittee Oversight Committee to review fisheries
22.32funding and expenditures,excluding including activities related to trout and salmon stamp
22.33stamps and walleyestamp funding stamps; and
23.1 (2) a WildlifeOperations Subcommittee Oversight Committee to review wildlife
23.2funding and expenditures,excluding including activities related to migratory waterfowl,
23.3pheasant, and wild turkey managementfunding and excluding review of the amounts
23.4available under section
97A.075, subdivision 1, paragraphs (b) and (c); deer and big
23.5game management.
23.6(3) a Big Game Subcommittee to review the report required in subdivision 4,
23.7paragraph (a), clause (2);
23.8(4) an Ecological Resources Subcommittee to review ecological services funding;
23.9(5) a subcommittee to review game and fish fund funding of enforcement and
23.10operations support;
23.11(6) a subcommittee to review the trout and salmon stamp report and address funding
23.12issues related to trout and salmon;
23.13(7) a subcommittee to review the report on the migratory waterfowl stamp and
23.14address funding issues related to migratory waterfowl;
23.15(8) a subcommittee to review the report on the pheasant stamp and address funding
23.16issues related to pheasants;
23.17(9) a subcommittee to review the report on the wild turkey management account and
23.18address funding issues related to wild turkeys; and
23.19(10) a subcommittee to review the walleye stamp and address funding issues related
23.20to walleye stocking.
23.21 (c) The chairsof each of the subcommittees Fisheries Oversight Committee and the
23.22Wildlife Oversight Committee, and four additional members from each committee, shall
23.23form a Budgetary Oversight Committee to coordinate the integration of thesubcommittee
23.24fisheries and wildlife oversight committee reports into an annual report to the legislature;
23.25recommend changes on a broad level in policies, activities, and revenue enhancements or
23.26reductions; and provide a forum to address issues that transcend thesubcommittees; and
23.27submit a report for any subcommittee that fails to submit its report in a timely manner
23.28fisheries and wildlife oversight committees.
23.29 (d) The Budgetary Oversight Committee shall develop recommendations for a
23.30biennial budget plan and report for expenditures on game and fish activities. By August 15
23.31of each even-numbered year, the committee shall submit the budget plan recommendations
23.32to the commissioner and to the senate and house of representatives committees with
23.33jurisdiction over natural resources finance.
23.34 (e)Each subcommittee shall choose its own chair, except that The chairs of the
23.35Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
23.36by their respective committees. The chair of the Budgetary Oversight Committee shall
24.1be appointed by the commissioner and may not be the chair ofany of the subcommittees
24.2either of the other oversight committees.
24.3 (f) The Budgetary Oversight Committeemust may make recommendations to the
24.4commissioner and to the senate and house of representatives committees with jurisdiction
24.5over natural resources finance for outcome goals from expenditures.
24.6 (g) Notwithstanding section15.059, subdivision 5 , or other law to the contrary, the
24.7Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
24.8Oversight Committeeand subcommittees do not expire until June 30, 2010 2015.
24.9 Sec. 50. [97A.134] ADOPT-A-WMA PROGRAM.
24.10 Subdivision 1. Creation. The Minnesota adopt-a-WMA (wildlife management area)
24.11program is established. The commissioner shall coordinate the program through the
24.12regional offices of the Department of Natural Resources.
24.13 Subd. 2. Agreements. (a) The commissioner shall enter into informal agreements
24.14with sporting, outdoor, business, and civic groups or individuals for volunteer services to
24.15maintain and make improvements to real property on state wildlife management areas in
24.16accordance with plans devised by the commissioner after consultation with the groups
24.17or individuals.
24.18 (b) The commissioner may erect appropriate signs to recognize and express
24.19appreciation to groups and individuals providing volunteer services under the
24.20adopt-a-WMA program.
24.21 (c) The commissioner may provide assistance to enhance the comfort and safety of
24.22volunteers and to facilitate the implementation and administration of the adopt-a-WMA
24.23program.
24.24 Sec. 51. Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:
24.25 Subd. 4. Restrictions. (a) The commissioner may by rule establish restrictions on
24.26fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
24.27to restrict activities that affect research or management work, to restrict the number of
24.28boats, and for the safety of contest participants. The commissioner may require mandatory
24.29decontamination of boats participating in fishing contests on infested waters.
24.30(b) By March 1, 2011, the commissioner shall develop a best practices certification
24.31program for fishing contest organizers to ensure the proper handling and release of fish.
24.32 Sec. 52. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
25.1 Subd. 2. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G,
25.2and 115, and the rules and regulations of the respective agencies and governing bodies
25.3vested with jurisdiction and authority under those chapters, the district has the following
25.4powers to:
25.5 (1) regulate the types of boats permitted to use the lake and set service fees;
25.6 (2) limit the use of motors, including their types and horsepower, on the lake;
25.7 (3) regulate, maintain, and police public beaches, public docks, and other public
25.8facilities for access to the lake within the territory of the municipalities;
25.9 (4) limit by rule the use of the lake at various times and the use of various parts of
25.10the lake;
25.11 (5) regulate the speed of boats on the lake and the conduct of other activities on the
25.12lake to secure the safety of the public and the most general public use;
25.13 (6) contract with other law enforcement agencies to police the lake and its shores;
25.14 (7) regulate the construction, installation, and maintenance of permanent and
25.15temporary docks and moorings consistent with federal and state law;
25.16 (8) regulate the construction and use of mechanical and chemical means of deicing
25.17the lake and to regulate the mechanical and chemical means of removal of weeds and
25.18algae from the lake;
25.19 (9) regulate the construction, configuration, size, location, and maintenance of
25.20commercial marinas and their related facilities including parking areas and sanitary
25.21facilities. The regulation shall be consistent with the applicable municipal building codes
25.22and zoning ordinances where said marinas are situated;
25.23 (10) contract with other governmental bodies to perform any of the functions
25.24of the district;
25.25 (11) undertake research to determine the condition and development of the lake and
25.26the water entering it and to transmit their studies to the Pollution Control Agency and other
25.27interested authorities; and to develop a comprehensive program to eliminate pollution;
25.28 (12) receive financial assistance from and join in projects or enter into contracts
25.29with federal and state agencies for the study and treatment of pollution problems and
25.30demonstration programs related to them;
25.31 (13) petition the board of managers of a watershed district where the White Bear
25.32Lake Conservation District is located for improvements under section103D.705 , for
25.33which a bond may not be required of the district; and
25.34 (14) to require the submission of all plans pertaining to or affecting construction or
25.35other lakeshore use on any lot or parcel of land abutting the shoreline including: length
25.36of setback from the shoreline, adjoining property, or any street or highway; problems of
26.1population density; possible water, air or visual pollution; or height of construction. The
26.2board shall have 60 days after submission of plans or any part thereof for review. If, within
26.360 days of submission the board finds the plan or any part is inconsistent with its plans or
26.4ordinances, it may recommend that the plan or any part be revised and resubmitted.
26.5 Sec. 53. Minnesota Statutes 2010, section 103F.705, is amended to read:
26.6103F.705 PURPOSE.
26.7(a) It is the purpose of the legislature in enacting sections
103F.701 to
103F.761
26.8103F.755 to protectand improve, enhance, and restore surface and ground water in the
26.9state, through financial and technical assistance to local units of government tocontrol
26.10prevent water pollution, including that associated with land use and land management
26.11activities., and
26.12(b) It is also the purpose of the legislature to:
26.13(1) identify water quality problems and their causes;
26.14(2) direct technical and financial resources to resolve water quality problems and to
26.15abate their causes;
26.16(3) provide technical and financial resources to local units of government for
26.17implementation of water quality protection and improvement projects;
26.18(4) coordinate a nonpoint source pollution control program with elements of the
26.19existing state water quality program and other existing resource management programs;
26.20and
26.21(5) to provide a legal basis for state implementation of federal laws controlling
26.22nonpoint source water pollution.
26.23 Sec. 54. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
26.24 Subd. 8. Project. "Project" means thediagnostic study identification of water
26.25pollutioncaused by nonpoint sources of water pollution and its causes, a plan to implement
26.26best management practices prevent water pollution or protect and improve water quality,
26.27and thephysical features constructed or actions taken by a local unit of government to
26.28implement best management practices measures taken to prevent water pollution or
26.29protect and improve water quality.
26.30 Sec. 55. Minnesota Statutes 2010, section 103F.715, is amended to read:
26.31103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
26.32 A clean water partnership program is established as provided in sections103F.701 to
26.33103F.761
103F.755. The agency shall administer the program in accordance with these
27.1sections.As a basis for the program, the agency and the Metropolitan Council shall
27.2conduct an assessment of waters in accordance with section
103F.721. The agency shall
27.3then provide financial and technical assistance in accordance with section
103F.725 to local
27.4units of government for projects in geographical areas that contribute to surface or ground
27.5water flows. The projects shall provide for protectionand improvement, enhancement, or
27.6restoration of surface and ground waterfrom nonpoint sources of water pollution.
27.7 Sec. 56. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
27.8 Subdivision 1. Grants. (a) The agency may award grants for up to 50 percent
27.9of the eligible cost for: projects.
27.10(1) the development of a diagnostic study and implementation plan; and
27.11(2) the implementation of that plan.
27.12 (b) The agency shall determine which costs are eligible costs and grants shall be
27.13made and used only for eligible costs.
27.14 Sec. 57. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to
27.15read:
27.16 Subd. 1a. Loans. (a) Up to$36,000,000 $50,000,000 of the balance in the clean
27.17water revolving fund in section446A.07 , as determined by the Public Facilities Authority,
27.18may be provided to the commissioner forthe establishment of a clean water partnership
27.19loan program.
27.20 (b) The agency may award loans for up to 100 percent of the costs associated with
27.21activities identified by the agency as best management practices pursuant to section
27.22319 and section 320 of the federal Water Quality Act of 1987, as amended, including
27.23associated administrative costs.
27.24 (c) Loans may be used to finance clean water partnership grant project eligible costs
27.25not funded by grant assistance.
27.26 (d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
27.27shall be determined by the agency in consultation with the Public Facilities Authority.
27.28 (e) The repayment must be deposited in the clean water revolving fund under section
27.29446A.07
.
27.30 (f) The local unit of government receiving the loan is responsible for repayment of
27.31the loan.
27.32 (g) For the purpose of obtaining a loan from the agency, a local government unit
27.33may provide to the agency its general obligation note. All obligations incurred by a local
27.34government unit in obtaining a loan from the agency must be in accordance with chapter
28.1475, except that so long as the obligations are issued to evidence a loan from the agency
28.2to the local government unit, an election is not required to authorize the obligations
28.3issued, and the amount of the obligations shall not be included in determining the net
28.4indebtedness of the local government unit under the provisions of any law or chapter
28.5limiting the indebtedness.
28.6 Sec. 58. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
28.7 Subd. 2. Eligibility; documents required. (a) Local units of government are
28.8eligible to apply for assistance. An applicant for assistance shall submitthe following
28.9to the agency:
28.10 (1)an application a project proposal form as prescribed by the agency; and
28.11 (2) evidence that the applicant has consulted with the involved local soil and
28.12water conservation districts and watershed districts, where they exist, in preparing the
28.13application; and.
28.14(3) (b) The proposed project must be identified in at least one of the following
28.15documents:
28.16(i) (1) the comprehensive water plan authorized under sections
103B.301 to
28.17103B.355
;
28.18(ii) (2) a surface water management plan required under section
103B.231 ;
28.19(iii) (3) an overall plan required under chapter 103D; or
28.20(iv) (4) any other local plan that provides an inventory of existing physical and
28.21hydrologic information on the area, a general identification of water quality problems
28.22and goals, and that demonstrates a local commitment to water quality protectionor
28.23improvement., enhancement, or restoration;
28.24 (5) an approved total maximum daily load (TMDL) or a TMDL implementation
28.25plan; or
28.26 (6) a watershed protection and restoration strategy implementation plan.
28.27(b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
28.28water plan under the Comprehensive Local Water Management Act, chapter 103D, or
28.29sections
103B.211 to
103B.255, will be eligible under paragraph (a), clause (3).
28.30(c) The document submitted in compliance with paragraph (a), clause (2), must
28.31identify existing and potential nonpoint source water pollution problems and must
28.32recognize the need and demonstrate the applicant's commitment to abate or prevent water
28.33pollution from nonpoint sources in the geographic areas for which the application is
28.34submitted.
29.1 Sec. 59. Minnesota Statutes 2010, section 103F.735, is amended to read:
29.2103F.735 AGENCY REVIEW OFAPPLICATIONS PROPOSALS.
29.3 Subdivision 1. Ranking ofapplications proposals. The agency shall rank
29.4applications proposals for technical and financial assistance in order of priority and shall,
29.5within the limits of available appropriations, grant thoseapplications proposals having
29.6the highest priority. The agency shall by rule adopt appropriate criteria to determine
29.7the priority of projects.
29.8 Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best
29.9demonstrate compliance with the objectives in paragraphs (b) to(e) (d).
29.10 (b) The project demonstrates participation, coordination, and cooperation between
29.11local units of governmentand, other public agencies, including soil and water conservation
29.12districts or watershed districts, or both those districts and local stakeholders.
29.13 (c) The degree of water qualityimprovement or protection, enhancement, or
29.14restoration is maximized relative to the cost of implementing the best management
29.15practices.
29.16 (d) Best management practices provide a feasible means to abate or prevent nonpoint
29.17source water pollution.
29.18(e) The project goals and objectives are consistent with the state water quality
29.19management plans, the statewide resource assessment conducted under section
103F.721,
29.20and other applicable state and local resource management programs.
29.21 Sec. 60. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
29.22 Subdivision 1. Implementation according to law and contract. A local unit
29.23of government receiving technical or financial assistance, or both, from the agency
29.24shall carry out theimplementation plan project approved by the agency according to the
29.25terms of the plan, the provisions of a contract or grant agreement made with the agency
29.26and according to sections103F.701 to
103F.761 103F.755, the rules of the agency, and
29.27applicable federal requirements.
29.28 Sec. 61. Minnesota Statutes 2010, section 103F.745, is amended to read:
29.29103F.745 RULES.
29.30 (a) The agency shall adopt rules necessary to implement sections103F.701 to
29.31103F.761
103F.755. The rules shall contain at a minimum:
29.32 (1) procedures to be followed by local units of government in applying for technical
29.33or financial assistance or both;
29.34 (2) conditions for the administration of assistance;
30.1 (3)procedures for the development, evaluation, and implementation of best
30.2management practices requirements for a project;
30.3 (4)requirements for a diagnostic study and implementation plan criteria for the
30.4evaluation and approval of a project;
30.5 (5)criteria for the evaluation and approval of a diagnostic study and implementation
30.6plan;
30.7(6) criteria for the evaluation of best management practices;
30.8(7) criteria for the ranking of projects in order of priority for assistance;
30.9(8) (6) criteria for defining and evaluating eligible costs and cost-sharing by local
30.10units of government applying for assistance;
30.11 (7) requirements for providing measurable outcomes; and
30.12(9) (8) other matters as the agency and the commissioner find necessary for the proper
30.13administration of sections103F.701 to
103F.761 103F.755, including any rules determined
30.14by the commissioner to be necessary for the implementation of federal programs tocontrol
30.15nonpoint source water pollution protect, enhance, or restore water quality.
30.16 (b) For financial assistance by loan under section103F.725, subdivision 1a , criteria
30.17established by rulefor the clean water partnership grants program shall guide requirements
30.18and administrative proceduresfor the loan program until January 1, 1996, or the effective
30.19date of the administrative rules for the clean water partnership loan program, whichever
30.20occurs first.
30.21 Sec. 62. Minnesota Statutes 2010, section 103F.751, is amended to read:
30.22103F.751 NONPOINT SOURCE POLLUTIONCONTROL MANAGEMENT
30.23PLAN AND PROGRAM EVALUATION.
30.24 To coordinate the programs and activities used to control nonpoint sources of
30.25pollution to achieve the state's water quality goals, the agency shall:
30.26(1) develop a state plan for the control of nonpoint source water pollution to meet
30.27the requirements of the federal Clean Water Act;, and,
30.28(2) work through the Environmental Quality Board to coordinate the activities
30.29and programs of federal, state, and local agencies involved in nonpoint source pollution
30.30control and, as appropriate, develop agreements with federal and state agencies to
30.31accomplish the purposes and objectives of the state nonpoint source pollutioncontrol
30.32management plan; and.
30.33(3) evaluate the effectiveness of programs in achieving water quality goals
30.34and recommend to the legislature, under section
3.195, subdivision 1, any necessary
30.35amendments to sections
103F.701 to
103F.761.
31.1 Sec. 63. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to
31.2read:
31.3 Subd. 10e. Local government unit. "Local government unit" means:
31.4 (1) outside of the seven-county metropolitan area, a city council, county board of
31.5commissioners, or a soil and water conservation district or their delegate;
31.6 (2) in the seven-county metropolitan area, a city council, a town board under section
31.7368.01
, a watershed management organization under section
103B.211 , or a soil and water
31.8conservation district or their delegate;and
31.9 (3) on state land, the agency with administrative responsibility for the land; and
31.10 (4) for wetland banking projects established solely for replacing wetland impacts
31.11under a permit to mine under section 93.481, the commissioner of natural resources.
31.12 Sec. 64. Minnesota Statutes 2010, section 103G.005, is amended by adding a
31.13subdivision to read:
31.14 Subd. 10f. Electronic transmission. "Electronic transmission" means the transfer
31.15of data or information through an electronic data interchange system consisting of, but not
31.16limited to, computer modems and computer networks. Electronic transmission specifically
31.17means electronic mail, unless other means of electronic transmission are mutually agreed
31.18to by the sender and recipient.
31.19 Sec. 65. Minnesota Statutes 2010, section 103G.2212, is amended to read:
31.20103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS
31.21OR FILLS WETLANDS.
31.22 Subdivision 1. Conditions for employees and agents to drain or fill wetlands.
31.23 An agent or employee of another may not drain or fill a wetland, wholly or partially,
31.24unless the agent or employee has:
31.25 (1) obtained a signed statement from the property owner stating that the wetland
31.26replacement plan required for the work has been obtained or that a replacement plan
31.27is not required; and
31.28 (2) mailed or sent by electronic transmission a copy of the statement to the local
31.29government unit with jurisdiction over the wetland.
31.30 Subd. 2. Violation is separate offense. Violation of this section is a separate and
31.31independent offense from other violations of sections103G.2212 to
103G.237 .
31.32 Subd. 3. Form for compliance with this section. The board shall develop a form
31.33to be distributed to contractors' associations, local government units, and soil and water
31.34conservation districts to comply with this section. The form must include:
32.1 (1) a listing of the activities for which a replacement plan is required;
32.2 (2) a description of the penalties for violating sections103G.2212 to
103G.237 ;
32.3 (3) the telephone number to call for information on the responsible local government
32.4unit;
32.5 (4) a statement that national wetland inventory maps are on file with the soil and
32.6water conservation district office; and
32.7 (5) spaces for a description of the work and the names, mailing addresses or other
32.8contact information, and telephone numbers of the person authorizing the work and the
32.9agent or employee proposing to undertake it.
32.10 Sec. 66. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
32.11 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
32.12partially, unless replaced by restoring or creating wetland areas of at least equal public
32.13value under a replacement plan approved as provided in section103G.2242 , a replacement
32.14plan under a local governmental unit's comprehensive wetland protection and management
32.15plan approved by the board under section103G.2243 , or, if a permit to mine is required
32.16under section93.481 , under a mining reclamation plan approved by the commissioner
32.17under the permit to mine. For project-specific wetland replacement completed prior to
32.18wetland impacts authorized or conducted under a permit to mine within the Great Lakes
32.19and Rainy River watershed basins, those basins shall be considered a single watershed
32.20for purposes of determining wetland replacement ratios. Mining reclamation plans shall
32.21apply the same principles and standards for replacing wetlands by restoration or creation
32.22of wetland areas that are applicable to mitigation plans approved as provided in section
32.23103G.2242
. Public value must be determined in accordance with section
103B.3355 or
32.24a comprehensive wetland protection and management plan established under section
32.25103G.2243
. Sections
103G.221 to
103G.2372 also apply to excavation in permanently
32.26and semipermanently flooded areas of types 3, 4, and 5 wetlands.
32.27 (b) Replacement must be guided by the following principles in descending order
32.28of priority:
32.29 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
32.30the wetland;
32.31 (2) minimizing the impact by limiting the degree or magnitude of the wetland
32.32activity and its implementation;
32.33 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
32.34wetland environment;
33.1 (4) reducing or eliminating the impact over time by preservation and maintenance
33.2operations during the life of the activity;
33.3 (5) compensating for the impact by restoring a wetland; and
33.4 (6) compensating for the impact by replacing or providing substitute wetland
33.5resources or environments.
33.6 For a project involving the draining or filling of wetlands in an amount not exceeding
33.710,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
33.8paragraph (a), the local government unit may make an on-site sequencing determination
33.9without a written alternatives analysis from the applicant.
33.10 (c) If a wetland is located in a cultivated field, then replacement must be
33.11accomplished through restoration only without regard to the priority order in paragraph
33.12(b), provided that a deed restriction is placed on the altered wetland prohibiting
33.13nonagricultural use for at least ten years.
33.14 (d) If a wetland is drained under section103G.2241, subdivision 2 , paragraphs
33.15(b) and (e), the local government unit may require a deed restriction that prohibits
33.16nonagricultural use for at least ten years unless the drained wetland is replaced as provided
33.17under this section. The local government unit may require the deed restriction if it
33.18determines the wetland area drained is at risk of conversion to a nonagricultural use within
33.19ten years based on the zoning classification, proximity to a municipality or full service
33.20road, or other criteria as determined by the local government unit.
33.21 (e) Restoration and replacement of wetlands must be accomplished in accordance
33.22with the ecology of the landscape area affected and ponds that are created primarily to
33.23fulfill storm water management, and water quality treatment requirements may not be
33.24used to satisfy replacement requirements under this chapter unless the design includes
33.25pretreatment of runoff and the pond is functioning as a wetland.
33.26 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
33.27located on nonagricultural land, replacement must be in the ratio of two acres of replaced
33.28wetland for each acre of drained or filled wetland.
33.29 (g) For a wetland or public waters wetland located on agricultural land or in a greater
33.30than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
33.31for each acre of drained or filled wetland.
33.32 (h) Wetlands that are restored or created as a result of an approved replacement plan
33.33are subject to the provisions of this section for any subsequent drainage or filling.
33.34 (i) Except in a greater than 80 percent area, only wetlands that have been restored
33.35from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
33.36wetlands created by dikes or dams along public or private drainage ditches, or wetlands
34.1created by dikes or dams associated with the restoration of previously drained or filled
34.2wetlands may be used in a statewide banking program established in rules adopted under
34.3section103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally
34.4occurring wetlands from one type to another are not eligible for enrollment in a statewide
34.5wetlands bank.
34.6 (j) The Technical Evaluation Panel established under section103G.2242, subdivision
34.72 , shall ensure that sufficient time has occurred for the wetland to develop wetland
34.8characteristics of soils, vegetation, and hydrology before recommending that the wetland
34.9be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
34.10to believe that the wetland characteristics may change substantially, the panel shall
34.11postpone its recommendation until the wetland has stabilized.
34.12 (k) This section and sections103G.223 to
103G.2242 ,
103G.2364 , and
103G.2365
34.13apply to the state and its departments and agencies.
34.14 (l) For projects involving draining or filling of wetlands associated with a new public
34.15transportation project, and for projects expanded solely for additional traffic capacity,
34.16public transportation authorities may purchase credits from the board at the cost to the
34.17board to establish credits. Proceeds from the sale of credits provided under this paragraph
34.18are appropriated to the board for the purposes of this paragraph. For the purposes of this
34.19paragraph, "transportation project" does not include an airport project.
34.20 (m) A replacement plan for wetlands is not required for individual projects that
34.21result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
34.22or replacement of a currently serviceable existing state, city, county, or town public road
34.23necessary, as determined by the public transportation authority, to meet state or federal
34.24design or safety standards or requirements, excluding new roads or roads expanded solely
34.25for additional traffic capacity lanes. This paragraph only applies to authorities for public
34.26transportation projects that:
34.27 (1) minimize the amount of wetland filling or draining associated with the project
34.28and consider mitigating important site-specific wetland functions on site;
34.29 (2) except as provided in clause (3), submit project-specific reports to the board, the
34.30Technical Evaluation Panel, the commissioner of natural resources, and members of the
34.31public requesting a copy at least 30 days prior to construction that indicate the location,
34.32amount, and type of wetlands to be filled or drained by the project or, alternatively,
34.33convene an annual meeting of the parties required to receive notice to review projects to
34.34be commenced during the upcoming year; and
34.35 (3) for minor and emergency maintenance work impacting less than 10,000 square
34.36feet, submit project-specific reports, within 30 days of commencing the activity, to the
35.1board that indicate the location, amount, and type of wetlands that have been filled
35.2or drained.
35.3 Those required to receive notice of public transportation projects may appeal
35.4minimization, delineation, and on-site mitigation decisions made by the public
35.5transportation authority to the board according to the provisions of section103G.2242,
35.6subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
35.7decisions made by the public transportation authority and provide recommendations
35.8regarding on-site mitigation if requested to do so by the local government unit, a
35.9contiguous landowner, or a member of the Technical Evaluation Panel.
35.10 Except for state public transportation projects, for which the state Department of
35.11Transportation is responsible, the board must replace the wetlands, and wetland areas of
35.12public waters if authorized by the commissioner or a delegated authority, drained or filled
35.13by public transportation projects on existing roads.
35.14 Public transportation authorities at their discretion may deviate from federal and
35.15state design standards on existing road projects when practical and reasonable to avoid
35.16wetland filling or draining, provided that public safety is not unreasonably compromised.
35.17The local road authority and its officers and employees are exempt from liability for
35.18any tort claim for injury to persons or property arising from travel on the highway and
35.19related to the deviation from the design standards for construction or reconstruction under
35.20this paragraph. This paragraph does not preclude an action for damages arising from
35.21negligence in construction or maintenance on a highway.
35.22 (n) If a landowner seeks approval of a replacement plan after the proposed project
35.23has already affected the wetland, the local government unit may require the landowner to
35.24replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
35.25required.
35.26 (o) A local government unit may request the board to reclassify a county or
35.27watershed on the basis of its percentage of presettlement wetlands remaining. After
35.28receipt of satisfactory documentation from the local government, the board shall change
35.29the classification of a county or watershed. If requested by the local government unit,
35.30the board must assist in developing the documentation. Within 30 days of its action to
35.31approve a change of wetland classifications, the board shall publish a notice of the change
35.32in the Environmental Quality Board Monitor.
35.33 (p) One hundred citizens who reside within the jurisdiction of the local government
35.34unit may request the local government unit to reclassify a county or watershed on the basis
35.35of its percentage of presettlement wetlands remaining. In support of their petition, the
35.36citizens shall provide satisfactory documentation to the local government unit. The local
36.1government unit shall consider the petition and forward the request to the board under
36.2paragraph (o) or provide a reason why the petition is denied.
36.3 Sec. 67. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
36.4 Subd. 3. Wetland replacement siting. (a)Siting wetland replacement Impacted
36.5wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less
36.6than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in
36.7a less than 50 percent area. All wetland replacement must follow this priority order:
36.8 (1) on site or in the same minor watershed as theaffected impacted wetland;
36.9 (2) in the same watershed as theaffected impacted wetland;
36.10 (3) in the same county or wetland bank service area as theaffected impacted wetland;
36.11 (4)for replacement by wetland banking, in the same wetland bank service area as
36.12the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
36.13a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
36.14less than 50 percent area;
36.15(5) for project specific replacement, in an adjacent watershed to the affected wetland,
36.16or for replacement by wetland banking, in an adjacent another wetland bank service
36.17area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent
36.18area and impacts in a less than 50 percent area must be replaced in a less than 50 percent
36.19area; and
36.20(6) (5) statewide for public transportation projects, except that wetlands affected
36.21impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and
36.22wetlandsaffected impacted in the seven-county metropolitan area must be replaced at a
36.23ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan
36.24counties, or (iii) in one of the major watersheds that are wholly or partially within the
36.25seven-county metropolitan area, but at least one to one must be replaced within the
36.26seven-county metropolitan area.
36.27 (b)Notwithstanding paragraph (a), siting wetland replacement in greater than 80
36.28percent areas may follow the priority order under this paragraph: (1) by wetland banking
36.29after evaluating on-site replacement and replacement within the watershed; (2) replaced
36.30in an adjacent wetland bank service area if wetland bank credits are not reasonably
36.31available in the same wetland bank service area as the affected wetland, as determined by
36.32a comprehensive inventory approved by the board; and (3) statewide.
36.33(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
36.34metropolitan area must follow the priority order under this paragraph: (1) in the affected
36.35county; (2) in another of the seven metropolitan counties; or (3) in one of the major
37.1watersheds that are wholly or partially within the seven-county metropolitan area, but at
37.2least one to one must be replaced within the seven-county metropolitan area.
37.3(d) The exception in paragraph (a), clause (6) (5), does not apply to replacement
37.4completed using wetland banking credits established by a person who submitted a
37.5complete wetland banking application to a local government unit by April 1, 1996.
37.6(e) (c) When reasonable, practicable, and environmentally beneficial replacement
37.7opportunities are not available in siting priorities listed in paragraph (a), the applicant
37.8may seek opportunities at the next level.
37.9(f) (d) For the purposes of this section, "reasonable, practicable, and environmentally
37.10beneficial replacement opportunities" are defined as opportunities that:
37.11 (1) take advantage of naturally occurring hydrogeomorphological conditions and
37.12require minimal landscape alteration;
37.13 (2) have a high likelihood of becoming a functional wetland that will continue
37.14in perpetuity;
37.15 (3) do not adversely affect other habitat types or ecological communities that are
37.16important in maintaining the overall biological diversity of the area; and
37.17 (4) are available and capable of being done after taking into consideration cost,
37.18existing technology, and logistics consistent with overall project purposes.
37.19 (e) Applicants and local government units shall rely on board-approved
37.20comprehensive inventories of replacement opportunities and watershed conditions,
37.21including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
37.222010), in determining whether reasonable, practicable, and environmentally beneficial
37.23replacement opportunities are available.
37.24(g) (f) Regulatory agencies, local government units, and other entities involved in
37.25wetland restoration shall collaborate to identify potential replacement opportunities within
37.26their jurisdictional areas.
37.27 Sec. 68. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to
37.28read:
37.29 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
37.30for a wetland boundary or type determination from the local government unit. The
37.31landowner applying for the determination is responsible for submitting proof necessary
37.32to make the determination, including, but not limited to, wetland delineation field data,
37.33observation well data, topographic mapping, survey mapping, and information regarding
37.34soils, vegetation, hydrology, and groundwater both within and outside of the proposed
37.35wetland boundary.
38.1 (b) A local government unit that receives an application under paragraph (a) may
38.2seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
38.3if necessary, expand the Technical Evaluation Panel. The local government unit may
38.4delegate the decision authority for wetland boundary or type determinations to designated
38.5staff, or establish other procedures it considers appropriate.
38.6 (c) The local government unit decision must be made in compliance with section
38.715.99
. Within ten calendar days of the decision, the local government unit decision must
38.8be mailed or sent by electronic transmission to the landowner, members of the Technical
38.9Evaluation Panel, the watershed district or watershed management organization, if one
38.10exists, and individual members of the public who request a copy.
38.11 (d)Appeals of decisions made by designated local government staff must be made
38.12to the local government unit. Notwithstanding any law to the contrary, a ruling on an
38.13appeal must be made by the local government unit within 30 days from the date of the
38.14filing of the appeal.
38.15(e) The local government unit decision is valid for three five years unless the
38.16Technical Evaluation Panel determines that natural or artificial changes to the hydrology,
38.17vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.
38.18 Sec. 69. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to
38.19read:
38.20 Subd. 6. Notice of application. (a)Except as provided in paragraph (b), within ten
38.21days of receiving an Application for approval of a replacement plan under this section,
38.22must be reviewed by the local government according to section 15.99, subdivision 3,
38.23paragraph (a). Copies of the complete application must be mailed or sent by electronic
38.24transmission to the members of the Technical Evaluation Panel, the managers of the
38.25watershed district if one exists, and the commissioner of natural resources. Individual
38.26members of the public who request a copy shall be provided information to identify the
38.27applicant and the location and scope of the project.
38.28 (b)Within ten days of receiving an application for approval of a replacement plan
38.29under this section for an activity affecting less than 10,000 square feet of wetland, a
38.30summary of the application must be mailed to the members of the Technical Evaluation
38.31Panel, individual members of the public who request a copy, and the commissioner
38.32of natural resources.
38.33(c) For the purpose of this subdivision, "application" includes a revised application
38.34for replacement plan approval and an application for a revision to an approved replacement
38.35plan if:
39.1 (1) the wetland area to be drained or filled under the revised replacement plan is at
39.2least ten percent larger than the area to be drained or filled under the original replacement
39.3plan; or
39.4 (2) the wetland area to be drained or filled under the revised replacement is located
39.5more than 500 feet from the area to be drained or filled under the original replacement plan.
39.6 Sec. 70. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to
39.7read:
39.8 Subd. 7. Notice of decision. Within ten days of the approval or denial of a
39.9replacement plan under this section,a summary of the approval or denial notice of the
39.10decision must be mailed or sent by electronic transmission to members of the Technical
39.11Evaluation Panel, the applicant, individual members of the public who request a copy,
39.12the managers of the watershed district, if one exists, and the commissioner of natural
39.13resources.
39.14 Sec. 71. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to
39.15read:
39.16 Subd. 9.Appeal Appeals to the board. (a) Appeal of a replacement plan,
39.17sequencing, exemption, wetland banking, wetland boundary or type determination, or
39.18no-loss decision, or restoration order may be obtained by mailing a petition and payment
39.19of a filing fee, which shall be retained by the board to defray administrative costs, to
39.20the board within 30 days after the postmarked date of the mailing or date of sending by
39.21electronic transmission specified in subdivision 7. If appeal is not sought within 30 days,
39.22the decision becomes final. If the petition for hearing is accepted, the amount posted must
39.23be returned to the petitioner. Appeal may be made by:
39.24 (1) the wetland owner;
39.25 (2) any of those to whom notice is required to be mailed or sent by electronic
39.26transmission under subdivision 7; or
39.27 (3) 100 residents of the county in which a majority of the wetland is located.
39.28 (b) Within 30 days after receiving a petition, the board shall decide whether to
39.29grant the petition and hear the appeal. The board shall grant the petition unless the board
39.30finds that:
39.31 (1) the appeal ismeritless without significant merit, trivial, or brought solely for the
39.32purposes of delay;
39.33 (2) the petitioner has not exhausted all local administrative remedies;
39.34 (3) expanded technical review is needed;
40.1 (4) the local government unit's record is not adequate; or
40.2 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
40.3by the local government unit.
40.4 (c) In determining whether to grant the appeal, the board, executive director, or
40.5dispute resolution committee shall also consider the size of the wetland, other factors in
40.6controversy, any patterns of similar acts by the local government unit or petitioner, and
40.7the consequences of the delay resulting from the appeal.
40.8 (d)All appeals If an appeal is granted, the appeal must be heard by the committee
40.9for dispute resolution of the board, and a decision must be made by the board within 60
40.10days of filing the local government unit's record and the written briefs submitted for
40.11the appeal and the hearing. The decision must be served by mailon or by electronic
40.12transmission to the parties to the appeal, and is not subject to the provisions of chapter
40.1314. A decision whether to grant a petition for appeal and a decision on the merits of an
40.14appeal must be considered the decision of an agency in a contested case for purposes of
40.15judicial review under sections14.63 to
14.69 .
40.16 (e) Notwithstanding section16A.1283 , the board shall establish a fee schedule to
40.17defray the administrative costs of appeals made to the board under this subdivision. Fees
40.18established under this authority shall not exceed $1,000. Establishment of the fee is not
40.19subject to the rulemaking process of chapter 14 and section14.386 does not apply.
40.20 Sec. 72. Minnesota Statutes 2010, section 103G.2242, is amended by adding a
40.21subdivision to read:
40.22 Subd. 9a. Appeals of restoration or replacement orders. A landowner or other
40.23responsible party may appeal the terms and conditions of a restoration or replacement
40.24order within 30 days of receipt of written notice of the order. The time frame for the appeal
40.25may be extended beyond 30 days by mutual agreement, in writing, between the landowner
40.26or responsible party, the local government unit, and the enforcement authority. If the
40.27written request is not submitted within 30 days, the order is final. The board's executive
40.28director must review the request and supporting evidence and render a decision within 60
40.29days of receipt of a petition. A decision on an appeal must be considered the decision of an
40.30agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.
40.31 Sec. 73. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to
40.32read:
40.33 Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank
40.34accounts and transactions as follows:
41.1 (1) account maintenance annual fee: one percent of the value of credits not to
41.2exceed $500;
41.3 (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not
41.4to exceed $1,000 per establishment, deposit, or transfer; and
41.5 (3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
41.6 (b) The board may establish fees at or below the amounts in paragraph (a) for
41.7single-user or other dedicated wetland banking accounts.
41.8 (c) Fees for single-user or other dedicated wetland banking accounts established
41.9pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment
41.10of a wetland banking account and are assessed at the rate of 6.5 percent of the value of
41.11the credits not to exceed $1,000.
41.12 Sec. 74. Minnesota Statutes 2010, section 103G.2251, is amended to read:
41.13103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK
41.14CREDIT.
41.15 In greater than 80 percent areas, preservation of wetlandsowned by the state or a
41.16local unit of government, protected by a permanent conservation easement as defined
41.17under section84C.01 and held by the board, may be eligible for wetland replacement
41.18or mitigation credits, according to rules adopted by the board. To be eligible for credit
41.19under this section, a conservation easement must be established after May 24, 2008,
41.20and approved by the board. Wetland areas on private lands preserved under this section
41.21are not eligible for replacement or mitigation credit if the area has been protected using
41.22public conservation funds.
41.23 Sec. 75. [103G.2373] ELECTRONIC TRANSMISSION.
41.24 For purposes of sections 103G.2212 to 103G.2372, notices and other documents
41.25may be sent by electronic transmission unless the recipient has provided a mailing address
41.26and specified that mailing is preferred.
41.27 Sec. 76. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
41.28 Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made
41.29issuing or denying the permit, the applicant, the managers of the watershed district, the
41.30board of supervisors of the soil and water conservation district, or themayor governing
41.31body of the municipality may file a demand for hearing on the application. The demand
41.32for a hearing must be filed within 30 days after mailed notice of the order with the bond
41.33required by subdivision 6.
42.1(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
42.2on the application, and make a determination on issuing or denying the permit as though
42.3the previous order had not been made.
42.4(c) The order issuing or denying the permit becomes final at the end of 30 days after
42.5mailed notice of the order to the applicant, the managers of the watershed district, the
42.6board of supervisors of the soil and water conservation district, or themayor governing
42.7body of the municipality, and an appeal of the order may not be taken if:
42.8(1) the commissioner waives a hearing and a demand for a hearing is not made; or
42.9(2) a hearing is demanded but a bond is not filed as required by subdivision 6.
42.10 Sec. 77. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
42.11 Subdivision 1.Authorization Issuance; validity. (a) The commissioner may issue
42.12permits, with or without a fee, to:
42.13(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
42.14waters;
42.15(2) transplant aquatic plants into public waters;
42.16(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
42.17under prescribed conditions to protect the waters, desirable species of fish, vegetation,
42.18other forms of aquatic life, and the public.
42.19(b) Application for a permit must be accompanied by a permit fee, if required.
42.20(c) An aquatic plant management permit is valid for one growing season and expires
42.21on December 31 of the year it is issued unless the commissioner stipulates a different
42.22expiration date in rule or in the permit.
42.23EFFECTIVE DATE.This section is effective the day following final enactment
42.24and applies to violations committed on or after that date.
42.25 Sec. 78. Minnesota Statutes 2010, section 103G.615, is amended by adding a
42.26subdivision to read:
42.27 Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
42.28management permit" means an aquatic plant management permit as defined in rules of the
42.29Department of Natural Resources that authorizes the selective control of invasive aquatic
42.30plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
42.31the invasive aquatic plant.
42.32(b) The commissioner may waive the dated signature of approval requirement in
42.33rules of the Department of Natural Resources for invasive aquatic plant management
42.34permits if obtaining signatures would create an undue burden on the permittee or if
43.1the commissioner determines that aquatic plant control is necessary to protect natural
43.2resources.
43.3(c) If the signature requirement is waived under paragraph (b) because obtaining
43.4signatures would create an undue burden on the permittee, the commissioner shall require
43.5an alternate form of landowner notification, including news releases or public notices in
43.6a local newspaper, a public meeting, or a mailing to the most recent permanent address
43.7of affected landowners. The notification must be given annually and must include: the
43.8proposed date of treatment, the target species, the method of control or product being
43.9used, and instructions on how the landowner may request that control not occur adjacent
43.10to the landowner's property.
43.11(d) The commissioner may allow dated signatures of approval obtained for an
43.12invasive aquatic plant management permit to satisfy rules of the Department of Natural
43.13Resources to remain valid for three years if property ownership remains unchanged.
43.14EFFECTIVE DATE.This section is effective the day following final enactment
43.15and applies to violations committed on or after that date.
43.16 Sec. 79. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
43.17to read:
43.18 Subd. 11. Aquatic application of pesticides. (a) The agency may issue under
43.19requirement of the federal government national pollutant discharge elimination system
43.20permits for pesticide applications for the following designated use patterns:
43.21 (1) mosquitoes and other flying insect pests;
43.22 (2) forest canopy pests;
43.23 (3) aquatic nuisance animals; and
43.24 (4) vegetative pests and algae.
43.25If the federal government no longer requires a permit for a designated use pattern,
43.26the agency must immediately terminate the permit. The agency shall not require permits
43.27for aquatic pesticide applications other than those designated use patterns required by
43.28the federal government.
43.29(b) The agency shall not regulate or require permits for the terrestrial application of
43.30pesticides or any other pesticide related permit except as provided in paragraph (a).
43.31 Sec. 80. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
43.32 Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply
43.33with revisions to the subsurface sewage treatment system rules within two years of the
43.34final adoption by the agency unless all towns and cities in the county have adopted the
44.1ordinances. County ordinances must apply to all areas of the county other than cities or
44.2towns that have adopted ordinances that comply with this section and are as strict as
44.3the applicable county ordinances.
44.4 (b) A copy of each ordinance adopted under this subdivision must be submitted to
44.5the commissioner upon adoption.
44.6 (c) A local unit of government must make available to the public upon request a
44.7written list of any differences between its ordinances and rules adopted under this section.
44.8 Sec. 81. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to
44.9read:
44.10 Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are
44.11separated from mixed municipal solid waste for the purpose of recycling or composting,
44.12including paper, glass, plastics, metals, automobile oil,and batteries, and source-separated
44.13compostable materials. Refuse-derived fuel or other material that is destroyed by
44.14incineration is not a recyclable material.
44.15 Sec. 82. Minnesota Statutes 2010, section 115A.95, is amended to read:
44.16115A.95 RECYCLABLE MATERIALS.
44.17 (a) Recyclable materials must be delivered to the appropriate materials processing
44.18facility as outlined in rules of the agency or any other facility permitted to recycle or
44.19compost the materials.
44.20 (b) A disposal facility or a resource recovery facility that is composting mixed
44.21municipal solid waste, burning waste, or converting waste to energy or to materials for
44.22combustion may not accept source-separated recyclable materials, and a solid waste
44.23collector or transporter may not deliver source-separated recyclable materials to such a
44.24facility, except for recycling or transfer to a recycler, unless the commissioner determines
44.25that no other person is willing to accept the recyclable materials.
44.26 Sec. 83. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
44.27 Subd. 8. Transfer of title; disposal of property. The owner of a qualified facility
44.28may, as part of the owner's activities under section115B.40, subdivision 4 or 5, offer to
44.29transfer title to all or any portion of the property described in the facility's most recent
44.30permit, including any property adjacent to that property the owner wishes to transfer, to
44.31the commissioner. The commissioner may accept the transfer of title if the commissioner
44.32determines that to do so is in the best interest of the state. If, after transfer of title to the
44.33property, the commissioner determines that no further response actions are required on the
45.1portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in
45.2the best interest of the state to dispose of property acquired under this subdivision, the
45.3commissioner may do so under section 115B.17, subdivision 16. The property disposed of
45.4under this subdivision is no longer part of the qualified facility.
45.5EFFECTIVE DATE.This section is effective the day following final enactment.
45.6 Sec. 84. Minnesota Statutes 2010, section 115B.412, is amended by adding a
45.7subdivision to read:
45.8 Subd. 8a. Boundary modification. The commissioner may modify the boundaries
45.9of a qualified facility to exclude certain property if the commissioner determines that no
45.10further response actions are required to be conducted under sections 115B.39 to 115B.445
45.11on the excluded property and the excluded property is not affected by disposal activities
45.12on the remaining portions of the qualified facility. Any property excluded under this
45.13subdivision is no longer part of the qualified facility.
45.14EFFECTIVE DATE.This section is effective the day following final enactment.
45.15 Sec. 85. Minnesota Statutes 2010, section 115B.412, is amended by adding a
45.16subdivision to read:
45.17 Subd. 8b. Delisting. If all solid waste from a qualified facility has been relocated
45.18outside the qualified facility's boundaries and the commissioner has determined that no
45.19further response actions are required on the property under sections 115B.39 to 115B.445,
45.20the commissioner may delist the facility by removing it from the priority list established
45.21under section 115B.40, subdivision 2, after which the property shall no longer be a
45.22qualified facility. The commissioner has no further responsibilities under sections 115B.39
45.23to 115B.445 for a facility delisted under this subdivision.
45.24EFFECTIVE DATE.This section is effective the day following final enactment.
45.25 Sec. 86. [116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE
45.26REQUIREMENT.
45.27(a) If environmental review under chapter 116D will be conducted for a project and
45.28a state agency is the responsible government unit, that state agency shall prepare:
45.29(1) a plan that will coordinate administrative decision-making practices, including
45.30monitoring, analysis and reporting, and public comments and hearings; and
45.31(2) a timeline for the issuance of all federal, state, and local permits required for
45.32the project.
46.1(b) The plan and timeline shall be delivered to the project proposer by the time the
46.2environmental assessment worksheet or draft environmental impact statement is published
46.3in the EQB Monitor.
46.4 Sec. 87. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
46.5Laws 2011, chapter 4, section 6, is amended to read:
46.6 Subd. 2a. When prepared. Where there is potential for significant environmental
46.7effects resulting from any major governmental action, the action shall be preceded by a
46.8detailed environmental impact statement prepared by the responsible governmental unit.
46.9The environmental impact statement shall be an analytical rather than an encyclopedic
46.10document which describes the proposed action in detail, analyzes its significant
46.11environmental impacts, discusses appropriate alternatives to the proposed action and
46.12their impacts, and explores methods by which adverse environmental impacts of an
46.13action could be mitigated. The environmental impact statement shall also analyze those
46.14economic, employment and sociological effects that cannot be avoided should the action
46.15be implemented. To ensure its use in the decision-making process, the environmental
46.16impact statement shall be prepared as early as practical in the formulation of an action.
46.17No mandatory environmental impact statement may be required for an ethanol plant,
46.18as defined in section41A.09, subdivision 2a , paragraph (b), that produces less than
46.19125,000,000 gallons of ethanol annually and is located outside of the seven-county
46.20metropolitan area.
46.21 (a) The board shall by rule establish categories of actions for which environmental
46.22impact statements and for which environmental assessment worksheets shall be prepared
46.23as well as categories of actions for which no environmental review is required under this
46.24section. A mandatory environmental assessment worksheet shall not be required for the
46.25expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
46.26(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
46.27biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
46.28of the expanded or converted facility to produce alcohol fuel, but must be required if
46.29the ethanol plant meets or exceeds thresholds of other categories of actions for which
46.30environmental assessment worksheets must be prepared. The responsible governmental
46.31unit for an ethanol plant project for which an environmental assessment worksheet is
46.32prepared shall be the state agency with the greatest responsibility for supervising or
46.33approving the project as a whole.
46.34 (b) The responsible governmental unit shall promptly publish notice of the
46.35completion of an environmental assessment worksheet in a manner to be determined by
47.1the board and shall provide copies of the environmental assessment worksheet to the board
47.2and its member agencies. Comments on the need for an environmental impact statement
47.3may be submitted to the responsible governmental unit during a 30-day period following
47.4publication of the notice that an environmental assessment worksheet has been completed.
47.5The responsible governmental unit's decision on the need for an environmental impact
47.6statement shall be based on the environmental assessment worksheet and the comments
47.7received during the comment period, and shall be made within 15 days after the close of
47.8the comment period. The board's chair may extend the 15-day period by not more than 15
47.9additional days upon the request of the responsible governmental unit.
47.10 (c) An environmental assessment worksheet shall also be prepared for a proposed
47.11action whenever material evidence accompanying a petition by not less than25 100
47.12individuals who reside or own property in the state, submitted before the proposed
47.13project has received final approval by the appropriate governmental units, demonstrates
47.14that, because of the nature or location of a proposed action, there may be potential for
47.15significant environmental effects. Petitions requesting the preparation of an environmental
47.16assessment worksheet shall be submitted to the board. The chair of the board shall
47.17determine the appropriate responsible governmental unit and forward the petition to it.
47.18A decision on the need for an environmental assessment worksheet shall be made by
47.19the responsible governmental unit within 15 days after the petition is received by the
47.20responsible governmental unit. The board's chair may extend the 15-day period by not
47.21more than 15 additional days upon request of the responsible governmental unit.
47.22 (d) Except in an environmentally sensitive location where Minnesota Rules, part
47.234410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
47.24review under this chapter and rules of the board, if:
47.25 (1) the proposed action is:
47.26 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
47.27 (ii) an expansion of an existing animal feedlot facility with a total cumulative
47.28capacity of less than 1,000 animal units;
47.29 (2) the application for the animal feedlot facility includes a written commitment by
47.30the proposer to design, construct, and operate the facility in full compliance with Pollution
47.31Control Agency feedlot rules; and
47.32 (3) the county board holds a public meeting for citizen input at least ten business
47.33days prior to the Pollution Control Agency or county issuing a feedlot permit for the
47.34animal feedlot facility unless another public meeting for citizen input has been held with
47.35regard to the feedlot facility to be permitted. The exemption in this paragraph is in
47.36addition to other exemptions provided under other law and rules of the board.
48.1 (e) The board may, prior to final approval of a proposed project, require preparation
48.2of an environmental assessment worksheet by a responsible governmental unit selected
48.3by the board for any action where environmental review under this section has not been
48.4specifically provided for by rule or otherwise initiated.
48.5 (f) An early and open process shall be utilized to limit the scope of the environmental
48.6impact statement to a discussion of those impacts, which, because of the nature or location
48.7of the project, have the potential for significant environmental effects. The same process
48.8shall be utilized to determine the form, content and level of detail of the statement as well
48.9as the alternatives which are appropriate for consideration in the statement. In addition,
48.10the permits which will be required for the proposed action shall be identified during the
48.11scoping process. Further, the process shall identify those permits for which information
48.12will be developed concurrently with the environmental impact statement. The board
48.13shall provide in its rules for the expeditious completion of the scoping process. The
48.14determinations reached in the process shall be incorporated into the order requiring the
48.15preparation of an environmental impact statement.
48.16 (g) The responsible governmental unit shall, to the extent practicable, avoid
48.17duplication and ensure coordination between state and federal environmental review
48.18and between environmental review and environmental permitting. Whenever practical,
48.19information needed by a governmental unit for making final decisions on permits or
48.20other actions required for a proposed project shall be developed in conjunction with the
48.21preparation of an environmental impact statement.
48.22 (h) An environmental impact statement shall be prepared and its adequacy
48.23determined within 280 days after notice of its preparation unless the time is extended by
48.24consent of the parties or by the governor for good cause. The responsible governmental
48.25unit shall determine the adequacy of an environmental impact statement, unless within 60
48.26days after notice is published that an environmental impact statement will be prepared,
48.27the board chooses to determine the adequacy of an environmental impact statement. If an
48.28environmental impact statement is found to be inadequate, the responsible governmental
48.29unit shall have 60 days to prepare an adequate environmental impact statement.
48.30 (i) The proposer of a specific action may include in the information submitted to the
48.31responsible governmental unit a preliminary draft environmental impact statement under
48.32this section on that action for review, modification, and determination of completeness and
48.33adequacy by the responsible governmental unit. A preliminary draft environmental impact
48.34statement prepared by the project proposer and submitted to the responsible governmental
48.35unit shall identify or include as an appendix all studies and other sources of information
48.36used to substantiate the analysis contained in the preliminary draft environmental impact
49.1statement. The responsible governmental unit shall require additional studies, if needed,
49.2and obtain from the project proposer all additional studies and information necessary for
49.3the responsible governmental unit to perform its responsibility to review, modify, and
49.4determine the completeness and adequacy of the environmental impact statement.
49.5 Sec. 88. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
49.6 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
49.7designed and originally manufactured to operate primarily on highways, and not operated
49.8exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
49.9self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
49.10by electric power obtained from overhead trolley wires but not operated upon rails. It does
49.11not include snowmobiles, manufactured homes, or park trailers.
49.12 (b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
49.13(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
49.14and (3) displays both disability plates and a physically disabled certificate issued under
49.15section169.345 .
49.16 (c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
49.17vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
49.18before August 1, 1985. The owner may continue to license an all-terrain vehicle described
49.19in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
49.20owner, is destroyed, or fails to comply with the registration and licensing requirements
49.21of this chapter.
49.22 (d) "Motor vehicle" does not include an electric personal assistive mobility device as
49.23defined in section169.011, subdivision 26 .
49.24 (e) "Motor vehicle" does not include a motorized foot scooter as defined in section
49.25169.011, subdivision 46
.
49.26 (f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
49.27requirements of chapter 169 according to section 84.788, subdivision 12.
49.28EFFECTIVE DATE.This section is effective January 1, 2012.
49.29 Sec. 89. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
49.30 Subdivision 1. Designation of roadway, permit. The governing body of any county,
49.31home rule charter or statutory city, or town may by ordinance authorize the operation of
49.32motorized golf carts,four-wheel all-terrain vehicles, utility task vehicles, or mini trucks,
49.33on designated roadways or portions thereof under its jurisdiction. Authorization to operate
50.1a motorized golf cart,four-wheel all-terrain vehicle, utility task vehicle, or mini truck is
50.2by permit only. For purposes of this section, a four-wheel:
50.3(1) an all-terrain vehicleis a motorized flotation-tired vehicle with four low-pressure
50.4tires that is limited in engine displacement of less than 800 cubic centimeters and total dry
50.5weight less than 600 pounds, and has the meaning given in section 84.92;
50.6(2) a mini truck has the meaning given in section169.011, subdivision 40a .; and
50.7(3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that
50.8has four wheels, is propelled by an internal combustion engine with a piston displacement
50.9capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
50.10than 2,600 pounds.
50.11 Sec. 90. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
50.12 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
50.13form of the application for the permit, require evidence of insurance complying with the
50.14provisions of section65B.48, subdivision 5 and may prescribe conditions, not inconsistent
50.15with the provisions of this section, under which a permit may be granted. Permits may be
50.16granted for a periodof not to exceed one year three years, and may be annually renewed.
50.17A permit may be revoked at any time if there is evidence that the permittee cannot safely
50.18operate the motorized golf cart,four-wheel all-terrain vehicle, utility task vehicle, or mini
50.19truck on the designated roadways. The ordinance may require, as a condition to obtaining
50.20a permit, that the applicant submit a certificate signed by a physician that the applicant
50.21is able to safely operate a motorized golf cart,four-wheel all-terrain vehicle, utility task
50.22vehicle, or mini truck on the roadways designated.
50.23 Sec. 91. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
50.24 Subd. 3. Times of operation. Motorized golf cartsand four-wheel, all-terrain
50.25vehicles, and utility task vehicles may only be operated on designated roadways from
50.26sunrise to sunset, unless equipped with original equipment headlights, taillights, and
50.27rear-facing brake lights. They shall not be operated in inclement weather, except during
50.28emergency conditions as provided in the ordinance, or when visibility is impaired by
50.29weather, smoke, fog or other conditions, or at any time when there is insufficientlight
50.30visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.
50.31 Sec. 92. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
51.1 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
51.2motorized golf cart,four-wheel all-terrain vehicle, utility task vehicle, or mini truck may
51.3cross any street or highway intersecting a designated roadway.
51.4 Sec. 93. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
51.5 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
51.6four-wheel all-terrain vehicle, utility task vehicle, or mini truck under permit on designated
51.7roadways has all the rights and duties applicable to the driver of any other vehicle under
51.8the provisions of this chapter, except when those provisions cannot reasonably be applied
51.9to motorized golf carts,four-wheel all-terrain vehicles, utility task vehicles, or mini trucks
51.10and except as otherwise specifically provided in subdivision 7.
51.11 Sec. 94. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
51.12 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
51.13applicable to persons operating mini trucks, but are not applicable to persons operating
51.14motorized golf carts, utility task vehicles, orfour-wheel all-terrain vehicles under permit
51.15on designated roadways pursuant to this section. Except for the requirements of section
51.16169.70
, the provisions of this chapter relating to equipment on vehicles are not applicable
51.17to motorized golf carts, utility task vehicles, orfour-wheel all-terrain vehicles operating,
51.18under permit, on designated roadways.
51.19 Sec. 95. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
51.20 Subd. 8. Insurance. In the event persons operating a motorized golf cart,four-wheel
51.21utility task vehicle, all-terrain vehicle, or mini truck under this section cannot obtain
51.22liability insurance in the private market, that person may purchase automobile insurance,
51.23including no-fault coverage, from the Minnesota Automobile Insurance Plan under
51.24sections65B.01 to
65B.12 , at a rate to be determined by the commissioner of commerce.
51.25 Sec. 96. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
51.26to read:
51.27 Subd. 16. Exemption for recreational vehicle manufacturer. A person
51.28responsible for the product may offer for sale, sell, or dispense gasoline that is not
51.29oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
51.30for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
51.31motorcycles, or recreational vehicles.
52.1 Sec. 97. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
52.2 Subd. 2. Fees. For the purposes of sections398.31 to
398.36 , the county board of
52.3any county may prescribe and provide for the collection of fees for the use of any county
52.4park or other unit of the county park system or any facilities, accommodations, or services
52.5provided for public use therein, such fees not to exceed that prescribed in state parks.
52.6EFFECTIVE DATE.This section is effective the day following final enactment.
52.7 Sec. 98. Laws 2010, chapter 361, article 4, section 73, is amended to read:
52.8 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
52.9ADOPTION DELAY.
52.10(a) Notwithstanding Minnesota Statutes, section115.55, subdivision 2 , a county
52.11may adopt an ordinance by February 4,2012 2014, to comply with the February 4, 2008,
52.12revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
52.13Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
52.14sewage treatment system rules. A county must continue to enforce its current ordinance
52.15until a new one has been adopted.
52.16(b) By January 15, 2011, the agency, after consultation with the Board of Water and
52.17Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
52.18ranking minority members of the senate and house of representatives environment and
52.19natural resources policy and finance committees and divisions on:
52.20(1) the technical changes in the rules for subsurface sewage treatment systems
52.21that were adopted on February 4, 2008;
52.22(2) the progress in local adoption of ordinances to comply with the rules; and
52.23(3) the progress in protecting the state's water resources from pollution due to
52.24subsurface sewage treatment systems.
52.25 Sec. 99. Laws 2011, chapter 14, section 16, is amended to read:
52.26 Sec. 16. REPEALER.
52.27Minnesota Statutes 2010, section 41A.09, subdivisions 1a,2a, 3a, 4, and 10, are
52.28repealed.
52.29 Sec. 100. SHALLOW LAKES MANAGEMENT REPORT.
52.30By January 1, 2012, the commissioner of natural resources shall submit a report to
52.31the senate and house of representatives committees and divisions with jurisdiction over
52.32natural resources policy that includes:
52.33(1) a summary of the science and ecology of shallow lakes;
53.1(2) a summary of the significance of shallow lakes to continental and state waterfowl
53.2populations and Minnesota's waterfowl heritage;
53.3(3) examples and documented results of previous temporary water-level management
53.4activities;
53.5(4) a list of current statutes and rules applicable to shallow lakes including, but not
53.6limited to, water-level management of shallow lakes; and
53.7(5) a list of any changes to statute necessary that would allow the commissioner of
53.8natural resources, through shallow lake management, to better achieve the state's wildlife
53.9habitat and clean water goals and address the threats of invasive species.
53.10 Sec. 101. CONSUMPTIVE USE OF WATER.
53.11Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
53.12approves of the consumptive use of water under a permit of more than 2,000,000 gallons
53.13per day average in a 30-day period in Cook County, in connection with snowmaking
53.14and potable water. Notwithstanding any other law to the contrary, the permit for the
53.15consumptive use of water approved under this section shall be issued, subject to the
53.16fees specified under Minnesota Statutes, section 103G.271, without any additional
53.17administrative process to withdraw up to 150,000,000 gallons of water annually for
53.18snowmaking and potable water purposes. The permit authorized under this section shall
53.19be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
53.20than five consecutive days. The permit authorized under this section shall be reinstated
53.21when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The
53.22permit shall be for a term of five years.
53.23 Sec. 102. RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY
53.24PERMITS.
53.25 (a) The commissioner of the Pollution Control Agency shall amend Minnesota
53.26Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account
53.27site capacity for a solid waste land disposal facility.
53.28(b) In amending the rules under this section, the commissioner of the Pollution
53.29Control Agency may use the good cause exemption under Minnesota Statutes, section
53.3014.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply,
53.31except as provided in Minnesota Statutes, section 14.388.
53.32 Sec. 103. TERRY MCGAUGHEY MEMORIAL BRIDGE.
54.1The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
54.2that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
54.3commissioner shall place signs with the designation on both ends of the bridge.
54.4 Sec. 104. CAMP FIVE TOWNSHIP EASEMENT LEASE.
54.5(a) By September 1, 2011, the commissioner of natural resources shall grant to the
54.6local township a road easement across state land administered by the commissioner in
54.7Sections 16 and 21, Township 66 N, Range 19 W, St. Louis County.
54.8(b) Provided, however, if the local township will not accept the above-described
54.9easement, the commissioner of natural resources shall grant at fair market value to the
54.10lessee of former State Lease No. 144-012-0425, a 20-year road lease across state land
54.11administered by the commissioner in Sections 16 and 21, Township 66 N, Range 19 W,
54.12St. Louis County.
54.13(c) Notwithstanding Minnesota Statutes, section 16A.125, subdivision 5, the market
54.14value fee for the school lands must be deposited into the permanent school fund.
54.15 Sec. 105. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
54.16SPECIES RULES DECAL.
54.17A violation of Minnesota Statutes, section 86B.508, prior to August 1, 2014, shall
54.18not result in a penalty, but is punishable only by a warning.
54.19 Sec. 106. AQUATIC INVASIVE SPECIES MANAGEMENT
54.20IMPLEMENTATION COSTS; REPORT.
54.21By January 15, 2012, the commissioner of natural resources shall report to the
54.22house of representatives and senate committees with jurisdiction over environment and
54.23natural resources policy and finance on the long-term funding needed to implement and
54.24enforce Minnesota Statutes, chapter 84D, including recommendations on the appropriate
54.25amount of the watercraft surcharge.
54.26 Sec. 107. REVISOR'S INSTRUCTION.
54.27 The revisor of statutes shall change the range reference "sections 103F.701 to
54.28103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
54.29103F.701 to 103F.755."
54.30 Sec. 108. REPEALER.
55.1(a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8;
55.285.013, subdivision 2b; 86B.850, subdivision 2; 103F.711, subdivision 7; 103F.721;
55.3103F.731, subdivision 1; and 103F.761, are repealed.
55.4(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
55.5EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
1.3acquisition by exchange; modifying peatland protection; modifying fees
1.4and fee disposition; modifying invasive species provisions; modifying cash
1.5match requirement for local recreation grants; modifying state water trails and
1.6waysides; modifying Mineral Coordinating Committee; providing for citizen
1.7oversight committees; creating adopt-a-WMA program; modifying definitions;
1.8modifying operating provisions for certain recreational vehicles; providing for
1.9dual registration of certain motorcycles; requiring nonresident off-road vehicle
1.10state trail pass; modifying watercraft titling; modifying special vehicle use on
1.11roadways; modifying oxygenated gasoline requirements; modifying Water Law;
1.12modifying certain local ordinance requirements; modifying waste management
1.13provisions; modifying landfill cleanup program; modifying environmental
1.14review requirements; modifying disposition of certain lease revenue; providing
1.15for certain easement or lease; providing for bridge designation; requiring
1.16rulemaking; requiring reports; appropriating money;amending Minnesota
1.17Statutes 2010, sections 17.117, subdivision 6a; 18B.03, subdivision 1, as
1.18amended; 41A.105, by adding a subdivision; 84.033, subdivision 1; 84.035,
1.19subdivision 6; 84.777, subdivision 2; 84.788, by adding a subdivision; 84.92,
1.20subdivision 8; 84.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16,
1.2121, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3,
1.224; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13,
1.23subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019,
1.24subdivisions 4b, 4c; 85.32, subdivision 1; 86B.811, by adding a subdivision;
1.2586B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1;
1.2686B.885; 89.17; 93.0015, subdivisions 1, 3; 97A.055, subdivision 4b; 97C.081,
1.27subdivision 4; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8;
1.28103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735;
1.29103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by
1.30adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242,
1.31subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311,
1.32subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by
1.33adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95;
1.34115B.412, subdivision 8, by adding subdivisions; 116D.04, subdivision 2a, as
1.35amended; 168.002, subdivision 18; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
1.36239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter
1.37361, article 4, section 73; Laws 2011, chapter 14, section 16; proposing coding
1.38for new law in Minnesota Statutes, chapters 84; 84D; 86B; 97A; 103G; 116C;
1.39repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6,
2.17, 8; 84D.02, subdivision 4; 85.013, subdivision 2b; 86B.850, subdivision 2;
2.2103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.4 Section 1. Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
2.5 Subd. 6a. Review and ranking of applications. (a) The commissioner shall chair
2.6
2.7purposes of reviewing and ranking applications and recommending to the commissioner
2.8allocation amounts. The subcommittee consists of representatives of the Departments of
2.9Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
2.10of Water and Soil Resources; the Farm Service Agency and the Natural Resource
2.11Conservation Service of the United States Department of Agriculture; the Association of
2.12Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
2.13and other agencies or associations the commissioner determines are appropriate.
2.14 (b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
2.15criteria it determines appropriate in carrying out the review and ranking:
2.16 (1) whether the proposed activities are identified in a comprehensive water
2.17management plan or other appropriate local planning documents as priorities;
2.18 (2) the potential that the proposed activities have for improving or protecting
2.19environmental quality;
2.20 (3) the extent that the proposed activities support areawide or multijurisdictional
2.21approaches to protecting environmental quality based on defined watershed or similar
2.22geographic areas;
2.23 (4) whether the activities are needed for compliance with existing environmental
2.24laws or rules;
2.25 (5) whether the proposed activities demonstrate participation, coordination, and
2.26cooperation between local units of government and other public agencies;
2.27 (6) whether there is coordination with other public and private funding sources
2.28and programs;
2.29 (7) whether the applicant has targeted specific best management practices to resolve
2.30specific environmental problems;
2.31 (8) past performance of the applicant in completing projects identified in prior
2.32applications and allocation agreements; and
2.33 (9) whether there are off-site public benefits.
2.34 Sec. 2. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws
2.352011, chapter 14, section 7, is amended to read:
3.1 Subdivision 1. Administration by commissioner. The commissioner shall
3.2administer, implement, and enforce this chapter and the Department of Agriculture
3.3is the lead state agency for the regulation of pesticides. The commissioner has the
3.4sole regulatory authority over the terrestrial application of pesticides, including, but
3.5not limited to, the application of pesticides to agricultural crops, structures, and other
3.6nonaquatic environments. Except as provided in subdivision 3, a state agency other than
3.7the Department of Agriculture shall not regulate or require permits for the terrestrial or
3.8nonaquatic application of pesticides.
3.9 Sec. 3. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
3.10to read:
3.11 Subd. 1a. Definitions. For the purpose of this section:
3.12 (1) "biobutanol facility" means a facility at which biobutanol is produced; and
3.13 (2) "biobutanol" means fermentation isobutyl alcohol that is derived from
3.14agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
3.15forest products; or other renewable resources, including residue and waste generated
3.16from the production, processing, and marketing of agricultural products, forest products,
3.17and other renewable resources.
3.18 Sec. 4. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
3.19 Subdivision 1. Acquisition; designation. The commissioner of natural resources
3.20may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
3.21under chapter 117, in the name of the state, lands or any interest in lands suitable and
3.22desirable for establishing and maintaining scientific and natural areas. The commissioner
3.23shall designate any land so acquired as a scientific and natural area by written order
3.24published in the State Register and shall administer any land so acquired and designated as
3.25provided by section
3.26the rulemaking provisions of chapter 14 and section
3.27 Sec. 5. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
3.28 Subd. 6. Management plans. The commissioner shall develop in consultation with
3.29the affected local government unit a management plan for each peatland scientific and
3.30natural area designated under section
3.31 The management plan shall address recreational trails. In those peatland scientific
3.32and natural areas where no corridor of disturbance was used as a recreational trail on or
4.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
4.2peatland scientific and natural area, to be used as a recreational motorized trail.
4.3 Sec. 6. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
4.4 Subd. 2. Off-highway vehicle seasonal restrictions. (a)
4.5
4.6forest roads, a person must not operate an off-highway vehicle on state forest lands
4.7
4.8hunting season in areas of the state where deer may be taken by rifle. This paragraph
4.9does not apply to a person in possession of a valid deer hunting license operating an
4.10off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
4.11 (b) The commissioner may designate and post winter trails on state forest lands
4.12for use by off-highway vehicles.
4.13 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
4.14the authority of the commissioner as defined in section
4.15managed by the commissioner under section
4.16 Sec. 7. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
4.17to read:
4.18 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
4.19this section may also be registered as a motorcycle under chapter 168 for use on public
4.20roads and highways.
4.21 (b) If the off-highway motorcycle was not originally constructed primarily for use
4.22on public roads and highways, the off-highway motorcycle must be equipped with mirrors
4.23and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
4.24requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
4.25Act, Code of Federal Regulations, title 49, part 571, and the regulations adopted under
4.26that federal act, for motorcycles regarding safety and acceptability to operate on public
4.27roads and highways.
4.28 (c) An applicant for registration under chapter 168 must submit a form, prescribed
4.29by the commissioner of public safety.
4.30(d) For the purposes of this subdivision, off-highway motorcycle according to
4.31section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart;
4.32moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for
4.33lawn maintenance, agriculture, logging, or mining purposes.
4.34EFFECTIVE DATE.This section is effective January 1, 2012.
5.1 Sec. 8. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
5.2 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
5.3vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
5.4nonresident off-road vehicle state trail pass sticker issued according to this section.
5.5The pass must be viewable by a peace officer, a conservation officer, or an employee
5.6designated under section
5.7 (b) The fee for an annual pass is $20. The pass is valid from January 1 through
5.8December 31. The fee for a three-year pass is $30. The commissioner of natural resources
5.9shall issue a pass upon application and payment of the fee. Fees collected under this
5.10section, except for the issuing fee for licensing agents, shall be deposited in the state
5.11treasury and credited to the off-road vehicle account in the natural resources fund and,
5.12except for the electronic licensing system commission established by the commissioner
5.13under section
5.14municipalities for off-road vehicle organizations to construct and maintain off-road
5.15vehicle trails and use areas.
5.16 (c) A nonresident off-road vehicle state trail pass is not required for:
5.17 (1) an off-road vehicle that is owned and used by the United States, another state,
5.18or a political subdivision thereof that is exempt from registration under section
5.19subdivision 2;
5.20 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
5.21by the person or the person's spouse, child, or parent; or
5.22 (3) a nonresident operating an off-road vehicle that is registered according to section
5.23
5.24 Subd. 2. License agents. The commissioner may appoint agents to issue and
5.25sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
5.26appointment of an agent at any time. The commissioner may adopt additional rules as
5.27provided in section
5.28by the commissioner for accounting and handling of passes pursuant to section
5.29subdivision 11
5.30sale of the passes, exclusive of the issuing fee, to the commissioner.
5.31 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
5.32nonresident off-road vehicle state trail passes. The commissioner shall also make the
5.33passes available through the electronic licensing system established under section
5.34subdivision 15.
5.35 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
5.36shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
6.1passes issued by the commissioner shall be deposited in the off-road vehicle account in the
6.2natural resources fund and retained for the operation of the electronic licensing system.
6.3 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
6.4pass to persons whose pass is lost or destroyed using the process established under section
6.5
6.6off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
6.7 Sec. 9. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
6.8 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
6.9motorized flotation-tired vehicle of not less than three low pressure tires, but not more than
6.10six tires, that is limited in engine displacement of less than
6.11and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
6.12 Sec. 10. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
6.13 Subdivision 1. Program established. (a) The commissioner shall establish a
6.14comprehensive all-terrain vehicle environmental and safety education and training
6.15program, including the preparation and dissemination of vehicle information and safety
6.16advice to the public, the training of all-terrain vehicle operators, and the issuance of
6.17all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
6.18successfully complete the all-terrain vehicle environmental and safety education and
6.19training course.
6.20 (b) For the purpose of administering the program and to defray
6.21expenses of training and certifying vehicle operators, the commissioner shall collect a fee
6.22
6.23to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
6.24safety certificate. The commissioner shall establish
6.25
6.26nor underrecovers costs, including overhead costs, involved in providing the
6.27services. The fees are not subject to the rulemaking provisions of chapter 14 and section
6.2814.386 does not apply. The fees may be established by the commissioner notwithstanding
6.29section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
6.30subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
6.31fund and the amount thereof, except for the electronic licensing system commission
6.32established by the commissioner under section 84.027, subdivision 15, and issuing fees
6.33collected by the commissioner, is appropriated annually to the Enforcement Division of
6.34the Department of Natural Resources for the administration of the programs. In addition
7.1to the fee established by the commissioner, instructors may charge each person up to the
7.2established fee amount for class materials and expenses.
7.3 (c) The commissioner shall cooperate with private organizations and associations,
7.4private and public corporations, and local governmental units in furtherance of the
7.5program established under this section. School districts may cooperate with the
7.6commissioner and volunteer instructors to provide space for the classroom portion of the
7.7training. The commissioner shall consult with the commissioner of public safety in regard
7.8to training program subject matter and performance testing that leads to the certification
7.9of vehicle operators.
7.10component in the safety education and training program.
7.11 Sec. 11. Minnesota Statutes 2010, section 84.9257, is amended to read:
7.1284.9257 PASSENGERS.
7.13 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
7.14carrying only one passenger.
7.15 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
7.16carrying
7.17was designed, whichever is greater.
7.18 (c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
7.19only one passenger and the passenger must be the person's parent or legal guardian.
7.20 Sec. 12. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.21to read:
7.22 Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
7.23or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
7.24species using the "Recommended Uniform Minimum Protocols and Standards for
7.25Watercraft Interception Programs for Dreissenid Mussels in the Western United States"
7.26(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species,
7.27or other protocols developed by the commissioner.
7.28EFFECTIVE DATE.This section is effective the day following final enactment
7.29and applies to violations committed on or after that date.
7.30 Sec. 13. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
7.31 Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
7.32nonnative species into a free-living state. Introduce does not include:
8.1(1) the immediate return of a nonnative species to waters of the state from which the
8.2nonnative species was removed; or
8.3(2) the seasonal return of nonnative species attached to water-related equipment,
8.4such as a dock or boat lift, that has been stored on riparian property and directly returned
8.5to the same waters of the state from which the water-related equipment was removed.
8.6EFFECTIVE DATE.This section is effective the day following final enactment
8.7and applies to violations committed on or after that date.
8.8 Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.9to read:
8.10 Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
8.11determine whether aquatic invasive species, aquatic macrophytes, or water is present and
8.12includes removal, drainage, decontamination, or treatment to prevent the transportation
8.13and spread of aquatic invasive species, aquatic macrophytes, and water.
8.14EFFECTIVE DATE.This section is effective the day following final enactment
8.15and applies to violations committed on or after that date.
8.16 Sec. 15. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.17to read:
8.18 Subd. 8c. Inspector. "Inspector" means: (1) an individual trained and authorized by
8.19the commissioner to inspect water-related equipment under section 84D.105, subdivision
8.202, paragraph (a); or (2) a conservation officer or a licensed peace officer.
8.21EFFECTIVE DATE.This section is effective the day following final enactment
8.22and applies to violations committed on or after that date.
8.23 Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.24to read:
8.25 Subd. 15a. Service provider. "Service provider" means an individual who
8.26installs or removes water-related equipment or structures from waters of the state for
8.27hire. "Service provider" does not include a person working under the supervision of an
8.28individual with a valid service provider permit issued under section 84D.108.
8.29EFFECTIVE DATE.This section is effective the day following final enactment
8.30and applies to violations committed on or after that date.
9.1 Sec. 17. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
9.2 Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
9.3carried or moved into or within the state, and includes accepting or receiving the species
9.4for transportation or shipment. Transport does not include:
9.5 (1) the
9.6of the state or to a connected water of the state where the species being transported is
9.7already present
9.8 (2) the movement of a nonnative species attached to water-related equipment or
9.9other water-related structures from a water of the state to the shore of riparian property on
9.10that water or the return of water-related equipment or structures from the shore into the
9.11same water of the state.
9.12EFFECTIVE DATE.This section is effective the day following final enactment
9.13and applies to violations committed on or after that date.
9.14 Sec. 18. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
9.15to read:
9.16 Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
9.17vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
9.18any other associated equipment or container, including but not limited to portable bait
9.19containers, live wells, ballast tanks except for those vessels permitted under the Pollution
9.20Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
9.21is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
9.22or water.
9.23EFFECTIVE DATE.This section is effective the day following final enactment
9.24and applies to violations committed on or after that date.
9.25 Sec. 19. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
9.26 Subd. 21. Wild animal. "Wild animal"
9.27
9.28under section 97A.015, subdivision 55.
9.29EFFECTIVE DATE.This section is effective the day following final enactment
9.30and applies to violations committed on or after that date.
9.31 Sec. 20. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
10.1 Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
10.2report on invasive species of aquatic plants and wild animals to the legislative committees
10.3having jurisdiction over environmental and natural resource issues. The report must
10.4include:
10.5 (1) detailed information on expenditures for administration, education, management,
10.6inspections, and research;
10.7 (2) an analysis of the effectiveness of management activities conducted in the state,
10.8including chemical control, harvesting, educational efforts, and inspections;
10.9 (3) information on the participation of other state agencies, local government units,
10.10and interest groups in control efforts;
10.11 (4) information on the progress made in the management of each species; and
10.12 (5) an assessment of future management needs and additional measures to protect
10.13the state's water resources from human transport and introduction of invasive species.
10.14EFFECTIVE DATE.This section is effective the day following final enactment
10.15and applies to violations committed on or after that date.
10.16 Sec. 21. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
10.17 Subd. 3. Bait harvest from infested waters. (a)
10.18infested waters for bait or aquatic farm purposes is prohibited, except as provided in
10.19paragraph (b) and section 97C.341.
10.20 (b) In waters that are designated as infested waters, except those designated because
10.21they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
10.22under section 17.4982, subdivision 6,
10.23 (1) commercial taking of wild animals for bait and aquatic farm purposes according
10.24to a permit issued under section
10.25 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
10.26water milfoil, when the infested waters are designated solely because they contain
10.27Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
10.28traps not exceeding 16 inches in diameter and 32 inches in length.
10.29 (c) Equipment authorized for minnow harvest in a designated infested water by
10.30permit issued under paragraph (b) may not be transported to, or used in, any waters other
10.31than waters specified in the permit.
10.32EFFECTIVE DATE.This section is effective the day following final enactment
10.33and applies to violations committed on or after that date.
11.1 Sec. 22. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
11.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
11.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
11.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
11.5an infested water that is designated because it contains invasive fish, invertebrates, or
11.6certifiable diseases, as defined in section
11.7a commercial licensee operates in
11.8invasive fish, invertebrates, or certifiable diseases, as defined in section
11.9
11.10turtle, frog, or crayfish harvesting in waters
11.11invertebrates, or certifiable diseases, as defined in section
11.12tags provided by the commissioner, as specified in the commercial licensee's license or
11.13permit
11.14
11.15tagging requirement does not apply to commercial fishing equipment used in Lake
11.16Superior.
11.17(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.18turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
11.19contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
11.20minimum of two days before they are used in any other waters, except as provided in this
11.21paragraph. Commercial licensees must notify the department's regional or area fisheries
11.22office or a conservation officer before removing nets or equipment from an infested water
11.23designated solely because it contains Eurasian water milfoil and before resetting those
11.24nets or equipment in any other waters. Upon notification, the commissioner may authorize
11.25a commercial licensee to move nets or equipment to another water without freezing or
11.26drying, if that water is designated as infested solely because it contains Eurasian water
11.27milfoil.
11.28(c) A commercial licensee must remove all aquatic macrophytes from nets and other
11.29equipment when the nets and equipment are removed from waters of the state.
11.30(d) The commissioner shall provide a commercial licensee with a current listing of
11.31designated infested waters at the time that a license or permit is issued.
11.32(e) A person harvesting aquatic life from waters of the state for the purpose of
11.33transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
11.34life shall remain in the holding facility for at least ten hours and be examined for the
11.35presence of invasive species.
11.36(f) This subdivision applies to the state and its departments and agencies.
12.1EFFECTIVE DATE.This section is effective the day following final enactment
12.2and applies to violations committed on or after that date.
12.3 Sec. 23. Minnesota Statutes 2010, section 84D.09, is amended to read:
12.484D.09 AQUATIC MACROPHYTES.
12.5 Subdivision 1. Transportation prohibited. A person may not transport aquatic
12.6macrophytes
12.7
12.8except as provided in this section.
12.9 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
12.10aquatic macrophytes:
12.11 (1) that are duckweeds in the family Lemnaceae;
12.12 (2) for disposal as part of a harvest or control activity conducted under an aquatic
12.13plant management permit pursuant to section
12.15 (3) for purposes of constructing shooting or observation blinds in amounts sufficient
12.16for that purpose, provided that the aquatic macrophytes are emergent and cut above the
12.17waterline;
12.18 (4) when legally purchased or traded by or from commercial or hobbyist sources for
12.19aquarium, wetland or lakeshore restoration, or ornamental purposes;
12.20 (5) when harvested for personal or commercial use if in a motor vehicle;
12.21 (6) to the department, or another destination as the commissioner may direct, in a
12.22sealed container for purposes of identifying a species or reporting the presence of a species;
12.23 (7) when transporting commercial aquatic plant harvesting or control equipment to a
12.24suitable location for purposes of cleaning any remaining aquatic macrophytes;
12.25 (8) that are wild rice harvested under section
12.26 (9) in the form of fragments of emergent aquatic macrophytes incidentally
12.27transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
12.28season
12.29 (10) when removing water-related equipment from waters of the state for purposes
12.30of cleaning off aquatic macrophytes before leaving a water access site.
12.31EFFECTIVE DATE.This section is effective the day following final enactment
12.32and applies to violations committed on or after that date.
12.33 Sec. 24. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
13.1 Subdivision 1. Launching prohibited. A person may not place or attempt to
13.2place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
13.3equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
13.4attached except as provided in this section.
13.5EFFECTIVE DATE.This section is effective the day following final enactment
13.6and applies to violations committed on or after that date.
13.7 Sec. 25. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
13.8 Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
13.9peace officer may order:
13.10 (1) the removal of aquatic macrophytes or prohibited invasive species from
13.11
13.12 (2) confinement of the
13.13other location until the
13.14 (3) removal of
13.15to remove prohibited invasive species if the water has not been designated by the
13.16commissioner as being infested with that species
13.17 (4) a prohibition on placing water-related equipment into waters of the state when
13.18the water-related equipment has aquatic macrophytes or prohibited invasive species
13.19attached in violation of subdivision 1 or when water has not been drained or the drain plug
13.20has not been removed in violation of subdivision 4.
13.21 (b) An inspector who is not a licensed peace officer may issue orders under
13.22paragraph (a), clauses (1), (3), and (4).
13.23EFFECTIVE DATE.This section is effective the day following final enactment
13.24and applies to violations committed on or after that date.
13.25 Sec. 26. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
13.26 Subd. 4. Persons
13.27equipment. (a)
13.28
13.29removing the drain plug before transporting the
13.30equipment
13.31 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
13.32from ballast tanks, bilges, and live wells must be removed or opened while transporting
13.33
14.1 (c) Emergency response vehicles and equipment may be transported on a public road
14.2with the drain plug or other similar device replaced only after all water has been drained
14.3from the equipment upon leaving the water body.
14.4 (d) Portable bait containers used by licensed aquatic farms and marine sanitary
14.5systems
14.6subdivision.
14.7 (e) A person must not dispose of bait in waters of the state.
14.8
14.9
14.10
14.11
14.12
14.13EFFECTIVE DATE.This section is effective the day following final enactment
14.14and applies to violations committed on or after that date.
14.15 Sec. 27. [84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
14.16 Subdivision 1. Compliance inspections. Compliance with aquatic invasive
14.17species inspection requirements is an express condition of operating or transporting
14.18water-related equipment. An inspector may prohibit an individual from placing or
14.19operating water-related equipment in waters of the state if the individual refuses to allow
14.20an inspection of the individual's water-related equipment or refuses to remove and dispose
14.21of aquatic invasive species, aquatic macrophytes, and water.
14.22 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
14.23individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
14.24species, and water.
14.25(b) Inspectors may visually and tactilely inspect watercraft and water-related
14.26equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
14.27is present. If a person transporting watercraft or water-related equipment refuses to
14.28take required corrective actions or fails to comply with an order under section 84D.10,
14.29subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a
14.30conservation officer or other licensed peace officer.
14.31(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
14.32may inspect any watercraft or water-related equipment that is stopped at a water access
14.33site, any other public location in the state, or a private location where the watercraft or
14.34water-related equipment is in plain view, if the officer determines there is reason to believe
15.1that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
15.2water-related equipment.
15.3(d) Conservation officers or other licensed peace officers may utilize check stations
15.4in locations, or in proximity to locations, where watercraft or other water-related
15.5equipment is placed into or removed from waters of the state. Any check stations shall be
15.6operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
15.7EFFECTIVE DATE.This section is effective the day following final enactment
15.8and applies to violations committed on or after that date.
15.9 Sec. 28. [84D.108] SERVICE PROVIDER PERMIT.
15.10 Subdivision 1. Service provider permit required. (a) Service providers must apply
15.11for and obtain a permit from the commissioner before providing any services described in
15.12section 84D.01, subdivision 15a.
15.13(b) Service providers must have a valid permit in possession while providing
15.14services described in section 84D.01, subdivision 15a.
15.15 Subd. 2. Permit requirements. (a) Service providers must complete invasive
15.16species training provided by the commissioner and pass an examination to qualify for a
15.17permit. Service provider permits are valid for three calendar years.
15.18(b) A $50 application and testing fee is required for service provider permit
15.19applications.
15.20(c) Persons working for a permittee must satisfactorily complete aquatic invasive
15.21species-related training provided by the commissioner.
15.22 Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
15.23revoke a permit as provided in section 84D.11, subdivision 3.
15.24 Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
15.25in section
15.26 Sec. 29. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
15.27 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
15.28a permit to allow the harvest of bait from waters that are designated as infested waters,
15.29except those designated because they contain prohibited invasive species of fish. The
15.30permit shall include conditions necessary to avoid spreading aquatic invasive species.
15.31 (b) Before receiving a permit, or working for a permittee, a person annually
15.32must satisfactorily complete aquatic invasive species-related training provided by the
15.33commissioner.
16.1 Sec. 30. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
16.2 Subd. 3. Criminal penalties. (a) A person who violates a provision of
16.3sections
16.4section
16.5 (b) A person who possesses, transports, or introduces a prohibited invasive species in
16.6violation of section
16.7sells, or propagates a prohibited invasive species in violation of section
16.8of a gross misdemeanor.
16.9 (c) A person who refuses to obey an order of a peace officer or conservation officer
16.10to remove prohibited invasive species or aquatic macrophytes from any
16.11
16.12EFFECTIVE DATE.This section is effective the day following final enactment
16.13and applies to violations committed on or after that date.
16.14 Sec. 31. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
16.15 Subd. 4. Warnings; civil citations. After appropriate training, conservation
16.16officers, other licensed peace officers, and other department personnel designated by the
16.17commissioner may issue warnings or citations to a person who:
16.18 (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
16.19 (2) unlawfully places or attempts to place into waters of the state
16.20
16.21or prohibited invasive species attached;
16.22 (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
16.23by rule, Eurasian water milfoil;
16.24 (4) fails to remove plugs, open valves, and drain water
16.25
16.26
16.27water-related equipment as provided in section 84D.10, subdivision 4; or
16.28 (5) transports infested water, in violation of rule, off riparian property.
16.29EFFECTIVE DATE.This section is effective the day following final enactment
16.30and applies to violations committed on or after that date.
16.31 Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
16.32 Subd. 5. Civil penalties. A civil citation issued under this section must impose
16.33the following penalty amounts:
17.1 (1) for transporting aquatic macrophytes
17.2
17.3
17.4 (2) for placing or attempting to place into waters of the state
17.5
17.6$100;
17.7 (3) for unlawfully possessing or transporting a prohibited invasive species other
17.8than an aquatic macrophyte, $250;
17.9 (4) for placing or attempting to place into waters of the state
17.10
17.11attached when the waters are not designated by the commissioner as being infested with
17.12that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
17.13 (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
17.14prescribed by rule, Eurasian water milfoil, $100;
17.15 (6) for failing to remove plugs, open valves, and drain water
17.16
17.17sanitary systems
17.18 (7) for transporting infested water off riparian property without a permit as required
17.19by rule, $200.
17.20EFFECTIVE DATE.This section is effective the day following final enactment
17.21and applies to violations committed on or after that date.
17.22 Sec. 33. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
17.23 Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
17.24for up to a year, the watercraft license of an owner or person in control of a watercraft
17.25or trailer who refuses to submit to an inspection under section
17.2684D.105 or who refuses to comply with a removal order given under this section
17.27EFFECTIVE DATE.This section is effective the day following final enactment
17.28and applies to violations committed on or after that date.
17.29 Sec. 34. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
17.30 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
17.31license suspension is effective 30 days after issuance of the civil citation. A civil penalty
17.32collected under this section
17.33if the citation was issued by a conservation officer and must be credited to the invasive
18.1species account
18.2issued the civil citation.
18.3EFFECTIVE DATE.This section is effective the day following final enactment
18.4and applies to violations committed on or after that date.
18.5 Sec. 35. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
18.6 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
18.7section
18.8provider permits under section 84D.108, shall be deposited in the invasive species account.
18.9Each year, the commissioner of management and budget shall transfer from the game and
18.10fish fund to the invasive species account, the annual surcharge collected on nonresident
18.11fishing licenses under section
18.12and 2011, the commissioner of management and budget shall transfer $725,000 from the
18.13water recreation account under section
18.14EFFECTIVE DATE.This section is effective the day following final enactment
18.15and applies to violations committed on or after that date.
18.16 Sec. 36. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
18.17 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
18.18any year no use of a motorized vehicle other than a snowmobile, unless authorized by
18.19permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
18.20 (b)
18.21than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
18.22by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
18.23vehicles, off-road vehicles, or both, and off-highway motorcycles.
18.24 Sec. 37. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
18.25 Subd. 4b. Regional trails. The commissioner shall administer a program to
18.26provide grants to units of government for acquisition and betterment of public land and
18.27improvements needed for trails outside the metropolitan area deemed to be of regional
18.28significance according to criteria published by the commissioner. Recipients must provide
18.29a nonstate cash match of at least
18.30land used for the trails is not in full public ownership, then the recipients must prove it
18.31is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
18.32make payment to a unit of government upon receiving documentation of reimbursable
19.1expenditures. A unit of government may enter into a lease or management agreement
19.2for the trail, subject to section
19.3 Sec. 38. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
19.4 Subd. 4c. Trail connections. The commissioner shall administer a program to
19.5provide grants to units of government for acquisition and betterment of public land and
19.6improvements needed for trails that connect communities, trails, and parks and thereby
19.7increase the effective length of trail experiences. Recipients must provide a nonstate cash
19.8match of at least
19.9trails is not in full public ownership, then the recipients must prove it is dedicated to the
19.10purposes of the grants for at least 20 years. The commissioner shall make payment to a
19.11unit of government upon receiving documentation of reimbursable expenditures. A unit
19.12of government may enter into a lease or management agreement for the trail, subject
19.13to section
19.14 Sec. 39. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
19.15 Subdivision 1. Areas marked. The commissioner of natural resources is authorized
19.16in cooperation with local units of government and private individuals and groups when
19.17feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
19.18Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine,
19.19Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
19.20Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
19.21Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
19.22Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark
19.23appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
19.24whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft
19.25travelers.
19.26 Sec. 40. [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
19.27(a) A watercraft owner or operator must obtain and display an aquatic invasive
19.28species rules decal issued by the commissioner on the owner or operator's watercraft prior
19.29to launching on, entering into, or operating on any waters of the state.
19.30(b) The aquatic invasive species rules decal must be attached to the watercraft.
19.31 Sec. 41. Minnesota Statutes 2010, section 86B.811, is amended by adding a subdivision
19.32to read:
20.1 Subd. 1a. Petty misdemeanor. A watercraft owner who fails to obtain or display
20.2an aquatic invasive species rules decal or a person who operates a watercraft that does
20.3not display an aquatic invasive species rule decal in violation of section 86B.508 is guilty
20.4of a petty misdemeanor.
20.5 Sec. 42. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
20.6 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
20.7on water and used on the waters of this state may obtain a certificate of title for the device,
20.8even though it is not a watercraft as defined in section
20.9same manner and with the same effect as the owner of a watercraft required to be titled
20.10under
20.11is a titled watercraft as defined in section
20.12subject to
20.13watercraft required to be titled.
20.14 Sec. 43. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
20.15 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
20.16watercraft upon verification that:
20.17 (1) the application is genuine;
20.18 (2) the applicant is the owner of the watercraft; and
20.19 (3) payment of the required fee.
20.20 (b) The original certificate of title must be mailed to the
20.21
20.22any, must be mailed notification of their security interest filed.
20.23 Sec. 44. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
20.24 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
20.25certificate of title under this section. The duplicate certificate of title must be a certified
20.26copy plainly marked "duplicate" across its face and must contain the legend: "This
20.27duplicate certificate of title may be subject to the rights of a person under the original
20.28certificate." It must be mailed
20.29The commissioner shall indicate in the department records that a duplicate has been issued.
20.30 (b) As a condition to issuing a duplicate certificate of title, the commissioner may
20.31require a bond from the applicant in the manner and form prescribed in section
20.32subdivision 4
21.1 Sec. 45. Minnesota Statutes 2010, section 86B.885, is amended to read:
21.286B.885 OWNER-CREATED SECURITY INTEREST.
21.3 Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
21.4 (a) The owner shall immediately execute the application in the space provided on the
21.5certificate of title or on a separate form prescribed by the commissioner, show the name
21.6and address of the secured party on the certificate, and have the certificate, application,
21.7and required fee delivered to the secured party.
21.8 (b) The secured party shall immediately have the certificate, application, and
21.9required fee mailed or delivered to the commissioner.
21.10 (c)
21.11
21.12
21.13
21.14
21.15not affect the rights of the first secured party under the security agreement.
21.16 (d) Upon receiving the certificate of title, application, and required fee, the
21.17commissioner shall either endorse on the certificate or issue a new certificate containing
21.18the name and address of the new secured party, and mail or deliver the certificate to the
21.19
21.20notification that the security interest has been recorded.
21.21 Sec. 46. Minnesota Statutes 2010, section 89.17, is amended to read:
21.2289.17 LEASES AND PERMITS.
21.23(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
21.24have power to grant and execute, in the name of the state, leases and permits for the use of
21.25any forest lands under the authority of the commissioner for any purpose which in the
21.26commissioner's opinion is not inconsistent with the maintenance and management of the
21.27forest lands, on forestry principles for timber production. Every such lease or permit shall
21.28be revocable at the discretion of the commissioner at any time subject to such conditions
21.29as may be agreed on in the lease. The approval of the commissioner of administration
21.30shall not be required upon any such lease or permit. No such lease or permit for a period
21.31exceeding 21 years shall be granted except with the approval of the Executive Council.
21.32(b) Public access to the leased land for outdoor recreation shall be the same as
21.33access would be under state management.
21.34(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable
21.35costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing
22.1of school trust land and university land for roads on forest lands must be deposited into the
22.2respective permanent fund for the lands.
22.3 Sec. 47. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
22.4 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
22.5is established to plan for diversified mineral development. The Mineral Coordinating
22.6Committee consists of:
22.7 (1) the commissioner of natural resources;
22.8 (2) the
22.9
22.10
22.11
22.12
22.13
22.14
22.15
22.16each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
22.17minerals industries within the state and one representing labor.
22.18 Sec. 48. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
22.19 Subd. 3. Expiration. Notwithstanding section
22.20the contrary, the committee expires June 30,
22.21 Sec. 49. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
22.22 Subd. 4b. Citizen oversight
22.23shall appoint
22.24prepared under subdivision 4; review the proposed work plans and budgets for the coming
22.25year; propose changes in policies, activities, and revenue enhancements or reductions;
22.26review other relevant information; and make recommendations to the legislature and
22.27the commissioner for improvements in the management and use of money in the game
22.28and fish fund.
22.29 (b) The commissioner shall appoint the following
22.30comprised of at least
22.31 (1) a Fisheries
22.32funding and expenditures,
22.33stamps and walleye
23.1 (2) a Wildlife
23.2funding and expenditures,
23.3pheasant, and wild turkey management
23.4
23.5game management.
23.6
23.7
23.8
23.9
23.10
23.11
23.12
23.13
23.14
23.15
23.16
23.17
23.18
23.19
23.20
23.21 (c) The chairs
23.22Wildlife Oversight Committee, and four additional members from each committee, shall
23.23form a Budgetary Oversight Committee to coordinate the integration of the
23.24fisheries and wildlife oversight committee reports into an annual report to the legislature;
23.25recommend changes on a broad level in policies, activities, and revenue enhancements or
23.26reductions; and provide a forum to address issues that transcend the
23.27
23.28fisheries and wildlife oversight committees.
23.29 (d) The Budgetary Oversight Committee shall develop recommendations for a
23.30biennial budget plan and report for expenditures on game and fish activities. By August 15
23.31of each even-numbered year, the committee shall submit the budget plan recommendations
23.32to the commissioner and to the senate and house of representatives committees with
23.33jurisdiction over natural resources finance.
23.34 (e)
23.35Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
23.36by their respective committees. The chair of the Budgetary Oversight Committee shall
24.1be appointed by the commissioner and may not be the chair of
24.2either of the other oversight committees.
24.3 (f) The Budgetary Oversight Committee
24.4commissioner and to the senate and house of representatives committees with jurisdiction
24.5over natural resources finance for outcome goals from expenditures.
24.6 (g) Notwithstanding section
24.7Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
24.8Oversight Committee
24.9 Sec. 50. [97A.134] ADOPT-A-WMA PROGRAM.
24.10 Subdivision 1. Creation. The Minnesota adopt-a-WMA (wildlife management area)
24.11program is established. The commissioner shall coordinate the program through the
24.12regional offices of the Department of Natural Resources.
24.13 Subd. 2. Agreements. (a) The commissioner shall enter into informal agreements
24.14with sporting, outdoor, business, and civic groups or individuals for volunteer services to
24.15maintain and make improvements to real property on state wildlife management areas in
24.16accordance with plans devised by the commissioner after consultation with the groups
24.17or individuals.
24.18 (b) The commissioner may erect appropriate signs to recognize and express
24.19appreciation to groups and individuals providing volunteer services under the
24.20adopt-a-WMA program.
24.21 (c) The commissioner may provide assistance to enhance the comfort and safety of
24.22volunteers and to facilitate the implementation and administration of the adopt-a-WMA
24.23program.
24.24 Sec. 51. Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:
24.25 Subd. 4. Restrictions. (a) The commissioner may by rule establish restrictions on
24.26fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
24.27to restrict activities that affect research or management work, to restrict the number of
24.28boats, and for the safety of contest participants. The commissioner may require mandatory
24.29decontamination of boats participating in fishing contests on infested waters.
24.30(b) By March 1, 2011, the commissioner shall develop a best practices certification
24.31program for fishing contest organizers to ensure the proper handling and release of fish.
24.32 Sec. 52. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
25.1 Subd. 2. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G,
25.2and 115, and the rules and regulations of the respective agencies and governing bodies
25.3vested with jurisdiction and authority under those chapters, the district has the following
25.4powers to:
25.5 (1) regulate the types of boats permitted to use the lake and set service fees;
25.6 (2) limit the use of motors, including their types and horsepower, on the lake;
25.7 (3) regulate, maintain, and police public beaches, public docks, and other public
25.8facilities for access to the lake within the territory of the municipalities;
25.9 (4) limit by rule the use of the lake at various times and the use of various parts of
25.10the lake;
25.11 (5) regulate the speed of boats on the lake and the conduct of other activities on the
25.12lake to secure the safety of the public and the most general public use;
25.13 (6) contract with other law enforcement agencies to police the lake and its shores;
25.14 (7) regulate the construction, installation, and maintenance of permanent and
25.15temporary docks and moorings consistent with federal and state law;
25.16 (8) regulate the construction and use of mechanical and chemical means of deicing
25.17the lake and to regulate the mechanical and chemical means of removal of weeds and
25.18algae from the lake;
25.19 (9) regulate the construction, configuration, size, location, and maintenance of
25.20commercial marinas and their related facilities including parking areas and sanitary
25.21facilities. The regulation shall be consistent with the applicable municipal building codes
25.22and zoning ordinances where said marinas are situated;
25.23 (10) contract with other governmental bodies to perform any of the functions
25.24of the district;
25.25 (11) undertake research to determine the condition and development of the lake and
25.26the water entering it and to transmit their studies to the Pollution Control Agency and other
25.27interested authorities; and to develop a comprehensive program to eliminate pollution;
25.28 (12) receive financial assistance from and join in projects or enter into contracts
25.29with federal and state agencies for the study and treatment of pollution problems and
25.30demonstration programs related to them;
25.31 (13) petition the board of managers of a watershed district where the White Bear
25.32Lake Conservation District is located for improvements under section
25.33which a bond may not be required of the district; and
25.34 (14) to require the submission of all plans pertaining to or affecting construction or
25.35other lakeshore use on any lot or parcel of land abutting the shoreline including: length
25.36of setback from the shoreline, adjoining property, or any street or highway; problems of
26.1population density; possible water, air or visual pollution; or height of construction. The
26.2board shall have 60 days after submission of plans or any part thereof for review. If, within
26.360 days of submission the board finds the plan or any part is inconsistent with its plans or
26.4ordinances, it may recommend that the plan or any part be revised and resubmitted.
26.5 Sec. 53. Minnesota Statutes 2010, section 103F.705, is amended to read:
26.6103F.705 PURPOSE.
26.7
26.8103F.755 to protect
26.9state, through financial and technical assistance to local units of government to
26.10prevent water pollution, including that associated with land use and land management
26.11activities
26.12
26.13
26.14
26.15
26.16
26.17
26.18
26.19
26.20
26.21
26.22nonpoint source water pollution.
26.23 Sec. 54. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
26.24 Subd. 8. Project. "Project" means the
26.25pollution
26.26
26.27and the
26.28
26.29protect and improve water quality.
26.30 Sec. 55. Minnesota Statutes 2010, section 103F.715, is amended to read:
26.31103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
26.32 A clean water partnership program is established as provided in sections
27.1sections.
27.2
27.3
27.4units of government for projects in geographical areas that contribute to surface or ground
27.5water flows. The projects shall provide for protection
27.6restoration of surface and ground water
27.7 Sec. 56. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
27.8 Subdivision 1. Grants. (a) The agency may award grants for up to 50 percent
27.9of the eligible cost for
27.10
27.11
27.12 (b) The agency shall determine which costs are eligible costs and grants shall be
27.13made and used only for eligible costs.
27.14 Sec. 57. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to
27.15read:
27.16 Subd. 1a. Loans. (a) Up to
27.17water revolving fund in section
27.18may be provided to the commissioner for
27.19loan program.
27.20 (b) The agency may award loans for up to 100 percent of the costs associated with
27.21activities identified by the agency as best management practices pursuant to section
27.22319 and section 320 of the federal Water Quality Act of 1987, as amended, including
27.23associated administrative costs.
27.24 (c) Loans may be used to finance clean water partnership grant project eligible costs
27.25not funded by grant assistance.
27.26 (d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
27.27shall be determined by the agency in consultation with the Public Facilities Authority.
27.28 (e) The repayment must be deposited in the clean water revolving fund under section
27.30 (f) The local unit of government receiving the loan is responsible for repayment of
27.31the loan.
27.32 (g) For the purpose of obtaining a loan from the agency, a local government unit
27.33may provide to the agency its general obligation note. All obligations incurred by a local
27.34government unit in obtaining a loan from the agency must be in accordance with chapter
28.1475, except that so long as the obligations are issued to evidence a loan from the agency
28.2to the local government unit, an election is not required to authorize the obligations
28.3issued, and the amount of the obligations shall not be included in determining the net
28.4indebtedness of the local government unit under the provisions of any law or chapter
28.5limiting the indebtedness.
28.6 Sec. 58. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
28.7 Subd. 2. Eligibility; documents required. (a) Local units of government are
28.8eligible to apply for assistance. An applicant for assistance shall submit
28.9
28.10 (1)
28.11 (2) evidence that the applicant has consulted with the involved local soil and
28.12water conservation districts and watershed districts, where they exist, in preparing the
28.13application
28.14
28.15documents:
28.16
28.18
28.19
28.20
28.21hydrologic information on the area, a general identification of water quality problems
28.22and goals, and that demonstrates a local commitment to water quality protection
28.23
28.24 (5) an approved total maximum daily load (TMDL) or a TMDL implementation
28.25plan; or
28.26 (6) a watershed protection and restoration strategy implementation plan.
28.27
28.28
28.29
28.30
28.31
28.32
28.33
28.34
29.1 Sec. 59. Minnesota Statutes 2010, section 103F.735, is amended to read:
29.2103F.735 AGENCY REVIEW OF
29.3 Subdivision 1. Ranking of
29.4
29.5within the limits of available appropriations, grant those
29.6the highest priority. The agency shall by rule adopt appropriate criteria to determine
29.7the priority of projects.
29.8 Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best
29.9demonstrate compliance with the objectives in paragraphs (b) to
29.10 (b) The project demonstrates participation, coordination, and cooperation between
29.11local units of government
29.12
29.13 (c) The degree of water quality
29.14restoration is maximized relative to the cost of implementing the best management
29.15practices.
29.16 (d) Best management practices provide a feasible means to abate or prevent nonpoint
29.17source water pollution.
29.18
29.19
29.20
29.21 Sec. 60. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
29.22 Subdivision 1. Implementation according to law and contract. A local unit
29.23of government receiving technical or financial assistance, or both, from the agency
29.24shall carry out the
29.25terms of the plan, the provisions of a contract or grant agreement made with the agency
29.26and according to sections
29.27applicable federal requirements.
29.28 Sec. 61. Minnesota Statutes 2010, section 103F.745, is amended to read:
29.29103F.745 RULES.
29.30 (a) The agency shall adopt rules necessary to implement sections
29.32 (1) procedures to be followed by local units of government in applying for technical
29.33or financial assistance or both;
29.34 (2) conditions for the administration of assistance;
30.1 (3)
30.2
30.3 (4)
30.4evaluation and approval of a project;
30.5 (5)
30.6
30.7
30.8
30.9
30.10units of government applying for assistance;
30.11 (7) requirements for providing measurable outcomes; and
30.12
30.13administration of sections
30.14by the commissioner to be necessary for the implementation of federal programs to
30.15
30.16 (b) For financial assistance by loan under section
30.17established by rule
30.18and administrative procedures
30.19
30.20
30.21 Sec. 62. Minnesota Statutes 2010, section 103F.751, is amended to read:
30.22103F.751 NONPOINT SOURCE POLLUTION
30.23PLAN AND PROGRAM EVALUATION.
30.24 To coordinate the programs and activities used to control nonpoint sources of
30.25pollution to achieve the state's water quality goals, the agency shall
30.26
30.27the requirements of the federal Clean Water Act
30.28
30.29
30.30
30.31accomplish the purposes and objectives of the state nonpoint source pollution
30.32management plan
30.33
30.34
30.35
31.1 Sec. 63. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to
31.2read:
31.3 Subd. 10e. Local government unit. "Local government unit" means:
31.4 (1) outside of the seven-county metropolitan area, a city council, county board of
31.5commissioners, or a soil and water conservation district or their delegate;
31.6 (2) in the seven-county metropolitan area, a city council, a town board under section
31.8conservation district or their delegate;
31.9 (3) on state land, the agency with administrative responsibility for the land; and
31.10 (4) for wetland banking projects established solely for replacing wetland impacts
31.11under a permit to mine under section 93.481, the commissioner of natural resources.
31.12 Sec. 64. Minnesota Statutes 2010, section 103G.005, is amended by adding a
31.13subdivision to read:
31.14 Subd. 10f. Electronic transmission. "Electronic transmission" means the transfer
31.15of data or information through an electronic data interchange system consisting of, but not
31.16limited to, computer modems and computer networks. Electronic transmission specifically
31.17means electronic mail, unless other means of electronic transmission are mutually agreed
31.18to by the sender and recipient.
31.19 Sec. 65. Minnesota Statutes 2010, section 103G.2212, is amended to read:
31.20103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS
31.21OR FILLS WETLANDS.
31.22 Subdivision 1. Conditions for employees and agents to drain or fill wetlands.
31.23 An agent or employee of another may not drain or fill a wetland, wholly or partially,
31.24unless the agent or employee has:
31.25 (1) obtained a signed statement from the property owner stating that the wetland
31.26replacement plan required for the work has been obtained or that a replacement plan
31.27is not required; and
31.28 (2) mailed or sent by electronic transmission a copy of the statement to the local
31.29government unit with jurisdiction over the wetland.
31.30 Subd. 2. Violation is separate offense. Violation of this section is a separate and
31.31independent offense from other violations of sections
31.32 Subd. 3. Form for compliance with this section. The board shall develop a form
31.33to be distributed to contractors' associations, local government units, and soil and water
31.34conservation districts to comply with this section. The form must include:
32.1 (1) a listing of the activities for which a replacement plan is required;
32.2 (2) a description of the penalties for violating sections
32.3 (3) the telephone number to call for information on the responsible local government
32.4unit;
32.5 (4) a statement that national wetland inventory maps are on file with the soil and
32.6water conservation district office; and
32.7 (5) spaces for a description of the work and the names, mailing addresses or other
32.8contact information, and telephone numbers of the person authorizing the work and the
32.9agent or employee proposing to undertake it.
32.10 Sec. 66. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
32.11 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
32.12partially, unless replaced by restoring or creating wetland areas of at least equal public
32.13value under a replacement plan approved as provided in section
32.14plan under a local governmental unit's comprehensive wetland protection and management
32.15plan approved by the board under section
32.16under section
32.17under the permit to mine. For project-specific wetland replacement completed prior to
32.18wetland impacts authorized or conducted under a permit to mine within the Great Lakes
32.19and Rainy River watershed basins, those basins shall be considered a single watershed
32.20for purposes of determining wetland replacement ratios. Mining reclamation plans shall
32.21apply the same principles and standards for replacing wetlands by restoration or creation
32.22of wetland areas that are applicable to mitigation plans approved as provided in section
32.24a comprehensive wetland protection and management plan established under section
32.26and semipermanently flooded areas of types 3, 4, and 5 wetlands.
32.27 (b) Replacement must be guided by the following principles in descending order
32.28of priority:
32.29 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
32.30the wetland;
32.31 (2) minimizing the impact by limiting the degree or magnitude of the wetland
32.32activity and its implementation;
32.33 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
32.34wetland environment;
33.1 (4) reducing or eliminating the impact over time by preservation and maintenance
33.2operations during the life of the activity;
33.3 (5) compensating for the impact by restoring a wetland; and
33.4 (6) compensating for the impact by replacing or providing substitute wetland
33.5resources or environments.
33.6 For a project involving the draining or filling of wetlands in an amount not exceeding
33.710,000 square feet more than the applicable amount in section
33.8paragraph (a), the local government unit may make an on-site sequencing determination
33.9without a written alternatives analysis from the applicant.
33.10 (c) If a wetland is located in a cultivated field, then replacement must be
33.11accomplished through restoration only without regard to the priority order in paragraph
33.12(b), provided that a deed restriction is placed on the altered wetland prohibiting
33.13nonagricultural use for at least ten years.
33.14 (d) If a wetland is drained under section
33.15(b) and (e), the local government unit may require a deed restriction that prohibits
33.16nonagricultural use for at least ten years unless the drained wetland is replaced as provided
33.17under this section. The local government unit may require the deed restriction if it
33.18determines the wetland area drained is at risk of conversion to a nonagricultural use within
33.19ten years based on the zoning classification, proximity to a municipality or full service
33.20road, or other criteria as determined by the local government unit.
33.21 (e) Restoration and replacement of wetlands must be accomplished in accordance
33.22with the ecology of the landscape area affected and ponds that are created primarily to
33.23fulfill storm water management, and water quality treatment requirements may not be
33.24used to satisfy replacement requirements under this chapter unless the design includes
33.25pretreatment of runoff and the pond is functioning as a wetland.
33.26 (f) Except as provided in paragraph (g), for a wetland or public waters wetland
33.27located on nonagricultural land, replacement must be in the ratio of two acres of replaced
33.28wetland for each acre of drained or filled wetland.
33.29 (g) For a wetland or public waters wetland located on agricultural land or in a greater
33.30than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
33.31for each acre of drained or filled wetland.
33.32 (h) Wetlands that are restored or created as a result of an approved replacement plan
33.33are subject to the provisions of this section for any subsequent drainage or filling.
33.34 (i) Except in a greater than 80 percent area, only wetlands that have been restored
33.35from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
33.36wetlands created by dikes or dams along public or private drainage ditches, or wetlands
34.1created by dikes or dams associated with the restoration of previously drained or filled
34.2wetlands may be used in a statewide banking program established in rules adopted under
34.3section
34.4occurring wetlands from one type to another are not eligible for enrollment in a statewide
34.5wetlands bank.
34.6 (j) The Technical Evaluation Panel established under section
34.72
34.8characteristics of soils, vegetation, and hydrology before recommending that the wetland
34.9be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
34.10to believe that the wetland characteristics may change substantially, the panel shall
34.11postpone its recommendation until the wetland has stabilized.
34.12 (k) This section and sections
34.14 (l) For projects involving draining or filling of wetlands associated with a new public
34.15transportation project, and for projects expanded solely for additional traffic capacity,
34.16public transportation authorities may purchase credits from the board at the cost to the
34.17board to establish credits. Proceeds from the sale of credits provided under this paragraph
34.18are appropriated to the board for the purposes of this paragraph. For the purposes of this
34.19paragraph, "transportation project" does not include an airport project.
34.20 (m) A replacement plan for wetlands is not required for individual projects that
34.21result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
34.22or replacement of a currently serviceable existing state, city, county, or town public road
34.23necessary, as determined by the public transportation authority, to meet state or federal
34.24design or safety standards or requirements, excluding new roads or roads expanded solely
34.25for additional traffic capacity lanes. This paragraph only applies to authorities for public
34.26transportation projects that:
34.27 (1) minimize the amount of wetland filling or draining associated with the project
34.28and consider mitigating important site-specific wetland functions on site;
34.29 (2) except as provided in clause (3), submit project-specific reports to the board, the
34.30Technical Evaluation Panel, the commissioner of natural resources, and members of the
34.31public requesting a copy at least 30 days prior to construction that indicate the location,
34.32amount, and type of wetlands to be filled or drained by the project or, alternatively,
34.33convene an annual meeting of the parties required to receive notice to review projects to
34.34be commenced during the upcoming year; and
34.35 (3) for minor and emergency maintenance work impacting less than 10,000 square
34.36feet, submit project-specific reports, within 30 days of commencing the activity, to the
35.1board that indicate the location, amount, and type of wetlands that have been filled
35.2or drained.
35.3 Those required to receive notice of public transportation projects may appeal
35.4minimization, delineation, and on-site mitigation decisions made by the public
35.5transportation authority to the board according to the provisions of section
35.6subdivision 9
35.7decisions made by the public transportation authority and provide recommendations
35.8regarding on-site mitigation if requested to do so by the local government unit, a
35.9contiguous landowner, or a member of the Technical Evaluation Panel.
35.10 Except for state public transportation projects, for which the state Department of
35.11Transportation is responsible, the board must replace the wetlands, and wetland areas of
35.12public waters if authorized by the commissioner or a delegated authority, drained or filled
35.13by public transportation projects on existing roads.
35.14 Public transportation authorities at their discretion may deviate from federal and
35.15state design standards on existing road projects when practical and reasonable to avoid
35.16wetland filling or draining, provided that public safety is not unreasonably compromised.
35.17The local road authority and its officers and employees are exempt from liability for
35.18any tort claim for injury to persons or property arising from travel on the highway and
35.19related to the deviation from the design standards for construction or reconstruction under
35.20this paragraph. This paragraph does not preclude an action for damages arising from
35.21negligence in construction or maintenance on a highway.
35.22 (n) If a landowner seeks approval of a replacement plan after the proposed project
35.23has already affected the wetland, the local government unit may require the landowner to
35.24replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
35.25required.
35.26 (o) A local government unit may request the board to reclassify a county or
35.27watershed on the basis of its percentage of presettlement wetlands remaining. After
35.28receipt of satisfactory documentation from the local government, the board shall change
35.29the classification of a county or watershed. If requested by the local government unit,
35.30the board must assist in developing the documentation. Within 30 days of its action to
35.31approve a change of wetland classifications, the board shall publish a notice of the change
35.32in the Environmental Quality Board Monitor.
35.33 (p) One hundred citizens who reside within the jurisdiction of the local government
35.34unit may request the local government unit to reclassify a county or watershed on the basis
35.35of its percentage of presettlement wetlands remaining. In support of their petition, the
35.36citizens shall provide satisfactory documentation to the local government unit. The local
36.1government unit shall consider the petition and forward the request to the board under
36.2paragraph (o) or provide a reason why the petition is denied.
36.3 Sec. 67. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
36.4 Subd. 3. Wetland replacement siting. (a)
36.5wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less
36.6than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in
36.7a less than 50 percent area. All wetland replacement must follow this priority order:
36.8 (1) on site or in the same minor watershed as the
36.9 (2) in the same watershed as the
36.10 (3) in the same county or wetland bank service area as the
36.11 (4)
36.12
36.13
36.14
36.15
36.16
36.17area
36.18
36.19
36.20
36.21impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and
36.22wetlands
36.23ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan
36.24counties, or (iii) in one of the major watersheds that are wholly or partially within the
36.25seven-county metropolitan area, but at least one to one must be replaced within the
36.26seven-county metropolitan area.
36.27 (b)
36.28
36.29
36.30
36.31
36.32
36.33
36.34
36.35
37.1
37.2
37.3
37.4completed using wetland banking credits established by a person who submitted a
37.5complete wetland banking application to a local government unit by April 1, 1996.
37.6
37.7opportunities are not available in siting priorities listed in paragraph (a), the applicant
37.8may seek opportunities at the next level.
37.9
37.10beneficial replacement opportunities" are defined as opportunities that:
37.11 (1) take advantage of naturally occurring hydrogeomorphological conditions and
37.12require minimal landscape alteration;
37.13 (2) have a high likelihood of becoming a functional wetland that will continue
37.14in perpetuity;
37.15 (3) do not adversely affect other habitat types or ecological communities that are
37.16important in maintaining the overall biological diversity of the area; and
37.17 (4) are available and capable of being done after taking into consideration cost,
37.18existing technology, and logistics consistent with overall project purposes.
37.19 (e) Applicants and local government units shall rely on board-approved
37.20comprehensive inventories of replacement opportunities and watershed conditions,
37.21including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
37.222010), in determining whether reasonable, practicable, and environmentally beneficial
37.23replacement opportunities are available.
37.24
37.25wetland restoration shall collaborate to identify potential replacement opportunities within
37.26their jurisdictional areas.
37.27 Sec. 68. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to
37.28read:
37.29 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
37.30for a wetland boundary or type determination from the local government unit. The
37.31landowner applying for the determination is responsible for submitting proof necessary
37.32to make the determination, including, but not limited to, wetland delineation field data,
37.33observation well data, topographic mapping, survey mapping, and information regarding
37.34soils, vegetation, hydrology, and groundwater both within and outside of the proposed
37.35wetland boundary.
38.1 (b) A local government unit that receives an application under paragraph (a) may
38.2seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
38.3if necessary, expand the Technical Evaluation Panel. The local government unit may
38.4delegate the decision authority for wetland boundary or type determinations to designated
38.5staff, or establish other procedures it considers appropriate.
38.6 (c) The local government unit decision must be made in compliance with section
38.8be mailed or sent by electronic transmission to the landowner, members of the Technical
38.9Evaluation Panel, the watershed district or watershed management organization, if one
38.10exists, and individual members of the public who request a copy.
38.11 (d)
38.12
38.13
38.14
38.15
38.16Technical Evaluation Panel determines that natural or artificial changes to the hydrology,
38.17vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.
38.18 Sec. 69. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to
38.19read:
38.20 Subd. 6. Notice of application. (a)
38.21
38.22must be reviewed by the local government according to section 15.99, subdivision 3,
38.23paragraph (a). Copies of the complete application must be mailed or sent by electronic
38.24transmission to the members of the Technical Evaluation Panel, the managers of the
38.25watershed district if one exists, and the commissioner of natural resources. Individual
38.26members of the public who request a copy shall be provided information to identify the
38.27applicant and the location and scope of the project.
38.28 (b)
38.29
38.30
38.31
38.32
38.33
38.34for replacement plan approval and an application for a revision to an approved replacement
38.35plan if:
39.1 (1) the wetland area to be drained or filled under the revised replacement plan is at
39.2least ten percent larger than the area to be drained or filled under the original replacement
39.3plan; or
39.4 (2) the wetland area to be drained or filled under the revised replacement is located
39.5more than 500 feet from the area to be drained or filled under the original replacement plan.
39.6 Sec. 70. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to
39.7read:
39.8 Subd. 7. Notice of decision. Within ten days of the approval or denial of a
39.9replacement plan under this section,
39.10decision must be mailed or sent by electronic transmission to members of the Technical
39.11Evaluation Panel, the applicant, individual members of the public who request a copy,
39.12the managers of the watershed district, if one exists, and the commissioner of natural
39.13resources.
39.14 Sec. 71. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to
39.15read:
39.16 Subd. 9.
39.17sequencing, exemption, wetland banking, wetland boundary or type determination, or
39.18no-loss decision
39.19of a filing fee, which shall be retained by the board to defray administrative costs, to
39.20the board within 30 days after the postmarked date of the mailing or date of sending by
39.21electronic transmission specified in subdivision 7. If appeal is not sought within 30 days,
39.22the decision becomes final. If the petition for hearing is accepted, the amount posted must
39.23be returned to the petitioner. Appeal may be made by:
39.24 (1) the wetland owner;
39.25 (2) any of those to whom notice is required to be mailed or sent by electronic
39.26transmission under subdivision 7; or
39.27 (3) 100 residents of the county in which a majority of the wetland is located.
39.28 (b) Within 30 days after receiving a petition, the board shall decide whether to
39.29grant the petition and hear the appeal. The board shall grant the petition unless the board
39.30finds that:
39.31 (1) the appeal is
39.32purposes of delay;
39.33 (2) the petitioner has not exhausted all local administrative remedies;
39.34 (3) expanded technical review is needed;
40.1 (4) the local government unit's record is not adequate; or
40.2 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
40.3by the local government unit.
40.4 (c) In determining whether to grant the appeal, the board, executive director, or
40.5dispute resolution committee shall also consider the size of the wetland, other factors in
40.6controversy, any patterns of similar acts by the local government unit or petitioner, and
40.7the consequences of the delay resulting from the appeal.
40.8 (d)
40.9for dispute resolution of the board, and a decision must be made by the board within 60
40.10days of filing the local government unit's record and the written briefs submitted for
40.11the appeal and the hearing. The decision must be served by mail
40.12transmission to the parties to the appeal, and is not subject to the provisions of chapter
40.1314. A decision whether to grant a petition for appeal and a decision on the merits of an
40.14appeal must be considered the decision of an agency in a contested case for purposes of
40.15judicial review under sections
40.16 (e) Notwithstanding section
40.17defray the administrative costs of appeals made to the board under this subdivision. Fees
40.18established under this authority shall not exceed $1,000. Establishment of the fee is not
40.19subject to the rulemaking process of chapter 14 and section
40.20 Sec. 72. Minnesota Statutes 2010, section 103G.2242, is amended by adding a
40.21subdivision to read:
40.22 Subd. 9a. Appeals of restoration or replacement orders. A landowner or other
40.23responsible party may appeal the terms and conditions of a restoration or replacement
40.24order within 30 days of receipt of written notice of the order. The time frame for the appeal
40.25may be extended beyond 30 days by mutual agreement, in writing, between the landowner
40.26or responsible party, the local government unit, and the enforcement authority. If the
40.27written request is not submitted within 30 days, the order is final. The board's executive
40.28director must review the request and supporting evidence and render a decision within 60
40.29days of receipt of a petition. A decision on an appeal must be considered the decision of an
40.30agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.
40.31 Sec. 73. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to
40.32read:
40.33 Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank
40.34accounts and transactions as follows:
41.1 (1) account maintenance annual fee: one percent of the value of credits not to
41.2exceed $500;
41.3 (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not
41.4to exceed $1,000 per establishment, deposit, or transfer; and
41.5 (3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
41.6 (b) The board may establish fees at or below the amounts in paragraph (a) for
41.7single-user or other dedicated wetland banking accounts.
41.8 (c) Fees for single-user or other dedicated wetland banking accounts established
41.9pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment
41.10of a wetland banking account and are assessed at the rate of 6.5 percent of the value of
41.11the credits not to exceed $1,000.
41.12 Sec. 74. Minnesota Statutes 2010, section 103G.2251, is amended to read:
41.13103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK
41.14CREDIT.
41.15 In greater than 80 percent areas, preservation of wetlands
41.16
41.17under section
41.18or mitigation credits, according to rules adopted by the board. To be eligible for credit
41.19under this section, a conservation easement must be established after May 24, 2008,
41.20and approved by the board. Wetland areas on private lands preserved under this section
41.21are not eligible for replacement or mitigation credit if the area has been protected using
41.22public conservation funds.
41.23 Sec. 75. [103G.2373] ELECTRONIC TRANSMISSION.
41.24 For purposes of sections 103G.2212 to 103G.2372, notices and other documents
41.25may be sent by electronic transmission unless the recipient has provided a mailing address
41.26and specified that mailing is preferred.
41.27 Sec. 76. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
41.28 Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made
41.29issuing or denying the permit, the applicant, the managers of the watershed district, the
41.30board of supervisors of the soil and water conservation district, or the
41.31body of the municipality may file a demand for hearing on the application. The demand
41.32for a hearing must be filed within 30 days after mailed notice of the order with the bond
41.33required by subdivision 6.
42.1(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
42.2on the application, and make a determination on issuing or denying the permit as though
42.3the previous order had not been made.
42.4(c) The order issuing or denying the permit becomes final at the end of 30 days after
42.5mailed notice of the order to the applicant, the managers of the watershed district, the
42.6board of supervisors of the soil and water conservation district, or the
42.7body of the municipality, and an appeal of the order may not be taken if:
42.8(1) the commissioner waives a hearing and a demand for a hearing is not made; or
42.9(2) a hearing is demanded but a bond is not filed as required by subdivision 6.
42.10 Sec. 77. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
42.11 Subdivision 1.
42.12permits, with or without a fee, to:
42.13(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
42.14waters;
42.15(2) transplant aquatic plants into public waters;
42.16(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
42.17under prescribed conditions to protect the waters, desirable species of fish, vegetation,
42.18other forms of aquatic life, and the public.
42.19(b) Application for a permit must be accompanied by a permit fee, if required.
42.20(c) An aquatic plant management permit is valid for one growing season and expires
42.21on December 31 of the year it is issued unless the commissioner stipulates a different
42.22expiration date in rule or in the permit.
42.23EFFECTIVE DATE.This section is effective the day following final enactment
42.24and applies to violations committed on or after that date.
42.25 Sec. 78. Minnesota Statutes 2010, section 103G.615, is amended by adding a
42.26subdivision to read:
42.27 Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
42.28management permit" means an aquatic plant management permit as defined in rules of the
42.29Department of Natural Resources that authorizes the selective control of invasive aquatic
42.30plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
42.31the invasive aquatic plant.
42.32(b) The commissioner may waive the dated signature of approval requirement in
42.33rules of the Department of Natural Resources for invasive aquatic plant management
42.34permits if obtaining signatures would create an undue burden on the permittee or if
43.1the commissioner determines that aquatic plant control is necessary to protect natural
43.2resources.
43.3(c) If the signature requirement is waived under paragraph (b) because obtaining
43.4signatures would create an undue burden on the permittee, the commissioner shall require
43.5an alternate form of landowner notification, including news releases or public notices in
43.6a local newspaper, a public meeting, or a mailing to the most recent permanent address
43.7of affected landowners. The notification must be given annually and must include: the
43.8proposed date of treatment, the target species, the method of control or product being
43.9used, and instructions on how the landowner may request that control not occur adjacent
43.10to the landowner's property.
43.11(d) The commissioner may allow dated signatures of approval obtained for an
43.12invasive aquatic plant management permit to satisfy rules of the Department of Natural
43.13Resources to remain valid for three years if property ownership remains unchanged.
43.14EFFECTIVE DATE.This section is effective the day following final enactment
43.15and applies to violations committed on or after that date.
43.16 Sec. 79. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
43.17to read:
43.18 Subd. 11. Aquatic application of pesticides. (a) The agency may issue under
43.19requirement of the federal government national pollutant discharge elimination system
43.20permits for pesticide applications for the following designated use patterns:
43.21 (1) mosquitoes and other flying insect pests;
43.22 (2) forest canopy pests;
43.23 (3) aquatic nuisance animals; and
43.24 (4) vegetative pests and algae.
43.25If the federal government no longer requires a permit for a designated use pattern,
43.26the agency must immediately terminate the permit. The agency shall not require permits
43.27for aquatic pesticide applications other than those designated use patterns required by
43.28the federal government.
43.29(b) The agency shall not regulate or require permits for the terrestrial application of
43.30pesticides or any other pesticide related permit except as provided in paragraph (a).
43.31 Sec. 80. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
43.32 Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply
43.33with revisions to the subsurface sewage treatment system rules within two years of the
43.34final adoption by the agency unless all towns and cities in the county have adopted the
44.1ordinances. County ordinances must apply to all areas of the county other than cities or
44.2towns that have adopted ordinances that comply with this section and are as strict as
44.3the applicable county ordinances.
44.4 (b) A copy of each ordinance adopted under this subdivision must be submitted to
44.5the commissioner upon adoption.
44.6 (c) A local unit of government must make available to the public upon request a
44.7written list of any differences between its ordinances and rules adopted under this section.
44.8 Sec. 81. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to
44.9read:
44.10 Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are
44.11separated from mixed municipal solid waste for the purpose of recycling or composting,
44.12including paper, glass, plastics, metals, automobile oil,
44.13compostable materials. Refuse-derived fuel or other material that is destroyed by
44.14incineration is not a recyclable material.
44.15 Sec. 82. Minnesota Statutes 2010, section 115A.95, is amended to read:
44.16115A.95 RECYCLABLE MATERIALS.
44.17 (a) Recyclable materials must be delivered to the appropriate materials processing
44.18facility as outlined in rules of the agency or any other facility permitted to recycle or
44.19compost the materials.
44.20 (b) A disposal facility or a resource recovery facility that is composting mixed
44.21municipal solid waste, burning waste, or converting waste to energy or to materials for
44.22combustion may not accept source-separated recyclable materials, and a solid waste
44.23collector or transporter may not deliver source-separated recyclable materials to such a
44.24facility, except for recycling or transfer to a recycler, unless the commissioner determines
44.25that no other person is willing to accept the recyclable materials.
44.26 Sec. 83. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
44.27 Subd. 8. Transfer of title; disposal of property. The owner of a qualified facility
44.28may, as part of the owner's activities under section
44.29transfer title to all or any portion of the property described in the facility's most recent
44.30permit, including any property adjacent to that property the owner wishes to transfer, to
44.31the commissioner. The commissioner may accept the transfer of title if the commissioner
44.32determines that to do so is in the best interest of the state. If, after transfer of title to the
44.33property, the commissioner determines that no further response actions are required on the
45.1portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in
45.2the best interest of the state to dispose of property acquired under this subdivision, the
45.3commissioner may do so under section 115B.17, subdivision 16. The property disposed of
45.4under this subdivision is no longer part of the qualified facility.
45.5EFFECTIVE DATE.This section is effective the day following final enactment.
45.6 Sec. 84. Minnesota Statutes 2010, section 115B.412, is amended by adding a
45.7subdivision to read:
45.8 Subd. 8a. Boundary modification. The commissioner may modify the boundaries
45.9of a qualified facility to exclude certain property if the commissioner determines that no
45.10further response actions are required to be conducted under sections 115B.39 to 115B.445
45.11on the excluded property and the excluded property is not affected by disposal activities
45.12on the remaining portions of the qualified facility. Any property excluded under this
45.13subdivision is no longer part of the qualified facility.
45.14EFFECTIVE DATE.This section is effective the day following final enactment.
45.15 Sec. 85. Minnesota Statutes 2010, section 115B.412, is amended by adding a
45.16subdivision to read:
45.17 Subd. 8b. Delisting. If all solid waste from a qualified facility has been relocated
45.18outside the qualified facility's boundaries and the commissioner has determined that no
45.19further response actions are required on the property under sections 115B.39 to 115B.445,
45.20the commissioner may delist the facility by removing it from the priority list established
45.21under section 115B.40, subdivision 2, after which the property shall no longer be a
45.22qualified facility. The commissioner has no further responsibilities under sections 115B.39
45.23to 115B.445 for a facility delisted under this subdivision.
45.24EFFECTIVE DATE.This section is effective the day following final enactment.
45.25 Sec. 86. [116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE
45.26REQUIREMENT.
45.27(a) If environmental review under chapter 116D will be conducted for a project and
45.28a state agency is the responsible government unit, that state agency shall prepare:
45.29(1) a plan that will coordinate administrative decision-making practices, including
45.30monitoring, analysis and reporting, and public comments and hearings; and
45.31(2) a timeline for the issuance of all federal, state, and local permits required for
45.32the project.
46.1(b) The plan and timeline shall be delivered to the project proposer by the time the
46.2environmental assessment worksheet or draft environmental impact statement is published
46.3in the EQB Monitor.
46.4 Sec. 87. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
46.5Laws 2011, chapter 4, section 6, is amended to read:
46.6 Subd. 2a. When prepared. Where there is potential for significant environmental
46.7effects resulting from any major governmental action, the action shall be preceded by a
46.8detailed environmental impact statement prepared by the responsible governmental unit.
46.9The environmental impact statement shall be an analytical rather than an encyclopedic
46.10document which describes the proposed action in detail, analyzes its significant
46.11environmental impacts, discusses appropriate alternatives to the proposed action and
46.12their impacts, and explores methods by which adverse environmental impacts of an
46.13action could be mitigated. The environmental impact statement shall also analyze those
46.14economic, employment and sociological effects that cannot be avoided should the action
46.15be implemented. To ensure its use in the decision-making process, the environmental
46.16impact statement shall be prepared as early as practical in the formulation of an action.
46.17No mandatory environmental impact statement may be required for an ethanol plant,
46.18as defined in section
46.19125,000,000 gallons of ethanol annually and is located outside of the seven-county
46.20metropolitan area.
46.21 (a) The board shall by rule establish categories of actions for which environmental
46.22impact statements and for which environmental assessment worksheets shall be prepared
46.23as well as categories of actions for which no environmental review is required under this
46.24section. A mandatory environmental assessment worksheet shall not be required for the
46.25expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
46.26(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
46.27biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
46.28of the expanded or converted facility to produce alcohol fuel, but must be required if
46.29the ethanol plant meets or exceeds thresholds of other categories of actions for which
46.30environmental assessment worksheets must be prepared. The responsible governmental
46.31unit for an ethanol plant project for which an environmental assessment worksheet is
46.32prepared shall be the state agency with the greatest responsibility for supervising or
46.33approving the project as a whole.
46.34 (b) The responsible governmental unit shall promptly publish notice of the
46.35completion of an environmental assessment worksheet in a manner to be determined by
47.1the board and shall provide copies of the environmental assessment worksheet to the board
47.2and its member agencies. Comments on the need for an environmental impact statement
47.3may be submitted to the responsible governmental unit during a 30-day period following
47.4publication of the notice that an environmental assessment worksheet has been completed.
47.5The responsible governmental unit's decision on the need for an environmental impact
47.6statement shall be based on the environmental assessment worksheet and the comments
47.7received during the comment period, and shall be made within 15 days after the close of
47.8the comment period. The board's chair may extend the 15-day period by not more than 15
47.9additional days upon the request of the responsible governmental unit.
47.10 (c) An environmental assessment worksheet shall also be prepared for a proposed
47.11action whenever material evidence accompanying a petition by not less than
47.12individuals who reside or own property in the state, submitted before the proposed
47.13project has received final approval by the appropriate governmental units, demonstrates
47.14that, because of the nature or location of a proposed action, there may be potential for
47.15significant environmental effects. Petitions requesting the preparation of an environmental
47.16assessment worksheet shall be submitted to the board. The chair of the board shall
47.17determine the appropriate responsible governmental unit and forward the petition to it.
47.18A decision on the need for an environmental assessment worksheet shall be made by
47.19the responsible governmental unit within 15 days after the petition is received by the
47.20responsible governmental unit. The board's chair may extend the 15-day period by not
47.21more than 15 additional days upon request of the responsible governmental unit.
47.22 (d) Except in an environmentally sensitive location where Minnesota Rules, part
47.234410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
47.24review under this chapter and rules of the board, if:
47.25 (1) the proposed action is:
47.26 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
47.27 (ii) an expansion of an existing animal feedlot facility with a total cumulative
47.28capacity of less than 1,000 animal units;
47.29 (2) the application for the animal feedlot facility includes a written commitment by
47.30the proposer to design, construct, and operate the facility in full compliance with Pollution
47.31Control Agency feedlot rules; and
47.32 (3) the county board holds a public meeting for citizen input at least ten business
47.33days prior to the Pollution Control Agency or county issuing a feedlot permit for the
47.34animal feedlot facility unless another public meeting for citizen input has been held with
47.35regard to the feedlot facility to be permitted. The exemption in this paragraph is in
47.36addition to other exemptions provided under other law and rules of the board.
48.1 (e) The board may, prior to final approval of a proposed project, require preparation
48.2of an environmental assessment worksheet by a responsible governmental unit selected
48.3by the board for any action where environmental review under this section has not been
48.4specifically provided for by rule or otherwise initiated.
48.5 (f) An early and open process shall be utilized to limit the scope of the environmental
48.6impact statement to a discussion of those impacts, which, because of the nature or location
48.7of the project, have the potential for significant environmental effects. The same process
48.8shall be utilized to determine the form, content and level of detail of the statement as well
48.9as the alternatives which are appropriate for consideration in the statement. In addition,
48.10the permits which will be required for the proposed action shall be identified during the
48.11scoping process. Further, the process shall identify those permits for which information
48.12will be developed concurrently with the environmental impact statement. The board
48.13shall provide in its rules for the expeditious completion of the scoping process. The
48.14determinations reached in the process shall be incorporated into the order requiring the
48.15preparation of an environmental impact statement.
48.16 (g) The responsible governmental unit shall, to the extent practicable, avoid
48.17duplication and ensure coordination between state and federal environmental review
48.18and between environmental review and environmental permitting. Whenever practical,
48.19information needed by a governmental unit for making final decisions on permits or
48.20other actions required for a proposed project shall be developed in conjunction with the
48.21preparation of an environmental impact statement.
48.22 (h) An environmental impact statement shall be prepared and its adequacy
48.23determined within 280 days after notice of its preparation unless the time is extended by
48.24consent of the parties or by the governor for good cause. The responsible governmental
48.25unit shall determine the adequacy of an environmental impact statement, unless within 60
48.26days after notice is published that an environmental impact statement will be prepared,
48.27the board chooses to determine the adequacy of an environmental impact statement. If an
48.28environmental impact statement is found to be inadequate, the responsible governmental
48.29unit shall have 60 days to prepare an adequate environmental impact statement.
48.30 (i) The proposer of a specific action may include in the information submitted to the
48.31responsible governmental unit a preliminary draft environmental impact statement under
48.32this section on that action for review, modification, and determination of completeness and
48.33adequacy by the responsible governmental unit. A preliminary draft environmental impact
48.34statement prepared by the project proposer and submitted to the responsible governmental
48.35unit shall identify or include as an appendix all studies and other sources of information
48.36used to substantiate the analysis contained in the preliminary draft environmental impact
49.1statement. The responsible governmental unit shall require additional studies, if needed,
49.2and obtain from the project proposer all additional studies and information necessary for
49.3the responsible governmental unit to perform its responsibility to review, modify, and
49.4determine the completeness and adequacy of the environmental impact statement.
49.5 Sec. 88. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
49.6 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
49.7designed and originally manufactured to operate primarily on highways, and not operated
49.8exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
49.9self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
49.10by electric power obtained from overhead trolley wires but not operated upon rails. It does
49.11not include snowmobiles, manufactured homes, or park trailers.
49.12 (b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
49.13(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
49.14and (3) displays both disability plates and a physically disabled certificate issued under
49.15section
49.16 (c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
49.17vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
49.18before August 1, 1985. The owner may continue to license an all-terrain vehicle described
49.19in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
49.20owner, is destroyed, or fails to comply with the registration and licensing requirements
49.21of this chapter.
49.22 (d) "Motor vehicle" does not include an electric personal assistive mobility device as
49.23defined in section
49.24 (e) "Motor vehicle" does not include a motorized foot scooter as defined in section
49.26 (f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
49.27requirements of chapter 169 according to section 84.788, subdivision 12.
49.28EFFECTIVE DATE.This section is effective January 1, 2012.
49.29 Sec. 89. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
49.30 Subdivision 1. Designation of roadway, permit. The governing body of any county,
49.31home rule charter or statutory city, or town may by ordinance authorize the operation of
49.32motorized golf carts,
49.33on designated roadways or portions thereof under its jurisdiction. Authorization to operate
50.1a motorized golf cart,
50.2by permit only. For purposes of this section
50.3(1) an all-terrain vehicle
50.4
50.5
50.6(2) a mini truck has the meaning given in section
50.7(3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that
50.8has four wheels, is propelled by an internal combustion engine with a piston displacement
50.9capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
50.10than 2,600 pounds.
50.11 Sec. 90. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
50.12 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
50.13form of the application for the permit, require evidence of insurance complying with the
50.14provisions of section
50.15with the provisions of this section, under which a permit may be granted. Permits may be
50.16granted for a period
50.17A permit may be revoked at any time if there is evidence that the permittee cannot safely
50.18operate the motorized golf cart,
50.19truck on the designated roadways. The ordinance may require, as a condition to obtaining
50.20a permit, that the applicant submit a certificate signed by a physician that the applicant
50.21is able to safely operate a motorized golf cart,
50.22vehicle, or mini truck on the roadways designated.
50.23 Sec. 91. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
50.24 Subd. 3. Times of operation. Motorized golf carts
50.25vehicles, and utility task vehicles may only be operated on designated roadways from
50.26sunrise to sunset, unless equipped with original equipment headlights, taillights, and
50.27rear-facing brake lights. They shall not be operated in inclement weather, except during
50.28emergency conditions as provided in the ordinance, or when visibility is impaired by
50.29weather, smoke, fog or other conditions, or at any time when there is insufficient
50.30visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.
50.31 Sec. 92. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
51.1 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
51.2motorized golf cart,
51.3cross any street or highway intersecting a designated roadway.
51.4 Sec. 93. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
51.5 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
51.6
51.7roadways has all the rights and duties applicable to the driver of any other vehicle under
51.8the provisions of this chapter, except when those provisions cannot reasonably be applied
51.9to motorized golf carts,
51.10and except as otherwise specifically provided in subdivision 7.
51.11 Sec. 94. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
51.12 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
51.13applicable to persons operating mini trucks, but are not applicable to persons operating
51.14motorized golf carts, utility task vehicles, or
51.15on designated roadways pursuant to this section. Except for the requirements of section
51.17to motorized golf carts, utility task vehicles, or
51.18under permit, on designated roadways.
51.19 Sec. 95. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
51.20 Subd. 8. Insurance. In the event persons operating a motorized golf cart,
51.21utility task vehicle, all-terrain vehicle, or mini truck under this section cannot obtain
51.22liability insurance in the private market, that person may purchase automobile insurance,
51.23including no-fault coverage, from the Minnesota Automobile Insurance Plan under
51.24sections
51.25 Sec. 96. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
51.26to read:
51.27 Subd. 16. Exemption for recreational vehicle manufacturer. A person
51.28responsible for the product may offer for sale, sell, or dispense gasoline that is not
51.29oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
51.30for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
51.31motorcycles, or recreational vehicles.
52.1 Sec. 97. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
52.2 Subd. 2. Fees. For the purposes of sections
52.3any county may prescribe and provide for the collection of fees for the use of any county
52.4park or other unit of the county park system or any facilities, accommodations, or services
52.5provided for public use therein
52.6EFFECTIVE DATE.This section is effective the day following final enactment.
52.7 Sec. 98. Laws 2010, chapter 361, article 4, section 73, is amended to read:
52.8 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
52.9ADOPTION DELAY.
52.10(a) Notwithstanding Minnesota Statutes, section
52.11may adopt an ordinance by February 4,
52.12revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
52.13Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
52.14sewage treatment system rules. A county must continue to enforce its current ordinance
52.15until a new one has been adopted.
52.16(b) By January 15, 2011, the agency, after consultation with the Board of Water and
52.17Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
52.18ranking minority members of the senate and house of representatives environment and
52.19natural resources policy and finance committees and divisions on:
52.20(1) the technical changes in the rules for subsurface sewage treatment systems
52.21that were adopted on February 4, 2008;
52.22(2) the progress in local adoption of ordinances to comply with the rules; and
52.23(3) the progress in protecting the state's water resources from pollution due to
52.24subsurface sewage treatment systems.
52.25 Sec. 99. Laws 2011, chapter 14, section 16, is amended to read:
52.26 Sec. 16. REPEALER.
52.27Minnesota Statutes 2010, section 41A.09, subdivisions 1a,
52.28repealed.
52.29 Sec. 100. SHALLOW LAKES MANAGEMENT REPORT.
52.30By January 1, 2012, the commissioner of natural resources shall submit a report to
52.31the senate and house of representatives committees and divisions with jurisdiction over
52.32natural resources policy that includes:
52.33(1) a summary of the science and ecology of shallow lakes;
53.1(2) a summary of the significance of shallow lakes to continental and state waterfowl
53.2populations and Minnesota's waterfowl heritage;
53.3(3) examples and documented results of previous temporary water-level management
53.4activities;
53.5(4) a list of current statutes and rules applicable to shallow lakes including, but not
53.6limited to, water-level management of shallow lakes; and
53.7(5) a list of any changes to statute necessary that would allow the commissioner of
53.8natural resources, through shallow lake management, to better achieve the state's wildlife
53.9habitat and clean water goals and address the threats of invasive species.
53.10 Sec. 101. CONSUMPTIVE USE OF WATER.
53.11Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
53.12approves of the consumptive use of water under a permit of more than 2,000,000 gallons
53.13per day average in a 30-day period in Cook County, in connection with snowmaking
53.14and potable water. Notwithstanding any other law to the contrary, the permit for the
53.15consumptive use of water approved under this section shall be issued, subject to the
53.16fees specified under Minnesota Statutes, section 103G.271, without any additional
53.17administrative process to withdraw up to 150,000,000 gallons of water annually for
53.18snowmaking and potable water purposes. The permit authorized under this section shall
53.19be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
53.20than five consecutive days. The permit authorized under this section shall be reinstated
53.21when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The
53.22permit shall be for a term of five years.
53.23 Sec. 102. RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY
53.24PERMITS.
53.25 (a) The commissioner of the Pollution Control Agency shall amend Minnesota
53.26Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account
53.27site capacity for a solid waste land disposal facility.
53.28(b) In amending the rules under this section, the commissioner of the Pollution
53.29Control Agency may use the good cause exemption under Minnesota Statutes, section
53.3014.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply,
53.31except as provided in Minnesota Statutes, section 14.388.
53.32 Sec. 103. TERRY MCGAUGHEY MEMORIAL BRIDGE.
54.1The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
54.2that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
54.3commissioner shall place signs with the designation on both ends of the bridge.
54.4 Sec. 104. CAMP FIVE TOWNSHIP EASEMENT LEASE.
54.5(a) By September 1, 2011, the commissioner of natural resources shall grant to the
54.6local township a road easement across state land administered by the commissioner in
54.7Sections 16 and 21, Township 66 N, Range 19 W, St. Louis County.
54.8(b) Provided, however, if the local township will not accept the above-described
54.9easement, the commissioner of natural resources shall grant at fair market value to the
54.10lessee of former State Lease No. 144-012-0425, a 20-year road lease across state land
54.11administered by the commissioner in Sections 16 and 21, Township 66 N, Range 19 W,
54.12St. Louis County.
54.13(c) Notwithstanding Minnesota Statutes, section 16A.125, subdivision 5, the market
54.14value fee for the school lands must be deposited into the permanent school fund.
54.15 Sec. 105. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
54.16SPECIES RULES DECAL.
54.17A violation of Minnesota Statutes, section 86B.508, prior to August 1, 2014, shall
54.18not result in a penalty, but is punishable only by a warning.
54.19 Sec. 106. AQUATIC INVASIVE SPECIES MANAGEMENT
54.20IMPLEMENTATION COSTS; REPORT.
54.21By January 15, 2012, the commissioner of natural resources shall report to the
54.22house of representatives and senate committees with jurisdiction over environment and
54.23natural resources policy and finance on the long-term funding needed to implement and
54.24enforce Minnesota Statutes, chapter 84D, including recommendations on the appropriate
54.25amount of the watercraft surcharge.
54.26 Sec. 107. REVISOR'S INSTRUCTION.
54.27 The revisor of statutes shall change the range reference "sections 103F.701 to
54.28103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
54.29103F.701 to 103F.755."
54.30 Sec. 108. REPEALER.
55.1(a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8;
55.285.013, subdivision 2b; 86B.850, subdivision 2; 103F.711, subdivision 7; 103F.721;
55.3103F.731, subdivision 1; and 103F.761, are repealed.
55.4(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
55.5EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.