reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.441 — Erosion Control Plan For Development Activities.

103F.441 EROSION CONTROL PLAN FOR DEVELOPMENT ACTIVITIES.
Subdivision 1.
Sedimentation control plan.
(a) A person engaged in a development activity that will disturb over one acre of land must submit a sedimentation control plan and time schedule that will prevent excessive soil loss to the local government having jurisdiction over the land before the development activity is to begin.
(b) A sedimentation control plan and time schedule must specify how the movement of soil and damage to other property during the construction will be minimized, including the use of temporary seeding, fiber mats, plastic, straw, mulch, sediment control basins, and other measures to prevent erosion and sediment damage. The time schedule must establish deadlines for the implementation and completion of each phase or element of the sedimentation control plan.
Subd. 2.
Permit required.
The local government may appoint the zoning and planning director, building inspector, county engineer, or the soil and water conservation district to review the plan and time schedule. If the sedimentation control plan and time schedule will prevent excessive soil loss to the most practicable extent, the local government must issue a permit that authorizes the development activity contingent upon the implementation and completion of the sedimentation control plan.
Subd. 3.
Penalty.
A person engaged in a development activity who does not obtain a sedimentation control plan permit or does not commence or complete the plan or make satisfactory progress to complete the plan is subject to a civil penalty. Soil conservation practices made in good faith and substantial compliance are a defense.
Subd. 4.
Application.
For counties, the provisions of this section apply only to county jurisdiction over unincorporated areas.
History:
1990 c 391 art 6 s 65
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.445 — Cost-sharing Funds.

103F.445 COST-SHARING FUNDS.
Subdivision 1.
Cost share required.
Except for a development activity, a land occupier may not be required to establish soil conservation practices unless state cost-sharing funds have been specifically approved for that land and have been made available to the land occupier under sections 103F.421 and 103F.425, equal to at least 75 percent of the cost of the permanent conservation practices on a voluntary basis, or a 50 percent cost share if an application for cost share is not made within 90 days after the board approves a mediated written agreement or within 90 days after the court orders implementation of a plan and time schedule prepared by the landowner or the court. For mediated settlements, a court order that implements the landowner's alternatives or the court's alternatives must state the time schedule for application for 50 percent cost share. If the court orders implementation of the district's plan and time schedule, a landowner is eligible only for 50 percent cost share.
Subd. 2.
Reviewing requirements.
The Board of Water and Soil Resources shall review these requirements at least once each year and may authorize a district to provide a higher percentage of cost sharing than is required by this section. To aid in this determination, the board may consider the location of the affected area in relation to the priority areas as established in the soil and water conservation district annual and long-range plans.
Subd. 3.
Recording.
The permanent conservation practices must be recorded with the county recorder on the tracts where they occur if the cost-sharing funds are issued to the landowner.
History:
1990 c 391 art 6 s 66
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.505 — Purpose And Policy.

103F.505 PURPOSE AND POLICY.
(a) It is the purpose of sections 103F.505 to 103F.531 to restore certain marginal agricultural land and protect environmentally sensitive areas to:
(1) enhance soil and water quality;
(2) minimize damage to flood-prone areas;
(3) sequester carbon;
(4) support native plant, fish, and wildlife habitats; and
(5) establish perennial vegetation.
(b) It is state policy to encourage:
(1) restoration of wetlands and riparian lands;
(2) restoration and protection of marginal, highly erodible land, particularly land adjacent to public waters, drainage systems, wetlands, and locally designated priority waters; and
(3) protection of environmentally sensitive areas, including wellhead protection areas, grasslands, peatlands, shorelands, karst geology, and forest lands in priority areas.
History:
1990 c 391 art 6 s 71; 1992 c 415 s 1; 2009 c 172 art 2 s 12; 2009 c 176 art 1 s 31; 2023 c 60 art 5 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.516 — Permanent Wetlands Preserve.

103F.516 PERMANENT WETLANDS PRESERVE.
Subdivision 1.
Easements.
Upon application by a landowner, the board may acquire permanent easements and may pay for the cost of related capital improvement projects to preserve or restore wetlands on land containing type 1, 2, 3, 4, 5, or 6 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), public waters wetlands, or public waters.
Subd. 2.
Nature of property rights acquired.
(a) The nature of property rights acquired in an easement under this section must be consistent with the provisions of section 103F.515, subdivision 4.
(b) A permanent easement may include four adjacent upland acres of land for each acre of wetlands, public waters wetlands, or public waters included.
(c) The easement must require that the landowner control noxious weeds in accordance with sections 18.77 to 18.88.
(d) The permanent easement must be conveyed to the state in recordable form free of any prior title, lien, or encumbrance and must provide for a right of entry by the state for inspection and correction of violations.
Subd. 3.
Payment.
(a) Payment for the conservation easement may be made in ten equal annual payments or, at the option of the landowner, in a lump sum at:
(1) 50 percent of the township average equalized estimated market value of agricultural property as established by the commissioner of revenue at the time of easement application for wetlands, public waters wetlands, or public waters located outside of the metropolitan counties, as defined in section 473.121, subdivision 4, and wetlands located on agricultural lands within a metropolitan county;
(2) for wetlands, public waters wetlands, or public waters located on nonagricultural land within the metropolitan county, 20 percent of the township average equalized estimated market value of agricultural property as established by the commissioner of revenue at the time of easement application; or
(3) for wetlands, public waters wetlands, or public waters connected to a public or private drainage system, an amount determined by the board based on the fair market value of the land if drainage infrastructure were restored.
(b) Payment for adjacent upland acreage of cropped and noncropped land under subdivision 2, paragraph (b), must be made at 90 percent and 60 percent, respectively, of the township average equalized market value of agricultural land as established by the commissioner of revenue at the time of easement application.
Subd. 4.
Enforcement and corrections.
Enforcement of the permanent easement and violation corrections is governed by section 103F.515, subdivisions 8 and 9.
Subd. 5.
Available funds.
A property owner eligible for payments under this section must receive payments to the extent that funds are available. If funds are not available and payments are not made, restrictions on the use of the property owner's wetlands are terminated under this section.
History:
1991 c 354 art 3 s 1; 1994 c 627 s 2; 1995 c 186 s 29; 2001 c 146 s 1-3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.519 — Reinvest In Minnesota Working Lands Program.

103F.519 REINVEST IN MINNESOTA WORKING LANDS PROGRAM.
Subdivision 1.
Establishment.
The board may establish and administer a reinvest in Minnesota working lands program that is in addition to the program established under section 103F.515. Selecting land for the program must be based on the land's potential for:
(1) protecting or improving water quality;
(2) reducing erosion;
(3) improving soil health;
(4) reducing chemical inputs;
(5) improving carbon storage; and
(6) increasing biodiversity and habitat for fish, wildlife, and native plants.
Subd. 2.
Applicability.
Section 103F.515 applies to this section except as otherwise provided in subdivisions 1, 3, and 4.
Subd. 3.
Nature of property rights acquired.
Notwithstanding section 103F.515, subdivision 4, paragraph (a), the board may authorize managed haying and managed livestock grazing, perennial or winter annual cover crop production, forest management, or other activities that the board determines are consistent with section 103F.505 or appropriation conditions or criteria.
Subd. 4.
Payments for easements.
The board must establish payment rates for acquiring easements and for related practices. The board must consider market factors as well as easement terms, including length and allowable uses, when establishing rates.
History:
2023 c 60 art 5 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.521 — Cooperation.

103F.521 COOPERATION.
Subdivision 1.
Cooperation.
In implementing sections 103F.505 to 103F.531, the board must share information and cooperate with the Department of Agriculture, the Department of Natural Resources, the Pollution Control Agency, the United States Fish and Wildlife Service, the United States Department of Agriculture, the Minnesota Extension Service, the University of Minnesota, county boards, soil and water conservation districts, watershed districts, and interested private organizations and individuals.
Subd. 2.
[Repealed, 2009 c 172 art 2 s 32; 2009 c 176 art 1 s 52]
History:
1990 c 391 art 6 s 74; 2009 c 172 art 2 s 21; 2009 c 176 art 1 s 40
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.525 — Supplemental Payments On Federal And State Conservation Programs.

103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE CONSERVATION PROGRAMS.
The board may supplement payments made under federal land retirement programs to the extent of available appropriations. The supplemental payments must be used to establish perennial cover on land enrolled or increase payments for land enrollment in programs approved by the board.
History:
1990 c 391 art 6 s 75; 2009 c 172 art 2 s 22; 2009 c 176 art 1 s 41
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.526 — Food Plots.

103F.526 FOOD PLOTS.
The board may authorize wildlife food plots on land enrolled in a conservation easement under section 103F.515.
History:
1990 c 391 art 6 s 76; 2009 c 172 art 2 s 23; 2009 c 176 art 1 s 42
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.531 — Rulemaking.

103F.531 RULEMAKING.
The board may adopt rules or policy to implement sections 103F.505 to 103F.531.
History:
1990 c 391 art 6 s 77; 2009 c 172 art 2 s 24; 2009 c 176 art 1 s 43
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.535 — Reservation Of Marginal Land And Wetlands.

103F.535 RESERVATION OF MARGINAL LAND AND WETLANDS.
Subdivision 1.
Reservation of marginal land and wetlands.
(a) Marginal land and wetlands are withdrawn from sale or exchange unless:
(1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed by the Board of Water and Soil Resources, is provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form prescribed by the Board of Water and Soil Resources, that precludes enrollment of the land in a state-funded program providing compensation for conservation of marginal land or wetlands.
(b) This section does not apply to transfers of land by the Board of Water and Soil Resources to correct errors in legal descriptions under section 103F.515, subdivision 8, or to transfers by the commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions under section 84.0273;
(4) exchanges of nonagricultural land with the federal government, or exchanges of class A, class B, and riparian nonagricultural land with local units of government under sections 94.342, 94.343, and 94.344;
(5) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent property owners and lease holders under section 85.015, subdivision 1, paragraph (b).
(c) This section does not apply to transfers of land by the commissioner of administration or transportation or by the Minnesota Housing Finance Agency, or to transfers of tax-forfeited land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal descriptions.
(d) This section does not apply to transfers of land by the commissioner of administration or by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use; or
(2) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10.
Subd. 2.
[Repealed, 1992 c 502 s 7; 1992 c 561 s 10]
Subd. 3.
[Repealed, 1992 c 502 s 7; 1992 c 561 s 10]
Subd. 4.
[Repealed, 1992 c 561 s 10]
Subd. 5.
Altering conservation easements.
Conservation easements may be altered, released, or terminated by the board after consultation with the commissioners of agriculture and natural resources. The board may alter, release, or terminate a conservation easement only if the board determines that the public interest and general welfare are better served by the alteration, release, or termination.
History:
1990 c 391 art 6 s 78; 1990 c 473 s 1,2; 1990 c 572 s 13; 1991 c 214 s 5; 1992 c 502 s 1; 1992 c 561 s 1,9; 1Sp2005 c 1 art 2 s 119; 2009 c 172 art 2 s 25; 2009 c 176 art 1 s 44
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.613 — Duration Of Wetland Preservation Area.

103F.613 DURATION OF WETLAND PRESERVATION AREA.
Subdivision 1.
General.
A wetland preservation area continues in existence until the owner initiates expiration as provided in this section. The date of expiration must be at least eight years from the date of notice under this section.
Subd. 2.
Termination by owner.
The owner may initiate expiration of a wetland preservation area by notifying the county on a form prepared by the Board of Water and Soil Resources and made available in each county. The notice must describe the property involved and must state the date of expiration. The notice may be rescinded by the owner during the first two years following notice.
Subd. 3.
Notice and recording; termination.
When the county receives notice under subdivision 2, the county shall forward the original notice to the county recorder for recording or to the registrar of titles for filing if the land is registered and shall notify the regional development commission, where applicable, the Board of Water and Soil Resources, and the county soil and water conservation district of the date of expiration. The benefits and limitations of the wetland preservation area and the restrictive covenant filed with the application cease on the date of expiration. If the land is registered, the registrar of titles shall cancel the memorial of the application containing the restrictive covenant upon the certificate of title on the effective date of the expiration.
Subd. 4.
Early expiration.
A wetland preservation area may be terminated earlier than as provided in this section only in the event of a public emergency upon petition from the owner or county to the governor. The determination of a public emergency must be made by the governor through executive order under section 4.035 and chapter 12. The executive order must identify the wetland preservation area, the reasons requiring the action, and the date of expiration.
History:
1991 c 354 art 4 s 2; 1999 c 11 art 1 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.615 — Limitation On Certain Public Projects.

103F.615 LIMITATION ON CERTAIN PUBLIC PROJECTS.
Subdivision 1.
Projects and assessments prohibited.
Notwithstanding any other law, construction projects for public sanitary sewer systems, public water systems, and new public drainage systems are prohibited in wetland preservation areas. New connections between land or buildings in a wetland preservation area and public projects are prohibited. Land in a wetland preservation area may not be assessed for public projects built in the vicinity of the wetland preservation area.
Subd. 2.
Exception; owner option.
Subdivision 1 does not apply to public projects if the owner of the wetland preservation area elects to use and benefit from a public project.
History:
1991 c 354 art 4 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.616 — Soil Conservation Practices.

103F.616 SOIL CONSERVATION PRACTICES.
An owner of a wetland preservation area shall manage the area and surrounding upland areas with sound soil conservation practices that prevent excessive soil loss according to the model ordinance adopted by the Board of Water and Soil Resources. The model ordinance and soil loss provisions under sections 103F.401 to 103F.455 relating to soil loss apply to all upland areas within a wetland preservation area and to surrounding upland areas. A sound soil conservation practice prevents excessive soil loss or reduces soil loss to the most practicable extent.
History:
1991 c 354 art 4 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.701 — Citation.

103F.701 CITATION.
Sections 103F.701 to 103F.755 may be cited as the "Clean Water Partnership Law."
History:
1990 c 391 art 6 s 80; 2011 c 107 s 107
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.705 — Purpose.

103F.705 PURPOSE.
It is the purpose of the legislature in enacting sections 103F.701 to 103F.755 to protect, enhance, and restore surface water and groundwater in the state, through financial and technical assistance to local units of government to prevent water pollution, including that associated with land use and land management activities, and to provide a legal basis for state implementation of federal laws controlling nonpoint source water pollution.
History:
1990 c 391 art 6 s 81; 2011 c 107 s 53; 2023 c 25 s 25
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.711 — Definitions.

103F.711 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.701 to 103F.755.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 3.
Best management practices.
"Best management practices" means practices, techniques, and measures, that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. Best management practices include, but are not limited to, official controls, structural and nonstructural controls, and operation and maintenance procedures.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 5.
Local unit of government.
"Local unit of government" means a statutory or home rule charter city, town, county, soil and water conservation district, watershed district, an organization formed for the joint exercise of powers under section 471.59, and any other special purpose district or authority exercising authority in water and related land resources management at the local level.
Subd. 6.
Nonpoint source.
"Nonpoint source" is a land management activity or land use activity that contributes or may contribute to groundwater and surface water pollution as a result of runoff, seepage, or percolation and that is not defined as a point source in section 115.01, subdivision 11. Nonpoint sources include rural and urban land management activities and land use activities and specialty land use activities such as transportation.
Subd. 7.
[Repealed, 2011 c 107 s 108]
Subd. 8.
Project.
"Project" means the identification of water pollution and its causes, a plan to prevent water pollution or protect and improve water quality, and the measures taken to prevent water pollution or protect and improve water quality.
Subd. 9.
Water pollution.
"Water pollution" means water pollution as defined in section 115.01, subdivision 13.
Subd. 10.
Waters of the state.
"Waters of the state" means waters as defined in section 115.01, subdivision 22.
History:
1990 c 391 art 6 s 82; 2011 c 107 s 54,107; 2023 c 25 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.715 — Clean Water Partnership Program Established.

103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
A clean water partnership program is established as provided in sections 103F.701 to 103F.755. The agency shall administer the program in accordance with these sections. The agency shall provide financial and technical assistance in accordance with section 103F.725 to local units of government for projects in geographical areas that contribute to surface water or groundwater flows. The projects shall provide for protection, enhancement, or restoration of surface water and groundwater.
History:
1990 c 391 art 6 s 83; 2011 c 107 s 55; 2023 c 25 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.725 — Financial And Technical Assistance.

103F.725 FINANCIAL AND TECHNICAL ASSISTANCE.
Subdivision 1.
Grants.
(a) The agency may award grants for up to 50 percent of the eligible cost for projects.
(b) The agency shall determine which costs are eligible costs and grants shall be made and used only for eligible costs.
Subd. 1a.
Loans.
(a) Up to $50,000,000 of the balance in the clean water revolving fund in section 446A.07, as determined by the Public Facilities Authority, may be provided to the commissioner for a clean water partnership loan program.
(b) The agency may award loans for up to 100 percent of the costs associated with activities identified by the agency as best management practices pursuant to section 319 and section 320 of the federal Water Quality Act of 1987, as amended, including associated administrative costs.
(c) Loans may be used to finance clean water partnership grant project eligible costs not funded by grant assistance.
(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, shall be determined by the agency in consultation with the Public Facilities Authority.
(e) The repayment must be deposited in the clean water revolving fund under section 446A.07.
(f) The local unit of government receiving the loan is responsible for repayment of the loan.
(g) For the purpose of obtaining a loan from the agency, a local government unit may provide to the agency its general obligation note. All obligations incurred by a local government unit in obtaining a loan from the agency must be in accordance with chapter 475, except that so long as the obligations are issued to evidence a loan from the agency to the local government unit, an election is not required to authorize the obligations issued, and the amount of the obligations shall not be included in determining the net indebtedness of the local government unit under the provisions of any law or chapter limiting the indebtedness.
Subd. 2.
Technical assistance.
The agency may provide technical assistance to local units of government to ensure efficient and effective development and implementation of projects and coordination of projects with other water management activities.
History:
1990 c 391 art 6 s 85; 1994 c 632 art 2 s 27; 1995 c 220 s 93; 1996 c 407 s 44; 1998 c 404 s 36; 2008 c 277 art 3 s 2; 2011 c 107 s 56,57
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.731 — Eligibility For Assistance.

103F.731 ELIGIBILITY FOR ASSISTANCE.
Subdivision 1.
[Repealed, 2011 c 107 s 108]
Subd. 2.
Eligibility; documents required.
(a) Local units of government are eligible to apply for assistance. An applicant for assistance shall submit:
(1) a project proposal form as prescribed by the agency; and
(2) evidence that the applicant has consulted with the involved local soil and water conservation districts and watershed districts, where they exist, in preparing the application.
(b) The proposed project must be identified in at least one of the following documents:
(1) the comprehensive water plan authorized under sections 103B.301 to 103B.355;
(2) a surface water management plan required under section 103B.231;
(3) an overall plan required under chapter 103D;
(4) any other local plan that provides an inventory of existing physical and hydrologic information on the area, a general identification of water quality problems and goals, and that demonstrates a local commitment to water quality protection, enhancement, or restoration;
(5) an approved total maximum daily load (TMDL) or a TMDL implementation plan; or
(6) a watershed protection and restoration strategy implementation plan.
History:
1990 c 391 art 6 s 86; 2011 c 107 s 58
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.735 — Agency Review Of Proposals.

103F.735 AGENCY REVIEW OF PROPOSALS.
Subdivision 1.
Ranking proposals.
The agency shall rank proposals for technical and financial assistance in order of priority and shall, within the limits of available appropriations, grant those proposals having the highest priority. The agency shall by rule adopt appropriate criteria to determine the priority of projects.
Subd. 2.
Criteria.
(a) The criteria shall give the highest priority to projects that best demonstrate compliance with the objectives in paragraphs (b) to (d).
(b) The project demonstrates participation, coordination, and cooperation between local units of government, other public agencies, and local stakeholders.
(c) The degree of water quality protection, enhancement, or restoration is maximized relative to the cost of implementing the best management practices.
(d) Best management practices provide a feasible means to abate or prevent nonpoint source water pollution.
History:
1990 c 391 art 6 s 87; 2011 c 107 s 59
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.741 — Project Implementation.

103F.741 PROJECT IMPLEMENTATION.
Subdivision 1.
Implementation according to law and contract.
A local unit of government receiving technical or financial assistance, or both, from the agency shall carry out the project approved by the agency according to the terms of the plan, the provisions of a contract or grant agreement made with the agency and according to sections 103F.701 to 103F.755, the rules of the agency, and applicable federal requirements.
Subd. 2.
Review by agency.
The commissioner or the commissioner's designee may, at any reasonable time, inspect any project and review the expenditure of financial assistance funds granted by the agency to determine whether the local unit of government has complied with subdivision 1.
Subd. 3.
Enforcing agreements.
The agency may bring a civil action in district court to recover from a local governmental unit any financial assistance funds used in violation of subdivision 1.
History:
1990 c 391 art 6 s 88; 2011 c 107 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.745 — Rules.

103F.745 RULES.
(a) The agency shall adopt rules necessary to implement sections 103F.701 to 103F.755. The rules shall contain at a minimum:
(1) procedures to be followed by local units of government in applying for technical or financial assistance or both;
(2) conditions for the administration of assistance;
(3) requirements for a project;
(4) criteria for the evaluation and approval of a project;
(5) criteria for the ranking of projects in order of priority for assistance;
(6) criteria for defining and evaluating eligible costs and cost sharing by local units of government applying for assistance;
(7) requirements for providing measurable outcomes; and
(8) other matters as the agency and the commissioner find necessary for the proper administration of sections 103F.701 to 103F.755, including any rules determined by the commissioner to be necessary for the implementation of federal programs to protect, enhance, or restore water quality.
(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria established by rule shall guide requirements and administrative procedures for the clean water partnership loan program.
History:
1990 c 391 art 6 s 89; 1994 c 632 art 2 s 28; 2011 c 107 s 61
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.751 — Nonpoint Source Pollution; Management Plan.

103F.751 NONPOINT SOURCE POLLUTION; MANAGEMENT PLAN.
To coordinate the programs and activities used to control nonpoint sources of pollution to achieve the state's water quality goals, the agency shall develop a state plan for the control of nonpoint source water pollution to meet the requirements of the federal Clean Water Act, and, as appropriate, develop agreements with federal and state agencies to accomplish the purposes and objectives of the state nonpoint source pollution management plan.
History:
1990 c 391 art 6 s 90; 2011 c 107 s 62
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.755 — Availability Of Data; Standards.

103F.755 AVAILABILITY OF DATA; STANDARDS.
The data collected for the activities of the clean water partnership program that have common value for natural resource planning must be made available using standards adopted by the Department of Information Technology Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office. Costs associated with this data delivery must be borne by this activity.
History:
1990 c 391 art 6 s 91; 2010 c 392 art 1 s 11; 2013 c 134 s 30; 2013 c 142 art 3 s 36; 2021 c 31 art 2 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.805 — State Aid For Lake Improvements.

103F.805 STATE AID FOR LAKE IMPROVEMENTS.
(a) The commissioner of natural resources, with the help of the Pollution Control Agency and the commissioner of employment and economic development, must:
(1) assess the need for particular kinds of lake improvements, including improvements related to high or low water levels and any other resource management considerations, except pollution problems; and
(2) develop criteria for allocating state aid funds among proposed projects.
(b) The assessment must include provisions to ensure that any federal program of aid to local lake improvement projects reduces the local share of project costs and not only the state's share.
History:
1990 c 391 art 6 s 94; 1Sp2003 c 4 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.901 — Definitions.

103F.901 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.901 to 103F.905.
Subd. 2.
Board.
"Board" means the Board of Water and Soil Resources.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 4.
Comprehensive local water plan.
"Comprehensive local water plan" has the meaning given in section 103B.3363, subdivision 3.
Subd. 5.
Local unit of government.
"Local unit of government" means a county board, joint county board, watershed management organization, or watershed district.
Subd. 6.
Watershed district.
"Watershed district" means a district established under chapter 103D.
Subd. 7.
Watershed management organization.
"Watershed management organization" has the meaning given in section 103B.205, subdivision 13.
Subd. 8.
Wetland.
"Wetland" has the meaning given in section 103G.005, subdivision 19.
History:
1991 c 354 art 5 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.902 — Local Planning And Approval.

103F.902 LOCAL PLANNING AND APPROVAL.
Subdivision 1.
Application.
A willing landowner may apply, on forms provided by the board, to a local unit of government for the establishment or restoration of a wetland on property owned by the landowner in an area that is:
(1) designated by the board as a high priority wetland region; and
(2) identified as a high priority wetland area in the local unit of government's comprehensive local water plan.
Subd. 2.
Notice and preliminary hearing.
(a) Within 30 days after receiving an application, the local unit of government shall hold a public hearing. At least ten days before the hearing, the local unit of government shall give notice of the hearing to the applicant and publish notice in an official newspaper of general circulation in the county.
(b) At the hearing, the local unit of government shall describe the application and hear comments from interested persons regarding the application and the planned establishment or restoration project.
Subd. 3.
Preliminary approval.
Within 30 days of the public hearing, the local unit of government must give preliminary approval or disapproval of the application.
Subd. 4.
Survey report.
After preliminary approval, the local unit of government shall direct and pay the costs of a soil and water conservation engineer to conduct a survey of the property where the wetland restoration or establishment project is proposed to be located. The engineer must file a report, including a map of the proposed wetland, that describes the effects of the proposed wetland on:
(1) the hydrology in the area;
(2) property of persons other than the applicant;
(3) groundwater recharge;
(4) flooding;
(5) fish and wildlife habitat;
(6) water quality; and
(7) other characteristics as determined by the local unit of government.
Subd. 5.
Notice and final hearing.
Within 30 days of receiving the completed survey, the local unit of government shall hold a public hearing on the proposed project. At least ten days before the hearing, the local unit of government shall notify the landowner and the commissioner and provide public notice of the hearing and the availability of the survey report in an official newspaper of general circulation in the county. The commissioner may provide comment on the proposed wetland.
Subd. 6.
Final local approval.
Within 30 days of the public hearing, the local unit of government shall notify the applicant and the commissioner of the final approval or disapproval of the proposed wetland.
History:
1991 c 354 art 5 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.903 — Wetland Establishment And Restoration Cost-share Program.

103F.903 WETLAND ESTABLISHMENT AND RESTORATION COST-SHARE PROGRAM.
Subdivision 1.
Application.
A local unit of government shall apply to the board to receive cost-share funding for a proposed wetland restoration project that receives final local approval under section 103F.902. The application must include a copy of the survey report and any comments received on the proposed wetland. Within 30 days of receiving an application, the board shall notify the local unit of government on whether the application and survey report are complete.
Subd. 2.
Cost share.
The board may provide up to the lesser of $20,000 or 50 percent of the cost of a wetland establishment or restoration project, including engineering costs, establishment or restoration costs, and compensation costs.
Subd. 3.
Conservation easement.
In exchange for cost-share financing under subdivision 2, the board shall acquire a permanent conservation easement, as defined in section 84C.01, paragraph (1). The easement agreement must contain the conditions listed in section 103F.515, subdivision 4.
Subd. 4.
Priorities.
In reviewing requests from local units of government under this section, the board must give priority to applications based on the public value of the proposed wetland. The public value of the wetland must include the value of the wetland for:
(1) water quality;
(2) flood protection;
(3) recreation including fish and wildlife habitat;
(4) groundwater recharge; and
(5) other public uses.
History:
1991 c 354 art 5 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.904 — Wetland Establishment.

103F.904 WETLAND ESTABLISHMENT.
Subdivision 1.
Establishment order.
After receiving approval of cost-share funding from the board, the local unit of government shall order the establishment or restoration of the wetland. The local unit of government shall pay all costs of establishing or restoring the wetland including the compensation required under subdivision 2.
Subd. 2.
Compensation.
In exchange for the permanent conservation easement on an established or restored wetland, the local unit of government shall pay the applicant the amount required under section 103F.515, subdivision 6, for a permanent conservation easement.
History:
1991 c 354 art 5 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.950 — Beaver Damage Control Grants.

103F.950 BEAVER DAMAGE CONTROL GRANTS.
Subdivision 1.
Establishment.
The Board of Water and Soil Resources shall establish a beaver damage control grant program to provide grants for the control of beaver activities causing damage to public waters, roads, and ditches and adjacent private property. The grants may be made to:
(1) a joint powers board established under section 471.59 by two or more governmental units;
(2) soil and water conservation districts; and
(3) Indian tribal governments.
Subd. 2.
Grant amount.
The board may provide up to 50 percent of the costs of implementing a beaver damage control program by a joint powers board.
Subd. 3.
Awarding grants.
Applications for grants must be made to the board on forms prescribed by the board. The board shall consult with town supervisors and county commissioners representing different areas of the state in developing the application form. A joint powers board seeking a grant may be required to supply information on the beaver control program it has adopted, the extent of the problem in the geographic area covered by the joint powers agreement, and the ability of the joint powers board to match the state grant. The board may prioritize the grant applications based upon the information requested as part of the grant application.
Subd. 4.
Report.
(a) Within one year after receiving a grant under this section, a joint powers board must report to the Board of Water and Soil Resources on the joint powers board's efforts to control beaver in the area.
(b) By December 15 of each even-numbered year, the board shall report to the senate and house of representatives environment and natural resources policy and finance committees on the efforts under this section to control beaver.
History:
1Sp2005 c 1 art 2 s 120
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.001 — Citation; Water Law.

103G.001 CITATION; WATER LAW.
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
History:
1990 c 391 art 7 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.101 — Water Conservation Program.

103G.101 WATER CONSERVATION PROGRAM.
Subdivision 1.
Development.
The commissioner shall develop a water resources conservation program for the state. The program must include conservation, allocation, and development of waters of the state for the best interests of the people.
Subd. 2.
Program to guide permit issuance and dams.
The commissioner must be guided by the program in issuing permits for the use and appropriation of the waters of the state and the construction, reconstruction, repair, removal, or abandonment of dams, reservoirs, and other control structures.
History:
1990 c 391 art 7 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.105 — Cooperation With Other Agencies.

103G.105 COOPERATION WITH OTHER AGENCIES.
Subdivision 1.
Other states and federal government.
The commissioner may cooperate and enter into agreements with the United States government, a state department, or a state or country adjacent to this state to implement this chapter and chapter 103F. The commissioner may cooperate with departments of the government of the United States in the execution of surveys within the state.
Subd. 2.
State and local officials; enforcement.
Personnel of the Pollution Control Agency, the Health Department, and county and municipal governments must cooperate with the commissioner in monitoring and enforcing water permits. County attorneys, sheriffs, and other peace officers and other officers having enforcement authority must take all action to the extent of their authority, respectively, that may be necessary or proper for the enforcement of the provisions, rules, standards, orders, or permits specified in this chapter and chapter 103F.
History:
1990 c 391 art 7 s 4; 1995 c 218 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.111 — Representing State In Water Issues.

103G.111 REPRESENTING STATE IN WATER ISSUES.
Subdivision 1.
Commissioner; federal water issues.
The commissioner may appear, represent, and act for the state in any matter relating to an application to be made to the federal government relating to waters of the state or their use and may act in a manner to protect the interests of the people of the state consistent with this chapter and chapter 103F.
Subd. 2.
Director; water proceedings.
The director may appear for the state in any matter or proceeding affecting waters of the state to give hydrologic and hydraulic engineering advice and information in connection with the proceeding.
History:
1990 c 391 art 7 s 5; 1995 c 218 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.115 — Enjoining Water-flow Interference Outside State.

103G.115 ENJOINING WATER-FLOW INTERFERENCE OUTSIDE STATE.
If a person, firm, association, corporation, or a state or political subdivision, agency, or commission of a state disturbs, obstructs, or interferes with the natural flow or condition of public waters beyond the boundaries of this state in a manner that seriously affects the public welfare and interests of this state, the commissioner may institute proceedings in behalf of this state in a court having jurisdiction to abate or enjoin the continuance of the disturbance, obstruction, or interference.
History:
1990 c 391 art 7 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.121 — Commissioner's Authority To Investigate And Construct Projects.

103G.121 COMMISSIONER'S AUTHORITY TO INVESTIGATE AND CONSTRUCT PROJECTS.
Subdivision 1.
Surveys and investigations.
The commissioner may conduct surveys, investigations, and studies, and prepare maps of the waters of the state and topography of the state to implement this chapter.
Subd. 2.
Acquiring property.
The commissioner may acquire title to private property for an authorized purpose by purchase or by eminent domain. The use of property for projects to implement this chapter is a public purpose. On request by the commissioner, the attorney general shall acquire title to private property for projects under this chapter as provided in chapter 117.
Subd. 3.
Contracts.
The commissioner may approve contracts for projects under this chapter and change the plans of the projects when necessary, and supervise, control, and accept the projects when complete. The commissioner may pay for projects and expenses incurred in connection with the projects from funds available to the commissioner.
History:
1990 c 391 art 7 s 7; 1995 c 218 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.125 — Director's Authority.

103G.125 DIRECTOR'S AUTHORITY.
Subdivision 1.
Cooperation with government agencies.
The director shall cooperate with agencies and departments of the state and federal government relating to projects affecting waters of the state and shall make recommendations to the agencies involved and to the governor about the desirability, feasibility, and practicability of the proposed projects.
Subd. 2.
Cooperative agreements.
The director, with approval of the commissioner, may make cooperative agreements with and cooperate with any person, corporation, or government authority to implement this chapter.
Subd. 3.
Standards for forms and maps.
The director may adopt rules to standardize forms and maps, sizes of maps, plats, drawings, and specifications in proceedings related to waters of the state.
History:
1990 c 391 art 7 s 8; 1993 c 186 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.127 — Permit Program Under Section 404 Of Federal Clean Water Act.

103G.127 PERMIT PROGRAM UNDER SECTION 404 OF FEDERAL CLEAN WATER ACT.
Notwithstanding any other law to the contrary, the commissioner, with the concurrence of the Board of Water and Soil Resources and the commissioner of agriculture, may adopt rules establishing a permit program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer the permit program under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404, or state law, if it is more restrictive than the federal program.
History:
1991 c 354 art 9 s 1; 1996 c 462 s 23
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.131 — Venue Of Certain Actions.

103G.131 VENUE OF CERTAIN ACTIONS.
Subdivision 1.
Water located in one county.
Notwithstanding any other law to the contrary, an action for declaratory judgment that is brought under chapter 555 by or against the commissioner must be venued in the county where the water, watercourse, or water basin is located, if the water, watercourse, or water basin is located in one county. This section applies to actions to determine the validity of the commissioner's final decision regarding:
(1) the classification of waters of the state as public waters; or
(2) the drainage of water basins or watercourses as provided in chapter 103E.
Subd. 2.
Water located in more than one county.
If the water, watercourse, or water basin is located in more than one county, then the venue is the judicial district where the majority of the water, watercourse, or water basin is located.
History:
1990 c 391 art 7 s 9