Chapter 103F — Water Law

103F.001 Citation; Water Law This chapter and related chapters make up Minnesota's Water Law. 103F.05 Water Quality and Storage Program Creates a program to improve water quality and increase water storage through grants to local governments. 103F.06 Soil Health Practices Program Creates a soil health practices program to help farmers improve soil through grants and technical help. 103F.101 Citation Sections 103F.101 to 103F.151 are called the Floodplain Management Law. 103F.105 Floodplain Management Policy Declares state policy to reduce flood damage by managing development in flood-prone areas. 103F.111 Definitions Defines key terms used in the floodplain management law, including flood fringe, floodway, and regulatory flood. 103F.115 Priority for Reducing Flood Damage Local floodplain management ordinances take priority over structural flood control projects. 103F.121 Floodplain Management Ordinances Local governments must adopt floodplain management ordinances that meet state standards. 103F.125 Considering Industrial Uses in Floodplain When writing floodplain rules, the state and local governments must consider the needs of industries that must be … 103F.131 This section has been repealed. 103F.135 Commissioner's Assistance and Inspections The DNR commissioner must help local governments with floodplain management and inspect compliance. 103F.141 Rules The DNR commissioner adopts rules for floodplain management, including what uses are allowed in flood areas. 103F.145 Enforcement and Penalties Buildings or uses that violate floodplain ordinances are public nuisances and can be removed or stopped by court order. 103F.151 Flood-prone Area Inventory and Assessment The DNR commissioner must inventory all flood-prone areas in the state and assess potential damage. 103F.155 This section has been repealed. 103F.161 Flood Hazard Mitigation Grants The DNR commissioner may give grants to local governments for flood damage reduction studies, buyouts of flood-prone … 103F.165 Flood Insurance Local governments in flood-prone areas should join the national flood insurance program so residents can buy flood … 103F.171 Southern Minnesota Rivers Basin Area Ii Boundaries Defines the boundaries of Southern Minnesota Rivers Basin Area II for the flood retention pilot program. 103F.173 Program Creates a state grant program to help local governments in the Southern Minnesota River Basin build flood retention … 103F.175 Aid Formula State grants for Southern Minnesota flood retention projects can cover up to 75% of total project costs. 103F.177 Operation Within Agency The Board of Water and Soil Resources runs the Southern Minnesota flood retention pilot program. 103F.179 Selecting Projects A priority system must be used to decide which flood retention projects receive state grant money. 103F.181 Conditions for Grants Local governments must pass a resolution and commit local funding before receiving a state flood retention grant. 103F.183 Approved Projects When a flood retention project is approved, the state negotiates a contract with the local government covering costs and … 103F.185 Interstate Cooperation Minnesota may work with South Dakota on flood retention projects near the state border. 103F.187 Report to Legislature After a flood retention project operates for two years, the state must report to the legislature on how well the program … 103F.201 Regulatory Purpose of Shoreland Development States the purpose of shoreland development rules: to protect water quality and natural areas along lakes and rivers. 103F.205 Definitions Defines terms used in shoreland development rules, including commissioner, municipality, and shoreland. 103F.211 Model Standards and Criteria The DNR commissioner creates model standards for how land near lakes and rivers should be divided and developed. 103F.215 Model Ordinance as County Ordinance If a county fails to adopt adequate shoreland rules, the DNR commissioner can impose the state model ordinance on that … 103F.221 Municipal Shoreland Management Cities with shoreland must submit their zoning rules to the DNR commissioner for review and approval. 103F.225 This section has been repealed. 103F.227 Shoreland Development; Existing Resorts Protects existing lake resorts by allowing them to continue operating even if they do not fully meet newer shoreland … 103F.301 Citation Sections 103F.301 to 103F.345 are called the Minnesota Wild and Scenic Rivers Act. 103F.305 Scenic River Protection Policy Declares state policy to protect rivers with outstanding scenic, recreational, and natural values for current and future … 103F.311 Definitions Defines terms used in the Wild and Scenic Rivers Act, including free-flowing, wild river area, and scenic river area. 103F.315 Wild and Scenic Rivers System Sets up the Minnesota wild and scenic rivers system with three categories: wild, scenic, and recreational. 103F.321 Administration and Rules The DNR commissioner manages the wild and scenic rivers system, studies rivers, and adopts rules. 103F.325 Designation Procedure Before adding a river to the system, the DNR must prepare a management plan that respects existing land uses. 103F.331 Acquiring and Developing System The DNR may buy land or easements along wild and scenic rivers and develop public access areas. 103F.335 Local Government Compliance Local governments must adopt ordinances that comply with the wild and scenic rivers management plan within six months. 103F.341 Federal-state Relations State wild and scenic river designation does not prevent a river from also joining the federal wild and scenic rivers … 103F.345 Conflict With Other Laws If wild and scenic rivers rules conflict with other state laws, the rule that gives more protection applies. 103F.35 Welch; Goodhue County Allows mixed land uses with a conditional use permit in the unincorporated area of Welch in Goodhue County's scenic … 103F.351 Lower St. Croix Wild and Scenic River Act Protects the Lower St. Croix River between Taylors Falls and the Mississippi as a scenic and recreational resource. 103F.361 Findings and Intent Declares that the upper Mississippi River from Lake Itasca to Morrison County has unique values worth protecting. 103F.363 Applicability The Mississippi headwaters protection law applies to eight counties along the upper Mississippi River. 103F.365 Definitions Defines terms for the Mississippi headwaters protection law, including board, plan, and zoning authority. 103F.367 Mississippi Headwaters Board Creates the Mississippi Headwaters Board, made up of one commissioner from each of eight counties along the upper … 103F.369 Plan Implementation The Mississippi Headwaters Board sets minimum land use standards that counties must follow along the upper Mississippi. 103F.371 Responsibilities of Other Governmental Units All government agencies must support the goals of the Mississippi headwaters protection plan. 103F.373 Reviewing and Certifying Land Use Actions The Mississippi Headwaters Board reviews and certifies local land use decisions like variances and conditional uses … 103F.375 Incorporation and Annexation; Moratorium When land in the headwaters plan area is annexed by a city, a moratorium on building permits applies until the city … 103F.377 Biennial Report The Mississippi Headwaters Board must report to the legislature every two years on its activities. 103F.378 This section has been repealed. 103F.381 This section has been repealed. 103F.383 This section has been repealed. 103F.385 This section has been repealed. 103F.387 This section has been repealed. 103F.389 This section has been repealed. 103F.391 This section has been repealed. 103F.393 This section has been repealed. 103F.401 Definitions Defines terms for the soil loss law, including conservation plan, excessive soil loss, and land occupier. 103F.405 Soil Loss Ordinances Cities, towns, and counties with zoning authority may adopt soil loss ordinances to prevent erosion. 103F.411 Model Ordinance The Board of Water and Soil Resources creates a model soil loss ordinance that local governments can use as a guide. 103F.415 Excessive Soil Loss Prohibited No person may cause activities that result in excessive soil loss. Farmers following best practices are in compliance. 103F.421 Enforcement A landowner, official, or conservation board member may file a complaint about excessive soil loss from nearby land. 103F.425 District Court Hearing If mediation fails, the county attorney can ask the court to order a conservation plan to stop excessive soil loss. 103F.431 Soil and Water Conservation Assistance Landowners ordered to fix soil loss problems can get help from the local soil and water conservation district. 103F.435 Attorney and Local Government May Perform Duty of County A city or town attorney may handle soil loss enforcement if the city or town has its own soil loss ordinance. 103F.441 Erosion Control Plan for Development Activities Developers disturbing more than one acre of land must submit an erosion control plan to prevent soil loss. 103F.445 Cost-sharing Funds Except for development projects, landowners cannot be required to install soil conservation practices unless state … 103F.451 This section has been repealed. 103F.455 Penalty A person who causes excessive soil loss can face a civil penalty of up to $500. 103F.460 This section has been repealed. 103F.461 This section has been repealed. 103F.48 Riparian Protection and Water Quality Practices Requires 50-foot buffers of plants along public waters and 16.5-foot buffers along public ditches to protect water … 103F.501 Short Title Sections 103F.505 to 103F.531 are called the Reinvest in Minnesota Resources Law. 103F.505 Purpose and Policy States the purpose of the RIM program: to restore marginal farmland and protect sensitive areas for water quality, … 103F.511 Definitions Defines terms for the RIM program, including board, conservation easement, eligible land, and marginal agricultural … 103F.515 Reinvest in Minnesota Reserve Program Creates the RIM reserve program, which pays landowners for permanent conservation easements on marginal farmland. 103F.516 Permanent Wetlands Preserve The Board of Water and Soil Resources may buy permanent easements to preserve or restore wetlands on private land. 103F.518 Reinvest in Minnesota Clean Energy Program Creates the RIM clean energy program for establishing native vegetation on land used for biomass energy production. 103F.519 Reinvest in Minnesota Working Lands Program Creates a RIM working lands program for conservation on land that continues to be farmed using sustainable practices. 103F.521 Cooperation State agencies must cooperate and share information when implementing the RIM program. 103F.525 Supplemental Payments on Federal and State Conservation Programs The state may add extra payments on top of federal conservation program payments to encourage more land enrollment. 103F.526 Food Plots The board may allow wildlife food plots on land enrolled in RIM conservation easements. 103F.527 Conservation Practices Landowners in the RIM program must establish approved conservation practices and may be reimbursed for costs. 103F.528 Soil and Water Conservation District Responsibilities Soil and water conservation districts may take on RIM program duties through agreements with the board. 103F.531 Rulemaking The Board of Water and Soil Resources may adopt rules to run the RIM program. 103F.535 Reservation of Marginal Land and Wetlands Marginal land and wetlands held by the state are generally kept off the market unless proper notice is given before … 103F.601 Water Bank Program The DNR commissioner runs a water bank program to buy interests in land to preserve wetlands. 103F.612 Wetland Preservation Areas Wetland owners may apply to create a wetland preservation area, which protects the wetland from development. 103F.613 Duration of Wetland Preservation Area A wetland preservation area lasts until the owner chooses to end it, with at least eight years' notice required. 103F.614 Eminent Domain Actions Government agencies using eminent domain on wetland preservation areas must replace the wetland on a 2-to-1 basis. 103F.615 Limitation on Certain Public Projects Public sewer, water, and drainage projects are banned in wetland preservation areas. 103F.616 Soil Conservation Practices Owners of wetland preservation areas must use good soil conservation practices on the land around the wetland. 103F.701 Citation Sections 103F.701 to 103F.755 are called the Clean Water Partnership Law. 103F.705 Purpose The Clean Water Partnership program protects, enhances, and restores surface water and groundwater through local grants. 103F.711 Definitions Defines terms for the Clean Water Partnership program, including agency, best management practices, and nonpoint source … 103F.715 Clean Water Partnership Program Established Creates the Clean Water Partnership program, run by the Pollution Control Agency, to provide grants and loans to local … 103F.721 This section has been repealed. 103F.725 Financial and Technical Assistance The state may award grants for up to 50% of project costs and loans up to $50 million for clean water projects. 103F.731 Eligibility for Assistance Local governments apply for Clean Water Partnership help by submitting a project proposal and evidence of local support. 103F.735 Agency Review of Proposals The Pollution Control Agency ranks clean water project proposals by priority and funds the highest-ranked ones first. 103F.741 Project Implementation Local governments receiving clean water funds must carry out projects according to the approved plan and contract. 103F.745 Rules The Pollution Control Agency adopts rules for the Clean Water Partnership program covering applications, funding, and … 103F.751 Nonpoint Source Pollution; Management Plan The Pollution Control Agency must develop a state plan to control nonpoint source water pollution, like runoff from … 103F.755 Availability of Data; Standards Data collected through the Clean Water Partnership must be shared using state technology standards. 103F.761 This section has been repealed. 103F.801 County Lake Improvement Program Creates a statewide county lake improvement program to protect lakes and increase their use and enjoyment. 103F.805 State Aid for Lake Improvements The DNR commissioner assesses lake improvement needs and provides state aid to counties for lake projects. 103F.806 This section has been repealed or is reserved. 103F.807 This section has been repealed or is reserved. 103F.808 This section has been repealed or is reserved. 103F.809 This section has been repealed or is reserved. 103F.810 This section has been repealed or is reserved. 103F.811 This section has been repealed or is reserved. 103F.901 Definitions Defines terms for the wetland establishment and restoration program, including board, commissioner, and wetland. 103F.902 Local Planning and Approval Landowners may apply to local government to create or restore a wetland on their property in approved areas. 103F.903 Wetland Establishment and Restoration Cost-share Program Local governments apply to the state board for cost-share money to fund approved wetland restoration projects. 103F.904 Wetland Establishment After receiving state funding, the local government orders the wetland built or restored and pays all costs including … 103F.905 Rules The Board of Water and Soil Resources may adopt rules to run the wetland restoration program. 103F.950 This section has been repealed.