Chapter 103G — Waters of the State

103G.001 Citation; Water Law Chapters 103A through 103G together make up Minnesota's Water Law. 103G.005 Definitions Defines key terms used in Minnesota's water law, including wetlands, public waters, and water basins. 103G.101 Water Conservation Program The DNR commissioner must create a water conservation program for the state's best interests. 103G.105 Cooperation With Other Agencies The DNR may work with federal, state, and local agencies to carry out water laws. 103G.111 Representing State in Water Issues The DNR commissioner can represent the state in federal water matters to protect public interests. 103G.115 Enjoining Water-flow Interference Outside State The DNR can sue to stop anyone outside Minnesota from blocking or harming the state's public waters. 103G.121 Commissioner's Authority to Investigate and Construct Projects The DNR can survey state waters, acquire property by purchase or eminent domain, and approve project contracts. 103G.125 Director's Authority The Division director works with state and federal agencies on water projects and may set standards for forms and maps. 103G.127 Permit Program Under Section 404 of Federal Clean Water Act The DNR may create rules for a state permit program to regulate dredge and fill in state waters under the federal Clean … 103G.131 Venue of Certain Actions Lawsuits about public water classifications must be filed in the county where the water is located. 103G.134 Orders and Investigations The DNR can issue orders, require reports and monitoring, conduct investigations, and hold hearings about public waters. 103G.135 Enforcing Commissioner's Orders Courts can issue injunctions to enforce the DNR commissioner's water-related orders. 103G.141 Penalties Altering public waters or taking state water without a permit is a misdemeanor. Violating Clean Water Act permits can … 103G.145 Application This chapter does not override section 92.45 regarding state land. 103G.146 Duty of Candor People must not make false statements or hide important facts from the DNR about water matters. 103G.201 Public Waters Inventory The DNR must maintain public waters inventory maps for each county showing which waters are designated as public. 103G.205 Effect of Public Waters Designation Calling a body of water 'public waters' does not give the public extra access rights or take away landowner rights. 103G.211 Draining Public Waters Prohibited Without Replacement Public waters cannot be drained unless replaced with equal or greater value public waters. 103G.215 Agricultural Use of Public Waters During Drought Landowners may use exposed lake beds for farming during droughts if they do not build structures or drain the water. 103G.216 Reporting Fish Kills in Public Waters State or county officials who learn of a fish kill in public waters must report it within one to four hours. 103G.2165 Development of Fish Kill Response Protocol State agencies must develop and follow a protocol for responding to fish kills, including sampling, testing, and public … 103G.217 Driftless Area; Water Resources Addresses water resource management in Minnesota's Driftless Area region. 103G.221 Draining Public Waters Wetlands Sets rules for when and how public waters wetlands may be drained, with required replacement. 103G.2212 Contractor's Responsibility When Work Drains or Fills Wetlands Contractors who drain or fill wetlands without the landowner's knowledge are responsible for wetland replacement. 103G.222 Replacement of Wetlands Wetlands that are drained or filled must be replaced through mitigation. Replacement plans must be approved. 103G.223 Calcareous Fens Calcareous fens are protected. No draining, filling, or burning is allowed without DNR approval. 103G.2241 Exemptions Lists exemptions from wetland replacement requirements, such as certain farming and road activities. 103G.2242 Wetland Value Replacement Plans Sets rules for wetland value replacement plans, including banking credits, fees, and replacement standards. 103G.2243 Local Comprehensive Wetland Protection and Management Plans Local governments may create comprehensive wetland protection and management plans as alternatives to standard rules. 103G.2244 Wetland Creation or Restoration Within Pipeline Easement Wetland creation or restoration within a pipeline easement can qualify for wetland bank credits. 103G.225 State Wetlands and Public Drainage Systems Covers how wetlands interact with public drainage systems, including when drainage authorities must replace wetlands. 103G.2251 State Conservation Easements; Wetland Bank Credit State conservation easements may be used to create wetland bank credits under certain conditions. 103G.231 Property Owner's Use of Public Waters Wetlands Property owners may drain public waters wetlands on their land for farming if the wetland was previously drained. 103G.235 Restrictions on Access to Wetlands Landowners cannot restrict traditional access routes to public waters or wetlands. 103G.2364 Property Owner's Use of Wetlands Property owners may use wetlands on their land for certain activities within limits. 103G.2365 Controlling Noxious Weeds Noxious weeds in wetlands may be controlled without triggering wetland replacement requirements. 103G.2369 This section has been repealed or renumbered. 103G.237 Compensation for Loss of Private Use Property owners who lose private use of land due to public waters designations may seek compensation. 103G.2372 Enforcement The Board of Water and Soil Resources can enforce wetland laws and issue correction orders. 103G.2373 This section has been repealed or renumbered. 103G.2374 Electronic Transmission Wetland-related notices and documents may be sent by electronic transmission. 103G.2375 Assumption of Section 404 of Federal Clean Water Act Minnesota may assume the federal Section 404 wetland permit program under the Clean Water Act. 103G.241 Contractor's Responsibility When Work Affects Public Waters Contractors who do work that affects public waters without the owner's knowledge are responsible for fixing the damage. 103G.245 Work in Public Waters A permit from the DNR is required for any work in public waters, including filling, excavating, and building structures. 103G.251 Investigating Activities Affecting Waters of the State The DNR can investigate and take emergency action when activities threaten state waters. 103G.255 Allocating and Controlling Waters of the State The DNR can allocate and control how state waters are used, including setting limits during shortages. 103G.261 Water Allocation Priorities Water use priorities rank domestic needs first, then uses that keep water in the area over those that remove it. 103G.265 Water Supply; Management The DNR must manage water supply to meet long-term needs and may require conservation plans. 103G.27 Water Management Account The DNR has a water management account to fund water resource activities. 103G.271 Appropriation and Use of Waters You need a DNR permit to take or use waters of the state, with some exceptions for small domestic uses. 103G.275 Installation for Water Use Water use installations must meet standards set by the DNR and may be inspected. 103G.281 Water Use Prohibited Without Measuring Quantities Anyone who takes water from the state must measure how much they use and report it to the DNR. 103G.282 Monitoring to Evaluate Impacts From Appropriations The DNR monitors water levels and ecosystems to evaluate the effects of water appropriations. 103G.285 Surface Water Appropriations Surface water appropriation permits have specific requirements for protecting lake levels and stream flows. 103G.287 Groundwater Appropriations Groundwater permits must consider aquifer sustainability and the effects on other wells and surface waters. 103G.289 Well Interference; Well Sealing If your well is harmed by another permitted well, you may seek a well interference order from the DNR. 103G.291 Public Water Supply Plans; Appropriation During Deficiency Public water suppliers must create supply plans. During water shortages, the governor may allocate water. 103G.293 Statewide Drought Plan The DNR must develop a statewide drought plan to manage water during extended dry periods. 103G.295 This section has been repealed or renumbered. 103G.297 Diverting or Draining Water for Mining Mining operations that divert or drain water need DNR permits with special conditions. 103G.298 Landscape Irrigation Systems Landscape irrigation systems have specific rules including required rain sensors and watering schedules. 103G.299 Administrative Penalties The DNR may impose administrative penalties for water law violations without going to court. 103G.2991 Penalties; Enforcement Penalties and enforcement provisions for water appropriation violations. 103G.301 General Permit; Application Procedures Sets procedures for applying for water use permits, including required information and general permits. 103G.305 Time Limit to Act on Water-use Permit Application The DNR must act on water use permit applications within 60 days or the permit is deemed approved. 103G.311 Permit Hearing Permit applicants and affected parties can request a public hearing on water use permit applications. 103G.315 Denying and Issuing Permits The DNR may deny permits that would harm public waters or grant them with conditions to protect resources. 103G.401 Application to Establish Lake Levels Anyone can apply to set a legally established lake level for any water body in Minnesota. 103G.405 Water Level Control for Landlocked Lakes The DNR may install outlets to control water levels in landlocked lakes that cause flooding. 103G.407 Water Level Control for Public Waters With Outlet The DNR can control water levels in public waters that have natural outlets. 103G.408 Temporary Drawdown of Public Waters The DNR may temporarily lower public water levels for resource management purposes. 103G.411 Stipulation of Low-water Mark A low-water mark can be established by agreement between the DNR and affected property owners. 103G.412 Stream Gauge Data The DNR must maintain stream gauge stations and make water flow data available to the public. 103G.413 Appeal of Order Establishing Ordinary High-water Level DNR orders setting ordinary high-water levels can be appealed to district court. 103G.415 Big Stone Lake; Seasonal Water Level Sets seasonal water level requirements for Big Stone Lake on the Minnesota-South Dakota border. 103G.421 Control of Mississippi Headwater Lakes The DNR controls water levels in the headwater lakes of the Mississippi River. 103G.501 Constructing Private Dams on Nonnavigable Waters Landowners may build private dams on nonnavigable waters on their own land with a DNR permit. 103G.505 Dam Construction and Maintenance by State The state may build dams on any state waters for conservation, flood control, or other public purposes. 103G.511 Publicly Owned Dam Repair Publicly owned dams must be inspected and repaired to maintain safety standards. 103G.515 Examining and Repairing Dams and Reservoirs The DNR can inspect any dam or reservoir and order repairs if it poses a safety risk. 103G.521 Transfer of Authority Over State Dams The state may transfer authority over state dams to local governments or other agencies. 103G.525 Limitations on Transferring Dam Ownership Restrictions apply when transferring ownership of dams to ensure continued maintenance and safety. 103G.531 Dam Permit Exceptions Some dams are exempt from standard permitting if they meet certain size and safety criteria. 103G.535 Hydropower Generation Rules for generating hydroelectric power at dams, including permit requirements. 103G.541 Municipal Dams on Red River of the North Cities along the Red River of the North may build dams for municipal water supply. 103G.545 Dams and Water Level Control in Cook, Lake, and St. Louis Counties Special dam and water level rules apply in Cook, Lake, and St. Louis Counties. 103G.551 Dams Used Only for Water Level Regulation Dams used only to regulate water levels have simplified permit and maintenance rules. 103G.555 Statute of Limitations for Actions Against Public Officials Officials who enforce water laws have a two-year statute of limitations for lawsuits against them. 103G.561 Statute of Limitations for Actions on Flowage Easements and Ordinary High-water Levels There is a six-year deadline to bring lawsuits about flowage easements or ordinary high-water levels. 103G.565 Right to Overflow, Obstruct, or Impair Highways Granted by Governing Body A local governing body may grant the right to overflow, obstruct, or impair a highway for water projects. 103G.571 Bank Repair on Property Where Overflow Rights Are Acquired Property owners may repair banks on land where the state has acquired overflow rights. 103G.575 Grant of Flowage Easements in Upper Red Lake Region Grants flowage easements for land around Upper Red Lake to manage water levels. 103G.601 Ice-cutting Fences and Guards Anyone cutting ice on public waters must maintain fences and guards around the cutting area. 103G.605 Deicing Water Bodies Rules for using chemicals or devices to remove ice from lakes and rivers. 103G.611 Water Aeration Safety Aeration systems in lakes must have safety markers to warn of thin ice areas. 103G.615 Permits to Harvest or Destroy Aquatic Plants You need a DNR permit to harvest or destroy aquatic plants in public waters. 103G.617 This section has been repealed or renumbered. 103G.621 County Weed and Algae Destruction and Removal Counties may remove weeds and algae from public waters and assess costs to benefiting landowners. 103G.625 Municipal Control of Aquatic Vegetation and Organisms Cities may control aquatic vegetation and harmful organisms in public waters within their limits. 103G.650 This section has been repealed or renumbered. 103G.651 Removing Sunken Logs From Public Waters Rules for removing sunken logs and other timber from public waters. 103G.701 Stream Maintenance Program The DNR runs a stream maintenance program to keep waterways clear and functioning properly. 103G.705 This section has been repealed or renumbered. 103G.711 State's Ownership of Bed of Navigable River The state owns the bed of navigable rivers in Minnesota. 103G.801 Great Lakes -- St. Lawrence River Basin Water Resources Compact Minnesota is part of the Great Lakes-St. Lawrence River Basin Water Resources Compact with other Great Lakes states.