Agenda - Environmental Policy Board - 02/22/2016

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103F.48 MINNESOTA STATUTES 2015 2 practices approved by the board, that provide water quality protection comparable to the buffer protection for the water body that the property abuts. (c) The width of a buffer must be measured from the top or crown of the bank. Where there is no defined bank, measurement must be from the edge of the normal water level. (d) Upon request by a landowner or authorized agent or operator of a landowner, a technical professional employee or contractor of the soil and water conservation district or its delegate may issue a validation of compliance with the requirements of this subdivision. The soil and water conservation district validation may be appealed to the board as described in subdivision 9. (e) Buffers or alternative water quality practices required under paragraph (a) or (b) must be in place on or before: (1) November 1, 2017, for public waters; and (2) November 1, 2018, for public drainage systems. Subd. 4. Local water resources riparian protection. On or before July 1, 2017, the soil and water conservation district shall develop, adopt, and submit to each local water management authority within its boundary a summary of watercourses for inclusion in the local water management authority's plan. A local water management authority that receives a summary of watercourses identified under this subdivision must revise its comprehensive local water management plan or comprehensive watershed management plan to incorporate the soil and water conservation district recommendations. Subd. 5. Exemptions. Land adjacent to waters subject to subdivision 3 is exempt from the water resource protection requirements under subdivision 3, to the extent these exemptions are not inconsistent with the requirements of the state shoreland rules adopted by the commissioner pursuant to section 103F.211, if it is: (1) enrolled in the federal Conservation Reserve Program; (2) used as a public or private water access or recreational use area including stairways, landings, picnic areas, access paths, beach and watercraft access areas, and permitted water -oriented structures as provided in the shoreland model standards and criteria adopted pursuant to section 103F.211 or as provided for in an approved local government shoreland ordinance; (3) covered by a road, trail, building, or other structures; or (4) regulated by a national pollutant discharge elimination system/state disposal system (NPDES/SDS) permit under Minnesota Rules, chapter 7090, and provides water resources riparian protection, in any of the following categories: (i) municipal separate storm sewer system (MS4); (ii) construction storm water (CSW); or (iii) industrial storm water (ISW); (5) part of a water -inundation cropping system; or (6) in a temporary nonvegetated condition due to drainage tile installation and maintenance, alfalfa or other perennial crop or plant seeding, or construction or conservation projects authorized by a federal, state, or local government unit. Copyright OO 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.