Agenda - Environmental Policy Board - 02/22/2016

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Buffer Law— Failure to Implement Policy D. Must grant a conditional waiver to a landowner: (a) who has applied for and maintained eligibility for financial assistance within one year of the compliance dates in subd. 3(e); or (b) are subject to a drainage proceeding. 2. Counties: A. Must revise its comprehensive local water management plan to incorporate the SWCD recommendations by July 1, 2019, or a later date as otherwise prescribed by the Board. Adoption of the SWCD additional watercourses into a local water management plan does not imply that the water management authority must extend a local regulatory requirement to them. B. When determined to have jurisdiction, must provide the landowner with a list of corrective actions needed to come into compliance and a practical timeline to meet the riparian protection requirements when notified by the SWCD that a landowner is not in compliance. A copy of the corrective action must be provided to BWSR. C. If an administrative penalty order plan is adopted, must take necessary steps to implement the plan. 3. Watershed districts: A. Must revise its comprehensive watershed management plan to incorporate the SWCD recommendations by July 1, 2019, or a later date as otherwise prescribed by the Board. Adoption of the SWCD additional watercourses into a local water management plan does not imply that the water management authority must extend a local regulatory requirement to them. B. When determined to have jurisdiction, must provide the landowner with a list of corrective actions needed to come into compliance and a practical timeline to meet the riparian protection requirements when notified by the SWCD that a landowner is not in compliance. A copy of the corrective action must be provided to BWSR. C. If an administrative penalty order plan is adopted, must take necessary steps to implement the plan. 4. Metropolitan watershed management organizations: A. Must revise its comprehensive watershed management plan to incorporate the SWCD recommendations by July 1, 2019, or a later date as otherwise prescribed by the Board. Adoption of the SWCD additional watercourses into a local water management plan does not imply that the water management authority must extend a local regulatory requirement to them. Activities not Subject to Failure to Implement All other activities conducted by a SWCD, county, watershed district, or metropolitan water management organization, separately or jointly, that is associated with coordinating activities, collecting and sharing information, education and outreach to landowners, providing financial assistance, and carrying out existing authorities related to required buffers under Minnesota Statutes 103E and Minn. Rules 6120.2500 to 6120.3900 are not to be considered required implementation under Minn. Stat. 103F.48 and as such will not be considered as part of a failure to implement/non-implementation determination by BWSR. For purposes of this policy, "state" as provided in Minnesota Statutes 103F.48, Subd. 8 means BWSR. Also, for purposes of this policy and statute, project or program funding are only those funded by BWSR, or through BWSR. This policy will be updated or revisited as necessary, including providing direction and clarity to provisions of Minnesota Statutes 103F.48 relating to local government implementation and landowner compliance.