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I I I I I I I I I I I I I I I I I I I SUMMARY OF SOIL LOSS LIMITS PROPOSED RULES MINNESOTA STATUTES, CHAPTER 40.19 - 40.28 Upon evidence of erosion on a tract of land, an adversely affected land- owner, an elected or appointed official of the local government or a soil and water conservation district board member may submit a written complaint to the local government if conditions exist that indicate there is excessive soil loss. The local government shall submit the written complaint to the local soil and water conservation district for an investigation of the average annual soil loss on the tract of land cited by the complaint. The average annual soil loss must be below the "T" value for that soil type. If the soil and water conservation district determines that soil loss is not excessive, the complaint may be dismissed. If the soil and water conservation district determines that soil loss ;s not excessive, the local government may have the complaint dismissed. If the soil and water conservation district determines that soil loss is excessive and conservation practices are available to reduce the soil loss, the soil and water conservation district will forward this information to the local government and the local government shall request the landowners to participate in mediation to approve a conservation plan and time schedule for implementation for the tract of land. If the local government and the landowner do not reach a settlement or if the landowner refuses to participate in mediation, the local government shall forward the complaint to the municipal attorney. The municipal attorney may petition the court to hear the local governments conservation plan and time schedule and the landowner's alternative plan. The court shall order the implementation of the plan and time schedule which reduces soil erosion to the tolerate limits and is workable for the landowner. A landowner who enters into a mediated settlement or who is ordered to implement a conservation plan and time schedule is eligible for state cost-share funds, providing 50 or 75 percent of the cost of permanent conservation practices. The proposed rule also allows local governments to regulate soil loss during construction activities. The developer must submit to the local unit a sedimentation control plan that sets out measures and imp1mentation timetables to control erosion during construction. The local government will review the plan and issue a permit authorizing the development activity contingent upon the implementation of the plan. FOR MORE INFORMATION CONTACT: Kimberly Kay Benson, Land Use Specialist Soil and Water Conservation Board 90 West Plato Boulevard St. Paul, Minnesota 55107 (612) 296-3767 ~