Soil and water conservation provisions modification

A bill for an act

relating to natural resources; modifying provisions for soil and water conservation;

amending Minnesota Statutes 2024, sections 103C.005; 103C.201, subdivision 7;

103C.225, subdivision 4; 103C.331, subdivisions 5, 6, 7, 9, 15; 103C.335;

103C.501, subdivisions 5, 7; 103G.2241, subdivisions 1, 2; repealing Minnesota

Statutes 2024, section 103C.101, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 103C.005, is amended to read:

103C.005 SOIL AND WATER CONSERVATION POLICY.

Maintaining and enhancing the quality of soil and water for the environmental and

economic benefits they produce, preventing degradation, and restoring degraded soil and

water resources of this state contribute greatly to the health, safety, economic well-being,

and general welfare of this state and its citizens. Land
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occupiers
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owners and authorized

agents
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have the responsibility to implement practices that conserve the soil and water

resources of the state. Soil and water conservation measures implemented on private lands

in this state provide benefits to the general public by reducing erosion, sedimentation,

siltation, water pollution, and damages caused by floods. The soil and water conservation

policy of the state is to encourage
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land occupiers to conserve
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conservation of
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soil, water,

and the natural resources they support through the implementation of practices that:

(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to

preserve natural resources;

(2) ensure continued soil health, as defined under section
103C.101, subdivision 10a
,

and soil productivity;

(3) protect water quality;

(4) prevent impairment of dams and reservoirs;

(5) reduce damages caused by floods;

(6) preserve wildlife;

(7) protect the tax base; and

(8) protect public lands and waters.

Sec. 2.

Minnesota Statutes 2024, section 103C.201, subdivision 7, is amended to read:

Subd. 7.

Determination after referendum.

(a) The state board
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shall
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must
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publish the

result of the referendum and then determine whether the operation of a district in the defined

boundaries is administratively feasible. In making the determination, the state board must

consider the policy in section
103C.005
, and
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:
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(1) the attitudes of the land occupiers in the defined boundaries;

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(2) the number of eligible voters who voted in the referendum;

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(3) the proportion of the votes cast in the referendum in favor of establishing the district

to the total number of votes cast;

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(4) the approximate wealth and income of the land occupiers of the proposed district;

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(5) the probable expense of carrying on erosion-control operations and related water

quality improvements within the district; and

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(6)
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other relevant economic
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, scientific,
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and social factors. The state board may not

determine that the operation of the proposed district within the defined boundaries is

administratively feasible unless a majority of the votes cast in the referendum on

establishment of the district have been cast in favor of establishing the district.

(b) If the state board determines that the operation of the district is not administratively

feasible, the state board shall record the determination and deny the petition. Six months

after the date of entry of a determination by the state board that operation of a proposed

district is not administratively feasible, a new petition may be filed and a new proceeding

started.

(c) If the state board determines that the operation of the district is administratively

feasible, it shall record the determination and proceed with the establishment and organization

of the district.

Sec. 3.

Minnesota Statutes 2024, section 103C.225, subdivision 4, is amended to read:

Subd. 4.

Determination by state board.

(a) The state board shall determine whether

the continued operation of the district board is administratively feasible and give

consideration to
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:
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(1)
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the public policy under section
103C.005
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, and:
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;
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(1) the attitudes of land occupiers within the district;

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(2) the number of eligible voters who voted in the referendum;

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(3) the proportion of the votes cast in the referendum in favor of the discontinuance of

the district to the total number of votes cast;

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(4) the approximate wealth and income of the land occupiers of the district;

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(5) the probable expense of carrying on erosion-control operations and related water

quality improvements within the district;

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(6) the plan to continue
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(2)
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the powers, duties, and responsibilities of the district board;

and

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(7)
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(3)
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other economic
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, scientific,
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and social factors relevant to the determination.

(b) If the state board determines that the continued operation of the district is

administratively feasible, the state shall record the determination and deny the petition.

(c) If the state board determines that the continued operation of the district is not

administratively feasible, the state board shall record the determination and certify the

determination to the district board. The state board may determine that the continued

operation of the district is not administratively feasible only when at least a majority of the

votes cast in the referendum have been cast in opposition to continuance and a satisfactory

plan to continue the powers, duties, and responsibilities of the district board is completed.

Sec. 4.

Minnesota Statutes 2024, section 103C.331, subdivision 5, is amended to read:

Subd. 5.

Demonstration projects.

A district may conduct demonstration projects within

the district
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on lands owned or administered by a state agency, with the cooperation of the

administering agency, and on other lands with the consent of the land occupier,
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to

demonstrate practices
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which
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that
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implement the state policy specified in section
103C.005
.

Sec. 5.

Minnesota Statutes 2024, section 103C.331, subdivision 6, is amended to read:

Subd. 6.

Implementing practices.

A district may implement any necessary practices

within the district, including structural measures and works of improvement
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,
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to achieve the

purposes of this chapter and fulfill other statutory responsibilities
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, on:
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.
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(1) lands acquired by the district;

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(2) lands owned or administered by a public agency, with the cooperation of the

administering agency; and

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(3) other lands, with the consent of the land occupier.

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Sec. 6.

Minnesota Statutes 2024, section 103C.331, subdivision 7, is amended to read:

Subd. 7.

Implementing soil and water conservation policy.

A district may cooperate

or enter into agreements
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with
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and furnish financial or other aid
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to a land occupier or

appropriate agency
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to implement this chapter and fulfill other statutory responsibilities,

subject to conditions the district board determines are necessary.

Sec. 7.

Minnesota Statutes 2024, section 103C.331, subdivision 9, is amended to read:

Subd. 9.

Using machinery and supplies.

A district may make available, on terms it

prescribes,
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to land occupiers within the district agricultural and engineering machinery and

equipment, fertilizer, seeds, seedlings, and other material
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materials
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or equipment
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that helps

land occupiers implement practices on their land
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to implement this chapter and fulfill other

statutory responsibilities.

Sec. 8.

Minnesota Statutes 2024, section 103C.331, subdivision 15, is amended to read:

Subd. 15.

Agreements for state or federal assistance.

(a) A district may apply for and

enter into an agreement or contract to obtain or use state or federal funding or assistance

under any law providing for state or federal funding or assistance for an authorized purpose

of the district.

(b) A district may:

(1) acquire any land, easements, or rights-of-way needed in connection with works of

improvement installed with federal or state assistance or funding;

(2) assume the proportionate share of the cost of installing works of improvement

involving state or federal funding or assistance that is equitable in consideration of anticipated

benefits from the improvements;

(3) arrange to defray costs of operating and maintaining works of improvement in

accordance with prescribed regulations;

(4) acquire or provide assurance that land
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occupiers
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owners or authorized agents
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have

acquired the water rights and other rights, pursuant to state law, needed to install, maintain,

and operate the works of improvement; and

(5) obtain agreements to carry out recommended soil and water conservation measures

and prepare farm plans for owners of not less than 50 percent or other required percentage

of the lands situated in a drainage area above a retention reservoir installed with federal

assistance, as prescribed by applicable federal law, and may do any other acts necessary to

secure and use federal aid.

Sec. 9.

Minnesota Statutes 2024, section 103C.335, is amended to read:

103C.335 TECHNICAL AND ADMINISTRATIVE ASSISTANCE TO DISTRICTS.

At the request of local districts, the Agricultural Extension Service of the University of

Minnesota, county extension committees, and county extension agents shall:

(1) advise the districts in developing their comprehensive plan amendments and annual

work plans;

(2) in cooperation with the districts and the Natural Resources Conservation Service of

the United States Department of Agriculture, provide technical assistance and education
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to

land occupiers
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about conservation tillage practices and other soil conservation practices;

and

(3) participate in training district officials and employees in cooperation with the state

board.

Sec. 10.

Minnesota Statutes 2024, section 103C.501, subdivision 5, is amended to read:

Subd. 5.

Contracts by districts.

(a) A district may provide technical and financial

assistance
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to a land occupier or to a state or federal agency
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for practices and projects for:

(1) erosion or sedimentation control;

(2) improvements to water quality or water quantity;

(3) habitat enhancement;

(4) plant biodiversity;

(5) energy conservation; or

(6) climate adaptation, resiliency, or mitigation.

(b) A district, consistent with state board rules and policies, may contract to provide

technical and financial assistance for structural and nonstructural practices and projects.

(c) The state board or the district may not furnish any financial assistance for practices

designed only to increase land productivity.

(d) When a district determines that long-term maintenance of a system or practice is

desirable, the district or the state board may require that maintenance be made a covenant

upon the land for the effective life of the practice. A covenant under this subdivision shall

be construed in the same manner as a conservation restriction under section
84.65
.

Sec. 11.

Minnesota Statutes 2024, section 103C.501, subdivision 7, is amended to read:

Subd. 7.

Inspections.

The district or the district's delegate must conduct site inspections

of conservation practices installed to determine
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if the land occupier is in
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compliance with

design,
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installation,
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operation, and maintenance specifications.

Sec. 12.

Minnesota Statutes 2024, section 103G.2241, subdivision 1, is amended to read:

Subdivision 1.

Agricultural activities.

A replacement plan for wetlands is not required

for:

(1) impacts to wetlands on agricultural land
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labeled prior-converted cropland and impacts

to wetlands
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resulting from drainage maintenance activities
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that do not exceed the scope and

effect of drainage manipulations that occurred before December 23, 1985, and are
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authorized

by the United States Department of Agriculture, Natural Resources Conservation Service,

on areas labeled
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farmed wetland, farmed-wetland pasture, and wetland. The
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prior-converted

cropland, farmed wetland, farmed-wetland pasture, or wetland
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must be labeled
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on a valid

final certified wetland determination issued by the Natural Resources Conservation Service
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in accordance with Code of Federal Regulations, title 7, part 12, as amended
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. It is the

responsibility of the owner or operator of the land to provide a copy of the final certified

wetland determination to, and allow the Natural Resources Conservation Service to share

related information with, the local government unit and the board for purposes of verification;

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(2) until October 31, 2031, impacts to wetlands on agricultural land that:

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(i) was planted with annually seeded crops before July 1, except for crops that are

normally planted after that date, in eight out of the ten most recent years before the impact;

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(ii) was in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow

for a crop production purpose in eight out of the ten most recent years before the impact;

or

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(iii) was enrolled in a state or federal land conservation program and met the requirements

of item (i) or (ii) before enrollment;

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(2)
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(3)
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activities in a wetland conducted as part of normal farming practices. For purposes

of this clause, "normal farming practices" means farming, silvicultural, grazing, and ranching

activities such as plowing, seeding, cultivating, and harvesting for the production of feed,

food, and fiber products, but does not include activities that result in the draining of wetlands;

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(3)
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(4)
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soil and water conservation practices approved by the soil and water conservation

district, after review by the Technical Evaluation Panel;

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(4)
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(5)
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wetland impacts resulting from aquaculture activities, including pond excavation

and construction and maintenance of associated access roads and dikes, authorized under

and conducted in accordance with a permit issued by the United States Army Corps of

Engineers under section 404 of the federal Clean Water Act, United States Code, title 33,

section 1344, but not including construction or expansion of buildings;

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(5)
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(6)
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wetland impacts resulting from wild rice production activities, including necessary

diking and other activities, authorized under and conducted in accordance with a permit

issued by the United States Army Corps of Engineers under section 404 of the federal Clean

Water Act, United States Code, title 33, section 1344; or

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(6)
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(7)
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agricultural activities on agricultural land that is subject to the swampbuster

provisions of the federal farm program restrictions
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, including the use of an agricultural

wetland bank,
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consistent with a memorandum of understanding and related agreements

between the board and the United States Department of Agriculture, Natural Resources

Conservation Service.

Sec. 13.

Minnesota Statutes 2024, section 103G.2241, subdivision 2, is amended to read:

Subd. 2.

Drainage.

(a) A replacement plan is not required for draining or filling of

wetlands, except for draining wetlands that have been in existence for more than 25 years,

resulting from maintenance and repair of existing drainage systems, including public drainage

systems.
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Public drainage systems can meet this requirement with documentation that:
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(1) a repair of the drainage system ordered by the drainage authority was completed

within the past 25 years in accordance with section 103E.701; or

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(2) ditch inspections were completed within the past 25 years as required under section

103E.705 and a repair was not ordered by the drainage authority during that time.

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(b) The exemption in paragraph (a) may only be applied to wetlands within or adjacent

to the part of the system that is documented to have been repaired or inspected in accordance

with paragraph (a), clause (1) or (2).

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(b)
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(c)
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A public drainage authority may, as part of the repair of a public drainage system,

as defined in section
103E.005, subdivision 12
, install control structures, realign the ditch,

construct dikes along the ditch, or make other modifications as necessary to prevent the

drainage of wetlands.

Sec. 14.
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REPEALER.
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Minnesota Statutes 2024, section 103C.101, subdivision 8,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: S4446-1

103C.101 DEFINITIONS.

Subd. 8.

Land occupier.

"Land occupier" means a person, corporation, or legal entity that holds title to or is in possession of land within a district as an owner, lessee, tenant, or otherwise.