Public waters and public drainage system laws clarification provisions

A bill for an act

relating to natural resources; clarifying public waters and public drainage system

laws; amending Minnesota Statutes 2024, sections 103E.701, subdivision 2;

103G.225; 103G.245, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 103E.701, subdivision 2, is amended to read:

Subd. 2.

Repairs affecting public waters.

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(a) Where as-built records, reestablished

records under section 103E.101, subdivision 4a, or prior concurrence of the commissioner

exists, the drainage authority may proceed with a drainage system repair as provided in this

section without further concurrence, review, or permission of the commissioner under

section 103E.011, subdivision 3.

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(b) Where as-built records, reestablished records under section 103E.101, subdivision

4a, or prior concurrence of the commissioner does not exist,
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before a repair is ordered, the

drainage authority must notify the commissioner if the repair
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may affect
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will be conducted

in, through, or adjacent to
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public waters.
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Notice to the commissioner must include the

proposed repair design and configuration. Within 60 days of notice, the commissioner must

concur or not concur that the proposed repair is, in fact, repair as provided in this section.

Failure of the commissioner to concur or not concur with the repair design and configuration

within 60 days is deemed concurrence.
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If the commissioner
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disagrees
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does not concur
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with

the repair
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depth
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design and configuration
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, the engineer, a representative appointed by the

director, and a soil and water conservation district technician must jointly determine the

repair
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depth
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allowed under this section
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using
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soil borings, field surveys, and other available

data or appropriate methods
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existing records and evidence, including but not limited to

applicable aerial photographs, soil borings, test pits, culvert dimensions, invert elevations,

and bridge design records
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. Costs for determining the repair
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depth
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design and configuration
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beyond the initial meeting must be shared equally by the drainage system and the

commissioner. The determined repair
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depth
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design and configuration
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must be recommended

to the drainage authority. The drainage authority may accept the joint recommendation and

proceed with the repair.

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(c) The commissioner's concurrence with repair design and configuration or the drainage

authority acceptance of a repair design and configuration recommendation under this

subdivision constitutes permission of the commissioner under section 103E.011, subdivision

3.

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Sec. 2.

Minnesota Statutes 2024, section 103G.225, is amended to read:

103G.225
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STATE WETLANDS
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PUBLIC WATERS
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AND PUBLIC DRAINAGE

SYSTEMS.

If the state
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owns
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has inventoried and designated public water courses, basins, or
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public

waters wetlands on or adjacent to existing public drainage systems, the state shall consider

the use of the public waters
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wetlands
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as part of the drainage system. If the
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commissioner's

desired management or protection of
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public waters
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wetlands interfere
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interferes
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with or
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prevent
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prevents
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the authorized functioning of the public drainage system, the state shall

provide for necessary work to allow proper use and maintenance of the drainage system

while still preserving the public waters
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wetlands
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.

Sec. 3.

Minnesota Statutes 2024, section 103G.245, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

A public-waters-work permit is not required for:

(1) work in altered natural watercourses that are part of drainage systems established

under chapter 103D or 103E if the work in the waters is undertaken according to chapter

103D or 103E;

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(2) repair of a public drainage system lawfully established under chapters 103D and

103E and sponsored by the public drainage authority as provided in section 103E.701;

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(2)
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(3)
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a drainage project for a drainage system established under chapter 103E that does

not substantially affect public waters; or

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(3)
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(4)
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culvert restoration or replacement of the same size and elevation, if the restoration

or replacement does not impact a designated trout stream.