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LOCAL GOVERNMENT OFFICIALS MEETING March 29, 2017 Buffering Legislation Background The Minnesota legislature passed a law regulating what can be planted within 16.5 feet of a public ditch and 50 feet of a public waterway. This action is referred to as a buffer zone. If a landowner does not have the proper vegetation within the boundaries of the public water area or the ditches there is an enforcement action that can be taken. The Minnesota Board of Water & Soil Resources (BWSR) has responsibility for the overall processes as related in this statute. Counties, Watershed Districts and in certain cases cities, are given the option of being the enforcement entity over landowners in violation of this statute. The following identify some of the criteria as relates to the buffering statute. • A Minnesota Statute was passed mandating a strip of land called a "buffer" between certain types of waterways and certain types of land use. • Land adjacent to public water requires a 50 -foot strip between the waterway and certain types of land use. • Ditches are required under the statute to have a 16.5 -foot strip of land adjacent to the ditch where land reuse is controlled. • The land use specifically prohibited things such as row crops (such as corn and beans) things such as sod and grass are not considered prohibited. Feed lots and other types of land use could also be prohibited. • Minnesota DNR is responsible for developing maps of the public waterways and ditches across the state of Minnesota. • The local soil and water conservation district has the responsibility to identify those parcels that are not in compliance with the law. The soil and water conservation district communicates with the landowner identifying that there is a problem. If the problem is not rectified the enforcing authority is notified that the landowner is in violation. • The Minnesota Soil and Water Resources (BWSR) ultimately has the responsibility to enforce the statute. • BWSR encourages counties, watershed districts, and in some cases cities to take over the responsibilities of the enforcement. BWSR has requested that counties, watershed districts and others make a decision by the end of March whether they are going to be the enforcement entity or BWSR. If a county or watershed district chooses to be a part of the program or to be relieved of the responsibilities can do it at any time with a 60 -day notice. • The time table for enforcement is as follows: o Public waters November 1, 2017 o Ditch issues November 1, 2018 • If a county chooses to be the enforcement entity they are responsible for all the public waters located in the county. If a Watershed District chooses not to be the enforcement entity for ditches. The county has the option of being that enforcer. • BWSR is requiring the counties or watershed district to use their model ordinance to enforce the landowner to come in compliance. • The model ordinance drafted by BWSR has the following consequences. o The first six months is $100 per month per parcel. 56