Bill Text: MN HF2539 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Wetland Conservation Act exemption modified for agricultural land subject to federal requirements.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-02-27 - Introduction and first reading, referred to Agriculture and Rural Development Policy and Finance [HF2539 Detail]
Download: Minnesota-2011-HF2539-Introduced.html
1.2relating to natural resources; modifying the exemption from the Wetland
1.3Conservation Act for agricultural land subject to certain federal requirements;
1.4amending Minnesota Statutes 2010, section 103G.2241, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
1.9required for:
1.10 (1) activities in a wetland that was planted with annually seeded crops, was in a crop
1.11rotation seeding of pasture grass or legumes, or was required to be set aside to receive
1.12price support or other payments under United States Code, title 7, sections 1421 to 1469,
1.13in six of the last ten years prior to January 1, 1991;
1.14 (2) activities in a type 1 wetland on agricultural pasture land that remains in the
1.15same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
1.16or type 6 wetland that is less than two acres in size and located on agricultural pasture
1.17land that remains in the same use;
1.18 (3) activities in a wetland conducted as part of normal farming practices. For
1.19purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
1.20and ranching activities such as plowing, seeding, cultivating, and harvesting for the
1.21production of feed, food, and fiber products, but does not include activities that result in
1.22the draining of wetlands;
1.23 (4) soil and water conservation practices approved by the soil and water conservation
1.24district, after review by the Technical Evaluation Panel;
2.1 (5) aquaculture activities including pond excavation and construction and
2.2maintenance of associated access roads and dikes authorized under, and conducted in
2.3accordance with, a permit issued by the United States Army Corps of Engineers under
2.4section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
2.5but not including construction or expansion of buildings;
2.6 (6) wild rice production activities, including necessary diking and other activities
2.7authorized under a permit issued by the United States Army Corps of Engineers under
2.8section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
2.9 (7) agricultural activities on agricultural land that is subject to federal farm program
2.10restrictionsthat meet minimum state standards under this chapter and sections
103A.202
2.11and
103B.3355 and that have been approved by the Board of Water and Soil Resources,
2.12the commissioners of natural resources and agriculture, and the Pollution Control Agency
2.13under United States Code, title 16, section 3821.
1.3Conservation Act for agricultural land subject to certain federal requirements;
1.4amending Minnesota Statutes 2010, section 103G.2241, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
1.9required for:
1.10 (1) activities in a wetland that was planted with annually seeded crops, was in a crop
1.11rotation seeding of pasture grass or legumes, or was required to be set aside to receive
1.12price support or other payments under United States Code, title 7, sections 1421 to 1469,
1.13in six of the last ten years prior to January 1, 1991;
1.14 (2) activities in a type 1 wetland on agricultural pasture land that remains in the
1.15same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
1.16or type 6 wetland that is less than two acres in size and located on agricultural pasture
1.17land that remains in the same use;
1.18 (3) activities in a wetland conducted as part of normal farming practices. For
1.19purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
1.20and ranching activities such as plowing, seeding, cultivating, and harvesting for the
1.21production of feed, food, and fiber products, but does not include activities that result in
1.22the draining of wetlands;
1.23 (4) soil and water conservation practices approved by the soil and water conservation
1.24district, after review by the Technical Evaluation Panel;
2.1 (5) aquaculture activities including pond excavation and construction and
2.2maintenance of associated access roads and dikes authorized under, and conducted in
2.3accordance with, a permit issued by the United States Army Corps of Engineers under
2.4section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
2.5but not including construction or expansion of buildings;
2.6 (6) wild rice production activities, including necessary diking and other activities
2.7authorized under a permit issued by the United States Army Corps of Engineers under
2.8section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
2.9 (7) agricultural activities on agricultural land that is subject to federal farm program
2.10restrictions
2.11
2.12
2.13under United States Code, title 16, section 3821.
