Title Minnesota Statutes, Minnesota Statutes

103G.111 REPRESENTING STATE IN WATER ISSUES. § Subdivision 1.Commissioner; federal water issues. The commissioner may appear, represent, and act for the state in any matter relating to an application to be made to the federal government relating to waters of the state or their us…

103G.115 ENJOINING WATER-FLOW INTERFERENCE OUTSIDE STATE. If a person, firm, association, corporation, or a state or political subdivision, agency, or commission of a state disturbs, obstructs, or interferes with the natural flow or condition of public waters beyond the boundarie…

103G.121 COMMISSIONER'S AUTHORITY TO INVESTIGATE AND CONSTRUCT PROJECTS. § Subdivision 1.Surveys and investigations. The commissioner may conduct surveys, investigations, and studies, and prepare maps of the waters of the state and topography of the state to implement this chapte…

103G.125 DIRECTOR'S AUTHORITY. § Subdivision 1.Cooperation with government agencies. The director shall cooperate with agencies and departments of the state and federal government relating to projects affecting waters of the state and shall make recommendations to the agencies in…

103G.127 PERMIT PROGRAM UNDER SECTION 404 OF FEDERAL CLEAN WATER ACT. Notwithstanding any other law to the contrary, the commissioner, with the concurrence of the Board of Water and Soil Resources and the commissioner of agriculture, may adopt rules establishing a permit program …

103G.131 VENUE OF CERTAIN ACTIONS. § Subdivision 1.Water located in one county. Notwithstanding any other law to the contrary, an action for declaratory judgment that is brought under chapter 555 by or against the commissioner must be venued in the county where the water, waterco…

103G.134 ORDERS AND INVESTIGATIONS. The commissioner has the following powers and duties when acting pursuant to the enforcement provisions of this chapter: (1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders, schedules of compliance, and …

103G.135 ENFORCING COMMISSIONER'S ORDERS. Upon application of the commissioner, the district court of a county where a project is entirely or partially located may by injunction enforce compliance with, or restrain the violation of, an order of the commissioner made under this ch…

103G.141 PENALTIES. § Subdivision 1.Misdemeanors. Except as provided in subdivision 2, a person is guilty of a misdemeanor who: (1) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the st…

103G.145 APPLICATION. Nothing in this chapter supersedes or amends section 92.45. History: 1990 c 391 art 7 s 12

103G.146 DUTY OF CANDOR. (a) A person must not knowingly: (1) make a false statement of fact or fail to correct a false statement of material fact regarding any matter pertaining to this chapter; (2) fail to disclose information that the person knows is necessary for the commissi…

103G.201 PUBLIC WATERS INVENTORY. (a) The commissioner shall maintain a public waters inventory map of each county that shows the waters of this state that are designated as public waters under the public waters inventory and classification procedures prescribed under Laws 1979, …

103G.205 EFFECT OF PUBLIC WATERS DESIGNATION. The designation of waters of this state as public waters does not: (1) grant the public additional or greater right of access to the waters; (2) diminish the right of ownership or usage of the beds underlying the designated public wat…

103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT REPLACEMENT. Except as provided in sections 103G.221 to 103G.235, public waters may not be drained, and a permit authorizing drainage of public waters may not be issued, unless the public waters to be drained are replaced by publ…

103G.215 AGRICULTURAL USE OF PUBLIC WATERS DURING DROUGHT. A property owner may use the bed of public waters for pasture or cropland during periods of drought if: (1) dikes, ditches, tile lines, or buildings are not constructed; and (2) the agricultural use does not result in the…

103G.216 REPORTING FISH KILLS IN PUBLIC WATERS. § Subdivision 1.Definition. For the purposes of this section and section 103G.2165, "fish kill" means an incident resulting in the death of 25 or more fish within one linear mile of a flowing water or 25 or more fish within a square…

103G.2165 DEVELOPMENT OF FISH KILL RESPONSE PROTOCOL. § Subdivision 1.Development of protocol. By June 30, 2024, the commissioners of agriculture, health, and natural resources and the commissioner of the Pollution Control Agency must update the fish kill response guidance by dev…

103G.217 DRIFTLESS AREA; WATER RESOURCES. (a) Groundwater discharge from natural springs and seepage areas in the driftless area of Minnesota, corresponding to the area of the state contained within the boundaries of the Department of Natural Resources Paleozoic plateau ecologica…

103G.221 DRAINING PUBLIC WATERS WETLANDS. § Subdivision 1.Draining public waters wetlands prohibited without replacement. Public waters wetlands may not be drained, and a permit authorizing drainage of public waters wetlands may not be issued, unless the public waters wetlands to…

103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS OR FILLS WETLANDS. § Subdivision 1.Conditions to drain or fill wetlands. An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has: (1) obtained a signed statement …

103G.222 REPLACEMENT OF WETLANDS. § Subdivision 1.Requirements. (a) Wetlands must not be drained or filled, wholly or partially, unless replaced by actions that provide at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement p…

103G.223 CALCAREOUS FENS. (a) Calcareous fens, as identified by the commissioner by written order published in the State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by any activity, unless the commissioner, under an approved management plan, …

103G.2241 EXEMPTIONS. § Subdivision 1.Agricultural activities. A replacement plan for wetlands is not required for: (1) impacts to wetlands on agricultural land labeled prior-converted cropland and impacts to wetlands resulting from drainage maintenance activities authorized by t…

103G.2242 WETLAND VALUE REPLACEMENT PLANS. § Subdivision 1.Rules. (a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands u…

103G.2243 LOCAL COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLANS. § Subdivision 1.General requirements; notice and participation. (a) As an alternative to the rules adopted under section 103G.2242, subdivision 1, and the public value criteria established or approved under se…

103G.2244 WETLAND CREATION OR RESTORATION WITHIN PIPELINE EASEMENT. A person proposing to create or restore a wetland within the easement of a pipeline as defined in section 299J.02, subdivision 11, shall first notify the easement holder and the director of the Office of Pipeline…

103G.225 STATE WETLANDS AND PUBLIC DRAINAGE SYSTEMS. If the state owns public waters wetlands on or adjacent to existing public drainage systems, the state shall consider the use of the public waters wetlands as part of the drainage system. If the public waters wetlands interfere…

103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT. In greater than 80 percent areas, preservation of wetlands, riparian buffers, and watershed areas essential to maintaining important functions and sustainability of aquatic resources in the watershed that are protected …

103G.231 PROPERTY OWNER'S USE OF PUBLIC WATERS WETLANDS. § Subdivision 1.Agricultural use during drought. A property owner may use the bed of public waters wetlands for pasture or cropland during periods of drought if: (1) dikes, ditches, tile lines, or buildings are not construc…

103G.235 RESTRICTIONS ON ACCESS TO WETLANDS. § Subdivision 1.Wetlands adjacent to roads. To protect the public health or safety, local units of government may by ordinance restrict public access to public waters wetlands from municipality, county, or township roads that abut publ…

103G.2364 PROPERTY OWNER'S USE OF WETLANDS. (a) A property owner may use the bed of wetlands for pasture or cropland during periods of drought if: (1) dikes, ditches, tile lines, or buildings are not constructed; and (2) the agricultural use does not result in the drainage of the…

103G.2365 CONTROLLING NOXIOUS WEEDS. Noxious weeds, as defined in section 18.77, subdivision 8, must be controlled on wetlands as required in section 18.78. History: 1991 c 354 art 6 s 16; 1995 c 186 s 30

103G.237 COMPENSATION FOR LOSS OF PRIVATE USE. § Subdivision 1.General. A person whose replacement plan is not approved must be compensated as provided in this section. The person may drain or fill the wetland without an approved replacement plan if the person: (1) is eligible fo…

103G.2372 ENFORCEMENT. § Subdivision 1.Authority; orders. (a) The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting groundwater quantity, wetlands, and public waters. The commissioner of natural resources, a …

103G.2374 ELECTRONIC TRANSMISSION. For purposes of sections 103G.2212 to 103G.2372, notices and other documents may be sent by electronic transmission unless the recipient has provided a mailing address and specified that mailing is preferred. History: 2011 c 107 s 75

103G.2375 ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN WATER ACT. Notwithstanding any other law to the contrary, the Board of Water and Soil Resources, in consultation with the commissioners of natural resources, agriculture, and the Pollution Control Agency, may adopt or amend rul…

103G.241 CONTRACTOR'S RESPONSIBILITY WHEN WORK AFFECTS PUBLIC WATERS. § Subdivision 1.Conditions to affect public waters. An agent or employee of another may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway obstruction on a public water or in …

103G.245 WORK IN PUBLIC WATERS. § Subdivision 1.Permit requirement. Except as provided in subdivisions 2, 11, and 12, the state, a political subdivision of the state, a public or private corporation, or a person must have a public-waters-work permit to: (1) construct, reconstruct…

103G.251 INVESTIGATING ACTIVITIES AFFECTING WATERS OF THE STATE. § Subdivision 1.Investigations. If the commissioner determines that an investigation is in the public interest, the commissioner may investigate and monitor activities being conducted with or without a permit that m…

103G.255 ALLOCATING AND CONTROLLING WATERS OF THE STATE. The commissioner shall administer: (1) the use, allocation, and control of waters of the state; (2) the establishment, maintenance, and control of lake levels and water storage reservoirs; and (3) the determination of the o…

103G.261 WATER ALLOCATION PRIORITIES. (a) The commissioner shall adopt rules for allocation of waters based on the following priorities for the consumptive appropriation and use of water: (1) first priority, domestic water supply, excluding industrial and commercial uses of munic…

103G.265 WATER SUPPLY; MANAGEMENT. § Subdivision 1.Assurance of supply. The commissioner shall develop and manage water resources to assure an adequate supply to meet long-range seasonal requirements for domestic, municipal, industrial, agricultural, fish and wildlife, recreation…

103G.27 WATER MANAGEMENT ACCOUNT. § Subdivision 1.Account established; sources. The water management account is created in the natural resources fund in the state treasury. Revenues collected from permit application fees, water use fees, field inspection fees, penalties, and othe…

103G.271 APPROPRIATION AND USE OF WATERS. § Subdivision 1.Permit required. (a) Except as provided in paragraph (b), the state, a person, partnership, or association, private or public corporation, county, municipality, or other political subdivision of the state may not appropria…

103G.275 INSTALLATION FOR WATER USE. § Subdivision 1.Permit required. The owner of an installation for appropriating or using waters of the state may not increase the pumping capacity or make any major change in the installation without first applying in writing for, and obtainin…

103G.281 WATER USE PROHIBITED WITHOUT MEASURING QUANTITIES. § Subdivision 1.Measuring and records required. The state, a political subdivision of the state, a person, partnership, public or private corporation, or association may not appropriate or use waters of the state without…