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Minnesota Water Statutes and Rules
Statutes are laws that apply to all citizens and cover a variety of topics. Laws refer to all laws passed by the Legislature, which are subsequently bound in the Sessions Laws of that year. Statutes are a codification of those laws, which are compiled and published every year as Minnesota Statutes. By codifying laws into Minnesota Statutes, the laws are placed into context of statutes that have been on the books in previous years.
Administrative rules are not actually enacted by the Legislature. Rather the legislature gives the state agency or unit the authority to establish its own rules. These administrative rules have the force and effect of law. An agency may adopt a rule only after the Legislature has enacted a law granting this authority to the agency. An agency rule that is adopted under the rulemaking provisions of Minnesota Statutes, chapter 14, has the force and effect of law. Rulemaking in Minnesota: A Guide explains each step of the rulemaking process in Minnesota. (Source: Department of Natural Resources)
Statutes are laws that apply to all citizens and cover a variety of topics. Laws refer to all laws passed by the Legislature, which are subsequently bound in the Sessions Laws of that year. Statutes are a codification of those laws, which are compiled and published every year as Minnesota Statutes. By codifying laws into Minnesota Statutes, the laws are placed into context of statutes that have been on the books in previous years.
Administrative rules are not actually enacted by the Legislature. Rather the legislature gives the state agency or unit the authority to establish its own rules. These administrative rules have the force and effect of law. An agency may adopt a rule only after the Legislature has enacted a law granting this authority to the agency. An agency rule that is adopted under the rulemaking provisions of Minnesota Statutes, chapter 14, has the force and effect of law. Rulemaking in Minnesota: A Guide explains each step of the rulemaking process in Minnesota. (Source: Department of Natural Resources)
Follow the Law
Minnesota Administrative Rule
Zoning Provisions 6120.3300
To manage the effects of shoreland and water surface crowding, to prevent pollution of surface and ground waters of the state, to provide ample space on lots for sewage treatment systems, to minimize flood damages, to maintain property values, to maintain historic values of significant historic sites, and to maintain natural characteristics of shorelands and adjacent water areas, shoreland controls must regulate lot sizes, placement of structures and alterations of shoreland areas.
Subp. 7. Agricultural use standards.
The agricultural use standards for shoreland areas are contained in items A, B, C, and D.
A. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service.
C. Animal feedlots as defined by the Minnesota Pollution Control Agency, where allowed by zoning district designations, must be reviewed as conditional uses and must meet the following standards:
(1) New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins.
(2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
(3) A certificate of compliance, interim permit, or animal feedlot permit, when required by parts 7020.0100 to 7020.1900 , must be obtained by the owner or operator of an animal feedlot.
D. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
Zoning Provisions 6120.3300
To manage the effects of shoreland and water surface crowding, to prevent pollution of surface and ground waters of the state, to provide ample space on lots for sewage treatment systems, to minimize flood damages, to maintain property values, to maintain historic values of significant historic sites, and to maintain natural characteristics of shorelands and adjacent water areas, shoreland controls must regulate lot sizes, placement of structures and alterations of shoreland areas.
Subp. 7. Agricultural use standards.
The agricultural use standards for shoreland areas are contained in items A, B, C, and D.
A. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service.
C. Animal feedlots as defined by the Minnesota Pollution Control Agency, where allowed by zoning district designations, must be reviewed as conditional uses and must meet the following standards:
(1) New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins.
(2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
(3) A certificate of compliance, interim permit, or animal feedlot permit, when required by parts 7020.0100 to 7020.1900 , must be obtained by the owner or operator of an animal feedlot.
D. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
2008 Minnesota Statutes - Water
103E.021 - DITCHES MUST BE PLANTED WITH PERENNIAL VEGETATION
Subdivision 1.Spoil banks must be spread and permanent vegetation established.
In any proceeding to establish, construct, improve, or do any work affecting a public drainage system under any law that appoints viewers to assess benefits and damages, the authority having jurisdiction over the proceeding shall order spoil banks to be spread consistent with the plan and function of the drainage system. The authority shall order that permanent grass, other than a noxious weed, be planted on the ditch side slopes and that a permanent strip of perennial vegetation approved by the drainage authority be established on each side of the ditch. Preference should be given to planting native species of a local ecotype. The approved perennial vegetation shall not impede future maintenance of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge of the constructed channel resulting from the proceeding, or to the crown of the leveled spoil bank, whichever is the greater, except for an action by a drainage authority that results only in a redetermination of benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system rights-of-way for the acreage and additional property required for the permanent strips must be acquired by the authority having jurisdiction.
103E.021 - DITCHES MUST BE PLANTED WITH PERENNIAL VEGETATION
Subdivision 1.Spoil banks must be spread and permanent vegetation established.
In any proceeding to establish, construct, improve, or do any work affecting a public drainage system under any law that appoints viewers to assess benefits and damages, the authority having jurisdiction over the proceeding shall order spoil banks to be spread consistent with the plan and function of the drainage system. The authority shall order that permanent grass, other than a noxious weed, be planted on the ditch side slopes and that a permanent strip of perennial vegetation approved by the drainage authority be established on each side of the ditch. Preference should be given to planting native species of a local ecotype. The approved perennial vegetation shall not impede future maintenance of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge of the constructed channel resulting from the proceeding, or to the crown of the leveled spoil bank, whichever is the greater, except for an action by a drainage authority that results only in a redetermination of benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system rights-of-way for the acreage and additional property required for the permanent strips must be acquired by the authority having jurisdiction.
2008 Minnesota Statutes - Protection of Water Resources
103F.415 - EXCESSIVE SOIL LOSS PROHIBITED
Subdivision 1. Prohibited activities.
A person may not cause, conduct, contract for, or authorize an activity that causes excessive soil loss.
Subd. 2. Agricultural land.
A land occupier of agricultural land is not violating subdivision 1 if the occupier is farming by methods that implement the best practicable conservation practices.
Subd. 3 Woodland.
A land occupier who uses wooded land for pasture must ensure that proper management is used to prevent excessive soil loss due to overgrazing or cattle paths.
103F.415 - EXCESSIVE SOIL LOSS PROHIBITED
Subdivision 1. Prohibited activities.
A person may not cause, conduct, contract for, or authorize an activity that causes excessive soil loss.
Subd. 2. Agricultural land.
A land occupier of agricultural land is not violating subdivision 1 if the occupier is farming by methods that implement the best practicable conservation practices.
Subd. 3 Woodland.
A land occupier who uses wooded land for pasture must ensure that proper management is used to prevent excessive soil loss due to overgrazing or cattle paths.
We forget that the water cycle and the life cycle are one.
- Jacques Cousteau
- Jacques Cousteau
Click here for complete index to the 2008 Minnesota Statutes.
Minnesota Enforceable Provisions Applicable to Nonpoint Source Water Pollution : DISCHARGE PROHIBITIONS
Water Pollution Control Law
Minnesota’s water pollution control law includes some provisions that may be used to take enforcement action against nonpoint
source discharges.
Minnesota has a general statutory provision obligating every person to "notify" the state of the discharge of "any substance or material" that "may cause pollution of the waters" and the discharger to take all reasonable actions to "minimize or abate" the
pollution caused. However, the most explicit discharge limitation on nonpoint sources is found in the state rules, stating, "No sewage, industrial waste or other wastes shall be discharged from either a point or nonpoint source into the waters of the state in such
quantity or in such a manner alone or in combination with other substances as to cause pollution..."Enforcement includes criminal prosecution, civil penalties, injunction, action to compel performance, and any "other appropriate action."
Water Pollution Control Law
Minnesota’s water pollution control law includes some provisions that may be used to take enforcement action against nonpoint
source discharges.
Minnesota has a general statutory provision obligating every person to "notify" the state of the discharge of "any substance or material" that "may cause pollution of the waters" and the discharger to take all reasonable actions to "minimize or abate" the
pollution caused. However, the most explicit discharge limitation on nonpoint sources is found in the state rules, stating, "No sewage, industrial waste or other wastes shall be discharged from either a point or nonpoint source into the waters of the state in such
quantity or in such a manner alone or in combination with other substances as to cause pollution..."Enforcement includes criminal prosecution, civil penalties, injunction, action to compel performance, and any "other appropriate action."
2008 Minnesota Statutes
97A.056 Outdoor Heritage Fund; Lessard Outdoor Heritage Council
Subdivisiion 1. An outdoor heritage fund, under article XI, section 15 of the Minnesota Constitution, is established as an account in the state treasury. All money earned by the outdoor heritage fund must be credited to the fund. At least 99 percent of the money appropriated from the fund must be expended to restore, protect, and enhance wetlands, praires, forests, and habitat for fish, game, and wildlife. About the Council.
97A.056 Outdoor Heritage Fund; Lessard Outdoor Heritage Council
Subdivisiion 1. An outdoor heritage fund, under article XI, section 15 of the Minnesota Constitution, is established as an account in the state treasury. All money earned by the outdoor heritage fund must be credited to the fund. At least 99 percent of the money appropriated from the fund must be expended to restore, protect, and enhance wetlands, praires, forests, and habitat for fish, game, and wildlife. About the Council.
FOLLOW
THE LAW INDEX
THE LAW INDEX
Wisconsin’s Runoff Rules
A Summary Prepared by the Wisconsin Department of Natural Resources Runoff Management Section
A General Overview of Wisconsin’s Nonpoint Source Administrative Rules
Administrative Rules to address the control of polluted runoff from urban and rural land use activities went into effect Oct.1 2002. The 8 rules written by the Wisconsin Department of Natural Resources (DNR) along with one rule promulgated by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) are in response to 1997 Wisconsin Act 27 and 1999 Wisconsin Act 9. These laws required changes to the DNR's nonpoint source water pollution abatement program and to the DATCP soil and water resources management program. The DNR rules described here, along with DATCP's rule ATCP 50 are the products of a multiyear effort involving a diverse advisory committee, state agencies and their local and federal partners and other citizens who participated in the 23 informational meetings and 34 public hearings conducted around the state between 1998 and 2001.
Rules at a Glance
Priority Watershed and Priority Lake Program (NR 120)
Runoff Management (Performance Standards and Prohibitions) (NR 151)
Model Ordinances for Construction Site Erosion Control and Post-Construction Storm Water Management (NR 152)
Targeted Runoff Management Grant Program (NR 153)
Best Management Practices and Cost- Share Conditions (NR 154)
Urban Nonpoint Source Water Pollution Abatement and Storm Water Management Grant Program (NR 155)
Storm Water Discharge Permits (NR 216)
Animal Feeding Operations (NR 243)
` Soil and Water Resource Management Program (ATCP 50)
A Summary Prepared by the Wisconsin Department of Natural Resources Runoff Management Section
A General Overview of Wisconsin’s Nonpoint Source Administrative Rules
Administrative Rules to address the control of polluted runoff from urban and rural land use activities went into effect Oct.1 2002. The 8 rules written by the Wisconsin Department of Natural Resources (DNR) along with one rule promulgated by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) are in response to 1997 Wisconsin Act 27 and 1999 Wisconsin Act 9. These laws required changes to the DNR's nonpoint source water pollution abatement program and to the DATCP soil and water resources management program. The DNR rules described here, along with DATCP's rule ATCP 50 are the products of a multiyear effort involving a diverse advisory committee, state agencies and their local and federal partners and other citizens who participated in the 23 informational meetings and 34 public hearings conducted around the state between 1998 and 2001.
Rules at a Glance
Priority Watershed and Priority Lake Program (NR 120)
Runoff Management (Performance Standards and Prohibitions) (NR 151)
Model Ordinances for Construction Site Erosion Control and Post-Construction Storm Water Management (NR 152)
Targeted Runoff Management Grant Program (NR 153)
Best Management Practices and Cost- Share Conditions (NR 154)
Urban Nonpoint Source Water Pollution Abatement and Storm Water Management Grant Program (NR 155)
Storm Water Discharge Permits (NR 216)
Animal Feeding Operations (NR 243)
` Soil and Water Resource Management Program (ATCP 50)
MINNESOTA DEPARTMENT OF AGRICULTURE Water Protection
More so than any other state, the quality and quantity of water in Minnesota is central to our way of life. It helps define who we are and what we value. Minnesotans place a high value on their water resources. Water provides jobs, drives quality of life, supports fish and wildlife, and is the cornerstone of a $10 billion a year tourism industry. Simply put water quality and quantity are central to our success as a state.Despite their importance, Minnesota waters face increasing pressure from development, pollution, exotic species, and growing demands for drinking water.
How we protect our water resources today will determine whether Minnesota remains prosperous in the future." -- Governor Pawlenty
As a leading agricultural state with more surface waters than any other of the 48 contiguous states and an abundance of clean drinking water, Minnesota is committed to helping farmers, homeowners, and industry protect these water resources.
The Minnesota Department of Agriculture (MDA) is responsible for or involved in many water quality programs and initiatives. These include but are not limited to the following:
Agricultural Best Management Practices* Loan Program. A low interest loan program run by the MDA that helps finance water quality practices.
Minnesota Clean Water Legacy Act. The MDA currently oversees several research and other projects aimed at making cleanup efforts more effective.
Comprehensive Groundwater Protection Act of 1989. The MDA regulates most matters relating to pesticides and fertilizers.
*The Minnesota Department of Agriculture is responsible for the development, promotion and evaluation of voluntary Best Management Practices (BMPs) for pesticide and nitrogen fertilizer use, and provides information on BMPs related to water and soil quality protection. BMPs are practical voluntary practices that are capable of preventing and minimizing degradation of ground water and surface water, considering economic factors, availability, technical feasibility, implementability, effectiveness, and environmental effects.
More so than any other state, the quality and quantity of water in Minnesota is central to our way of life. It helps define who we are and what we value. Minnesotans place a high value on their water resources. Water provides jobs, drives quality of life, supports fish and wildlife, and is the cornerstone of a $10 billion a year tourism industry. Simply put water quality and quantity are central to our success as a state.Despite their importance, Minnesota waters face increasing pressure from development, pollution, exotic species, and growing demands for drinking water.
How we protect our water resources today will determine whether Minnesota remains prosperous in the future." -- Governor Pawlenty
As a leading agricultural state with more surface waters than any other of the 48 contiguous states and an abundance of clean drinking water, Minnesota is committed to helping farmers, homeowners, and industry protect these water resources.
The Minnesota Department of Agriculture (MDA) is responsible for or involved in many water quality programs and initiatives. These include but are not limited to the following:
Agricultural Best Management Practices* Loan Program. A low interest loan program run by the MDA that helps finance water quality practices.
Minnesota Clean Water Legacy Act. The MDA currently oversees several research and other projects aimed at making cleanup efforts more effective.
Comprehensive Groundwater Protection Act of 1989. The MDA regulates most matters relating to pesticides and fertilizers.
*The Minnesota Department of Agriculture is responsible for the development, promotion and evaluation of voluntary Best Management Practices (BMPs) for pesticide and nitrogen fertilizer use, and provides information on BMPs related to water and soil quality protection. BMPs are practical voluntary practices that are capable of preventing and minimizing degradation of ground water and surface water, considering economic factors, availability, technical feasibility, implementability, effectiveness, and environmental effects.
Atrazine Information
"Atrazine is an herbicide used to control weeds in corn. When used properly, the U. S. Environmental Protection Agency (EPA) has determined that its use and appearance in the environment below specified levels will not result in harm to humans or the environment. Those using atrazine must have training and be certified or licensed as a pesticide applicator by the State of Minnesota." -- Minnesota Department of Agriculture (MDA)
The MDA together with the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Health (MDH) have conducted an overview of available information on atrazine to determine the scope of work necessary to conduct a special registration review of atrazine for the State of Minnesota. The agencies are meeting monthly to discuss components of the atrazine technical review. A draft technical review is tentatively scheduled for completion in September, 2009.
Lizabeth Stahl (University of Minnesota Extension) reported (4/27/2009) that atrazine is the third most widely used corn herbicide in Minnesota, and accoring to the MDA was used on 22 % of Minnesota's corn acres in 2007. Restrictions were placed on the use of atrazine after it was detected in ground and surface waters. Following required setback restrictions and voluntary Best Management Practices should help reduce the risk of potential impacts of atrazine on our water resources. -- Lizabeth Stahl is a crops educator with University of Minnesota Extension.
The MDA has developed Best Management Practices (BMPs) for pesticides to protect water resources including both surface water and groundwater. Due to the unique characteristics of Southeast Minnesota, certain BMPs and label requirements are particularly important for use in this part of Minnesota.
Atrazine product labels prohibit the application of atrazine within 66 feet of the point where field surface water runoff enters perennial or intermittent streams or rivers. Atrazine product labels prohibit the application of atrazine within 200 feet around natural or impounded lakes and reservoirs. (Interpretation of atrazine label application setback requirements for Minnesota - MDA (nov. 2008)
"Atrazine is an herbicide used to control weeds in corn. When used properly, the U. S. Environmental Protection Agency (EPA) has determined that its use and appearance in the environment below specified levels will not result in harm to humans or the environment. Those using atrazine must have training and be certified or licensed as a pesticide applicator by the State of Minnesota." -- Minnesota Department of Agriculture (MDA)
The MDA together with the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Health (MDH) have conducted an overview of available information on atrazine to determine the scope of work necessary to conduct a special registration review of atrazine for the State of Minnesota. The agencies are meeting monthly to discuss components of the atrazine technical review. A draft technical review is tentatively scheduled for completion in September, 2009.
Lizabeth Stahl (University of Minnesota Extension) reported (4/27/2009) that atrazine is the third most widely used corn herbicide in Minnesota, and accoring to the MDA was used on 22 % of Minnesota's corn acres in 2007. Restrictions were placed on the use of atrazine after it was detected in ground and surface waters. Following required setback restrictions and voluntary Best Management Practices should help reduce the risk of potential impacts of atrazine on our water resources. -- Lizabeth Stahl is a crops educator with University of Minnesota Extension.
The MDA has developed Best Management Practices (BMPs) for pesticides to protect water resources including both surface water and groundwater. Due to the unique characteristics of Southeast Minnesota, certain BMPs and label requirements are particularly important for use in this part of Minnesota.
Atrazine product labels prohibit the application of atrazine within 66 feet of the point where field surface water runoff enters perennial or intermittent streams or rivers. Atrazine product labels prohibit the application of atrazine within 200 feet around natural or impounded lakes and reservoirs. (Interpretation of atrazine label application setback requirements for Minnesota - MDA (nov. 2008)