Mn Buffers Program: Overview of 2016 Statute Clarifications Local Government Roundtable Regional Buffer Workshops Dave Weirens, Assistant Director Board of Water and Soil Resources

Buffers: “New Law” in 2015 2015 Legislative Session enacted MS 103F.48 “The Buffer Law”

Purposes of Buffer Law (Minn. Stat. 103F.48) Establish riparian buffers and water quality practices to: protect state water resources from erosion and runoff pollution, stabilize soils, shores, and banks, and protect or provide riparian corridors. January 2015 Governor Dayton announces Buffer Initiative June 2015 Governor Dayton signs bill containing Buffer Initiative language Law requires a 50-foot buffer adjacent to public waters, 16.5-feet (one-rod) adjacent to public drainage ditches Other provisions include: other watercourses, exemptions, alternative practices, technical and financial assistance, and compliance and enforcement

Buffers Program Overview Where are Buffers Required? As shown on the Buffer Protection Map (July 12, 2016) 50 foot average, 30 foot minimum for public waters 16.5 foot minimum for public drainage ditches

Buffers Program Overview Exemptions: Certain areas and land uses are not required to comply with the buffer requirement CRP Water access and recreational use area Covered by road, trail or building Regulated by stormwater permit and has riparian protection Part of a water inundation cropping system Temporary novegetated due to tile install, perennial seeding, or conservation project construction

Buffers Program Overview Alternative Practices: The buffer requirement can be met by adopting other BMPs Only allowed on land being farmed Must provide comparable water quality protection as a buffer Allowable practices must be based on the NRCS Field Operations Technical Guide, including practices that prevent overland flow BWSR Board may add additional practices

Buffers Program Overview Other Waters: Soil and Water Conservation Districts must develop a summary of watercourses for incorporation into local water plans State law does not require buffers on these watercourses Counties and watershed districts must incorporate the summary by July 1, 2018

Buffers Program Overview Technical and financial assistance primarily through SWCDs Compliance and Enforcement through SWCDs, Counties, Watershed Districts and BWSR

Key Dates   July 12, 2016: DNR Buffer Protection Maps completed and available July 1, 2017: SWCDs provide a summary of watercourses to the water management authority November 1, 2017: Buffers required for lands adjacent to public waters November 1, 2018: Buffers required on lands adjacent to public drainage ditches

Buffers: Clarifications in 2016 http://bwsr.state.mn.us/buffers/Buffer_Laws_2016-Chapter%2085.pdf 2016 Legislative Session provided clarifications to the 2015 language. Some Things that Didn’t change Compliance Dates BWSR Authority to Adopt APO County/WD Option to elect Jurisdiction for enforcement FIRST Exemptions Local Implementation (Primarily SWCDs) Some things that were CLARIFIED “What is Jurisdiction” Only 103E Public Ditches (No private ditches) Buffers on Public Ditches Measured as prescribed in 103E Public Waters as identified on Public Waters Inventory Process and timelines for County/WD to elect Jurisdiction Who may withhold funds and who they may be withheld from. CRP Eligibility Riparian Aid Bill HF848 - 2016 Tax Bill https://www.revisor.mn.gov/bills/text.php?number= HF848&type=CCR&version=0&session=ls89&session_ year=2015&session_number=0

Buffers: Clarifications in 2016 Some Things that DIDN’T change Compliance Dates BWSR Authority to Adopt Administrative Penalty Orders County/WD primary option to elect jurisdiction for enforcement Exemptions Local Implementation (Primarily SWCDs) 2016 Legislative Session provided clarifications to the 2015 language. Some Things that Didn’t change Compliance Dates BWSR Authority to Adopt APO County/WD Option to elect Jurisdiction for enforcement FIRST Exemptions Local Implementation (Primarily SWCDs) Some things that were CLARIFIED “What is Jurisdiction” Only 103E Public Ditches (No private ditches) Buffers on Public Ditches Measured as prescribed in 103E Public Waters as identified on Public Waters Inventory Process and timelines for County/WD to elect Jurisdiction Who may withhold funds and who they may be withheld from. CRP Eligibility Riparian Program Aid – in Tax Bill

Buffers: Clarifications in 2016 http://bwsr.state.mn.us/buffers/Buffer_Laws_2016-Chapter%2085.pdf Some things that were CLARIFIED Only 103E Public Ditches (No private ditches) Buffers on Public Ditches measured as in 103E Public Waters as on Public Waters Inventory CRP Eligibility County/watershed district incorporation of “Other Watercourses” into water plan Compensation for buffer installation on public ditches Alternative practices must include measures to prevent overland flow 2016 Legislative Session provided clarifications to the 2015 language. Some Things that Didn’t change Compliance Dates BWSR Authority to Adopt APO County/WD Option to elect Jurisdiction for enforcement FIRST Exemptions Local Implementation (Primarily SWCDs) Some things that were CLARIFIED “What is Jurisdiction” Only 103E Public Ditches (No private ditches) Buffers on Public Ditches Measured as prescribed in 103E Public Waters as identified on Public Waters Inventory Process and timelines for County/WD to elect Jurisdiction Who may withhold funds and who they may be withheld from. CRP Eligibility Riparian Program Aid – in Tax Bill

Buffers: Clarifications in 2016 http://bwsr.state.mn.us/buffers/Buffer_Laws_2016-Chapter%2085.pdf Some things that were CLARIFIED BWSR is required to adopt an Administrative Penalty Order Plan by July 1, 2017 What is “Jurisdiction” Process and timelines for County/WD to elect Jurisdiction Who may withhold funds/who may be withheld from Riparian Program Aid – in Tax Bill 2016 Legislative Session provided clarifications to the 2015 language. Some Things that Didn’t change Compliance Dates BWSR Authority to Adopt APO County/WD Option to elect Jurisdiction for enforcement FIRST Exemptions Local Implementation (Primarily SWCDs) Some things that were CLARIFIED “What is Jurisdiction” Only 103E Public Ditches (No private ditches) Buffers on Public Ditches Measured as prescribed in 103E Public Waters as identified on Public Waters Inventory Process and timelines for County/WD to elect Jurisdiction Who may withhold funds and who they may be withheld from. CRP Eligibility Riparian Program Aid – in Tax Bill

2015 Buffer Law For more information: http://bwsr.state.mn.us/buffers/ http://dnr.state.mn.us/buffers/index.html