BUFFER LAW ENFORCEMENT County Board Decision - June 20, 2017

MN Buffer Law Minnesota Buffer Law requires a continuous vegetation buffer November 1, 2017 Buffer law goes into effect for PUBLIC WATERS (rivers, streams, lakes/basins) which are classified by the DNR as having protected shoreland Buffer of 50-foot average and 30-foot minimum UPDATED LEGISLATION (2017): A waiver will be granted until July 1, 2018 to landowners that filed for a parcel-specific riparian protection compliance plan with the SWCD by November 1, 2017. November 1, 2018 Buffer law goes into effect for PUBLIC DITCHES Buffer of 16.5 foot minimum SWCD required to review and determine compliance every 5 years Note difference between public waters and public ditches. Also, note that not all public waters are rivers or streams and that some are basins (lakes).

Known Status of Buffers (May 31, 2017) Public Waters (9,899 parcels) 96.7% compliant (9,573 parcels) 2.2% currently without adequate buffer (217 parcels) 1.1 % need review (by DNR and/or SWCD) (108 parcels) If the County Board elects enforcement jurisdiction, it would include all the Public Waters parcels.  Public Waters within: PW Parcels Non-Compliant North Fork/Crow R WD 1,272 45 Sauk River WD 5,101 136 Stearns Co (including Middle Fork Crow R) 2,896 23 Clearwater River WD 630 13 Note: compliance numbers do not include public ditches (in North Fork or Sauk) for which the county is not the drainage authority.

Known Status of Buffers (May 31, 2017) Public Ditches (1,137 parcels) – Deadline is November 1, 2018 The North Fork of the Crow River and Sauk River watershed districts are actively working towards compensation of the 16.5-ft buffer on all public ditches under their drainage authority by the deadline.   Ditch Parcels TOTAL 1,137 North Fork/Crow R WD* 336 Sauk River WD* 317 Stearns Co (including Middle Fork Crow R) 484 (18 non-compliant) Clearwater River WD Note: compliance numbers do not include public ditches (in North Fork or Sauk) for which the county is not the drainage authority.

County Election of Jurisdiction for Enforcement The County may delegate the enforcement authority to a City (within their boundaries – regardless of shoreland jurisdiction) or the SWCD.

Watershed Election of Jurisdiction for Enforcement

Enforcement Option Matrix

Buffer Enforcement Funding (2017) Funding estimates in this table are based on entity with 1st option of enforcement Funding formula in statute is only based on centerline miles (PW and public ditches) – public water basins were left out of the formula. DNR certifies the miles. These are estimates. WD (NR or Sauk) interest in PW is unknown.

Administrative Penalty Orders (APO) BWSR must adopt an APO plan by July 1, 2017 If County chooses to enforce the ordinance or APO must be approved by BWSR BWSR-issued APOs are $100/month (initial violation) or $500/day (repeat violation) The County or Watershed District may charge a different BWSR-approved fee amount APO penalties are remitted to the entity that issued it

Enforcement Jurisdiction – Pros & Cons Pros of Enforcement Local control of the enforcement process (and more enforcement tool options) Local control and public input on the county’s ordinance adoption (fee structure) Local knowledge of and rapport with landowners (SWCD, WD, & County) Cons of Enforcement Uncertainty of actual costs of enforcement / administration Additional responsibility / non-mandated program for County Loss of Natural Resource Block Grant funding if enforcement is not carried out as required Additional Consideration Determining how to distribute the Riparian Protection Aid within the County Delegation of enforcement to cities and/or the SWCD Lack of case law Addl: naming a contact / department to BWSR

Timeline Summary June 28, 2017 – County deadline to notify BWSR of election of jurisdiction for enforcement for FY2018 funding allocation. July 1, 2017 – Deadline for BWSR Administrative Penalty Order (APO) November 1, 2017 – Deadline for buffer compliance on all public waters (rivers, streams, lakes classified by DNR as protected shoreland) – unless the landowner was granted a waiver by the SWCD (per 2017 legislation). November 1, 2017 – County ordinance or rule must be in effect (if handling enforcement). November 1, 2018 – Deadline for 16.5’ buffer compliance on all public ditches.