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

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

3. 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 Governor Dayton announces Buffer Initiative
June 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

4. 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

5. 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

6. 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

7. 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

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

9. 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

10. Buffers: Clarifications in 2016
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
HF Tax Bill HF848&type=CCR&version=0&session=ls89&session_ year=2015&session_number=0

11. 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

12. Buffers: Clarifications in 2016
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

13. Buffers: Clarifications in 2016
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

14. 2015 Buffer Law For more information: http://bwsr.state.mn.us/buffers/