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103G.2372.1(b)

Statute ID: 16581

Statute Function ID: 34894

Order or Separate Order May Require Restoration or Replacement of the Wetland or Public Water

In Effect

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Statute Number:

103G.2372.1(b)

Enactment Date:

May 30, 2017

Effective Date:

Jul 1, 2017

Expiration Date:

Repealed?:

Summary Text:

Order or Separate Order May Require Restoration or Replacement of the Wetland or Public Water

Statute ID:

16581

Created:

Jun 14, 2017 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 14, 2017 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2017 c 93 art 2 s 115; New (c) and (d)

Summary Text:

Order or Separate Order May Require Restoration or Replacement of the Wetland or Public Water

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/103G/2372.html

Legislative Session:

2017 - Regular

Session Law Text?:

Statute text last updated on:

Jun 14, 2017

(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 conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters. Restoration or replacement orders may be recorded or filed in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located by the commissioner of natural resources, conservation officers, or peace officers as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any document filed under this section.

(c) If a court has ruled that there has not been a violation of the restoration or replacement order, an order may not be recorded or filed under this section.

(d) The commissioner must remove a deed restriction filed or recorded under this section on homesteaded property if the owner requests that it be removed and a court has found that the owner of the property is not guilty or that there has not been a violation of the restoration or replacement order. Within 30 days of receiving the request for removal from the owner, the commissioner must contact, in writing, the office of the county recorder or registrar of titles where the order is recorded or filed, along with all applicable fees, and have the order removed. Within 30 days of receiving notification from the office of the county recorder or registrar of titles that the order has been removed, the commissioner must inform the owner that the order has been removed and provide the owner with a copy of any documentation provided by the office of the county recorder or registrar of titles.