April 10, 2018
Proposal from BWSR to allow local governments to increase the non-compliance penalties in the buffer law to linear foot unit instead of a parcel unit.
BWSR public comments on APO amendment – There was a last minute addition to the March 28 BWSR board meeting was a resolution to request public comment on a possible amendment to APO plan for Buffer Law implementation. BWSR posted the notice of public comment to their website on April 2 along with the proposed amendment. Comments are due April 16, 2018.
Proposed optional penalty:
- An annual penalty will be assessed based on the total linear feet of riparian frontage on a parcel. The penalty will be due on day one of the 11th month after the noncompliance notice was issued. The penalty may be repeated at the discretion of the county or watershed district. The county or watershed district may select a specific penalty amount within the range shown for the corresponding linear feet of riparian frontage, or include the range in their official controls and select a penalty amount subject to the specific characteristics of each case. The table below will be used by BWSR to evaluate a county’s or watershed district’s APO provisions and consistency with the Plan adopted by BWSR pursuant to Minn. Stat. §103F.48, subd. 7.
- The penalty amount is determined based on the following table: Proposed Amendment to the BWSR APO Plan for Buffer Law Implementation April 2, 2018 Linear feet of Riparian Frontage Penalty amount per Linear foot —
- 0-100 ———$200-$500 penalty per linear foot
- >100-500 —-$50-$200 penalty per linear foot
- >500-1000 —$30-$50 penalty per linear foot
- >1000——– $25-30 penalty per linear foot
- In no instance may the penalty be more than $500 per linear foot of riparian frontage on the parcel.
Visit Minnesota Board of Water & Soil Resources for more detail.