Less than a week after proposing an amendment to the state’s buffer law administrative penalty order (APO) that would have given counties another option to achieve compliance, the executive director of the Minnesota Board of Water and Soil Resources said he expects the proposal to be rejected at a board committee meeting on Thursday.

John Jaschke, BWSR executive director, said Tuesday that the agency “clearly miscommunicated on the whole thing” when it published a notice April 2 in the state register seeking feedback on the proposed amendment. Farm groups picked up on the proposal and started providing plenty of feedback to BWSR.

Hitting a major nerve with farm groups was the fact that the proposed penalty was based on total riparian frontage on the parcel, not linear feet of frontage that would have been out of compliance. The Minnesota Soybean Growers Association said a farmer with a violation, depending on the footage, could receive a maximum annual penalty up to $50,000. MSGA and Minnesota Corn Growers called the proposal concerning and excessive, and both said they would oppose it.

“The intent of the proposed additional administrative penalty order was to give local governments more options, “Jaschke said. However, after hearing concerns from farmers, he realized BWSR acted in haste and did not consult with stakeholders.

“We also did not consult with or inform the governor of our proposal,” Jaschke said in a press release.

On Tuesday, Gov. Mark Dayton also voiced displeasure with BWSR’s proposed amendment. In a letter to BWSR, Dayton called the amendment and proposed fines shocking and unreasonable. He urged BWSR to reconsider its proposed APO.

Next time, Jaschke said, BWSR will reach out and communicate formally and informally with local governments, farm groups, farmers and the farm media.

Jaschke also pointed out that Minnesota is 98% compliant with the law for buffers on public waters, is on track for compliance with public ditches this November, and that 73 of 87 counties have elected to have jurisdiction in handling the buffer law.