Lawmakers are working to clarify and modify language in Minnesota’s buffer legislation that requires buffers on public waters and drainage ditches.

Rep. Paul Torkelson introduced HF 3000 in the House in March. Last week, the House Environment and Natural Resources Committee discussed it further and offered some amendments. After hearing discussion, the committee approved the amended bill and sent it on to the General Register.

Main points as outlined by Torkelson during the hearing were:

Committees approve buffer law amendments

•Language clarifies the term ‘public waters.’ ‘Public waters’ applies to waters that are already on the public waters inventory. The term ‘benefited area’ has been deleted when referencing public drainage systems.

•The value of land goes back to what it was before a buffer was installed.

•Measurement of buffers follows the existing law of measuring from the top of the crown or bank.

•Alternative conservation practices to installing buffers would include retention ponds and alternative measures to prevent overland flow to the water resource.

•If it reaches the point of noncompliance with the buffer law, the Administrative Penalty Order issued would be capped at $500 for the Board of Soil and Water Resources. Local governments would have either the courts or this fine available to them to ‘encourage’ compliance.

In the Minnesota Senate Environment and Energy Committee, members passed companion bill SF 2503 on March 31. That bill, authored by Sen. Rod Skoe, moved to the Senate Taxation Committee.

Buffers or alternative water quality practices are required by Nov. 1, 2017 for public waters and Nov. 1, 2018 for public drainage systems.