| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to natural resources; modifying provisions and requiring definition for |
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| 3 | 3 | | 1.3 calcareous fens; requiring rulemaking; requiring a report; amending Minnesota |
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| 4 | 4 | | 1.4 Statutes 2024, section 103G.223. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 103G.223, is amended to read: |
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| 7 | 7 | | 1.7 103G.223 CALCAREOUS FENS. |
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| 8 | 8 | | 1.8 (a) Calcareous fens, as identified by the commissioner by written order published in the |
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| 9 | 9 | | 1.9State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by |
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| 10 | 10 | | 1.10any activity, unless the commissioner, under an approved management plan, decides some |
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| 11 | 11 | | 1.11alteration is necessary or as provided in paragraph (b). Identifications made by the |
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| 12 | 12 | | 1.12commissioner are not subject to the rulemaking provisions of chapter 14, and section 14.386 |
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| 13 | 13 | | 1.13does not apply. |
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| 14 | 14 | | 1.14 (b) The commissioner may allow water appropriations that result in temporary reductions |
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| 15 | 15 | | 1.15in groundwater resources on a seasonal basis under an approved calcareous fen management |
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| 16 | 16 | | 1.16plan. |
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| 17 | 17 | | 1.17 (c) The commissioner may not deny a permit or prohibit an action based on its potential |
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| 18 | 18 | | 1.18effect on a calcareous fen unless the commissioner first provides the applicant with a report |
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| 19 | 19 | | 1.19on the calcareous fen potentially affected. A report under this paragraph must include a |
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| 20 | 20 | | 1.20detailed description of the calcareous fen, an explanation of the ecological benefits provided |
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| 21 | 21 | | 1.21by that specific calcareous fen, and a description of the adverse effects the commissioner |
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| 22 | 22 | | 1.22believes would result if the permit or approval were granted. |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR CKM/LJ 25-0258001/27/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 1592 |
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| 30 | 30 | | NINETY-FOURTH SESSION 2.1 Sec. 2. CALCAREOUS FEN DEFINITION; RULEMAKING. |
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| 31 | 31 | | 2.2 The commissioner of natural resources must adopt rules defining a calcareous fen. |
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| 32 | 32 | | 2.3 Sec. 3. REPORT ON ECOLOGICAL BENEFITS OF CALCAREOUS FENS. |
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| 33 | 33 | | 2.4 By December 1, 2025, the commissioner of natural resources must submit a report on |
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| 34 | 34 | | 2.5calcareous fens to the chairs and ranking minority members of the legislative committees |
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| 35 | 35 | | 2.6with primary jurisdiction over environment policy that includes: |
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| 36 | 36 | | 2.7 (1) the commissioner's proposed definition of a calcareous fen and a detailed scientific |
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| 37 | 37 | | 2.8rationale for how the proposed definition is preferable to alternative definitions; |
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| 38 | 38 | | 2.9 (2) a detailed scientific explanation of the ecological benefits of calcareous fens and |
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| 39 | 39 | | 2.10how those benefits compare to the benefits provided by other types of wetlands; and |
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| 40 | 40 | | 2.11 (3) summary information about permit denials under Minnesota Statutes, section |
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| 41 | 41 | | 2.12103G.223, during the previous ten years. |
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| 42 | 42 | | 2Sec. 3. |
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| 43 | 43 | | REVISOR CKM/LJ 25-0258001/27/25 |
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