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S.F. No. 3410 - Drainage Buffer Strip Implementation
 
Author: Senator Bill Weber
 
Prepared By: Greg Knopff, Senate Analyst (651/296-9399)
 
Date: March 19, 2018



 

SF 3410 is a Drainage Workgroup Bill that is in response to a request by the Legislature in Laws 2017, chapter 93, article 1, section 4, paragraph (h), to evaluate and make recommendations to accelerate drainage system acquisition and establishment of ditch buffer strips.

Section 1 [Agriculture Best Management Practices loan program] amends the purposes of the agriculture best management practices (AgBMP) loan program to include all environmental service providers.

Section 2 [AgBMP loan program definitions] modifies AgBMP loan program definitions to clearly allow eligibility for all environmental service providers that may include drainage authorities on behalf of the benefited landowners.

Section 3 [AgBMP loans issued to borrowers] allows environmental service providers to request loans up to $200,000 multiplied by the number of landowners involved in the project.

Section 4 [Incremental establishment of vegetated ditch buffer strips and side inlet controls] clarifies that drainage authorities findings that the establishment of vegetated ditch buffer strips and side inlet controls is necessary to control erosion and sedimentation, improve water quality, or maintain efficiency is sufficient to confer jurisdiction by the drainage authority.

Section 5 [Drainage authority attorney] clarifies that a drainage authority may use an outside attorney, as provided for county boards under current law.

Section 6 [Conditions for redetermination of benefits and damages] allows more than 26 percent of the owners of property or owners of 26 percent of the property benefited or damaged by a drainage system to petition for a redetermination of benefits and damages.  The drainage authority will retain their discretion in conducting the redetermination of benefits and damages.  Current law only allows for a petition by over 50 percent of the landowners to petition for corrections for errors made at the time of drainage system establishment.  Note that a petition for drainage system improvement requires greater than 26 percent.

Section 7 [Drainage buffer strip planting without acquisition and compensation] allows a drainage authority to install buffer strips, with the consent of the landowner, along a drainage ditch without acquiring rights and compensating the landowner. This section sunsets on June 30, 2019.

 
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