Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 264-H.F.No. 1256
           An act elating to natural resources; altering certain 
          provisions regarding water permit and annual water 
          appropriation processing fees; amending Minnesota 
          Statutes 1984, sections 104.03, by adding a 
          subdivision; 105.41, subdivision 5; and 105.44, 
          subdivision 10. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 104.03, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [AMUSEMENT PARKS IN FLOOD PLAINS.] Amusement 
parks that exist before a flood plain is delineated under 
section 104.03 are exempt from the requirements of sections 
104.03 to 104.07 if the amusement park continues to be used as 
an amusement park within the amusement park boundaries.  
Notwithstanding any other law, the state is not liable for any 
damage from flooding to an amusement park operating in a flood 
plain under this subdivision. 
    Sec. 2.  Minnesota Statutes 1984, section 105.41, 
subdivision 5, is amended to read: 
    Subd. 5.  Records of the amount of water appropriated or 
used shall be recorded for each such installation and such 
readings and the total amount of water appropriated shall be 
reported annually to the commissioner of natural resources on or 
before February 15 of the following year upon forms to be 
supplied by the commissioner. 
    The records shall be submitted with an annual water 
appropriation processing fee in the amount established in 
accordance with the following schedule of fees for each water 
appropriation permit in force at any time during the year:  (a) 
irrigation permits, $10 $15 for each the first permitted 40 
160 acres or portion thereof, and $25 for each additional 
permitted 160 acres or portion thereof; (b) for nonirrigation 
permits, $5 for each ten million gallons or portion thereof 
permitted each year, but not to.  However, in no case shall the 
fee exceed a total fee of $250 $500 per permit.  The fee is 
payable regardless of the amount of water apppropriated during 
the year. Failure to pay the fee is sufficient cause for 
revoking a permit.  No fee may be imposed on any state agency, 
as defined in section 16B.01, or federal governmental agency 
holding a water appropriation permit. 
    Sec. 3.  Minnesota Statutes 1984, section 105.44, 
subdivision 10, is amended to read: 
    Subd. 10.  [PERMIT FEES.] Each application for a permit 
authorized by sections 105.37 to 105.64, and each request to 
amend or transfer an existing permit, shall be accompanied by a 
permit application fee in the amount of $30 to defray the costs 
of receiving, recording, and processing the application or 
request to amend or transfer.  The commissioner may charge an 
additional permit application fee in excess of the fee specified 
above, but not to exceed $250 for each application, in 
accordance with a schedule of fees adopted by rules promulgated 
in the manner provided by section 16A.128, which fee schedule 
shall be based upon the project's costs and the complexity of 
the permit applied for. 
    For projects requiring a mandatory environmental assessment 
pursuant to chapter 116D, projects undertaken without a permit 
or application as required by sections 105.37 to 105.64, and 
projects undertaken in excess of limitations established in an 
issued permit, the commissioner may charge an additional field 
inspection fee of not less than $25 nor more than $750 to cover 
actual costs for each permit applied for under sections 105.37 
to 105.64 and for each project undertaken without proper 
authorization.  The commissioner shall establish pursuant to 
rules adopted in the manner provided by section 16A.128, a 
schedule for field inspection fees which shall include actual 
costs related to field inspection such as investigations of the 
area affected by the proposed activity, analysis of the proposed 
activity, consultant services, and subsequent monitoring, if 
any, of the activity authorized by the permit. 
    Except as provided below, the commissioner may not issue a 
permit until all fees required by this section relating to the 
issuance of a permit have been paid.  The time limits prescribed 
by subdivision 4, do not apply to an application for which the 
appropriate fee has not been paid.  Field inspection fees 
relating to monitoring of an activity authorized by a permit may 
be charged and collected as necessary at any time after the 
issuance of the permit.  No permit application or field 
inspection fee may be refunded for any reason, even if the 
application is denied or withdrawn.  No permit application or 
field inspection fee may be imposed on any state agency, as 
defined in section 16B.01, or federal governmental agency 
applying for a permit. 
    Approved May 30, 1985