Minnesota Statutes 103G.413 – Appeal of Order Establishing Ordinary High-Water Level
Subdivision 1.Petition.
A local unit of government may petition for review of the ordinary high-water level. A petition may be filed on behalf of the local unit of government or riparian landowner affected by the ordinary high-water level. The petition must be filed by the local unit of government and include reasons why the determination should be reviewed and evidence to be considered as part of the review.
Subd. 2.Review.
Terms Used In Minnesota Statutes 103G.413
- Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ordinary high-water level: means the boundary of water basins, watercourses, public waters, and public waters wetlands, and:
(1) the ordinary high-water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel; and
(3) for reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool. See Minnesota Statutes 103G.005
Terms Used In Minnesota Statutes 103G.413
- Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ordinary high-water level: means the boundary of water basins, watercourses, public waters, and public waters wetlands, and:
(1) the ordinary high-water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel; and
(3) for reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool. See Minnesota Statutes 103G.005
If a local unit of government files a petition under this section, the commissioner must review the petition within 90 days of the request and issue a final order. The commissioner may extend this period by 90 days by providing written notice of the extension to the applicant. Any further extension requires the agreement of the petitioner.