Minnesota Statutes 103G.201 – Public Waters Inventory
(a) The commissioner shall maintain a public waters inventory map of each county that shows the waters of this state that are designated as public waters under the public waters inventory and classification procedures prescribed under Laws 1979, chapter 199, and shall provide access to a copy of the maps. As county public waters inventory maps are revised according to this section, the commissioner shall send a notification or a copy of the maps to the auditor of each affected county.
Terms Used In Minnesota Statutes 103G.201
- Board: means the Board of Water and Soil Resources. See Minnesota Statutes 103G.005
- Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
- Local government unit: means :
(1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a soil and water conservation district or their delegate;
(2) in the seven-county metropolitan area, a city council, a town board under section 368. See Minnesota Statutes 103G.005
- Public waters: means :
(1) water basins assigned a shoreland management classification by the commissioner under sections 103F. See Minnesota Statutes 103G.005
- Public waters wetlands: means all types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. See Minnesota Statutes 103G.005
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Watershed: means the 81 major watershed units delineated by the map, "State of Minnesota Watershed Boundaries - 1979. See Minnesota Statutes 103G.005
- Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 103G.005
(b) The commissioner is authorized to revise the map of public waters established under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify public waters wetlands as public waters if:
(1) they are assigned a shoreland management classification by the commissioner under sections 103F.201 to 103F.221;
(2) they are classified as lacustrine wetlands or deepwater habitats according to Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979 edition); or
(3) the state or federal government has become titleholder to any of the beds or shores of the public waters wetlands, subsequent to the preparation of the public waters inventory map filed with the auditor of the county, pursuant to paragraph (a), and the responsible state or federal agency declares that the water is necessary for the purposes of the public ownership.
(c) The commissioner must provide notice of the reclassification to the local government unit, the county board, the watershed district, if one exists for the area, and the soil and water conservation district. Within 60 days of receiving notice from the commissioner, a party required to receive the notice may provide a resolution stating objections to the reclassification. If the commissioner receives an objection from a party required to receive the notice, the reclassification is not effective. If the commissioner does not receive an objection from a party required to receive the notice, the reclassification of a wetland under paragraph (b) is effective 60 days after the notice is received by all of the parties.
(d) The commissioner shall give priority to the reclassification of public waters wetlands that are or have the potential to be affected by public works projects.
(e) The commissioner may revise the public waters inventory map of each county:
(1) to reflect the changes authorized in paragraph (b); and
(2) as needed, to:
(i) correct errors in the original inventory;
(ii) add or subtract trout stream tributaries within sections that contain a designated trout stream following written notice to the landowner;
(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 50 acres and the shoreland has been zoned for residential development; and
(iv) add or subtract public waters that have been created or eliminated as a requirement of a permit authorized by the commissioner under section 103G.245.