HF 1019

  1.1                          A bill for an act 
  1.2             relating to drainage; extending grass bank buffer zone 
  1.3             requirement for ditches; amending Minnesota Statutes 
  1.4             2004, section 103E.021, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2004, section 103E.021, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [SPOIL BANKS MUST BE SPREAD AND GRASS 
  1.9   PLANTED.] In any proceeding to establish, construct, improve, or 
  1.10  do any work affecting a public drainage system under any law 
  1.11  that appoints viewers to assess benefits and damages, the 
  1.12  authority having jurisdiction over the proceeding shall order 
  1.13  spoil banks to be spread consistent with the plan and function 
  1.14  of the drainage system.  The authority shall order that 
  1.15  permanent grass, other than a noxious weed, be planted on the 
  1.16  banks and on a strip at least 16-1/2 feet in width or to from 
  1.17  the crown of the leveled spoil bank, whichever is the greater, 
  1.18  on each side of the top edge of the channel of the ditch.  The 
  1.19  16-1/2 foot permanent grass strip must be measured from the 
  1.20  crown of the leveled spoil bank away from the ditch slope.  The 
  1.21  authority may consider that more permanent grass buffer may be 
  1.22  needed for additional protection and function of the drainage 
  1.23  ditch.  The acreage and additional property required for the 
  1.24  planting must be acquired by the authority having jurisdiction.