Buffer Law

In June 2015, Governor Dayton signed into law a buffer initiative aimed at enhancing protection of Minnesota’s waters.  

What is required?

• An average of 50 feet on public waters.
• A minimum of 16.5 feet on public ditches.

When did this take effect?

• November 1, 2017 - public waters deadline.
• November 1, 2018 - public ditches deadline.

Enforcement

• Provisions in Minnesota Statute 103F.48 (Buffer Law) allow Faribault and other counties to affirm jurisdiction to carry out compliance provisions regarding riparian vegetated buffers and alternative water quality practices for those waterbodies identified on the Department of Natural Resources’ Buffer Protection Map. 
• Faribault County will enforce corrective actions over noncompliant sites through a coordinated approach under the authority granted in Minnesota Statute 103B.101, subd. 12a, the Buffer Law or other authority granted by statute.
• Faribault County Drainage Department will carry out corrective actions on a parcel basis to ensure compliance with the buffer requirements, which may include an Administrative Penalty Order (APO) plan under the authority provided in Minnesota Statutes 103B.101, subd. 12a and 103F.48.

Resources

• Buffer Compliance Map & Reporter
• Buffer Ordinance, Section 38 Faribault County Zoning Ordinance (Adopted 10/17/2017)
• Minnesota Statute 103F.48 (Buffer Law)
• MN Buffer Law (Board of Water and Soil Resources)