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Minn. Stat. § 103G.231

PROPERTY OWNER'S USE OF PUBLIC WATERS WETLANDS.

Applied in 2 court decisions — leading case U.S. Army Corps of Eng'rs v. Hawkes Co. (2016)

Most recently applied in U.S. Army Corps of Eng'rs v. Hawkes Co. (May 2016)

1990 c 391 art 7 s 19; 1991 c 354 art 6 s 13; art 8 s 3

Subdivision 1. Agricultural use during drought.

A property owner may use the bed of public waters wetlands for pasture or cropland during periods of drought if:

(1) dikes, ditches, tile lines, or buildings are not constructed; and

(2) the agricultural use does not result in the drainage of the public waters wetlands.

Subd. 2. Filling for irrigation booms.

A landowner may fill a public waters wetland to accommodate wheeled booms on irrigation devices if the fill does not impede normal drainage.

Subd. 3. Peat mining.

Peat mining, as defined in section 93.461 , is permitted subject to the mine permit and reclamation requirements of sections 93.44 to 93.51 , and the rules adopted under those restrictions, except as provided for in sections 84.035 and 84.036 .

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.