Big bump in buffer penalties could be coming under bill that clears environment committee

Passed in 2015, Minnesota’s buffer law requiring perennial vegetation in lands bordering water was called Gov. Mark Dayton’s signature clean water legislation.

It’s undergone a few tweaks since its first iteration and could see another this year to beef up penalties. Wednesday, the House Environment and Natural Resources Finance and Policy Committee approved a bill that would increase the maximum penalty for violating the law from $500 to $10,000.

Following the 9-6 party-line vote, HF3874 next goes to the House Judiciary Finance and Civil Law Committee.

Sponsored by Rep. Rick Hansen (DFL-South St. Paul), the bill would bring maximum penalties into alignment with those assessed for violations of the Wetland Conservation Act. Penalties would be consequential, rather than simply the cost of doing business, he said.

Rep. Rick Hansen

Penalties could be forgiven with sufficient steps to bring a property in compliance.

Minnesota’s buffer law, per the Board of Water and Soil Resources: “requires perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches.”

Buffers help reduce sediment, fertilizers and other chemicals from entering the water and have been shown to improve water quality and wildlife habitat.

Opponents of the bill say a 20-fold increase in penalties for violating the buffer law is excessive, especially since it could be applied to first-time offenders. Moreover, because there is more than a 95% compliance with the law, penalty increases are unnecessary. 

“It is clear that small farmers take seriously their obligations as stewards of the land,” wrote John Reynolds, Minnesota state director of the National Federation of Independent Business. “We believe the harshest penalties should be reserved for repeat offenders and a graduated penalty structure is more appropriate.”

Further, the bill would make private the data of individuals applying for grants under the state’s Lawn to Legumes program which encourages growth in pollinator habitat. Hansen said the aim is to prevent Minnesotans from being pestered with offers for goods and services after applying for the program.