Keith Mack
The Minnesota Buffer Law, also known as Gov. Mark Dayton's signature clean water law, was first implemented in November 2017. The law requires buffers, or riparian filter strips, along waterways to help filter out pollutants such as phosphorus, nitrogen, and sediment. The minimum state buffer standards are outlined in the MN Statute 103F.48, and the law has been amended to include alternative practices for landowners to protect water quality. Despite high compliance rates, the law has faced opposition, particularly from the agriculture industry, and is likely to undergo changes under new gubernatorial leadership.
| Characteristics | Values |
|---|---|
| Name | Minnesota Buffer Law |
| Other Names | MN Statute 103F.48, Buffer Protection Map, riparian filter strip |
| Enacted By | Gov. Mark Dayton |
| Year | 2017 |
| Purpose | Require buffers along waterways to filter out pollutants such as phosphorus, nitrogen, and sediment, and to protect and restore water quality, healthy aquatic life, natural stream functions, and aquatic habitats |
| Map | The DNR Buffer Map shows waters that require buffers based on the law. The map was created using GIS technology and data from the Public Waters Inventory and local drainage authorities. |
| Exemptions | Tribal land holdings, some trout streams and tributaries |
| Amendments | The law was amended in 2017 to include changes to the alternative practices provision, allowing for practices that provide comparable water quality benefits to buffers. |
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What You'll Learn
The law requires buffers along waterways to filter out pollutants
The Minnesota Buffer Law, also known as Gov. Mark Dayton's signature clean water law, requires buffers along waterways to filter out pollutants. The law first went into effect in November 2017, and state officials have reported high compliance, with more than 95% of all bodies of water in Minnesota meeting the requirements.
Buffers, or riparian filter strips, are vegetated areas of land adjacent to streams, rivers, lakes, or wetlands. They are essential for filtering out pollutants such as phosphorus, nitrogen, and sediment, and play a critical role in protecting and restoring water quality, supporting healthy aquatic life, and preserving natural stream functions and aquatic habitats.
The Minnesota Pollution Control Agency has conducted studies demonstrating the importance of buffers in maintaining water quality. Their research on various stream systems across the state underscores the effectiveness of buffers in protecting Minnesota's waterways.
The DNR Buffer Map helps landowners identify waters that require buffers under the Minnesota Buffer Law. While the map is a useful tool, it does not replace on-the-ground verification and delineation of buffer locations. Local ordinances may also require wider buffers than the minimum state standards indicated on the map.
The Minnesota Buffer Law has faced opposition, particularly from some farmers and members of the agriculture industry, who argue that it results in a loss of productive land without compensation. Despite this controversy, the law remains in place, and amendments have been made to include alternative practices that provide comparable water quality benefits to buffers. These alternatives offer flexibility in achieving compliance with the law while still prioritizing the protection of Minnesota's precious water resources.
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Gov. Mark Dayton's signature clean water law
Buffers are vegetated areas of land adjacent to streams, rivers, lakes, or wetlands that help filter out pollutants such as phosphorus, nitrogen, and sediment. The Minnesota Pollution Control Agency has found that these buffers are crucial for protecting and restoring water quality, supporting healthy aquatic life, and preserving natural stream functions and aquatic habitats.
Gov. Dayton has been a strong advocate for clean water initiatives in Minnesota. In addition to the buffer law, he also declared a "Year of Water Action" in the state, urging businesses, the agricultural industry, outdoor enthusiasts, communities, and families to take action to conserve and improve water quality. During this year-long campaign, Dayton and his administration visited schools, water treatment facilities, research institutions, and farms to raise awareness about water challenges and empower individuals to take action.
Despite high compliance with the buffer law, there has been ongoing debate and opposition from some in the agricultural industry. Critics argue that the law forces farmers to give up productive land without compensation and that their input was not adequately considered during the formulation of the regulation. However, supporters, including environmental groups, maintain that the rule is essential to prevent farm runoff from harming wildlife and contaminating drinking water sources.
As Gov. Dayton left office, the future of the buffer law became a key issue in the governor's race, with candidates proposing their own approaches to balancing clean water initiatives and agricultural production. Despite the potential changes, Gov. Dayton's signature clean water law has played a significant role in raising awareness about water conservation and encouraging actions to protect Minnesota's precious natural resources.
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The DNR Buffer Map
The map was created using two primary sources of data: the Public Waters Inventory (PWI) and a public ditch layer. The PWI includes all public waters that meet the criteria set forth in Minnesota Statutes. Public Water Watercourses that are also designated as public ditches and lack a DNR-assigned shoreland classification are mapped as requiring a 16.5-foot buffer. The public ditch layer, on the other hand, was created using data provided by local drainage authorities.
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Alternative Practices provision
The Minnesota Buffer Law requires landowners to install a 50-foot average (30-foot minimum) width buffer of perennial vegetation adjacent to public waters and a 16.5-foot width buffer adjacent to public ditches. However, the law also allows landowners to meet the requirements by adopting alternative practices that provide comparable water quality protection.
The Alternative Practices provision offers landowners flexibility in complying with the law. It allows landowners to implement alternative practices that may be better suited to their land and management objectives. Soil and Water Conservation Districts (SWCDs) have the authority to work with landowners to determine and validate appropriate alternative practices. Landowners can install these practices with or without SWCD assistance.
The Minnesota Board of Water and Soil Resources (BWSR) has issued guidance on common alternative practices. These include the Minnesota Agricultural Water Quality Certification Program, USDA-FOTG Practice Standards Filter Strip (393/391), Grassed Waterway/Cultivated Watercourses, Negative slopes or concentrated inflow, and Glacial Lake Plain Areas. These practices are not intended to be the only options for implementation but rather common examples.
The BWSR Board also has the authority to approve practices and methodologies not currently found in the NRCS FOTG for compliance with the law. To ensure comparable water quality benefits, various models can be used, such as RUSLE2, BWSR pollution reduction calculators, and PTMApp. In some cases, the professional judgment of SWCD staff should prevail when determining the effectiveness of alternative practices.
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The law's opposition and criticism
The Minnesota Buffer Law, an initiative of Governor Mark Dayton, requires farmers and other landowners to comply with the statute by installing buffers, or riparian filter strips, to help filter out phosphorus, nitrogen, and sediment, and ultimately improve water quality. While the law has seen encouraging progress, with approximately 98% of parcels adjacent to Minnesota waters being compliant as of July 2019, it has also faced opposition and criticism.
One of the main criticisms of the law is the lack of time given to farmers to comply with the requirements. Some legislators argue that the initial deadline for compliance, set for November, did not provide farmers with enough time to make the necessary changes. In response to this criticism, it is worth noting that landowners who apply for financial assistance are granted an additional year to comply with the laws. Additionally, in counties statewide, a significant percentage of landowners have already installed buffers, indicating that many farmers are conservation-minded and willing to adopt these practices.
Another point of criticism is the lack of flexibility in the law. Opponents argue that the buffer requirements are not suitable for the diverse land and water complexes present in Minnesota. However, it is important to understand that the law focuses on achieving specific conservation standards rather than prescribing a single solution. The Board of Water and Soil Resources (BWSR) has developed alternative practices that can be implemented by landowners to meet these standards. These alternatives include the Minnesota Agricultural Water Quality Certification Program, the USDA-FOTG Practice Standards Filter Strip, and Grassed Waterway/Cultivated Watercourses, among others. Custom compliance alternatives are also an option for landowners.
The law has also faced opposition from those who wish to delay its implementation or weaken its impact. Some critics, including Rep. Dan Fabian, a Republican from Roseau and chairman of the House Environment and Natural Resource Policy and Finance Committee, have proposed provisions in a House bill that would delay the implementation of the buffer law, reduce buffer width requirements, and change the definition of public waters. These proposals have been met with resistance, with the governor stating his intention to veto any bills that undermine the buffer law.
Additionally, there has been criticism regarding the accuracy and completeness of the DNR Buffer Map, which is used to identify waters requiring buffers. While the map is a useful tool, it is subject to change and updates as corrections are implemented. Landowners who believe the map is incorrect are advised to work with their local Soil and Water Conservation District (SWCD) to address their concerns and find appropriate resolutions.
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Frequently asked questions
Gov. Mark Dayton created the buffer law, also known as his signature clean water law.
The buffer law came into effect in November 2017.
The law requires buffers along Minnesota waterways to filter out pollutants such as phosphorus and nitrogen from rivers, lakes, and other water sources.
