1.1    .................... moves to amend H. F. No. 577 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Spoil banks must be spread and grass planted permanent
1.6vegetation established. In any proceeding to establish, construct, improve, or do any
1.7work affecting a public drainage system under any law that appoints viewers to assess
1.8benefits and damages, the authority having jurisdiction over the proceeding shall order
1.9spoil banks to be spread consistent with the plan and function of the drainage system. The
1.10authority shall order that permanent grass, other than a noxious weed, be planted on
1.11the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation
1.12approved by the drainage authority be established on each side of the ditch. The approved
1.13perennial vegetation shall not impede future maintenance of the ditch. The permanent
1.14strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the
1.15top edge of the constructed channel resulting from the proceeding, or to the crown of
1.16the leveled spoil bank, whichever is the greater, on each side of the top edge of the
1.17channel of the ditch. except for an action by a drainage authority that results only in a
1.18redetermination of benefits and damages, for which the required width shall be 16-1/2
1.19feet. Drainage system rights-of-way for the acreage and additional property required for
1.20the planting permanent strips must be acquired by the authority having jurisdiction.

1.21    Sec. 2. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
1.22    Subd. 2. Reseeding and harvesting grass perennial vegetation. The authority
1.23having jurisdiction over the repair and maintenance of the drainage system shall supervise
1.24all necessary reseeding. The permanent grass strips of perennial vegetation must be
1.25maintained in the same manner as other drainage system repairs. Harvest of the grass
1.26vegetation from the grass permanent strip in a manner not harmful to the grass vegetation
2.1or the drainage system is the privilege of the fee owner or assigns. The county drainage
2.2inspector shall establish rules for the fee owner and assigns to harvest the grass vegetation.

2.3    Sec. 3. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
2.4    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
2.5those required for the maintenance of a permanent growth of grass perennial vegetation,
2.6are not permitted on any portion of the property acquired for planting perennial vegetation.

2.7    Sec. 4. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
2.8    Subd. 8. Extent of damages. Damages to be paid may include:
2.9    (1) the fair market value of the property required for the channel of an open ditch
2.10and the permanent grass strip of perennial vegetation under section 103E.021;
2.11    (2) the diminished value of a farm due to severing a field by an open ditch;
2.12    (3) loss of crop production during drainage project construction; and
2.13    (4) the diminished productivity or land value from increased overflow.

2.14    Sec. 5. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
2.15    Subdivision 1. Requirements. The viewers' report must show, in tabular form,
2.16for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
2.17is benefited or damaged:
2.18    (1) a description of the lot or tract, under separate ownership, that is benefited or
2.19damaged;
2.20    (2) the names of the owners as they appear on the current tax records of the county
2.21and their addresses;
2.22    (3) the number of acres in each tract or lot;
2.23    (4) the number and value of acres added to a tract or lot by the proposed drainage of
2.24public waters;
2.25    (5) the damage, if any, to riparian rights;
2.26    (6) the damages paid for the permanent grass strip of perennial vegetation under
2.27section 103E.021;
2.28    (7) the total number and value of acres added to a tract or lot by the proposed
2.29drainage of public waters, wetlands, and other areas not currently being cultivated;
2.30    (8) the number of acres and amount of benefits being assessed for drainage of areas
2.31which before the drainage benefits could be realized would require a public waters work
2.32permit to work in public waters under section 103G.245 to excavate or fill a navigable
2.33water body under United States Code, title 33, section 403, or a permit to discharge into
2.34waters of the United States under United States Code, title 33, section 1344;
3.1    (9) the number of acres and amount of benefits being assessed for drainage of areas
3.2that would be considered conversion of a wetland under United States Code, title 16,
3.3section 3821, if the area was placed in agricultural production;
3.4    (10) the amount of right-of-way acreage required; and
3.5    (11) the amount that each tract or lot will be benefited or damaged.

3.6    Sec. 6. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
3.7    Subdivision 1. Inspection. After the construction of a drainage system has been
3.8completed, the drainage authority shall maintain the drainage system that is located in its
3.9jurisdiction, including grass the permanent strips of perennial vegetation under section
3.10103E.021 , and provide the repairs necessary to make the drainage system efficient. The
3.11drainage authority shall have the drainage system inspected on a regular basis by an
3.12inspection committee of the drainage authority or a drainage inspector appointed by the
3.13drainage authority.

3.14    Sec. 7. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
3.15    Subd. 2. Grass Permanent strip of perennial vegetation inspection and
3.16compliance notice. (a) The drainage authority having jurisdiction over a drainage system
3.17must inspect the drainage system for violations of section 103E.021. If an inspection
3.18committee of the drainage authority or a drainage inspector determines that permanent
3.19grass strips of perennial vegetation are not being maintained in compliance with section
3.20103E.021 , a compliance notice must be sent to the property owner.
3.21    (b) The notice must state:
3.22    (1) the date the ditch was inspected;
3.23    (2) the persons making the inspection;
3.24    (3) that spoil banks are to be spread in a manner consistent with the plan and function
3.25of the drainage system and that the drainage system has acquired a grass permanent strip
3.2616-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial
3.27vegetation, according to section 103E.021;
3.28    (4) the violations of section 103E.021;
3.29    (5) the measures that must be taken by the property owner to comply with section
3.30103E.021 and the date when the property must be in compliance; and
3.31    (6) that if the property owner does not comply by the date specified, the drainage
3.32authority will perform the work necessary to bring the area into compliance with section
3.33103E.021 and charge the cost of the work to the property owner.
3.34    (c) If a property owner does not bring an area into compliance with section 103E.021
3.35as provided in the compliance notice, the inspection committee or drainage inspector
3.36must notify the drainage authority.
4.1    (d) This subdivision applies to property acquired under section 103E.021.

4.2    Sec. 8. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
4.3    Subd. 3. Drainage inspection report. For each drainage system that the board
4.4designates and requires the drainage inspector to examine, the drainage inspector shall
4.5make a drainage inspection report in writing to the board after examining a drainage
4.6system, designating portions that need repair or maintenance of grass the permanent
4.7strips of perennial vegetation and the location and nature of the repair or maintenance.
4.8The board shall consider the drainage inspection report at its next meeting and may repair
4.9all or any part of the drainage system as provided under this chapter. The grass permanent
4.10strips of perennial vegetation must be maintained in compliance with section 103E.021.

4.11    Sec. 9. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
4.12    Subd. 2. Additional assessment for agricultural practices on grass permanent
4.13strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
4.14charge an additional assessment on property that has agricultural practices on or otherwise
4.15violates provisions related to the permanent grass strip of perennial vegetation acquired
4.16under section 103E.021.
4.17    (b) The drainage authority may determine the cost of the repair per mile of open
4.18ditch on the ditch system. Property that is in violation of the grass requirement shall be
4.19assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
4.20of open ditch in miles on the property in violation.
4.21    (c) After the amount of the additional assessment is determined and applied to
4.22the repair cost, the balance of the repair cost may be apportioned pro rata as provided
4.23in subdivision 1."
4.24Delete the title and insert:
4.26relating to natural resources; modifying requirements for ditch buffers;amending
4.27Minnesota Statutes 2006, sections 103E.021, subdivisions 1, 2, 3; 103E.315,
4.28subdivision 8; 103E.321, subdivision 1; 103E.705, subdivisions 1, 2, 3;
4.29103E.728, subdivision 2."