Enforcement entity issues Corrective Action Notice (CAN) to landowner. Copy SWCD and BWSR when issuing CAN.
Landowner corrects the noncompliance: Step 6
Landowner does not comply: Step 5
A Corrective Action Notice (CAN) is issued by the enforcement entity (county/watershed district/BWSR). The CAN notifies the landowner they are currently out of compliance with §103F.48 and lists the requirements to achieve compliance.
The enforcement entity should copy the SWCD and BWSR when sending the CAN to the landowner.
A landowner can provide evidence of compliance at any point during the enforcement process.
What statute says:
§103F.48 Subd. 7. Corrective actions.
(a) If the soil and water conservation district determines a landowner is not in compliance with this section, the district must notify the county or watershed district with jurisdiction over the noncompliant site and the board. The county or watershed district with jurisdiction or the board must provide the landowner with a list of corrective actions needed to come into compliance and a practical timeline to meet the requirements in this section. The county or watershed district with jurisdiction must provide a copy of the corrective action notice to the board.
(c) If the landowner does not comply with the list of actions and timeline provided, the county or watershed district may enforce this section under the authority granted in section §103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official control of the county.
(d) If the county, watershed district, or board determines that sufficient steps have been taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
(e) An order issued under paragraph (c) may be appealed to the board as provided under subdivision 9.
(f) A corrective action is not required for conditions resulting from a flood or other act of nature.
Corrective Action Notice (CAN):
- Landowner name and address
- Cover letter: gives a general overview and introduction of the CAN and includes timelines or a compliance schedule
- Copy the SWCD and BWSR
- Contact information for who to reply to
- Cite buffer law statute
- Findings of Fact: describes the facts of the noncompliance received in the NON. Site conditions describe why the buffer was not in compliance from site inspections or aerial reviews
- Corrective actions: what needs to be done to be compliant with the law
- Maps identifying the required buffer width, parcel boundary, parcel number, county, section, township, road names, location highlighted map
- May consult with legal counsel
The CAN may list the SWCD as a non-regulatory agency available to provide technical assistance such as seeding plans and financial support to establish buffers or alternative practices.
The options for achieving compliance are as follows:
- Establish a continuous perennial vegetative buffer in accordance with MN §103F.48 Subd. 3
- Implement an approved alternative practice.
- Supply evidence of an approved exemption in accordance with MN §103F.48 Subd. 5
Compliance shall be verified by the enforcement entity or SWCD. CC the BWSR Buffer Specialist when a CAN is resolved and a letter has been sent to the landowner.