(A) Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the same meaning they have in common usage and to give this chapter it's most reasonable application. For the purpose of this chapter, the words MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.
(1) APO. The administrative penalty order issued pursuant to M.S. § 103F.48, subd. 7 and M.S. § 103B.101, subd. 12a.
(2) BUFFER. Has the meaning provided in M.S. § 103F.48, subd. 1(c).
(3) BUFFER PROTECTION MAP. Has the meaning provided in M.S. § 103F.48, subd. 1(d) and which are available on the Department of Natural Resources website.
(4) BWSR. The Board of Water and Soil Resources.
(5) CULTIVATION FARMING. Farming practices that disturb root or soil structure or that impair the viability of perennial vegetation due to cutting or harvesting near the soil surface.
(6) DRAINAGE AUTHORITY. Has the meaning provided in M.S. § 103E.005, subd. 9.
(7) LANDOWNER. The holder of the fee title, the holder's agents or assigns, any lessee, licensee, or operator of the real property and includes all land occupiers as defined by M.S. § 103F.401, subd. 7 or any other party conducting farming activities on or exercising control over the real property.
(8) LOCAL WATER MANAGEMENT AUTHORITY. Has the meaning provided in M.S. § 103F.48, subd. 1(g).
(9) NORMAL WATER LEVEL. The level evidenced by the long-term presence of surface water as indicated directly by hvdrophytic plants or hvdric soils or indirectly determined via hydrologjcal models or analysis.
(10) PARCEL. A unit of real property that has been given a tax identification number maintained by the county.
(11) PUBLIC DRAINAGE SYSTEM. Has the meaning given to DRAINAGE SYSTEM in M.S. § 103E.005, subd. 12.
(12) SWCD. Soil and Water Conservation District.
(B) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(C) Data sharing/management.
(1) The county may enter into arrangements with an SWCD, a watershed district if applicable, BWSR and other parties with respect to the creation and maintenance of, and access to, data concerning buffers and alternative practices under this chapter.
(2) The county will manage all such data in accordance with the Minnesota Data Practices Act and any other applicable laws.
(Ord. 18-3, passed 6-5-2018)