(A) Compliance determinations. Compliance with the buffer requirements set forth in § 96.04 will be determined by the SWCD on a parcel by parcel basis. The compliance status of each bank, or edge of a waterbody on an individual parcel will be determined independently.
(B) Investigation and notification of non-compliance. When the county identifies a potential noncompliance with the buffer requirements or receives a third party complaint from a private individual or entity, or from another public agency, it may consult with the SWCD to determine the appropriate course of action to document compliance status. This may include communication with the landowner, inspection or other appropriate steps necessary to verify the compliance status of the parcel. On the basis of the evidence gathered in this process, the SWCD may issue a notification of noncompliance to the county. If the SWCD does not issue such a notification, the county will not pursue a compliance or enforcement action under M.S. § 103F.48 and § 96.99(B).
(1) At any time during the process set forth in division (B) and (C), the landowner may provide documentation of compliance to the SWCD.
(2) Compliance determination. The SWCD may evaluate the available documentation, and/or evaluate and/or inspect the buffer and/or alternative practices to determine if the parcel is in compliance. Upon completion of the evaluation and/or inspection the SWCD shall issue a written compliance determination to the landowner, the county and BWSR. The SWCD may also issue a validation of compliance if applicable and requested by the landowner.
(C) Corrective action notice.
(1) On receipt of an SWCD notification of noncompliance, the county will issue the landowner a corrective action notice that will:
(a) Include a list of corrective actions needed to come into compliance with the requirements of M.S. § 103F.48;
(b) Provide a timeline for complying with the corrective action notice;
(c) Provide a compliance standard against which the county will judge the corrective action; and
(d) Include a statement that failure to respond to this notice may result in the assessment of criminal, civil or administrative penalties.
(2) The county may send the landowner a combined corrective action notice and APO as provided in § 96.99(B) so long as the combined notice/APQ includes all the required elements of both.
(3) The county shall transmit the corrective action notice by either personal service to the landowner or by depositing the same in the U.S. Mail. If service is made by U.S. mail, the document is deemed received three business days after the notice was placed in the U.S. mail. Failure of actual receipt of a corrective action notice that has either been personally served or served by depositing the same in the U.S. Mail shall not be deemed a defense in an enforcement proceeding under § 96.99. The county shall also send a copy of the notice to the SWCD and BWSR.
(4) Counties may modify the corrective actions and timeline for compliance, in accordance with division (B), to extend the compliance timeline for a modification that imposes a substantial new action or significantly accelerates the completion date for an action.
(D) At any time after receipt of a corrective action notice, the landowner may provide documentation of compliance to the county. In addition, the landowner may supply information to the county or the SWCD in support of a request to modify a corrective action or the timeline for compliance. On the basis of any such submittal or at its own discretion, the county may make a written modification to the corrective action notice or timeline for compliance. The county should also make a written determination documenting whether the non-compliance has been fully corrected. Any such modification of a compliance determination will be served on the landowner in the manner provided for in § 96.05(C). The county shall provide the SWCD and BWSR a written copy of any modification made pursuant to this provision.
(E) The SWCD may, after an evaluation of the evidence documenting compliance submitted by the landowner, issue a written validation of compliance if requested by the landowner. Upon receipt by the County of a written compliance determination issued by the SWCD. the corrective action notice will be deemed withdrawn for the purpose of § 96.99, and the subject property will not be subject to enforcement under that section.
(Ord. 18-3, passed 6-5-2018)