SF5054

Purpose

Explain what the bill changes about water aeration permits for shallow lakes and why.

Main provisions

• Creates a new subdivision (Subd. 8: Shallow lakes) under Minnesota Statutes 2024 section 103G.611.
• When the following conditions are met, the commissioner must issue a water aeration permit:
  • The aeration system will be used in a lake or chain of lakes with a maximum depth of eight to 15 feet.
  • The lake or chain of lakes has 100 to 750 acres.
  • The installation and operation of the aeration system will be paid for with nonstate money.
• The "notwithstanding" clause means this rule can override other provisions to the extent needed to issue the permit under the stated conditions.
• However, the permit may not be issued if doing so would allow aeration to occur more frequently than two out of every three years (i.e., no more than two permits in any three-year period).

Significant changes to existing law

• Adds a new special rule for shallow lakes (depth and size range) that makes permit issuance automatic under specified funding conditions.
• Ties permit eligibility to nonstate funding, restricting the use of state funds for these projects.
• Introduces a strict frequency limit on how often such permits can be issued, aiming to prevent excessive aeration activity over time.

Practical implications

• Owners or managers of shallow lakes within the depth and size criteria could receive a water aeration permit more readily if they fund the project with nonstate money.
• Projects must be careful to stay within the cap of no more than two permits in any three-year period.

Relevant Terms - water aeration permit - aeration system - shallow lakes - maximum depth eight to 15 feet - lake or chain of lakes - 100 to 750 acres - nonstate money (nonstate funding) - Minnesota Statutes 2024 section 103G.611 - Subd. 8 Shallow lakes - not notwithstanding / notwithstanding to the contrary - frequency limit: two permits per three-year period