Parcel is compliant with the Minnesota Buffer Law (MN §103F.48)
Compliance is verified (SWCD or enforcement entity) and the landowner is notified that their parcel is considered compliant
Communication of duties between the SWCD and enforcement entity is critical at this stage
Background:
This stage could be reached by an existing buffer being in place, voluntary compliance, fulfillment of the NON/CAN, or any other applicable route.
In situations where a NON/CAN has been issued, upon completion of the requirements from the NON/CAN, the landowner shall notify the enforcement entity of completion and allow for inspection by the enforcement entity and/or SWCD to confirm compliance.
A landowner may provide evidence of compliance at any time during the process.
This step is to ensure validation of compliance information is passed along to SWCDs for their compliance reporting requirements in areas where the enforcement entity conducts the site inspection to validate compliance.
This step verifies that the buffer is compliant and that all actions outlined in the CAN/NON have been completed. Should the parcel fail to satisfy the requirement of the CAN, the Administrative Penalty Order (APO) will continue (return to step 5).
Discussion topics:
- What evidence is needed for documentation of compliance?
- Who will validate compliance (SWCD or enforcement entity)?
- What is the process if the CAN has not been satisfied following inspection?
- Who (SWCD or enforcement entity) will send the landowner the letter documenting the CAN has been satisfied and the parcel is now in compliance with the law? CC BWSR when this letter is sent.
Helpful tips:
It is important the SWCD receives documentation so they can track required information in BuffCAT or other BWSR approved local tracking methods.
Documentation of case conclusion:
- A copy of the letter sent to the landowner verifying compliance;
- Documentation of the installed buffer or approved alternative practice;
- Details of future maintenance considerations or other applicable information helping the SWCD track future compliance;
- CC BWSR when the compliance letter is sent out; and
- Consider if other agencies need to be notified of compliance.
Examples:
