Authorizing counties to prepare, adopt, administer, and enforce riparian buffer ordinances, including by providing for the adoption of rules by the division of soil conservation and water quality, providing penalties, and including effective date provisions

GENERAL. This bill authorizes a county board of supervisors (board), upon the recommendation of a local government entity (commissioners of a soil and water conservation district, a watershed management authority, or a city), to adopt and enforce a riparian buffer ordinance to achieve a purpose of reducing soil erosion and sediment loss; managing nutrients and reducing contributing contaminant loads to receiving surface waters; preserving and enhancing soil health; or reducing the volume or velocity of precipitation-induced surface water. A riparian buffer (buffer) constitutes a tract of agricultural land (tract) located adjacent to a water source where there exists during the growing season perennial vegetation. The buffer cannot exceed feet., a wetland) that accomplishes the same objective. COMPLIANCE. A person holding a legal or equitable interest in the tract is required to comply with the ordinance, unless granted a waiver by the board based on the board’s determination that it is not practical to comply with the ordinance.307). The board may assess a civil penalty for a violation of the ordinance. Under current law, the civil penalty for a violation of a county infraction cannot exceed $750 for each violation or $1,000 for a repeat violation. The bill authorizes the board to assess an alternative civil penalty for an amount equal to not more than the market value of any crop produced on the tract. The person is not eligible to receive financial incentives (cost-share moneys) to establish permanent soil and water conservation practices or erosion control practices (Code chapter 161A). A petition to establish a drainage or levee district must include a certification that all land which is part of the proposed district complies with the requirements of the county’s riparian buffer ordinance or is subject to a waiver (Code chapter 468). COOPERATION. The board may enter into a cooperative agreement with a local government entity in order to prepare, administer, and enforce the ordinance. Two or more boards may enter into an agreement to adopt, administer, and enforce an ordinance on a joint basis. The division of soil conservation and water quality (division) within the department of agriculture and land stewardship is required to adopt rules required for a board to effectively prepare, administer, and enforce the ordinance. EFFECTIVE DATES. Generally, the bill takes effect January 1, 2022. However, the section of the bill requiring the division to adopt rules necessary for a board to prepare, administer, and enforce an ordinance by that date takes effect upon enactment.