Requiring the establishment and maintenance of riparian protection measures, providing for financing, and providing penalties

GENERAL. This bill amends Code chapter 466B, which provides for a number of programs to protect surface water and provide for flood mitigation and watershed management., a watercourse such as a river, stream, or drainage ditch; or body of water such as a pond, lake, or reservoir) to establish and maintain a riparian protection measure (measure) in compliance with a riparian protection compliance plan (plan). The plan is derived from a riparian protection inventory and map developed by the department of natural resources (DNR). ADMINISTRATION. The plan must be prepared by the landowner and approved by the division of soil conservation and water quality (division) created within the department of agriculture and land stewardship. The division must act in partnership with commissioners of soil and water conservation districts (commissioners), and in cooperation with a number of other government entities, including the state soil conservation and water quality committee, the water resources coordinating council, and DNR. REQUIREMENTS., erosion control practice or soil and water conservation practice) alone or in combination with a modified riparian protection buffer. The landowner must establish and maintain the measure after the division completes a riparian protection inventory and map which identifies the land subject to riparian protection. A landowner may apply for financial assistance to establish a measure under a number of programs, including cost-share moneys awarded under the authority of the division. EXCEPTIONS., a forest); (6) the land contains unique geological characteristics; or (7) the land is subject to construction. The division may also create other exceptions if it determines that the exception would not interfere with the bill’s purposes. ENFORCEMENT., for violating the terms of a cost-share agreement). If the division enforces the plan, if must first issue a compliance order listing items that the landowner must complete within a specified time but not more than one year after the compliance order has been issued. The bill also prohibits a landowner or another person from engaging in any work to remove or degrade a riparian protection measure, unless the person has obtained authorization. The bill provides a range of civil penalties based on the number of parcels included in the plan and the period that the violation continues after the compliance order was delivered. The amounts of the civil penalties range from $100 to $500 per parcel.