Minnesota Buffer Law

By Rick Grooters
Resource Conservation Technician and Anne Koliha
Engineering Technician

In the summer of 2015, Governor Dayton signed into law a new buffer initiative aimed at enhancing the protection of Minnesota’s waters. The buffers are to protect our water resources from erosion and runoff pollution. The buffers are to be installed by November 1, 2017 on all DNR protected waters. Protected waters are classified as having a drainage area of over two square miles or 1,280 acres.
A buffer, also known as a riparian filter strip, is vegetated land adjacent to a stream, river, lake, or wetland. Buffers help filter out phosphorous, nitrogen, and sediment. Buffers are an important conservation practice for helping keep our waters clean. Studies by the Minnesota Pollution Control Agency have shown that buffers are critical to protecting and restoring water quality and healthy aquatic life.

Under the buffer law, buffers must be an average of 50 feet wide with a minimum of 30 feet wide on each side of the public water course. The measurement of the required buffer must be taken from the top or crown of the bank. Where there is no defined bank, measurement must be taken from the edge of the normal water level. The law also states that all public drainage ditches must have a 16.5-foot wide buffer around them by November 1, 2018. Fillmore County does not have any public drainage ditches.

In July of 2016, the Fillmore Soil and Water Conservation District (SWCD) sent out an informational letter to residents of Fillmore County explaining the new law and how buffers protect our waters. The SWCD used the DNR protected waters inventory map to review over 2,800 parcels adjacent to protected waters. Parcel reviews found that 85% of Fillmore County parcels are already in compliance with the Buffer Law. A letter was sent to all these landowners in early January. The remaining 15% that need additional buffers received a letter with a map indicating where the additional buffers are needed for the November 1 deadline.

The Fillmore SWCD continues to work with all landowners to provide technical assistance in achieving compliance with the Minnesota Buffer Law. Please feel free to contact our technicians with questions or technical assistance by calling the SWCD office at (507) 765-3878, ext. 3 or emailing Rick Grooters: rick.grooters@fillmoreswcd.org or Anne Koliha: anne.koliha@fillmoreswcd.org.