Water Regulations Update: Waters of the United States and Buffer Strips - Warren Formo, Minnesota Agricultural Water Resource Center; Joe Smentek, Minnesota Soybean Research and Promotion Council, from the 2016 Minnesota Pork Congress, January 18 - 20, 2016, Minneapolis, MN, USA. More presentations at http://www.swinecast.com/2016-minnesota-pork-congress

1. WOTUS & Buffers:
Where do things stand
today?
Joe Smentek
Minnesota Soybean Growers
Warren Formo
MN Agricultural Water Resource Center
MN Pork Congress 2016

2. WOTUS- conflicting views
“EPA and the Army are taking this action to provide
clarity on protections under the Clean Water Act”, EPA
Press Release
The rule contains “flaws and ambiguities that create
confusion and uncertainty rather than provide clarity”,
American Farm Bureau Federation

3. WOTUS timeline
 April 2014- US EPA and COE publish proposed rule
 Comment period extended- twice- resulting in more than 1 million
comments
 May 2015- House votes to stop the rule
 May 2015- US EPA and COE announce final rule
 August 205- rule becomes effective- except in 13 states
 October 2015- injunction blocks rule nationwide
 EPA/COE exceeded their authority
 EPA/COE substantively changed the rule following the comment period without
reissuing the revised rule for a new comment period
 November 2015- Senate passes resolution nullifying rule

4. BASIC BUFFER REQUIREMENTS
• For all public waters, the more restrictive of:
• A 50 ft. average width – 30 ft. minimum width-
continuous buffer of perennially rooted
vegetation; or
• The state shoreland standards by November 1,
2017 for designated public waters.
• Required buffers or alternative water quality
practices must be in place on or before
November 1, 2017 for public waters.

5. BASIC BUFFER REQUIREMENTS
• For public drainage systems, a 16.5 ft. minimum
width continuous buffer of perennially rooted
vegetation on ditches within the benefited
area of public drainage systems.
• Required buffers or alternative water quality
practices must be in place on or before November 1,
2018 for public drainage systems.

6. • A landowner owning property identified in a buffer
protection map and whose property is used for
cultivation farming may meet the requirements by
adopting an alternative riparian water quality
practice or combination of practices based on the
NRCS Technical Guide or other practices approved
by the board that provide water quality protection
comparable to the buffer protection for the water
body that the property abuts.
BASIC BUFFER REQUIREMENTS

7. • A county or watershed district or the Board of Water
and Soil Resources may issue an order requiring
violations to be corrected and assessing monetary
penalties up to $500 for noncompliance.
• Removal or degradation of a buffer may be subject
to penalties.
• The state may withhold funding from a local
authority that fails to implement the requirement.
BASIC BUFFER REQUIREMENTS

8. Recommendations for farmers and
farmland owners
Know your obligations and your rights
Watch for information from your county
SWCD, Watershed District, or other local
authorities
Ground truth buffer maps

9. Explore cost share options- CRP, RIM, etc.
Recognize that state and federal programs
offer cost share but may impose land use
restrictions and require greater land area
Consider the long-term- tax obligations could
outlive program benefits
Landowners and tenants need to talk
Recommendations for farmers and
farmland owners

10. Explore “alternative practices”
Remember that the new buffer requirements
do not provide for public access to your
property
Haying, grazing and other uses of your
property are allowed, provided that the
perennial vegetation is maintained
Recommendations for farmers and
farmland owners