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McLeod County board votes to discontinue local enforcement of state buffer compliance
Summary
The county adopted Resolution 25-CB-19 to discontinue McLeod County's prior election to enforce state buffer statutes; the change transfers enforcement responsibility back to state/ watershed authorities after the statute's 60‑day notice period.
The McLeod County Board on April 1 adopted Resolution 25-CB-19 discontinuing the county’s earlier election to enforce state buffer compliance provisions, effectively returning enforcement responsibility to the state and relevant watershed authorities after the statutory notice period.
County Attorney Ryan (on record as counsel for the board) explained that the proposed resolution would rescind the county’s 2017 decision to assume enforcement of Minnesota’s buffer statutes and related provisions. If the board’s resolution takes effect, the state agency (and where applicable watershed authorities) would assume enforcement after the 60-day notice period required by statute.
Commissioner Wright moved adoption (with a clerical correction noted by staff to change a statutory citation from "103 F.028" to "103 F.048"); Commissioner Schmalls seconded. The motion passed with all commissioners voting in favor.
County staff and commissioners discussed the practical effects: discontinuation would stop the county’s enforcement actions and associated riparian aid tied to county enforcement. Staff said the change would not be immediate but would become effective 60 days after the state receives formal notice. The board directed staff to cooperate with state officials to transfer records and facilitate the transition.
Commissioners who supported the change cited potential liability, uncertain return on county enforcement costs, and the ability to re-assume jurisdiction later if needed. Commissioner Krueger and others emphasized that county staff would continue to help landowners seek compliance alternatives and that the decision focused on who holds enforcement authority rather than whether buffers remain a state requirement.
The resolution will be delivered to the state and becomes effective per statute after the 60-day notice period; the county’s local ordinance tied to prior enforcement will be superseded by this action.
The board also directed staff to notify interested parties and to work with the Minnesota Board of Water and Soil Resources or relevant watershed organizations on the transfer of enforcement responsibilities and records.
