MINNESOTA PROPERTY RIGHTS WATCH
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Buffers and Mandatory Conservation Easements 

At first, the buffer/conservation easement requirement is triggered when any new lot is created.  The Rules clarify that this may change in the future:
Based on program evaluation, water quality monitoring, and research the VRWJPO may in the future modify the Standards and Rules to vary by subwatershed, or to require buffers on existing land in addition to developing land, in order to meet water quality objectives
Nowhere in the Plan, the Standards or the Rules is there any reference to compensating property owners for the land that is mandated to be given over in a permanent conservation easement for the common good.  The Plan, Standards and Rules do make it clear, however, that the property owner is to bear the costs of inspection, monitoring and related fees, the cost of maintaining and implementing erosion and sediment control required by the permit, the cost of completing buffer strip landscaping in accordance with the Rules, and the cost of remedying damage resulting from noncompliance with the permit or the Rules or for which the property owner is "otherwise responsible." 

If the existing buffer vegetation and conditions are unacceptable to the government, the property owner will be required to plant an approved native seed mix, making sure that the broadcast/installation is done according to approved methods, and replant during the first five full growing seasons where the vegetative cover is less than 90%.  The owner must assure reseeding/or replanting if the buffer changes at any time through human intervention or activities.

The size of the buffer will range from 16.5 feet for a "low quality wetland" to an average of 150 feet for a "conservation corridor."  Map 1 shows buffer widths for streams.

Many activities are prohibited within the buffer area.  Prohibited activities include:

     Alterations, including building, storage, paving, routine mowing, burning, plowing, introduction of noxious vegetation,
     cutting, dredging, filing, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer
     application.

Violation of these rules is a misdemeanor.