6.2.A&B SR 10-18-2010 - Laserfiche WebLink

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State Confirms City Authority to Regulate ~~Tell Drilling Page 1 of 2 ~~ LEAGUE 3F fy~IN 1~f ES4TA ~IT1ES State Confirms City Authority to Regulate Weil Drilling Cities have the ability to restrict or prohibit the drilling of wells in city boundaries through a specific ordinance or the city zoning code. (Published Oct 13, 2D10) After several -nonths of communication and discussion with the League and other pat-ties about the legal basis for city authority, the A~iinnesota Department of Health {_N1DH) has agreed that that no more letters will go out from the department challenging city authority to regulate ~~'ells by ordinance or through city zoning code. This is a dramatic change from previous practice. Over the past 20 years; cities, well drillers, and MDH have often disagreed about city statutory autltori.ty to prohibit or restrict well drilling by ordinance. The League has long argued that cities have specific and long-standing statutory authority to regulate wells and water supplies in city boundaries. (Minnesota Statutes, section X12.221, SUbdlti'iSI0i1 1.~) {Iinkto: https:l~tt~trtm.recisor.n:n.gov/statutes/?id=412._21;~'stat.472.221.1IJ Cities may also regulate where wells are located in a city, if at ail, through zoning as established in both statute and case law. (1flirvTesota Statutes, section 455.357, subdi~'ision 1) f~inkro: hops:/h,nrt+~.rerisor.mn.gov/statutes/?id=462357~stat.462.3.i7.1) HOWOVer, l`t1DH 1S gtVe?] SpeCIf1C poWerS over teCltl]tCal aspects of constructing wells, the Iicensulg of well drillers, and sealing wells. This issue became more controversial over the past year as cities began receiving letters froth the state demanding that they cease enforcement of ordinances restricting well drilling. Iw'Iany property ov«'tiers within city boundaries have wanted to drill their own irrigation wells within municipal water utility service areas to avoid paying city utility rates, especially once water consexvation xate structures and sununer water use requirements were applied, as required by the state Legislature. This recognition of city authority by MDIi means that cities may continue to adopt and enforce ordinances restricting or prohibiting well drilling within their jurisdiction. Cities do not, however, have the authority to regulate the construction, maintenance; or sealing of wells. There are also «'ells used for monitoring, dewatering for pollution cleanup, and other purposes that likely will still be allowed in appropriate circumstances. The League will work with 1VIDH to provide guidance to cities on how best to craft ordinances related to wells. Read the current issue of the Cities Bulletin (Linrcto: ttrp:/i„~~,~,v.tn:~.arg~page~ti~;,tes-b„nerin-ne,rsrerrer~s~J Your Ll4'IC Resource Contact Craig Johnson iGR Representative (651) 281-1254 or (800) 425-1122 cjohnson@lme.org (Link to: mailto;cjohnson~mo.org) http://www.lmc.org/page/l/well-drilling jsp 10/13/2010