A quick update on farming, buffer strips and the Minnesota Shoreland Rule

A recent story in the Star Tribune questioned whether a large number of farmers in Southern Minnesota are in violation of the law for growing crops near rivers and streams. Despite what the story implied, state regulations on buffer strips are not absolute.

The Minnesota Shoreland Rule requires a 50-foot buffer strip along all lakes greater than 25 acres and, essentially, all permanent streams. However, farming is permitted and buffer strips are not required if 1) the farmer is operating under an approved conservation plan from USDA’s Natural Resource & Conservation Service (NRCS), or 2) steep slopes and shore and bluff impact zones are maintained in permanent vegetation.

In other words, just because a farmer does not have a 50-foot buffer, it doesn’t necessarily mean he or she is violating the law.

Even though the Minnesota Shoreland Rule is a DNR rule, it is enforced locally, typically by the county. Local enforcement allows for some flexibility in the rule depending on each area’s unique topography or vegetation that might make the state requirements impractical. Counties also are granted flexibility in enforcing the rule if the land in question is managed under an NRCS-approved conservation plan.

Buffer strips are one of many tools in a farmers’ belt used to protect water quality. Where buffer strips are needed and can be effective, farmers should work with their local NRCS office to explore program and seed options.

If your choice is to farm these acres, be sure to keep your conservation plan in place as required by your county. For questions about buffer strips and implementing or updating conservation plans, contact your local NRCS office.

Other individuals and organizations that can provide guidance and insight include Warren Formo, Executive Director of the Minnesota Agricultural Water Resource Center or Adam Birr, Research Director at the Minnesota Corn Growers Association.