June 10, 2021 at 1:12 p.m.
Cass Board tentatively approves new requirements on real estate sales with private sewer systems
When properties are sold in Cass County, sellers must provide buyers a certificate of compliance for the private sewer system on the property or upgrade the system before selling or provide an escrow account equal to 125 percent of the cost a written estimate shows will be required to replace the system.
The Realtors objected to the fact the county would be the only entity allowed to hold escrow accounts.
The amended draft ordinance the board considered Tuesday called for allowing, in addition to county environmental services department, a licensed attorney or a federal or state chartered financial institution to hold the escrow account.
After a new system is installed, ESD would have to provide the escrow holder a copy of a certificate of compliance before the attorney or a financial institution could release money from the escrow account to the maker of the escrow or their assigns.
This and other changes proposed earlier will be presented at a 9 a.m. April 1 public hearing at the courthouse in Walker before the board votes on whether to adopt the changes.
Darrin Hoverson, Minnesota Department of Natural Resources (DNR) hydrologist, described for the board the DNR's statewide groundwater management program strategic planning and research being done to monitor the effect of land uses changes.
As land use is shifting in southern Cass and northwestern Crow Wing County (Pine River and Pequot Lakes areas) from timber management to irrigated crop farming, more agricultural operators request water use permits, he said.
There are 14 new applications for water use permits in southern Cass, Hoverson said.
While the rise in non-agricultural water use applications rose from 182 in 1990 to 223 in 2012, he said applications for agricultural uses more than doubled in the same years from 301 to 691.
Converting forest land where there is sandy soil to agricultural use not only increases the potential for pollution, but also the risk for drawing down the ground water table, he indicated.
Hoverson said by studying scientific data about soils and by monitoring ground water uses, the DNR hopes to develop a balance for sustainable water use. With the plan DNR is developing, he said, decisions can be made on permitting requirements to keep water clean and at current quantities.
Private and municipal water users have priority over agricultural users, he said.
Because agricultural effects were not monitored scientifically enough in the past, Hoverson reported the city of Park Rapids found excessive nitrates in city water and has had to install a new water treatment system and drill additional wells.
Soil in southern Cass tends to be sandier, Hoverson said, so it could be more at risk than if soil had heavy clay.
A permit the state now is processing for converting a Byron Township acreage from forest to crop farming will require the farm operators to monitor nitrate levels and test water capacity, with the goal being to maintain current water table levels, he said.
How often they have to report information from their monitoring has yet to be determined, Hoverson said.
Commissioner Neal Gaalswyk supported the DNR's concept of developing a groundwater management plan to encourage sustainable use. He emphasized DNR decisions should be based on science, not emotions.
Gaalswyk also suggested the state should charge enough for its water use permits to cover costs for ongoing impact studies.
He suggested the state should be planning for a future when land use could shift from forest or agricultural to higher density residential. Gaalswyk said there needs to be scientific evidence developed to show water tables can be sustained in any potential high use.
Mike Tauber, a Hiram Township resident who said he lives near one area being converted from forestry to crop farming, said he thinks the county should have more control over its groundwater.
Water belongs to the people who live in the county, he said, adding he does not think it is right that agricultural users can draw on the county's water resource to create their products, which are shipped to markets outside the county or state.
When they are done using it (water), they will say the water is polluted or expended. They will pull out and move on to some other area, Tauber predicted.
Cass County does have a local water management plan, separate from the state's DNR plan, but does not issue water use permits.
The county is in the process of updating the local plan.
Tuesday, the county board voted to give an extension to January 2016 to enable taking advantage of new state Board of Water and Soil Resources technical services. This will enable adding smaller watersheds to work the county is doing on large watersheds in the county.
Second publication rights after Brainerd Dispatch.
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