The following article debunks the myths that you might encounter when reading 
up on the buffer issue. It was written by a retired professional from the MPCA. 

--Judy Chucker 



Talking points we hear most: 

One Size Fits All – It’s hard to understand how critics continue to make this 
claim. The bill explicitly provides for alternative conservation measures in 
cases where a 50 foot buffer does not provide water quality protection. This 
includes the possibility of variable width buffers. The local soil and water 
conservation district must sign off on the plan, as is only proper. 


The science isn't clear – Actually, compared to many other agricultural 
conservation practices, the science is pretty clear about the effectiveness of 
grass buffers. The Agricultural BMP Handbook for Minnesota 2012, developed by 
consultants for the Minnesota Department of Agriculture, provides 
research-based estimates of average pollutant removal for properly installed 
grass buffers: 







Pollutant       

Mean    

Minimum         

Maximum         

Number of Entries       

Source 


Sediment        

86      

76      

91      

6       

1 


Total Phosphorus        

65      

38      

96      

4       

2, 3 


Nitrogen        

27      

27      

27      

1       

3 


Atrazine        

58      

45      

71      

6       

1 


Metolachlor     

72      

68      

78      

6       

1 


Cyanazine       

69      

59      

77      

6       

1 

    1. 

– Arora et al., 1996 
    2. 

– Webber et al., 2009 
    3. 

– Eghball et al., 2000 








Sediment: 86%; Phosphorus: 65%; Nitrogen: 27%; Atrazine: 58%; Metolachlor 
(Dual): 72%; Cyanazine (Bladex): 69% 




Project manager for this MDA project was Dr. Adam Birr, Ph.D. soils, U of M, 
now executive director of Minnesota Corn Growers. 




http://www.eorinc.com/documents/AG-BMPHandbookforMN_09_2012.pdf 




It amounts to taking the land from the landowner: First of all, in most cases 
the buffer strip requirement doesn’t amount to much. In two counties which are 
enforcing the current buffer law – Dodge and Olmsted – county staff found that 
in the majority of cases, less than an acre of land was needed to bring 
landowners into compliance with the 50-foot buffer. 


In general, land is held in ownership as a bundle of property rights – some 
private, some public. In 1986 the state determined that the right to 
continuously till land adjacent to certain streams (waters of the state) was 
inconsistent with providing high quality streams. This affects only one of the 
land-use rights, leaving others intact: haying, hunting, turning around 
equipment, etc. 

If left untilled, the riparian buffer provides important ecosystem services, 
including wildlife habitat, fish food (insect) habitat, carbon sequestration, 
pollutant filtering and stream corridor conservation. The 50-foot buffer 
normally lies within the floodplain of the stream, meaning that the stream 
occupies this land during part of the year. Access of a stream to a natural, 
vegetated floodplain is required for stream health. Ecologically speaking, the 
floodplain is part of the stream. Streams cannot survive simply as ribbons of 
water running between dirt banks. 

Looked at another way, failure of farmers to prevent field runoff to streams 
incurs a cost on the public in the form of water quality impairments locally, 
as well as far downstream. Farmers are in effect consuming public goods by 
using streams for disposal of field runoff. In the aggregate, this cost is 
huge. The public might ask why farmers should be allowed to do this without 
compensating them. 

No compensation exists under current programs – This is not the case. Grant 
County has brought most of its landowners into compliance through extensive use 
of the Conservation Reserve Program/continuous signup. Other counties could do 
likewise. However, making the need to comply with state environmental laws 
contingent on funding is not sound policy. Farmers have long benefitted from 
taxpayer supported programs for price supports, loan guarantees, the ethanol 
mandate, crop insurance and, finally, revenue insurance. In the mid-90s the 
federal government developed a policy of “cross-compliance”, whereby farmers 
had to comply with certain minimum conservation provisions to be eligible for 
federal supports. There is no reason why states should not complement this 
approach, especially considering the extent to which farm organizations 
succeeded in weakening the intent of the 1985 farm bill, in which 
cross-compliance was introduced. 

Unfair to single out farmers – Rules affecting farmers’ right to discharge 
pollutants to public waters are fewer and weaker than rules applicable to other 
industrial sectors and government utilities. It is because many of these other 
sectors have made significant progress in reducing their pollution that 
agriculture today stands out as the state’s leading contributor of pollution to 
public waters. If anything, farmers have been singled out for favorable 
treatment. Ask any MPCA enforcement staff to compare working on feedlots 
compared to any other industrial sector. The word “sacred cow” is bound to come 
up. 


We should wait and study it further – The Agricultural BMP Handbook for 
Minnesota 2012 finds that filter strips (buffers) remove 76-91% of sediment, 
38-96% of phosphorus, etc., based on peer reviewed research. Soil conservation 
professionals are very knowledgeable about how to properly design filter 
strips, together with complementary conservation practices, to ensure optimal 
performance. Indeed, each riparian site needs to be “studied” in order to 
design the most appropriate conservation system. However, the idea that more 
research is needed to test the efficacy of buffer strips in general is 
ludicrous. 
----- Original Message -----

From: "Tom Bell" <[email protected]> 
To: [email protected] 
Sent: Wednesday, April 8, 2015 3:03:46 PM 
Subject: [mou-net] water protection 

As the MOU representative To the Minnesota Environmental Partnership (MEP) I 
urge you to contact your legislators to support the proposed buffer zone along 
our waterways to give needed protection. 

Tom Bell 
Grey Cloud Island 
5868 Pioneer Rd. S. 
St. Paul Park, MN 55071 
651-459-4150 

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