§ 105.462

In Re Kaldahl · 1988 1 citation

The Commissioner’s restoration order clearly is remedial in nature because it does nothing more than order an unlawfully altered cross-section of public water restored to its previous condition. See Minn. Stat. §§ 105.461-.462 (the Commissioner may issue restoration orders ordering individuals “to take any action necessary to restore the public waters or beds thereof to the condition existing before unlawful activities, if any, were undertaken”). The Commissioner’s authority to order restoration of altered waters and cross-sections is not necessarily conditioned on criminal liability; the Commissioner only need determine whether public waters were altered without a permit. See Minn. Stat. § 105.462.

State v. Feehan · 1987 1 citation

+ 1 more citation in this opinion.