Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 391-S.F.No. 60
An act relating to water; recodifying, clarifying, and
relocating provisions relating to water law; amending
Minnesota Statutes 1988, sections 9.071; 16B.62,
subdivision 1; 18.191; 40A.13, subdivision 1; 41.65,
subdivision 3; 84.083, by adding subdivisions; 84.91,
subdivision 4; 84.911, subdivisions 5 and 6; 85.33,
subdivision 3; 86A.05, subdivision 10; 88.43,
subdivision 2; 93.335, subdivision 1; 94.343,
subdivision 4; 97A.015, subdivision 41; 97A.071,
subdivision 4; 97A.101, subdivision 2; 97A.211,
subdivisions 1 and 2; 116D.04, subdivision 1a;
116J.70, subdivision 2a; 144.95, subdivision 4;
161.28, subdivision 1; 163.17; 272.02, subdivision 6;
273.19, subdivision 5; 295.44, subdivision 1; 355.11,
subdivisions 4 and 5; 375.471; 383A.602, subdivisions
3 and 5; 383A.604, subdivision 1; 394.25, subdivision
2; 459.20; 465.20; 469.141, subdivision 4; 469.174,
subdivision 19; 471.345, subdivision 3; 471.591,
subdivision 1; 471.98, subdivision 2; 473.191,
subdivision 2; 500.24, subdivision 3b; 609.68; and
645.44, by adding a subdivision; Minnesota Statutes
1989 Supplement, sections 18B.07, subdivision 6;
84.95, subdivision 2; 357.021, subdivision 2; and
462.357, subdivision 1; Minnesota Statutes Second 1989
Supplement, sections 272.02, subdivision 1; and
444.075, subdivision 1a; Laws 1987, chapter 404,
section 22, subdivision 7; proposing coding for new
law in Minnesota Statutes, chapters 83A; 97C; and
383B; proposing coding for new law as Minnesota
Statutes, chapters 86B; 103A; 103B; 103C; 103D; 103E;
103F; and 103G; repealing Minnesota Statutes 1988,
sections 84.031; 84.032; 84.092; 84.158; 115.091 to
115.103; 116C.40; 465.18; 473.875; 473.876; 473.877,
as amended; 473.8771; 473.878; 473.8785; 473.879;
473.881; 473.882, as amended; and 473.883, as amended;
chapters 40, as amended; 104; 105, as amended; 106A;
110, as amended; 110B, as amended; 112, as amended;
114; 114B; 361, as amended; and 378; Minnesota
Statutes 1989 Supplement, section 84.0921; Laws 1967,
chapter 907; Laws 1969, chapter 272; Laws 1971,
chapter 355; Laws 1974, chapter 111; Laws 1977,
chapter 322; and Laws 1982, chapter 627.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 103A
WATER POLICY AND INFORMATION
GENERAL PROVISIONS
Section 1. [103A.001] [EFFECT OF CHAPTER 103A ON WATER
LAW.]
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G
constitute the water law of this state and may be cited as the
water law.
WATER POLICY
Sec. 2. [103A.201] [REGULATORY POLICY.]
To conserve and use water resources of the state in the
best interests of its people, and to promote the public health,
safety, and welfare, it is the policy of the state that:
(1) subject to existing rights, public waters are subject
to the control of the state;
(2) the state, to the extent provided by law, shall control
the appropriation and use of waters of the state; and
(3) the state shall control and supervise activity that
changes or will change the course, current, or cross section of
public waters, including the construction, reconstruction,
repair, removal, abandonment, alteration, or the transfer of
ownership of dams, reservoirs, control structures, and waterway
obstructions in public waters. [105.38]
Sec. 3. [103A.202] [WETLAND POLICY.]
The legislature finds that it is in the public interest to
preserve the wetlands of the state to conserve surface waters,
maintain and improve water quality, preserve wildlife habitat,
reduce runoff, provide for floodwater retention, reduce stream
sedimentation, contribute to improved subsurface moisture,
enhance the natural beauty of the landscape, and promote
comprehensive and total water management planning. [105.392 s.
1]
Sec. 4. [103A.203] [HYDROPOWER POLICY.]
The legislature finds that:
(1) the public health, safety, and welfare of the state are
also promoted by the use of state waters to produce
hydroelectric or hydromechanical power in a manner consistent
with laws relating to dam construction, reconstruction, repair,
and maintenance; and
(2) the leasing of existing dams and potential dam sites
primarily for power generation is a valid public purpose.
[105.482 s. 8]
Sec. 5. [103A.205] [CONSERVATION POLICY FOR RAINWATER.]
It is the policy of the state to promote the retention and
conservation of all water precipitated from the atmosphere in
the areas where it falls, as far as practicable. Except as
otherwise expressly provided, all officers, departments, and
other agencies of the state or political subdivisions having any
authority or means for constructing, maintaining, or operating
dams or other works or engaging in other projects or operations
affecting precipitated water shall use the authority, as far as
practicable, to effectuate the policy in this section. [110.72]
Sec. 6. [103A.206] [SOIL AND WATER CONSERVATION POLICY.]
Improper land use practices have caused serious wind and
water erosion of the land of this state, the runoff of polluting
materials, increased costs to maintain agricultural
productivity, increased energy costs and increased flood
damage. Land occupiers have the responsibility to implement
practices to correct these conditions and conserve the soil and
water resources of the state. It is the policy of the state to
encourage land occupiers to conserve soil and water resources
through the implementation of practices that effectively reduce
or prevent erosion, sedimentation, siltation and agriculturally
related pollution in order to preserve natural resources, insure
continued soil productivity, control floods, prevent impairment
of dams and reservoirs, assist in maintaining the navigability
of rivers and harbors, preserve wildlife, protect the tax base,
and protect public lands. [40.02]
Sec. 7. [103A.207] [FLOODPLAIN MANAGEMENT POLICY.]
(a) It is the policy of this state to reduce flood damages
through floodplain management, stressing nonstructural measures
such as floodplain zoning and flood proofing, and flood warning
practices.
(b) It is the policy of this state:
(1) not to prohibit but to guide development of the
floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local
governmental units in floodplain management;
(3) to encourage local governmental units to adopt,
enforce, and administer sound floodplain management ordinances;
and
(4) to provide the commissioner of natural resources with
authority necessary to carry out a floodplain management program
for the state and to coordinate federal, state, and local
floodplain management activities in this state. [104.01 s. 3]
Sec. 8. [103A.208] [SCENIC RIVER PROTECTION POLICY.]
The legislature finds that certain of Minnesota's rivers
and their adjacent lands possess outstanding scenic,
recreational, natural, historical, scientific and similar
values. It is in the interest of present and future generations
to retain these values, and a policy of the state, and an
authorized public purpose to preserve and protect these rivers.
[104.32]
Sec. 9. [103A.209] [MARGINAL, ERODIBLE LAND RETIREMENT
POLICY.]
It is state policy to encourage the retirement of marginal,
highly erodible land, particularly land adjacent to public
waters and drainage systems, from crop production and to
reestablish a cover of perennial vegetation. [40.41]
Sec. 10. [103A.211] [WATER LAW POLICY.]
The water law of this state is contained in many statutes
that must be considered as a whole to systematically administer
water policy for the public welfare. Water law that seems
contradictory as applied to a specific proceeding creates a need
for a forum where the public interest conflicts involved can be
presented and, by consideration of the whole body of water law,
the controlling policy can be determined and apparent
inconsistencies resolved. [105.72]
DETERMINATION OF WATER LAW AND POLICY
Sec. 11. [103A.301] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 11 to 19. [105.73 s. 1]
Subd. 2. [AGENCY.] "Agency" means a state officer, board,
commission, bureau, division, or agency, other than a court,
exercising duty or authority under laws listed in section 12.
[105.73 s. 4]
Subd. 3. [BOARD.] "Board" means the board of water and
soil resources. [105.73 s. 2]
Subd. 4. [COURT.] "Court" means the district court or a
judge of the district court before whom the proceeding is
pending. [105.73 s. 5]
Subd. 5. [PROCEEDING.] "Proceeding" means a procedure
under any of the laws listed in section 12 that involves
administrative discretion or duty. [105.73 s. 3]
Subd. 6. [QUESTION OF WATER POLICY.] "Question of water
policy" means a question of water law and policy in which use,
disposal, pollution, or conservation of water is a factor in a
proceeding, including:
(1) determination of the governing policy of state law in
the proceeding and resolution of apparent inconsistencies
between different statutes; or
(2) the proper application of the policy of state law to
facts in the proceeding if application is a matter of
administrative discretion. [105.73 s. 6]
Sec. 12. [103A.305] [JURISDICTION.]
Sections 11 to 19 apply if the decision of an agency in a
proceeding involves a question of water policy in one or more of
the areas of water conservation, water pollution, preservation
and management of wildlife, drainage, soil conservation, public
recreation, forest management, and municipal planning under
section 22; article 5, sections 2 and 3; article 7, sections 22;
25; 27; 28; 29; 32, subdivisions 1 and 2; 33 to 36; 37,
subdivisions 1, 10, 11, and 12; 38; 39; sections 84.57; 97A.135;
115.04; or 115.05. [105.74]
Sec. 13. [103A.311] [PETITION FOR INTERVENTION.]
Subdivision 1. [AUTHORITY.] The board may intervene in a
proceeding if a petition is filed with the board for referral of
a question of water policy involved in the proceeding. [105.75
s. 1]
Subd. 2. [PETITION FOR INTERVENTION.] A petition for
intervention must identify the proceeding in which it is made
and state the grounds for referral in a general manner with
sufficient detail to inform interested parties of the nature of
the questions proposed to be presented to the board and the
public importance of the questions. [105.75 s. 1]
Subd. 3. [PETITIONERS AND SIGNATURES.] (a) A petition for
intervention may be made by:
(1) the applicant in the proceeding;
(2) a party to the proceeding;
(3) the governor;
(4) the agency;
(5) the commissioner or director of a division in the
department of natural resources;
(6) the head of another state department or agency;
(7) a bureau or division of the federal government with a
concern in the proceeding;
(8) an organization or group of persons with appropriate
purpose related to the proceedings; or
(9) a person the board considers representative of a
substantial segment of the state or peculiarly able to present
evidence bearing on the public interest.
(b) The petition must be:
(1) signed and verified by the petitioner or an officer of
the petitioner; or
(2) signed by the petitioner's attorney. [105.75 s. 2]
Subd. 4. [FILING PETITION.] The petition must be filed in
duplicate, one copy with the board, the other with the agency.
[105.75 s. 2]
Subd. 5. [PERIOD FOR INTERVENTION BY BOARD.] The petition
shall allow intervention in a proceeding by the board if the
petition is filed after the proceeding is initiated and before
the agency's order is made. [105.75 s. 3]
Sec. 14. [103A.315] [COURT REFERRALS.]
The court may refer a proceeding under its jurisdiction
involving a law listed in section 12 to the board by a petition
of the court directed to the board. The referral may be made in
original and appellate proceedings. A party to a proceeding may
ask the court to refer a matter to the board. On receiving a
petition for referral the board shall proceed under sections 11
to 19. [105.751]
Sec. 15. [103A.321] [PETITION ABATES PROCEEDING UNTIL
BOARD ACTS.]
A petition for intervention filed with the board abates a
proceeding until there is a recommendation by the board or until
60 days have passed after conclusion of hearing before the
board, whichever is earlier, unless the agency makes a written
finding stating reasons that the public interest requires the
board to act immediately. [105.76]
Sec. 16. [103A.325] [BOARD DECISION TO INTERVENE.]
After receiving a petition, the board must decide whether
the petition and the record made before the agency show an
important question of water policy according to rules adopted by
the board. If the board decides that there is not an important
question of water policy, the board may not intervene and the
proceeding continues in the agency as though the petition had
not been made. If the board decides there is an important
question of water policy and intervention in the public interest
is justified, the board must issue a brief statement to the
petitioner and the agency describing in general terms the
questions of water policy it will consider. [105.76]
Sec. 17. [103A.331] [HEARING, DETERMINATION.]
Subdivision 1. [HEARING.] After a petition is filed the
board must proceed expeditiously to hear, determine, and make
its recommendations on the questions it has consented to
consider. The hearings must be conducted to fully inform the
board about all aspects of the public interest in the questions
of water policy to be determined to make an impartial,
scientific, and fully considered judgment.
Subd. 2. [DETERMINATION.] (a) The recommendation of the
board is the board's decision on the question of water policy
considered by it.
(b) The ultimate question to which the board's
recommendation is directed is the proper course of action to be
followed by the agency in the proceeding in relation to
questions of water policy considered by the board.
(c) The decision of the board must be in the form of a
written recommendation to the agency. The decision must state
the controlling facts in sufficient detail to inform the
parties, the agency, and a reviewing court of the basis and
reason for the decision. [105.77]
Subd. 3. [RECOMMENDATION AS EVIDENCE.] In the proceeding
and upon judicial review, the recommendation of the board is
evidence. A certified copy is competent evidence of the
recommendation of the board. [105.77]
Sec. 18. [103A.335] [CONSENT, NOTICE AND PROCEDURE.]
Subdivision 1. [NOTICE.] A consent, notice, or
recommendation made by the board must be filed with the agency.
The filing is notice of the board's action. The board's rules
may provide for a notice, in addition to filing by mail,
posting, publication, or otherwise, to inform parties and
interested persons of the board's actions. [105.78]
Subd. 2. [SUBPOENA.] (a) To implement sections 11 to 19,
the chair of the board or a board member may subpoena witnesses,
administer oaths, and compel the production of books, records,
and other evidence.
(b) Disobedience of a subpoena, refusal to be sworn, or
refusal to answer as a witness, is punishable as a contempt of
the district court. The board or a board member must file a
complaint of the disobedience with the district court of the
county where the disobedience occurred.
(c) Witnesses receive the same fees and mileage as in civil
actions.
(d) Persons must be sworn before testifying and the right
to examine or cross-examine is the same as in civil actions.
[105.78]
Subd. 3. [HEARINGS.] Hearings must be public, conducted by
the board or an authorized board member, and affected persons
have the opportunity to be heard. The board must provide a
stenographer to take the testimony, and proceedings at the
hearings must be recorded and preserved. Hearings must be
conducted as much as practicable in the same way as civil
actions. [105.78]
Subd. 4. [POSITION OF STATE AGENCIES.] State agencies may
adopt opposite positions on the matter before the board when
full advocacy will assist in disclosing the public interest.
[105.78]
Sec. 19. [103A.341] [FINDINGS BY BOARD.]
Within 60 days of the close of a hearing the board must
make findings and recommendations based solely on the evidence
presented at the public hearing. [105.79]
WATER INFORMATION
Sec. 20. [103A.401] [STATEWIDE WATER INFORMATION SYSTEM.]
The commissioner of natural resources, in cooperation with
other state agencies including the Minnesota geologic survey,
shall establish and maintain a statewide water information
system to gather, process, and distribute information on the
availability, distribution, quality, and use of waters of the
state. Local, regional, and state governmental units and their
officers and employees shall cooperate with the commissioner to
implement and maintain the statewide water information system.
[105.39 s. 6]
Sec. 21. [103A.405] [DIRECTOR'S APPROVAL FOR FEDERAL WATER
DATA AGREEMENTS.]
A contract or agreement may not be made by a department or
agency of the state or a municipality, with the United States or
an agency or department of the United States, for the collection
of basic data pertaining to surface water or groundwater of the
state without obtaining written approval of the director.
[105.40 s. 10]
Sec. 22. [103A.411] [PUMPING TEST AND DATA ACQUISITION
TRAINING PROGRAMS.]
The commissioner shall set up a statewide training program
to provide training in the conduct of pumping tests and data
acquisition programs. [105.41 s. 1]
ARTICLE 2
CHAPTER 103B
WATER PLANNING AND PROJECT IMPLEMENTATION
Section 1. [103B.001] [EFFECT OF CHAPTER 103B ON WATER
LAW.]
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G
constitute the water law of this state and may be cited as the
water law.
BOARD OF WATER AND SOIL RESOURCES
Sec. 2. [103B.101] [BOARD OF WATER AND SOIL RESOURCES.]
Subdivision 1. [MEMBERSHIP.] The board of water and soil
resources is composed of 12 voting members knowledgeable of
water and soil problems and conditions within the state and four
ex officio nonvoting members. [110B.35 s. 1]
Subd. 2. [VOTING MEMBERS.] (a) The voting members are:
(1) three county commissioners;
(2) three soil and water conservation district supervisors;
(3) three watershed district or watershed management
organization representatives; and
(4) three citizens who are not employed by, or the
appointed or elected officials of, a governmental office, board,
or agency.
(b) Voting members must be distributed across the state
with at least three members but not more than five members from
the metropolitan area, as defined by section 473.121,
subdivision 2; and one from each of the current soil and water
conservation administrative regions.
(c) Voting members are appointed by the governor. In
making the appointments, the governor may consider persons
recommended by the association of Minnesota counties, the
Minnesota association of soil and water conservation districts,
and the Minnesota association of watershed districts. The list
submitted by an association must contain at least three nominees
for each position to be filled.
(d) The membership terms, compensation, removal of members
and filling of vacancies on the board for voting members are as
provided in section 15.0575. [110B.35 s. 2]
Subd. 3. [EX OFFICIO NONVOTING MEMBERS.] The following
shall each provide one nonvoting member to the board:
(1) department of agriculture;
(2) department of health;
(3) department of natural resources;
(4) pollution control agency; and
(5) University of Minnesota. [110B.35 s. 3]
Subd. 4. [EMPLOYEES.] The board may employ an executive
director in the unclassified service and other permanent and
temporary employees in accordance with chapter 43A. The board
may prescribe the powers and duties of its officers and
employees and may authorize its employees and members of the
board to act on behalf of the board. [110B.35 s. 4]
Subd. 5. [OFFICERS.] The governor shall appoint a chair
from among the voting members of the board with the advice and
consent of the senate. The board shall elect a vice-chair and
any other officers that it considers necessary from its
membership. [110B.35. s. 5]
Subd. 6. [QUORUM.] A majority of the board is a quorum.
[110B.35 s. 5]
Subd. 7. [HEARINGS AND RULEMAKING.] The board may hold
public hearings and adopt rules necessary to execute its
duties. [110B.35 s. 5]
Subd. 8. [ADMINISTRATIVE SERVICES.] The commissioner of
administration shall provide and make available within the
department of agriculture suitable and adequate office
facilities and space for the board. The commissioner of
agriculture shall provide and make available administrative
services required by the board in the administration of its
functions. [110B.35 s. 6]
Subd. 9. [DUTIES.] In addition to the powers and duties
prescribed elsewhere, the board shall:
(1) coordinate the water and soil resources planning
activities of counties, soil and water conservation districts,
watershed districts, watershed management organizations, and any
other local units of government through its various authorities
for approval of local plans, administration of state grants, and
by other means as may be appropriate;
(2) facilitate communication and coordination among state
agencies in cooperation with the environmental quality board,
and between state and local units of government, in order to
make the expertise and resources of state agencies involved in
water and soil resources management available to the local units
of government to the greatest extent possible;
(3) coordinate state and local interests with respect to
the study in southwestern Minnesota under United States Code,
title 16, section 1009;
(4) develop information and education programs designed to
increase awareness of local water and soil resources problems
and awareness of opportunities for local government involvement
in preventing or solving them;
(5) provide a forum for the discussion of local issues and
opportunities relating to water and soil resources management;
(6) adopt an annual budget and work program that integrate
the various functions and responsibilities assigned to it by
law; and
(7) report to the governor and the legislature by October
15 of each even-numbered year with an assessment of board
programs and recommendations for any program changes and board
membership changes necessary to improve state and local efforts
in water and soil resources management. [110B.35 s. 7]
Subd. 10. [COMMITTEE FOR DISPUTE RESOLUTION.] A committee
of the board is established to hear and resolve disputes,
appeals, and interventions under sections 11, subdivision 9, and
26; article 1, sections 11 to 19; and article 4, section 40.
The committee consists of the three citizen members specified in
subdivision 2, paragraph (a), clause (4), and two additional
members appointed by the board chair. [110B.35 s. 8]
Subd. 11. [ENGINEERING WORK AND APPEARANCES AT HEARINGS BY
DIRECTOR.] The director of the division of waters of the
department of natural resources shall perform engineering work
requested by the board of water and soil resources and shall
appear in all hearings and proceedings before the board of water
and soil resources affecting waters within the state. [105.40
s. 7]
STATEWIDE WATER RESOURCE PLANNING
Sec. 3. [103B.151] [COORDINATION OF WATER RESOURCE
PLANNING.]
Subdivision 1. [WATER PLANNING.] The environmental quality
board shall:
(1) coordinate public water resource management and
regulation activities among the state agencies having
jurisdiction in the area;
(2) initiate, coordinate, and continue to develop
comprehensive long-range water resources planning in furtherance
of the plan adopted by the water planning board entitled "A
Framework for a Water and Related Land Resources Strategy for
Minnesota, 1979" including a new plan and strategy by November
15, 1990, and each five-year interval afterwards;
(3) coordinate water planning activities of local,
regional, and federal bodies with state water planning and
integrate these plans with state strategies;
(4) coordinate development of state water policy
recommendations and priorities, and a recommended program for
funding identified needs, including priorities for implementing
the state water resources monitoring plan;
(5) in cooperation with state agencies participating in the
monitoring of water resources, develop a plan for monitoring the
state's water resources;
(6) administer federal water resources planning with
multiagency interests;
(7) ensure that groundwater quality monitoring and related
data is provided and integrated into the Minnesota land
management information system according to published data
compatibility guidelines. Costs of integrating the data in
accordance with data compatibility standards must be borne by
the agency generating the data;
(8) identify water resources information and education
needs, priorities, and goals and prepare an implementation plan
to guide state activities relating to water resources
information and education;
(9) coordinate the development and evaluation of water
information and education materials and resources; and
(10) coordinate the dissemination of water information and
education through existing delivery systems. [116C.41 s. 1]
Subd. 2. [GOVERNOR'S REPRESENTATIVE.] The environmental
quality board chair shall represent the governor on interstate
water resources organizations. [116C.41 s. 3]
Subd. 3. [CONSISTENCY OF STATE INFORMATION ACTIVITIES.]
State agency information and education activities must be
consistent with the implementation plan required under
subdivision 1, clause (8).
Sec. 4. [103B.155] [STATE WATER AND RELATED LAND RESOURCE
PLAN.]
The commissioner of natural resources, in cooperation with
other state and federal agencies, regional development
commissions, the metropolitan council, local governmental units,
and citizens, shall prepare a statewide framework and assessment
water and related land resources plan for presentation to the
legislature by November 15, 1975, for its review and approval or
disapproval. This plan must relate each of the programs of the
department of natural resources for specific aspects of water
management to the others. The statewide plan must include:
(1) regulation of improvements and land development by
abutting landowners of the beds, banks, and shores of lakes,
streams, watercourses, and marshes by permit or otherwise to
preserve them for beneficial use;
(2) regulation of construction of improvements on and
prevention of encroachments in the flood plains of the rivers,
streams, lakes, and marshes of the state;
(3) reclamation or filling of wet and overflowed lands;
(4) repair, improvement, relocation, modification or
consolidation in whole or in part of previously established
public drainage systems within the state;
(5) preservation of wetland areas;
(6) management of game and fish resources as related to
water resources;
(7) control of water weeds;
(8) control or alleviation of damages by flood waters;
(9) alteration of stream channels for conveyance of surface
waters, navigation, and any other public purposes;
(10) diversion or changing of watercourses in whole or in
part;
(11) regulation of the flow of streams and conservation of
their waters;
(12) regulation of lake water levels;
(13) maintenance of water supply for municipal, domestic,
industrial, recreational, agricultural, aesthetic, wildlife,
fishery, or other public use;
(14) sanitation and public health and regulation of uses of
streams, ditches, or watercourses to dispose of waste and
maintain water quality;
(15) preventive or remedial measures to control or
alleviate land and soil erosion and siltation of affected
watercourses or bodies of water; and
(16) regulation of uses of water surfaces. [105.403]
METROPOLITAN SURFACE WATER MANAGEMENT
Sec. 5. [103B.201] [METROPOLITAN WATER MANAGEMENT PROGRAM
PURPOSE.]
The purpose of the water management programs required by
sections 6 to 16 is to protect, preserve and use natural surface
and ground water storage and retention systems in order to:
(1) reduce to the greatest practical extent the public
capital expenditures necessary to control excessive volumes and
rates of runoff;
(2) protect and improve surface and ground water quality;
(3) prevent flooding and erosion from surface flows;
(4) promote groundwater recharge;
(5) protect and enhance fish and wildlife habitat and water
recreational facilities; and
(6) secure the other benefits associated with the proper
management of surface and ground water. [473.875]
Sec. 6. [103B.205] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 7 to 16. [473.876 s. 1]
Subd. 2. [BOARD.] "Board" means the board of water and
soil resources unless the context indicates otherwise. [473.876
s. 1a]
Subd. 3. [CAPITAL IMPROVEMENT PROGRAM.] "Capital
improvement program" means an itemized program for at least a
five year prospective period, and any amendments to it, subject
to at least biennial review, setting forth the schedule, timing,
and details of specific contemplated capital improvements by
year, together with their estimated cost, the need for each
improvement, financial sources, and the financial effect that
the improvements will have on the local government unit or
watershed management organization. [473.876 s. 2]
Subd. 4. [GROUNDWATER PLAN.] "Groundwater plan" means a
county plan adopted under section 16. [473.876 s. 2a]
Subd. 5. [GROUNDWATER SYSTEM.] "Groundwater system" means
one of the 14 principal aquifers of the state as defined by the
United States Geological Survey in the Water-Resources
Investigations 81-51, entitled "Designation of Principal Water
Supply Aquifers in Minnesota" (August 1981), and its revisions.
[473.876 s. 2b]
Subd. 6. [LOCAL COMPREHENSIVE PLAN.] "Local comprehensive
plan" has the meaning given it in section 473.852, subdivision
5. [473.876 s. 3]
Subd. 7. [LOCAL GOVERNMENT UNIT.] "Local government unit"
or "local unit" has the meaning given it in section 473.852.
[473.876 s. 4]
Subd. 8. [METROPOLITAN AREA.] "Metropolitan area" has the
meaning given in section 473.121, subdivision 2.
Subd. 9. [MINOR WATERSHED UNITS.] "Minor watershed units"
means the drainage areas identified and delineated as such
pursuant to Laws 1977, chapter 455, section 33, subdivision
7(a). [473.876 s. 5]
Subd. 10. [OFFICIAL CONTROLS.] "Official controls" has the
meaning given it in section 473.852. [473.876 s. 6]
Subd. 11. [WATERSHED.] "Watershed" means a drainage area
having boundaries which are substantially coterminous with those
of an aggregation of contiguous minor watershed units possessing
similar drainage patterns and which cross the borders of two or
more local government units. [473.876 s. 7]
Subd. 12. [WATERSHED DISTRICT.] "Watershed district" means
a district established under chapter 103D. [473.876 s. 8]
Subd. 13. [WATERSHED MANAGEMENT ORGANIZATION.] "Watershed
management organization" or "organization" means a watershed
district wholly within the metropolitan area or a joint powers
entity established wholly or partly within the metropolitan area
by special law or by agreement that performs some or all of the
functions of a watershed district for a watershed and that has
the characteristics and the authority specified under section
7. Lake improvement or conservation districts are not watershed
management organizations. [473.876 s. 9]
Sec. 7. [103B.211] [JOINT POWERS WATERSHED MANAGEMENT
ORGANIZATION.]
Subdivision 1. [AUTHORITY.] Any agreement under section
471.59 to jointly or cooperatively manage or plan for the
management of surface water in a watershed delineated pursuant
to subdivision 2, as required by sections 6 to 16, may provide,
in addition to other provisions authorized by section 471.59,
for a joint board having:
(1) the authority to prepare, adopt, and implement a plan
for the watershed meeting the requirements of section 11;
(2) the authority to review and approve local water
management plans as provided in section 12;
(3) the authority of a watershed district under chapter
103D to regulate the use and development of land in the
watershed when one or more of the following conditions exists:
(i) the local government unit exercising planning and
zoning authority over the land under sections 366.10 to 366.19,
394.21 to 394.37, or 462.351 to 462.364, does not have a local
water management plan approved and adopted in accordance with
the requirements of section 12 or has not adopted the
implementation program described in the plan;
(ii) an application to the local government unit for a
permit for the use and development of land requires an amendment
to or variance from the adopted local water management plan or
implementation program of the local unit; or
(iii) the local government unit has authorized the
organization to require permits for the use and development of
land;
(4) the authority of a watershed district under article 4,
section 49, to accept the transfer of drainage systems in the
watershed, to repair, improve, and maintain the transferred
drainage systems, and to construct all new drainage systems and
improvements of existing drainage systems in the watershed,
provided that projects may be carried out under the powers
granted in chapters 103D, 103E, or sections 6 to 16, and that
proceedings of the board with respect to the systems must be in
conformance with the watershed plan adopted under section 11;
and
(5) other powers necessary to exercise the authority under
clauses (1) to (3), including the power to enter into contracts
for the performance of functions with governmental units or
persons. [473.877 s. 1]
Subd. 2. [REVIEW OF WATERSHED BOUNDARIES.] Before
commencing planning under section 11, a watershed management
organization established pursuant to section 471.59 and this
section shall submit a map delineating the boundaries of the
watershed to the board of water and soil resources for review
and comment on the conformance of the boundaries with the
requirements of sections 6 to 16. The board shall have 60 days
to comment. [473.877 s. 2]
Subd. 3. [JURISDICTION OVER NONMEMBERS.] (a) A watershed
management organization established by agreement pursuant to
subdivision 1 may exercise the authority provided in the
agreement throughout the watershed delineated, including
territory in statutory and home rule charter cities and towns
that are not members of the organization, if the cities and
towns that are not members consent to the exercise of authority
within their jurisdictions and if the membership of the
organization includes:
(1) the county or counties having jurisdiction over all of
the territory of the watershed that is within the cities and
towns that are not members of the organization; and
(2) either cities and towns having jurisdiction over at
least 50 percent of the land area of the watershed and
comprising at least three-quarters of all of the cities and
towns having territory in the watershed, or cities and towns
having jurisdiction over at least 75 percent of the land area of
the watershed.
(b) The county or counties identified in paragraph (a),
clause (1), are responsible for watershed management activities
and may exercise authority under sections 6 to 16 in and for
consenting cities and towns that are not members of the
organization. [473.877 s. 3]
Subd. 4. [APPROPRIATIONS FROM SMALL WATERCOURSES.] (a)
This subdivision applies in Hennepin and Ramsey counties to the
following public waters:
(1) a public water basin or wetland wholly within the
county that is less than 500 acres; or
(2) a protected watercourse that has a drainage area of
less than 50 square miles.
(b) An appropriation of water that is below the minimum
established in article 7, section 27, subdivision 4, for a
nonessential use, as defined under article 7, section 31, is
prohibited unless a permit is obtained from the watershed
district or watershed management organization having
jurisdiction over the public water basin, wetland, or
watercourse. The watershed district or watershed management
organization may impose a fee to cover the cost of issuing the
permit. This subdivision must be enforced by the home rule
charter or statutory city where the appropriation occurs.
Violation of this subdivision is a petty misdemeanor, except
that a second violation within a year is a misdemeanor.
Affected cities shall mail notice of this law to affected
riparian landowners. [473.877 s. 4]
Subd. 5. [APPROPRIATIONS FROM SMALL WATERCOURSES.] This
subdivision applies in Hennepin and Ramsey counties to the
following public waters:
(1) a public water basin or wetland wholly within the
county that is less than 500 acres; or
(2) a protected watercourse that has a drainage area of
less than 50 square miles.
An appropriation of water that is below the minimum
established in article 7, section 27, subdivision 4, for a
nonessential use, as defined in article 7, section 31, is
prohibited unless a permit is obtained from the watershed
district or watershed management organization having
jurisdiction over the public water basin, wetland, or
watercourse. The watershed district or watershed management
organization may impose a fee to cover the cost of issuing the
permit. This subdivision must be enforced by the home rule
charter or statutory city where the appropriation occurs.
Violation of this subdivision is a petty misdemeanor, except
that a second violation within a year is a misdemeanor.
Affected cities shall mail notice of this law to adjoining
landowners. [473.877 s. 5]
Sec. 8. [103B.215] [BOUNDARY CHANGE OF WATERSHED
DISTRICTS.]
Subdivision 1. [PROCEDURE.] The boundaries of a watershed
district wholly within the metropolitan area may be changed
pursuant to this section or chapter 103D. [473.8771 s. 1]
Subd. 2. [PETITION.] (a) The governing board of a
watershed management organization may petition the board of
water and soil resources for an order changing the boundaries of
a watershed district wholly within the metropolitan area, by
adding new territory to the district or by transferring
territory that is within the district to the jurisdiction of
another watershed management organization.
(b) The petition must:
(1) describe with particularity the change in boundary
requested, the territory affected, and the reasons for the
change;
(2) show that the change is consistent with the purposes
and requirements of sections 6 to 16; and
(3) identify property subject to section 10.
(c) The petition must be accompanied by a written statement
of concurrence in the petition from the governing body of each
statutory or home rule charter city and town and each watershed
management organization having jurisdiction over the territory
proposed to be added or transferred. [473.8771 s. 1]
Subd. 3. [NOTICE.] (a) Upon the filing of a sufficient
petition, the board shall give notice of the filing of the
petition by publication once each week for two successive weeks
in a legal newspaper in each county affected and by mail to the
county auditor of each county affected and to the chief official
of each statutory or home rule charter city and township
affected.
(b) The notice must describe the action proposed by the
petition and invite written comments on the petition for
consideration by the board. The notice must announce that any
person who objects to the action proposed in the petition may
submit a written request for hearing to the board within 20 days
of the last publication of the notice of the filing of the
petition, and that if no timely request for hearing is received
the board will make a decision on the petition pursuant to this
subdivision without conducting the public hearing required under
chapter 103D. [473.8771 s. 1]
Subd. 4. [DECISION ON PETITION.] (a) If a timely request
for hearing is not received, the board shall make a decision on
the petition without a hearing within 30 days after the last
publication of the notice.
(b) If one or more timely requests for hearing are received
the board shall hold a hearing on the petition and shall follow
the procedures in chapter 103D regarding notice and conduct of
hearings.
(c) After completing the procedures required by this
subdivision, the board shall, by its findings and order, make
the boundary change requested if the board determines that:
(1) the governing body of each statutory or home rule
charter city and town and each watershed management organization
having jurisdiction over the territory proposed to be added or
transferred concurs in the petition;
(2) the change is consistent with the purposes and
requirements of sections 6 to 16; and
(3) the change can be accomplished in conformance with
section 10.
(d) The board shall file a certified copy of the findings
and order with the secretary of state. The order making the
change must conform to section 10. The order making the change
may amend the order prescribing the distribution of managers of
the district. [473.8771 s. 1]
Sec. 9. [103B.221] [TERMINATION OF WATERSHED DISTRICT.]
Subdivision 1. [PROCEDURE.] A watershed district wholly
within the metropolitan area may be terminated pursuant to this
section or chapter 103D. [473.8771 s. 2]
Subd. 2. [PETITION.] Proceedings for termination under
this subdivision must be initiated by a petition to the board of
water and soil resources filed jointly by the governing bodies
of all statutory and home rule charter cities and towns having
jurisdiction over territory within the watershed. [473.8771 s.
2]
Subd. 3. [HEARING.] Upon the filing of a sufficient
petition, the board shall hold a hearing in accordance with the
procedures prescribed in chapter 103D, to take testimony on the
determinations required to be made by the board. [473.8771 s.
2]
Subd. 4. [DETERMINATION AND ORDER.] (a) Following the
hearing, the board shall, by its findings and order, terminate
the district as requested if the board determines:
(1) that the local units of government having jurisdiction
over territory within the watershed have formed a joint powers
organization for the watershed pursuant to section 7;
(2) that upon termination of the district the members of
the joint powers organization, jointly or severally, are willing
and able to assume ownership of the district's assets and the
responsibility for managing and maintaining the district's
projects as necessary to accomplish the purposes of sections 6
to 16 and to implement the watershed plan of the joint powers
organization to be developed pursuant to section 11; and
(3) that the termination can be accomplished in conformance
with section 10.
(b) The board shall file a certified copy of the findings
and order with the secretary of state. The order terminating
the district must transfer the assets of the district to the
joint powers organization or its members. The order must
conform to section 10. [473.8771 s. 2]
Sec. 10. [103B.225] [BOUNDARY CHANGE AND TERMINATION
EFFECT ON BENEFITS AND DAMAGES.]
(a) The addition or transfer of property or termination of
a district under sections 8 and 9 must not affect the benefits
or damages for any improvement previously constructed by the
district having jurisdiction over the property before the
board's order takes effect. The property affected is and
remains liable for its proper share of any outstanding
indebtedness of the watershed district applying to the property
before the board's order, and levies and assessments for the
indebtedness continue in force until the debt is fully paid.
(b) In order to satisfy the requirements of this section,
the board may prescribe conditions on the boundary change or
termination or may prescribe a later effective date for the
termination of specified powers of a watershed district.
[473.8771 s. 3]
Sec. 11. [103B.231] [WATERSHED PLANS.]
Subdivision 1. [REQUIREMENT.] A watershed management plan
is required for watersheds comprising all minor watershed units
within the metropolitan area. For the purposes of this section
a minor watershed unit is considered within the metropolitan
area if more than 90 percent of its area is within the
metropolitan area. The watershed management plan must be
prepared, adopted, and implemented in accordance with the
requirements of sections 6 to 16. [473.878 s. 1]
Subd. 2. [OPTIONAL PARTICIPATION.] Local government units,
within or outside of the metropolitan area, having territory
that is not subject to the requirements of this section but that
is within a watershed part of which is subject to the
requirements of this section, may enter into an agreement under
section 7. A local government unit that enters into an
agreement under this subdivision has the duties imposed and the
authority granted in sections 6 to 16. [473.878 s. 1a]
Subd. 3. [RESPONSIBLE UNITS.] (a) Where a watershed
management organization exists, the plan for the watershed must
be prepared and adopted by the organization.
(b) If a watershed management organization is not
established by July 1, 1985, for any minor watershed unit
located wholly outside of Hennepin and Ramsey counties, the
county or counties containing the watershed unit shall prepare,
adopt and implement the watershed plan and for this purpose the
county or counties have the planning, review, permitting, and
financing authority of a watershed management organization
specified in sections 7 to 16.
(c) If a watershed management organization is not
established by July 1, 1985, for any minor watershed unit within
the metropolitan area and wholly or partly within Hennepin or
Ramsey counties, the county or counties containing the watershed
unit shall petition for the establishment of a watershed
district under chapter 103D provided, however, that a district
established pursuant to a petition:
(1) may not cross a primary river or a river forming the
boundary between a metropolitan county and a county outside the
metropolitan area;
(2) must have boundaries that are based upon negotiations
among all local government units that may have territory within
the district and adjacent watersheds; and
(3) may not cross county boundaries to include territory
whose distinguishing characteristic is multiple drainage points
into a primary river.
(d) A watershed management organization may request a
county to prepare all or part of a plan.
(e) A county may delegate the preparation of all or part of
a plan to the county soil and water conservation district.
(f) Upon request of a statutory or home rule charter city
or town, a county may delegate the preparation of all or part of
a plan to the city or town. [473.878 s. 2]
Subd. 4. [GENERAL STANDARDS.] (a) The watershed management
plan must extend through the year 1990 or any later year that is
evenly divisible by five.
(b) The plan must be updated before the expiration of the
period covered by the plan. The plan must be reviewed for
consistency with an adopted county groundwater plan, and revised
as necessary, whenever the watershed plan undergoes substantial
revision or updating. In counties that adopt or amend
groundwater plans within five years following August 1, 1987,
watershed plans must be reviewed for consistency with the county
groundwater plan, and revised as necessary, not later than six
years following August 1, 1987. In counties that adopt or amend
groundwater plans after five years following August 1, 1987,
watershed plans must be reviewed for consistency with the county
groundwater plan, and revised as necessary, not later than one
year following the adoption or amendment of the groundwater
plan. Upon the request of a watershed management organization,
the county shall provide a written statement that:
(1) identifies any substantial inconsistencies between the
watershed plan and the groundwater plan and any substantial
adverse effects of the watershed plan on the groundwater plan;
and
(2) evaluates, estimates the cost of, and recommends
alternatives for amending the watershed plan to rectify any
substantial inconsistencies and adverse effects.
(c) The plan shall contain the elements required by
subdivision 6. Each element shall be set out in the degree of
detail and prescription necessary to accomplish the purposes of
sections 6 to 16, considering the character of existing and
anticipated physical and hydrogeologic conditions, land use, and
development and the severity of existing and anticipated water
management problems in the watershed.
(d) The plan shall be prepared and submitted for review
under subdivision 7 not later than December 31, 1986.
(e) Existing plans of a watershed management organization
shall remain in force and effect until amended or superseded by
plans adopted under sections 6 to 16. Existing or amended plans
of a watershed management organization which meet the
requirements of sections 6 to 16 may be submitted for review
under subdivision 7. [473.878 s. 3]
Subd. 5. [ADDITIONAL ORGANIZATIONS.] (a) Any portion of
the metropolitan area that is not in a watershed management
organization by July 1, 1985, as required by subdivision 3, has
until July 1, 1986, to form an organization.
(b) Notwithstanding the requirements of subdivision 4, a
watershed management organization formed under this subdivision
has until December 31, 1987, to prepare and submit a plan for
review. [473.878 s. 3a]
Subd. 6. [CONTENTS.] The plan shall:
(1) describe the existing physical environment, land use,
and development in the area and the environment, land use, and
development proposed in existing local and metropolitan
comprehensive plans;
(2) present information on the hydrologic system and its
components, including drainage systems previously constructed
under chapter 103E, and existing and potential problems related
thereto;
(3) state objectives and policies, including management
principles, alternatives and modifications, water quality, and
protection of natural characteristics;
(4) set forth a management plan, including the hydrologic
and water quality conditions that will be sought and significant
opportunities for improvement;
(5) describe the effect of the plan on existing drainage
systems;
(6) describe conflicts between the watershed plan and
existing plans of local government units;
(7) set forth an implementation program consistent with the
management plan, which includes a capital improvement program
and standards and schedules for amending the comprehensive plans
and official controls of local government units in the watershed
to bring about conformance with the watershed plan; and
(8) set out a procedure for amending the plan. [473.878 s.
4]
Subd. 7. [LOCAL REVIEW.] (a) Upon completion of the plan
but before final adoption by the organization, the organization
must submit the plan for review and comment to all counties,
soil and water conservation districts, towns, and statutory and
home rule charter cities having territory within the watershed.
A local government unit that expects that substantial amendment
of its local comprehensive plan will be necessary to bring local
water management into conformance with the watershed plan must
describe as specifically as possible, within its comments, the
amendments to the local plan that it expects will be necessary.
If the county has a groundwater plan, the county must review and
comment on the consistency of the watershed plan with the county
groundwater plan. Differences among local governmental agencies
regarding the plan must be mediated.
(b) Sixty days after the submission to local government
units for comment, the organization shall submit the plan, any
comments received, and any appropriate amendments to the plan,
to the board of the county or counties having territory within
the watershed. The county shall approve or disapprove projects
in the capital improvement program which may require the
provision of county funds pursuant to section 15 or article 4,
section 68, subdivision 2. The county has 60 days to complete
its review of the capital improvement program. If the county
fails to complete its review within the prescribed period,
unless an extension is agreed to by the organization the program
shall be deemed approved. If the watershed extends into more
than one county and one or more counties disapprove of all or
part of a capital improvement program while the other county or
counties approve, the program shall be submitted to the board of
water and soil resources for review pursuant to subdivision 9.
[473.878 s. 5]
Subd. 8. [REVIEW BY METROPOLITAN COUNCIL.] After
completion of the review under subdivision 7, the plan and all
comments received shall be submitted to the metropolitan council
for review. Notwithstanding any provision to the contrary in
article 4, sections 30 and 31, and section 473.165, the council
shall review the plan in the same manner and with the same
authority and effect as provided for the council's review of the
comprehensive plans of local government units under section
473.175. The council shall comment on the apparent conformity
with metropolitan system plans of any anticipated amendments to
local comprehensive plans. The council may mediate and attempt
to resolve differences among local governmental agencies
regarding the plan. [473.878 s. 6]
Subd. 9. [REVIEW BY STATE AGENCIES.] After completion of
the review under subdivision 8, the plan and all comments
received shall be submitted to the commissioners of natural
resources, health, and the pollution control agency for review
and comment on the consistency of the plan with state laws and
rules relating to water and related land resources, and to the
board of water and soil resources for review under article 4,
sections 30 and 31. Except as otherwise provided in this
subdivision, the board of water and soil resources shall review
the plan as provided in article 4, sections 30 and 31. The
board shall review the plan for conformance with the
requirements of chapter 103D and sections 6 to 16. The board
shall not prescribe a plan, but may disapprove all or parts of a
plan which it determines is not in conformance with the
requirements of chapter 103D and sections 6 to 16. If the
capital improvement program is the subject of a dispute between
counties, the board of water and soil resources shall make a
final decision on the issue. The decision shall be binding on
the organization and the counties involved. [473.878 s. 7]
Subd. 10. [ADOPTION AND IMPLEMENTATION.] The organization
shall adopt and implement its plan within 120 days after
compliance with the provisions of subdivision 9 and approval of
the plan by the board of water and soil resources. A watershed
district may implement its approved plan and approved capital
improvement program by resolution of the majority of the board
of managers and without respect to the provisions of chapter
103D requiring the managers to wait upon petitions for projects,
to submit projects for review by the board of water and soil
resources, and to limit the cost and purposes of projects.
[473.878 s. 8]
Subd. 11. [AMENDMENTS.] To the extent and in the manner
required by the adopted plan, all amendments to the adopted plan
shall be submitted to the towns, cities, county, and other
agencies for review in accordance with the provisions of
subdivisions 7, 8, and 9. Amendments necessary to revise the
plan to be consistent with the county groundwater plan, as
required by subdivision 4, must be submitted for review in
accordance with subdivisions 7, 8, and 9. [473.878 s. 9]
Sec. 12. [103B.235] [LOCAL WATER MANAGEMENT PLANS.]
Subdivision 1. [REQUIREMENT.] (a) After the watershed plan
is approved and adopted, or amended, pursuant to section 11, the
local government units having land use planning and regulatory
responsibility for territory within the watershed shall prepare
or cause to be prepared a local water management plan, capital
improvement program, and official controls as necessary to bring
local water management into conformance with the watershed plan
within the time period prescribed in the implementation program
of the watershed plan and, as necessary, shall prepare or cause
to be prepared amendments to the local comprehensive plan.
(b) Each town within the counties of Anoka, Carver, Dakota,
Scott, and Washington authorized by general or special law to
plan and regulate the use of land under sections 462.351 to
462.364 shall by resolution determine whether to prepare the
local water management plan itself or to delegate all or part of
the preparation of the plan to the county.
(c) Towns within counties that have adopted comprehensive
plans applicable to the town must use county preparation of
their plan to the maximum extent possible. [473.879 s. 1]
Subd. 2. [CONTENTS.] Each local plan, in the degree of
detail required in the watershed plan, shall:
(1) describe existing and proposed physical environment and
land use;
(2) define drainage areas and the volumes, rates, and paths
of stormwater runoff;
(3) identify areas and elevations for stormwater storage
adequate to meet performance standards established in the
watershed plan;
(4) define water quality and water quality protection
methods adequate to meet performance standards established in
the watershed plan;
(5) identify regulated areas; and
(6) set forth an implementation program, including a
description of official controls and, as appropriate, a capital
improvement program. [473.879 s. 2]
Subd. 3. [REVIEW.] After consideration but before adoption
by the governing body, each local unit shall submit its water
management plan to the watershed management organization for
review for consistency with the watershed plan adopted pursuant
to section 11. The organization shall approve or disapprove the
local plan or parts of the plan. The organization shall have 60
days to complete its review. If the organization fails to
complete its review within the prescribed period, the local plan
shall be deemed approved unless an extension is agreed to by the
local unit. [473.879 s. 3]
Subd. 4. [ADOPTION AND IMPLEMENTATION.] After approval of
the local plan by the organization, the local government unit
shall adopt and implement its plan within 120 days and shall
amend its official controls accordingly within 180 days.
[473.879 s. 4]
Subd. 5. [AMENDMENTS.] To the extent and in the manner
required by the organization, all amendments to local water
management plans shall be submitted to the organization for
review and approval in accordance with the provisions of
subdivision 3 for the review of plans. [473.879 s. 5]
Sec. 13. [103B.241] [LEVY.]
A levy to pay the increased costs to a local government
unit or watershed management organization of implementing
sections 11 and 12 or to pay costs of improvements and
maintenance of improvements identified in an approved and
adopted plan shall be in addition to any other taxes authorized
by law and shall be disregarded in the calculation of per capita
limits on taxes imposed by section 275.11, except levies
pursuant to section 15, subdivision 9. Notwithstanding any
provision to the contrary in chapter 103D, a watershed district
may levy a tax sufficient to pay the increased costs to the
district of implementing sections 11 and 12. The proceeds of
any tax levied under this section shall be deposited in a
separate fund and expended only for the purposes authorized by
this section. [473.881]
Sec. 14. [103B.245] [SPECIAL TAX DISTRICT.]
Subdivision 1. [WATERSHED MANAGEMENT TAX DISTRICT.] Any
local government unit planning for water management under
sections 11 and 12 may establish a watershed management tax
district in the territory within the watershed, for the purpose
of paying the costs of the planning required under sections 11
and 12. Any local government unit which has part of its
territory within a watershed for which a plan has been adopted
in accordance with section 11 and which has a local water
management plan adopted in accordance with section 12 may
establish a watershed management tax district in the territory
within the watershed or a minor watershed unit in the watershed,
for the purpose of paying capital costs of the water management
facilities described in the capital improvement program of the
plans and for the purpose of paying for normal and routine
maintenance of the facilities. A county or counties required by
section 11, subdivision 3, to prepare, adopt, and implement a
watershed plan shall apportion the costs of planning, capital
improvements, and maintenance proportionate to benefits. The
county may apportion the costs among the minor watershed units
in the watershed, or among the statutory and home rule charter
cities and towns having territory in the watershed, and for this
purpose may establish more than one watershed management tax
district in the watershed. [473.882 s. 1]
Subd. 2. [PROCEDURE.] The district shall be established by
ordinance adopted after a hearing. Notice of the time, place,
and purpose of the hearing shall be published for two successive
weeks in the official newspaper of the local government unit,
ending at least seven days before the day of the hearing. The
ordinance shall describe with particularity the territory or
area to be included in the district. After adoption, the
ordinance shall be filed with the county auditor and county
recorder. The district may be dissolved by following the
procedures prescribed for the establishment of the district.
[473.882 s. 2]
Subd. 3. [TAX.] After adoption of the ordinance under
subdivision 2, a local government unit may annually levy a tax
on all taxable property in the district for the purposes for
which the tax district is established. The tax may not exceed
0.02418 percent of market value on taxable property located in
rural towns other than urban towns, unless allowed by resolution
of the town electors. The proceeds of the tax shall be paid
into a fund reserved for these purposes. Any proceeds remaining
in the reserve fund at the time the tax is terminated or the
district is dissolved shall be transferred and irrevocably
pledged to the debt service fund of the local unit to be used
solely to reduce tax levies for bonded indebtedness of taxable
property in the district. [473.882 s. 3]
Subd. 4. [BONDS.] After adoption of the ordinance under
subdivision 2, and after a contract for the construction of all
or part of an improvement has been entered into or the work has
been ordered done by day labor, the local government unit may
issue obligations in the amount it deems necessary to pay in
whole or in part the capital cost incurred and estimated to be
incurred in making the improvement. The obligations shall be
payable out of the proceeds of the tax levied pursuant to
subdivision 3. The local unit may by resolution of its
governing body adopted prior to the sale of obligations pledge
the full faith, credit and taxing power of the local unit to
assure payment of the principal and interest in the event the
proceeds of the tax levy in the district are insufficient to pay
principal and interest. The amount of any taxes which are
required to be levied outside of the territory of the tax
district or taken from the general funds of the local unit to
pay principal and interest on the obligations shall be
reimbursed to the local unit from taxes levied within the
territory of the tax district. Obligations shall be issued in
accordance with chapter 475, except that an election is not
required and the amount of any obligations shall not be included
in determining the net indebtedness of the local unit under the
provisions of any law or charter limiting indebtedness.
[473.882 s. 4]
Sec. 15. [103B.251] [CAPITAL IMPROVEMENTS BY WATERSHED
MANAGEMENT ORGANIZATIONS.]
Subdivision 1. [GENERAL AUTHORITY.] The authority provided
to watershed districts in this section is in addition to the
authority provided in chapter 103D. A watershed management
organization which has adopted a watershed plan in accordance
with section 11 may certify for payment by the county as
provided in this section all or any part of the cost of a
capital improvement contained in the capital improvement program
of the plan. [473.883 s. 1]
Subd. 2. [COUNTY BOARD TO RECEIVE PLAN FOR IMPROVEMENT.] A
copy of the plan for the improvement shall be forwarded to the
county board. [473.883 s. 2]
Subd. 3. [IMPROVEMENT HEARING NOTICE.] (a) The
organization shall then hold a public hearing on the proposed
improvement, following publication once each week for two
successive weeks before the date of the hearing in a legal
newspaper published in the county or counties in which a part or
all of the affected waters and lands are located. The last
publication shall occur not more than 30 days nor less than ten
days before the hearing.
(b) The notice shall state the time and place of hearing,
the general nature of the proposed improvement, the estimated
cost, and the method by which the cost of the improvement is to
be paid, including the cost to be allocated to each county or
minor watershed unit under subdivision 5. The cost must be
apportioned according to the benefits received by property in
the county.
(c) At least ten days before the hearing, notice by mail
shall be given to the counties and to each home rule charter or
statutory city or town located wholly or partly within the
territory of the watershed management organization.
(d) Failure to give mailed notice or defects in the notice
shall not invalidate the proceedings. [473.883 s. 2]
Subd. 4. [IMPROVEMENT HEARING.] At the time and place
specified in the notice the organization shall hear all parties
interested in the proposed improvement. If upon full hearing
the organization finds that the improvement will be conducive to
public health and promote the general welfare, and is in
compliance with sections 6 to 16 and the plan adopted pursuant
to section 11, it shall make findings accordingly, determine the
cost of the improvement, and certify the cost before October 1
to the county or counties for payment. [473.883 s. 2]
Subd. 5. [APPORTIONMENT OF COSTS.] If the territory of the
watershed management organization extends into more than one
county, the cost of the improvement shall be certified to the
respective county boards in the proportions prescribed in the
capital improvement program of the organization. The
certification of the watershed management organization may
apportion the cost among some or all of the minor watershed
units in the watershed and for this purpose may require the
establishment of more than one tax district in the watershed.
[473.883 s. 3]
Subd. 6. [COUNTY PAYMENT.] Each county receiving
certifications for payment from watershed management
organizations under this section shall promptly after September
30 of each year provide funds to meet its proportionate share of
the cost of the improvements as shown in the certifications by
organizations received during the prior 12 months. In an
emergency and after receipt of certification the county shall
provide funds at other times. When an organization anticipates
an emergency it shall promptly inform the county and provide it
with appropriate information. [473.883 s. 4]
Subd. 7. [BONDS.] In order to make the payment required by
subdivision 6, the county board of each county may issue general
obligation bonds of the county in the amount necessary to pay
all or part of the cost of improvements certified to the county
board or to refund general obligation bonds issued for this
purpose. The bonds shall be sold, issued, and secured in
accordance with the provisions of chapter 475 for general
obligation bonds, except as otherwise provided in this
subdivision. No election shall be required. [473.883 s. 5]
Subd. 8. [TAX.] (a) For the payment of principal and
interest on the bonds issued under subdivision 7 and the payment
required under subdivision 6, the county shall irrevocably
pledge and appropriate the proceeds of a tax levied on all
taxable property located within the territory of the watershed
management organization or minor watershed unit for which the
bonds are issued. Each year until the reserve for payment of
the bonds is sufficient to retire the bonds, the county shall
levy on all taxable property in the territory of the
organization or unit, without respect to any statutory or other
limitation on taxes, an amount of taxes sufficient to pay
principal and interest on the bonds and to restore any
deficiencies in reserves required to be maintained for payment
of the bonds.
(b) The tax levied on rural towns other than urban towns
may not exceed 0.02418 percent of taxable market value, unless
approved by resolution of the town electors.
(c) If at any time the amounts available from the levy on
property in the territory of the organization are insufficient
to pay principal and interest on the bonds when due, the county
shall make payment from any available funds in the county
treasury.
(d) The amount of any taxes which are required to be levied
outside of the territory of the watershed management
organization or unit or taken from the general funds of the
county to pay principal or interest on the bonds shall be
reimbursed to the county from taxes levied within the territory
of the watershed management organization or unit. [473.883 s.
6]
Subd. 9. [MAINTENANCE LEVY.] For the purpose of creating a
maintenance fund to be used for normal and routine maintenance
of a work of improvement constructed in whole or part with money
provided by the county pursuant to subdivision 6, the board of
managers of a watershed district, with the approval of the
county, may impose an ad valorem levy on all property located
within the territory of the watershed district or minor
watershed unit. The levy shall be certified, levied, collected,
and distributed as provided in article 4, sections 71 and 72,
and shall be in addition to any other money levied and
distributed to the district. The proceeds of the levy shall be
deposited in a separate maintenance and repair account to be
used only for the purpose for which the levy was made. [473.883
s. 7]
METROPOLITAN GROUNDWATER MANAGEMENT
Sec. 16. [103B.255] [GROUNDWATER PLANS.]
Subdivision 1. [AUTHORITY.] A metropolitan county may
prepare and adopt groundwater plans in accordance with this
section. [473.8785 s. 1]
Subd. 2. [RESPONSIBLE UNITS.] The county may prepare and
adopt the plan or, upon request of a soil and water conservation
district, the county may delegate to the soil and water
conservation district the preparation and adoption of all or
part of a plan and the performance of other county
responsibilities regarding the plan under this section and
section 11. [473.8785 s. 2]
Subd. 3. [LOCAL COORDINATION.] To assure the coordination
of efforts of all units of government during the preparation and
implementation of watershed and groundwater plans, the county
shall conduct meetings with local units of government and
watershed management organizations, and may enter into
agreements with local units of government and watershed
management organizations establishing the responsibilities
during the preparation and implementation of the water plans.
[473.8785 s. 3]
Subd. 4. [ASSISTANCE.] The county may contract with the
Minnesota geological survey, the United States Geological
Survey, a soil and water conservation district, or other public
or private agencies or persons for services in performing the
county's responsibilities regarding the plan under this section
and section 11. Counties may enter into agreements with other
counties or local units of government under section 471.59 for
the performance of these responsibilities. To assist in the
development of the groundwater plan, the county shall seek the
advice of the advisory committee, the Minnesota geological
survey, the departments of health and natural resources, the
pollution control agency, and other appropriate local, state,
and federal agencies. [473.8785 s. 4]
Subd. 5. [ADVISORY COMMITTEES.] (a) The county shall name
an advisory committee of 15 members. The committee must include
representatives of various interests, including construction,
agriculture, hydrogeology, and well drilling. At least four
members of the committee must be from the public at large with
no direct pecuniary interest in any project involving
groundwater protection. At least seven members must be
appointed from watershed management organizations, statutory and
home rule charter cities, and towns, and these local government
representatives must be geographically distributed so that at
least one is appointed from each county commissioner district.
(b) The county shall consult the advisory committee on the
development, content, and implementation of the plan, including
the relationship of the groundwater plan and existing watershed
and local water management plans, the effect of the groundwater
plan on the other plans, and the allocation of costs and
governmental authority and responsibilities during
implementation. [473.8785 s. 4]
Subd. 6. [GENERAL STANDARDS.] (a) The groundwater plan
must extend through the year 1995 or any later year that is
evenly divisible by five. The plan must contain the elements
required by subdivision 7. Each element must be set out in the
degree of detail and prescription necessary to accomplish the
purposes of sections 6 to 16, considering the character of
existing and anticipated physical and hydrogeologic conditions,
land use, and development and the severity of existing and
anticipated groundwater management problems in the county.
(b) To the fullest extent possible in a manner consistent
with groundwater protection, a county shall make maximum use of
existing and available data and studies in preparing the
groundwater plan and incorporate into its groundwater plan
relevant data from existing plans and studies and the relevant
provisions of existing plans adopted by watershed management
organizations having jurisdiction wholly or partly within the
county. [473.8785 s. 5]
Subd. 7. [CONTENTS.] A groundwater plan must:
(1) cover the entire area within the county;
(2) describe existing and expected changes to the physical
environment, land use, and development in the county;
(3) summarize available information about the groundwater
and related resources in the county, including existing and
potential distribution, availability, quality, and use;
(4) state the goals, objectives, scope, and priorities of
groundwater protection in the county;
(5) contain standards, criteria, and guidelines for the
protection of groundwater from pollution and for various types
of land uses in environmentally sensitive areas, critical areas,
or previously contaminated areas;
(6) describe relationships and possible conflicts between
the groundwater plan and the plans of other counties, local
government units, and watershed management organizations in the
affected groundwater system;
(7) set forth standards and guidelines for implementation
of the plan by watershed management organizations and local
units of government; and
(8) include a procedure for amending the groundwater plan.
[473.8785 s. 6]
Subd. 8. [LOCAL REVIEW AND COMMENT.] Upon completion of
the groundwater plan but before final adoption by the county,
the county shall submit the plan for review and comment to each
soil and water conservation district, town, statutory and home
rule charter city, and watershed management organization having
territory within the county. The county also shall submit the
plan to any other county or watershed management organization or
district in the affected groundwater system that could affect or
be affected by implementation of the plan. Any political
subdivision or watershed management organization that expects
that substantial amendment of its plans would be necessary in
order to bring them into conformance with the county groundwater
plan shall describe as specifically as possible, within its
comments, the amendments that it expects would be necessary and
the cost of amendment and implementation. Reviewing entities
have 60 days to review and comment. Differences among local
governmental agencies regarding the plan must be mediated.
[473.8785 s. 7]
Subd. 9. [REVIEW BY METROPOLITAN COUNCIL.] After
completion of the review under subdivision 8, the plan and all
comments received must be submitted to the metropolitan council
for review. Notwithstanding any provision to the contrary in
article 4, sections 30 and 31, and section 473.165, the council
shall review the plan in the same manner and with the same
authority and effect as provided for the council's review of the
comprehensive plans of local government units under section
473.175. The council shall comment on the apparent conformity
with metropolitan system plans of any anticipated amendments to
watershed plans and local comprehensive plans. The council
shall summarize and evaluate the cost of rectifying
inconsistencies between the groundwater plan and watershed
plans. If the council finds that significant funding problems,
needs, or inequities will result from the groundwater plan, the
council shall report to the legislature on the matter and on
appropriate means of allocating and paying costs. The council
may mediate and attempt to resolve differences among local
governmental agencies regarding the plan. [473.8785 s. 8]
Subd. 10. [REVIEW BY STATE AGENCIES.] (a) After completion
of the review under subdivision 9, the plan and all comments
received must be submitted to the commissioners of natural
resources, health, and the pollution control agency for review
and comment on the consistency of the plan with state laws and
rules relating to water and related land resources, and to the
board of water and soil resources for review under article 4,
sections 30 and 31.
(b) Except as otherwise provided in this subdivision, the
board of water and soil resources shall review the plan as
provided in article 4, section 30. The board shall review the
plan for conformance with the requirements of chapter 103D and
sections 6 to 16. The board may not prescribe a plan but may
disapprove all or parts of a plan which it determines is not in
conformance with the requirements of chapter 103D and sections 6
to 16. [473.8785 s. 9]
Subd. 11. [ADOPTION AND IMPLEMENTATION.] The county shall
adopt and implement its groundwater plan within 120 days after
approval of the plan by the board of water and soil resources.
[473.8785 s. 10]
Subd. 12. [AMENDMENTS.] To the extent and in the manner
required by the adopted plan, all amendments to the adopted plan
must be submitted to the towns, cities, counties, and other
agencies for review in accordance with the provisions of
subdivisions 8 to 10. [473.8785 s. 11]
LOCAL WATER PLANNING
Sec. 17. [103B.301] [TITLE.]
Sections 17 to 28 may be cited as the "comprehensive local
water management act." [110B.01]
Sec. 18. [103B.305] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 17 to 28. [110B.02 s. 1]
Subd. 2. [BOARD.] "Board" means the board of water and
soil resources. [110B.02 s. 2]
Subd. 3. [COMPREHENSIVE WATER PLAN.] "Comprehensive water
plan" means the plan adopted by a county under sections 19 and
20. [110B.02 s. 3]
Subd. 4. [GROUNDWATER SYSTEMS.] "Groundwater systems"
means the 14 principal aquifers of the state as defined by the
United States Geological Survey in the Water-Resources
Investigations 81-51, entitled "Designation of Principal Water
Supply Aquifers in Minnesota" (August 1981), and its revisions.
[110B.02 s. 4]
Subd. 5. [LOCAL UNITS OF GOVERNMENT.] "Local units of
government" means municipalities, towns, counties, soil and
water conservation districts, watershed districts, organizations
formed for the joint exercise of powers under section 471.59,
and other special purpose districts or authorities exercising
authority in water and related land resources management at the
local level. [110B.02 s. 5]
Subd. 6. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city. [110B.02 s. 6]
Subd. 7. [OFFICIAL CONTROLS.] "Official controls" means
ordinances and regulations that control the physical development
of the whole or part of a local government unit or that
implement the general objectives of the local government unit.
[110B.02 s. 7]
Subd. 8. [RELATED LAND RESOURCES.] "Related land
resources" means land affected by present or projected
management practices that have significant effects on the
quantity and quality, or use of groundwater or surface water.
[110B.02 s. 8]
Subd. 9. [WATERSHED MANAGEMENT ORGANIZATION.] "Watershed
management organization" has the meaning given in section 6,
subdivision 13. [110B.02 s. 9]
Subd. 10. [WATERSHED UNITS.] "Watershed units" means each
of the 81 major watershed units identified in the state
watershed boundaries map prepared pursuant to the requirements
of Laws 1977, chapter 455, section 33, subdivision 7, paragraph
(a) and the accompanying data base, and the revisions of that
data base. [110B.02 s. 10]
Sec. 19. [103B.311] [COUNTY WATER PLANNING AND
MANAGEMENT.]
Subdivision 1. [COUNTY DUTIES.] Each county is encouraged
to develop and implement a comprehensive water plan. Each
county that develops and implements a plan has the duty and
authority to:
(1) prepare and adopt a comprehensive water plan that meets
the requirements of this section and section 20;
(2) review water and related land resources plans and
official controls submitted by local units of government to
assure consistency with the comprehensive water plan; and
(3) exercise any and all powers necessary to assure
implementation of comprehensive water plans. [110B.04 s. 1]
Subd. 2. [DELEGATION.] The county is responsible for
preparing, adopting, and assuring implementation of the
comprehensive water plan, but may delegate all or part of the
preparation of the plan to a local unit of government, a
regional development commission, or a resource conservation and
development committee. The county may not delegate authority
for the exercise of eminent domain, taxation, or assessment to a
local unit of government that does not possess those powers.
[110B.04 s. 2]
Subd. 3. [COORDINATION.] (a) To assure the coordination of
efforts of all local units of government within a county during
the preparation and implementation of a comprehensive water
plan, each county intending to adopt a plan shall conduct
meetings with other local units of government and may execute
agreements with other local units of government establishing the
responsibilities of each unit during the preparation and
implementation of the comprehensive water plan.
(b) Each county intending to adopt a plan shall coordinate
its planning program with contiguous counties. Before meeting
with local units of government, a county board shall notify the
county boards of each county contiguous to it that the county is
about to begin preparing its comprehensive water plan and is
encouraged to request and hold a joint meeting with the
contiguous county boards to consider the planning process.
[110B.04 s. 3]
Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A comprehensive
water plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed
units and groundwater systems;
(3) be based upon principles of sound hydrologic management
of water, effective environmental protection, and efficient
management;
(4) be consistent with comprehensive water plans prepared
by counties and watershed management organizations wholly or
partially within a single watershed unit or groundwater system;
and
(5) apply to every year through the year 1995 or any later
year that is evenly divisible by five, and be updated before the
period covered expires.
(b) Existing water and related land resources plans,
including plans related to agricultural land preservation
programs developed pursuant to chapter 40A, must be fully
utilized in preparing the comprehensive water plan. Duplication
of the existing plans is not required. [110B.04 s. 4]
Subd. 5. [WATERSHED DISTRICT AND INTERCOUNTY JOINT POWERS
BOARD PLANS AND RULES.] A county must incorporate into its
comprehensive water plan any existing plans and rules adopted by
a watershed district or intercounty joint powers board having
jurisdiction wholly or partly within the county. A county may
change the plans and rules it incorporates if the county
demonstrates in its comprehensive water plan why the changes are
necessary and if the changes are agreed to by each county that
is:
(1) responsible for the appointment of a manager serving on
the watershed board; or
(2) represented on the joint powers board. [110B.04 s. 5]
Subd. 6. [SCOPE OF PLANS.] Comprehensive water plans must
include:
(1) a description of the existing and expected changes to
physical environment, land use, and development in the county;
(2) available information about the surface water,
groundwater, and related land resources in the county, including
existing and potential distribution, availability, quality, and
use;
(3) objectives for future development, use, and
conservation of water and related land resources, including
objectives that concern water quality and quantity, and
sensitive areas, wellhead protection areas, and related land use
conditions, and a description of actions that will be taken in
affected watersheds or groundwater systems to achieve the
objectives;
(4) a description of potential changes in state programs,
policies, and requirements considered important by the county to
management of water resources in the county;
(5) a description of conflicts between the comprehensive
water plan and existing plans of other local units of
government;
(6) a description of possible conflicts between the
comprehensive water plan and existing or proposed comprehensive
water plans of other counties in the affected watershed units or
groundwater systems;
(7) a program for implementation of the plan that is
consistent with the plan's management objectives and includes
schedules for amending official controls and water and related
land resources plans of local units of government to conform
with the comprehensive water plan, and the schedule, components,
and expected state and local costs of any projects to implement
the comprehensive water plan that may be proposed, although this
does not mean that projects are required by this section; and
(8) a procedure for amending the comprehensive water plan.
[110B.04 s. 6]
Subd. 7. [DATA ACQUISITION.] The data collected under this
section that has common value as determined by the state
planning agency for natural resources planning must be provided
and integrated into the Minnesota land management information
systems geographic and summary data bases according to published
data compatibility guidelines. [110B.04 s. 7]
Sec. 20. [103B.315] [COMPREHENSIVE WATER PLAN REVIEW AND
ADOPTION.]
Subdivision 1. [LOCAL REVIEW.] When the comprehensive
water plan is completed, but before its final adoption by the
county board, the county board shall submit the comprehensive
water plan for review and comment to:
(1) all local units of government wholly or partly within
the county;
(2) the applicable regional development commission, if any;
(3) each contiguous county and watershed management
organization; and
(4) other counties or watershed management organizations
within the same watershed unit and groundwater system that may
be affected by proposals in the comprehensive water plan.
[110B.08 s. 1]
Subd. 2. [COMMENTS TO COUNTY BOARD.] (a) A local unit of
government must review the comprehensive water plan and existing
water and related land resources plans or official controls and
in its comments describe in a general way possible amendments to
its existing plans or official controls, and an estimate of the
fiscal or policy effects that would be associated with those
amendments, to bring them into conformance with the
comprehensive water plan.
(b) A county or watershed management organization within
the same watershed unit or groundwater system must review
comprehensive water plans received and describe in its comments
possible conflicts with its existing or proposed comprehensive
water plan and suggest measures to resolve the conflicts.
(c) The regional development commission shall review the
plan under section 462.391, subdivision 1. [110B.08 s. 2]
Subd. 3. [LOCAL REVIEW PERIOD.] Comments under subdivision
2 must be submitted to the county board within 60 days after
receiving a comprehensive water plan for comment, unless the
county board of the county that prepared the plan determines
that good cause exists for an extension of this period and
grants an extension. [110B.08 s. 3]
Subd. 4. [PUBLIC HEARING.] The county board shall conduct
a public hearing on the comprehensive water plan pursuant to
section 375.51 after the 60-day period for local review and
comment is completed, but before submitting it to the state for
review. [110B.08 s. 4]
Subd. 5. [STATE REVIEW.] (a) After conducting the public
hearing but before final adoption, the county board must submit
its comprehensive water plan, all written comments received on
the plan, a record of the public hearing under subdivision 4,
and a summary of changes incorporated as a result of the review
process to the board for review. The board shall complete the
review within 90 days after receiving a comprehensive water plan
and supporting documents. The board shall consult with the
departments of agriculture, health, and natural resources; the
pollution control agency; the state planning agency; the
environmental quality board; and other appropriate state
agencies during the review.
(b) The board may disapprove a comprehensive water plan if
the board determines the plan is not consistent with state law.
If a plan is disapproved, the board shall provide a written
statement of its reasons for disapproval. A disapproved
comprehensive water plan must be revised by the county board and
resubmitted for approval by the board within 120 days after
receiving notice of disapproval of the comprehensive water plan,
unless the board extends the period for good cause. The
decision of the board to disapprove the plan may be appealed by
the county to district court. [110B.08 s. 5]
Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board
shall adopt and begin implementation of its comprehensive water
plan within 120 days after receiving notice of approval of the
plan from the board. [110B.08 s. 6]
Subd. 7. [AMENDMENTS.] Amendments to a comprehensive water
plan must be submitted to local units of government and to the
board in the same manner as a comprehensive water plan.
[110B.08 s. 7]
Sec. 21. [103B.321] [DUTIES OF THE BOARD.]
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
water plans that provide for a flexible approach to meeting the
different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive water plans, including identification of pertinent
data and studies available from the state and federal
government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 17 to 28 in
conjunction with the association of Minnesota counties;
(4) determine contested cases under section 26;
(5) establish a process for review of comprehensive water
plans that assures the plans are consistent with state law; and
(6) report to the legislative commission on Minnesota
resources as required by section 27. [110B.10 s. 1]
Subd. 2. [RULEMAKING.] The board shall adopt rules to
implement sections 17 to 28. [110B.10 s. 2]
Subd. 3. [LOCAL ADVISORY COMMITTEE.] The board shall use a
committee, consisting of persons representing counties, soil and
water conservation districts, municipalities, and townships and
persons interested in water planning, to assist the board in the
water planning process. Members must be appointed, serve, and
be paid their expenses but may not receive other compensation,
pursuant to section 15.014. [110B.10 s. 3]
Sec. 22. [103B.325] [CONSISTENCY OF LOCAL PLANS AND
CONTROLS WITH THE COMPREHENSIVE WATER PLAN.]
Subdivision 1. [REQUIREMENT.] Local units of government
shall amend existing water and related land resources plans and
official controls as necessary to conform them to the
applicable, approved comprehensive water plan following the
procedures in this section. [110B.12 s. 1]
Subd. 2. [PROCEDURE.] Within 90 days after local units of
government are notified by the county board of the adoption of a
comprehensive water plan or of adoption of an amendment to a
comprehensive water plan, the local units of government
exercising water and related land resources planning and
regulatory responsibility for areas within the county must
submit existing water and related land resources plans and
official controls to the county board for review. The county
board shall identify any inconsistency between the plans and
controls and the comprehensive water plan and shall recommend
the amendments necessary to bring local plans and official
controls into conformance with the comprehensive water plan.
[110B.12 s. 2]
Subd. 3. [REVISION AND IMPLEMENTATION.] Local units of
government shall revise existing plans and official controls to
conform them to the recommendations of the county board and
shall initiate implementation of the revised plans and controls
within 180 days after receiving the recommendations of the
county board, or 180 days after resolution of an appeal,
whichever is later. [110B.12 s. 3]
Subd. 4. [APPEALS.] A local unit of government may, within
60 days after receiving the recommendations of the county board,
appeal any recommendation to the board of water and soil
resources for a hearing as provided in section 26. [110B.12 s.
4]
Subd. 5. [NEW PLANS AND CONTROLS.] New or amended water
and related land resources plans and official controls proposed
by local units of government for their adoption following
adoption of the comprehensive water plan shall be submitted to
the county board for review and recommendation as provided under
this section. [110B.12 s. 5]
Sec. 23. [103B.331] [AUTHORITY UNDER APPROVED
COMPREHENSIVE WATER PLANS.]
Subdivision 1. [AUTHORITY.] When an approved comprehensive
water plan is adopted the county has the authority specified in
this section. [110B.15 s. 1]
Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The
county may regulate the use and development of water and related
land resources within incorporated areas when one or more of the
following conditions exists:
(1) the municipality does not have a local water and
related land resources plan or official controls consistent with
the comprehensive water plan;
(2) a municipal action granting a variance or conditional
use would result in an action inconsistent with the
comprehensive water plan;
(3) the municipality has authorized the county to require
permits for the use and development of water and related land
resources; or
(4) a state agency has delegated the administration of a
state permit program to the county. [110B.15 s. 2]
Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A
county may:
(1) acquire in the name of the county, by condemnation
under chapter 117, real and personal property found by the
county board to be necessary for the implementation of an
approved comprehensive water plan;
(2) assess the costs of projects necessary to implement the
comprehensive water plan undertaken under sections 17 to 28 upon
the property benefited within the county in the manner provided
for municipalities by chapter 429;
(3) charge users for services provided by the county
necessary to implement the comprehensive water plan; and
(4) establish one or more special taxing districts within
the county and issue bonds for the purpose of financing capital
improvements under sections 17 to 28. [110B.15 s. 3]
Subd. 4. [SPECIAL TAXING DISTRICT.] (a) A tax district
authorized under subdivision 3, clause (4), must be established
by resolution adopted by the county board after a hearing.
Notice of the time, place, and purpose of the hearing must be
published for two successive weeks in the official newspaper of
the county, ending at least seven days before the day of the
hearing. The resolution must describe with particularity the
territory or area to be included in the tax district. After
adoption, the resolution must be filed with the county auditor
and county recorder. The district may be dissolved by following
the procedures prescribed for the establishment of the district.
(b) After adoption of the resolution under paragraph (a), a
county may annually levy a tax on all taxable property in the
district for the purposes for which the tax district was
established. The proceeds of the tax must be paid into a fund
reserved for these purposes. Any proceeds remaining in the
reserve fund at the time the tax is terminated or the district
is dissolved must be transferred and irrevocably pledged to the
debt service fund of the county to be used only to reduce tax
levies for bonded indebtedness of taxable property in the
district.
(c) After adoption of the resolution under paragraph (a),
and after a contract for the construction of all or part of an
improvement has been entered into or the work has been ordered
to be done by hired labor, the county may issue obligations in
the amount determined by the county board to be necessary to pay
in whole or in part the capital cost incurred and estimated to
be incurred in making the improvement. The obligations are
payable out of the proceeds of the tax levied under this
subdivision. The county board may, by resolution adopted prior
to the sale of obligations, pledge the full faith, credit, and
taxing power of the county to assure payment of the principal
and interest in the event the proceeds of the tax levy in the
district are insufficient to pay principal and interest. The
amount of any taxes that are required to be levied outside of
the territory of the tax district or taken from the general
funds of the county to pay principal and interest on the
obligations must be reimbursed to the county from taxes levied
within the territory of the tax district. Obligations must be
issued in accordance with chapter 475, except that an election
is not required and the amount of any obligations must not be
included in determining the net indebtedness of the county under
the provisions of any law or charter limiting indebtedness.
[110B.15 s. 4]
Sec. 24. [103B.335] [TAX; EXEMPTION FROM PER CAPITA LEVY
LIMIT.]
The governing body of any county, municipality, or township
may levy a tax in an amount required to implement sections 17 to
28. The amount of the levy up to 0.01813 percent of taxable
market value is exempt from the per capita levy limit under
section 275.11. [110B.20]
Sec. 25. [103B.341] [PUBLIC DRAINAGE.]
Projects necessary to implement the comprehensive water
plan that are intended for the purpose of improving drainage
must be established, repaired, and improved under chapter 103E
and not sections 17 to 28. [110B.22]
Sec. 26. [103B.345] [RESOLUTION OF DISPUTES.]
Subdivision 1. [INFORMAL RESOLUTION.] The county or other
local unit of government may request a meeting with the chair of
the board of water and soil resources to informally resolve a
dispute before initiating a contested case procedure under this
section. [110B.25 s. 1]
Subd. 2. [PETITION FOR HEARING.] A county or other local
unit of government may petition for a contested case hearing by
the board under this section if:
(1) the interpretation and implementation of a
comprehensive water plan is challenged by a local unit of
government aggrieved by the plan;
(2) two or more counties disagree about the apportionment
of the costs of a project implementing a comprehensive water
plan; or
(3) a county and another local unit of government disagree
about a change in a local water and related land resources plan
or official control recommended by the county under section 22.
[110B.25 s. 2]
Subd. 3. [TIME FOR PETITION.] The county or other local
unit of government must file the petition by 60 days after:
(1) the date of the adoption or approval of the disputed
ordinance or other decision required to be made to implement the
comprehensive water plan; or
(2) the date a local unit of government receives a
recommendation of the county board under section 22. [110B.25
s. 3]
Subd. 4. [HEARING.] If the aggrieved county or other local
unit of government files a petition for a hearing, a hearing
must be conducted by the state office of administrative hearings
under the contested case procedure of chapter 14 within 60 days
of the request. The subject of the hearing may not extend to
questions concerning the need for a comprehensive water plan.
In the report of the administrative law judge, the fees of the
office of administrative hearings and transcript fees must be
equally apportioned among the parties to the proceeding. Within
60 days after receiving the report of the administrative law
judge, the board shall, by resolution containing findings of
fact and conclusions of law, make a final decision with respect
to the issue before it. [110B.25 s. 4]
Subd. 5. [APPEAL.] Any local unit of government or state
agency aggrieved by the final decision of the board may appeal
the decision to the court of appeals in the manner provided by
sections 14.63 to 14.69. [110B.25 s. 5]
Sec. 27. [103B.351] [COMMISSION OVERSIGHT; REPORT
REQUIRED.]
The board shall, on or before January 15 of each year,
submit to the legislative commission on Minnesota resources a
written report on the board's functions and the implementation
of sections 17 to 28 since the previous report under this
section was submitted. The report to the commission must
include the board's recommendations for changes to sections 17
to 28 and any recommendations for funding. The board shall also
report to the commission at other times requested by the
commission. The commission may make recommendations to the
legislature concerning the funding, implementation, and
amendment of the act. [110B.28]
Sec. 28. [103B.355] [APPLICATION.]
Sections 17 to 28 do not apply in areas subject to the
requirements of section 11, subdivision 1, and in areas covered
by an agreement entered into by December 31, 1985, under section
11, subdivision 2, except as otherwise provided in sections 19,
subdivision 4, clause (4); and 20, subdivision 1, clauses (3)
and (4), and subdivision 2, clause (b). [110B.30]
SOUTH DAKOTA - MINNESOTA BOUNDARY WATERS COMMISSION
Sec. 29. [103B.451] [SOUTH DAKOTA-MINNESOTA BOUNDARY
WATERS COMMISSION.]
Subdivision 1. [ESTABLISHMENT.] An interstate commission
known as the South Dakota-Minnesota boundary waters commission
is established. The members of the commission shall be the
secretaries of the department of water and natural resources and
the department of game, fish and parks of South Dakota and the
commissioners of natural resources and the pollution control
agency of Minnesota. The fifth member shall be a qualified
engineer appointed for a four year term by the mutual consent of
the governors of Minnesota and South Dakota. [114.13 s. 1]
Subd. 2. [AUTHORITY.] (a) The commission shall have power
and authority:
(1) to investigate and determine the most desirable and
beneficial levels of boundary waters artificially controlled and
to prescribe a plan for controlling and regulating water levels;
(2) to hold hearings and take evidence as may be presented,
either after complaint or upon its own initiative, as to the
desirability of any water level and plan of regulation, and to
issue orders concerning the same which in its opinion are for
the best interests of the public;
(3) to plan, propose, coordinate and hold hearings on lake
protection and rehabilitation projects for boundary waters; and
(4) to accept and distribute grants from any source for the
purposes set forth in this section. [114.13 s. 1]
(b) The commission shall seek the advice of local units of
government and encourage them to implement projects voluntarily
and to enter into agreements with one another for that purpose.
The commission itself has no authority to implement lake
protection or rehabilitation projects. [114.13 s. 2]
Subd. 3. [ADVISORY COMMITTEE.] The commission shall
establish one local advisory committee for all commission
activities. A majority of the members of the committee shall be
elected officials of local governmental units, including tribal
governments, within the boundary waters watershed with an equal
number of representatives from each state. The advisory
committee shall be consulted prior to any activity conducted by
the commission. [114.13 s. 2a]
Subd. 4. [HEARINGS.] (a) Hearings must be held at a time
and place designated by the commission in counties affected by
the subject matter.
(b) At least two weeks' published notice of the hearings
must be given by publication of the notice in a legal newspaper
in each county bordering on the boundary waters that may be
affected by the subject matter of the hearing.
(c) All final orders of the commission must be published
once each week for two consecutive weeks in a legal newspaper in
each county bordering on the boundary waters that may be
affected. The printer's affidavit of publication of all notices
and orders must be filed with the commission. Hearings held
pursuant to this section shall not be subject to the
requirements of chapter 14. [114.13 s. 2]
Subd. 5. [APPEALS.] Any party aggrieved by any order or
any determination of the commission under this section may
appeal to the district court or to the circuit court, as the
case may be, of a county in either state where the subject
matter of the order or the determination is wholly or partially
located, or to the district court of the county in either state
where its capitol is located. Notice of appeal must be served
upon the commission within 30 days from the last date of
publication of the order appealed from. Appeals may likewise be
taken from the judgments of the district court or the circuit
court, as the case may be, to the appellate courts of their
respective states as in other civil cases. [114.13 s. 4]
LAKE IMPROVEMENT DISTRICTS
Sec. 30. [103B.501] [LAKE IMPROVEMENT DISTRICTS.]
Sections 30 to 46 may be cited as the lake improvement
district law. [378.401]
Sec. 31. [103B.505] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 31 to 46. [378.405 s. 1]
Subd. 2. [BOARD.] "Board" means county board. [378.405 s.
2]
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [378.405 s. 3]
Subd. 4. [DISTRICT.] "District" means a lake improvement
district. [378.405 s. 4]
Subd. 5. [JOINT COUNTY AUTHORITY.] "Joint county
authority" means a joint county authority formed by county
boards under section 35. [378.405 s. 5]
Subd. 6. [PROPERTY OWNER.] "Property owner" means the
owner of real property within the district or the buyer under
contract for deed of property in the district. [378.405 s. 6]
Sec. 32. [103B.511] [ADMINISTRATION BY COMMISSIONER.]
Subdivision 1. [PURPOSE.] (a) To preserve and protect the
lakes of the state and to increase and enhance the use and
enjoyment of the lakes it is in the public interest that a
statewide lake improvement program is established to: preserve
the natural character of lakes and their shoreland environment
where feasible and practical; improve the quality of water in
lakes; provide for reasonable assurance of water quantity in
lakes, where feasible and practicable; and to assure protection
of the lakes from the detrimental effects of human activities
and certain natural processes. The commissioner shall
coordinate and supervise a local-state program for the
establishment of lake improvement districts by counties for
lakes located within their boundaries, based on state guidelines
and rules and compatible with all state, regional, and local
plans where the plans exist. [378.31 s. 1; 378.41 s. 1]
(b) In administration of this program the commissioner of
natural resources shall consult with and obtain advice from
other state agencies on the aspects of the program over which
the agencies have specific legislative authority, including the
department of health and the pollution control agency. [378.41
s. 1]
Subd. 2. [RULES.] The commissioner shall adopt permanent
and emergency rules to provide guidelines, criteria and
standards for the establishment of lake improvement districts by
counties. [378.41 s. 2]
Sec. 33. [103B.515] [INITIATION AND ESTABLISHMENT BY
COUNTY BOARD.]
Subdivision 1. [RESOLUTION OF INTENT.] The county board
may initiate the establishment of a lake improvement district in
a portion of the county under this section. The board must
adopt a resolution declaring the intent of the board to
establish a lake improvement district. The resolution must:
(1) specify the boundaries of the district, which shall be
encouraged to be as consistent as practical with natural
hydrologic boundaries;
(2) prescribe the water and related land resource
management programs to be undertaken in the district;
(3) state how the programs will be financed;
(4) designate the county officer or agency that will be
responsible for supervising the programs; and
(5) set a date for a hearing on the resolution. [378.42 s.
1]
Subd. 2. [NOTICE TO TOWN BOARD.] The county board shall,
at least 30 days before making an order establishing a lake
improvement district, send the town board of a town wholly or
partially within the boundaries of the proposed district a copy
of the resolution and encourage the town board to respond to the
proposed creation of the district. [378.42 s. 1a]
Subd. 3. [HEARING.] The county board must hold a public
hearing on whether a lake improvement district should be
established. Before the date set for the hearing, any
interested person may file objections to the formation of the
district with the county auditor. At the hearing, any
interested person may offer objections, criticisms, or
suggestions about the necessity of the proposed district and how
the person's property will be benefited or affected by the
establishment of the district. [378.42 s. 2]
Subd. 4. [ESTABLISHMENT.] (a) The county board may
establish a lake improvement district, by order, after making
findings, if the board determines that the:
(1) proposed district is necessary or that the public
welfare will be promoted by the establishment of the district;
(2) property to be included in the district will be
benefited by establishing the district; and
(3) formation of the district will not cause or contribute
to long-range environmental pollution.
(b) The order establishing the district must state the
board's findings and specify or prescribe the items contained in
subdivision 1, clauses (1) to (4). [378.42 s. 3]
Sec. 34. [103B.521] [INITIATION BY PETITION AND
ESTABLISHMENT BY COUNTY BOARD.]
Subdivision 1. [PETITION.] (a) A lake improvement district
may be initiated by a petition to the county board. The
petition must state:
(1) the name of the proposed lake improvement district;
(2) the necessity of the proposed district to promote
public health or public welfare;
(3) the benefits to property from the establishment of the
lake improvement district;
(4) the boundaries of the proposed district which shall be
encouraged to be as consistent as possible with natural
hydrologic boundaries;
(5) a map of the proposed district;
(6) the number, from five to nine, of directors proposed
for the district; and
(7) a request for establishing the district as proposed.
(b) A petition must be signed by 26 percent of the property
owners within the proposed lake improvement district described
in the petition. Governmental subdivisions, other than the
state or federal governments, owning lands within the proposed
district are eligible to sign the petition.
(c) The petition must be filed with the county auditor and
addressed to the board, requesting the board to establish a lake
improvement district to develop and provide a program of water
and related land resources management.
(d) The county board shall, at least 30 days before it acts
on a petition, send the town board of a town wholly or partially
within the boundaries of a proposed district a copy of the
petition submitted under this subdivision and encourage the town
board to respond to the proposed creation of the district.
[378.43 s. 1]
Subd. 2. [HEARING.] After receiving the petition, the
county auditor must verify the signatures and notify the county
board. Within 30 days after being notified of the petition, the
county board must hold a public hearing on whether the requested
lake improvement district should be established. [378.43 s. 2]
Subd. 3. [ESTABLISHMENT.] Within 30 days after holding the
public hearing, the county board shall, by order, establish or
deny the establishment of the petitioned lake improvement
district. An order establishing a district must conform to
section 37 and may modify the petition relating to the
district's boundaries, functions, financing, or organization.
[378.43 s. 3]
Sec. 35. [103B.525] [ESTABLISHMENT OF A DISTRICT IN MORE
THAN ONE COUNTY.]
Where the natural hydrologic boundaries of a proposed
district extend into more than one county, the county boards of
the counties affected may form a joint county authority and
establish and maintain a lake improvement district jointly or
cooperatively as provided in section 471.59. The district may
be initiated by the joint county authority in the same manner as
by a county board under section 33 by petition to the affected
county boards. [378.44]
Sec. 36. [103B.531] [CREATION BY COMMISSIONER OF NATURAL
RESOURCES.]
Subdivision 1. [PETITION TO COMMISSIONER.] If the county
board of one or more of the counties affected has disapproved a
petition for creation of a lake improvement district for an
area, a petition for creation of a lake improvement district
containing information required by section 34, subdivision 1,
may be submitted to the commissioner of natural resources.
[378.45 s. 1]
Subd. 2. [DETERMINATION TO HOLD HEARING.] Upon receipt of
the petition by the commissioner and verification of the
signatures on the petition by the county, the commissioner may,
within 30 days following verification, hold a public hearing at
the expense of the county board on the question of whether the
requested lake improvement district shall be established. The
commissioner, in determining whether to hold a public hearing,
shall examine all facts relating to the petition, including the
reasons why the petition was disapproved by the county. [378.45
s. 2]
Subd. 3. [APPROVAL OR DENIAL OF PETITION.] (a) If a
hearing is not to be held, within 30 days following the receipt
of verification by the county, or within 30 days following the
holding of a hearing, the commissioner shall, by order, approve
or disapprove the establishment of the requested lake
improvement district.
(b) If the commissioner determines that the establishment
of the lake improvement district as requested in the petition
would be for the public welfare and public interest, and that
the purposes of section 32, subdivision 1, would be served by
the establishment of a lake improvement district, the
commissioner shall by order approve the establishment of the
lake improvement district. If the commissioner does not approve
the establishment of the district, the commissioner shall by
order disapprove the establishment.
(c) An order approving creation may contain modifications
of the area's boundaries, functions, financing, or organization
from what was stated in the petition. [378.45 s. 3]
Sec. 37. [103B.535] [ORDER ESTABLISHING DISTRICT.]
An order by the county board or joint county authority
establishing a district must state the:
(1) name of the district;
(2) boundaries of the district, which are encouraged to be
as consistent as practical with natural hydrologic boundaries;
(3) water and related land resources management programs
and services to be undertaken;
(4) manner of financing programs and services; and
(5) number, qualifications, terms of office, removal, and
filling of vacancies of the board of directors. [378.455]
Sec. 38. [103B.541] [PUBLICATION AND EFFECTIVE DATE.]
Subdivision 1. [PUBLICATION OF ESTABLISHMENT ORDER.] If a
lake improvement district is established, the county board, or
joint county authority issuing the order establishing the
district, shall publish the order once in the official
newspapers of counties where the district is located and file
the order with the secretary of state, the pollution control
agency, and the commissioner of natural resources. [378.46 s.
1]
Subd. 2. [EFFECTIVE DATE.] Establishment of the lake
improvement district is effective 30 days after publication or
at a later date, if specified in the establishment order.
[378.46 s. 2]
Sec. 39. [103B.545] [REFERENDUM ON ESTABLISHMENT.]
Subdivision 1. [PETITION.] Twenty-six percent of the
property owners within the lake improvement district established
by the board or a joint county authority on its own initiative
under section 33 may petition for a referendum on establishing
the district before the effective date of its establishment.
After receiving the petition, the county board or joint county
authority must issue an order staying the establishment until a
referendum vote is taken of all qualified voters and property
owners within the proposed lake improvement district. [378.47
s. 1]
Subd. 2. [ELECTION.] The county board or joint county
authority shall conduct a special election in July or August
after receiving the referendum petition. The special election
must be held within the proposed lake improvement district. The
county auditor shall administer the special election. [378.47
s. 2]
Subd. 3. [QUESTION SUBMITTED TO VOTERS.] The question to
be submitted and voted upon by the qualified voters and property
owners within the proposed lake improvement district must be
stated substantially as follows:
"Should a lake improvement district be established to
provide (description of intended water and related land
resources improvements) and financed by (description of revenue
sources)?" [378.47 s. 3]
Subd. 4. [CERTIFICATION OF VOTE AND ESTABLISHMENT.] The
county auditor must certify the vote on the question submitted.
If a majority of those voting on the question favor establishing
the proposed lake improvement district, the stay on establishing
the district is lifted. If a majority of those voting on the
question do not favor establishing the proposed lake improvement
district, the establishment is denied. [378.47 s. 4]
Sec. 40. [103B.551] [BOARD OF DIRECTORS.]
Subdivision 1. [MEMBERSHIP.] After a lake improvement
district is established, the county board or joint county
authority shall appoint persons to serve as an initial board of
directors for the district. The number, qualifications, terms
of office, removal, and filling of vacancies of directors shall
be as provided in the order creating the board of directors.
The initial and all subsequent boards of directors must include
persons owning property within the district, and a majority of
the directors must be residents of the district. [378.51 s. 1]
Subd. 2. [COMPENSATION.] The directors shall serve with
compensation as determined by the property owners at the annual
meeting and may be reimbursed for their actual expenses
necessarily incurred in the performance of their duties in the
manner provided for county employees. [378.51 s. 2]
Subd. 3. [POWERS.] County boards, joint county
authorities, statutory and home rule cities, and towns may, by
order, delegate the powers in this section to the board of
directors of a district to be exercised within the district.
Programs and services undertaken must be consistent with the
statewide water and related land resources plan prepared by the
commissioner of natural resources, and with regional water and
related land resources plans. A body of water may not be
improved by using authority granted under this section unless
the public has access to some portion of the shoreline. County
boards, joint county authorities, statutory and home rule
cities, and towns may delegate their authority to a district
board of directors to:
(1) acquire by gift or purchase an existing dam or control
works that affects the level of waters in the district;
(2) construct and operate water control structures that are
approved by the commissioner of natural resources under article
7, section 22;
(3) undertake projects to change the course current or
cross section of public waters that are approved by the
commissioner of natural resources under article 7, section 22;
(4) acquire property, equipment, or other facilities, by
gift or purchase to improve navigation;
(5) contract with a board of managers of a watershed
district within the lake improvement district or the board of
supervisors of a soil and water conservation district within the
district for improvements under chapters 103C and 103D;
(6) undertake research to determine the condition and
development of the body of water and the water entering it and
to transmit the results of the studies to the pollution control
agency and other interested authorities;
(7) develop and implement a comprehensive plan to eliminate
water pollution;
(8) conduct a program of water improvement and
conservation;
(9) construct a water, sewer, or water and sewer system in
the manner provided by section 444.075 or other applicable laws;
(10) receive financial assistance from and participate in
projects or enter into contracts with federal and state agencies
for the study and treatment of pollution problems and related
demonstration programs;
(11) make cooperative agreements with the United States or
state government or other counties or cities to effectuate water
and related land resource programs;
(12) maintain public beaches, public docks, and other
public facilities for access to the body of water;
(13) provide and finance a government service of the county
or statutory or home rule city that is not provided throughout
the county or, if the government service is provided, the
service is at an increased level within the district; and
(14) regulate water surface use as provided in article 7,
sections 60 and 63, and article 9, section 10. [378.51 s. 3]
Sec. 41. [103B.555] [FINANCING.]
Subdivision 1. [REVENUE.] The county board or joint county
authority may undertake projects of improvement consistent with
purposes of the district. To finance projects and services of
the district, the county board or joint county authority may:
(1) assess the costs of the projects upon benefited
property within the district in the manner provided under
chapter 429;
(2) impose service charges on the users of lake improvement
district services within the district;
(3) issue obligations as provided in section 429.091;
(4) levy an ad valorem tax solely on property within the
lake improvement district, to be appropriated and expended
solely on projects of special benefit to the district; or
(5) impose or issue any combination of service charges,
special assessments, obligations, and taxes. [378.52 s. 1]
Subd. 2. [TAX ADDITIONAL TO OTHER LEVIES.] A tax under
subdivision 1 may be in addition to amounts levied on all
taxable property in the county for the same or similar
purposes. [378.52 s. 2]
Subd. 3. [BUDGETING FOR OPERATIONS.] The county board or
county boards forming the joint county authority shall include
appropriate provisions in their budget for the operation of a
lake improvement district. [378.52 s. 3]
Sec. 42. [103B.561] [VOTING BY JOINT COUNTY BOARDS.]
If a lake improvement district has been established by
order of the commissioner of natural resources under section 36,
voting by county boards on joint actions of the lake improvement
district shall be based on proportional representation for each
county according to the proportion of the population of the lake
improvement district residing within each county, and not on the
basis of one vote per county or one vote per county board member
unless each county or each board member represents substantially
the same number of persons residing within the lake improvement
district. [378.53]
Sec. 43. [103B.565] [ENFORCEMENT OF ORDINANCES.]
If a lake improvement district has been established by
joint county action under section 35 or order of the
commissioner of natural resources under section 36, ordinances
and regulations adopted by joint action of the affected county
boards may be enforced in any part of the lake improvement
district by personnel of any of the affected counties. [378.54]
Sec. 44. [103B.571] [ANNUAL MEETING OF DISTRICT.]
Subdivision 1. [TIME.] A district must have an annual
meeting. The first annual meeting shall be scheduled during the
month of July or August, and be held annually in that period
unless changed by vote of the previous annual meeting. [378.545
s. 1]
Subd. 2. [NOTICE.] The annual meeting shall be preceded by
two weeks' published notice and written notice mailed at least
ten days in advance of the meeting to the county board or joint
county authority, town boards and statutory and home rule
charter cities wholly or partially within the district, the
pollution control agency, commissioner of natural resources, and
if there is a proposed project by the district having a cost in
excess of $5,000, all property owners within the assessment area.
[378.545 s. 2]
Subd. 3. [AGENDA.] At the annual meeting the district
property owners present shall:
(1) elect one or more directors to fill vacancies in the
board of directors;
(2) approve a budget for the fiscal year;
(3) approve or disapprove proposed projects by the district
having a cost to the district in excess of $5,000; and
(4) take up and consider other business that comes before
them. [378.545 s. 3]
Subd. 4. [ANNUAL REPORT.] Each year the board of directors
shall prepare and file a report of the financial conditions of
the district, the status of all projects in the district, the
business transacted by the district, other matters affecting the
interests of the district, and a discussion of the directors'
intentions for the succeeding years. Copies of the report shall
be transmitted to the county board or joint county authority,
town boards and city councils of statutory and home rule charter
cities wholly or partially within the district, the commissioner
of natural resources, and the pollution control agency by four
months after the annual meeting. [378.57]
Sec. 45. [103B.575] [EXPANSION OF THE BOUNDARIES OF A LAKE
IMPROVEMENT DISTRICT.]
The boundary of a district may be enlarged by complying
with the procedures to establish a district under sections 32 to
38. [378.55]
Sec. 46. [103B.581] [TERMINATION.]
Subdivision 1. [PETITION.] Termination of a district may
be initiated by petition requesting the termination of the
district. The petition must be signed by 26 percent of the
property owners in a district within 30 days after receiving a
petition. The county board or joint county authority must set a
time and place for a hearing on terminating the district.
[378.56 s. 1]
Subd. 2. [FINDINGS AND ORDER.] If the board or joint
county authority determines that the existence of the district
is no longer in the public welfare or public interest and it is
not needed to accomplish the purpose of the lake improvement
district act, the board or joint county authority shall make the
findings and terminate the district by order. On filing a
certified copy of the findings and order with the secretary of
state, pollution control agency, and commissioner of natural
resources the district is terminated and ceases to be a
political subdivision of the state. [378.56 s. 1a]
Subd. 3. [TERMINATION OF FINANCING.] If a district is
terminated under subdivision 2, additional water and related
land resource management programs may not be undertaken with
money raised by a special tax within the district, and
additional special water and related land resource management
taxes may not be levied within the district. If money raised by
past special tax levies within the district has been exhausted,
further operation and maintenance of existing programs may be
financed by appropriations from the general revenue fund of an
affected county. [378.56 s. 2]
LAKE MINNETONKA CONSERVATION DISTRICT
Sec. 47. [103B.601] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 47 to 56.
Subd. 2. [BOARD.] "Board" means the governing board of the
directors of the district.
Subd. 3. [DISTRICT.] "District" means the Lake Minnetonka
conservation district.
Subd. 4. [MUNICIPALITY.] "Municipality" means the home
rule charter or statutory city of Minnetrista, Mound, Spring
Park, Orono, Minnetonka Beach, Wayzata, Minnetonka, Woodland,
Deephaven, Shorewood, Greenwood, Excelsior, Tonka Bay, or
Victoria. [MN L 1967, c 907, sec 1, 12]
Sec. 48. [103B.605] [DISTRICT.]
Subdivision 1. [ESTABLISHMENT.] The Lake Minnetonka
conservation district established under Laws 1967, chapter 907,
and Laws 1969, chapter 272, is a corporate and political body
and a political subdivision of this state, and may sue and be
sued, enter into contracts, and hold real and personal property
for its purposes. [MN L 1967, c 907, sec 6; MN L 1969, c 272,
sec 5]
Subd. 2. [DISTRICT IS AN EMPLOYER.] The district is an
employer within the definition of section 176.011, subdivision
10, and is included in the provisions of chapter 176. [MN L
1967, c 907, sec 9]
Subd. 3. [DISTRICT IS PUBLIC CORPORATION.] The district is
a public corporation within the definition of section 466.01 and
is included in the provisions of chapter 466. [MN L 1967, c
907, sec 10]
Subd. 4. [DISSOLUTION.] The district may be dissolved by
the decision of the governing bodies of three-quarters of the
municipalities in the district. The decision of a town shall be
made by the board of supervisors of the town. [MN L 1967, c
907, sec 11]
Sec. 49. [103B.611] [BOARD.]
Subdivision 1. [COMPOSITION.] The district is governed by
a board composed of members elected by the governing bodies of
the municipalities included in the district. Each municipality
shall elect one member. [MN L 1967, c 907, sec 2, subd 2; MN L
1969, c 272, sec 1]
Subd. 2. [TERM.] The term of office of each board member
is three years. [MN L 1967, c 907, sec 2, subd 2]
Subd. 3. [POWERS.] Subject to the provisions of chapters
97A, 103D, 103E, 103G, and 115, and the rules and regulations of
the respective agencies and governing bodies vested with
jurisdiction and authority under those chapters, the district
has the following powers:
(1) to regulate the types of boats permitted to use the
lake and set service fees;
(2) to regulate, maintain, and police public beaches,
public docks, and other public facilities for access to the lake
within the territory of the municipalities, provided that a
municipality may supersede the district's action under this
clause by adopting an ordinance specifically referring to the
district's action by one year after the district's action;
(3) to limit by rule the use of the lake at various times
and the use of various parts of the lake;
(4) to regulate the speed of boats on the lake and the
conduct of other activities on the lake to secure the safety of
the public and the most general public use;
(5) to contract with other law enforcement agencies to
police the lake and its shore;
(6) to regulate the construction, installation, and
maintenance of permanent and temporary docks and moorings
consistent with federal and state law;
(7) to regulate the construction and use of mechanical and
chemical means of deicing the lake and to regulate mechanical
and chemical means of removal of weeds and algae from the lake;
(8) to regulate the construction, configuration, size,
location, and maintenance of commercial marinas and their
related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the
applicable municipal building codes and zoning ordinances where
the marinas are located;
(9) to contract with other governmental bodies to perform
any of the functions of the district;
(10) to undertake research to determine the condition and
development of the lake and the water entering it and to
transmit their studies to the pollution control agency and other
interested authorities, and to develop a comprehensive program
to eliminate pollution;
(11) to receive financial assistance from and join in
projects or enter into contracts with federal and state agencies
for the study and treatment of pollution problems and
demonstration programs related to them; and
(12) to petition the board of managers of a watershed
district in which the lake conservation district is located for
improvements under article 4, section 54; a bond is not required
of the lake conservation district. [MN L 1967, c 907, sec 3; MN
L 1969, c 272, sec 2]
Subd. 4. [BYLAWS AND BOARD PROCEDURES.] The board shall
adopt a seal, bylaws for the regulation of the affairs of the
district, and rules of procedure to govern the board's actions
that are consistent with law. [MN L 1967, c 907, sec 7]
Sec. 50. [103B.615] [DISTRICT OFFICERS.]
Subdivision 1. [ELECTION AND TERMS.] (a) The board shall
elect from its membership a chairperson to serve for a period of
one year and shall also elect a secretary and a treasurer.
(b) The officers hold office at the pleasure of the board.
[MN L 1967, c 907, sec 8, subd 1]
Subd. 2. [COMPENSATION.] The board shall fix the
compensation of the officers. [MN L 1967, c 907, sec 8, subd 1]
Subd. 3. [OTHER OFFICERS AND EMPLOYEES.] The board may
appoint other officers, agents, and employees who shall perform
duties and receive compensation as the board determines and are
removable at the pleasure of the board. [MN L 1967, c 907, sec
8, subd 4]
Sec. 51. [103B.621] [TREASURER.]
Subdivision 1. [BOND.] Before taking office, the treasurer
shall give bond to the district in an amount to be determined by
the board. [MN L 1967, c 907, sec 8, subd 2]
Subd. 2. [DUTIES.] (a) The treasurer shall receive and is
responsible for all money of the district. The money of the
district shall be considered public funds.
(b) The treasurer shall disburse the funds of the district
in accordance with rules of the board. [MN L 1967, c 907, sec
8, subd 2]
Subd. 3. [INVESTMENTS.] (a) If there are funds not
currently needed, the treasurer may invest the funds in treasury
bonds, certificates of indebtedness, bonds or notes of the
United States of America, or bonds, notes or certificates of
indebtedness of the state of Minnesota. The bonds,
certificates, or notes must mature by three years from the date
of purchase. If the board determines that invested funds are
needed for current purposes before the maturity dates of the
bonds, certificates, or notes, the board shall notify the
treasurer and the treasurer shall order the sale or convert the
bonds, certificates, or notes into cash in the amount determined
by the board.
(b) The interest and profit on investments shall be
credited to and constitute a part of the funds of the district.
[MN L 1967, c 907, sec 8, subd 2]
Subd. 4. [FINANCIAL STATEMENT.] The treasurer shall keep
an account of the funds received and disbursed. At least once a
year at times designated by the board, the treasurer must file a
financial statement with the municipalities forming the district
showing in appropriate and identifiable groupings:
(1) the receipts and disbursements since the last approved
financial statement;
(2) the money on hand;
(3) the purposes for which the money of the district is
appropriated;
(4) an account of all bonds, certificates, or notes
purchased and the funds from which they were purchased; and
(5) the interest and profit that has accrued from
investments. [MN L 1967, c 907, sec 8, subd 2]
Subd. 5. [COMPENSATION FOR CLERKS.] The district may pay
to the treasurer compensation to cover hiring clerks to carry
out the treasurer's duties. [MN L 1967, c 907, sec 8, subd 2]
Sec. 52. [103B.625] [EXECUTIVE DIRECTOR.]
Subdivision 1. [APPOINTMENT.] The board may appoint an
executive director for the district. The executive director
shall serve at the pleasure of the board and shall receive
compensation as determined by the board. [MN L 1967, c 907, sec
8, subd 3]
Subd. 2. [DUTIES AND POWERS.] Under the supervision of the
board, the executive director:
(1) is the executive and operating officer of the district;
(2) is responsible for the operation, management, and
promotion of all activities with which the district is charged
and other duties prescribed by the board; and
(3) has the powers necessarily incident to the performance
of the duties of the executive director and other powers granted
by the board, but without authority to incur liability or make
expenditures on behalf of the district without general or
specific directions by the board, as shown by the bylaws or
minutes of its meetings. [MN L 1967, c 907, sec 8, subd 3]
Sec. 53. [103B.631] [PERFORMANCE OF DUTIES AND EXPENSES.]
Subdivision 1. [DUTIES MAY BE PERFORMED BY MUNICIPAL
EMPLOYEES.] The duties of the district may be executed by
employees of the municipalities. [MN L 1967, c 907, sec 4]
Subd. 2. [EXPENSES.] The expenses of the district shall be
borne by the municipalities. The portion of the expenses of the
district borne by each municipality must be in proportion to its
net tax capacity provided that the portion of any one
municipality may not be more than 20 percent of the total
expense or less than $200. [MN L 1967, c 907, sec 4; MN L 1969,
c 272, sec 3]
Sec. 54. [103B.635] [FUNDING OF DISTRICT.]
Subdivision 1. [BUDGET.] The board must, on or before July
1 each year, prepare and submit a detailed budget of the
district's needs for the next calendar year to the governing
body of each municipality in the district with a statement of
the proportion of the budget to be provided by each
municipality. The governing body of each municipality in the
district shall review the budget and the board, upon notice from
a municipality, must hear objections to the budget. After the
hearing, the board may modify or amend the budget. Notice must
be given to the municipalities of modifications or amendments.
[MN L 1967, c 907, sec 5]
Subd. 2. [MUNICIPAL FUNDING OF DISTRICT.] (a) The
governing body or board of supervisors of each municipality in
the district must provide the funds necessary to meet its
proportion of the total cost determined by the board.
(b) A municipality may raise the funds by any means that
the municipality has to raise funds. The municipalities may
each levy a tax not to exceed .00242 percent of taxable market
value on the taxable property located in the district for
funding the district. The levy must be within all other
limitations provided by law.
(c) The funds must be deposited in the treasury of the
district in amounts and at times as the treasurer of the
district requires. [MN L 1967, c 907, sec 5; MN L 1969, c 272,
sec 4]
Sec. 55. [103B.641] [REGULATIONS OF DISTRICT.]
Subdivision 1. [AUTHORITY AND EFFECT.] (a) The district
may adopt rules and regulations to effectuate the purpose of its
establishment and the powers granted to the district.
(b) The rules and regulations have the effect of an
ordinance if declared by the board of directors of the district
and stated in the rule or regulation.
(c) The rules and regulations of the district may be
enforced by the district by injunction in addition to penalties
under this section. [MN L 1969, c 272, sec 6]
Subd. 2. [ADOPTION PROCEDURE.] (a) A rule or regulation
must be suitably titled.
(b) A rule or regulation must be adopted by a majority vote
of all of the members of the board of directors. The adopted
rule or regulation must be signed by the chair, attested by the
secretary of the board, and published once in an official
newspaper.
(c) Proof of publication must be attached to and filed with
the rule or regulation. Each rule and regulation must be
recorded in the rule and regulation book by 20 days after its
publication.
Subd. 3. [PENALTY.] A person who violates a rule or
regulation that has the force and effect of an ordinance is
guilty of a misdemeanor and subject to a sentence of not more
than 90 days plus costs or a fine of not more than $100 plus
costs. [MN L 1969, c 272, sec 6]
Sec. 56. [103B.645] [PROSECUTION OF VIOLATIONS.]
Subdivision 1. [COMPLAINT FOR VIOLATION.] A prosecution
for a violation of a rule or regulation shall be brought in the
name of the district upon complaint and warrant as in other
criminal cases. If the accused is arrested without a warrant, a
written complaint shall be made, to which the accused shall be
required to plead, and a warrant shall issue on the complaint.
The warrant and all other process in such cases shall be
directed for service to a police officer, court officer,
marshal, constable, or sheriff of any of the municipalities in
the district. [MN L 1969, c 272, sec 7]
Subd. 2. [COMPLAINT.] It is a sufficient pleading of the
rules and regulations of the district to refer to them by
section and number or chapter, or any other way that clearly
reflects the rules and regulations that are the subject of the
pleading. The rules and regulations shall have the effect of
general laws within the district and need not be given in
evidence upon the trial of an action.
Subd. 3. [APPEAL TO DISTRICT COURT.] Appeals may be taken
from the district court in the same manner as from judgments in
civil actions. [MN L 1969, c 272, sec 7]
WHITE BEAR LAKE CONSERVATION DISTRICT
Sec. 57. [103B.651] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 55 to 63.
Subd. 2. [BOARD.] "Board" means the governing board of the
district.
Subd. 3. [DISTRICT.] "District" means the White Bear Lake
conservation district.
Subd. 4. [MUNICIPALITY.] "Municipality" means the city of
White Bear Lake, the town of White Bear, the city of Birchwood,
the city of Mahtomedi, or the city of Dellwood. [MN L 1971, c
355, sec 1]
Sec. 58. [103B.655] [DISTRICT.]
Subdivision 1. [ESTABLISHMENT.] The White Bear Lake
conservation district established under Laws 1971, chapter 355,
as amended by Laws 1974, chapter 111, and Laws 1977, chapter
322, is a corporate and political body, and may sue and be sued,
enter into contracts, and hold real and personal property for
its purposes. [MN L 1971, c 355, sec 6]
Subd. 2. [DISTRICT IS EMPLOYER.] The district is an
employer within the definition of section 176.011, subdivision
10, and is included in the provisions of chapter 176. [MN L
1971, c 355, sec 9]
Subd. 3. [DISTRICT IS POLITICAL AND CORPORATE BODY.] The
district is a public corporation and a political subdivision of
the state. The district is also within the definition of
section 466.01, and is included in the provisions of chapter
466. [MN L 1971, c 355, sec 10]
Subd. 4. [DISSOLUTION.] The district may be dissolved by
the decision of the governing bodies of four of the
municipalities in the district. The decision of a town shall be
made by the board of supervisors of the town. [MN L 1971, c
355, sec 11]
Sec. 59. [103B.661] [BOARD.]
Subdivision 1. [MEMBERSHIP.] (a) The district shall be
governed by the board composed of members elected by the
governing bodies of the municipalities included in the
district. Each municipality shall elect two members.
(b) The term of office of each member shall be three
years. [MN L 1971, c 355, sec 2, subd 2; MN L 1977, c 322, sec
2]
Subd. 2. [POWERS.] Subject to the provisions of chapters
97A, 103D, 103E, 103G, and 115, and the rules and regulations of
the respective agencies and governing bodies vested with
jurisdiction and authority under those chapters, the district
has the following powers to:
(1) regulate the types of boats permitted to use the lake;
(2) limit the use of motors, including their types and
horsepower, on the lake;
(3) regulate, maintain, and police public beaches, public
docks, and other public facilities for access to the lake within
the territory of the municipalities;
(4) limit by rule the use of the lake at various times and
the use of various parts of the lake;
(5) regulate the speed of boats on the lake and the conduct
of other activities on the lake to secure the safety of the
public and the most general public use;
(6) contract with other law enforcement agencies to police
the lake and its shores;
(7) regulate the construction, installation, and
maintenance of permanent and temporary docks and moorings
consistent with federal and state law;
(8) regulate the construction and use of mechanical and
chemical means of deicing the lake and to regulate the
mechanical and chemical means of removal of weeds and algae from
the lake;
(9) regulate the construction, configuration, size,
location, and maintenance of commercial marinas and their
related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the
applicable municipal building codes and zoning ordinances where
said marinas are situated;
(10) contract with other governmental bodies to perform any
of the functions of the district;
(11) undertake research to determine the condition and
development of the lake and the water entering it and to
transmit their studies to the pollution control agency and other
interested authorities; and to develop a comprehensive program
to eliminate pollution;
(12) receive financial assistance from and join in projects
or enter into contracts with federal and state agencies for the
study and treatment of pollution problems and demonstration
programs related to them;
(13) petition the board of managers of a watershed district
where the White Bear Lake conservation district is located for
improvements under article 4, section 54, for which a bond may
not be required of the district; and
(14) to require the submission of all plans pertaining to
or affecting construction or other lakeshore use on any lot or
parcel of land abutting the shoreline including: length of
setback from the shoreline, adjoining property, or any street or
highway; problems of population density; possible water, air or
visual pollution; or height of construction. The board shall
have 60 days after submission of plans or any part thereof for
review. If, within 60 days of submission the board finds the
plan or any part is inconsistent with its plans or ordinances,
it may recommend that the plan or any part be revised and
resubmitted. [MN L 1971, c 355, sec 3; MN L 1974, c 111, sec 1]
Subd. 3. [BYLAWS AND BOARD PROCEDURES.] The board shall
adopt a seal, bylaws for the regulation of the affairs of the
district, and rules of procedure to govern the board's actions
that are consistent with law. [MN L 1971, c 355, sec 7]
Sec. 60. [103B.665] [DISTRICT OFFICERS AND EMPLOYEES.]
Subdivision 1. [ELECTION AND TERMS.] (a) The board shall
elect from its membership the following officers to serve for a
period of one year: chair, vice-chair, secretary, and
treasurer. The offices of secretary and treasurer shall be
combined unless a resolution is adopted to the contrary by the
board prior to the election.
(b) The officers shall hold office at the pleasure of the
board. [MN L 1971, c 355, sec 8, subd 1; MN L 1977, c 322, sec
3]
Subd. 2. [COMPENSATION.] The board shall set the
compensation of the officers. [MN L 1971, c 355, sec 8, subd 1]
Subd. 3. [EMPLOYEES.] The board may appoint other
officers, agents, and employees who shall perform duties and
receive compensation as the board determines and are removable
at the pleasure of the board. [MN L 1971, c 355, sec 8, subd 4]
Sec. 61. [103B.671] [TREASURER.]
Subdivision 1. [BOND.] Before taking office, the treasurer
shall give bond to the district in an amount to be determined by
the board. [MN L 1971, c 355, sec 8, subd 2]
Subd. 2. [DUTIES.] (a) The treasurer shall receive and is
responsible for the money of the district. The money of the
district shall be considered public funds.
(b) The treasurer shall disburse the funds of the district
in accordance with rules of the board. [MN L 1971, c 355, sec
8, subd 2]
Subd. 3. [INVESTMENTS.] (a) If funds are not currently
needed, the treasurer may invest the funds in treasury bonds,
certificates of indebtedness, bonds or notes of the United
States of America, or bonds, notes, or certificates of
indebtedness of the state of Minnesota. The bonds, notes, or
certificates must mature by three years from the date of
purchase.
(b) If the board determines that invested funds are needed
for current purposes before the maturity dates of the securities
held, the board shall certify to the treasurer and the treasurer
shall order the sale or conversion of the bonds, notes, or
certificates needed into cash.
(c) The interest and profit on investments shall be
credited to and constitute a part of the funds of the district.
[MN L 1971, c 355, sec 8, subd 2]
Subd. 4. [ACCOUNTING AND RECORDS.] The treasurer shall
keep an account of the funds received and disbursed. At least
once a year, at times designated by the board, the treasurer
must file with the municipalities forming the district a
financial statement of the district showing in appropriate and
identifiable groupings:
(1) the receipts and disbursements since the last approved
statements;
(2) the money on hand and the purposes for which the money
is appropriated; and
(3) an account of bonds, notes, and certificates purchased,
the funds from which they were purchased, and the interest and
profit accrued on the investment. [MN L 1971, c 355, sec 8,
subd 2]
Subd. 5. [COMPENSATION FOR CLERKS.] The district may pay
to the treasurer compensation to cover hiring clerks and to
carry out the treasurer's duties. [MN L 1971, c 355, sec 8,
subd 2]
Sec. 62. [103B.675] [EXECUTIVE DIRECTOR.]
Subdivision 1. [APPOINTMENT.] (a) The board may appoint an
executive director.
(b) The executive director is the executive and operating
officer of the district, shall serve at the pleasure of the
board, and shall receive compensation set by the board. [MN L
1971, c 355, sec 8, subd 3]
Subd. 2. [DUTIES AND POWERS.] (a) Under the supervision of
the board, the executive director is responsible for the
operation, management, and promotion of all activities of the
district and other duties prescribed by the governing board.
(b) The executive director has the powers necessarily
incident to the performance of the executive director's duties
and other powers granted by the board, except the director does
not have authority to incur liability or make expenditures on
behalf of the district without general or specific directions by
the board as shown by the bylaws or minutes of the board's
meetings. [MN L 1971, c 355, sec 8, subd 3]
Sec. 63. [103B.681] [RULES.]
Subdivision 1. [AUTHORITY.] The district may adopt rules
to effectuate the purposes of its establishment and the powers
granted to the district. All rules must be suitably entitled.
[MN L 1971, c 355, sec 12, subd 1]
Subd. 2. [EFFECT OF RULES.] The rules have the force and
effect of an ordinance if declared by the board and stated in
the rules. [MN L 1971, c 355, sec 12, subd 1]
Subd. 3. [PROCEDURE.] (a) A rule must be enacted by a
majority vote of all the members of the board. The rule must be
signed by the chairperson and attested by the secretary.
(b) The rule must be published once in official newspapers
of Washington and Ramsey counties. Proof of publication shall
be attached to and filed with the rule.
(c) A rule must be recorded in the rule book within 20 days
after its publication. [MN L 1971, c 355, sec 12, subd 2]
Subd. 4. [CRIMINAL PENALTY.] (a) A violation of rule is a
misdemeanor and punishable by a sentence of not more than 90
days plus costs or a fine of not more than $300 plus costs. [MN
L 1971, c 355, sec 12, subd 2]
(b) All prosecutions for violations of rules shall be
brought in the name of the district upon complaint and warrant
as in other criminal cases. [MN L 1971, c 355, sec 13, subd 1]
Subd. 5. [INJUNCTION.] The rules may be enforced by the
district by injunction in addition to other penalties provided.
[MN L 1971, c 355, sec 12, subd 1]
Sec. 64. [103B.683] [PROSECUTION OF VIOLATIONS.]
Subdivision 1. [COMPLAINT FOR VIOLATION.] A prosecution
for a violation of a rule or regulation shall be brought in the
name of the district upon complaint and warrant as in other
criminal cases. If the accused is arrested without a warrant, a
written complaint shall be made, to which the accused shall be
required to plead, and a warrant shall issue on the complaint.
The warrant and all other process in such cases shall be
directed for service to a police officer, court officer,
marshal, constable, or sheriff of any of the municipalities in
the district. [MN L 1971, c 355, sec 13]
Subd. 2. [COMPLAINT.] It is a sufficient pleading of the
rules and regulations of the district to refer to them by
section and number or chapter, or any other way that clearly
reflects the rules and regulations that are the subject of the
pleading. The rules and regulations shall have the effect of
general laws within the district and need not be given in
evidence upon the trial of an action.
Subd. 3. [APPEAL TO DISTRICT COURT.] Appeals may be taken
from the district court in the same manner as from judgments in
civil actions. [MN L 1971, c 355, sec 13]
Sec. 65. [103B.685] [PERFORMANCE OF DUTIES AND EXPENSES.]
Subdivision 1. [DUTIES.] The duties of the district may be
executed by employees of the municipalities. [MN L 1971, c 355,
sec 4]
Subd. 2. [EXPENSES.] The expenses of the district shall be
borne by the municipalities. The portion of the expenses of the
district borne by each municipality must be in proportion to its
net tax capacity, except a municipality's portion may not be
less than $200 per year. [MN L 1971, c 355, sec 4; MN L 1974, c
111, sec 2]
Sec. 66. [103B.691] [FUNDING OF DISTRICT.]
Subdivision 1. [BUDGET.] The board must, on or before July
1 each year, prepare and submit a detailed budget of the
district's needs for the next calendar year to the governing
body of each municipality in the district with a statement of
the proportion of the budget to be provided by each
municipality. The governing body of each municipality in the
district shall review the budget and the board upon notice from
a municipality must hear objections to the budget. After the
hearing, the board may modify or amend the budget. Notice must
be given to the municipalities of modifications or amendments.
Subd. 2. [MUNICIPAL FUNDING OF DISTRICT.] (a) The
governing body or board of supervisors of each municipality in
the district shall provide the funds necessary to meet its
proportion of the total cost to be borne by the municipalities
as finally certified by the board.
(b) The municipality's funds may be raised by any means
within the authority of the municipality. The municipalities
may each levy a tax not to exceed .02418 percent of taxable
market value on the taxable property located in the district to
provide the funds. The levy shall be within all other
limitations provided by law.
(c) The funds must be deposited into the treasury of the
district in amounts and at times as the treasurer of the
district requires. [MN L 1971, c 355, sec 5]
ARTICLE 3
CHAPTER 103C
SOIL AND WATER CONSERVATION DISTRICTS
Section 1. [103C.001] [EFFECT OF CHAPTER 103C ON WATER
LAW.]
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G
constitute the water law of this state and may be cited as the
water law.
Sec. 2. [103C.005] [SOIL AND WATER CONSERVATION POLICY.]
Improper land use practices have caused serious wind and
water erosion of the land of this state, the runoff of polluting
materials, increased costs to maintain agricultural
productivity, increased energy costs and increased flood
damage. Land occupiers have the responsibility to implement
practices to correct these conditions and conserve the soil and
water resources of the state. It is the policy of the state to
encourage land occupiers to conserve soil and water resources
through the implementation of practices that effectively reduce
or prevent erosion, sedimentation, siltation and agriculturally
related pollution in order to preserve natural resources, ensure
continued soil productivity, control floods, prevent impairment
of dams and reservoirs, assist in maintaining the navigability
of rivers and harbors, preserve wildlife, protect the tax base,
and protect public lands. [40.02]
Sec. 3. [103C.009] [CITATION.]
This chapter may be cited as the soil and water
conservation district law. [40.15]
Sec. 4. [103C.101] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [40.01 s. 1]
Subd. 2. [APPROPRIATE AGENCIES.] "Appropriate agencies"
means local, state, or federal agencies that possess expertise,
involvement, or authority concerning the use and development of
land and water resources, but does not include districts or the
state board. [40.01 s. 15]
Subd. 3. [DISTRICT.] "District" means a soil and water
conservation district. [40.01 s. 2]
Subd. 4. [DISTRICT BOARD.] "District board" means the
board of supervisors of a soil and water conservation district.
[40.01 s. 3]
Subd. 5. [DUE NOTICE.] "Due notice" means notice published
at least twice, with an interval of at least seven days between
the two publication dates, in a legal newspaper, and by posting
at three conspicuous places within an appropriate area. Posting
must include, if possible, posting at public places where it is
customary to post notices concerning county or municipal
affairs. A hearing held pursuant to a notice at the time and
place designated in the notice may be adjourned, from time to
time, without renewing the notice for the adjourned dates.
[40.01 s. 12]
Subd. 6. [FEDERAL.] "Federal" means the United States, the
soil conservation service of the United States Department of
Agriculture, and agencies or instrumentalities, corporate or
otherwise, of the United States. [40.01 s. 9]
Subd. 7. [GOVERNMENT.] "Government" means the state or the
United States, or an agency or instrumentality of the state or
the United States. [40.01 s. 10]
Subd. 8. [LAND OCCUPIER.] "Land occupier" means a person,
corporation, or legal entity that holds title to or is in
possession of land within a district as an owner, lessee,
tenant, or otherwise. [40.01 s. 11]
Subd. 9. [NOMINATING PETITION.] "Nominating petition"
means a petition filed under sections 13, subdivision 1, and 14,
subdivision 2, to nominate candidates for the office of
supervisor. [40.01 s. 6]
Subd. 10. [SOIL AND WATER CONSERVATION DISTRICT.] "Soil
and water conservation district" means a governmental
subdivision organized under this chapter. [40.01 s. 2]
Subd. 11. [STATE AGENCY.] "State agency" means a political
subdivision, agency, or instrumentality, corporate or otherwise,
of the state. [40.01 s. 8]
Subd. 12. [STATE BOARD.] "State board" means the board of
water and soil resources. [40.01 s. 4]
Subd. 13. [SUPERVISOR.] "Supervisor" means a member of a
district board. [40.01 s. 3]
Subd. 14. [WATERSHED PROJECT.] "Watershed project" means a
project that is approved and authorized to be carried out by the
district in a watershed area in accordance with a watershed work
plan. [40.01 s. 14]
Subd. 15. [WATERSHED WORK PLAN.] "Watershed work plan"
means a plan for constructing works of improvement in a
watershed area, including structural and land treatment measures
for flood prevention or the conservation, development,
utilization, and disposal of water that is developed by the
district, with or without federal assistance. [40.01 s. 13]
SOIL AND WATER CONSERVATION DISTRICTS
Sec. 5. [103C.201] [FORMATION OF SOIL AND WATER
CONSERVATION DISTRICTS.]
Subdivision 1. [PETITION.] (a) Twenty-five land occupiers
in an area proposed to be organized into a district may file a
petition with the state board requesting that a soil and water
conservation district be organized to function in the area
described in the petition. The petition must state:
(1) the proposed name of the district;
(2) that there is need, in the interest of the public
health, safety, and welfare, for a district in the described
area;
(3) a description of the area proposed to be organized as a
district, which need not be by metes and bounds or legal
subdivision, but may be by general description that identifies
the area;
(4) a request that the state board define the boundaries
for the district;
(5) a request for a referendum to be held in the defined
territory on the question of the creation of a district in the
territory; and
(6) a request by the state board to determine that a
district be established.
(b) If more than one petition is filed covering parts of
the same area, the state board may consolidate the petitions.
[40.04 s. 1]
Subd. 2. [HEARINGS.] (a) By 30 days after a petition has
been filed with the state board, the state board may give due
notice of a proposed hearing, to be held by the state board or a
designated agent, on:
(1) the question of the desirability and necessity, in the
interest of the public health, safety, and welfare, for the
establishment of a district;
(2) the appropriate boundaries of the district;
(3) the propriety of the petition and other proceedings
taken under this section; and
(4) other questions relevant to clauses (1), (2), and (3).
(b) Land occupiers in the area described in the petition
and in the area considered for addition to the described area
and other interested parties may attend the hearing and be
heard. If after a hearing, the state board determines it may be
desirable to include in the proposed district area outside the
area where notice of the hearing was given, the hearing must be
adjourned and due notice of the continued hearing must be given
throughout the entire area considered for inclusion in the
district, and the continued hearing held. [40.04 s. 2]
Subd. 3. [CONSIDERATIONS FOR DISTRICT ESTABLISHMENT.] (a)
After the hearing is complete, if the state board determines, on
the information presented at the hearing and other relevant
information, that there is a need, in the interest of the public
health, safety, and welfare, for a district to function in the
area considered at the hearing, the state board shall make and
record the determination and define the district boundaries by
metes and bounds or by legal subdivisions. In making the
determination and in defining the boundaries, the state board
shall consider the public policy in article 1, section 6, and:
(1) the topography of the area considered and of the state;
(2) the composition of its soils;
(3) the distribution of erosion;
(4) the prevailing land use practices;
(5) the desirability and necessity of including within the
boundaries the particular lands under consideration;
(6) the benefits the lands may receive from being included;
(7) the relation of the proposed area to existing
watersheds and agricultural regions and other soil and water
conservation districts organized or proposed for organization;
and
(8) other relevant physical, geographical, and economic
factors.
(b) The area included in a district need not be contiguous.
[40.04 s. 2]
Subd. 4. [DENIAL OF PETITION.] (a) If the state board
determines, after the hearing and consideration of the
information, that there is not a need for a district to function
in the area, the state board must make and record the
determination and deny the petition.
(b) Subsequent petitions to establish a district in
substantially the same area may not be filed until six months
after the date of the denial of a petition. [40.04 s. 2]
Subd. 5. [REFERENDUM FOR DISTRICT ESTABLISHMENT.] (a)
After the state board has made and recorded a determination that
there is a need for a district in a particular area and has
defined the boundaries, the state board shall consider whether
the operation of a district within the boundaries is
administratively feasible. To assist the state board to
determine the feasibility, the state board shall, within a
reasonable time after entry of the finding that there is a need
for the proposed district, give notice of and hold a referendum
within the proposed district on the creation of the district.
(b) The question shall be submitted by ballots with:
(1) the words printed "For creation of a soil and water
conservation district of the lands described below in the county
(or counties) of ........... and .........." and "Against
establishment of a soil and water conservation district of the
lands described below in the county (or counties) of ........
and ........";
(2) a square before each proposition and a direction to
insert an X mark in the square before one proposition or the
other as the voter may favor or oppose establishment of the
district; and
(3) the boundaries of the proposed district.
(c) Only land occupiers in the boundaries of the proposed
district, as determined by the state board, may vote in the
referendum. [40.04 s. 3]
Subd. 6. [ADMINISTRATION OF REFERENDUM.] The state board
shall pay the expenses for the notices and the conduct of the
hearing and referendum, and supervise their conduct. The state
board shall issue rules governing the conduct of hearings and
referenda, and providing for the registration, before the date
of the referendum, of all eligible voters, or prescribing some
other appropriate procedure to determine eligible voters.
Informalities in the conduct of a referendum or in a matter
related to it do not invalidate the referendum or its result if
notice of it has been given substantially as provided by this
section and the referendum has been fairly conducted. [40.04 s.
4]
Subd. 7. [DETERMINATION AFTER REFERENDUM.] (a) The state
board shall publish the result of the referendum and then
determine whether the operation of a district in the defined
boundaries is administratively feasible. In making the
determination the state board must consider the policy in
article 1, section 6, and:
(1) the attitudes of the land occupiers in the defined
boundaries;
(2) the number of land occupiers eligible to vote in the
referendum who have voted;
(3) the proportion of the votes cast in the referendum in
favor of establishing the district to the total number of votes
cast;
(4) the approximate wealth and income of the land occupiers
of the proposed district;
(5) the probable expense of carrying on erosion-control
operations within the district; and
(6) other relevant economic and social factors. The state
board may not determine that the operation of the proposed
district within the defined boundaries is administratively
feasible unless a majority of the votes cast in the referendum
on establishment of the district have been cast in favor of
establishing the district.
(b) If the state board determines that the operation of the
district is not administratively feasible, the state board shall
record the determination and deny the petition. [40.04 s. 5] Six
months after the date of entry of a determination by the state
board that operation of a proposed district is not
administratively feasible, a new petition may be filed and a new
proceeding started. [40.04 s. 7]
(c) If the state board determines that the operation of the
district is administratively feasible, it shall record the
determination and proceed with the establishment and
organization of the district. [40.04 s. 5]
Subd. 8. [APPLICATION BY SUPERVISORS TO SECRETARY OF
STATE.] (a) The district shall be a governmental subdivision of
this state and a public body corporate and politic after the
actions in this subdivision are taken.
(b) If the state board determines that the operation of the
proposed district within the defined boundaries is
administratively feasible, the state board must appoint two
supervisors to act, with the three elected supervisors, as the
district board.
(c) The two appointed supervisors shall sign and present an
application to the secretary of state with the following
recitals:
(1) a petition for the establishment of a district was
filed with the state board;
(2) the proper proceedings were taken relating to the
petition;
(3) the application is being filed to complete the
organization of the district as a governmental subdivision and a
public body, corporate or politic;
(4) the state board has appointed the signers as
supervisors;
(5) the name and official residence of each supervisor,
with a certified copy of the supervisor's appointment;
(6) the term of office of each supervisor;
(7) the name proposed for the district; and
(8) the location of the principal office of the district
board.
(d) The application shall be subscribed and sworn to by
each supervisor before an officer authorized by state law to
take oaths. The officer shall certify upon the application that
the officer has personal knowledge of the supervisors, that they
are the supervisors named in the application, and that each
supervisor has signed the application in the officer's
presence. [40.04 s. 6]
Subd. 9. [CERTIFIED STATEMENT OF STATE BOARD.] (a) The
application shall be accompanied by a certified statement of
recitals by the state board, that:
(1) a petition was filed, notice issued, and hearing held;
(2) the state board determined that there is need, in the
interest of the public health, safety, and welfare, for a
district to function in the proposed area;
(3) the state board defined the district's boundaries;
(4) notice was given and a referendum held on the question
of establishing a district;
(5) a majority of the votes cast in the referendum were in
favor of establishing a district; and
(6) after the referendum the state board determined that
the operation of the proposed district is administratively
feasible.
(b) The certified statement shall prescribe the boundaries
of the district as defined by the state board. [40.04 s. 6]
Subd. 10. [SECRETARY OF STATE'S CERTIFICATE.] (a) The
secretary of state shall examine the application of the
supervisors and certified statement of the state board and, on
finding that the name proposed for the district is not identical
to the name of another district in the state, and is not so
similar as to lead to confusion or uncertainty, the secretary of
state shall receive, file, and record the application and
statement.
(b) If the secretary of state finds that the name proposed
for the district is identical with the name of another district,
or so similar as to lead to confusion and uncertainty, the
secretary of state shall certify the fact to the state board.
The state board shall submit to the secretary of state a new
name for the district that does not have the defect. Upon
receipt of a new name, free of defect, the secretary of state
shall record the application and statement, with the new name.
(c) After the application and statement have been made,
filed, and recorded, the district is a governmental subdivision
of the state.
(d) The secretary of state shall issue to the supervisors a
certificate, under the seal of the state, of the organization of
the district and record the certificate with the application and
statement.
(e) The boundaries of the district consist of the area
determined by the state board, but may not include area in
another district. The area of a home rule charter or statutory
city within the boundaries of a district is included in the
district. If there is a question of whether an area is within
or outside of a district, the state board shall determine
whether the area of a city is included. [40.04 s. 6]
Subd. 11. [CERTIFICATE OF ORGANIZATION AS EVIDENCE.] In a
suit, action, or proceeding involving the validity of,
enforcement of, or relating to, a contract, proceeding, or
action of a district, the district is considered to have been
established in accordance with this section upon proof of the
issuance of the certificate by the secretary of state. A copy
of the certificate, certified by the secretary of state, is
admissible in evidence in the suit, action, or proceeding and is
proof of its filing and contents. [40.04 s. 9]
Sec. 6. [103C.205] [ANNEXING ADDITIONAL AREA.]
(a) Land occupiers may file a petition to include
additional area within an existing district with the state
board. The procedure for a petition to establish a district
shall be followed on a petition to include additional area. The
state board shall prescribe the form for the petition, which
shall be as nearly as possible in the form for a petition to
organize a district.
(b) If the number of land occupiers in the area proposed
for inclusion is less than 25, the petition may be filed when
signed by a majority of the land occupiers in the area and a
referendum need not be held.
(c) In a referendum to include additional area, all land
occupiers within the proposed additional area may vote.
(d) It is not necessary to obtain the consent of the owners
within the district before the additional area is annexed to a
district. [40.04 s. 8]
Sec. 7. [103C.211] [CONSOLIDATION AND DIVISION OF
DISTRICTS.]
(a) A petition to consolidate two or more districts or to
separate a district into two or more districts may be filed with
the state board by 25 or more land occupiers within the affected
districts. It is not necessary to obtain the consent of fee
owners in an established district before districts are
consolidated or an existing district is divided. Proceedings
provided for petitions to organize a district shall be followed
as far as they are applicable. The state board shall prescribe
the form for a petition, which shall be as nearly as possible in
the form for petitions to organize a district.
(b) The land occupiers within the affected districts may
vote in the referendum. The state board may not determine the
administrative feasibility of consolidating or separating
districts unless a majority of the votes cast in the referendum
within each separate district affected, or within each separate
area sought to be made a separate district, is in favor of the
consolidation or separation.
(c) When districts are consolidated or separated, the
corporate existence and terms of office of the officers of the
old districts expire upon the issuance and recording by the
secretary of state of a certificate of organization of the new
districts. Upon consolidation, the rights and liabilities of
the consolidating districts shall be assumed by the consolidated
district. Upon separation, the rights and liabilities of the
original district shall be vested in and assumed by the new
districts in an equitable proportion determined by the state
board. A separation does not affect the term of office for
which a supervisor was elected or appointed. The supervisor
shall continue to represent the district where the supervisor
resides for that full term. [40.04 s. 8]
Sec. 8. [103C.215] [CHANGE OF NAME.]
The name of a district may be changed with the approval of
the state board, after the adoption of a resolution by a
majority of the supervisors stating the new name, by filing a
certified copy of the resolution with the secretary of state.
[40.04 s. 10]
Sec. 9. [103C.221] [CHANGE OF LOCATION OF PRINCIPAL
OFFICE.]
The location of the principal office of the district board
may be changed with the approval of the state board after the
adoption of a resolution by a majority of the district board
stating the new location, and by filing a certified copy of the
resolution with the secretary of state. [40.04 s. 11]
Sec. 10. [103C.225] [DISCONTINUANCE OF DISTRICTS.]
Subdivision 1. [PETITION FOR TERMINATION.] (a) After five
years after the organization of a district, 25 occupiers of land
in the district may file a petition with the state board asking
that the operations and existence of the district be terminated.
(b) The state board may not receive a petition, conduct a
referendum, or make a determination on a petition to discontinue
a district more often than once in two years. [40.14]
Subd. 2. [HEARINGS.] The state board may conduct public
meetings and public hearings upon the petition as necessary to
assist in consideration of the petition. [40.14]
Subd. 3. [REFERENDUM.] (a) Within 60 days after the
petition is received by the state board, it shall give due
notice of the holding of a referendum, supervise the referendum,
and issue appropriate regulations governing the conduct of the
referendum.
(b) The question shall be submitted by ballots, upon which
the words "For terminating the existence of the
.................. (name of the soil and water conservation
district to be here inserted)" and "Against terminating the
existence of the .................. (name of the soil and water
conservation district to be here inserted)" shall be printed,
with a square before each proposition and a direction to insert
an X mark in the square before one or the other.
(c) Only land occupiers in the district may vote in the
referendum.
(d) Informalities in the conduct of the referendum or
matters relating to the referendum do not invalidate the
referendum, or result of the referendum, if due notice has been
given and the referendum has been fairly conducted.
(e) The state board shall publish the result of the
referendum. [40.14]
Subd. 4. [DETERMINATION BY STATE BOARD.] (a) The state
board shall determine whether the continued operation of the
district board is administratively feasible and give
consideration to the public policy under article 1, section 6,
and:
(1) the attitudes of the occupiers of lands lying within
the district;
(2) the number of land occupiers eligible to vote in the
referendum who have voted;
(3) the proportion of the votes cast in the referendum in
favor of the discontinuance of the district to the total number
of votes cast;
(4) the approximate wealth and income of the land occupiers
of the district;
(5) the probable expense of carrying on erosion-control
operations within the district; and
(6) other economic and social factors relevant to the
determination.
(b) If the state board determines that the continued
operation of the district is administratively feasible, the
state shall record the determination and deny the petition.
(c) If the state board determines that the continued
operation of the district is not administratively feasible, the
state board shall record the determination and certify the
determination to the district board. The state board may not
determine that the continued operation of the district is
administratively feasible unless at least a majority of the
votes cast in the referendum have been cast in favor of
continuance. [40.14]
Subd. 5. [TERMINATION OF DISTRICT AFFAIRS.] Upon receipt
from the state board of a certification that the state board has
determined that the continued operation of the district is not
administratively feasible, the district board shall promptly
terminate the affairs of the district. The district board shall
dispose of all property belonging to the district at public
auction and pay the proceeds into the state treasury. [40.14]
Subd. 6. [APPLICATION TO SECRETARY OF STATE.] The district
board shall then file a verified application with the secretary
of state to discontinue the district with the certificate of the
state board setting forth its determination that the continued
operation of the district is not administratively feasible. The
application shall recite that the property of the district has
been disposed of and the proceeds paid as provided in this
section, and set forth a full accounting of the property and
proceeds. [40.14]
Subd. 7. [CERTIFICATE OF DISSOLUTION.] The secretary of
state shall issue to the district board a certificate of
dissolution and record the certificate in the secretary of
state's office. [40.14]
Subd. 8. [EFFECT OF DISSOLUTION.] Upon issuance of the
certificate of dissolution, the ordinances and regulations in
force in the district are of no further force. All contracts
entered into, to which the district or district board were
parties, shall remain in force and effect for the period
provided in the contracts. The state board shall be substituted
for the district or district board as party to the contracts and
succeed to the district's rights and duties. [40.14]
Sec. 11. [103C.231] [COOPERATION BETWEEN DISTRICTS AND
OTHER PUBLIC AGENCIES.]
Subdivision 1. [COOPERATION WITH OTHER AGENCIES.] (a) The
district boards of two or more districts may cooperate with one
another or with appropriate agencies to exercise powers
conferred in this chapter or article 6, sections 57 to 68.
[40.12]
(b) The district board may make contracts or other
arrangements with:
(1) the federal government;
(2) persons or public or private corporations; and
(3) the government of this state or other states.
(c) A soil and water conservation district may join or
cooperate by agreement as provided in section 471.59 with
another soil and water conservation district or a watershed
district, or a governmental unit defined in section 471.59, or
with a combination of them in an operation or project in which
the soil and water conservation district and the other party
have a common interest. For the purposes of this section, soil
and water conservation districts and watershed districts are
governmental units under section 471.59. [40.12]
Subd. 2. [COOPERATION AMONG DISTRICTS.] (a) If the
improvement work unit covers two districts, a joint board made
up of three supervisors from each of the district boards shall
preside. If the improvement work unit covers three or more
districts, a joint board made up of two supervisors from each
district board shall preside. The individual boards shall
appoint the supervisors to represent them on the joint board.
(b) The joint board shall accept and approve initial
requests for improvement work units, direct the preparation of
preliminary surveys and studies, establish improvement work
units, and, at the direction of the county boards, adopt
programs and reports, award contracts, supervise construction,
and accept completed construction work. [40.12]
Sec. 12. [103C.235] [STATE AGENCIES TO COOPERATE.]
State agencies which have jurisdiction over or administer
state-owned lands, and agencies of a county, or other
governmental subdivision, that have jurisdiction over or
administer county-owned or other publicly owned lands that are
in a district, shall cooperate with the district boards to
implement programs and operations undertaken by the district
board under this chapter and article 6, sections 57 to 68. The
district board shall have free access to enter and perform work
on the affected lands. [40.13]
DISTRICT BOARDS
Sec. 13. [103C.301] [INITIAL ELECTION OF SUPERVISORS.]
Subdivision 1. [NOMINATING PETITIONS.] Within 30 days
after the date that the secretary of state issues a certificate
of organization of a district, or during additional time as the
state board may allow, nominating petitions may be filed with
the state board nominating legal voters as candidates for
election as supervisors. Two supervisors shall be elected for
terms to expire on December 31 following the second general
election after their initial election, and one for a term to
expire on December 31 following the third general election after
their initial election. Each petition must be signed by one or
more legal voters of the district. If a person signs petitions
nominating more than three candidates, the signature may not be
counted on any petition. [40.05 s. 1]
Subd. 2. [NOTICE OF ELECTION.] The state board shall give
due notice of the time and place where the election will be held
in the district, and specify in the notice the names of all
candidates and the terms for which they are nominated. [40.05
s. 1]
Subd. 3. [BALLOTS.] The state board shall prepare ballots
for the election with the surnames of the candidates printed in
alphabetical order for each term, a square before each name, and
a direction to insert an X mark in the square before three names
with different terms to indicate the voter's choice. [40.05 s.
1]
Subd. 4. [VOTING.] All legal voters shall be eligible to
vote at the election. [40.05 s. 1]
Subd. 5. [ELECTION.] The three candidates who receive the
highest numbers respectively of the votes cast for each of three
positions at the election shall be the elected supervisors. In
case of a tie, the election shall be determined by lot, under
the direction of the state board. The state board shall
supervise the election, pay expenses of the election, prescribe
rules for the election, determine the eligibility of voters, and
publish the results. [40.05 s. 1]
Subd. 6. [ELECTED SUPERVISOR TERM.] Except to fill a
vacancy, supervisors shall be elected for six-year terms.
[40.05 s. 2]
Sec. 14. [103C.305] [GENERAL ELECTION OF SUPERVISORS.]
Subdivision 1. [TIME FOR ELECTION.] Except for elections
under section 13 held after the organization of the district,
elections must be held at the state general election specified
in section 204D.03, subdivision 2. A primary may not be held.
[40.05 s. 3]
Subd. 2. [NOMINATING PETITION.] (a) The district secretary
shall immediately submit the names of the candidates and the
terms for which each candidate is nominated to the county
auditor.
(b) Nominating petitions conforming to section 13,
subdivision 1, shall be filed with the secretary of the district
at least 60 days before the general election. [40.05 s. 3]
Subd. 3. [BALLOTS.] Ballots shall be prepared by the
county auditor. The names of candidates shall be placed on the
"canary ballot" described in section 204D.11, subdivision 3.
[40.05 s. 3]
Subd. 4. [ELECTION.] Laws relating to elections for county
office shall govern to the extent that they are consistent with
this section and section 15. The county auditor shall certify
the result to the state board. If the district includes land in
more than one county, the county auditor shall immediately
certify to the state board the vote, as shown by the report of
the county canvassing board, for candidates voted for in more
than one county. In the latter case, the state board shall
certify and publish the result. [40.05 s. 3]
Subd. 5. [ELECTION WITHIN AREAS GOVERNED BY INDIAN
TRIBES.] In a district where a supervisor nomination district is
entirely within lands of an American Indian tribe or band to
which county election laws do not apply, a supervisor to
represent the district shall be elected or appointed as provided
by the governing body of the tribe or band. [40.05 s. 3a]
Subd. 6. [VACANCY.] (a) If a vacancy occurs in the office
of an elected supervisor, more than 60 days before the next
general election, the district board shall fill the vacancy by
appointment. The supervisor appointed shall hold office until
December 31 following the next general election. A successor
shall be elected at the general election following the
appointment and hold office for the remainder of the term or for
the next regular term, whichever is appropriate.
(b) If a vacancy occurs less than 60 days before the next
general election, the district board shall fill the vacancy by
appointment. The appointed supervisor shall hold office until
the expiration of the term or until December 31 following the
second succeeding general election, whichever is shorter. A
successor shall be elected at the general election preceding
expiration of the appointed term and hold office for the
remainder of the term or for the next regular term, whichever is
appropriate. [40.05 s. 4]
Sec. 15. [103C.311] [FORMATION OF SUPERVISOR DISTRICTS.]
(a) The district board, after two successive annual
elections have been held, shall, with the approval of the state
board, divide a district into five supervisor districts for
purposes of nomination for election. At each election after the
division, one or more supervisors shall be nominated from each
supervisor district.
(b) If the boundary of a soil and water conservation
district has been substantially changed by a division of the
district, the district shall be divided into five supervisor
districts for nomination purposes.
(c) This subdivision does not disqualify a supervisor
during the term for which the supervisor was elected or
nominated for election. Supervisors nominated from the
supervisor districts shall be included on the ballot for
election from the entire area included in the soil and water
conservation district.
(d) A certified copy of the minutes or the resolution of
the supervisors establishing supervisor districts must be
promptly filed by the chair of the district board with the
county auditor of the counties where the district is located and
with the state board. [40.04 s. 12]
Sec. 16. [103C.315] [SUPERVISORS.]
Subdivision 1. [MEMBERS.] (a) The district board shall
consist of five supervisors, elected or appointed as provided in
section 5, subdivision 8, and sections 13 and 14.
(b) Supervisors must be legal voters residing in the
district. [40.06 s. 1]
Subd. 2. [TERMS.] The two supervisors appointed by the
state board upon the establishment of a district shall serve
terms ending on December 31 following the next general election
after their appointment. Their successors shall be elected for
terms of six years. [40.06 s. 1]
A supervisor shall hold office until a successor is elected
or appointed and has qualified. Vacancies in the office of
supervisor appointed by the state board shall be filled by the
state board. [40.06 s. 2]
Subd. 3. [QUORUM.] A majority of the supervisors is a
quorum and the concurrence of a majority in any matter is
required for its determination except as otherwise expressly
provided. [40.06 s. 2]
Subd. 4. [COMPENSATION.] A supervisor shall receive
compensation for services as the state board may determine, and
may be reimbursed for expenses, including traveling expenses,
necessarily incurred in the discharge of duties. A supervisor
shall be reimbursed for the use of the supervisor's own
automobile in the performance of duties at the rate per mile
prescribed for state officers and employees. [40.06 s. 2]
Subd. 5. [REMOVAL OF SUPERVISOR.] A supervisor may be
removed by the state board upon notice and hearing, for neglect
of duty or malfeasance in office, but for no other reason.
[40.06 s. 4]
Sec. 17. [103C.321] [OFFICERS AND EMPLOYEES.]
Subdivision 1. [OFFICERS.] (a) The supervisors shall elect
or appoint officers for the district and the district board.
(b) A chair of the district board shall be elected from its
own members.
(c) A secretary and a treasurer shall be appointed who need
not be members of the board.
(d) Officers serve at the pleasure of the supervisors.
Officers shall have the powers and duties incident to their
respective offices, and other powers and duties expressly
prescribed by law or directed by the district board. [40.06 s.
3]
Subd. 2. [EMPLOYEES.] The district board may employ
technical experts and other officers, agents, and employees,
permanent and temporary, as they may require. The supervisors
shall determine their qualifications, duties, and compensation.
[40.06 s. 3]
Subd. 3. [EMPLOYEE AND OFFICER BONDS.] The district board
shall provide for the execution of surety bonds for all
employees and officers who are entrusted with funds or
property. [40.06 s. 4]
Subd. 4. [ATTORNEY.] The county attorney of the county
where the major portion of the district is located or one
otherwise employed by the board shall be the attorney for the
district and its supervisors. The district board may call upon
the county attorney for necessary legal counsel and advice and
service. [40.06 s. 3]
Subd. 5. [DELEGATION OF DUTIES.] The district board may
delegate to its chair or other officer, to one or more
supervisors, or to one or more agents or employees the powers
and duties they deem proper. [40.06 s. 3]
Sec. 18. [103C.325] [RECORDS, AUDIT, INFORMATION TO STATE
BOARD.]
Subdivision 1. [RECORDS.] The district board shall keep a
full and accurate record of all proceedings and resolutions,
regulations, and orders issued or adopted. [40.06 s. 4]
Subd. 2. [AUDIT.] The state auditor shall annually audit
the books of the district and its supervisors, or, at the
request of the district board, the state auditor may contract
for an annual audit by a certified public accountant. The state
auditor may determine that an annual audit of a district is not
necessary, in which case an audit shall be made at least every
four years. [40.06 s. 4]
Subd. 3. [INFORMATION TO STATE BOARD.] The supervisors
shall furnish to the state board, upon request, copies of the
ordinances, rules, regulations, orders, contracts, forms, and
other documents that they adopt or use, and other information
concerning their activities as the state board requires in the
performance of its duties under this chapter. [40.06 s. 3]
Sec. 19. [103C.331] [POWERS OF DISTRICT BOARDS.]
Subdivision 1. [GENERAL AUTHORITY.] A soil and water
conservation district is a governmental and political
subdivision of this state, and a public body, corporate and
politic, and has the following powers in addition to any others
prescribed by law. [40.07 s. 1]
Subd. 2. [ADVISORY ASSISTANCE.] The supervisors may invite
the legislative body of a municipality or county in the district
to designate a representative to advise and consult with the
supervisors of the district on questions of program and policy
that may affect the property, water supply, or other interests
of the municipality or county. [40.06 s. 5]
Subd. 3. [SURVEYS, INVESTIGATIONS, AND RESEARCH.] A
district may conduct surveys, investigations, and research to
identify the problems and preventive practices specified in
article 1, section 6. To avoid duplication of research
activities, no district shall initiate any research program
except in cooperation with a state agency or an agency of the
United States. [40.07 s. 2]
Subd. 4. [PUBLICATION OF INFORMATION.] A district may
publish its comprehensive plan and the results of its surveys,
investigations, and research and may disseminate information to
the public concerning any of its activities. [40.07 s. 2]
Subd. 5. [DEMONSTRATION PROJECTS.] A district may conduct
demonstration projects within the district on lands owned or
administered by a state agency, with the cooperation of the
administering agency, and on other lands with the consent of the
land occupier, to demonstrate practices which implement the
state policy specified in article 1, section 6. [40.07 s. 3]
Subd. 6. [IMPLEMENTATION OF PRACTICES.] A district may
implement any necessary practices within the district, including
structural measures and works of improvement for any purpose
specified in article 1, section 6, methods of cultivation, the
use of vegetation, and changes in use of land, on:
(1) lands acquired by the district;
(2) lands owned or administered by a state agency, with the
cooperation of the administering agency; and
(3) other lands, with the consent of the land occupier.
[40.07 s. 4]
Subd. 7. [IMPLEMENTATION OF SOIL AND WATER CONSERVATION
POLICY.] A district may cooperate or enter into agreements with
and furnish financial or other aid to a land occupier or
appropriate agency, to implement the policy specified in article
1, section 6, within the district, subject to conditions the
district board determines is necessary. [40.07 s. 5]
Subd. 8. [ACQUISITION AND MAINTENANCE OF PROPERTY.] A
district may acquire any rights or interests in real or personal
property by option, purchase, exchange, lease, gift, grant,
bequest, devise, or otherwise. It may maintain, operate,
administer, and improve any properties acquired. It may receive
income from the properties and expend the income to implement
this chapter and article 6, sections 57 to 68. It may sell,
lease, or otherwise dispose of any of its property or
interests. [40.07 s. 6]
Subd. 9. [USE OF MACHINERY AND SUPPLIES.] A district may
make available, on terms it shall prescribe, to land occupiers
within the district, agricultural and engineering machinery and
equipment, fertilizer, seeds, and seedlings, and other material
or equipment which will assist land occupiers to implement
practices on their land specified in section 2. [40.07 s. 7]
Subd. 10. [CONSTRUCTION OF IMPROVEMENTS.] A district may
construct, install, improve, maintain, and operate structures
and works necessary or convenient to perform an operation
authorized under this chapter and article 6, sections 57 to 68.
[40.07 s. 8]
Subd. 11. [COMPREHENSIVE PLAN.] (a) A district may develop
and revise a comprehensive plan, specifying practices to
implement the state policy specified in article 1, section 6,
including:
(1) the construction, maintenance, and operation of
structural measures;
(2) methods of cultivation;
(3) the use of vegetation;
(4) cropping programs;
(5) mechanical practices;
(6) changes in use of land;
(7) other land use, soil erosion reduction, and
agricultural practices; and
(8) related technical standards and specifications.
(b) The plan shall include a classification of the soil
types within the district as determined by the Minnesota
cooperative soil survey.
(c) The plan must identify the areas within the district
where erosion, sedimentation and related water quality problems
appear most in need of control methods.
(d) The plan shall be consistent with the statewide
framework water resources plan, the statewide water quality
management plan, and the state board's soil and water program
plan. The plan shall be prepared as required by the rules of
the state board.
(e) By August 1 of each even-numbered year, each district
which applies for cost-sharing funds under section 23 shall
submit to the state board an amendment of its comprehensive plan
that identifies high priority erosion, sedimentation and water
quality problems within the district as required by the rules of
the state board.
(f) By August 1 of each year, each district that applies
for cost-sharing funds under section 23 shall submit to the
state board an annual work plan for the high priority erosion,
sedimentation and water quality problems in the district. The
work plan shall be prepared as required by the rules of the
state board. In preparing the annual work plan, the district
shall actively identify and seek out land occupiers with high
priority erosion problems who have not participated in
cost-sharing contracts and encourage their participation in
programs to control their erosion problems. [40.07 s. 9]
Subd. 12. [ASSUMPTION OF CONSERVATION PROJECTS.] (a) A
district may take over by purchase, lease, or otherwise, and may
improve, maintain, operate, and administer a soil or water
conservation, erosion-control, erosion-prevention, watershed
protection, flood prevention or flood control project in its
boundaries undertaken by the United States or by a state agency.
(b) A district may accept donations, gifts, grants, or
contributions in money, services, materials, or otherwise from
the United States, a state agency or other source to accomplish
the authorization in this section. A board may enter into a
contract or agreement necessary or appropriate to accomplish the
transfer. A board may use or expend money, services, materials,
or other things to accomplish an authorized purpose. [40.07 s.
10]
Subd. 13. [AUTHORITY FOR SUIT AND CONTRACTS.] A district
may sue and be sued in its name, have perpetual succession
unless terminated as provided in section 10, make and execute
contracts and other instruments necessary or convenient to the
exercise of its powers, and make, amend, or repeal rules and
regulations consistent with this chapter and article 6, sections
57 to 68. [40.07 s. 11]
Subd. 14. [COMPENSATION FOR WORK OR PROJECTS.] As a
condition for extending benefits for the performance of work
upon lands not owned or administered by a state agency or the
district, the supervisors may require compensation or
contributions in money, services, materials, or otherwise,
commensurate with the cost or reasonable value of the operations
or work conferring the benefits. [40.07 s. 12]
Subd. 15. [AGREEMENTS FOR FEDERAL ASSISTANCE.] (a) A
district may submit an application and enter into an agreement
or contract with the secretary of agriculture or other
designated authority to obtain or use federal assistance under
any law providing for federal assistance for an authorized
purpose of the district.
(b) A district may:
(1) acquire without cost to the federal government any
land, easements, or rights-of-way needed in connection with
works of improvement installed with federal assistance;
(2) assume the proportionate share of the cost of
installing works of improvement involving federal assistance
determined by the secretary or other designated authority to be
equitable in consideration of anticipated benefits from the
improvements;
(3) make arrangements satisfactory to the secretary or
other authority to defray costs of operating and maintaining
works of improvement in accordance with prescribed regulations;
(4) acquire or provide assurance that land occupiers have
acquired the water rights and other rights, pursuant to state
law, needed to install, maintain, and operate the works of
improvement; and
(5) obtain agreements to carry out recommended soil and
water conservation measures and prepare farm plans for owners of
not less than 50 percent or other required percentage of the
lands situated in a drainage area above a retention reservoir
installed with federal assistance, as prescribed by applicable
federal law, and may do any other acts necessary to secure and
use federal aid. [40.07 s. 14]
Subd. 16. [BUDGET.] The district board shall annually
present a budget consisting of an itemized statement of district
expenses for the ensuing calendar year to the boards of county
commissioners of the counties in which the district is located.
The county boards may levy an annual tax on all taxable real
property in the district for the amount that the boards
determine is necessary to meet the requirements of the
district. The amount levied shall be collected and distributed
to the district as prescribed by chapter 276. The amount may be
spent by the district board for a district purpose authorized by
law. [40.07 s. 15]
Subd. 17. [FUNDS FOR STATE AND NATIONAL ASSOCIATIONS.] A
district may appropriate funds to provide membership in state
and national associations that have as their purpose the
betterment and improvement of soil and water conservation
district operations. A district may participate through
designated representatives in the meetings and activities of the
associations. A district may appropriate funds to defray the
actual and necessary expenses of its representatives in
connection with the associations' membership. The expenses may
be paid only upon the presentation of a verified itemized
claim. [40.07 s. 16]
Subd. 18. [LIABILITY INSURANCE.] A district may procure
liability insurance as provided in section 466.06, automobile
insurance on personal cars while used on official business,
insurance on the contents of district offices, and workers'
compensation insurance, or may require the counties in which the
district is located to include the district in the counties'
insurance coverage for these purposes. [40.071]
Sec. 20. [103C.335] [TECHNICAL AND ADMINISTRATIVE
ASSISTANCE TO DISTRICTS.]
At the request of local districts, the agricultural
extension service of the University of Minnesota, county
extension committees, and county extension agents shall:
(1) advise the districts in developing their comprehensive
plan amendments and annual work plans;
(2) in cooperation with the districts and the soil
conservation service of the United States Department of
Agriculture, provide technical assistance and education to land
occupiers about conservation tillage practices and other soil
conservation practices; and
(3) participate in training district officials and
employees in cooperation with the state board. [40.038]
DUTIES OF THE STATE BOARD
Sec. 21. [103C.401] [BOARD OF WATER AND SOIL RESOURCES.]
Subdivision 1. [POWERS AND DUTIES.] In addition to the
powers and duties of the state board provided by other law, the
state board shall:
(1) receive and disburse any grants made available to the
state by the United States Department of Agriculture under the
preferred program developed under United States Code, title 16,
sections 2001 to 2009;
(2) offer to assist the district boards to implement their
programs;
(3) keep the district boards of the state informed of the
activities and experience of other districts and facilitate
cooperation and an interchange of advice and experience among
the districts;
(4) coordinate the programs and activities of the districts
with appropriate agencies by advice and consultation;
(5) approve or disapprove the plans or programs of
districts relating to the use of state funds administered by the
state board;
(6) secure the cooperation and assistance of agencies in
the work of the districts and develop a program to advise and
assist appropriate agencies in obtaining state and federal funds
for erosion, sedimentation, flooding, and agriculturally related
pollution control programs;
(7) develop and implement a public information program
concerning the districts' activities and programs, the problems
and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood
prevention, and the advantages of formation of districts in
areas where their organization is desirable;
(8) divide and consolidate districts without a hearing or a
referendum to confine districts within county limits, without
allowing a district, if feasible and practicable, to contain
less than four full or fractional congressional townships;
(9) assist the statewide program to inventory and classify
the types of soils in the state as determined by the Minnesota
cooperative soil survey;
(10) identify research needs and cooperate with other
public agencies in research concerning the nature and extent of
erosion, sedimentation, flooding and agriculturally related
pollution, the amounts and sources of sediment and pollutants
delivered to the waters of the state, and long-term soil
productivity;
(11) develop structural, land use management practice, and
other programs to reduce or prevent soil erosion, sedimentation,
flooding, and agriculturally related pollution;
(12) develop a system of priorities to identify the
erosion, flooding, sediment, and agriculturally related
pollution problem areas that most need control systems; and
(13) ensure compliance with statewide programs and policies
established by the state board by advice, consultation, and
approval of grant agreements with the districts. [40.03 s. 4]
Subd. 2. [USE OF FUNDS.] (a) Funds made available to a
district from the state for expenditures necessary for its
operations may be used only for purposes authorized by the state
board.
(b) A district may designate the board of county
commissioners to act as the agent of the district to receive and
expend the funds at the direction and with the approval of the
district board.
(c) At least annually the state board shall audit, in a
manner it prescribes, the expenditure of the funds. [40.03 s.
4]
Sec. 22. [103C.405] [PROGRAM PLAN.]
Subdivision 1. [CONTENTS.] The state board shall prepare,
in consultation with the districts and appropriate agencies, a
program plan to accomplish its duties. The state board shall
use the program plan in decisions to allocate funds to
districts. The state board shall emphasize the determination of
priority areas where erosion, sedimentation, and related water
quality problems appear most in need of control and the
development of the comprehensive public information program.
[40.035 s. 1]
Subd. 2. [INFORMATIONAL HEARING ON PLAN.] To develop the
program plan, the state board may request existing pertinent
information from state agencies and may conduct hearings.
[40.035 s. 2]
Subd. 3. [COORDINATION WITH STATE RESOURCE PLANS.] The
program plan shall be coordinated as closely as possible with
the statewide framework water resources plan, the statewide
water quality management plan, and other statewide resource
plans. [40.035 s. 3]
Subd. 4. [REVIEW AND REVISION.] The state board shall
review and revise the program plan at intervals it deems
appropriate. [40.035 s. 4]
COST-SHARING CONTRACTS
Sec. 23. [103C.501] [COST-SHARING CONTRACTS FOR EROSION
CONTROL AND WATER MANAGEMENT.]
Subdivision 1. [COST SHARE AUTHORIZATION.] The state board
may allocate available funds to districts to share the cost of
systems or practices for erosion or sedimentation control or
water quality improvement that are designed to protect and
improve soil and water resources. [40.036 s. 1]
Subd. 2. [REQUEST BY DISTRICT BOARD.] (a) A district board
requesting funds of the state board must submit an application
in a form prescribed by the board containing:
(1) a comprehensive plan;
(2) an annual work plan; and
(3) an application for cost-sharing funds.
(b) The comprehensive and annual work plans must be
completed as provided in section 19, subdivision 11. After
review of the district's comprehensive plan, the state board
must approve the comprehensive plan with necessary amendments or
reject the plan. [40.036 s. 1]
Subd. 3. [APPROVAL OF APPLICATION.] If the state board
approves the comprehensive plan, including the plan's most
recent amendment, the annual work plan, and the application of
the district, the state board shall determine the specific
amount of funds to allocate to the district for cost-sharing
contracts. [40.036 s. 1]
Subd. 4. [COST-SHARING FUNDS.] (a) The state board shall
allocate at least 70 percent of cost-sharing funds to areas with
high priority erosion, sedimentation, or water quality
problems. The areas must be selected based on the statewide
priorities established by the state board. The allocated funds
must be used for conservation practices for high priority
problems identified in the comprehensive and annual work plans
of the districts.
(b) The remaining cost-sharing funds may be allocated to
districts as follows:
(1) for technical and administrative assistance, not more
than 20 percent of the funds; and
(2) for conservation practices for lower priority erosion,
sedimentation, or water quality problems. [40.036 s. 1]
Subd. 5. [CONTRACTS BY DISTRICTS.] (a) A district board
may contract on a cost-share basis to furnish financial aid to a
land occupier or to a state agency for permanent systems for
erosion or sedimentation control or water quality improvement
that are consistent with the district's comprehensive and annual
work plans. [40.036 s. 2]
(b) The duration of the contract may be the time required
to complete the planned systems. A contract must specify that
the land occupier is liable for monetary damages, not to exceed
the amount of financial assistance received from the district,
for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the
contract. [40.036 s. 2]
(c) A contract may provide for cooperation or funding with
federal agencies. A land occupier or state agency may provide
the cost-sharing portion of the contract through services in
kind. [40.036 s. 2]
(d) The state board or the district board may not furnish
any financial aid for practices designed only to increase land
productivity. [40.036 s. 1]
Subd. 6. [RULES.] The state board shall adopt rules
prescribing:
(1) procedures and criteria for allocating funds for
cost-sharing contracts;
(2) standards and guidelines for cost-sharing contracts;
(3) the scope and content of district comprehensive plans,
plan amendments, and annual work plans;
(4) standards and methods necessary to plan and implement a
priority cost-sharing program, including guidelines to identify
high priority erosion, sedimentation, and water quality
problems;
(5) the share of the cost of conservation practices to be
paid from cost-sharing funds; and
(6) requirements for districts to document their efforts to
identify and contact land occupiers with high priority erosion
problems. [40.036 s. 3]
WORKS OF IMPROVEMENT
Sec. 24. [103C.601] [WORKS OF IMPROVEMENT.]
Subdivision 1. [AUTHORITY.] (a) The district board may, if
directed by resolution of the boards of commissioners from the
counties where the district is located undertake, construct,
install, maintain, and operate works of improvement for a
district purpose. The district board may:
(1) use the proceeds of tax levies, assessments, and other
available funds for the works of improvement;
(2) acquire necessary real or personal property by purchase
or gift for the works of improvement;
(3) contract, survey, plan, construct, install, maintain,
and operate the works of improvement; and
(4) exercise other authorized powers.
(b) Two or more district boards may jointly exercise the
powers granted by this section. [40.072 s. 1]
Subd. 2. [REQUEST FOR PROJECT.] A program for works of
improvement in any area within one or more districts may be
initiated upon written request for a project submitted to the
district board by one or more of the owners of land in the
affected area. The request must include:
(1) a general description of the area proposed for
inclusion in an improvement work unit, with a proposed name or
number for the project;
(2) a description of the affected land owned by the
signers; and
(3) a statement of the objectives of the proposed works in
furtherance of the authorized purposes, the grounds upon which
the project will be of public benefit and utility and promote
the public health, safety, and welfare, and special benefits to
property that will result from the project. [40.072 s. 2]
Subd. 3. [DETERMINATION BY DISTRICT BOARD.] As soon as
practicable after receipt of the request the district board
shall have necessary preliminary surveys and studies conducted.
[40.072 s. 2]
Subd. 4. [RESOLUTION OF ESTABLISHMENT.] (a) The district
board may, by resolution, recommend the establishment of an
improvement work unit and a program for works of improvement in
the work unit to the boards of county commissioners of the
counties where the affected land is located if the district
board determines the proposed works of improvement:
(1) are feasible;
(2) will be of public utility and benefit;
(3) will promote the public health, safety, and welfare;
and
(4) will further the authorized purposes and best interests
of the district.
(b) The district board shall by resolution give the
improvement work unit an appropriate name or number, which may
be different from the one proposed in the initial project
request.
(c) The resolution shall recommend definite boundaries for
the improvement work unit, which may be those proposed in the
request or modified as the district board deems advisable.
(d) In the resolution the district board may also enlarge,
reduce, or otherwise modify the proposed objectives of the
program, but not make a substantial change in its main purposes
as stated in the initial project request unless consented to in
writing by the signers of the request.
(e) At any time before further action is taken on the
project as provided in section 25 the district board may amend
the resolution, subject to the foregoing limitations. [40.072
s. 2]
Subd. 5. [PRELIMINARY GENERAL PLAN.] (a) After adoption of
the resolution recommending the improvement work unit and
program under subdivision 4, the district board after being
directed by resolution of the affected boards of county
commissioners may have further surveys and studies made as
necessary.
(b) The district board may then have a preliminary general
plan with cost estimates made to implement the program for the
improvement work unit or part of the work unit. [40.072 s. 3]
Subd. 6. [FINANCIAL AID.] (a) The district board, at the
direction of the affected county boards, may apply for federal
aid, state aid, or aid available from other sources for the
works of improvement in the program or part of the works of
improvement under federal or state law.
(b) The district board may take the steps necessary to
determine whether aid will be available and the amount of the
aid. The district board may consider how the cost of the works
not expected to be paid by federal or other aid may be met from
funds of the district or from the proceeds of assessments on
benefited property or otherwise, and the district board may make
estimates of the amounts and sources. [40.072 s. 3]
Subd. 7. [NECESSARY COOPERATION OR JOINT ACTION.] If the
cooperation or joint action of an adjacent district or other
public agency is desirable for the program, the district board,
at the direction of the affected county boards, may negotiate
with the authorities concerned for cooperation or joint action.
[40.072 s. 3]
Subd. 8. [RECOMMENDATION REPORT.] (a) After completion of
the requirements in subdivisions 1 to 7, the district board may
make and file a recommendation report, summarizing findings and
recommendations for further action on all or part of the program
and containing substantially the engineering information
required by article 4, section 55, subdivisions 1 to 3.
(b) The district board shall make the recommendation report
and the preliminary general plan for the improvement work unit
available to the affected county boards and to all other public
agencies and concerned persons, and may provide other publicity
that it deems advisable. The district board shall transmit a
copy of the recommendation report and preliminary general plan
to regional development agencies where the project is located.
If the preliminary general plan involves a project for which a
water use permit or public waters works permit is required from
the commissioner of natural resources under chapter 103G, or for
which proceedings will be instituted under chapter 103E, the
district board shall transmit the recommendation report and plan
to the commissioner of natural resources and to the state
board. [40.072 s. 3]
Subd. 9. [STATE BOARD REVIEW.] (a) The state board shall
review the recommendation report and preliminary general plan
and, if the state board concludes that the plan is inconsistent
with systematic administration of state water policy, the state
board shall report the conclusion to the district board and the
commissioner of natural resources within 60 days after receiving
the recommendation report and preliminary general plan.
(b) The district board may modify and retransmit the
recommendation report and preliminary general plan to the state
board, or request a hearing on the recommendation report and
preliminary general plan. The state board shall hear the matter
in the manner and following the procedures provided in article
1, sections 15 to 19, for the hearing of cases when the state
board consents to intervention proceedings.
(c) Unless the state board concludes that the report and
plan are inconsistent with state water policy, the district
board, with the approval of the county boards, may adopt and
sponsor the improvement work unit and a program of work for the
unit. [40.072 s. 3]
Sec. 25. [103C.605] [COUNTY DETERMINATION OF PROJECT.]
Subdivision 1. [PETITION.] (a) The county board or joint
county board, acting jointly under section 471.59, may take
action on a project within the improvement work unit to
construct or install works of improvement or part of the works
of improvement pursuant to the recommendation report after
receiving a petition.
(b) The petition must be for a project signed by:
(1) at least 25 percent of the owners of the land over
which the proposed improvement work passes;
(2) at least 25 percent of the owners of land where the
proposed improvement is located;
(3) the owners of at least 30 percent of the land area over
which the proposed improvement work passes; or
(4) the owners of at least 30 percent of the land area
where the proposed project is located.
(c) The petition must describe the land and request the
county board or joint county board to hold a hearing on the
practicability and desirability of implementing the project in
accordance with the preliminary general plan and the
recommendation report of the district board.
(d) If the recommendation report specifies that part of the
cost of the project is to be paid from the proceeds of
assessments on benefited property, one or more of the
petitioners, upon filing the petition and before action is taken
on the petition, must file a bond to the county or counties
conditioned as provided by article 5, section 27, for a county
drainage system, to be approved by the chair of the board.
[40.072 s. 4]
Subd. 2. [HEARING.] The county board or joint county board
shall set a time and place for the hearing on the petition, and
give notice of the hearing as provided in article 5, section 40,
subdivision 1. [40.072 s. 4]
Subd. 3. [RESOLUTION FOR FURTHER ACTION.] (a) After the
hearing the county board or joint county board may adopt a
resolution directing further action on the project if it makes
and states findings that implementation of the project as
requested in the petition will be:
(1) feasible;
(2) in accordance with the recommendation report;
(3) in furtherance of the objectives and purposes of the
recommendation report; and
(4) within the estimated cost for which funds may
reasonably be expected to be available.
(b) By the resolution the county board or joint county
board shall determine the amount to be paid from the various
sources of available or potentially available funds, including
federal aid, district funds, assessments on benefited property,
and other funds. The amount payable from district funds may not
exceed the value of the general public benefit of the project to
the district as determined by the district board. [40.072 s. 4]
Sec. 26. [103C.611] [PROJECT WITHOUT ASSESSMENTS.]
Subdivision 1. [ORDER ESTABLISHING PROJECT.] (a) If a
portion of the project cost is not to be paid from assessments
on benefited property, the county board or joint county board
may proceed with complete surveys and detailed plans and
specifications and make an order establishing the project. The
order shall contain findings substantially conforming to those
required by article 5, section 57, subdivision 2.
(b) Notice summarizing the findings and order shall be
served upon the persons entitled to notice of a county drainage
project in article 5, section 54, unless the notice is waived in
writing by each person entitled to the notice. Waiver of notice
must be filed with the county auditor. [40.072 s. 5]
Subd. 2. [ACQUISITION OF PROPERTY AND MATERIALS.] Unless
an appeal is taken within 30 days after the notice is given, the
county board or joint county board may proceed to acquire
necessary rights or property, procure materials, let contracts,
and take other steps appropriate to complete the project.
[40.072 s. 5]
Subd. 3. [DELEGATION OF DUTIES TO DISTRICT.] The county
board or joint county board may delegate its duties and powers
under this section to the district board or joint district board
but the district board or joint district board may not exercise
the power of eminent domain. [40.072 s. 5]
Sec. 27. [103C.615] [ACTION ON PROJECT WITH ASSESSMENTS.]
Subdivision 1. [VIEWERS.] If part of the cost of the
project is to be paid from the proceeds of assessments on
benefited property, viewers must be appointed as provided in
article 5, section 49, and report as required by article 5,
sections 50, 51, and 52. [40.072 s. 6]
Subd. 2. [ENGINEERING SERVICES.] The board or joint board
of county commissioners shall direct the petitioners or, with
its consent, the district board or joint district board, to
provide engineering services as necessary to produce final plans
adequate for construction of the proposed improvement. [40.072
s. 6]
Subd. 3. [HEARING.] The county board or joint county board
shall then give notice of and conduct a final hearing
substantially in accordance with article 5, sections 54 to 57,
as for a drainage proceeding, so far as the procedure is
consistent with sections 24 to 31. [40.072 s. 6]
Subd. 4. [ASSESSMENTS GREATER THAN BENEFITS.] If the
county board or joint county board determines that the total
benefits to property are not as much as the amount payable from
the proceeds of assessments as specified in the recommendation
report of the district board, the petition shall be dismissed
and further action on the project discontinued unless the county
board or joint county board determines that the deficiency may
be met by increasing the amount payable from other funds.
[40.072 s. 6]
Subd. 5. [ESTABLISHMENT OF PROJECT.] (a) If it determines
that the total benefits to property are as much as or more than
the amount payable from the proceeds of assessments as specified
in the report and that the other requirements of law have been
complied with, the county board or joint county board shall by
an order containing the findings establish the project as
reported or amended and adopt and confirm the viewers' report as
made or amended.
(b) If the total amount of benefits to be assessed upon
property pursuant to the viewers' report as confirmed is greater
than the amount specified as payable from assessments in the
report of the district board, the county board or joint county
board may reduce the amounts payable from other sources in
proportions it may determine.
(c) Further action shall be taken as provided in chapter
103E, so far as is appropriate, except that each tract of land
affected shall be assessed for the full amount of benefits, less
damages, if any, as shown by the viewers' report as confirmed,
unless the total amount of benefits, less damages, exceeds the
total actual cost of the project to be paid from the
assessments, in which case the cost shall be prorated as
provided in article 5, section 77. [40.072 s. 6]
Subd. 6. [COUNTY FUNDING SHARE OF PROJECT.] (a) Upon
filing of the viewers' report as provided in this section, the
county board of each county affected shall provide funds to meet
its proportionate share of the total cost of the improvement, as
shown by the report and order of the county board or joint
county board. The county may issue bonds for the purpose in the
amount necessary in the manner provided in article 5, section 84.
(b) The provision of article 5, section 84, requiring the
county board to let a contract for construction before issuing
bonds does not apply to bonds issued to provide funds required
to be furnished by this section. [40.072 s. 6]
Subd. 7. [DELEGATION OF DUTIES TO DISTRICT.] (a) The
county board or joint county board, pursuant to agreement with
the district board, may by resolution direct the district to
undertake, construct, install, maintain, and operate the
improvement upon mutually agreed terms. If it is necessary to
acquire property by eminent domain, the county, or the counties
acting jointly, shall do so and convey the property to the
district pursuant to the agreement. [40.072 s. 6]
(b) If, pursuant to an agreement, the responsibility for an
improvement is vested in a district, the county treasurers shall
transmit the proceeds of assessments or bond issues, when
collected, to the treasurer of the district. The district
treasurer shall credit the proceeds to the proper funds under
the direction of the district board. [40.072 s. 6]
Sec. 28. [103C.621] [PROJECT BONDS.]
The county board may pledge the proceeds of assessments on
property made for the purposes of a project, any revenues
derived from the project, and the proceeds of tax levies or
funds from other sources to pay bonds issued for the project.
[40.072 s. 7]
Sec. 29. [103C.625] [STATUS OF DISCONTINUED PROJECT.]
If a project is discontinued after action on it has begun
under section 25, the project shall have the same status as if
the action had not begun. The recommendation report of the
district board on the project shall continue to be subject to
amendment, a new petition for further action may be made at any
time as provided in section 25, and further proceedings
conducted. [40.072 s. 8]
Sec. 30. [103C.631] [REPAIR.]
Subdivision 1. [DEFINITION OF REPAIR.] The term "repair"
used in this section means to restore a work of improvement or
part of it as nearly as practicable to the same condition as
when originally constructed or subsequently improved. [40.072
s. 9]
Subd. 2. [MAINTENANCE OF PROJECTS REQUIRED.] After the
construction of a project is completed and accepted by the board
of the county or district board having authority over the
project, the county board or district board shall maintain the
project or the part of the project that is in its jurisdiction
and provide the repairs required to keep the project efficient.
[40.072 s. 9]
Subd. 3. [REPAIR AUTHORITY.] The county board or district
board shall have the powers and duties of the drainage authority
under article 5, sections 90 to 100, except as provided in
subdivision 4. [40.072 s. 9]
Subd. 4. [FINANCING REPAIRS.] If the board is a district
board, the financing of repairs which require assessments and
bond issues shall be the responsibility of the county board or
joint county board. The county board or joint county board
shall finance repairs in the same way as original construction
of the project and as provided in article 5, sections 90 to 100,
so far as appropriate. [40.072 s. 9]
Sec. 31. [103C.635] [APPEALS.]
(a) A person aggrieved by an order of a county board or
joint county board in a proceeding under sections 24 to 30 may
appeal to the district court upon the grounds and in the manner
provided by article 5, sections 19 and 20, for a county drainage
proceeding.
(b) Notices required by article 5, sections 19 and 20, to
be filed with the county auditor shall also be filed with the
district board or joint district board.
(c) An appeal may not be taken from an order made under
section 26 or 27 by the board, joint board of county
commissioners, district board, or joint district board if the
order dismisses a petition or refuses to establish a project.
[40.073]
ARTICLE 4
CHAPTER 103D
WATERSHED DISTRICTS
Section 1. [103D.001] [CITATION.]
This chapter may be cited as "the watershed law." [112.34
s. 2]
Sec. 2. [103D.011] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [112.35 s. 1]
Subd. 2. [AFFECTED.] "Affected" means the jurisdiction or
property of an entity that receives benefits, is assessed costs,
or is part of a watershed district.
Subd. 3. [APPRAISERS.] "Appraisers" means the persons
appointed by the managers to determine and report benefits and
damages arising from a proposed project. [112.35 s. 12]
Subd. 4. [AUDITOR.] "Auditor" means the county auditor of
a county affected by a watershed district. [112.35 s. 9]
Subd. 5. [BOARD.] "Board" means the board of water and
soil resources. [112.35 s. 4]
Subd. 6. [CITY.] "City" means a statutory or home rule
charter city.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [112.35 s. 14]
Subd. 8. [COURT ADMINISTRATOR.] "Court administrator"
means the court administrator of the district court of the
county where a judicial proceeding concerning a watershed
district is pending. [112.35 s. 10]
Subd. 9. [DIRECTOR.] "Director" means the director of the
division of waters of the department of natural resources.
[112.35 s. 13]
Subd. 10. [ENGINEER.] "Engineer" means the engineer
designated by the managers to act as engineer. [112.35 s. 11]
Subd. 11. [ESTABLISHMENT PETITION.] "Establishment
petition" means a petition to establish a watershed district,
and may consist of one or more separate petitions. [112.35 s.
16]
Subd. 12. [HEARING.] "Hearing" means a hearing conducted
by the managers or the board of water and soil resources.
[112.35 s. 17]
Subd. 13. [INTERESTED PARTY.] "Interested party" means a
person or political subdivision with an interest in the pending
subject matter. Interested party includes the director or any
agency of government. [112.35 s. 18]
Subd. 14. [NOTICE BY MAIL.] "Notice by mail" means a
notice mailed and addressed to each person entitled to receive
the notice if the address is known to the auditor or court
administrator, or can be obtained at the office of the county
treasurer of the affected county. [112.35 s. 20]
Subd. 15. [MANAGERS.] "Managers" means the board of
managers of a watershed district. [112.35 s. 5]
Subd. 16. [METROPOLITAN AREA.] "Metropolitan area" has the
meaning given in section 473.121, subdivision 2. [112.35 s. 22]
Subd. 17. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city.
Subd. 18. [PERSON.] "Person" means an individual, firm,
partnership, association, or corporation, but does not include a
political subdivision. [112.35 s. 2]
Subd. 19. [PETITION.] "Petition" means a petition to begin
a project and may consist of one or more separate petitions.
[112.35 s. 15]
Subd. 20. [POLITICAL SUBDIVISION.] "Political subdivision"
means a county, town, school district, or a political division
or subdivision of the state. Political subdivision does not
mean a watershed district unless the context clearly indicates
watershed districts are to be included. [112.35 s. 3]
Subd. 21. [PROJECT.] "Project" means planning and
development, construction, maintenance, repair, or improvement
of a watershed district for a purpose for which the watershed
district is established. [112.35 s. 19]
Subd. 22. [PUBLICATION.] "Publication" means publication
once a week for two successive weeks as provided in section
645.11. [112.35 s. 6]
Subd. 23. [PUBLIC HEALTH.] "Public health" means an act or
thing that tends to improve the general sanitary conditions of
the watershed district. [112.35 s. 7]
Subd. 24. [PUBLIC WELFARE, GENERAL WELFARE, PUBLIC
BENEFIT.] "Public welfare," "general welfare," and "public
benefit" mean an act or thing that tends to improve, benefit, or
contribute to the safety or well-being of the general public, or
benefit the inhabitants of the watershed district. [112.35 s.
8]
Subd. 25. [RESIDENT OWNER.] "Resident owner" means a
resident of the state who is the owner of property or the
purchaser of property under a contract for deed. [112.35 s. 21]
BOARD OF WATER AND SOIL RESOURCES
Sec. 3. [103D.101] [BOARD OF WATER AND SOIL RESOURCES.]
Subdivision 1. [DISTRICT ESTABLISHMENT AUTHORITY.] The
board has the authority after the filing of an establishment
petition to:
(1) establish a watershed district;
(2) define the boundaries of the watershed district; and
(3) appoint the first board of managers of a watershed
district. [112.36 s. 1]
Subd. 2. [INVESTIGATIONS.] To implement this chapter and
to hold hearings, the chair and members of the board may
subpoena witnesses, administer oaths, and compel the production
of books, records, and other evidence. [112.39 s. 2]
Subd. 3. [EXAMINATION OF WITNESSES.] (a) The right to
examine and cross-examine witnesses in board hearings is in the
same manner as in civil actions.
(b) All persons must be sworn in before testifying.
(c) Witnesses must receive the same fees and mileage as in
civil actions. [112.39 s. 2]
Subd. 4. [RECORDS.] The board must keep a record of all
proceedings before it and file the record with the secretary of
the board. Copies of the record may be obtained on terms and
conditions prescribed by the board. [112.39 s. 2]
Subd. 5. [RULES OF PRACTICE.] The board may adopt rules of
practice for its proceedings and hearings that are consistent
with this chapter and other provisions of law. [112.40]
Sec. 4. [103D.105] [BOARD HEARINGS.]
Subdivision 1. [PROCEDURE.] (a) A rulemaking hearing must
be conducted under chapter 14.
(b) A hearing must be conducted as a contested case under
chapter 14 if the hearing is:
(1) in a proceeding to establish or terminate a watershed
district; or
(2) of an appeal under section 40.
(c) Notwithstanding chapter 14, other hearings under this
chapter, except hearings under paragraphs (a) and (b), shall be
conducted by the board under this section. The board may refer
the hearing to one or more members of the board or an
administrative law judge to hear evidence and make findings of
fact and report them to the board. [112.401 s. 1]
Subd. 2. [PROCEDURE FOR NONCONTROVERSIAL PLANS OR
PETITIONS.] (a) If the board finds that a watershed management
plan or petition that would be given a hearing under subdivision
1, paragraph (c), is noncontroversial, the board may proceed
under this subdivision.
(b) The board must give notice that the watershed
management plan or petition has been filed. The notice must be
made:
(1) by publication in a legal newspaper in each county
affected by the watershed district;
(2) by mail to the auditor of each county affected by the
watershed management plan or petition; and
(3) by mail to the chief executive officer of each city
affected.
(c) The notice must:
(1) describe the actions proposed by the plan or petition;
(2) invite written comments on the plan or petition for
consideration by the board;
(3) state that a person who objects to the actions proposed
in the plan or petition may submit a written request for hearing
to the board within 30 days of the last publication of the
notice of filing of the plan or petition; and
(4) state that if a timely request for hearing is not
received, the board may make a decision on the plan or petition
at a future meeting of the board.
(d) If one or more timely requests for hearing are
received, the board must hold a hearing on the plan or petition.
[112.401 s. 2]
Sec. 5. [103D.111] [APPEAL OF BOARD ORDERS.]
A party that is aggrieved by the decision made by the order
of the board may appeal the order to the district court.
[112.401 s. 3]
ESTABLISHMENT OF DISTRICTS
Sec. 6. [103D.201] [WATERSHED DISTRICT PURPOSES.]
Subdivision 1. [GENERAL PURPOSES.] To conserve the natural
resources of the state by land use planning, flood control, and
other conservation projects by using sound scientific principles
for the protection of the public health and welfare and the
provident use of the natural resources, the establishment of
watershed districts is authorized under this chapter. [112.34
s. 1]
Subd. 2. [SPECIFIC PURPOSES.] A watershed district may be
established for any of the following purposes:
(1) to control or alleviate damage from flood waters;
(2) to improve stream channels for drainage, navigation,
and any other public purpose;
(3) to reclaim or fill wet and overflowed land;
(4) to provide a water supply for irrigation;
(5) to regulate the flow of streams and conserve the
streams' water;
(6) to divert or change all or part of watercourses;
(7) to provide or conserve water supply for domestic,
industrial, recreational, agricultural, or other public use;
(8) to provide for sanitation and public health, and
regulate the use of streams, ditches, or watercourses to dispose
of waste;
(9) to repair, improve, relocate, modify, consolidate, and
abandon all or part of drainage systems within a watershed
district;
(10) to control or alleviate soil erosion and siltation of
watercourses or water basins;
(11) to regulate improvements by riparian property owners
of the beds, banks, and shores of lakes, streams, and wetlands
for preservation and beneficial public use;
(12) to provide for hydroelectric power generation;
(13) to protect or enhance the water quality in
watercourses or water basins; and
(14) to provide for the protection of groundwater and
regulate its use to preserve it for beneficial purposes.
[112.36 s. 2]
Sec. 7. [103D.205] [ESTABLISHMENT PETITION.]
Subdivision 1. [FILING.] To establish a watershed
district, an establishment petition must be filed with the
secretary of the board. [112.37 s. 1]
Subd. 2. [REQUIREMENTS.] (a) The establishment petition
must state:
(1) the name of the proposed watershed district;
(2) in general terms, a description of the property to be
included in the watershed district;
(3) the necessity for the watershed district and the
contemplated improvements within the watershed district;
(4) the reasons why the watershed district and the
contemplated improvements would be conducive to public health
and public welfare, or would accomplish any of the purposes in
section 6;
(5) by illustration in a map, the proposed watershed
district;
(6) the number of managers proposed for the watershed
district; and
(7) a list of the nominees for manager positions containing
at least twice the proposed number of managers.
(b) The number of managers proposed for a watershed
district may not be less than three nor more than nine. A
manager must not be a public officer of the county, state, or
federal government, except that a soil and water conservation
supervisor may be a manager. [112.37 s. 1a]
Subd. 3. [SIGNATURES.] The establishment petition must be
signed by one or more of the following groups:
(1) one-half or more of the counties within the proposed
watershed district;
(2) counties having 50 percent or more of the area within
the proposed watershed district;
(3) a majority of the cities within the proposed watershed
district; or
(4) 50 or more resident owners residing in the proposed
watershed district, excluding resident owners within the
corporate limits of a city if the city has signed the petition.
[112.37 s. 1]
Subd. 4. [FILING ESTABLISHMENT PETITIONS.] The petitioners
must file a copy of the establishment petition with the auditors
of the counties affected by the proposed watershed district, the
commissioner, and the director. The original establishment
petition, with a signed statement of delivery or receipt for
each of the establishment petitions submitted to the auditors of
affected counties, the commissioners, and the directors, must be
filed with the secretary of the board. [112.37 s. 1b]
Subd. 5. [SIMILAR AND DUPLICATE ESTABLISHMENT
PETITIONS.] Similar and duplicate establishment petitions for
the same proposed watershed district may be filed and regarded
as one establishment petition. All establishment petitions
filed before the establishment hearing must be considered by the
board as part of the original petition. [112.37 s. 5]
Subd. 6. [DEFECTIVE ESTABLISHMENT PETITION.] An
establishment petition that has the requisite number of
petitioner signatures may not be dismissed because of defects in
the establishment petition. The board must allow petitioners to
amend a defective establishment petition at any time before the
end of the establishment hearing. [112.37 s. 5]
Subd. 7. [WITHDRAWAL OF PETITIONERS.] After an
establishment petition has been filed, a petitioner may not
withdraw from the establishment petition unless the withdrawing
petitioner obtains the written consent of all other petitioners
and files the written consent with the board. [112.37 s. 5]
Sec. 8. [103D.211] [AUDITOR'S CERTIFICATION OF
PETITIONERS.]
An auditor that receives a copy of an establishment
petition must determine if the petitioners are resident owners
from the tax records. The tax records are prima facie evidence
of ownership. The auditor must certify the number of
petitioners that are resident owners and file the certification
with the board. [112.37 s. 2]
Sec. 9. [103D.215] [DIRECTOR'S REPORT.]
(a) After receiving a copy of the establishment petition,
the director must notify the board that an establishment
petition has been received and prepare a preliminary watershed
map of and a preliminary report about the watershed district.
(b) The preliminary watershed map must show the natural
watershed boundaries within the proposed watershed district.
(c) The preliminary report must be based on the
establishment petition and other available data and must
recommend whether the watershed district should be established.
(d) The director must submit the preliminary report and the
preliminary watershed map to the board within 30 days after the
date the establishment petition was received by the director,
unless the time is extended by the board. [112.37 s. 3]
Sec. 10. [103D.221] [ESTABLISHMENT HEARING NOTICE.]
Subdivision 1. [ORDER FOR HEARING.] (a) After receiving an
establishment petition, the board must determine whether the
establishment petition has the requisite number of petitioner
signatures.
(b) If the establishment petition does not have the
requisite number of petitioners, the board must dismiss the
establishment petition and return it to the petitioners with an
explanation of why the petition was dismissed.
(c) If the board determines that an establishment petition
has the requisite number of petitioner signatures, the board
must, by order, set a time and location for a hearing on the
establishment petition within 35 days after its determination.
The hearing must be held within the limits of the proposed
watershed district for an establishment hearing unless the board
determines a suitable place is not located within the proposed
watershed district and selects a place within the limits of a
county affected by the proposed watershed district. [112.38]
Subd. 2. [NOTICE.] (a) The board must give notice of the
establishment hearing by publication in a legal newspaper that
is published in counties affected by the proposed watershed
district. The last publication must occur at least ten days
before the establishment hearing.
(b) The board must give notice of the establishment hearing
by mail to the auditors of counties and to the chief executive
officials of municipalities affected by the proposed watershed
district.
(c) The notice must include:
(1) a statement that an establishment petition has been
filed with the board and auditors of counties affected by the
proposed watershed district;
(2) a general description of the purpose of the proposed
watershed district's contemplated improvements;
(3) a general description of the property to be included in
the proposed watershed district;
(4) the date, time, and location of hearing; and
(5) a statement that all persons affected or interested in
the establishment of the proposed watershed district may attend
and give statements at the establishment hearing. [112.38]
Sec. 11. [103D.225] [ESTABLISHMENT HEARING.]
Subdivision 1. [TESTIMONY AND CONTINUANCE.] (a) The board
must allow all persons interested in or affected by the proposed
watershed district to be given an opportunity to make oral and
written statements at the establishment hearing.
(b) The board may continue the establishment hearing.
[112.39 s. 1]
Subd. 2. [ESTABLISHMENT DETERMINATION.] If the board
determines after the establishment hearing that the
establishment of the proposed watershed district would benefit
the public welfare and public interest, and would advance the
purpose of this chapter, the board must, by order, establish the
watershed district. [112.39 s. 3]
Subd. 3. [ESTABLISHMENT ORDER REQUIREMENTS.] The order of
the board establishing a watershed district must include:
(1) the findings of the board supporting its determination
to establish the watershed district;
(2) the official name of the watershed district;
(3) the location of the principal place of business of the
watershed district;
(4) the boundaries of the watershed district; and
(5) the names of the managers for the first board of
managers selected under subdivision 4. [112.39 s. 3, 4]
Subd. 4. [SELECTION OF FIRST BOARD OF MANAGERS.] (a) The
board shall select the first board of managers of a proposed
watershed district from the list of nominees in the
establishment petition except as provided in paragraph (b). The
number of managers may not be less than three nor more than
nine, except that a proposed watershed district entirely within
the metropolitan area may not have fewer than five managers. A
manager may not be a public officer of the county, state, or
federal government, except that a soil and water conservation
supervisor may be a manager. The term of the first board of
managers is for one year and until their successors can be
appointed and qualified. [112.37 s. 1a, 7; 112.39 s. 4]
(b) For a proposed watershed district entirely within the
metropolitan area, the board must select managers from a list of
persons nominated by one or more of the cities and towns
affected by the proposed watershed district. The list must
contain at least three nominees for each manager position. The
board must select managers to fairly represent the various
hydrologic areas within the proposed watershed district
according to their residence within an area. If the cities or
towns fail to nominate managers under this paragraph, the board
shall select managers under paragraph (a). [112.37 s. 7]
(c) In the order establishing a watershed district, the
board must prescribe the terms of office for the first board of
managers appointed by the county boards as provided in
paragraphs (d) to (f).
(d) If the first board of managers has three members, the
term of office for the managers is one for a term of one year,
one for a term of two years, and one for a term of three years.
(e) If the first board of managers has five members, the
term of office for the managers is one for a term of one year,
two for a term of two years, and two for a term of three years.
(f) If the first board of managers does not have three or
five members, the managers must be appointed so that as nearly
as possible one-third serve terms of one year, one-third serve
terms of two years, and one-third serve terms of three years.
[112.42 s. 3]
Subd. 5. [FILING ESTABLISHMENT ORDER.] The board must file
a certified copy of the findings and order establishing a
watershed district with the secretary of state and, at the same
time:
(1) mail a copy of the findings and order to the auditor of
each county affected by the watershed district, the
commissioner, and the director; and
(2) have each manager personally served with a copy of the
order. [112.42 s. 1, 5]
Subd. 6. [EFFECT OF ESTABLISHMENT.] After the
establishment order is filed with the secretary of state, the
watershed district is a political subdivision of the state with
the power, authority, and duties prescribed in this chapter.
[112.34 s. 1; 112.39 s. 3]
Subd. 7. [EXISTENCE OF WATERSHED DISTRICT.] A watershed
district established under this chapter exists from the time the
order establishing the watershed district is filed with the
secretary of state until the watershed district is terminated.
[112.39 s. 3; 112.41]
Sec. 12. [103D.231] [DISMISSAL OF ESTABLISHMENT
PROCEEDINGS.]
If the board determines that establishment of a proposed
watershed district in an establishment petition would not
benefit the public welfare and public interest, or would not
serve the purpose of this chapter, the board must, by order,
dismiss the establishment proceedings. A copy of the order
dismissing the establishment proceeding must be mailed
immediately to the auditors of counties affected by the proposed
watershed district, the commissioner, and the director. [112.39
s. 6]
CONSOLIDATION AND BOUNDARY CHANGES
Sec. 13. [103D.251] [WATERSHED DISTRICT BOUNDARY CHANGES.]
Subdivision 1. [BOUNDARY REQUIREMENT.] The boundaries of a
watershed district as established or changed must define
contiguous areas. The boundaries may include all or part of one
or more watersheds or counties. [112.36 s. 1]
Subd. 2. [PROCEDURE.] The boundaries of a watershed
district may be changed as provided in this section, and for a
watershed district entirely within the metropolitan area the
boundary may also be changed as provided in article 2, sections
8 and 10. [473.8771 s. 1, 3]
Subd. 3. [INITIATION.] A proceeding to change the boundary
of a watershed district must be initiated by a petition to the
board requesting the boundary change. [112.37 s. 1]
Subd. 4. [PETITION.] A petition for a watershed district
boundary change must state:
(1) the names of watershed districts affected by the
proposed boundary changes;
(2) a description, in general terms, of the property
affected by the proposed boundary change;
(3) reasons why the proposed boundary change would benefit
the affected watershed districts;
(4) by illustration in a map, the proposed boundary change,
including watershed districts affected by the proposed boundary
change; and
(5) a request for the board to establish the proposed
boundary change. [112.37 s. 1; 112.39 s. 4]
Subd. 5. [PETITION SIGNATURES.] (a) A petition for a
watershed boundary change must be signed by:
(1) at least one-half of the counties within the proposed
watershed district if the boundary change were adopted;
(2) counties having at least 50 percent of the area within
the proposed watershed district if the boundary change were
adopted;
(3) a majority of the cities within the proposed watershed
district if the boundary change were adopted;
(4) at least 50 resident owners in the proposed watershed
district if the boundary change were adopted, excluding resident
owners within the corporate limits of a city, if the city has
signed the petition; or
(5) the managers of a watershed district affected by the
proposed boundary change.
(b) The managers must pass a resolution authorizing the
boundary change before the managers sign a petition for a
boundary change. [112.37 s. 1; 112.39 s. 4]
Subd. 6. [HEARING.] The board must set a time and location
for a hearing and give notice of the hearing in the same manner
as an establishment hearing. If a petition for a boundary
change involves a common boundary of two or more watershed
districts, the board must determine the watershed district where
the hearing will be held. [112.39 s. 4]
Subd. 7. [ESTABLISHMENT OF BOUNDARY CHANGE.] (a) After the
hearing on the petition for a boundary change, the board must
establish the proposed boundary change, by order, if the board
determines that establishment of the proposed boundary change
would benefit the public welfare and public interest and the
proposed boundary change would advance the purpose of this
chapter.
(b) In the order establishing the boundary change, the
board must include:
(1) the findings of the board supporting its determination
to establish the boundary change; and
(2) the boundaries of watershed districts affected by the
boundary change.
(c) The board must file a certified copy of the findings
and order establishing the boundary change with the secretary of
state and, at the same time, mail a copy of the order to the
auditors of counties affected by the change, the commissioner,
the director, and the managers of watershed districts affected
by the change.
(d) The boundary change is effective the day the certified
order establishing the boundary change is filed with the
secretary of state. [112.39 s. 3, 4, 5]
Subd. 8. [DISMISSAL OF PROCEEDINGS.] If the board
determines that a watershed district boundary change would not
benefit the public welfare and public interest or would not
serve the purposes of this chapter, the board must, by order,
dismiss proceedings to change a watershed district boundary. A
copy of the order dismissing the boundary change proceedings
must be mailed to auditors of counties affected by the proposed
boundary change, the commissioner, the director, and the boards
of managers of watershed districts affected by the proposed
boundary change. [112.39 s. 4, 6]
Sec. 14. [103D.255] [WITHDRAWAL OF TERRITORY.]
Subdivision 1. [PETITION.] (a) Proceedings to withdraw
territory from an existing watershed district must be initiated
by a petition filed with the secretary of the board.
(b) The required signatures on a petition for withdrawal
are the same as prescribed for an establishment petition, but
the percentages must be calculated only with reference to the
territory that is proposed to be withdrawn from the watershed
district.
(c) The petition must state that:
(1) the territory described has not received or will not
receive any benefits from the operation of the watershed
districts;
(2) the watershed district can perform the functions for
which it was established without the inclusion of the territory;
and
(3) the territory is not, in fact, a part of the watershed.
(d) The petition must request the release of the described
territory from the watershed district.
(e) The petition must be served on the board and any
affected watershed district, and the board shall proceed as
prescribed for an establishment petition. The requirements for
notices and public hearings are as prescribed for the
establishment petition. [112.85 s. 1]
Subd. 2. [BOARD'S ORDER OF WITHDRAWAL.] (a) After the
hearing the board may issue an order releasing the territory, or
a part of the territory, as described in the petition, if the
board determines that:
(1) the territory described in the petition has not
received and will not receive any benefit from the operation of
the watershed district;
(2) the watershed district can perform the functions for
which it was established without the inclusion of the territory;
and
(3) the territory is not, in fact, a part of the watershed.
(b) Property may not be released that has been determined
subject to benefits or damages for a project previously
constructed.
(c) Property released remains liable for the proportionate
share of any indebtedness existing at the time of the order.
Levies on the property released continue in force until fully
paid.
(d) If the board determines that the order prescribing the
distribution of managers should be amended following the
withdrawal of any territory, the board may direct redistribution
of managers in the order authorizing the withdrawal. [112.85 s.
2]
Sec. 15. [103D.261] [PROCEEDINGS TO ENLARGE A WATERSHED
DISTRICT.]
Subdivision 1. [PETITION.] (a) Proceedings to enlarge an
existing watershed district must be initiated by a petition
filed with the secretary of the board. The required signatures
on a petition to enlarge are the same as for an establishment
petition, but the percentages must be calculated only with
reference to the territory that is proposed to be added to the
watershed district. The petition must:
(1) state that the area to be added is contiguous to the
existing watershed district;
(2) state that the area can be feasibly administered by the
managers of the existing watershed district;
(3) state reasons why adding the area to the existing
watershed district would be conducive to the public health and
welfare;
(4) include a map of the affected area;
(5) state the name of the proposed enlarged watershed
district, if other than that of the existing watershed district;
and
(6) state a request for the addition of the proposed
territory.
(b) The petition must be served on the board and affected
watershed districts, and the board must proceed as prescribed
for an establishment petition.
(c) The requirement of notice and public hearings is as
prescribed for the establishment petition. [112.761 s. 1]
Subd. 2. [BOARD ORDER.] (a) After the hearing, if the
board determines that the enlargement of the watershed district
as asked for in the petition would be for the public welfare and
public interest and the purpose of this chapter would be served,
the board shall, by making findings and an order, enlarge the
watershed district and file a certified copy of the findings and
order with the secretary of state.
(b) The name of the watershed district may be changed by
order of the board if requested in the petition to enlarge the
watershed district. [112.761 s. 2]
Subd. 3. [DISTRIBUTION OF MANAGERS IN ENLARGED WATERSHED
DISTRICT.] If the enlarged watershed district affects more than
one county, the distribution of the managers among the counties
affected shall be as directed by the board in the order
enlarging the watershed district. [112.761 s. 3]
Sec. 16. [103D.265] [CONSOLIDATION OF DISTRICTS.]
Subdivision 1. [PETITION.] (a) Proceedings for the
consolidation of two or more watershed districts must be
initiated by a petition filed with the board.
(b) The petition must be signed by each watershed district
affected and state:
(1) the names of the watershed districts to be
consolidated;
(2) that the watershed districts are adjoining;
(3) that the consolidated watershed districts can be
feasibly administered as one watershed district;
(4) the proposed name of the consolidated watershed
district;
(5) the reasons why it would be conducive to the public
health, convenience and welfare to consolidate the watershed
districts; and
(6) a request for the consolidation.
(c) The petition must be served and the board shall proceed
as prescribed for an establishment petition. The requirement of
notice and public hearings are as prescribed for the
establishment petition. [112.86 s. 1]
Subd. 2. [BOARD'S ORDER AND FINDINGS.] (a) After the
hearing, if the board determines that consolidation of the
watershed districts as asked in the petition would serve the
public welfare, public interest, and the purpose of this
chapter, the board shall, by its findings and order, consolidate
the watershed districts.
(b) The board shall file a certified copy of the findings
and order with the secretary of state.
(c) The name of the watershed district may be changed by
order of the board. [112.86 s. 2]
Subd. 3. [NEW MANAGERS.] (a) The term of office of the
managers of the consolidated watershed districts ends on the
date of the order of consolidation. Distribution of the
managers of the consolidated watershed district shall be as
directed by the board in the order of consolidation.
(b) Five managers of the consolidated watershed district
must be appointed from the managers of the consolidated
watershed districts. Their first term shall be for one year.
After the first year, the managers must be appointed as provided
in this chapter. [112.86 s. 3]
Subd. 4. [WATERSHED DISTRICT ASSETS AND LIABILITIES.] (a)
The real and personal property assets of the watershed districts
involved and all legally valid and enforceable claims and
contract obligations of the watershed districts pass to the new
watershed district.
(b) Levies on the property of the watershed districts
consolidated continue in force until fully paid.
(c) Property in the watershed districts remains liable for
its proportionate share of indebtedness existing at the time of
the order. [112.86 s. 4]
Subd. 5. [NEW PLAN.] The watershed management plans of the
watershed districts that were consolidated become the watershed
management plan of the consolidated watershed district. [112.86
s. 5]
TERMINATION
Sec. 17. [103D.271] [PROCEDURE FOR TERMINATION OF
WATERSHED DISTRICT.]
Subdivision 1. [PROCEDURE.] A watershed district may be
terminated under this section and a watershed district entirely
within the metropolitan area may also be terminated under
article 2, sections 9 and 10. [473.8771 s. 2, 3]
Subd. 2. [INITIATION.] Proceedings for the termination of
a watershed district may only be initiated by filing a
termination petition with the secretary of the board. [112.411
s. 1]
Subd. 3. [FREQUENCY OF TERMINATION PETITION.] The board
may not accept a termination petition within five years from the
date of a watershed district's establishment. The board may not
make determinations or accept termination petitions for
watershed districts more than once in five years. [112.411 s.
5]
Subd. 4. [TERMINATION PETITION.] (a) The termination
petition must be signed by at least 25 percent of the resident
owners residing in the watershed district. The termination
petition must state that the existence of the watershed district
does not benefit the public welfare and public interest and the
watershed district is not needed to accomplish the purposes of
this chapter.
(b) The petitioners must file a copy of the termination
petition with the auditors of the counties affected by the
watershed district. The original termination petition with a
statement signed for delivery or receipt of each of the
termination petitions submitted to the auditors of counties
affected by the watershed district must be filed with the
secretary of the board. [112.411 s. 1]
Subd. 5. [AUDITOR'S DETERMINATION OF RESIDENT OWNERS.] An
auditor who receives a termination petition must determine from
the tax records whether the petitioners are resident owners
within the watershed district. The auditor must certify the
number of petitioners that are resident owners and file the
certification with the board. [112.411 s. 2]
Subd. 6. [PETITIONERS' BOND.] Before the board gives
notice of a termination hearing, the petitioners must file a
bond with the board. The bond must be in an amount determined
by the board and is subject to the board's approval. The bond
must state that the petitioners will pay all costs and expenses
of the termination proceedings if the termination petition
proceedings are dismissed or denied. [112.411 s. 3]
Subd. 7. [TERMINATION HEARING ORDER.] When the board
determines a termination petition has been filed that meets the
requirements of subdivisions 4 and 5 and the petitioners' bond
has been filed, the board must, by order, set a time by 35 days
after its determination and a location within the watershed
district for a termination hearing. [112.411 s. 4]
Subd. 8. [HEARING NOTICE.] (a) The board must give notice
of the termination hearing by publication in a legal newspaper
that is published in counties affected by the watershed
district. The last publication must occur at least ten days
before the termination hearing.
(b) The board must give notice of the termination hearing
by mail to the auditors of counties and to the chief executive
officials of municipalities affected by the watershed district.
(c) The notice must include:
(1) a statement that a termination petition has been filed
with the board and auditors of the counties affected by the
watershed district;
(2) a general description of why the watershed district is
to be terminated;
(3) a general description of the property within the
watershed district;
(4) the date, time, and location of the hearing; and
(5) a statement that all persons affected by or interested
in the watershed district may attend and give statements at the
termination hearing. [112.38; 112.411 s. 4]
Subd. 9. [TERMINATION HEARING.] The board must allow all
persons affected by or interested in the watershed district to
make oral and written statements at the termination hearing.
The board may continue the termination hearing. [112.39 s. 1;
112.411 s. 4]
Subd. 10. [TERMINATION ORDER.] (a) If, after the
termination hearing, the board determines that the existence of
the watershed district does not benefit the public welfare and
public interest and the watershed district is not needed to
accomplish the purpose of this chapter, the board must issue a
termination order.
(b) The termination order must include findings that
support termination of the watershed district and a statement
that the watershed district is terminated.
(c) The board must file a certified copy of the termination
order with the secretary of state.
(d) A watershed district ceases to be a political
subdivision and ceases to exist when a termination order for the
watershed district is filed with the secretary of state.
[112.411 s. 4]
MANAGERS
Sec. 18. [103D.301] [DISTRIBUTION OF MANAGER POSITIONS.]
Subdivision 1. [MORE THAN ONE AFFECTED COUNTY.] If more
than one county is affected by a watershed district, the board
must provide that managers are distributed by residence among
the counties affected by the watershed district. [112.42 s. 3]
Subd. 2. [MORE THAN FIVE AFFECTED COUNTIES.] If more than
five counties are affected by a watershed district, the board
may provide for the orderly distribution of the managers by
identifying the manager areas within the watershed district and
selecting the county board of commissioners for each manager's
area to appoint a manager. [112.42 s. 3]
Subd. 3. [REDISTRIBUTION.] (a) After ten years from the
establishment of the watershed district, the county board of
commissioners of a county affected by the watershed district may
petition the board to redistribute the managers. After holding
a public hearing on redistributing the managers, the board may
redistribute the managers among the counties affected by the
watershed district if the redistribution is in accordance with
the policy and purposes of this chapter.
(b) A petition for the redistribution of managers may not
be filed with the board more often than once in ten years.
[112.42 s. 3]
(c) If more than one county is affected by a watershed
district, the board must distribute the one-, two-, and
three-year terms among counties affected by the watershed
district. [112.42 s. 3]
Sec. 19. [103D.305] [INCREASING NUMBER OF MANAGERS.]
Subdivision 1. [INITIATION.] A proceeding to increase the
number of managers of a watershed district must be initiated by
filing a petition with the secretary of the board. [112.421 s.
1]
Subd. 2. [PETITION SIGNATURES.] The petition to increase
the number of managers must request the increase and be signed
by one or more of the following groups:
(1) one-half or more of the counties within the watershed
district;
(2) counties with 50 percent or more of the area within the
watershed district;
(3) a majority or greater number of the cities within the
watershed district;
(4) 50 or more resident owners residing in the watershed
district, excluding resident owners within the corporate limits
of a city if the city has signed the petition; or
(5) the managers of the watershed district. [112.37 s. 1;
112.421 s. 1]
Subd. 3. [HEARING ORDER.] When the board receives a
petition to increase the number of managers of a watershed
district, the board must order a hearing on the petition.
[112.421 s. 1]
Subd. 4. [HEARING NOTICE.] (a) The board must give notice
of the hearing to increase the number of managers by publication
in a legal newspaper published in counties affected by the
watershed district. The last publication must occur at least
ten days before the hearing.
(b) The board must give notice of the hearing by mail to
the auditors of counties and to the chief executive officials of
municipalities affected by the watershed district.
(c) The notice must include:
(1) a statement that a petition to increase the number of
managers of the watershed district has been filed with the
board;
(2) a general description of the purpose of the watershed
district;
(3) a general description of the property in the watershed
district;
(4) the date, time, and location of the hearing; and
(5) a statement that all persons affected or interested in
the watershed district may attend and give statements at the
hearing. [112.38; 112.421 s. 1]
Subd. 5. [HEARING.] (a) If the board determines at the
hearing that an increase in the number of managers would benefit
the public welfare, public interest, and the purpose of this
chapter, the board must increase the number of managers.
(b) If the watershed district affects more than one county,
the board, by order, must direct the distribution of the
managers among the affected counties. [112.421 s. 2]
Sec. 20. [103D.311] [APPOINTMENT OF MANAGERS.]
Subdivision 1. [MANAGER QUALIFICATIONS.] A person may not
be appointed as a manager who:
(1) is not a voting resident of the watershed district; and
(2) is a public officer of the county, state, or federal
government, except that a soil and water conservation supervisor
may be a manager. [112.42 s. 3]
Subd. 2. [APPOINTMENT.] (a) At least 30 days before the
terms of office of the first managers named by the board expire,
the county commissioners of each county affected by the
watershed district must meet and appoint successors.
(b) The county commissioners must meet at least 30 days
before the term of office of any manager expires and appoint a
successor.
(c) A vacancy occurring in an office of a manager must be
filled by the appointing county board. [112.42 s. 3]
Subd. 3. [NOMINEES FOR CITY INITIATED AND METROPOLITAN
WATERSHED DISTRICTS.] (a) If the establishment petition that
initiated the watershed district originated from a majority of
the cities within the watershed district, or if the watershed
district is located entirely within the metropolitan area, the
county commissioners must appoint the managers from a list of
persons nominated by one or more of the townships and
municipalities located within the watershed district. The list
must contain at least three nominees for each manager's position
to be filled. The list must be submitted to the county boards
affected by the watershed district at least 60 days before the
manager's term of office expires.
(b) If the list is not submitted 60 days before the
managers' terms of office expire, the county commissioners must
appoint the managers from eligible persons residing in the
watershed district.
(c) Managers of a watershed district entirely within the
metropolitan area must be appointed to fairly represent the
various hydrologic areas within the watershed district by
residence of the manager appointed. [112.42 s. 3]
Subd. 4. [RECORD OF APPOINTED MANAGERS.] A record of all
appointments made under this section must be filed with the
county auditor of each county affected by the watershed
district, the secretary of the board of managers, and the
secretary of the board of water and soil resources. [112.42 s.
3]
Sec. 21. [103D.315] [MANAGERS.]
Subdivision 1. [OATH.] Each manager must take and sign the
oath defined in the Minnesota Constitution, article V, section
6. The signed oath must be filed with the secretary of the
board. [112.42 s. 1]
Subd. 2. [BOND.] (a) Each manager must file a bond with
the board before assuming the manager's duties. The bond may be:
(1) a personal bond for each manager;
(2) a schedule or position bond or undertaking by the
managers of the watershed district; or
(3) a single corporate surety fidelity, schedule or
position bond or undertaking covering all managers and employees
of the watershed district, including officers and employees
required by law to furnish an individual bond or undertaking.
(b) The amount of the bond for managers is $1,000, unless
increased by the board. The amount of the bond for officers and
employees of the watershed district is the amount set by law or
by the person or board authorized to set the amounts.
(c) The bond must be conditioned substantially as provided
in section 574.13.
(d) The premium for the bond must be paid by the watershed
district. [112.42 s. 1a]
Subd. 3. [OFFICERS.] After filing the bond, the managers
must elect different managers as president, secretary, and
treasurer. The managers must fill vacancies occurring in the
officers' positions. The managers must provide the necessary
books, records, furniture, and equipment for the officers to
perform their official duties. [112.42 s. 1a]
Subd. 4. [SEAL.] The managers must adopt a seal for the
watershed district. [112.42 s. 2]
Subd. 5. [RECORDS.] The managers must keep efficient
records of all proceedings, minutes, certificates, contracts,
bonds of the board's employees, and all other business
transacted or action taken by the managers. The records must be
open to inspection by the property owners within the watershed
district and all other interested parties at all reasonable
times. [112.42 s. 2]
Subd. 6. [TERMS OF OFFICE.] The term of office for a
manager is three years except for the first board of managers
appointed by the state board and the first board appointed by
the county board. A manager's term continues until a successor
is appointed and qualified. [112.42 s. 3]
Subd. 7. [VACANCIES.] The provisions of section 351.02
regarding vacancies apply to members of the board of managers.
[112.42 s. 4]
Subd. 8. [COMPENSATION.] The compensation of managers for
meetings and for performance of other necessary duties may not
exceed $50 a day. Managers are entitled to reimbursement for
traveling and other necessary expenses incurred in the
performance of official duties. [112.42 s. 5]
Subd. 9. [FIRST MEETING OF MANAGERS.] (a) Within ten days
after the first board of managers has received notice by
personal service of their selection, the managers must meet at
the watershed district's principal place of business.
(b) At the first meeting, the managers must take the oath
under subdivision 1, provide a bond under subdivision 2, elect
officers under subdivision 3, and appoint an advisory committee
under section 24. [112.42 s. 1; 112.44]
Subd. 10. [MEETINGS.] The managers shall meet annually and
at other necessary times to transact the business of the
watershed district. A meeting may be called at any time at the
request of any manager. When a manager requests a meeting, the
secretary of the watershed district must mail a notice of the
meeting to each member at least eight days before the meeting.
[112.42 s. 7]
Subd. 11. [ADMINISTRATION BYLAWS AND RULES.] The managers
shall adopt bylaws and rules for the administration of the
business and affairs of the watershed district. Rules adopted
under this subdivision are not subject to section 26. [112.42
s. 6]
Sec. 22. [103D.321] [PRINCIPAL PLACE OF BUSINESS]
Subdivision 1. [UNAVAILABLE PUBLIC FACILITIES.] If public
facilities are not available for a watershed district's
principal place of business within the watershed district, the
board shall determine and designate the nearest suitable public
facility as the watershed district's principal place of business.
[112.42 s. 7]
Subd. 2. [CHANGE OF PRINCIPAL PLACE OF BUSINESS.] (a) The
managers may initiate a change of the principal place of
business to a different location within the watershed district
by passing a resolution stating the proposed change of
location. After passing the resolution, the managers must set a
time and location for a hearing on the change of the principal
place of business.
(b) The managers must give notice of the hearing by
publication in a legal newspaper, published in the counties
affected by the watershed district, with the last publication
occurring at least ten days before the hearing. Notice of the
hearing must be mailed to the auditors of counties affected by
the watershed district ten days before the hearing. After the
hearing, the managers may, by order, change the place of
business.
(c) The change of the principal place of business of the
watershed district is effective when a certified copy of the
managers' order is filed with the secretary of state and the
secretary of the board. [112.39 s. 4]
Sec. 23. [103D.325] [EMPLOYEES.]
Subdivision 1. [EMPLOYMENT AUTHORITY.] The managers may
employ a chief engineer, professional assistants, and other
employees, and provide for their qualifications, duties, and
compensation. [112.45]
Subd. 2. [BOND.] The managers may require an officer or
employee of the watershed district to give a bond for the
faithful performance of duties in an amount prescribed by the
manager. The cost of the bond must be paid from the funds of
the watershed district. [112.45]
Subd. 3. [CHIEF ENGINEER.] The chief engineer is
superintendent of all the works and improvements undertaken by
the district. The chief engineer must make a full engineer's
report to the managers each year, and more often if necessary.
A copy of the engineer's report and all recommendations by the
chief engineer must be transmitted to the managers and the
director. [112.45]
Sec. 24. [103D.331] [ADVISORY COMMITTEE.]
Subdivision 1. [PURPOSE.] The managers must appoint an
advisory committee to advise and assist the managers on all
matters affecting the interests of the watershed district and
make recommendations to the managers on all contemplated
projects and improvements in the watershed district. [112.44]
Subd. 2. [MEMBERS.] (a) The advisory committee consists of
at least five members. If practicable, the advisory committee
members selected must include a supervisor of a soil and water
conservation district, a member of a county board, a member of a
sporting organization, and a member of a farm organization.
Other advisory committee members may be appointed at the
discretion of the managers. The members must be residents of
the watershed district and serve at the pleasure of the managers.
(b) In addition, the managers may appoint other interested
and technical persons who may or may not reside within the
watershed district to serve at the pleasure of the managers.
[112.44]
Subd. 3. [EXPENSE REIMBURSEMENT.] The managers may
reimburse members of the advisory committee for actual traveling
and other necessary expenses incurred in the performance of
duties in the amount as provided for state employees. [112.44]
Sec. 25. [103D.335] [DISTRICT AND MANAGERS' POWERS.]
Subdivision 1. [GENERAL POWERS OF WATERSHED DISTRICT.] A
watershed district has the power, to the extent necessary for
lawful conservation purposes:
(1) to sue and be sued;
(2) to incur debts, liabilities, and obligations;
(3) to exercise the power of eminent domain;
(4) to provide for assessments and to issue certificates,
warrants, and bonds; and
(5) to perform all acts expressly authorized, and all other
acts necessary and proper for the watershed district to carry
out and exercise the powers expressly vested in it. [112.41]
Subd. 2. [JOINT POWERS.] Section 471.59 relating to joint
power authority applies to watershed districts organized under
this chapter. [112.68]
Subd. 3. [ACQUISITION AND DISPOSITION OF PROPERTY FROM
STATE AND FEDERAL AGENCIES.] Section 471.64 relating to
acquisition and disposition of property from the United States
and state agencies applies to watershed districts organized
under this chapter. [112.68]
Subd. 4. [GENERAL MANAGERS' POWERS.] (a) The managers may
use the powers in subdivisions 5 to 23 to implement this chapter.
[112.43 s. 1]
(b) The exercise of the managers' powers is subject to
review by the board as provided in this chapter. [112.43 s. 4]
Subd. 5. [DATA ACQUISITION.] The managers may:
(1) make necessary surveys or use other reliable surveys
and data and develop projects to accomplish the purposes for
which the watershed district is organized; and
(2) establish and maintain devices for acquiring and
recording hydrological data. [112.43 s. 1]
Subd. 6. [PROJECTS NOT REQUIRING A PETITION.] The managers
may initiate, undertake, and construct projects not required to
be instituted by a petition under section 53. [112.43 s. 1]
Subd. 7. [COOPERATE WITH OTHER ENTITIES.] The managers may
cooperate or contract with any state or subdivision of a state
or federal agency, private corporation, political subdivision,
or cooperative association. [112.43 s. 1]
Subd. 8. [DITCH AND WATERCOURSE WORK.] The managers may
construct, clean, repair, alter, abandon, consolidate, reclaim,
or change the course or terminus of any public ditch, drain,
sewer, river, watercourse, natural or artificial, within the
watershed district. [112.43 s. 1]
Subd. 9. [WATER CONTROL WORKS.] The managers may acquire,
operate, construct, and maintain dams, dikes, reservoirs, water
supply systems, and appurtenant works. [112.43 s. 1]
Subd. 10. [WATER USE AND CONSERVATION.] The managers may
regulate, conserve, and control the use of water within the
watershed district. [112.43 s. 1]
Subd. 11. [ACQUISITION OF PROPERTY.] The managers may
acquire by gift, purchase, or the right of eminent domain
necessary real and personal property. The watershed district
may acquire property outside the watershed district where
necessary for a water supply system. [112.43 s. 1]
Subd. 12. [ACQUISITION OF INSURANCE.] The managers may
contract for or purchase insurance the managers find necessary
for the protection of the watershed district. [112.43 s. 1]
Subd. 13. [CONSTRUCTION CONTRACTS.] The managers may enter
into contracts of construction authorized by this chapter.
[112.43 s. 1]
Subd. 14. [ENTRY ON LANDS.] The managers may enter lands
inside or outside the watershed district to make surveys and
investigations to accomplish the purposes of the watershed
district. The watershed district is liable for actual damages
resulting from entry. [112.43 s. 1]
Subd. 15. [TAKE OVER DRAINAGE SYSTEM.] The managers may
take over when directed by a drainage authority all joint county
or county drainage systems within the watershed district,
together with the right to repair, maintain, and improve them.
[112.43 s. 1]
Subd. 16. [SANITATION AND POLLUTION PREVENTION.] The
managers may provide for sanitation and public health and
regulate the use of streams, ditches, or watercourses to dispose
of waste and prevent pollution. [112.43 s. 1]
Subd. 17. [BORROWING FUNDS.] The managers may borrow funds
from an agency of the federal government, a state agency, a
county where the watershed district is located in whole or in
part, or a financial institution authorized under chapter 47 to
do business in this state. A county board may lend the amount
requested by a watershed district. A watershed district may not
have more than a total of $200,000 in loans from counties and
financial institutions under this subdivision outstanding at any
time. [112.43 s. 1]
Subd. 18. [FLOODPLAIN MAPS.] The managers may prepare a
floodplain map of the lands of the watershed district that are
in the floodplain of lakes and watercourses. The map must be
made available to the counties and local municipalities for
inclusion in floodplain ordinances. It must conform to rules of
the commissioner setting standards for designation of floodplain
areas. [112.43 s. 1]
Subd. 19. [OPEN SPACE AND GREENBELTS.] The managers may
prepare an open space and greenbelt map of the lands of the
watershed district that should be preserved and included in the
open space and greenbelt land areas of the watershed district.
The map must be made available to the counties and local
municipalities for inclusion in floodplain and shoreland
ordinances. The managers may control the use and development of
land in the floodplain and the greenbelt and open space areas of
the watershed district. The managers may adopt, amend, or
repeal rules to control encroachments, the changing of land
contours, the placement of fill and structures, and the
placement of encumbrances or obstructions, and may require a
landowner to remove fill, structures, encumbrances, or other
obstructions and restore the previously existing land contours
and vegetation. The managers may by rule provide a procedure
for the watershed district to do the work required and assess
its cost against the affected property as a special assessment.
The rules apply only in the absence of county or municipal
ordinances regulating the items set forth in this subdivision.
The rules must be adopted in accordance with section 26.
[112.43 s. 1]
Subd. 20. [STATE ASSOCIATION MEMBERSHIP.] The managers may
appropriate necessary funds to provide for membership in a state
association of watershed districts whose purpose is to improve
watershed governmental operations. [112.43 s. 1]
Subd. 21. [CONTRACTS.] The managers may make contracts or
other arrangements with the federal government, persons,
railroads or other corporations, political subdivisions, and the
state or other states, with drainage authorities, flood control,
soil conservation, or other improvement districts in this state
or other states, for cooperation or assistance in constructing,
maintaining, and operating the projects of the watershed
district, or for the control of its waters, or for making
surveys and investigations or reports on them. [112.67]
Subd. 22. [PROJECTS IN OTHER STATES.] The managers may
purchase, lease, or acquire land or other property in adjoining
states to secure outlets, to construct and maintain dikes or
dams or other structures for the purposes of this chapter.
[112.67]
Subd. 23. [METROPOLITAN WATERSHED DISTRICTS.] (a) A
watershed district located wholly within the metropolitan area
has the duties and powers in article 2, section 7.
(b) Notwithstanding any contrary provision of this section,
a watershed district located entirely within the metropolitan
area may regulate the use and development of land only under the
conditions specified in article 2, section 7, subdivision 1.
[112.43 s. 1b]
Sec. 26. [103D.341] [RULES.]
Subdivision 1. [REQUIREMENT.] The managers must adopt
rules to accomplish the purposes of this chapter and to
implement the powers of the managers. [112.43 s. 1c]
Subd. 2. [PROCEDURE.] (a) Rules of the watershed district
must be adopted or amended by a majority vote of the managers,
after public notice and hearing. Rules must be signed by the
secretary of the board of managers and recorded in the board of
managers' official minute book.
(b) For each county affected by the watershed district, the
managers must publish a notice of hearings and adopted rules in
one or more legal newspapers published in the county and
generally circulated in the watershed district. The managers
must file adopted rules with the county recorder of each county
affected by the watershed district.
(c) The managers must mail a copy of the rules to the
governing body of each municipality affected by the watershed
district. [112.43 s. 1c]
Subd. 3. [NOTIFICATION FOR RULE THAT AFFECTS CITY.] A rule
or resolution that affects land or water within the boundaries
of a city is not effective within the city's boundaries until
the governing body of the city is notified. [112.43 s. 1a]
Sec. 27. [103D.345] [PERMITS.]
Subdivision 1. [APPLICATION FEE.] A person applying for a
permit required by the managers under a rule controlling the use
and development of land in the floodplain, greenbelt, and open
space areas of the watershed district must accompany the
application with a permit application fee to defray the cost of
recording and processing the application. The managers may set
the fee not to exceed $10. [112.88. s. 1]
Subd. 2. [FIELD INSPECTION FEE.] The managers may charge,
in addition, a field inspection fee of at least $35. The
inspection fee must be used to cover actual costs related to a
field inspection. Inspection costs include investigation of the
area affected by the proposed activity, analysis of the proposed
activity, services of a consultant, and any required subsequent
monitoring of the proposed activity. Costs of monitoring an
activity authorized by permit may be charged and collected as
necessary after issuance of the permit. [112.88 s. 2]
Subd. 3. [GOVERNMENT AGENCIES EXEMPT.] The fees in
subdivisions 1 and 2 may not be charged to the federal
government, the state, or a political subdivision. [112.88 s.
3]
Subd. 4. [BOND.] The managers may require an applicant for
a permit to file a bond with the managers in an amount set by
the managers and conditioned on performance by the applicant of
authorized activities in conformance with the terms of the
permit. [112.88 s. 4]
Sec. 28. [103D.351] [ANNUAL REPORT.]
(a) The managers must prepare a yearly report of the
financial conditions of the watershed district, the status of
all projects, the business transacted by the watershed district,
other matters affecting the interests of the watershed district,
and a discussion of the managers' plans for the succeeding year.
(b) Copies of the report must be transmitted to the
secretary of the board of water and soil resources, the
commissioner, and the director within a reasonable time.
[112.43 s. 3]
Sec. 29. [103D.355] [ANNUAL AUDIT.]
Subdivision 1. [REQUIREMENT.] The managers must have an
annual audit completed of the books and accounts of the
watershed district. The annual audit may be made by a public
accountant or by the state auditor. [112.73]
Subd. 2. [AUDIT BY STATE AUDITOR.] (a) If the annual audit
is to be made by the state auditor, the audit must be initiated
by a petition of the resident owners of the watershed district
or resolution of the managers of the watershed district. The
petition must request an annual audit pursuant to the authority
granted municipalities under sections 6.54 and 6.55.
(b) If the audit is made by the state auditor, the
watershed district receiving the examination must pay the state
the total cost and expenses of the examination, including the
salaries paid to the examiners while actually engaged in making
the examination. The general fund must be credited with all
collections made for examinations under this subdivision.
[112.73]
Subd. 3. [REPORTS FOR STATE AUDITOR.] The managers must
make and submit reports demanded by the state auditor. [112.73]
WATERSHED MANAGEMENT PLAN
Sec. 30. [103D.401] [WATERSHED MANAGEMENT PLAN.]
Subdivision 1. [CONTENTS.] (a) The managers must adopt a
watershed management plan for any or all of the purposes for
which a watershed district may be established. The watershed
management plan must give a narrative description of existing
water and water-related problems within the watershed district,
possible solutions to the problems, and the general objectives
of the watershed district.
(b) The watershed management plan may include a separate
section on proposed projects. If the watershed district is
within the metropolitan area, the separate section of proposed
projects or petitions for projects to be undertaken according to
the watershed management plan is a comprehensive plan of the
watershed district for purposes of review by the metropolitan
council under section 473.165. [112.46 s. 1]
Subd. 2. [REVIEW.] The managers must send a copy of the
proposed watershed management plan to the county auditor of each
county affected by the watershed district, the secretary of the
board, the commissioner, the director, the governing body of
each municipality affected by the watershed district, and soil
and water conservation districts affected by the watershed
district. For a watershed district within the metropolitan
area, a copy of the proposed watershed management plan must also
be submitted to the metropolitan council. [112.46 s. 2]
Subd. 3. [DIRECTOR'S AND METROPOLITAN COUNCIL'S
RECOMMENDATIONS.] After receiving the watershed management plan,
the director and the metropolitan council must review and make
recommendations on the watershed management plan. By 60 days
after receiving the plan, the director and the metropolitan
council must send their recommendations on the watershed
management plan to the board and a copy to the managers of the
watershed district, the county auditor of each county affected
by the watershed district, the governing bodies of all
municipalities affected by the watershed district, and soil and
water conservation districts affected by the watershed
district. The board may extend the period for review and
transmittal of the recommendations. [112.46 s. 2]
Subd. 4. [HEARING NOTICE.] (a) The board must give notice
and hold a watershed management plan hearing on the proposed
watershed management plan by 45 days after receiving the
director's and metropolitan council's recommendations.
(b) The board must give notice of the watershed management
plan hearing by publication in a legal newspaper that is
published in counties affected by the watershed district. The
last publication must occur at least ten days before the
watershed management plan hearing.
(c) The board must give notice of the watershed management
plan hearing by mail to the auditors of counties and to the
chief executive officials of municipalities affected by the
watershed district.
(d) The notice must include:
(1) a statement that a copy of the proposed watershed
management plan has been filed with the board, the metropolitan
council, where applicable, the auditors of counties affected by
the proposed watershed district, the commissioner, the director,
the governing body of each municipality affected by the
watershed district, and the soil and water conservation
districts affected by the watershed district;
(2) a general description of the purpose of the watershed
district;
(3) a general description of the property included in the
watershed district;
(4) a general description of the proposed watershed
management plan;
(5) the date, time, and location of the hearing; and
(6) a statement that all persons affected or interested in
the watershed district may attend and give statements at the
watershed management plan hearing. [112.38; 112.46 s. 2]
Subd. 5. [BOARD APPROVAL.] After the watershed management
plan hearing, the board must, by order, prescribe and approve a
watershed management plan for the watershed district. The board
must send a copy of the order and approved watershed management
plan to the managers, the county board of each county affected
by the watershed district, the commissioner, the director, the
metropolitan council, where applicable, the governing body of
each municipality affected by the watershed district, and soil
and water conservation districts affected by the watershed
district. The watershed management plan approved by the board
is the watershed management plan for the watershed district.
[112.46 s. 2]
Sec. 31. [103D.405] [REVISED WATERSHED MANAGEMENT PLAN.]
Subdivision 1. [REQUIREMENTS.] (a) The managers and the
board must revise the watershed management plan for the
watershed district at least once every ten years after the
original watershed management plan is approved.
(b) The managers must consider inclusion of at least the
following items in the revised watershed management plan:
(1) updates and supplements of the existing hydrological
and other statistical data of the watershed district;
(2) specific projects to be completed;
(3) a statement of the extent that the purposes for which
the watershed district had been established have been
accomplished;
(4) a description of problems requiring future action by
the watershed district;
(5) a summary of completed studies on active or planned
projects, including financial data; and
(6) an analysis of the effectiveness of the watershed
district's rules and permits in achieving its water management
objectives in the watershed district.
(c) A revised watershed management plan must be
transmitted, reviewed, recommended, and approved as provided in
subdivisions 2 to 4 and 6. [112.46 s. 3, 4, 5]
Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years
and six months from the date that the board approved a watershed
management plan or the last revised watershed management plan,
the managers must consider the requirements under subdivision 1
and adopt a revised watershed management plan outline and send a
copy of the outline to the board.
(b) By 60 days after receiving a revised watershed
management plan outline, the board must review it, adopt
recommendations regarding the revised watershed management plan
outline, and send the recommendations to the managers.
(c) By 120 days after receiving the board's recommendations
regarding the revised watershed management plan outline, the
managers must complete the revised watershed management plan.
[112.46 s. 4, 5]
Subd. 3. [REVIEW.] The managers must send a copy of the
revised watershed management plan to the board, the county board
and county auditor of each county affected by the watershed
district, the director, the governing body of each municipality
affected by the watershed district, soil and water conservation
districts affected by the watershed district, and the
metropolitan council, if the watershed district is within the
metropolitan area. [112.46 s. 5]
Subd. 4. [DIRECTOR'S AND METROPOLITAN COUNCIL'S
RECOMMENDATIONS.] The director and the metropolitan council, if
applicable, must review and make recommendations on the revised
watershed management plan. By 60 days after receiving the
revised watershed management plan unless the time is extended by
the board, the director and the council must send the
recommendations on the revised watershed management plan to the
board, and a copy of the recommendations to the managers, the
county auditor of each county affected by the watershed
district, the governing body of each municipality affected by
the watershed district, and soil and water conservation
districts affected by the watershed district. [112.46 s. 5]
Subd. 5. [NOTICE.] (a) The board must give notice and hold
a revised watershed management plan hearing on the proposed
revised watershed management plan by 45 days after receiving the
director's and metropolitan council's recommendation.
(b) The board must give notice of the revised watershed
management plan hearing by publication in a legal newspaper
published in counties affected by the watershed district. The
last publication must occur at least ten days before the revised
watershed management plan hearing.
(c) The board must give notice of the revised watershed
management plan hearing by mail to the auditors of counties and
to the chief executive officials of municipalities affected by
the watershed district.
(d) The notice must include:
(1) a statement that a copy of the proposed revised
watershed management plan has been filed with the board, the
metropolitan council, where applicable, the auditors of counties
affected by the proposed watershed district, the commissioner,
the director, the governing body of each municipality affected
by the watershed district, and the soil and water conservation
districts affected by the watershed district;
(2) a general description of the purpose of the watershed
district;
(3) a general description of the property included in the
watershed district;
(4) a general description of the proposed revised watershed
management plan;
(5) the date, time, and location of the hearing; and
(6) a statement that all persons affected or interested in
the watershed district may attend and give statements at the
revised watershed management plan hearing. [112.38; 112.46 s.
2, 5]
Subd. 6. [BOARD ORDER.] After the revised watershed
management plan hearing, the board must prescribe a revised
watershed management plan for the watershed district. The board
must send a copy of the order and approved revised watershed
management plan to the managers, the county board of each county
affected by the watershed district, the commissioner, the
director, the metropolitan council, where applicable, and soil
and water conservation districts affected by the watershed
district. The revised watershed management plan approved by the
board is the revised watershed management plan for the watershed
district. [112.46 s. 2, 5]
Sec. 32. [103D.411] [AMENDMENT OF WATERSHED MANAGEMENT
PLAN AND REVISED WATERSHED MANAGEMENT PLAN.]
The managers may initiate an amendment of a watershed
management plan or revised watershed management plan by
submitting a petition with the proposed amendment to the board.
The board must give notice and hold a hearing on the amendment
in the same manner as for the watershed management plan. After
the hearing, the board may, by order, approve or prescribe
changes in the amendment. The amendment becomes part of the
watershed management plan after approval by the board. The
board must send the order and approved amendment to the entities
that receive an approved watershed management plan under section
30, subdivision 5. [112.46 s. 2]
GENERAL PROVISIONS
Sec. 33. [103D.501] [CONSTRUCTION AND ADMINISTRATION.]
This chapter shall be construed and administered so as to
make effective the purposes of section 6, subdivision 1.
[112.34 s. 1]
Sec. 34. [103D.505] [REFERENCE TO OTHER DRAINAGE LAWS.]
If this chapter refers to particular sections of the
drainage laws of this state, the sections and provisions shall,
if consistent with this chapter, be treated and construed as
having the same effect, so far as the provisions of this chapter
are concerned, as though set forth in this chapter. Amendments
of those laws passed after the effective date of this chapter
are applicable to this chapter. [112.72]
Sec. 35. [103D.511] [CERTAIN CONDEMNATION PROVISIONS DO
NOT APPLY.]
Section 117.155 relating to payment of damages in a
condemnation proceeding does not apply to a project financed by
special assessment. [112.87]
Sec. 36. [103D.515] [PREEXISTING AND IMPROVED WATER
RIGHTS.]
Subdivision 1. [PREEXISTING WATER RIGHTS RECOGNIZED.] The
rights of private or corporate landowners to use the waters of
the watershed district for any purpose continue as the rights
existed at the time of the organization of the watershed
district. [112.71]
Subd. 2. [WATERSHED DISTRICT POSSESSES IMPROVED
RIGHTS.] All preexisting rights must be recognized by the
managers, but if projects constructed by the watershed district
make possible a greater, better, or more convenient use of or
benefit from the waters of the watershed district for any
purpose, the right to the greater use or benefit is the property
of the watershed district. [112.71]
Subd. 3. [COMPENSATION FOR IMPROVED RIGHTS.] The watershed
district may lease or assign the rights in return for reasonable
compensation, as provided in this section. [112.71]
Subd. 4. [APPROVAL OF RIGHTS TRANSFER.] Leases,
assignments, permits, or contracts for the use of water shall be
entered into only after the managers have reported to the board
the terms and conditions of the lease, permit, or contract
relative to the use of any watershed district property. The
secretary of the board shall give notice of the contract to all
parties interested, by mail, and shall have notice of the
application published. The notice must state the purpose of the
application and the time and place of hearing on it. At the
time of hearing the board shall hear all interested persons for
or against the proposed contract and make an order accordingly
on conditions and restrictions necessary to protect the interest
of the watershed district and of the public. [112.71]
Sec. 37. [103D.521] [RIGHTS ASSURED DUE PROCESS OF LAW.]
A person may not be deprived or divested under this chapter
of a previously established beneficial use or right without due
process of law. [112.84]
Sec. 38. [103D.525] [PROCEEDINGS AFTER FAULTY NOTICES ARE
GIVEN.]
Subdivision 1. [JURISDICTION RETAINED.] If a notice is
required for a hearing or proceeding before the board, managers,
or district court, and the board, managers, or court find that
proper notice was not given, the board, managers, or court do
not lose jurisdiction and the proceedings are not invalid.
[112.78]
Subd. 2. [PROPER NOTICE TO BE GIVEN.] If the notice was
defective, the board, managers, or court shall order proper
notice to be given. The board, managers, or court shall
continue the hearing until notice is properly given and then
proceed as though notice had been properly given in the first
instance. [112.78]
Subd. 3. [DEFECTIVE PUBLISHED NOTICE.] If the original
notice was faulty only with reference to publication as to
certain tracts, only the persons interested in those particular
tracts need be notified by a later notice. If the publication
of a notice in a county was defective or not made in time,
notice need be given only within the county where notice was
defective. [112.78]
Sec. 39. [103D.531] [CONTINUANCE OF HEARINGS.]
If an order has been made and notice given for a hearing in
a proceeding under this chapter, and the board, managers, or
court fail to appear at the time and place specified, the
secretary of the board or the managers, or the court
administrator of the district court shall continue the hearing
to another date as necessary and notify the board, managers, or
the court of the continuance and the date of hearing. The
matter shall be continued to that date without affecting the
jurisdiction of the board, the managers, or the court. [112.79]
Sec. 40. [103D.535] [APPELLATE PROCEDURES AND REVIEW.]
Subdivision 1. [WHAT CAN BE APPEALED.] Any party alone or
jointly may appeal to the district court or to the board an
order of the managers made in a proceeding and entered in the
watershed district's record that determines:
(1) the amount of benefits determined;
(2) the amount of damages allowed;
(3) the allowance of fees or expenses in any proceedings;
(4) a matter that affects a substantial right; or
(5) an order of the managers authorizing or refusing to
establish a project in whole or in part. [112.801 s. 1]
Subd. 2. [AMOUNTS AWARDED ON APPEAL ARE SUBSTITUTED.] On
appeal, the amount awarded by the jury or the board as finally
determined shall stand for and in the place of the amount from
which the appeal was taken. [112.801 s. 2]
Subd. 3. [APPEALS FROM MANAGERS' ORDERS.] (a) If an appeal
is taken from an order authorizing a project, a trial of an
appeal of benefits or damages from the proceedings must be
stayed until the appeal is decided. If the order authorizing
the project is affirmed, a trial of an appeal of benefits or
damages may commence.
(b) If the appeal is from an order refusing to authorize a
project and the court or the board later orders the project, the
secretary of the watershed district shall give notice by
publication of the filing of the order. The notice is
sufficient if it refers to the proposed project by general
description and recites the substance of the order and the date
of filing in the court. [112.801 s. 3]
Subd. 4. [APPEALS CAN INVOLVE PROPERTY OTHER THAN
APPELLANT'S OWN.] (a) A person or political subdivision
appealing the amount of benefits or damages may include and have
considered and determined benefits or damages affecting property
other than that person's or political subdivision's own property.
(b) Notice of the appeal must be served on:
(1) the owner or occupant of the property not owned by the
appellant or on the attorney who represented the other owner in
the proceedings;
(2) the auditor of the county where the property is
located; and
(3) on the court administrator of the district court of the
county where the principal place of business of the watershed
district is located, or on the secretary of the board. [112.801
s. 4]
Subd. 5. [NOTICE OF APPEAL.] (a) Before the appeal is
heard by the court or board, the appellant must file a notice of
appeal with the court administrator of the district court or the
secretary of the board. The appeal must:
(1) be filed within 30 days of the date of the final order;
(2) state the grounds upon which the appeal is taken; and
(3) be accompanied by an appeal bond of at least $250 to
the watershed district where the property is located.
(b) The bond must be approved by the court administrator of
the district court or the secretary of the board where the
appeal is filed. The bond must be conditioned that the
appellant will:
(1) make the appeal;
(2) pay all costs and disbursements that may be adjudged
against the appellant; and
(3) comply with the order of the court or of the board
where the appeal is filed. [112.801 s. 5]
Subd. 6. [TIME AND PLACE OF TRIAL.] (a) The appeal must be
tried by a jury, or by the board at a time and place set by the
court or board. If the appeal is tried by a jury, the appeal
must be tried and determined at the next term of the district
court held within the county where the notice of appeal was
filed, or in other counties where the appeal is heard, beginning
after the filing of the appeal.
(b) An appeal takes precedence over all other civil matters.
(c) If there is more than one appeal to the board involving
the same project, or if there is more than one appeal triable in
one county, the court or the board may consolidate the appeals
and try them together, but the rights of the appellants must be
determined separately. Consolidation of the appeals may be made
on the court's or board's own motion or on the motion of a party
in interest. [112.801 s. 6]
Subd. 7. [BENEFITS OUTSIDE COUNTY OF DISTRICT'S
OFFICE.] If there is an appeal relating to damages or benefits
to property in a county other than the county where the
principal place of business of the watershed district is
located, on request of the appellant, the trial must be held at
the next term of the district court of the county where the
benefited or damaged property is located. The court
administrator of the district court where the appeal is filed
shall make a transcript of the papers and documents on file in
the court administrator's office in the proceeding as they
pertain to the matter for which the appeal is taken. The court
administrator shall certify the transcript and file it in the
office of the court administrator of the district court in the
county where the appeal will be tried. After the final
determination of the appeal, the court administrator of the
district court where the action is tried shall certify and
return the verdict to the district court of the county where the
proceedings were initiated. [112.801 s. 6]
Subd. 8. [APPEAL TO BOARD.] If the appeal is to the board,
the board shall file its decision with the board's secretary.
If the appeal is taken to the board from the order of the
managers, the decision of the board may be reviewed by
certiorari proceedings in the district court of a county where
the proposed project lies in whole or in part. [112.801 s. 6]
Subd. 9. [COURT REFERRAL OF QUESTIONS TO BOARD.] If an
appeal is from the order of the managers and made to the
district court, and the court determines that there are involved
facts, circumstances, or matters especially within the
knowledge, functions, or duties of the board, the court may
refer to the board as referee questions of fact within the scope
of the board's knowledge, functions, and duties. The board
shall make its findings of fact upon the questions and report
them back to the court. [112.801 s. 6]
Subd. 10. [TRIAL RECORD.] The board shall make a record of
all matters tried by the board on appeal or referred to it by
the district court for findings of fact under this section. The
record must meet the requirements of a record of the trial of a
matter in district court. [112.801 s. 7]
Subd. 11. [BOARD MUST FOLLOW ADMINISTRATIVE
PROCEDURE.] Proceedings before the board must conform to
sections 14.57 to 14.62. [112.801 s. 8]
Sec. 41. [103D.541] [APPEAL OF COURT ORDER.]
Subdivision 1. [APPEAL AUTHORIZED.] A party may appeal a
court order as in other civil cases if aggrieved by a final
order or judgment given on appeal to the district court, or by
the original order of the court made in proceedings heard and
tried before the court. [112.82 s. 1]
Subd. 2. [APPEAL OF PROCEEDING BEFORE MANAGERS.] In a
proceeding before the managers for the repair, improvement,
maintenance, consolidation, or abandonment of a project of the
watershed district, the right of appeal is the same as in other
civil cases. [112.82 s. 2]
Sec. 42. [103D.545] [ENFORCEMENT.]
Subdivision 1. [MISDEMEANOR.] A violation of a provision
of this chapter, a rule, order, or stipulation agreement made or
a permit issued by the managers under this chapter is a
misdemeanor. [112.89 s. 1]
Subd. 2. [METHODS OF ENFORCEMENT.] A provision of this
chapter, a rule, order, or stipulation agreement made or a
permit issued by the managers under this chapter may be enforced
by criminal prosecution, injunction, action to compel
performance, restoration, abatement, and other appropriate
action. [112.89 s. 2]
Sec. 43. [103D.551] [ENFORCEMENT OF RULES AND ORDERS.]
The district court may enforce the provisions of this
chapter, and a rule adopted or order issued by the managers
under this chapter by injunction or other appropriate order.
[112.43 s. 2]
PROCEDURE FOR MANAGERS' ESTABLISHMENT OF PROJECTS
Sec. 44. [103D.601] [ESTABLISHMENT OF PROJECT BY MAJORITY
OF MANAGERS.]
Subdivision 1. [REQUIREMENTS.] (a) The managers may
initiate a project by resolution of at least a majority of the
managers if:
(1) the project is financed by grants totaling at least 50
percent of the estimated project cost; and
(2) the engineer's estimate of costs to parties affected by
the watershed district, including assessments against benefited
properties but excluding state, federal, or other grants, is not
more than $750,000 for the project.
(b) A resolution under this subdivision may not be used to
establish a project that has drainage as its essential nature
and purpose. [112.48 s. 4]
Subd. 2. [PRELIMINARY RESOLUTION HEARING NOTICE.] (a) The
managers must set the time and location for a preliminary
resolution hearing on the proposed resolution for the project.
(b) The managers must give notice of the preliminary
resolution hearing by publication in a legal newspaper published
in the counties affected by the watershed district. The last
publication must occur at least ten days before the preliminary
resolution hearing.
(c) The preliminary resolution hearing notice must contain:
(1) the date, time, and place of hearing;
(2) the substance of the proposed project resolution;
(3) the means of financing the project; and
(4) a statement that all persons who might be affected by
the proposed project or who may be interested in the proposed
project may appear and be heard.
(d) Defects in the notice do not invalidate the proceedings.
[112.48 s. 4]
Subd. 3. [PRELIMINARY REPORT AND INFORMATION.] (a) The
managers must have the watershed district engineer or another
competent person prepare a preliminary report advising the
managers whether the proposed project is feasible and estimating
the cost of the project. An error or omission in the
preliminary report does not invalidate the proceeding.
(b) The managers may have other helpful information
prepared that will aid in determining the desirability and
feasibility of the project. [112.48 s. 4]
Subd. 4. [UNFAVORABLE PRELIMINARY REPORT.] If the
preliminary report is unfavorable, the managers must set a time
and location for a hearing in the manner provided for the
preliminary resolution. After the hearing, the project may be
referred back to the watershed district engineer or another
competent person for further study and report, or the managers
may dismiss the proceeding. [112.48 s. 4]
Subd. 5. [FINAL RESOLUTION.] If, after the hearing, the
managers determine that the proposed project promotes the public
interest and welfare and is practicable and in conformity with
the watershed management plan of the watershed district, the
managers must adopt a final resolution approving the project and
identify the proceeding by name and number. [112.48 s. 4]
Subd. 6. [FURTHER PROCEDURE.] (a) When a final resolution
is adopted, the proceeding must continue as provided for a
project initiated by a petition.
(b) After the managers file a statement listing the
property benefited, damaged, or otherwise affected by a project
with the auditors of counties affected by the project, the
proceedings for the project must continue under section 68.
[112.48 s. 4]
PROCEDURE FOR BASIC WATER MANAGEMENT PROJECTS
AND GOVERNMENT PROJECTS
Sec. 45. [103D.605] [PROJECT CONSTRUCTED WITH GOVERNMENT
AID OR AS PART OF PLAN.]
Subdivision 1. [PROCEDURE REQUIREMENT.] The procedure in
this section must be followed if:
(1) a project is to be constructed within the watershed
district under an agreement between the managers and the state
or federal government and the cost of the project is to be paid
for in whole or in part by the state or federal government, but
the rights-of-way and the cost of the project are assumed by the
watershed district; or
(2) the managers are undertaking all or a portion of the
basic water management project as identified in the watershed
management plan. [112.48 s. 3]
Subd. 2. [BOARD'S AND DIRECTOR'S REPORTS.] A copy of the
project plan must be transmitted to the board and the director.
The board and the director must review the project plan and
prepare reports on the project. The reports must be transmitted
to the managers. [112.48 s. 3]
Subd. 3. [PROJECT HEARING NOTICE.] (a) After receiving the
board's and the director's reports, the managers must set a time
and location for a hearing on the proposed project.
(b) The project hearing notice must state:
(1) the time and location of the project hearing;
(2) the general nature of the proposed project;
(3) the estimated cost of the proposed project; and
(4) the method by which the cost of the proposed project is
to be paid, including the cost to be allocated to each affected
municipality or the state government.
(c) The managers must give notice by publication before the
date of the hearing in a legal newspaper, published in the
counties where property is to be improved by the proposed
project. The last publication must occur between 30 days and
ten days before the project hearing.
(d) At least ten days before the project hearing, notice by
mail must be given to the director and the municipalities
entirely or partly within the project area.
(e) Failure to give mailed notice or defects in the notice
do not invalidate the proceedings. [112.48 s. 3]
Subd. 4. [PROJECT HEARING.] At the project hearing, the
managers must hear all parties interested in the proposed
project. [112.48 s. 3]
Subd. 5. [PROJECT ESTABLISHMENT.] After the project
hearing, if the managers find that the project will be conducive
to public health, promote the general welfare, and is in
compliance with the watershed management plan and the provisions
of this chapter, the board must, by order, establish the
project. The establishment order must include the findings of
the managers. [112.48 s. 3]
Sec. 46. [103D.611] [CONSTRUCTION BY GOVERNMENT AGENCIES.]
Subdivision 1. [PROJECT PLAN TO DIRECTOR AND BOARD.] If a
project is to be constructed within the watershed district under
a contract between the watershed district and the state or the
federal government, and the cost of construction is to be paid
by the governmental agency but the rights-of-way, legal, and
general expenses of the improvement are to be paid by the
watershed district, the managers shall forward a copy of the
project plan to the board and the director. The director shall
prepare a director's advisory report and the board shall prepare
a board's advisory report. [112.69 s. 1]
Subd. 2. [HEARING NOTICE.] (a) The managers shall hold a
public hearing on the proposed contract following publication of
the hearing notice.
(b) The hearing notice must be published once each week for
two successive weeks before the date of the hearing in a legal
newspaper published in the counties where a part or all of the
affected waters and lands are located. The last publication
must occur at least ten days before the hearing. The notice
must state the time and place of hearing, the general nature of
the proposed improvement, its estimated cost, and the area
proposed to be assessed.
(c) At least ten days before the hearing, notice must be
mailed to each resident owner, as shown on the county auditor's
most recent records maintained for taxation purposes, within the
area proposed to be assessed, and to the director, and to each
public body within the area to be assessed and likely to be
affected. Failure to give mailed notice or defects in the
notice do not invalidate the proceedings. [112.69 s. 1]
Subd. 3. [HEARING.] At the time and place specified in the
notice the managers shall hear all interested parties for and
against the proposed project. All questions relative to the
project must be determined on evidence presented at the
hearing. If the managers find that the project will be
conducive to public health and will promote the general welfare,
and that it complies with this chapter, the managers shall make
findings accordingly, authorize the project, and make the
proposed contract or other arrangement. [112.69 s. 1]
Subd. 4. [APPRAISAL.] (a) After authorizing the project,
the managers shall appoint three disinterested resident owners
of the state to act as appraisers.
(b) After the appraisers sign an oath to faithfully and
impartially perform their duties, they shall, with or without
the engineer, determine the benefits and damages to property
affected by the proposed project. The appraisers shall make a
detailed statement and file the statement with the managers
showing:
(1) the actual damages that have resulted or will result to
individuals, property, or corporations from the construction of
the project; and
(2) a list of property, including highways and
corporations, receiving actual benefits by way of drainage,
control of flood waters, or other means authorized in this
chapter. [112.69 s. 1]
Subd. 5. [HEARING ON APPRAISERS' REPORT.] (a) After the
appraisers' report and the plans and engineering data prepared
by the governmental agency are filed with the managers, the
managers shall prepare a detailed statement of all costs,
including damages, to be incurred by the watershed district in
construction of the project.
(b) The managers shall order a time and place within the
watershed district for a hearing on the appraisers' report by 35
days after the detailed statement of costs is prepared. The
managers shall give notice by publication and mailing as
provided in subdivision 1 for a hearing on a petition. At the
time and place specified in the notice, the managers shall hear
all parties interested for and against confirming the
appraisers' report.
(c) The managers may order and direct the modification of
the assessment of benefits and damages, and amend or change the
list of properties reported as benefited or damaged. If the
amended reports include property not included in the original
report, the managers shall adjourn and publish and mail in the
manner for the original notice, the proper notice concerning the
property not included in the previous notice.
(d) If upon full hearing the managers find that the
benefits resulting from the construction will be greater than
the assessments including damages they shall confirm the
appraisers' report.
(e) Persons or political subdivisions affected by the order
may appeal the order under this chapter. [112.69 s. 2]
Subd. 6. [ASSESSMENTS AND LEVIES.] Proceedings for
assessments and levies may be brought under section 68 after the
managers file a statement with the auditor of a county that
lists the property and corporations benefited or damaged or
otherwise affected by a project as found by the appraisers and
approved by the managers. [112.69 s. 2]
Subd. 7. [NORMAL PROJECT INITIATION DOES NOT
APPLY.] Section 53 relating to project initiation does not apply
to projects of the watershed district constructed under contract
as provided in this section. [112.69 s. 2]
Subd. 8. [ACQUISITION OF PROPERTY.] (a) If the watershed
district is required to acquire an interest in real property
under this section or convey an interest in real property to the
federal government, the managers shall, before the filing of the
appraisers' report, record a notice of the pendency of a
proceeding initiated by the managers to acquire the lands to be
conveyed to the federal government. The notice of pendency must
be recorded in the office of the county recorder of the affected
county. The notice must state the purpose for which the lands
are to be taken.
(b) By 20 days before the hearing on the appraisers'
report, in addition to the notice required by subdivision 2, the
notice of the hearing must be served on the owners of the
property to be acquired, in the same manner as the summons in a
civil action. The notice must:
(1) describe the property;
(2) state by whom and for what purpose the property is to
be taken;
(3) give the names of all persons appearing of record or
known to the managers to be the owners;
(4) state that appraisers have been appointed as provided
by subdivision 4, to determine the benefits and damages; and
(5) state that a hearing will be held by the managers on
the appraisers' report at the time and place specified in the
notice.
(c) After the managers have confirmed the appraisers'
report listing the property to be benefited or damaged as
provided in subdivision 5, the managers have all rights of
possession and entry conferred in other cases of condemnation by
chapter 117.
(d) After confirmation of the appraisers' report, the
attorney for the managers shall make a certificate describing
the property taken and the purpose for the taking, and reciting
the fact of payment of all awards determined by the appraisers
appointed by the managers or judgments in relation to the land.
When approved by the managers, the certificate establishes the
right of the watershed district in the property taken. The
certificate must be filed for record with the county recorder of
the county where the property is located. The filing
constitutes notice to all parties of the title of the watershed
district to the property described in the certificate.
(e) After the certificate is filed, the managers may convey
the property and interests in the property acquired to the
federal government, if necessary. [112.69 s. 3]
EMERGENCY PROJECTS
Sec. 47. [103D.615] [EMERGENCY PROJECTS.]
Subdivision 1. [DECLARATION OF EMERGENCY.] If the managers
find that conditions exist that present a clear and imminent
danger to the health or welfare of the people of the watershed
district, and that to delay action would prejudice the interests
of the people of the watershed district or would be likely to
cause irreparable harm, the managers may declare the existence
of an emergency and designate the location, nature, and extent
of the emergency. [112.58]
Subd. 2. [PROJECT ORDER.] If an emergency has been
declared to the extent necessary to protect the interests of the
watershed district, the managers may order that work be done
under the direction of the managers and the engineer, without a
contract. [112.58]
Subd. 3. [ASSESSMENT.] The cost of work undertaken without
a contract may be assessed against benefited properties or, if
the cost is not more than 25 percent of the most recent
administrative ad valorem levy of the watershed district and the
work is found to be of common benefit to the watershed district,
funding may be raised by an ad valorem tax levy upon all taxable
property within the watershed district, or both. [112.58]
DRAINAGE SYSTEMS AND PROJECTS
Sec. 48. [103D.621] [DRAINAGE IMPROVEMENTS.]
Subdivision 1. [FINDINGS.] The legislature finds that
because of urban growth and development in the metropolitan area
problems arise for the improvement and repair of drainage
systems which were originally established for the benefit of
land used for agriculture. The procedure for improvement and
repair of drainage systems now in the metropolitan area should
be simplified to more adequately and economically improve and
repair drainage systems. [112.431 s. 1]
Subd. 2. [DEFINITIONS.] (a) The terms in this section have
the meanings given them in this subdivision.
(b) "Drainage system" has the meaning given in article 5,
section 1, subdivision 12.
(c) "Watershed district" means any watershed district
established under this chapter, wholly or partially in a
metropolitan county.
(d) "Metropolitan county" means any one of the following
counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
Washington.
(e) "Metropolitan area" means the combined area of the
metropolitan counties. [112.431 s. 2]
Subd. 3. [DRAINAGE IMPROVEMENTS.] With the concurrence of
the governing bodies of the cities and the town boards of the
towns where the drainage system is located, the managers of a
watershed district where there is a drainage system may improve
and repair any drainage system transferred to the watershed
district under section 49 by conforming to sections 429.031;
429.041, subdivisions 1 and 2; 429.051; 429.061; and 429.071.
[112.431 s. 3]
Subd. 4. [ALTERNATIVE POWER.] With the concurrence of the
governing bodies of the cities and the town boards of the towns
where the drainage system is located, the managers may improve
and repair a drainage system under the power granted to them in
this chapter. [112.431 s. 4]
Subd. 5. [APPEAL.] A person aggrieved by an order for
improvement or repair by the managers or by an assessment may
appeal as provided in sections 40 and 41. [112.431 s. 5]
Sec. 49. [103D.625] [DRAINAGE SYSTEMS WITHIN WATERSHED
DISTRICT.]
Subdivision 1. [WATERSHED DISTRICT ASSUMPTION OF DRAINAGE
SYSTEM.] (a) The managers shall take over a joint county or
county drainage system within the watershed district and the
right to repair and maintain the drainage system if directed by
a joint county drainage authority or a county board. The
transfer may be initiated by:
(1) the joint county drainage authority or county board;
(2) a petition from a person interested in the drainage
system; or
(3) the managers.
(b) The transfer may not be made until the joint county
drainage authority or county board has held a hearing on the
transfer. Notice of the proposed transfer with the time and
place of hearing must be given by two weeks' published notice in
a legal newspaper of general circulation in the area where the
transfer is to occur. All interested persons may appear and be
heard.
(c) After the hearing, the joint county drainage authority
or county board shall order the watershed district to take over
the joint county or county drainage system, unless it appears
that the takeover would not serve the purpose of this chapter
and would not be for the public welfare or be in the public
interest. [112.65 s. 1]
Subd. 2. [DRAINAGE SYSTEMS ARE WORKS OF WATERSHED
DISTRICT.] A joint county or county drainage system that is
taken over in whole or in part is part of the works of the
watershed district to the extent taken over. [112.43 s. 1]
Subd. 3. [PROCEDURE FOR REPAIR OR IMPROVEMENT.] After the
transfer is ordered, all proceedings for repair and maintenance
must conform to chapter 103E. [112.65 s. 1]
Subd. 4. [CONSTRUCTION OR IMPROVEMENT.] Construction of
new drainage systems or improvements of existing drainage
systems in the watershed district must be initiated by filing a
petition with the managers. The proceedings for the
construction or improvement of drainage systems in the watershed
district must conform to chapter 103E. [112.65 s. 2]
PROJECT REPAIRS AND IMPROVEMENTS
Sec. 50. [103D.631] [MAINTENANCE OF PROJECTS.]
Subdivision 1. [MAINTENANCE REQUIRED.] The managers are
responsible for maintaining the projects of the watershed
district in a condition so that they will accomplish the
purposes for which they were constructed. [112.64 s. 1]
Subd. 2. [MAINTENANCE FUND.] (a) The cost of normal or
routine maintenance of the projects of the watershed district,
and the cost of removing obstructions and accumulations of
foreign substances from a drainage system, shall be paid from
the maintenance fund on the order of the managers. [112.64 s.
1]
(b) The managers may assess all the parcels of property and
municipal corporations previously assessed for benefits in
proceedings for the construction of the project, to establish a
maintenance fund for the project. The assessment must be made
pro rata according to benefits determined. An assessment for
the benefit of the maintenance fund may not be made when the
fund exceeds 20 percent of the original cost of construction of
the project. The auditors of the affected counties shall file a
tabular lien statement covering the assessment in the office of
the county recorder for the county when the assessment order
from the managers is received.
(c) The assessment shall be collected as provided in the
order in the same manner as provided in article 5, section 97.
(d) Before ordering the levy of an assessment for the
benefit of the maintenance fund, the managers may give notice of
a hearing on making the assessment and establishing the
maintenance fund. [112.64 s. 2]
Sec. 51. [103D.635] [REPAIRS AND IMPROVEMENTS EXCEEDING
NORMAL MAINTENANCE.]
Subdivision 1. [TECHNICAL AND COST SPECIFICATIONS.] The
managers shall order the engineer to prepare and submit to the
managers technical and cost specifications on the work necessary
to restore or improve the project to the desired level of
operating efficiency before ordering repairs other than normal
and routine maintenance if the engineer certifies to the
managers, in the annual report or otherwise, that:
(1) a project of the watershed district is in such a state
of disrepair that the project cannot be restored by normal and
routine maintenance to the same condition as when it was
originally constructed or subsequently improved;
(2) a ditch or channel must be widened or deepened; or
(3) a project of the watershed district must be altered or
improved to attain the level of operating efficiency
contemplated at the time of the original construction. [112.64
s. 3]
Subd. 2. [HEARING.] The managers shall set a date for a
hearing on the report and give notice of the hearing in the same
manner as in the original proceeding on the construction of the
improvement after receiving the engineer's report. [112.64 s.
3]
Subd. 3. [ASSESSMENT.] (a) The managers may order the
repair or improvement and assess the cost against the benefited
properties if, after a hearing, the managers find that the
repair or improvement is in compliance with the plan, is
necessary to accomplish the purposes of this chapter, and that
the cost of the repair or improvement will not exceed its
benefits. The cost of the repair or improvement shall be
apportioned and assessed pro rata upon all property that was
assessed for the construction of the project.
(b) A single levy for the repair or improvement may not
exceed the amount of benefits originally determined. The
managers shall file a copy of the order for levy with the
auditor of each affected county. The auditor shall extend the
levy against affected properties as in proceedings for the levy,
assessment, and collection of assessments in drainage
proceedings conducted under article 5, sections 77 to 83.
[112.64 s. 3]
Sec. 52. [103D.641] [WORK WITHOUT BID.]
If the managers find that the estimated cost of repair,
including all fees and costs incurred for proceedings relating
to it, is less than $20,000, it may have the work done by
contract without advertising for bids. [112.64 s. 4]
GENERAL PROCEDURE TO ESTABLISH PROJECTS
Sec. 53. [103D.701] [PROJECT INITIATION.]
Projects may not be initiated until the board approves a
watershed management plan for the watershed district. The
projects of the watershed district that are to be paid for by
assessment of the benefited properties must be initiated:
(1) by a project petition filed with the managers;
(2) by unanimous resolution of the managers; or
(3) as otherwise prescribed by this chapter. [112.47;
112.48 s. 1]
Sec. 54. [103D.705] [PROJECT PETITION.]
Subdivision 1. [REQUIREMENTS.] A project within the
watershed district that generally conforms with the watershed
management plan may be initiated by a project petition. A
project petition must contain:
(1) a description of the proposed project and the purpose
to be accomplished;
(2) a description of the property where the proposed
project passes over or is located;
(3) a general description of the part of the watershed
district that will be affected, if less than the entire
watershed district;
(4) the necessity for the proposed project;
(5) a statement that the proposed project will be conducive
to public health, convenience, and welfare; and
(6) a statement that the petitioners will pay all costs and
expenses that may be incurred if the proceedings are dismissed
or a construction contract is not awarded for the proposed
project. [112.48 s. 1, 1a]
Subd. 2. [SIGNATURES.] (a) The project petition must be
signed by:
(1) at least 25 percent of the property owners or the
owners of more than 25 percent of the property within the limits
of the area proposed to be improved, unless the project consists
of the establishment of a new drainage system as defined in
article 5, section 1, subdivision 12, or the improvement of an
existing drainage system;
(2) if the project consists of the establishment of a new
drainage system as defined in article 5, section 1, subdivision
12, a majority of the owners of the property that the proposed
project passes over or is located on, or the owners of at least
60 percent of the area of the property that the proposed project
passes over or is located on;
(3) if the project consists of the improvement of an
existing drainage system as defined in article 5, section 29,
subdivision 2, at least 26 percent of the owners of the property
proposed to be improved by the project or that the proposed
project passes over, or the owners of at least 26 percent of the
area proposed to be improved by the project or that the proposed
project passes over;
(4) a county board of a county affected by the watershed
district; or
(5) the governing body of a city entirely or partly within
the area proposed to be improved.
(b) If a proposed project improves property entirely within
a city, a petition must originate from the governing body of the
city.
(c) For a signature on a project petition, holders of
easements for electric or telephone transmission or distribution
lines are not considered owners. [112.48 s. 1]
Subd. 3. [PETITIONERS' DEPOSIT OR BOND.] (a) When a
project petition is filed and before the managers take action on
the project petition, one or more of the petitioners must
deposit at least $2,000 with the managers. The deposit must be
conditioned to pay all costs and expenses incurred if the
project petitioned for is not constructed.
(b) Alternatively, with the approval of the managers, one
or more of the petitioners may make and file a bond payable to
the watershed district named in the petition. The bond must be
for at least $2,000 with adequate sureties, subject to the
approval of the managers of the watershed district where the
bond is filed. The bond must be conditioned to pay all costs
and expenses incurred if the proceedings are dismissed or a
contract is not entered into to construct the project petitioned
for.
(c) If, before a project is established, the petitioner's
deposit or bond is insufficient to protect the watershed
district from loss from the costs or expenses incurred or to be
incurred, the watershed district must require an additional
deposit or bond. Further proceedings must be stopped until an
adequate deposit or bond is furnished. If the additional
deposit or bond is not furnished within a time set by the
managers, the proceedings may be dismissed.
(d) In proceedings to establish a project, the expenses
incurred before the project is established may not exceed the
deposit or the bond furnished by the petitioners. A claim in
excess of the amount of the petitioners' deposit or bond may not
be audited or paid by the watershed district unless the
petitioners file an additional deposit or bond within a time and
in an amount directed by the managers.
(e) If a project petition is signed by a county board or
governing body of a city, a bond is not required. [112.48 s. 2]
Subd. 4. [PETITIONERS MAY DISMISS PETITION.] The
petitioners may dismiss the petition upon payment of costs and
expenses. [112.49 s. 4]
Sec. 55. [103D.711] [ENGINEER'S REPORT.]
Subdivision 1. [DETERMINATION.] If the managers determine
that a proper project petition has been filed, the proposed
project promotes the public interest and welfare, is practicable
and conforms with the watershed management plan of the watershed
district, the managers must:
(1) identify the project proceeding by name and number; and
(2) designate an engineer to make surveys, maps, and a
report on the proposed project. [112.49 s. 1]
Subd. 2. [REQUIREMENTS.] (a) The engineer's report must
include findings and recommendations about the proposed
project. If the engineer finds the improvement feasible, the
engineer must provide a plan of the proposed project as part of
the report. The plan must include:
(1) a map of the area to be improved, drawn to scale,
showing the location of the proposed improvements;
(2) the estimated total cost of completing the project
including construction, supervision, and administrative costs;
(3) the acreage required as right-of-way listed by each lot
and 40-acre tract or fraction of the lot or tract under separate
ownership; and
(4) other details and information to inform the managers of
the practicability and necessity of the proposed project with
the engineer's recommendations on these matters.
(b) The map of the area must include:
(1) the location and adequacy of the outlet;
(2) the watershed of the project area;
(3) the location of existing highways, bridges, and
culverts;
(4) the property, highways, and utilities affected by the
project with the names of the known property owners;
(5) the location of public land and water affected by the
project; and
(6) other physical characteristics of the watershed
necessary to understand the area. [112.49 s. 1]
Subd. 3. [STATE AND FEDERAL PROJECTS MAY BE INCLUDED.] The
engineer may adopt, approve, and include as a part of the
engineer's report a project of the state or federal government
that is pertinent to the project and may accept data, plats,
plans, details, or information pertaining to the state or
federal project given to the engineer by the state or federal
agency. The engineer shall omit the items required in
subdivision 2 from the engineer's report if the data given by
the state or federal government is sufficient to meet the
requirements of subdivision 2. [112.49 s. 2]
Subd. 4. [HEARING AFTER UNFAVORABLE ENGINEER'S
REPORT.] (a) If the engineer's report is unfavorable, the
managers shall, by order, within 35 days set a time and place
within the watershed district for a hearing for the petitioners
to demonstrate why the managers should not refer the petition
back to the petitioners for further proceedings or dismiss the
petition.
(b) The hearing notice must state:
(1) that the engineer's report is unfavorable;
(2) that the engineer's report is on file with the managers
and may be reviewed; and
(3) the time and place for the hearing.
(c) The managers shall mail a copy of the notice to each of
the petitioners at least 14 days before the hearing. [112.49 s.
3]
Subd. 5. [ADVISORY REPORTS.] (a) When the engineer's
report is filed with the managers, the managers shall send a
complete copy to the director and to the board.
(b) The director and the board shall examine the engineer's
report and by 30 days after receiving the report, the director
shall make a director's advisory report and the board shall make
a board's advisory report which must include:
(1) a statement on whether the engineer's report is
incomplete and not in accordance with this chapter;
(2) a statement of whether the engineer's report is
approved as being a practical plan;
(3) if the project as planned does not meet approval,
recommendations for changes considered advisable must be stated
or an opinion that the proposed project or improvement is not
practical; and
(4) a recommendation as to whether a soil survey appears
advisable.
(c) The director's advisory report and the board's advisory
report shall be directed to and filed with the managers.
(d) The director's advisory report and the board's advisory
report shall be considered advisory only. [112.49 s. 6]
Subd. 6. [ADVISORY REPORTS MUST BE FILED BEFORE NOTICE.] A
notice may not be issued for the final hearing until the board's
advisory report and the director's advisory report are filed or
the time for filing the reports with the managers has expired.
[112.49 s. 6]
Subd. 7. [FORM.] The findings, recommendations, and
content of the engineering report shall conform as nearly as
practicable to the requirements of this section. [112.49 s. 7]
Subd. 8. [SOIL SURVEY.] If a soil survey is recommended to
be made in the director's advisory report or the board's
advisory report, the engineer shall make the soil survey and a
soil survey report. The soil survey report must be submitted to
the managers before the final hearing. [112.49 s. 6]
Sec. 56. [103D.715] [APPRAISERS.]
Subdivision 1. [APPOINTMENT.] After the engineer's report
is filed, the managers shall, with the least possible delay,
appoint three disinterested resident owners of the state as
appraisers. [112.50 s. 1]
Subd. 2. [OATH.] An appraiser must subscribe to an oath to
faithfully and impartially perform the appraiser's duties.
[112.50 s. 1]
Subd. 3. [DUTIES.] The appraisers shall with or without
the engineer determine the benefits and damages to property
affected by the proposed project, including property owned by
the state or a state agency, highways, and other property likely
to be affected by the proposed project or that may be used or
taken for construction or maintenance. [112.50 s. 1]
Subd. 4. [BENEFITS AND DAMAGES TO STATE LAND.] Benefits
and damages to property owned by the state or a state agency,
held and used for the purposes described in article 5, sections
5 and 51, subdivision 1, must be determined as provided in
article 5, sections 5 and 51, subdivision 1, as they are
applicable. [112.50 s. 1]
Subd. 5. [COMPENSATION.] An appraiser may be paid on a per
diem basis for each day the appraiser is necessarily engaged in
the performance of duties and for actual and necessary
expenses. The compensation shall be set by the managers, paid
by the watershed district, and included in the cost of the
project. [112.50 s. 1]
Sec. 57. [103D.721] [DETERMINATION OF BENEFITS AND DAMAGES
BY MANAGERS.]
Subdivision 1. [AUTHORITY.] The managers may, in their
discretion, use the procedure in this section to determine
benefits and damages. [112.50 s. 1]
Subd. 2. [DETERMINATION.] After the engineer's report is
filed, the managers, with the assistance of the engineer, shall
determine the benefits or damages to the property affected by
the proposed project, including property owned by the state or a
state agency, highways, and other property likely to be affected
by the proposed improvement or that may be used or taken for
construction or maintenance. [112.50 s. 1]
Subd. 3. [STATE PROPERTY.] Benefits and damages to
property owned by the state or a state agency that is held and
used for the purposes described in article 5, sections 5 and 51,
subdivision 1, shall be determined as provided in article 5,
sections 5 and 51, subdivision 1, as they are applicable.
[112.50 s. 1]
Subd. 4. [WATER MANAGEMENT ASSESSMENT PORTION.] The
managers must determine the amount to be paid and generally
assessed by the watershed district for the basic water
management portion of the improvement projects. [112.50 s. 1]
Sec. 58. [103D.725] [BENEFITED PROPERTY, DETERMINATION.]
Subdivision 1. [APPRAISERS' STANDARDS.] If the proposed
project includes the construction or improvement of a ditch,
stream, river, or watercourse, or structures for the control or
alleviation of damages from flood waters, the appraisers shall
be governed by article 5, sections 50 to 52. [112.501 s. 1]
Subd. 2. [DETERMINATION OF BENEFITS.] In proceedings under
this chapter, assessments for benefits shall be made based on
the benefits to the property because of the project affecting
the property. Benefited property must include:
(1) all property, including property owned by the state or
a political subdivision receiving direct benefits, including
assessments for drainage, recreation, commercial navigation,
disposal of sewage or waste material, bank stabilization, flood
control, land reclamation, prevention of siltation, control of
erosion, and maintenance of lake levels;
(2) all property that is contributing water or is furnished
an improved drainage outlet and all property that contributes
waters that are stored, handled, or controlled by the proposed
project;
(3) all property that is not receiving but needs drainage
and that is furnishing waters handled or controlled by the
proposed project;
(4) benefits to the state by reason of the improvement of
lakes, streams, or other bodies of water as a place for
propagation, protection, and preservation of fish and other
forms of wildlife, that are assessable against the state to the
extent and in the manner provided in section 84A.55, subdivision
9, and within the available appropriation;
(5) benefits to municipal corporations that occur to the
property in the municipality generally and that may be in
addition to special benefits to specific property within the
municipality; and
(6) benefits that will result to property used for railway
or other utility purposes. [112.501 s. 2]
Sec. 59. [103D.731] [APPRAISERS' REPORT, EXAMINATION.]
(a) The appraisers shall prepare an appraisers' report of
the benefits and damages determined and file the report with the
managers.
(b) After the appraisers' report is filed, the managers
shall examine the report and determine whether:
(1) the report was made in conformity with the requirements
of this chapter; and
(2) the total benefits are greater than the total estimated
costs and damages.
(c) If the managers determine the appraisers' report is
inadequate in any manner, the managers may return the report to
the appraisers for further study and report. [112.51]
Sec. 60. [103D.735] [HEARING ON PETITION AND REPORTS.]
(a) The managers shall order a final hearing by 35 days
after:
(1) the engineer's report is filed;
(2) the appraisers' report is filed; and
(3) the director's advisory report and the board's advisory
report are filed or the time for that filing has expired.
(b) The order for a final hearing must set a time and place
within the watershed district for a hearing upon the petition or
resolution and reports. [112.52]
Sec. 61. [103D.741] [HEARING NOTICE.]
Subdivision 1. [PUBLISHED FINAL HEARING NOTICE.] The
managers shall give notice by publication of the final hearing.
The final hearing notice must contain:
(1) a statement of the pendency of the petition or
resolution;
(2) the time and place for hearing;
(3) a statement that the engineer's report and appraisers'
report, including the plans, have been filed with the managers
and are subject to inspection;
(4) a brief description of the proposed project;
(5) a description of the properties benefited or damaged,
the names of the owners of the properties, the public and other
corporations affected by the project as shown by the engineer's
report and appraisers' report or may include a map of the
affected area in lieu of the names of the owners and of the
descriptions of the properties affected by the project; and
(6) a statement requiring all parties interested in the
proposed project to appear before the managers at the time and
place designated in the final hearing notice to present
objections, and to show why an order should not be made by the
managers granting the petition, confirming the reports of the
engineer and appraisers, and ordering the establishment and
construction of the project. [112.53 s. 1]
Subd. 2. [MAILED FINAL HEARING NOTICE.] (a) The managers
shall give the final hearing notice by mail, within one week
after the beginning of publication, to the director and to each
person, corporation, and public body that owns property
benefited or damaged by the proposed project as shown by the
engineer's and appraisers' report.
(b) The mailed final hearing notice must contain:
(1) a brief description of the proposed project;
(2) a statement that the engineer's report and appraisers'
report are on file with the managers and available for public
inspection;
(3) the time and place of hearing; and
(4) a statement that the addressee's name appears as an
affected party. [112.53 s. 2]
Subd. 3. [NOTICE OF PROPERTY ACQUISITION BY WATERSHED
DISTRICT.] (a) If the watershed district must acquire the
ownership of real property, the managers must record a notice of
pendency of the watershed district's proceeding to acquire
property in the office of county recorder of the county where
the property is located before the appraisers' report is filed.
The pendency notice must state the purpose for which the
property is to be acquired.
(b) By 20 days before the final hearing, the final hearing
notice, in addition to being given in the manner required in
subdivisions 1 and 2, must be served on the owners of the
property to be acquired, in the same manner as a summons in a
civil action. In addition to the other requirements of the
final hearing notice, the notice to property owners must:
(1) describe the property to be acquired;
(2) state by whom and for what purpose it is to be taken;
(3) give the names of all persons appearing of record or
known to the managers to be the owners;
(4) state that benefits and damages have been determined;
and
(5) state that the final hearing will be held by the
managers at the time and place specified in the notice. [112.53
s. 3]
Subd. 4. [FINAL HEARING NOTICE IN MORE THAN ONE
COUNTY.] If a project affects the property in more than one
county, separate final hearing notices must be prepared and
published in each county affected showing only the general
description of the proposed project and the names and
descriptions of the property affected in the county or, instead
of the names and descriptions, a map of the area affected in the
county. [112.53 s. 4]
Sec. 62. [103D.745] [FINAL HEARING.]
Subdivision 1. [HEARING.] (a) At the time and place
specified in the final hearing notice, the managers must hear
all parties interested for and against the establishment of the
proposed project and confirm the engineer's report and the
appraisers' report.
(b) Questions about the proposed project including
jurisdiction, sufficiency of the petition or resolution,
practicability, and necessity shall be determined by evidence
presented at the hearing. Findings made by the managers before
the final hearing are not conclusive but are subject to further
investigation, consideration, and determination at the final
hearing. [112.54]
Subd. 2. [MODIFICATION OF REPORTS.] (a) The managers may
order and direct the modification of:
(1) the engineer's report within the scope of the watershed
management plan for the watershed district;
(2) the assessment of benefits and damages; and
(3) amendment or change of the list of property reported as
assessable for construction and maintenance.
(b) If the amended engineer's report and appraisers' report
includes property not included in the original reports, the
managers shall adjourn the hearing and have an amended notice
published and mailed with the proper reference to all property
as amended by the managers. [112.54]
Subd. 3. [ESTABLISHMENT OF PROJECT.] (a) The managers
shall make findings, order and direct construction of the
project, and confirm the engineer's report and the findings of
the appraisers and the appraisers' report if, at the end of the
final hearing, the managers find that the project will:
(1) be conducive to public health;
(2) promote the general welfare;
(3) be in compliance with this chapter; and
(4) result in benefits that will be greater than the cost
of the construction and damages.
(b) The order may authorize the construction of the project
as a whole or authorize different parts of the project to be
constructed separately.
(c) The managers shall order the engineer to proceed with
making the necessary surveys and preparing plans and
specifications that are needed to construct the project and
report the results of the surveys and plans to the managers.
[112.54]
Subd. 4. [RECESS UNTIL AWARDING CONTRACT.] The final
hearing shall be recessed until the engineer's report and the
bids are received. The hearing may be recessed to allow
compliance with section 63 if it becomes applicable. [112.54]
CONSTRUCTION OF PROJECTS
Sec. 63. [103D.801] [PROCEDURE WHEN CONTRACT IS NOT LET.]
If all of the bids received are for a price more than 30
percent greater than the engineer's estimate in the engineer's
report, or for a price in excess of the benefits less damages
and other costs, the managers shall follow the procedure
described in article 5, section 65. [112.541]
Sec. 64. [103D.805] [FILING ORDER OF MANAGERS ESTABLISHING
PROJECT.]
An order of the managers establishing the project and
authorizing construction must immediately be filed with the
secretary of the watershed district, and a certified copy of the
order must be filed with the auditor of each county affected,
the board, the commissioner, the director, the pollution control
agency, and the commissioner of health. [112.55]
Sec. 65. [103D.811] [BIDS FOR CONSTRUCTION.]
Subdivision 1. [CALL FOR BIDS.] After an establishment
order has been made by the managers directing the establishment
of a project, the managers shall call for bids for the
construction of the work and give notice by publication
specifying the time and place when the bids will be opened for
awarding a contract for the construction of the project. The
contract may be awarded in sections or as a whole, as directed
by the managers. [112.57]
Subd. 2. [BID NOTICE.] A bid notice shall be published in
at least one of the newspapers in the state where notices are
usually published. [112.57]
Subd. 3. [AWARDING OF CONTRACT.] (a) At a time and place
specified in the bid notice, the managers may accept or reject
any or all bids and may award the contract to the lowest
responsible bidder. The bidder to whom the contract is to be
awarded must give a bond, with ample security, conditioned by
satisfactory completion of the contract.
(b) Bids must not be considered which in the aggregate
exceed by more than 30 percent the total estimated cost of
construction.
(c) The contract must be in writing and be accompanied by
or refer to the plans and specifications for the work to be done
as prepared by the engineer for the watershed district. The
plans and specifications shall become a part of the contract.
(d) The contract shall be approved by the managers and
signed by the president, secretary, and contractor. [112.57]
Sec. 66. [103D.815] [CONTROL OF CONTRACTS.]
Subdivision 1. [MANAGERS' CONTROL OF CONTRACTS.] The
managers have full control of contracts of the watershed
district and matters pertaining to the contracts. [112.50]
Subd. 2. [EXTENSION OF CONTRACTS.] If a contractor fails
to complete a project within the time or in the manner specified
in the contract, the managers may:
(1) extend the time for completion;
(2) refuse an extension of time;
(3) cancel the contract, readvertise, and award a new
contract;
(4) require surety for the contractor to complete the
project;
(5) proceed to have the contract otherwise completed at the
expense of the contractor and the surety; or
(6) take other action with reference to the contract in the
interest of the watershed district. [112.59]
Subd. 3. [ENGINEER'S AUTHORITY OVER
CONTRACTOR.] Applicable provisions of chapter 103E govern the
relations between the engineer and the contractor, including the
examination and report of the engineer and the amount and time
of payment. [112.59]
Subd. 4. [EXPENSE RECORD.] (a) The managers shall keep an
accurate account of all expenses incurred, including:
(1) the compensation of the engineer and the engineer's
assistants;
(2) the compensation and expenses of the appraisers as
provided in section 56, subdivision 5;
(3) the compensation of the petitioners' attorney;
(4) the cost of petitioners' bond;
(5) the fees of all county officials necessitated by the
project, which are in addition to all fees otherwise allowed by
law; and
(6) the time and expenses of all employees of the watershed
district, including the expenses of the managers, while engaged
in an authorized project.
(b) Fees and expenses shall be audited, allowed, and paid
upon the order of the managers and shall be charged to and be
treated as a part of the cost of the project. [112.59]
Sec. 67. [103D.821] [DAMAGE TO HIGHWAY OR BRIDGE BY
PASSAGE OF EQUIPMENT.]
Subdivision 1. [NOTICE.] If it is necessary to pass a
dredge or other equipment through a bridge or grade of a highway
or railroad owned by a corporation, county, town, or
municipality, the managers shall give notice to the owner of the
bridge or grade by 20 days before the removal so the bridge or
grade may be removed temporarily to allow the passage of the
equipment, or an agreement may be immediately entered into to
allow the passage. [112.66]
Subd. 2. [COST PAID BY WATERSHED DISTRICT.] The owner of
the bridge or grade shall keep an itemized account of the cost
of removal and if necessary, of replacing of the bridge or
grade. The actual cost must be paid by the watershed district.
[112.66]
Subd. 3. [MANAGERS MAY REMOVE BRIDGE OR GRADE.] If the
owner of the bridge or grade refuses to provide for the passage
of the equipment, the managers may remove the bridge or grade at
the expense of the watershed district, interrupting traffic in
the least degree consistent with good work and without delay or
unnecessary damage. [112.66]
Subd. 4. [OWNERS LIABLE FOR DELAY.] If the managers are
prevented from moving the equipment, the owner of the bridge or
grade is liable for the damages resulting from the delay.
[112.66]
FUNDING OF WATERSHED DISTRICT AND PROJECTS
Sec. 68. [103D.901] [ASSESSMENTS, LEVIES.]
Subdivision 1. [ASSESSMENT.] (a) After the managers file
an approved assessment statement listing the property and
corporations benefited or damaged or otherwise affected by a
project with the auditor of an affected county, the auditor
shall assess the amount specified in the assessment statement
against the property, municipalities, or other corporations as
specified in the pertinent provisions of chapter 103E. [112.60
s. 1]
(b) For a watershed district entirely within the
metropolitan area, the auditor must mail an assessment notice to
property owners and corporations benefited and damaged before
the assessment is made under paragraph (a). The assessment
notice must include:
(1) the amount to be specially assessed against the
property;
(2) the right of the property owner to prepay the entire
assessment and to whom prepayment must be made;
(3) whether partial prepayment of the assessment is
authorized;
(4) the time within which prepayment may be made without
interest being charged; and
(5) the rate of interest to be charged if the assessment is
not prepaid within the required time period. [112.60 s. 1a]
Subd. 2. [COUNTY FUNDING.] After the assessment statement
is filed with the auditor, the county board of each affected
county shall provide funds to meet its proportionate share of
the total cost of the project, as shown by the engineer's report
and order of the managers. The county may issue bonds of the
county in the manner provided by article 5, section 84. If an
improvement is to be constructed under section 46, the
provisions of article 5, section 84, requiring the county board
to award a contract for construction before issuing bonds is not
applicable to bonds issued to provide the funds required to be
furnished by this section. [112.60 s. 2]
Subd. 3. [LEVY AND COLLECTION.] (a) The respective county
auditors and county treasurers shall levy and collect the amount
shown in the tabular statement and lien as provided in article
5, sections 77 to 83. [112.60 s. 3]
(b) For a watershed district entirely within the
metropolitan area, the auditor must mail an assessment notice to
the owners of affected property as provided in subdivision 1,
paragraph (b), before the assessment is levied. The assessment
may be prepaid as provided in paragraphs (c) and (d). [112.64
s. 3a]
(c) For a watershed district entirely within the
metropolitan area, a property owner or corporation may prepay
the entire assessment at any time before the first installment
of the assessment is entered on the tax lists for the year with
the interest that has accrued to the date of payment, except
that interest may not be charged on an assessment that is
prepaid within 30 days after the assessment notice is mailed.
[112.60 s. 5]
(d) After the first installment of an assessment is entered
on the tax list, a property owner or corporation may prepay the
entire assessment remaining due before November 15 with interest
accrued to December 31 of the year in which the prepayment is
made. [112.60 s. 5]
(e) The money received by the treasurer of a county from
the sale of bonds, assessments, or otherwise, for the benefit of
the watershed district shall be accounted for by the auditor and
paid to the treasurer of the watershed district. [112.60 s. 3]
Subd. 4. [ASSESSMENT MAY NOT EXCEED BENEFITS.] (a) An
assessment may not be levied against property or corporations
benefited under this chapter in excess of the amount of benefits
received as set by the order of the managers authorizing the
construction of the project or subsequently determined on
appeal. [112.60 s. 4]
(b) If the damages for a project financed by special
assessment are awarded and confirmed, the managers must
determine that the project's benefits exceed the total costs,
including damages awarded.
(c) The managers shall amend the project's statement filed
with the county auditor to reflect the amount of damages
awarded. [112.87]
Subd. 5. [DAMAGES PAID BEFORE ENTERING PROPERTY.] Before
entering property for which damages were awarded to begin
construction of the project, the managers shall pay the amount
of damages awarded less any assessment against the property from
the funds provided by the county board under subdivision 3. If
the amount of damages is appealed, damages may not be paid until
the final determination of the appeal. [112.87]
Sec. 69. [103D.905] [FUNDS OF WATERSHED DISTRICT.]
Subdivision 1. [GENERALLY.] The money of a watershed
district consists of the funds established in this section.
[112.61 s. 1]
Subd. 2. [ORGANIZATIONAL EXPENSE FUND.] (a) An
organizational expense fund, consisting of an ad valorem tax
levy, shall not exceed 0.01596 percent of taxable market value,
or $60,000, whichever is less. The money in the fund shall be
used for organizational expenses and preparation of the
watershed management plan for projects.
(b) The managers may borrow from the affected counties up
to 75 percent of the anticipated funds to be collected from the
organizational expense fund levy and the counties affected may
make the advancements.
(c) The advancement of anticipated funds shall be
apportioned among affected counties in the same ratio as the net
tax capacity of the area of the counties within the watershed
district bears to the net tax capacity of the entire watershed
district. If a watershed district is enlarged, an
organizational expense fund may be levied against the area added
to the watershed district in the same manner as provided in this
subdivision.
(d) Unexpended funds collected for the organizational
expense may be transferred to the administrative fund and used
for the purposes of the administrative fund. [112.61 s. 2]
Subd. 3. [ADMINISTRATIVE FUND.] An administrative fund,
consisting of an ad valorem tax levy, may not exceed 0.02418
percent of taxable market value, or $125,000, whichever is
less. The money in the fund shall be used for general
administrative expenses and for the construction and maintenance
of projects of common benefit to the watershed district. The
managers may make an annual levy for the administrative fund as
provided in section 70. In addition to the annual
administrative levy, the managers may annually levy a tax not to
exceed 0.00798 percent of taxable market value for a period not
to exceed 15 consecutive years to pay the cost attributable to
the basic water management features of projects initiated by
petition of a municipality of the watershed district. [112.61
s. 3]
Subd. 4. [BOND FUND.] A bond fund consists of the proceeds
of bonds issued by the watershed district secured by the
property of the watershed district that is producing or is
likely to produce a regular income. The bond fund is to be used
for the payment of the purchase price of the property or the
value of the property as determined by the court in proper
proceedings, and for the improvement and development of the
property. [112.61 s. 4]
Subd. 5. [CONSTRUCTION FUND.] (a) A construction fund
consists of:
(1) the proceeds of the sale of county bonds;
(2) construction loans from any agency of the federal
government; and
(3) special assessments to be levied to supply funds for
the construction of the projects of the watershed district,
including reservoirs, ditches, dikes, canals, channels, and
other works, and the expenses incident to and connected with the
construction.
(b) Construction loans from an agency of the federal
government may be repaid from money collected by special
assessments on properties benefited by the project. [112.61 s.
5]
Subd. 6. [PRELIMINARY FUND.] A preliminary fund consists
of funds authorized to be provided. The preliminary fund is to
be used for preliminary work on proposed works of the watershed
district. [112.61 s. 6]
Subd. 7. [REPAIR AND MAINTENANCE FUNDS.] Repair and
maintenance funds are established under section 50, subdivision
2. [112.61 s. 7]
Subd. 8. [SURVEY AND DATA ACQUISITION FUND.] (a) A survey
and data acquisition fund is established and used only if other
funds are not available to the watershed district to pay for
making necessary surveys and acquiring data.
(b) The survey and data acquisition fund consists of the
proceeds of a property tax that can be levied only once every
five years. The levy may not exceed 0.02418 percent of taxable
market value.
(c) The balance of the survey and data acquisition fund may
not exceed $50,000.
(d) In a subsequent proceeding for a project where a survey
has been made, the attributable cost of the survey as determined
by the managers shall be included as a part of the cost of the
work and the sum shall be repaid to the survey and data
acquisition fund. [112.61 s. 8]
Sec. 70. [103D.911] [BUDGET.]
Subdivision 1. [HEARING.] (a) Before adopting a budget,
the managers shall hold a public hearing on the proposed budget.
(b) The managers shall publish a notice of the hearing with
a summary of the proposed budget in one or more newspapers of
general circulation in each county consisting of part of the
watershed district. The notice and summary shall be published
once each week for two successive weeks before the hearing. The
last publication shall be at least two days before the hearing.
[112.611 s. 1]
Subd. 2. [ADOPTION.] On or before October 1 of each year,
the managers shall adopt a budget for the next year and decide
on the total amount necessary to be raised from ad valorem tax
levies to meet the watershed district's budget. [112.611 s. 1]
Sec. 71. [103D.915] [TAX LEVY.]
Subdivision 1. [CERTIFICATION TO AUDITOR.] After adoption
of the budget and no later than October 1, the secretary of the
watershed district shall certify to the auditor of each county
within the watershed district the county's share of the tax,
which shall be an amount bearing the same proportion to the
total levy as the net tax capacity of the area of the county
within the watershed bears to the net tax capacity of the entire
watershed district. The maximum amount of a levy may not exceed
the amount provided in section 69. [112.611 s. 1]
Subd. 2. [LEVY.] The auditor of each county in the
watershed district shall add the amount of a levy made by the
managers to the other tax levies on the property of the county
within the watershed district for collection by the county
treasurer with other taxes. The county treasurer shall make
settlement of the taxes collected with the treasurer of the
watershed district in the same manner as other taxes are
distributed to the other political subdivisions. The levy
authorized by this section is in addition to other county taxes
authorized by law. [112.611 s. 2]
Sec. 72. [103D.921] [DISTRICT COURT TO CREATE PRELIMINARY
FUND.]
Subdivision 1. [PETITION.] (a) If a petition has been
filed with the managers for the construction of a project within
the watershed district, the managers may file a petition with
the district court in the county where the watershed district
has its principal place of business asking that a preliminary
expense fund be created for the watershed district.
(b) The managers may subsequently amend or supplement the
petition if necessary. At least ten days' notice of a petition
or amended or supplementary petition must be given to the
auditor of each county affected by the proposed project.
(c) The preliminary fund must be of a size that is
proportionate to the needs of the watershed district for
preliminary work on the proposed project. [112.62 s. 1]
Subd. 2. [COURT ORDER OF AMOUNT.] The district court after
the hearing may designate the amount of the fund and set the
proportionate amount that each county affected by the
improvement shall pay, in proportion to the area in the county
affected by the proposed project. The court shall order the
auditor of each county to draw a warrant on the treasurer of the
county for the payment of the amount specified in the order,
payable to the treasurer of the watershed district. The sum
advanced by the county shall be charged to the watershed
district, and must be repaid with interest as soon as the
watershed district has funds for that purpose. [112.62 s. 2]
Subd. 3. [USE OF FUND.] The preliminary fund must be used
by the managers for preliminary work. If the managers incur
expenses for surveys or other preliminary work on a proposed
project, all expenses connected with the work shall be included
in the cost of construction of the proposed project. If
construction of the project is authorized by the managers, the
money advanced from the preliminary fund shall be repaid from
assessments for the project. [112.62 s. 2]
Subd. 4. [APPROPRIATIONS FROM GOVERNMENTAL BODIES.] The
state, state agencies, and political subdivisions may
appropriate money necessary to pay their proportionate share of
the preliminary expenses, determined by the managers according
to the benefits that will probably accrue from the proposed
project. [112.62 s. 4]
Subd. 5. [PRELIMINARY FUND.] The district court may order
a preliminary fund for all works of the watershed district
instituted under section 53. [112.62 s. 5]
Sec. 73. [103D.925] [WARRANTS.]
The managers may issue warrants of the watershed district
to pay contracts for the construction of projects, ordinary
general expenses, and expenses incurred in making repairs that
have been approved by the managers, only if there are sufficient
funds available for payment in the watershed district treasury.
[112.63]
ARTICLE 5
CHAPTER 103E
DRAINAGE OF WATERS
Section 1. [103E.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [106A.005 s. 1]
Subd. 2. [AFFECTED.] "Affected" means benefited or damaged
by a drainage system or project. [106A.005 s. 2]
Subd. 3. [AUDITOR.] "Auditor" means the auditor of the
county where the petition for a drainage project was properly
filed. [106A.005 s. 3]
Subd. 4. [BOARD.] "Board" means the board of commissioners
of the county where the drainage system or project is located.
[106A.005 s. 4]
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [106A.005 s. 5]
Subd. 6. [DIRECTOR.] "Director" means the director of the
division of waters in the department of natural resources.
[106A.005 s. 6]
Subd. 7. [DISMISSAL OF PROCEEDINGS.] "Dismissal of
proceedings" means that the petition and proceedings related to
the petition are dismissed. [106A.005 s. 7]
Subd. 8. [DITCH.] "Ditch" means an open channel to conduct
the flow of water. [106A.005 s. 8]
Subd. 9. [DRAINAGE AUTHORITY.] "Drainage authority" means
the board or joint county drainage authority having jurisdiction
over a drainage system or project. [106A.005 s. 9]
Subd. 10. [DRAINAGE LIEN.] "Drainage lien" means a lien
recorded on property for the costs of drainage proceedings and
construction and interest on the lien, as provided under this
chapter. [106A.005 s. 10]
Subd. 11. [DRAINAGE PROJECT.] "Drainage project" means a
new drainage system, an improvement of a drainage system, an
improvement of an outlet, or a lateral. [106A.005 s. 10a]
Subd. 12. [DRAINAGE SYSTEM.] "Drainage system" means a
system of ditch or tile, or both, to drain property, including
laterals, improvements, and improvements of outlets, established
and constructed by a drainage authority. "Drainage system"
includes the improvement of a natural waterway used in the
construction of a drainage system and any part of a flood
control plan proposed by the United States or its agencies in
the drainage system. [106A.005 s. 11]
Subd. 13. [ENGINEER.] "Engineer" means the engineer for a
drainage project appointed by the drainage authority under
section 36, subdivision 1. [106A.005 s. 12]
Subd. 14. [ESTABLISHED.] "Established" means the drainage
authority has made the order to construct the drainage project.
[106A.005 s. 13]
Subd. 15. [LATERAL.] "Lateral" means any drainage
construction by branch or extension, or a system of branches and
extensions, or a drain that connects or provides an outlet to
property with an established drainage system. [106A.005 s. 14]
Subd. 16. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city or a town having urban powers under
section 368.01, subdivision 1 or 1a. [106A.005 s. 16]
Subd. 17. [NOTICE BY MAIL.] "Notice by mail" means a
notice mailed and addressed to each person entitled to receive
the notice, if the address is known to the auditor or can be
determined by the county treasurer of the county where the
affected property is located. [106A.005 s. 16]
Subd. 18. [OWNER.] "Owner" means an owner of property or a
buyer of property under a contract for deed. [106A.005 s. 16a]
Subd. 19. [PASSES OVER.] "Passes over" means in reference
to property that has a drainage project or system, the 40-acre
tracts or government lots or property that is bordered by,
touched by, or underneath the path of the proposed drainage
project. [106A.005 s. 16b]
Subd. 20. [PERSON.] "Person" means an individual, firm,
partnership, association, or private corporation. [106A.005 s.
17]
Subd. 21. [POLITICAL SUBDIVISIONS.] "Political
subdivisions" means statutory and home rule charter cities,
counties, towns, school districts, and other political
subdivisions. [106A.005 s. 18]
Subd. 22. [PROCEEDING.] "Proceeding" means a procedure
under this chapter for or related to drainage that begins with
filing a petition and ends by dismissal or establishment of a
drainage project. [106A.005 s. 19]
Subd. 23. [PROPERTY.] "Property" means real property.
[106A.005 s. 20]
Subd. 24. [PUBLICATION.] "Publication" means a notice
published at least once a week for three successive weeks in a
legal newspaper in general circulation in each county affected
by the notice. [106A.005 s. 21]
Subd. 25. [PUBLIC HEALTH.] "Public health" includes an act
or thing that tends to improve the general sanitary condition of
the community by drainage, relieving low wetland or stagnant and
unhealthful conditions, or preventing the overflow of any
property that produces or tends to produce unhealthful
conditions. [106A.005 s. 25]
Subd. 26. [PUBLIC WATERS.] "Public waters" has the meaning
given in article 7, section 2, subdivision 15. [106A.005 s. 23]
Subd. 27. [PUBLIC WELFARE OR PUBLIC BENEFIT.] "Public
welfare" or "public benefit" includes an act or thing that tends
to improve or benefit the general public, either as a whole or
as to any particular community or part, including works
contemplated by this chapter, that drain or protect roads from
overflow, protect property from overflow, or reclaim and render
property suitable for cultivation that is normally wet and
needing drainage or subject to overflow. [106A.005 s. 24]
Subd. 28. [ROAD.] "Road" means any road used by the public
for transportation purposes. [106A.005 s. 26]
GENERAL PROVISIONS
Sec. 2. [103E.011] [DRAINAGE AUTHORITY POWERS.]
Subdivision 1. [GENERALLY.] The drainage authority may
make orders to:
(1) construct and maintain drainage systems;
(2) deepen, widen, straighten, or change the channel or bed
of a natural waterway that is part of the drainage system or is
located at the outlet of a drainage system;
(3) extend a drainage system into or through a municipality
for a suitable outlet; and
(4) construct necessary dikes, dams, and control structures
and power appliances, pumps, and pumping machinery as provided
by law.
Subd. 2. [DRAINAGE OF WATERBASINS AND WATERCOURSES.] A
drainage authority may not drain a water body or begin work or
activity regulated by the public waters work permit requirement
under article 7, section 22, in a watercourse until the
commissioner determines that the water body or watercourse is
not public waters. If a water body or watercourse is determined
to be public waters, the drainage proceedings are subject to
article 7, section 16, relating to replacing public waters and
the water bank program.
Subd. 3. [PERMISSION OF COMMISSIONER FOR WORK IN PUBLIC
WATERS; APPLICATION.] (a) The drainage authority must receive
permission from the commissioner to:
(1) remove, construct, or alter a dam affecting public
waters;
(2) establish, raise, or lower the level of public waters;
or
(3) drain any portion of a public water.
(b) The petitioners for a proposed drainage project or the
drainage authority may apply to the commissioner for permission
to do work in public waters or for the determination of public
waters status of a water body or watercourse.
Subd. 4. [FLOOD CONTROL.] The drainage authority may
construct necessary dams, structures, and improvements and
maintain them to impound and release flood water to prevent
damage. The dams, structures, and improvements may be
constructed with or without a drainage project. For a water
body or watercourse that is not public waters the drainage
authority may:
(1) lower or establish the level of water in the water body
or watercourse to control flood waters;
(2) build structures and improvements to maintain a water
body or watercourse for flood control or other public purposes;
and
(3) construct dikes or dams in a water body to maintain
water at the level designated by the drainage authority and to
drain part of the water body. [106A.011]
Sec. 3. [103E.015] [CONSIDERATIONS BEFORE DRAINAGE WORK IS
DONE.]
Subdivision 1. [ENVIRONMENTAL AND LAND USE CRITERIA.]
Before establishing a drainage project the drainage authority
must consider:
(1) private and public benefits and costs of the proposed
drainage project;
(2) the present and anticipated agricultural land acreage
availability and use in the drainage project or system;
(3) the present and anticipated land use within the
drainage project or system;
(4) flooding characteristics of property in the drainage
project or system and downstream for 5-, 10-, 25-, and 50-year
flood events;
(5) the waters to be drained and alternative measures to
conserve, allocate, and use the waters including storage and
retention of drainage waters;
(6) the effect on water quality of constructing the
proposed drainage project;
(7) fish and wildlife resources affected by the proposed
drainage project;
(8) shallow groundwater availability, distribution, and use
in the drainage project or system; and
(9) the overall environmental impact of all the above
criteria.
Subd. 2. [DETERMINING PUBLIC UTILITY, BENEFIT, OR
WELFARE.] In any proceeding to establish a drainage project, or
in the construction of or other work affecting a public drainage
system under any law, the drainage authority or other authority
having jurisdiction over the proceeding must give proper
consideration to conservation of soil, water, forests, wild
animals, and related natural resources, and to other public
interests affected, together with other material matters as
provided by law in determining whether the project will be of
public utility, benefit, or welfare. [106A.015]
Sec. 4. [103E.021] [DITCHES MUST BE PLANTED WITH PERMANENT
GRASS.]
Subdivision 1. [SPOIL BANKS MUST BE SPREAD AND GRASS
PLANTED.] In any proceeding to establish, construct, improve, or
do any work affecting a public drainage system under any law
that appoints viewers to assess benefits and damages, the
authority having jurisdiction over the proceeding shall order
spoil banks to be spread consistent with the plan and function
of the drainage system. The authority shall order that
permanent grass, other than a noxious weed, be planted on the
banks and on a strip 16-1/2 feet in width or to the crown of the
leveled spoil bank, whichever is the greater, on each side of
the top edge of the channel of the ditch. The acreage and
additional property required for the planting must be acquired
by the authority having jurisdiction.
Subd. 2. [RESEEDING AND HARVESTING GRASS.] The authority
having jurisdiction over the repair and maintenance of the
drainage system shall supervise all necessary reseeding. The
permanent grass must be maintained in the same manner as other
drainage system repairs. Harvest of the grass from the grass
strip in a manner not harmful to the grass or the drainage
system is the privilege of the fee owner or assigns. The county
drainage inspector shall establish rules for the fee owner and
assigns to harvest the grass.
Subd. 3. [AGRICULTURAL PRACTICES PROHIBITED.] Agricultural
practices, other than those required for the maintenance of a
permanent growth of grass, are not permitted on any portion of
the property acquired for planting.
Subd. 4. [COMPLIANCE WORK BY DRAINAGE AUTHORITY.] If a
property owner does not bring an area into compliance with this
section as provided in the compliance notice, the inspection
committee or drainage inspector must notify the drainage
authority. If a property owner does not bring an area into
compliance after being notified under section 91, subdivision 2,
the drainage authority must issue an order to have the work
performed to bring the property into compliance. After the work
is completed, the drainage authority must send a statement of
the expenses incurred to bring the property into compliance to
the auditor of the county where the property is located and to
the property owner.
Subd. 5. [COLLECTION OF COMPLIANCE EXPENSES.] (a) The
amount of the expenses to bring an area into compliance with
this section is a lien in favor of the drainage authority
against the property where the expenses were incurred. The
auditor must certify the expenses and enter the amount in the
same manner as other drainage liens on the tax list for the
following year. The amount must be collected in the same manner
as real estate taxes for the property. The provisions of law
relating to the collection of real estate taxes shall be used to
enforce payment of amounts due under this section. The auditor
must include a notice of collection of compliance expenses with
the tax statement.
(b) The amounts collected under this subdivision must be
deposited in the drainage system account. [106A.021]
Sec. 5. [103E.025] [PROCEDURE FOR DRAINAGE PROJECT THAT
AFFECTS STATE LAND OR WATER AREA USED FOR CONSERVATION.]
Subdivision 1. [AREAS SUBJECT TO THIS SECTION.] If a land
or water area owned by the state and held or used to protect or
propagate wild animals, provide hunting or fishing for the
public, or for any other purpose relating to the conservation,
development, or use of soil, water, forests, wild animals, or
related natural resources will be affected by any public project
or proceeding for drainage under any law, all procedures
relating to the project or proceeding are subject to this
section, if applicable.
Subd. 2. [CONDITIONS TO TAKE OR DAMAGE STATE LAND AND
WATER AREAS.] (a) Any part of the state land or water area may
be taken or damaged for a public project after payment of just
compensation as provided by law and under the provisions of this
subdivision.
(b) The authority having jurisdiction of the drainage
project or proceeding shall first find and determine that there
is public necessity for the taking or damage that is greater
than the public interest in the purposes for which the affected
land and water areas are held or used by the state.
(c) In determining the compensation to be paid for the
taking or damage, the authority must give proper consideration
to the value of the land and water area for the purposes it is
held or used by the state and other material elements of value.
(d) Public waters may not be taken, damaged, or impaired
except as otherwise expressly authorized by law, and a provision
of any other law for the protection or conservation of public
waters may not be abridged or superseded by this subdivision.
Subd. 3. [CONSIDERATIONS IN DETERMINING BENEFITS.] In
determining benefits to the state land or water area in any
proceeding to levy assessments or offset benefits against
damages, proper consideration must be given to the value of the
area for the purpose it is held or used by the state, with other
material elements of value.
Subd. 4. [AMOUNTS PAID TO STATE.] Any amounts paid to the
state for taking or damaging the state land or water area in a
proceeding must be credited to the proper account for
acquisition, development, or maintenance of the areas, and the
amount is appropriated to the commissioner for those purposes to
remain available until expended.
Subd. 5. [MONEY TO PAY ASSESSMENTS.] Assessments for
benefits made against the state land or water area in a
proceeding must be paid out of money appropriated and available
to pay assessments as provided by law. [106A.025]
Sec. 6. [103E.031] [CONNECTION WITH DRAINS IN ADJOINING
STATES.]
Subdivision 1. [PROCEDURE.] If it is necessary to
construct a drainage project at or near the boundary between
this state and another state or country and the work cannot be
done in a proper manner without extending the drainage project
into the adjoining state or country, the drainage authority may
join with the board or tribunal of the adjoining state or
country having jurisdiction to plan and construct public
drainage systems. The drainage authority in this state may
enter into contracts or arrangements with the board or tribunal
of the adjoining state or country to construct the drainage
project. The proceeding and construction related to property in
this state and, as applicable, the drainage authority in
relation to the joint drainage work, are governed by this
chapter.
Subd. 2. [PAYMENT OF COSTS.] The adjoining county or
district in another state or country must pay its proper share
of the necessary costs of the construction of any drainage work
including damages. If the benefits to property in the adjoining
state or country are not sufficient to pay all the costs of
construction of the drainage project in that state or country,
including damages, the drainage authority may authorize or
direct the affected counties to contribute sufficient funds to
complete the construction of the drainage project in the
adjoining state or country, if the construction will be of
sufficient benefit to the affected property in this state to
warrant the contribution. [106A.031]
Sec. 7. [103E.035] [DEFECTIVE NOTICE.]
If notice is required under this chapter and proper notice
has been given to some parties but the notice is defective or
not given to other parties, the drainage authority has
jurisdiction of all parties that received proper notice. The
proceedings may be continued by order of the drainage authority
for the time necessary to publish, post, or mail a new notice.
The new notice needs only be given to those not properly
notified by the first notice. [106A.035]
Sec. 8. [103E.041] [PERSONAL SERVICE IN LIEU OF OTHER
METHODS OF NOTICE.]
If notice is to be given under this chapter, personal
service at least ten days before the date of hearing may be
given in lieu of the manner provided. The notice must be served
in the manner provided for the service of summons in a civil
action in district court. [106A.041]
Sec. 9. [103E.043] [INFORMAL MEETINGS.]
A drainage authority may hold informal meetings in addition
to the meetings and hearings required in this chapter to inform
persons affected by the drainage system about the drainage
proceedings and provide a forum for informal discussions.
[106A.043]
Sec. 10. [103E.045] [FAILURE OF DRAINAGE AUTHORITY TO
ATTEND HEARINGS.]
If an order has been made and notice for a hearing given
under this chapter, and the drainage authority does not appear
at the time and place specified for any reason, the auditor
shall continue the hearing to a date set by the auditor. The
auditor shall notify the drainage authority of the continuance
and the date of hearing. The jurisdiction is continued until
the date set by the auditor. [106A.045]
Sec. 11. [103E.051] [DEFECTIVE PROCEEDINGS.]
(a) A party may not take advantage of an error in a
drainage proceeding or an informality, error, or defect
appearing in the record of the proceeding or construction,
unless the party complaining is directly affected. The
modification of the benefits or damages to any property, or the
enjoining of collection of any assessment, does not affect any
other property or the collection of any assessment on other
property.
(b) If a drainage project has been established and a
contract awarded in good faith, without collusion, and at a
reasonable price:
(1) a defect or lack of notice in awarding, making, or
executing the contract does not affect the enforcement of an
assessment; and
(2) if the contract is performed in good faith in whole or
in part, a defect does not invalidate the contract. [106A.051]
Sec. 12. [103E.055] [REIMBURSEMENT OF COST OF FORMER
SURVEYS WHEN USED LATER.]
If after a proceeding has begun a survey has been made and
a proceeding to establish a drainage project has been dismissed
or the drainage project has not been established, and if all or
a part of the former survey is used by the engineer for a
drainage proceeding in the same area, the amount saved in the
subsequent proceedings must be paid to the proper parties
according to this section. If the parties who paid the expense
of the former survey make a petition, the drainage authority
shall:
(1) determine the amount of benefit that was derived by the
subsequent proceedings from the former survey;
(2) order the amount of the benefit to be paid to the
proper parties; and
(3) charge the amount paid as a cost of the subsequent
drainage proceeding. [106A.055]
Sec. 13. [103E.061] [RIGHT OF ENTRY.]
In proceedings under this chapter, the engineer, the
engineer's assistants, the viewers, and the viewers' assistants
may enter any property to make a survey, locate a drain, examine
the property, or estimate the benefits and damages. [106A.061]
Sec. 14. [103E.065] [DRAINAGE INSPECTORS.]
In counties where constructed drainage systems have an
aggregate cost of more than $50,000, the board shall appoint a
competent person as county drainage inspector. The inspector
may be the county highway engineer. The inspector shall examine
the drainage systems designated by the board. The board shall
specify the appointment period and compensation. [106A.065]
Sec. 15. [103E.071] [COUNTY ATTORNEY.]
The county attorney shall represent the county in all
drainage proceedings and related matters without special
compensation. A county attorney, the county attorney's
assistant, or any attorney associated with the county attorney
in business, may not otherwise appear in any drainage proceeding
for any interested person. [106A.071]
Sec. 16. [103E.075] [OBSTRUCTION OF DRAINAGE SYSTEM.]
Subdivision 1. [NOTIFICATION TO RESPONSIBLE PARTY.] If the
board determines that a drainage system has been obstructed,
including by the installation of bridges or culverts of
insufficient hydraulic capacity, the board shall notify the
person or public authority responsible for the obstruction as
soon as possible and direct the responsible party to remove the
obstruction or show the board why the obstruction should not be
removed. The board must set a time and location in the notice
for the responsible person to appear before the board.
Subd. 2. [OBSTRUCTION ON PRIVATE PROPERTY.] If the
obstruction is on private property, the owner is responsible for
the obstruction unless the owner proves otherwise. The owner
must be notified by certified mail at least ten days before the
hearing.
Subd. 3. [OBSTRUCTION HEARING.] The board shall hear all
interested parties and if the board determines that the drainage
system has been obstructed by a person or public authority, the
board shall order the obstruction removed by the responsible
party within a reasonable time set in the order. If the
obstruction is not removed by the prescribed time, the board
shall have the obstruction removed and the auditor shall make a
statement of the removal cost. The statement must be filed in
the county recorder's office as a lien on the property where the
obstruction is located or against the responsible party. The
lien must be enforced and collected as liens for drainage
repairs under this chapter, except that a lien may not be filed
against private property if the board determines that the owner
of the property is not responsible for the obstruction. The
lien may be enforced against the responsible party by civil
action. [106A.075]
Sec. 17. [103E.081] [CRIMES RELATED TO DRAINAGE SYSTEMS;
PENALTIES.]
Subdivision 1. [UNAUTHORIZED DRAIN OUTLETTING INTO
DRAINAGE SYSTEM.] A person may not cause or construct a drain
that outlets into a lawfully constructed drainage system except
as provided in this chapter.
Subd. 2. [OBSTRUCTION OR DAMAGE OF A DRAINAGE SYSTEM.] A
person may not willfully obstruct or damage a drainage project
or system.
Subd. 3. [ALTERING ENGINEER'S MARKING OF STAKES.] A person
may not willfully change the location or alter markings of
stakes set by the engineer in a drainage project or system.
Subd. 4. [PENALTY.] Violation of this section is a
misdemeanor. [106A.081]
Sec. 18. [103E.085] [ENFORCEMENT.]
Subdivision 1. [WARRANTS AND ARRESTS.] An enforcement
officer, as defined in section 97A.015, subdivision 18, may
execute and serve warrants, and arrest persons detected in
actual violation of sections 1 to 103 as provided in sections
97A.205 and 97A.211.
Subd. 2. [PROSECUTION.] The county attorney shall
prosecute all criminal actions arising under this chapter.
[106A.085]
Sec. 19. [103E.091] [APPEALS.]
Subdivision 1. [GROUNDS FOR APPEAL.] A party may appeal to
the district court from a recorded order of a drainage authority
made in a drainage proceeding that determines:
(1) the amount of benefits;
(2) the amount of damages;
(3) fees or expenses allowed; or
(4) whether the environmental and land use requirements and
criteria of section 3, subdivision 1, are met.
Subd. 2. [PROCEDURE FOR APPEALS RELATED TO BENEFITS AND
DAMAGES.] (a) A person who appeals the amount of benefits or
damages may include benefits and damages affecting property not
owned by the appellant. Notice of the appeal must be served to
the auditor and to the owner or occupant of property included in
the appeal or to the attorney representing the property owner in
the proceedings.
(b) The appellant must file a notice of appeal with the
auditor within 30 days after the order to be appealed is filed.
The notice must state the particular benefits or damages
appealed and the basis for the appeal. Within 30 days after the
notice is filed, the auditor must file the original notice with
the court administrator of the district court.
Subd. 3. [PROCEDURE FOR APPEAL RELATED TO ALLOWANCE OF
FEES OR EXPENSES.] An appeal related to the allowance of fees or
expenses may be to the district court of any county where the
affected property is located. The appeal must be made within 30
days after the order allowing or disallowing the claim and is
governed as applicable by the provisions of subdivision 4.
Subd. 4. [APPEAL TRIAL.] (a) The issues in the appeal are
entitled to a trial by a jury in the district court of the
county where the drainage proceeding was pending.
(b) At the request of the appellant, the trial must be held
at the district court of the county where the affected property
is located. The court administrator of the district court where
the appeal is first filed shall make, certify, and file with the
court administrator of the district court of the county where
the trial is transferred, a transcript of the papers and
documents on file in the court administrator's office in the
proceedings related to the matters of the appeal. After the
final determination of the appeal, the court administrator of
the district court that tried the appeal shall certify and
return the verdict to the district court of the county where the
drainage proceedings were filed.
(c) The appeal shall take precedence over all other civil
court matters. If there is more than one appeal to be tried in
one county, the court may, on its own motion or the motion of an
interested party, consolidate two or more appeals and try them
together, but the rights of the appellants must be determined
separately. If the appellant does not prevail, the cost of the
trial must be paid by the appellant.
(d) The court administrator of the district court where the
appeal is filed shall file a certified copy of the final
determination of the appeal with the auditor of the affected
counties.
Subd. 5. [EFFECT OF DETERMINATION.] For all appeals, the
amount awarded by the jury as a determination of the issue
appealed shall replace the amount that was appealed. [106A.091]
Sec. 20. [103E.095] [APPEAL FROM ORDERS DISMISSING OR
ESTABLISHING DRAINAGE SYSTEMS.]
Subdivision 1. [NOTICE OF APPEAL.] A party may appeal an
order made by the board that dismisses drainage proceedings or
establishes or refuses to establish a drainage project to the
district court of the county where the drainage proceedings are
pending. The appellant must serve notice of the appeal to the
auditor within 30 days after the order is filed. After notice
of the appeal is served, the appeal may be brought to trial by
the appellant or the drainage authority after notifying the
other party at least ten days before the trial date.
Subd. 2. [TRIAL.] The appeal must be tried by the court
without a jury. The court shall examine the entire drainage
proceeding and related matters and receive evidence to determine
whether the findings made by the board can be sustained. At the
trial the findings made by the board are prima facie evidence of
the matters stated in the findings, and the board's order is
prima facie reasonable. If the court finds that the order
appealed is lawful and reasonable, it shall be affirmed. If the
court finds that the order appealed is arbitrary, unlawful, or
not supported by the evidence, it shall make an order, justified
by the court record, to take the place of the appealed order, or
remand the order to the board for further proceedings. After
the appeal has been determined by the court, the board shall
proceed in conformity with the court order.
Subd. 3. [DETERMINATION OF BENEFITS AND DAMAGES AFTER
COURT ORDER.] If the order establishing a drainage project is
appealed, the trial of appeals related to benefits or damages in
the drainage proceeding must be stayed until the establishment
appeal is determined. If the order establishing the drainage
project is affirmed, appeals related to benefits and damages
must then be tried.
Subd. 4. [PROCEDURE IF APPEAL ORDER ESTABLISHES DRAINAGE
PROJECT.] If an order refusing to establish a drainage project
is appealed, and the court, by order, establishes the drainage
project, the auditor shall give notice by publication of the
filed order. The notice is sufficient if it refers to the
drainage project or system by number or other descriptive
designation, states the meaning of the order, and states the
date the court order was filed. A person may appeal the
establishment order to the district court as provided in this
section.
Subd. 5. [APPEAL OF APPELLATE ORDER.] A party aggrieved by
a final order or judgment rendered on appeal to the district
court may appeal as in other civil cases. The appeal must be
made and perfected within 30 days after the filing of the order
or entry of judgment. [106A.095]
Sec. 21. [103E.097] [PAYMENT OF ATTORNEY FEES ON APPEAL.]
If the commissioner of natural resources is a party making
an appeal under section 19 or 20 and the commissioner does not
prevail on the issues appealed, the court may award attorney
fees to the party prevailing on the appeal. If more than one
issue is appealed and the commissioner prevails on some issues
and does not prevail on others, the court shall determine the
amount of the attorney fee to be awarded. [106A.097]
Sec. 22. [103E.101] [DRAINAGE PROCEEDING AND CONSTRUCTION
RECORDS.]
Subdivision 1. [DOCUMENTS ARE PUBLIC RECORDS.] All maps,
plats, charts, drawings, plans, specifications, and other
documents that have been filed, received in evidence, or used in
connection with a drainage proceeding or construction are
subject to the provisions on public records in section 15.17.
Subd. 2. [RECORD REQUIREMENTS.] All maps, plats, profiles,
plans, and specifications prepared and used in relation to a
proceeding must:
(1) be uniform;
(2) have each sheet bound and marked to identify the
proceeding by the drainage project and system number;
(3) show the name of the person preparing the sheet;
(4) show the date the sheet was prepared; and
(5) conform to rules and standards prescribed by the
director of the division of waters.
Subd. 3. [INDEX OF PROCEEDINGS AND RECORDS.] The auditor
shall keep all orders, exhibits, maps, charts, profiles, plats,
plans, specifications, and records of the proceedings. These
records may not be removed except when the board makes a written
order to remove them. The auditor shall keep an accurate index
of the proceedings and related documents in a bound book.
Subd. 4. [ENGINEER'S DOCUMENTS.] All original plats,
profiles, records, and field books made by the engineer during
the proceedings or the construction of a drainage project are
public records and the property of the drainage authority.
These public records must be filed with the auditor under the
direction of the drainage authority when construction is
completed or when the engineer stops acting for the drainage
project, whichever is earlier.
Subd. 5. [FILING AND STORAGE FACILITIES.] County boards
shall provide the auditor with necessary filing and storage
facilities to protect the files and records of all proceedings.
The county boards may provide for the copying and filing of the
documents and records of proceedings by photographic devices as
provided for public records under section 15.17. In the event
of loss of the originals, the photographic copies are originals
after authentication by the auditor.
Subd. 6. [RECORDS ARE PRIMA FACIE EVIDENCE.] The record of
proceedings under this chapter and of orders made by the
drainage authority or the district court in the proceedings, or
a certified copy of a record or order, is prima facie evidence
of the facts stated in the record or order and of the regularity
of all proceedings prior to the making of the order. [106A.101]
Sec. 23. [103E.105] [ADVICE ABOUT DRAINAGE QUESTIONS.]
The director shall provide advice to a drainage authority
or engineer, upon request, about engineering questions or
problems in connection with a drainage project or drainage
system. [105.40 s. 3]
Sec. 24. [103E.111] [FIELD SURVEYS AND INVESTIGATIONS BY
DIRECTOR.]
Subdivision 1. [AUTHORIZATION.] If a field survey or
investigation of a drainage project or drainage system is
determined to be necessary by the director or is requested in
writing by the drainage authority, the director may conduct the
survey or investigation. [105.40 s. 4]
Subd. 2. [COSTS IF REQUESTED BY DRAINAGE AUTHORITY.] If
the field survey or investigation is made at the request of a
drainage authority, the cost must be reported to the drainage
authority and paid by the drainage authority as a drainage
project or drainage system expense. [105.40 s. 4]
Sec. 25. [103E.115] [HYDROLOGICAL AND DRAINAGE
INFORMATION.]
(a) The director may prepare and publish: (1) runoff data;
(2) information about the capacity of drain tile and ditches; (3)
specifications for drain tile, ditches, and ditch construction;
and (4) standard procedural forms for public ditch proceedings.
(b) The director may furnish the information to engineers
and drainage authorities for their advice and information.
[105.40 s. 2, 5]
Sec. 26. [103E.121] [DRAIN TILE MANUFACTURING STUDIES.]
Subdivision 1. [DRAIN TILE INVESTIGATIONS.] The director
may:
(1) investigate the methods used in the manufacture of
drain tile;
(2) determine the causes of drain tile failure; and
(3) conduct research and experimentation to improve the
quality of drain tile. [105.40 s. 6]
Subd. 2. [MANUFACTURING INVESTIGATIONS AND TESTS.] The
director may make inspections and tests of manufacturing
processes and materials used and the resultant product of a
manufacturing plant in the state where drain tile is made and
sold to drainage authorities or the general public. The
director, or an authorized agent of the director, must have free
access to manufacturing plants of drain tile sold in this state
for inspections and tests. [105.40 s. 6]
Subd. 3. [DISTRIBUTION OF INFORMATION.] The results of
inspections and tests must be made public for drainage
authorities, engineers, tile manufacturers, and others
interested in the use of drain tile. [105.40 s. 6]
PETITIONS FOR DRAINAGE PROJECTS
Sec. 27. [103E.202] [PETITIONS.]
Subdivision 1. [APPLICABILITY.] This section applies to a
petition for a drainage project and a petition for repair.
Subd. 2. [SIGNATURES ON PETITION.] (a) A petition must be
signed by a requisite number of owners of 40-acre tracts or
government lots and property that the drainage project described
in the petition passes over, or by the property owners of the
required percentage of the property area determined by the total
and percentage of area of 40-acre tracts or government lots that
the proposed drainage project passes over, excluding areas in
and holders of easements for utilities and roads. A petition
may be signed by the commissioner of transportation or by a
political subdivision if the property is in their jurisdiction
and is passed over by the proposed drainage project.
(b) Each separate parcel of property counts as one
signature but the petition must be signed by all owners of the
parcel to count as a signature. The signature of each entity
regardless of the number of parcels of property owned counts as
one signature on the petition.
(c) Paragraph (a) does not apply to a petition for an
improvement of an outlet.
Subd. 3. [WITHDRAWAL OF A PETITIONER.] After a petition
has been filed, a petitioner may not withdraw from the petition
except with the written consent of all other petitioners on the
filed petition.
Subd. 4. [FILING PETITION AND BOND.] A petition for a
drainage project and a bond must be filed with the auditor. If
a drainage system is within two or more counties, the petition
must be filed with the auditor of the county with the greatest
area of property that the proposed drainage project passes over.
Subd. 5. [PETITIONERS' BOND.] One or more petitioners must
file a bond with the petition for at least $10,000 that is
payable to the county where the petition is filed, or for a
petition for a proposed joint county drainage system or a
petition for a drainage project affecting a joint county
drainage system, the bond must be payable to all of the counties
named in the petition. The bond must have adequate surety and
be approved by the county attorney where the petition is filed.
The bond must be conditioned to pay the costs incurred if the
proceedings are dismissed or a contract is not awarded to
construct the drainage system proposed in the petition.
Subd. 6. [EXPENSES NOT TO EXCEED BOND.] The costs incurred
before the proposed drainage project is established may not
exceed the amount of the petitioners' bond. A claim for
expenses greater than the amount of the bond may not be paid
unless an additional bond is filed. If the drainage authority
determines that the cost of the proceeding will be greater than
the petitioners' bond before the proposed drainage project is
established, the drainage authority must require an additional
bond to cover all costs to be filed within a prescribed time.
The proceeding must be stopped until the additional bond
prescribed by the drainage authority is filed. If the
additional bond is not filed within the time prescribed, the
proceeding must be dismissed. [106A.202]
Sec. 28. [103E.212] [NEW DRAINAGE SYSTEM PROJECTS.]
Subdivision 1. [PROCEDURE.] To establish a new drainage
system under this chapter, the petitioners and drainage
authority must proceed according to this section and the
provisions applicable to establishment of drainage projects.
Subd. 2. [SIGNATURES ON PETITION.] The petition for a new
drainage system must be signed by a majority of the owners of
the property that the proposed drainage system described in the
petition passes over, or by the property owners of at least 60
percent of the area that the proposed new drainage system passes
over.
Subd. 3. [PETITION REQUIREMENTS.] The petition must:
(1) describe the 40-acre tracts or government lots and
property where the proposed new drainage system passes over,
including names and addresses of the property owners from
records in the county assessor's office;
(2) describe the starting point, the general course, and
the terminus of the proposed drainage system;
(3) state why the proposed drainage system is necessary;
(4) state that the proposed drainage system will benefit
and be useful to the public and will promote public health; and
(5) state that the petitioners will pay all costs of the
proceedings if the proceedings are dismissed or the contract for
the construction of the proposed drainage system is not awarded.
[106A.212]
Sec. 29. [103E.215] [IMPROVEMENT OF DRAINAGE SYSTEM.]
Subdivision 1. [PROCEDURE.] The procedure in this section
must be used to improve an established and constructed drainage
system.
Subd. 2. [DEFINITION.] In this section "improvement" means
the tiling, enlarging, extending, straightening, or deepening of
an established and constructed drainage system including
construction of ditches to reline or replace tile and
construction of tile to replace a ditch.
Subd. 3. [LIMIT OF EXTENSION.] An improvement may only
extend a drainage system downstream to a more adequate outlet
and the extension may not exceed one mile.
Subd. 4. [PETITION.] (a) A petition must be signed by:
(1) at least 26 percent of the owners of the property
affected by the proposed improvement;
(2) at least 26 percent of the owners of property that the
proposed improvement passes over;
(3) the owners of at least 26 percent of the property area
affected by the proposed improvement; or
(4) the owners of at least 26 percent of the property area
that the proposed improvement passes over.
(b) The petition must be filed with the auditor or, for a
drainage system in more than one county, with the auditor of the
county having the largest area of property the improvement would
be located on.
(c) The petition must:
(1) designate the drainage system proposed to be improved
by number or another description that identifies the drainage
system;
(2) state that the drainage system has insufficient
capacity or needs enlarging or extending to furnish sufficient
capacity or a better outlet;
(3) describe the starting point, general course, and
terminus of any extension;
(4) describe the improvement, including the names and
addresses of owners of the 40-acre tracts or government lots and
property that the improvement passes over;
(5) state that the proposed improvement will be of public
utility and promote the public health; and
(6) contain an agreement by the petitioners that they will
pay all costs and expenses that may be incurred if the
improvement proceedings are dismissed.
Subd. 5. [SUBSEQUENT PROCEEDINGS.] When a petition and the
bond required by section 27 are filed, the auditor shall present
the petition to the board at its next meeting or, for a joint
county drainage system, to the joint county drainage authority
within ten days after the petition is filed. The drainage
authority shall appoint an engineer to examine the drainage
system and make an improvement report. The improvement
proceedings must be conducted under this chapter as provided for
the original proceedings for the establishment of a drainage
project. The benefits and damages determined must be as a
result of the proposed improvement. Assessments for the repair
of the improvement must be based on the benefits determined for
the improvement.
Subd. 6. [PETITION FOR SEPARABLE PART OF THE DRAINAGE
SYSTEM NEEDING REPAIR.] (a) If the existing drainage system
needs repair and the petition for the improvement is for a
separable part only of the existing drainage system, the
engineer may include in the detailed survey report a statement
showing the proportionate estimated cost of the proposed
improvement required to repair the separable part of the
existing system and the estimated proportionate cost of the
added work required for the improvement. The notice of hearing
on the detailed survey report must be given by publication and
mailing to all persons owning property affected by the existing
drainage system. The hearing may be held at the same time and
location as the establishment hearing for the improvement.
(b) At the hearing, if the drainage authority determines
that only a separable portion of the existing drainage system
will be improved and that the portion needs repair, the drainage
authority shall determine and assess, by order, the
proportionate cost of the improvement that would be required to
repair the separable portion of the drainage system to be
improved. The order must direct that:
(1) the repair portion is allocated as repairs and assessed
against all property benefited by the entire drainage system, as
provided by section 97; and
(2) the balance of the cost of the improvement is assessed
in addition to the repair assessment against the property
benefited by the improvement. [106A.215]
Sec. 30. [103E.221] [IMPROVEMENT OF OUTLETS.]
Subdivision 1. [CONDITIONS FOR IMPROVEMENT OF OUTLETS.] If
a public or private proposed drainage project or existing
drainage system has waters draining into an existing drainage
system, watercourse, or body of water, and the construction or
proposed construction of the drainage project causes an overflow
of the existing drainage system, watercourse, or body of water
on adjoining property, an affected county or the owners of the
overflowed property may start outlet improvement proceedings
under this section.
Subd. 2. [PETITION.] (a) A petition must be signed by the
board of an affected county, by at least 26 percent of the
owners of adjoining overflowed property, or by the owners of at
least 26 percent of the area of the overflowed property. The
petition must:
(1) describe the property that has been or is likely to be
overflowed including the names and addresses of the property
owners from records in the county assessor's office;
(2) state in general terms by number or otherwise the
drainage systems that have caused or are likely to cause the
overflow;
(3) describe the location of the overflowed drainage
system, watercourse, or body of water and the outlet;
(4) show the necessity of the improvement by enlarging the
system or controlling the waters by off-take ditches, additional
outlets, or otherwise;
(5) show that the outlet improvement will protect the
adjoining property from overflow;
(6) state that the improvement will be of public benefit
and utility and improve the public health; and
(7) state that the petitioners will pay all costs incurred
if the proceedings are dismissed or a contract for construction
of the outlet improvement is not awarded.
(b) The petitioners, except for a petition made by the
board, shall give the required bond.
Subd. 3. [FILING OF PETITION.] The petition shall be filed
with the county auditor. If the board makes the petition, it
must be addressed to the drainage authority and filed with the
auditor. If part of the improvement or the overflowed property
is located in more than one county, the petition must be filed
with the auditor of the county with the greatest affected area.
Subd. 4. [JURISDICTION OF DRAINAGE AUTHORITY.] After the
petition is filed, the board or joint county drainage authority
where the petition is filed has jurisdiction of the petition,
the improvement, the affected property, and all proceedings for
the establishment and construction of the outlet improvement and
the assessment of property benefited by the outlet improvement,
as provided for establishment and construction of a drainage
project under this chapter.
Subd. 5. [PRELIMINARY SURVEY REPORT REQUIREMENTS.] In the
preliminary survey report, the engineer shall show the existing
or proposed drainage projects or systems that cause the
overflow, the property drained or to be drained by the drainage
project, and the names of affected property owners.
Subd. 6. [BENEFITED PROPERTY TO BE DETERMINED BY VIEWERS.]
If, after the preliminary survey report hearing, a detailed
survey is ordered and viewers are appointed, the viewers shall
determine and report the benefits to all property from the
outlet improvement including property drained or to be drained
by the existing drainage system and proposed drainage project.
[106A.221]
Sec. 31. [103E.225] [LATERALS.]
Subdivision 1. [PETITION.] (a) Persons that own property
in the vicinity of an existing drainage system may petition for
a lateral that connects their property with the drainage
system. The petition must be signed by at least 26 percent of
the owners of the property or by the owners of at least 26
percent of the area of the property that the lateral passes
over. The petition must be filed with the auditor, or for
property in more than one county, the petition must be filed
with the auditor of the county with the largest property area to
be passed over by the lateral. The petition must:
(1) describe in general terms the starting point, general
course, and terminus of the proposed lateral;
(2) describe the property traversed by the lateral
including the names and addresses of the property owners from
records in the county assessor's office;
(3) state the necessity to construct the lateral;
(4) state that, if constructed, the lateral will be of
public benefit and utility and promote the public health;
(5) request that the lateral be constructed and connected
with the drainage system; and
(6) provide that the petitioners will pay all costs
incurred if the proceedings are dismissed or if a contract for
the construction of the lateral is not awarded.
(b) The petitioners shall give the bond required by section
27, subdivision 5.
Subd. 2. [ESTABLISHMENT PROCEDURE.] After the petition is
filed, the procedure to establish and construct the lateral is
the same as that provided in this chapter to establish a
drainage project.
Subd. 3. [AUTHORITY NECESSARY FOR PROPERTY NOT ASSESSED.]
A lateral may not be constructed to drain property that is not
assessed benefits for the existing drainage system until express
authority for the use of the existing drainage system as an
outlet for the lateral has been obtained under section 60.
[106A.225]
Sec. 32. [103E.227] [IMPOUNDING AND DIVERSION OF DRAINAGE
SYSTEM WATERS.]
Subdivision 1. [PETITION.] (a) To conserve and make more
adequate use of our water resources, a person, public or
municipal corporation, governmental subdivision, the state or a
department or agency of the state, the commissioner of natural
resources, and the United States or any of its agencies, may
petition for the installation of dams or other control works in
drainage ditch systems to impound or divert waters for
beneficial use. The petition must be directed to the drainage
authority where the drainage system is located.
(b) The petition must contain the location of the
installation, plans, and specifications for the proposed
structure and a map of the areas likely to be affected by the
impoundment or diversion.
(c) The petitioner shall agree to be responsible for the
cost of installation and construction of the structure. [105.81]
(d) The petition must also be accompanied by a public
waters work permit or a water use permit from the commissioner
of natural resources if required under chapter 103G. [105.81]
Subd. 2. [BOND.] (a) Upon filing the petition, the
petitioners shall file a bond as provided in section 27.
(b) A bond is not required if the petition is filed by the
state, a state agency or department, the commissioner of natural
resources, the United States or any of its agencies, or a
municipality. [105.81]
Subd. 3. [PROCEDURE TO ESTABLISH PROJECT.] (a) After
receiving the petition, bond, and permit, if required, the
drainage authority must appoint an engineer to investigate the
effect of the proposed installation and file a report of
findings.
(b) After filing of the engineer's report, notice must be
given and a public hearing held as provided in section 40.
(c) If from the hearing it appears from the engineer's
report and other evidence presented that the installation will
be of a public or private benefit and that it will not impair
the utility of the ditch or deprive affected land owners of its
benefit, the drainage authority shall make an order modifying
the drainage system and issue a permit authorizing its
installation. [105.81]
Subd. 4. [FLOWAGE EASEMENTS REQUIRED.] Before installing
or constructing an impoundment or diversion, the petitioner
shall obtain rights-of-way and flowage easements from owners of
land to be affected by it. [105.81]
Subd. 5. [ASSESSMENT OF MAINTENANCE AND REPAIR COSTS.] The
order of the drainage authority modifying the drainage system
must provide that construction and later maintenance and repairs
of the drainage system modification and installation must be
done by the petitioner without assessment of the cost to the
property owners previously within the drainage system. [105.81]
Sec. 33. [103E.231] [DISMISSAL OR DELAY OF PROCEEDINGS BY
PETITIONERS.]
Subdivision 1. [DISMISSAL.] (a) A proceeding under this
chapter may be dismissed by a majority of the petitioners if
they own at least 60 percent of the area owned by all of the
petitioners as described in the petition.
(b) The proceeding may be dismissed at any time before the
proposed drainage project is established after payment of the
cost of the proceeding. If the costs cannot be collected, each
and all petitioners are liable for unpaid assessments. The
drainage authority shall determine and assess the cost of the
proceeding against the persons liable. After the proceeding is
dismissed any other action on the proposed drainage project must
begin with a new petition.
Subd. 2. [DELAY.] The drainage authority may delay
drainage proceedings and drainage project construction under
this chapter if a majority of the petitioners petition for a
delay and the drainage authority holds a hearing on the
petition. The delay may be for a period determined by the
drainage authority. The drainage authority shall determine the
cost of the proceedings up to the time the proceedings are
delayed and when the costs are to be paid. The costs may
include interest on the costs due. [106A.231]
Sec. 34. [103E.235] [DRAINAGE SYSTEM IN TWO OR MORE
COUNTIES.]
Subdivision 1. [DESIGNATION.] A petition for a proposed
drainage project in two or more counties must be designated as a
joint county drainage system with a number assigned by the
auditor of the county with the largest area of property in the
drainage system.
Subd. 2. [JOINT COUNTY DRAINAGE AUTHORITY.] The board
where a petition for a proposed joint county drainage project is
filed shall notify the board of each county where property is
affected by the drainage system and request the boards to meet
jointly and consider the petition. The boards shall select five
of their members at the meeting to be the drainage authority.
At least one member must be from each board. The drainage
authority shall be known as the joint county drainage authority
with a joint county drainage project or system number. A
vacancy in the membership of the joint county drainage authority
must be filled by joint action of the boards.
Subd. 3. [TRANSFER OF DRAINAGE SYSTEMS TO WATERSHED
DISTRICTS NOT AFFECTED.] This section does not affect the
transfer of a drainage system to the board of managers of a
watershed district under chapter 103D. [106A.235]
Sec. 35. [103E.238] [COUNTY ATTORNEY REVIEW OF PETITION
AND BOND.]
The county attorney must review each petition and bond
filed with the county to determine if it meets the requirement
of the proceedings for which it is intended. The county
attorney must review the petition and bond within 30 days after
it is filed. The county attorney must:
(1) refer the petition and bond back to the petitioners if
it does not meet the requirements, with the county attorney's
opinion describing the deficiencies of the petition; or
(2) refer the petition to the drainage authority.
[106A.238]
PRELIMINARY SURVEY AND HEARING
Sec. 36. [103E.241] [ENGINEER.]
Subdivision 1. [APPOINTMENT.] Within 30 days after
receiving a petition and bond from the county attorney, the
drainage authority shall, by order, appoint an engineer to make
a preliminary survey within a prescribed time. The engineer
must be the county highway engineer of a county where the
affected property is located or a professional engineer
registered under state law. The engineer is the engineer for
the drainage project throughout the proceeding and construction
unless otherwise ordered. Each appointed engineer must file an
oath and bond. The engineer may be removed by the drainage
authority at any time. If the engineer position is vacant, the
drainage authority shall appoint another engineer as soon as
possible.
Subd. 2. [OATH; BOND.] An appointed engineer must
subscribe to an oath to faithfully perform the assigned duties
in the best manner possible and file a bond with the auditor.
Within ten days after being appointed, the drainage authority
shall set an amount of at least $5,000 for the bond. The bond
must have adequate surety and be payable to the county where the
petition is filed, or for a proposed joint county drainage
project to all counties in the petition. The bond must be
conditioned to pay any person or the drainage authority for
damages and injuries resulting from negligence of the engineer
while the engineer is acting in the proceedings or construction
and provide that the engineer will diligently and honestly
perform the engineer's duties. The bond is subject to approval
by the auditor. The aggregate liability of the surety for all
damages may not exceed the amount of the bond.
Subd. 3. [ASSISTANTS; COMPENSATION.] The engineer may
appoint assistant engineers and hire help necessary to complete
the engineer's duties. The engineer is responsible for the
assistant engineers and may remove them. The compensation of
the engineer, assistant engineers, and other employees is
provided by section 86.
Subd. 4. [ENGINEER'S REPORTS.] The engineer shall make an
expense report every two weeks after the beginning of the
engineer's work until the construction contract is awarded. The
report must show costs incurred by the engineer and expenses
incurred under the engineer's direction relating to the
proceeding, and include the names of the engineer, engineer
assistants, and employees and the time each was employed, and
every item of expense incurred by the engineer. The engineer
must file this report with the auditor as soon as possible and
may not incur expenses for the proceeding greater than the
petitioners' bond.
Subd. 5. [CONSULTING ENGINEER.] After the engineer is
appointed and before construction of the drainage project is
finished, the drainage authority may employ an engineer as a
consulting engineer for the proceeding and construction. A
consulting engineer shall advise the engineer and drainage
authority on engineering matters and problems that may arise
related to the proceeding and construction of the drainage
project. The drainage authority shall determine the
compensation for the consulting engineer. [106A.241]
Sec. 37. [103E.245] [PRELIMINARY SURVEY AND PRELIMINARY
SURVEY REPORT.]
Subdivision 1. [SURVEY.] The engineer shall proceed
promptly to:
(1) examine the petition and order;
(2) make a preliminary survey of the area likely to be
affected by the proposed drainage project to enable the engineer
to determine whether the proposed drainage project is necessary
and feasible with reference to the environmental and land use
criteria in section 3, subdivision 1;
(3) examine and gather information related to determining
whether the proposed drainage project substantially affects
areas that are public waters; and
(4) if the proposed drainage project requires construction
of an open channel, examine the nature and capacity of the
outlet and any necessary extension.
Subd. 2. [LIMITATION OF SURVEY.] The engineer shall
restrict the preliminary survey to the drainage area described
in the petition, except that to secure an outlet the engineer
may run levels necessary to determine the distance for the
proper fall of the water. The preliminary survey must consider
the impact of the proposed drainage project on the environmental
and land use criteria in section 3, subdivision 1. The drainage
authority may have other areas surveyed after:
(1) giving notice by mail of a hearing to survey additional
areas, to be held at least ten days after the notice is mailed,
to the petitioners and persons liable on the petitioners' bond;
(2) holding the hearing;
(3) obtaining consent of the persons liable on the
petitioners' bond; and
(4) ordering the additional area surveyed by the engineer.
Subd. 3. [ADOPTION OF FEDERAL PROJECT.] The engineer may
approve and include as a part of the report, a project of the
United States relating to drainage or flood control that is
within the proposed drainage project area, and may accept data,
plats, plans, or information relating to the project furnished
by United States engineers. The engineer does not need to make
the preliminary survey if the material furnished by the United
States is sufficient for the engineer to make the preliminary
survey report.
Subd. 4. [PRELIMINARY SURVEY REPORT.] The engineer shall
report the proposed drainage project plan or recommend a
different practical plan. The report must give sufficient
information, in detail, to inform the drainage authority on
issues related to feasibility, and show changes necessary to
make the proposed plan practicable and feasible including
extensions, laterals, and other work. If the engineer finds the
proposed drainage project in the petition is feasible and
complies with the environmental and land use criteria in section
3, subdivision 1, the engineer shall include in the preliminary
survey report a preliminary plan of the drainage project showing
the proposed ditches, tile, laterals, and other improvements,
the outlet of the project, the watershed of the drainage project
or system, and the property likely to be affected and its known
owners. The plan must show:
(1) the elevation of the outlet and the controlling
elevations of the property likely to be affected referenced to
standard sea level datum, if practical;
(2) the probable size and character of the ditches and
laterals necessary to make the plan practicable and feasible;
(3) the character of the outlet and whether it is
sufficient;
(4) the probable cost of the drains and improvements shown
on the plan;
(5) all other information and data necessary to disclose
the practicability, necessity, and feasibility of the proposed
drainage project;
(6) consideration of the drainage project under the
environmental and land use criteria in section 3, subdivision 1;
and
(7) other information as ordered by the drainage authority.
[106A.245]
Sec. 38. [103E.251] [FILING PRELIMINARY SURVEY REPORT.]
The engineer shall file the completed preliminary survey
report in duplicate with the auditor. The auditor shall send
one copy of the report to the director. If the proposed
drainage project involves a joint county drainage project or
system, a copy of the report must be filed with the auditor of
each affected county. [106A.251]
Sec. 39. [103E.255] [COMMISSIONER'S PRELIMINARY ADVISORY
REPORT.]
The commissioner shall make a preliminary advisory report
to the drainage authority with an opinion about the adequacy of
the preliminary survey report. The commissioner shall state any
additional investigation and evaluation that should be done
relating to public waters that may be affected and environmental
and land use criteria in section 3, subdivision 1, and cite
specific portions of the preliminary survey report that are
determined inadequate. The commissioner shall file an initial
preliminary advisory report with the auditor before the date of
the preliminary hearing. The commissioner may request
additional time for review and evaluation of the preliminary
survey report if additional time is necessary for proper
evaluation. A request for additional time for filing the
commissioner's preliminary advisory report may not be made more
than five days after the date of the notice by the auditor that
a date is to be set for the preliminary hearing. An extension
of time may not exceed two weeks after the date of the request.
[106A.255]
Sec. 40. [103E.261] [PRELIMINARY HEARING.]
Subdivision 1. [NOTICE.] When the preliminary survey
report is filed, the auditor shall promptly notify the drainage
authority. The drainage authority in consultation with the
auditor shall set a time, by order, not more than 30 days after
the date of the order, for a hearing on the preliminary survey
report. At least ten days before the hearing, the drainage
authority after consulting with the auditor shall give notice by
mail of the time and location of the hearing to the petitioners,
owners of property, and political subdivisions likely to be
affected by the proposed drainage project in the preliminary
survey report.
Subd. 2. [HEARING.] The engineer shall attend the
preliminary hearing and provide necessary information. The
petitioners and all other interested parties may appear and be
heard. The commissioner's advisory report on the preliminary
plan must be publicly read and included in the record of
proceedings.
Subd. 3. [SUFFICIENCY OF PETITION.] (a) The drainage
authority shall first examine the petition and determine if it
meets the legal requirements.
(b) If the petition does not meet the legal requirements of
this chapter, the hearing shall be adjourned until a specified
date by which the petitioners must resubmit the petition. The
petition must be referred back to the petitioners who, by
unanimous action, may amend the petition. The petitioners may
obtain signatures of additional property owners as added
petitioners.
(c) When the hearing is reconvened, if the petition is not
resubmitted or does not meet the legal requirements, the
proceedings must be dismissed.
Subd. 4. [DISMISSAL.] (a) The drainage authority shall
dismiss the proceedings if it determines that:
(1) the proposed drainage project is not feasible;
(2) the adverse environmental impact is greater than the
public benefit and utility after considering the environmental
and land use criteria in section 3, subdivision 1, and the
engineer has not reported a plan to make the proposed drainage
project feasible and acceptable;
(3) the proposed drainage project is not of public benefit
or utility; or
(4) the outlet is not adequate.
(b) If the proceedings are dismissed, any other action on
the proposed drainage project must begin with a new petition.
Subd. 5. [FINDINGS AND ORDER.] (a) The drainage authority
shall state, by order, its findings and any changes that must be
made in the proposed drainage project from those outlined in the
petition, including changes necessary to minimize or mitigate
adverse impact on the environment, if it determines that:
(1) the proposed drainage project outlined in the petition,
or modified and recommended by the engineer, is feasible;
(2) there is necessity for the proposed drainage project;
(3) the proposed drainage project will be of public benefit
and promote the public health, after considering the
environmental and land use criteria in section 3, subdivision 1;
and
(4) the outlet is adequate.
(b) Changes may be stated by describing them in general
terms or filing a map that outlines the changes in the proposed
drainage project with the order. The order and accompanying
documents must be filed with the auditor.
Subd. 6. [OUTLET IS EXISTING DRAINAGE SYSTEM.] If the
outlet is an existing drainage system, the drainage authority
may determine that the outlet is adequate and obtain permission
to use the existing drainage system as an outlet. The drainage
authority shall assign a number to the proposed drainage project
and proceed under section 60 to act in behalf of the proposed
drainage project.
Subd. 7. [EFFECT OF FINDINGS.] (a) For all further
proceedings, the order modifies the petition and the order must
be considered with the petition.
(b) The findings and order of the drainage authority at the
preliminary hearing are conclusive only for the signatures and
legal requirements of the petition, the nature and extent of the
proposed plan, and the need for a detailed survey, and only for
the persons or parties shown by the preliminary survey report as
likely to be affected by the proposed drainage project. All
questions related to the practicability and necessity of the
proposed drainage project are subject to additional
investigation and consideration at the final hearing.
[106A.261]
DETAILED SURVEY AND VIEWING
Sec. 41. [103E.265] [ORDER FOR DETAILED SURVEY AND
DETAILED SURVEY REPORT.]
Subdivision 1. [ORDER.] When the preliminary hearing order
is filed with the auditor, the drainage authority shall order
the engineer to make a detailed survey with plans and
specifications for the proposed drainage project and submit a
detailed survey report to the drainage authority as soon as
possible.
Subd. 2. [WAIVER.] The drainage authority may waive the
detailed survey order and the detailed survey if it determines
that adequate data, plans, and specifications have been
furnished by a United States engineer. [106A.265]
Sec. 42. [103E.271] [DETAILED SURVEY.]
Subdivision 1. [SURVEY AND EXAMINATION.] When an order for
a detailed survey is filed, the engineer shall proceed to survey
the lines of the proposed drainage project in the preliminary
hearing order, and survey and examine affected property.
Subd. 2. [SURVEY REQUIREMENTS.] All drainage lines must be
surveyed in 100-foot stations and elevations must be based on
standard sea level datum, if practical. Bench marks must be
established on permanent objects along the drainage line, not
more than one mile apart. Field notes made by the engineer must
be entered in bound field books and preserved by the engineer
until they are filed with the auditor. [106A.271]
Sec. 43. [103E.275] [ENGINEER'S VARIANCE FROM DRAINAGE
AUTHORITY ORDER.]
(a) In planning a proposed drainage project, the engineer
may vary from the starting point and the line and plan described
by the preliminary hearing order if necessary to drain the
property likely to be assessed in the proposed drainage project.
(b) The engineer may:
(1) survey and recommend the location of additional
necessary ditches and tile;
(2) where better results will be accomplished and more
desirable outlets secured, provide for the extension of the
outlet; and
(3) provide for different parts of the drainage to flow in
different directions with more than one outlet.
(c) The open ditches do not have to connect if they drain
the area to be affected in the petition. The variance must be
reported with similar information in the detailed survey report.
[106A.275]
Sec. 44. [103E.281] [SOIL SURVEY.]
The engineer shall make a soil survey if: (1) the drainage
authority orders a soil survey; (2) the commissioner requests a
soil survey; or (3) the engineer determines a soil survey is
necessary. The soil survey must show the nature and character
of the soil in the proposed drainage project area and include
the engineer's findings from the soil survey. The report on the
soil survey must be included in the detailed survey report or
reported and filed separately before the final hearing.
[106A.281]
Sec. 45. [103E.285] [DETAILED SURVEY REPORT.]
Subdivision 1. [REPORT AND INFORMATION REQUIRED.] The
engineer shall prepare a detailed survey report that includes
the data and information in this section.
Subd. 2. [MAP.] A complete map of the proposed drainage
project and drainage system must be drawn to scale, showing:
(1) the terminus and course of each drain and whether it is
ditch or tile, and the location of other proposed drainage
works;
(2) the location and situation of the outlet;
(3) the watershed of the proposed drainage project and the
subwatershed of main branches, if any, with the location of
existing highway bridges and culverts;
(4) all property affected, with the names of the known
owners;
(5) public roads and railways affected;
(6) the outline of any lake basin, wetland, or public water
body affected;
(7) other physical characteristics of the watershed
necessary to understand the proposed drainage project and the
affected drainage system; and
(8) the area to be acquired to maintain a grass strip under
section 4.
Subd. 3. [PROFILE OF DRAINAGE LINES.] A profile of all
proposed drainage lines must be presented showing, graphically,
the elevation of the ground and gradient at each 100-foot
station, and the station number at each section line and at each
property line. The profile must show information necessary to
understand it, including, in the case of an open ditch, the
bottom width and side slope and, in the case of a tiled ditch,
the size of tile.
Subd. 4. [BRIDGE AND CULVERT PLANS.] Plans for private
bridges and culverts to be constructed by and as a part of the
proposed drainage project and plans for other works to be
constructed for the proposed drainage project must be
presented. A list must be made that shows the required minimum
hydraulic capacity of bridges and culverts at railways and
highways that cross ditches, and at other prospective ditch
crossings where bridges and culverts are not specified to be
constructed as part of the proposed drainage project. Plans and
estimates of the cost of highway bridges and culverts must be
prepared for the viewers to determine benefits and damages.
Subd. 5. [TABULAR STATEMENT OF EXCAVATION, CONSTRUCTION,
AND COST.] A tabular statement must be prepared showing:
(1) the number of cubic yards of excavation, linear feet of
tile, and average depth on each tile line;
(2) the bridges, culverts, and works to be constructed
under the plans for the drainage project; and
(3) the estimated unit cost of each item, a summary of the
total cost, and an estimate of the total cost of completing the
proposed drainage project that includes supervision and other
costs.
Subd. 6. [RIGHT-OF-WAY ACREAGE.] The acreage must be shown
that will be taken for ditch right-of-way on each government
lot, 40-acre tract, or fraction of a lot or tract under separate
ownership. The ditch right-of-way must include the area to be
taken to maintain a grass strip under section 4.
Subd. 7. [DRAIN TILE SPECIFICATIONS.] Specifications for
drain tile must be given that comply with the requirements of
the American Society for Testing Materials standard
specifications for drain tile, except where the engineer
requires tile of a special, higher quality for certain tile
depths or soil conditions.
Subd. 8. [SOIL SURVEY REPORT.] If required under section
44, the report on the soil survey must be included in the
detailed survey report or submitted and filed separately before
the final hearing.
Subd. 9. [RECOMMENDATION FOR DIVISION OF WORK.] If
construction of the proposed drainage project would be more
economical, the engineer may recommend:
(1) that the work be divided into sections and contracted
separately;
(2) that the ditch and tile work or tile and labor on the
project be contracted separately; or
(3) the time and manner for the work to be completed.
Subd. 10. [OTHER INFORMATION ON PRACTICABILITY AND
NECESSITY OF DRAINAGE PROJECT.] Other data and information to
inform the drainage authority of the practicability and
necessity of the proposed drainage project must be made
available including a comprehensive examination and the
recommendation by the engineer regarding the environmental and
land use criteria in section 3, subdivision 1.
Subd. 11. [OUTLET IN ANOTHER STATE.] If an outlet is only
practical in an adjoining state, the engineer shall describe the
right-of-way needed and the cost of obtaining the right-of-way
and constructing the outlet.
Subd. 12. [COMPLETION.] The engineer shall prepare the
detailed survey and complete the detailed survey report, in
duplicate, as specified in this section. [106A.285]
Sec. 46. [103E.291] [FILING DETAILED SURVEY REPORT.]
The engineer must file the detailed survey report with the
auditor where the proceedings are pending and the auditor must
deliver a copy of the detailed survey report to the
commissioner. The engineer must also file copies of the
detailed survey report with the auditors of any affected
counties. [106A.291]
Sec. 47. [103E.295] [REVISION OF ENGINEER'S DETAILED
SURVEY REPORT AFTER ACCEPTANCE.]
After the final acceptance of the proposed drainage
project, the engineer shall revise the plan, profiles, and
designs of structures to show the drainage project as actually
constructed on the original tracings. The engineer shall file
the revised detailed survey report with the auditor. The
auditor shall forward the original or a copy to the director as
a permanent record. [106A.295]
Sec. 48. [103E.301] [COMMISSIONER'S FINAL ADVISORY
REPORT.]
(a) The commissioner shall examine the detailed survey
report and within 30 days of receipt make a final advisory
report to the drainage authority. The final advisory report
must state whether the commissioner:
(1) finds the detailed survey report is incomplete and not
in accordance with the provisions of this chapter, specifying
the incomplete or nonconforming provisions;
(2) approves the detailed survey report as an acceptable
plan to drain the property affected;
(3) does not approve the plan and recommendations for
changes;
(4) finds the proposed drainage project is not of public
benefit or utility under the environmental and land use criteria
in section 3, subdivision 1, specifying the facts and evidence
supporting the findings; or
(5) finds a soil survey is needed, and, if it is, makes a
request to the engineer to make a soil survey.
(b) The commissioner shall direct the final advisory report
to the drainage authority and file it with the auditor.
[106A.301]
Sec. 49. [103E.305] [VIEWERS' APPOINTMENT AND
QUALIFICATION.]
Subdivision 1. [APPOINTMENT.] When the order for a
detailed survey is made, the drainage authority shall, by order,
appoint viewers consisting of three disinterested residents of
the state qualified to assess benefits and damages. The
drainage authority may establish qualifications for viewers.
Subd. 2. [AUDITOR'S ORDER FOR FIRST MEETING.] Within five
days after the detailed survey report is filed, the auditor
shall, by order, designate the time and location for the first
meeting of the viewers, and issue a copy to the viewers of the
auditor's order and a certified copy of the order appointing the
viewers.
Subd. 3. [FIRST MEETING.] At the first meeting and before
beginning their duties, the viewers shall subscribe to an oath
to faithfully perform their duties. If an appointed viewer does
not qualify for any reason, the auditor shall designate another
qualified person to take the disqualified viewer's place.
[106A.305]
Sec. 50. [103E.311] [VIEWERS' DUTIES.]
The viewers, with or without the engineer, shall determine
the benefits and damages to all property affected by the
proposed drainage project and make a viewers' report.
[106A.311]
Sec. 51. [103E.315] [ASSESSMENT OF DRAINAGE BENEFITS AND
DAMAGES.]
Subdivision 1. [STATE LAND.] Property owned by the state
must have benefits and damages reported in the same manner as
taxable lands subject to the provisions relating to conservation
areas in section 5.
Subd. 2. [GOVERNMENT PROPERTY.] The viewers shall report
the benefits and damages to the state, counties, and
municipalities from the proposed drainage project. The property
within the jurisdiction of a municipality, whether owned by the
municipality or by private parties, may be assessed as benefits
and damages to the municipality.
Subd. 3. [PUBLIC ROADS.] If a public road or street is
benefited or damaged, the state, county, or political
subdivision that is the governmental unit with the legal duty of
maintaining the road or street, must be assessed benefits or
damages to the road or street, except that benefits and damages
for bridges and culverts must be assessed to the governmental
unit that has the legal duty to construct and maintain the
bridge or culvert under section 68.
Subd. 4. [RAILWAY AND OTHER UTILITIES.] The viewers shall
report the benefits and damages to railways and other utilities,
including benefits and damages to property used for railway or
other utility purposes.
Subd. 5. [EXTENT AND BASIS OF BENEFITS.] (a) The viewers
shall determine the amount of benefits to all property within
the watershed, whether the property is benefited immediately by
the construction of the proposed drainage project or the
proposed drainage project can become an outlet for drainage,
makes an outlet more accessible, or otherwise directly benefits
the property. The benefits may be based on:
(1) an increase in the current market value of property as
a result of constructing the project;
(2) an increase in the potential for agricultural
production as a result of constructing the project; or
(3) an increased value of the property as a result of a
potential different land use.
(b) Benefits and damages may be assessed only against the
property benefited or damaged or an easement interest in
property for the exclusive use of the surface of the property.
Subd. 6. [BENEFITS FOR PROPOSED DRAINAGE PROJECT AS
OUTLET.] (a) If the proposed drainage project furnishes an
outlet to an existing drainage system and benefits the property
drained by the existing system, the viewers shall equitably
determine and assess:
(1) the benefits of the proposed drainage project to each
tract or lot drained by the existing drainage system;
(2) a single amount as an outlet benefit to the existing
drainage system; or
(3) benefits on a watershed acre basis.
(b) Assessments that conform with the provisions in this
subdivision are valid. If a single sum is assessed as an outlet
benefit, the lien for the assessment must be prorated on all
property benefited by the existing drainage system in proportion
to the benefits determined for the existing drainage system.
(c) Within the watershed that drains to the area where a
project is located, the viewers may assess outlet benefits on:
(1) property that is responsible for increased
sedimentation in downstream areas of the watershed; and
(2) property that is responsible for increased drainage
system maintenance or increased drainage system capacity because
the natural drainage on the property has been altered or
modified to accelerate the drainage of water from the property.
Subd. 7. [BENEFITS FOR PROJECT THAT INCREASES DRAINAGE
CAPACITY.] If part of a drainage project increases drainage
capacity and the increased capacity is necessary due to
increased drainage in the project watershed rather than
increased drainage in a specific area, the viewers may assess
benefits on property in the project watershed on a pro rata
basis.
Subd. 8. [EXTENT OF DAMAGES.] Damages to be paid may
include:
(1) the fair market value of the property required for the
channel of an open ditch and the permanent grass strip under
section 4;
(2) the diminished value of a farm due to severing a field
by an open ditch;
(3) loss of crop production during drainage project
construction; and
(4) the diminished productivity or land value from
increased overflow. [106A.315]
Sec. 52. [103E.321] [VIEWERS' REPORT.]
Subdivision 1. [REQUIREMENTS.] The viewers' report must
show, in tabular form, for each lot, 40 acre tract, and fraction
of a lot or tract under separate ownership that is benefited or
damaged:
(1) a description of the lot or tract, under separate
ownership, that is benefited or damaged;
(2) the names of the owners as they appear on the current
tax records of the county and their addresses;
(3) the number of acres in each tract or lot;
(4) the number and value of acres added to a tract or lot
by the proposed drainage of public waters;
(5) the damage, if any, to riparian rights;
(6) the damages paid for the permanent grass strip under
section 4;
(7) the total number and value of acres added to a tract or
lot by the proposed drainage of public waters, wetlands, and
other areas not currently being cultivated;
(8) the number of acres and amount of benefits being
assessed for drainage of areas which before the drainage
benefits could be realized would require a public waters work
permit to work in public waters under article 7, section 22, to
excavate or fill a navigable water body under United States
Code, title 33, section 403, or a permit to discharge into
waters of the United States under United States Code, title 33,
section 1344;
(9) the number of acres and amount of benefits being
assessed for drainage of areas that would be considered
conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(10) the amount of right-of-way acreage required; and
(11) the amount that each tract or lot will be benefited or
damaged. [106A.321 s. 1]
Subd. 2. [BENEFITS AND DAMAGES STATEMENT.] (a) The
viewers' report must include a benefits and damages statement
that shows for each property owner how the benefits or damages
for similar tracts or lots were determined. For similar tracts
or lots the report must describe:
(1) the existing land use, property value, and economic
productivity;
(2) the potential land use, property value, and economic
productivity after the drainage project is constructed; and
(3) the benefits or damages from the proposed drainage
project.
(b) The soil and water conservation districts and county
assessors shall cooperate with viewers to provide information
required under paragraph (a). [106A.321 s. 1a]
Subd. 3. [DISAGREEMENT OF VIEWERS.] If the viewers are
unable to agree, each viewer shall separately state findings on
the disputed issue. A majority of the viewers may perform the
required duties under this chapter. [106A.321 s. 2]
Subd. 4. [FILING.] When the viewers complete their duties,
they shall file the viewers' report with the auditor of each
affected county. A detailed statement must be filed with the
viewers' report showing the actual time the viewers were engaged
and the costs incurred. The viewers shall perform their duties
and complete the viewers' report as soon as possible after their
first meeting. [106A.321 s. 3]
Sec. 53. [103E.323] [PROPERTY OWNERS' REPORT.]
Subdivision 1. [REPORT.] Within 30 days after the viewers'
report is filed, the auditor must make a property owners' report
from the information in the viewers' report showing for each
property owner benefited or damaged by the proposed drainage
project:
(1) the name and address of the property owner;
(2) each lot or tract and its area that is benefited or
damaged;
(3) the total number and value of acres added to a tract or
lot by the proposed drainage of public waters, wetlands, and
other areas not currently being cultivated;
(4) the number of acres and amount of benefits being
assessed for drainage of areas which before the drainage
benefits could be realized would require a public waters work
permit to work in public waters under article 7, section 22, to
excavate or fill a navigable water body under United States
Code, title 33, section 403, or a permit to discharge into
waters of the United States under United States Code, title 33,
section 1344;
(5) the number of acres and amount of benefits being
assessed for drainage of areas that would be considered
conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(6) the damage, if any, to riparian rights;
(7) the amount of right-of-way acreage required;
(8) the amount that each tract or lot will be benefited or
damaged;
(9) the net damages or benefits to each property owner;
(10) the estimated cost to be assessed to the property
owner based on the cost of the drainage project in the
engineer's detailed survey report; and
(11) a copy of the benefits and damages statement under
section 52, subdivision 2, paragraph (a), relating to the
property owner.
Subd. 2. [MAILING.] The auditor must mail a copy of the
property owners' report to each owner of property affected by
the proposed drainage project, and may prepare and file an
affidavit of mailing. [106A.323]
FINAL HEARING
Sec. 54. [103E.325] [FINAL HEARING NOTICE.]
Subdivision 1. [TIME.] Promptly after the filing of the
viewers' report and the commissioner's final advisory report,
the drainage authority after consulting with the auditor shall
set a time and location for the final hearing on the petition,
the detailed survey report, and the viewers' report. The
hearing must be set 25 to 50 days after the date of the final
hearing notice.
Subd. 2. [NOTICE.] (a) The final hearing notice must state:
(1) that the petition is pending;
(2) that the detailed survey report is filed;
(3) that the viewers' report is filed;
(4) the time and place set for the final hearing;
(5) a brief description of the proposed drainage project
and affected drainage system, giving in general terms the
starting point, terminus, and general course of the main ditch
and branches;
(6) a description of property benefited and damaged, and
the names of the owners of the property; and
(7) the municipal and other corporations affected by the
proposed drainage project as shown by the detailed survey report
and viewers' report.
(b) Names may be listed in a narrative form and property
affected may be separately listed in narrative form by
governmental sections or otherwise.
(c) For a joint county proceeding, separate notice may be
prepared for each county affected, showing the portion of the
proposed drainage project and the names and descriptions of
affected property in the county.
Subd. 3. [METHOD OF NOTICE.] The auditor shall notify the
drainage authority, auditors of affected counties, and all
interested persons of the time and location of the final hearing
by publication, posting, and mail. A printed copy of the final
hearing notice for each affected county must be posted at least
three weeks before the date of the final hearing at the front
door of the courthouse in each county. Within one week after
the first publication of the notice, the auditor shall give
notice by mail of the time and location of the final hearing to
the commissioner, all property owners, and others affected by
the proposed drainage project and listed in the detailed survey
report and the viewers' report.
Subd. 4. [DEFECTIVE NOTICE.] If the final hearing notice
is not given or is not legally given, the auditor shall properly
publish, post, and mail the notice or provide the notice under
the provisions to cure defective notice in section 7.
[106A.325]
Sec. 55. [103E.331] [JURISDICTION OF PROPERTY BY DRAINAGE
AUTHORITY.]
After the final hearing notice is given, the drainage
authority has jurisdiction of all property described in the
detailed survey report and viewers' report, of the persons and
municipalities named in the reports, and of persons having an
interest in a mortgage, lien, or encumbrance against property
described in the reports. [106A.331]
Sec. 56. [103E.335] [PROCEEDINGS AT THE FINAL HEARING.]
Subdivision 1. [CONSIDERATION OF PETITION AND REPORTS.] At
the time and location for the final hearing specified in the
notice, or after the hearing adjourns, the drainage authority
shall consider the petition for the drainage project, with all
matters pertaining to the detailed survey report, the viewers'
report, and the commissioner's final advisory report. The
drainage authority shall hear and consider the testimony
presented by all interested parties. The engineer or the
engineer's assistant and at least one viewer shall be present.
The director may appear and be heard. If the director does not
appear personally, the final advisory report shall be read
during the hearing. The final hearing may be adjourned and
reconvened as is necessary.
Subd. 2. [CHANGES IN DRAINAGE PLAN.] If the drainage
authority determines that the general plan reported by the
engineer may be improved by changes, or that the viewers have
made an inequitable assessment of benefits or damages to any
property, the drainage authority may amend the detailed survey
report or the viewers' report, and make necessary and proper
findings in relation to the reports. The drainage authority may
resubmit matters to the engineer or to the viewers for immediate
consideration. The engineer or viewers shall proceed promptly
to reconsider the resubmitted matters and shall make and file
the amended findings and reports. The amended reports are a
part of the original reports.
Subd. 3. [REEXAMINATION.] If the drainage authority
determines that property not included in the notice should be
included and assessed or that the engineer or viewers, or both,
should reexamine the proposed drainage project or the property
benefited or damaged by the system, the drainage authority may
resubmit the reports to the engineer and viewers. If a report
is resubmitted the final hearing may be continued as is
necessary to make the reexamination and reexamination report.
If the reexamination report includes property not included in
the original report, the drainage authority may, by order,
adjourn the hearing and direct the auditor to serve or publish,
post, and mail a final hearing notice with reference to all
property not included in the previous notice. The jurisdiction
of the drainage authority continues in the property given proper
notice, and new or additional notice is not required for that
property. [106A.335]
Sec. 57. [103E.341] [DRAINAGE AUTHORITY FINAL ORDER.]
Subdivision 1. [DISMISSAL OF PROCEEDINGS.] The drainage
authority must dismiss the proceedings and petition, by order,
if it determines that:
(1) the benefits of the proposed drainage project are less
than the total cost, including damages awarded;
(2) the proposed drainage project will not be of public
benefit and utility; or
(3) the proposed drainage project is not practicable after
considering the environmental and land use criteria in section
3, subdivision 1.
Subd. 2. [ESTABLISHMENT OF PROPOSED DRAINAGE PROJECT.] (a)
The drainage authority shall establish, by order, a proposed
drainage project if it determines that:
(1) the detailed survey report and viewers' report have
been made and other proceedings have been completed under this
chapter;
(2) the reports made or amended are complete and correct;
(3) the damages and benefits have been properly determined;
(4) the estimated benefits are greater than the total
estimated cost, including damages;
(5) the proposed drainage project will be of public utility
and benefit, and will promote the public health; and
(6) the proposed drainage project is practicable.
(b) The order must contain the drainage authority's
findings, adopt and confirm the viewers' report as made or
amended, and establish the proposed drainage project as reported
and amended. [106A.341]
Sec. 58. [103E.345] [APPORTIONMENT OF COST FOR JOINT
COUNTY DRAINAGE SYSTEMS.]
For joint county proceedings, the auditor where the
petition is filed shall file a certified copy of the viewers'
report with the auditor of each affected county within 20 days
after the date of the final order establishing the system. When
the final order to establish the drainage project is made, the
drainage authority shall determine and order the percentage of
the cost of the drainage project to be paid by each affected
county. The cost shall be in proportion to the benefits
received, unless there is a contrary reason. An auditor of an
affected county may petition the drainage authority after the
final order is made to determine and order the percentage of
costs to be paid by the affected counties. The drainage
authority shall hold a hearing five days after giving written
notice to the auditor of each affected county. After giving the
notice to the auditors of the affected counties, the drainage
authority may, at any time that it is necessary, modify an order
or make an additional order to allocate the cost among the
affected counties. [106A.345]
REDETERMINATION OF BENEFITS
Sec. 59. [103E.351] [REDETERMINATION OF BENEFITS AND
DAMAGES.]
Subdivision 1. [CONDITIONS TO REDETERMINE BENEFITS AND
DAMAGES; APPOINTMENT OF VIEWERS.] If the drainage authority
determines that the original benefits or damages determined in a
drainage proceeding do not reflect reasonable present day land
values or that the benefited or damaged areas have changed, or
if more than 50 percent of the owners of property benefited or
damaged by a drainage system petition for correction of an error
that was made at the time of the proceedings that established
the drainage system, the drainage authority may appoint three
viewers to redetermine and report the benefits and damages and
the benefited and damaged areas.
Subd. 2. [HEARING AND PROCEDURE.] (a) The redetermination
of benefits and damages shall proceed as provided for viewers
and the viewers' report in sections 50 to 52.
(b) The auditor must prepare a property owners' report from
the viewers' report. A copy of the property owners' report must
be mailed to each owner of property affected by the drainage
system.
(c) The drainage authority shall hold a final hearing on
the report and confirm the benefits and damages and benefited
and damaged areas. The final hearing shall proceed as provided
under sections 54, 56, and 57, except that the hearing shall be
held within 30 days after the property owners' report is mailed.
Subd. 3. [REDETERMINED BENEFITS AND DAMAGES REPLACE
ORIGINAL BENEFITS AND DAMAGES.] The redetermined benefits and
damages and benefited and damaged areas must be used in place of
the original benefits and damages and benefited and damaged
areas in all subsequent proceedings relating to the drainage
system.
Subd. 4. [APPEAL.] A person aggrieved by the
redetermination of benefits and damages and benefited and
damaged areas may appeal from the order confirming the benefits
and damages and benefited and damaged areas under section 19.
[106A.351]
OUTLETS FOR DRAINAGE SYSTEMS
Sec. 60. [103E.401] [USE OF DRAINAGE SYSTEM AS AN OUTLET.]
Subdivision 1. [COMMISSIONER MUST RECOGNIZE DRAINAGE
OUTLET PROCEEDINGS WHEN PURCHASING WETLANDS.] If the
commissioner purchases wetlands under section 97A.145, the
commissioner must recognize that when a majority of landowners
or owners of a majority of the land in the watershed petition
for a drainage outlet, the state should not interfere with or
unnecessarily delay the drainage proceedings if the proceedings
are conducted according to this chapter.
Subd. 2. [EXPRESS AUTHORITY NECESSARY.] After the
construction of a drainage project, a public or private drainage
system that drains property not assessed for benefits for the
established drainage system may not be constructed to use the
established drainage system as an outlet without obtaining
express authority from the drainage authority having
jurisdiction over the drainage system proposed to be used as the
outlet. This section is applicable to the construction of a
public or private drainage system that outlets water into an
established drainage system regardless of the actual physical
connection.
Subd. 3. [PETITION.] A person seeking authority to use an
established drainage system as an outlet must petition the
drainage authority. When the petition is filed, the drainage
authority in consultation with the auditor shall set a time and
location for a hearing on the petition and shall give notice by
mail and notice by publication of the hearing. The auditor must
be paid a fee of $5 plus 30 cents for each notice mailed in
excess of ten.
Subd. 4. [HEARING.] At the hearing the drainage authority
shall consider the capacity of the outlet drainage system. If
express authority is given to use the drainage system as an
outlet, the drainage authority shall state, by order, the terms
and conditions for use of the established drainage system as an
outlet and shall set the amount to be paid as an outlet fee.
The order must describe the property to be benefited by the
drainage system and must state the amount of benefits to the
property for the outlet. The property benefited is liable for
assessments levied after that time in the drainage system, on
the basis of the benefits as if the benefits had been determined
in the order establishing the drainage system.
Subd. 5. [PRIVATE DRAINAGE SYSTEM MAY NOT BE CONSTRUCTED
WITHOUT PAYMENT OF OUTLET FEE.] A private drainage system may
not be constructed to use the established drainage system as an
outlet until the outlet fee, set by order, is paid by the
petitioner to the county treasurer where the petitioner's
property is located.
Subd. 6. [PAYMENT OF OUTLET FEE.] The outlet fee for a
proposed drainage project is a part of the cost of the proposed
drainage project and is to be paid by assessment against the
property benefited by the proposed drainage project, under
section 77, and credited to the established drainage system
account.
Subd. 7. [UNAUTHORIZED OUTLET INTO DRAINAGE SYSTEM.] (a)
The drainage authority must notify an owner of property where an
unauthorized outlet into a drainage system is located and direct
the property owner to block the outlet or otherwise make the
outlet ineffective by a specified time. The outlet must be
blocked and remain ineffective until:
(1) an outlet fee is paid, which is determined by the
drainage authority based on the benefits received by the
property for the period the unauthorized outlet was operational;
and
(2) the drainage authority approves a petition for the
outlet and establishes the outlet fee.
(b) If a property owner does not block or make the outlet
ineffective after being notified, the drainage authority must
issue an order to have the work performed to bring the outlet
into compliance. After the work is completed, the drainage
authority must send a statement to the auditor of the county
where the property is located and to the property owner where
the unauthorized outlet is located, containing the expenses
incurred to bring the outlet into compliance and the outlet fee
based on the benefits received by the property during the period
the unauthorized outlet was operational.
Subd. 8. [COLLECTION OF UNAUTHORIZED OUTLET COMPLIANCE
EXPENSES.] (a) The amount of the expenses and outlet fee is a
lien in favor of the drainage authority against the property
where the unauthorized outlet is located. The auditor must
certify the expenses and outlet fee and enter the amount in the
same manner as other drainage liens on the tax list for the
following year. The amount must be collected in the same manner
as real estate taxes for the property. The provisions of law
relating to the collection of real estate taxes shall be used to
enforce payment of amounts due under this section. The auditor
must include a notice of collection of unauthorized outlet
compliance expenses with the tax statement.
(b) The amounts collected under this subdivision must be
deposited in the drainage system account. [106A.401]
Sec. 61. [103E.405] [OUTLETS IN ADJOINING STATES.]
In any drainage proceeding, at the hearing on the detailed
survey report and viewers' report, if the drainage authority
determines that a proper outlet for the drainage system does not
exist except through property in an adjoining state, the
drainage authority may adjourn the hearing. If the hearing is
adjourned the drainage authority shall require the auditor or,
for a joint county drainage system, the auditors of affected
counties to procure an option to acquire the needed right-of-way
at an expense not exceeding the estimated cost specified in the
detailed survey report. The order establishing the drainage
project may not be made until the option is procured. If the
option is procured and the drainage project established, the
option shall be exercised and the cost of the right-of-way shall
be paid as a part of the cost of the drainage project.
[106A.405]
Sec. 62. [103E.411] [DRAINAGE SYSTEM AS OUTLET FOR
MUNICIPALITY.]
Subdivision 1. [PETITION.] A municipality may use a
drainage system as an outlet for its municipal drainage system
or the overflow from the system under the provisions of this
section. The municipality must petition to the drainage
authority to use the drainage system. The petition must:
(1) show the necessity for the use of the drainage system
as an outlet;
(2) show that the use of the drainage system will be of
public benefit and utility and promote the public health;
(3) be accompanied by a plat showing the location of the
drainage system and the location of the municipal drainage
system; and
(4) be accompanied by specifications showing the plan of
connection from the municipal drainage system to the drainage
system.
Subd. 2. [APPROVAL BY POLLUTION CONTROL AGENCY.] The plan
for connecting the municipal drainage system to the drainage
system must be approved by the pollution control agency.
Subd. 3. [FILING; NOTICE.] (a) If proceedings to establish
the drainage project to be used as an outlet are pending, the
petition must be filed with the auditor. The municipal drainage
system petition must be presented to the drainage authority at
the final hearing to consider the detailed survey report and
viewers' report. Notice of the municipal drainage system
petition must be included in the final hearing notice.
(b) If the drainage system to be used as an outlet is
established, the municipal drainage system petition must be
filed with the auditor. When the petition is filed, the
drainage authority in consultation with the auditor shall, by
order, set a time and place for hearing on the petition. Notice
of the hearing must be given by publication and by mailed notice
to the auditor of each affected county.
Subd. 4. [HEARING AND ORDER.] (a) At the hearing the
drainage authority may receive all evidence of interested
parties for or against the granting of the petition. The
drainage authority, by order, may authorize the municipality to
use the drainage system as an outlet, subject to the conditions
that are necessary and proper to protect the rights of the
parties and safeguard the interests of the general public, if
the drainage authority determines:
(1) that a necessity exists for the use of the drainage
system as an outlet for the municipal drainage system or the
overflow from the system;
(2) that use of the drainage system will be of public
utility and promote the public health; and
(3) that the proposed connection conforms to the
requirements of the pollution control agency and provides for
the construction and use of proper disposal works.
(b) The drainage authority must, by order, make the
municipality a party to the drainage proceedings and determine
the benefits from using the drainage project or system as an
outlet.
Subd. 5. [BENEFITS AND ASSESSMENTS IF DRAINAGE SYSTEM IS
ESTABLISHED.] If the drainage system is established, the
drainage authority must determine the amount the municipality
must pay for the privilege of using the drainage system as an
outlet. The amount must be paid to the affected counties and
credited to the account of the drainage system used as an
outlet. The municipality is liable for all subsequent liens and
assessments for the repair and maintenance of the drainage
system in proportion to the benefits, as though the benefits
were determined in the order establishing the drainage system.
[106A.411]
CONSTRUCTION OF DRAINAGE PROJECT
Sec. 63. [103E.501] [CONTRACT AND BOND.]
Subdivision 1. [PREPARATION.] The county attorney, the
engineer, and the attorney for the petitioners shall prepare the
contract and bond. The contract and bond must include the
provisions required by this chapter and section 574.26 for bonds
given by contractors for public works and must be conditioned as
provided by section 574.26 for the better security of the
contracting counties and parties performing labor and furnishing
material in performance of the contract. The prepared contract
and bond must be attached and provided to the contractor for
execution.
Subd. 2. [CONTRACTOR'S BOND.] The contractor shall file a
bond with the auditor for an amount not less than 75 percent of
the contract price of the work. The bond must have adequate
surety and be approved by the auditor. The bond must provide
that the surety for the bond is liable for all damages resulting
from a failure to perform work under the contract, whether the
work is resold or not, and that any person or political
subdivision showing damages from the failure to perform work
under the contract may maintain an action against the bond in
their own names. Actions may be successive in favor of all
persons injured, but the aggregate liability of the surety for
all the damages may not exceed the amount of the bond. The
surety is liable for the tile work guaranteed by the
contractor. The contractor is considered a public officer and
the bond an official bond within the meaning of section 574.24
construing the official bonds of public officers as security to
all persons and providing for actions on the bonds by a party
that is damaged.
Subd. 3. [CONTRACT.] The contract must contain a specific
description of the work to be done, either expressly or by
reference to the plans and specifications, and must provide that
the work must be done and completed as provided in the plans and
specifications and subject to the inspection and approval of the
engineer. The contract must provide that time is of the essence
of the contract, and that if there is a failure to perform the
work according to the terms of the contract within the time
given in the original contract or as extended, the contractors
shall forfeit and pay the affected counties an amount stated in
the contract as liquidated damages. The amount must be fixed by
the auditor for each day that the failure of performance
continues.
Subd. 4. [CONTRACT PROVISIONS FOR CHANGES DURING
CONSTRUCTION.] The contract must give the engineer the right,
with the consent of the drainage authority, to modify the
detailed survey report, plans, and specifications as the work
proceeds and as circumstances require. The contract must
provide that the increased cost resulting from the changes will
be paid by the drainage authority to the contractor at a rate
not greater than the amount for similar work in the contract. A
change may not be made that will substantially impair the
usefulness of any part of the drainage project or system,
substantially alter its original character, or increase its
total cost by more than ten percent of the total original
contract price. A change may not be made that will cause the
cost to exceed the total estimated benefits found by the
drainage authority or that will cause any detrimental effects to
the public interest under section 3, subdivision 1.
Subd. 5. [CONTRACT WITH FEDERAL UNIT.] If any portion of
the work is to be done by the United States or an agency of the
United States, a bond or contract is not necessary for that
portion of the work, except that a contract must be made if the
United States or its agencies require a contract with the local
governmental units. The contract must contain the terms,
conditions, provisions, and guaranties required by the United
States or its agencies to proceed with the work.
Subd. 6. [GUARANTY OF TILE WORK.] If tile is used to
construct any part of the drainage project, a majority of the
persons affected may file a written request with the auditor to
contract the tile work separately. The request must be filed
before advertising for the sale of the work has begun. If the
request is properly made, the tile work must be contracted
separately. The contractor must guarantee the tile work under
the contract for three years after its completion against any
fault or negligence on the part of the contractor. The
advertisement for bids must include this requirement.
Subd. 7. [MODIFICATION OF CONTRACT BY AGREEMENT.] This
chapter does not prevent the persons with property affected by
the construction of a drainage project from uniting in a written
agreement with the contractor and the surety of the contractor's
bond to modify the contract as to the manner or time when any
portion of the drainage project is constructed, if the
modification is recommended, in writing, by the engineer and
approved by the drainage authority. [106A.501]
Sec. 64. [103E.505] [AWARDING THE CONSTRUCTION CONTRACT.]
Subdivision 1. [AUDITORS AND DRAINAGE AUTHORITY TO
PROCEED.] Thirty days after the order establishing a drainage
project is filed, the auditor and the drainage authority or, for
a joint county drainage project, a majority of the auditors of
the affected counties shall proceed to award the contract to
construct the drainage project.
Subd. 2. [PENDING APPEAL OF BENEFITS AND DAMAGES.] If an
appeal regarding the determination of benefits and damages is
made within 30 days after the order establishing the drainage
project has been filed, a contract may not be awarded until the
appeal has been determined, unless the drainage authority orders
the contract awarded. The auditor of an affected county or an
interested person may request the drainage authority to make the
order. If the request is not made by an affected auditor, the
auditors of affected counties must be given notice five days
before the hearing on the request.
Subd. 3. [NOTICE OF CONTRACT AWARDING.] The auditor of an
affected county shall give notice of the awarding of the
contract by publication in a newspaper in the county. The
notice must state the time and location for awarding the
contract. For a joint county drainage project the auditors
shall award the contract at the office of the auditor where the
proceedings are pending. If the estimated cost of construction
is more than $3,000, the auditor must also place a notice in a
drainage construction trade newspaper. The trade newspaper
notice must state:
(1) the time and location for awarding the contract;
(2) the approximate amount of work and its estimated cost;
(3) that bids may be for the work as one job, or in
sections, or separately, for bridges, ditches and open work,
tile, or tile construction work, if required or advisable;
(4) that each bid must be accompanied by a certified check
or a bond furnished by an approved surety corporation payable to
the auditors of affected counties for ten percent of the bid, as
security that the bidder will enter into a contract and give a
bond as required by section 63; and
(5) that the drainage authority reserves the right to
reject any and all bids.
Subd. 4. [ENGINEER SHALL ATTEND AWARDING OF CONTRACT.] The
engineer shall attend the meeting to award the contract. A bid
may not be accepted without the engineer's approval of the
bidder's compliance with plans and specifications.
Subd. 5. [HOW CONTRACT MAY BE AWARDED.] The contract may
be awarded in one job, in sections, or separately for labor and
material and must be let to the lowest responsible bidder.
Subd. 6. [BIDS EXCEEDING 130 PERCENT OF ESTIMATED COST NOT
ACCEPTED.] Bids that in the aggregate exceed the total estimated
cost of construction by more than 30 percent may not be accepted.
Subd. 7. [AFFECTED COUNTIES CONTRACT THROUGH AUDITOR.] The
chair of the drainage authority and the auditor of each affected
county shall contract, in the names of their respective
counties, to construct the drainage project in the time and
manner and according to the plans and specifications and the
contract provisions in this chapter.
Subd. 8. [WORK DONE BY FEDERAL GOVERNMENT.] If any of the
drainage work is to be done by the United States or its
agencies, a notice of awarding that contract does not need to be
published and a contract for that construction is not
necessary. Affected municipalities may contract or arrange with
the United States or its agencies for cooperation or assistance
in constructing, maintaining, and operating the drainage project
and system, for control of waters in the district, or for making
a survey and investigation or reports on the drainage project or
system. The municipalities may provide required guaranty and
protection to the United States or its agencies. [106A.505]
Sec. 65. [103E.511] [PROCEDURE IF CONTRACT IS NOT AWARDED
DUE TO BIDS OR COSTS.]
Subdivision 1. [CONDITIONS TO USE PROCEDURE IN THIS
SECTION.] The procedure in this section may be used if, after a
drainage system is established:
(1) the only bids received are for more than 30 percent in
excess of the engineer's estimated cost, or in excess of the
benefits, less damages and other costs; or
(2) a contract is awarded, but due to unavoidable delays
not caused by the contractor, the contract cannot be completed
for an amount equal to or less than the benefits, less damages
and other costs.
Subd. 2. [PETITION AFTER COST ESTIMATE ERROR OR CHANGE TO
LOWER COST.] A person interested in the drainage project may
petition the drainage authority if the person determines that
the engineer made an error in the estimate of the drainage
project cost or that the plans and specifications could be
changed in a manner materially affecting the cost of the
drainage system without interfering with efficiency. The
petition must state the person's determinations and request that
the detailed survey report and viewers' report be referred back
to the engineer and to the viewers for additional consideration.
Subd. 3. [PETITION AFTER EXCESSIVE COST DUE TO INFLATION.]
(a) A person interested in the drainage project may petition the
drainage authority for an order to reconsider the detailed
survey report and viewers' report if the person determines:
(1) that bids were received only for a price more than 30
percent in excess of the detailed survey report estimate because
inflation increased the construction cost between the time of
the detailed survey cost estimate and the time of awarding the
contract; or
(2) that after the contract was awarded there was
unavoidable delay not caused by the contractor, and between the
time of awarding the contract and completion of construction
inflation increased construction costs resulting in the contract
not being completed for an amount equal to or less than the
assessed benefits.
(b) The person may request in the petition that the
drainage authority reconsider the original cost estimate in the
detailed survey report and viewers' report and adjust the cost
estimate consistent with the increased construction cost.
Subd. 4. [HEARING ORDERED AFTER RECEIPT OF PETITION.]
After receiving a petition, the drainage authority shall order a
hearing. The order must designate the time and place of the
hearing and direct the auditor to give notice by publication.
Subd. 5. [HEARING ON COST PETITION.] (a) At the hearing
the drainage authority shall consider the petition and hear all
interested parties.
(b) The drainage authority may, by order, authorize the
engineer to amend the detailed survey report, if the drainage
authority determines that:
(1) the detailed survey report cost estimate was erroneous
and should be corrected;
(2) the plans and specifications could be changed in a
manner materially affecting the cost of the drainage project
without interfering with efficiency; and
(3) with the correction or modification a contract could be
awarded within the 30 percent limitation and equal to or less
than benefits.
(c) If the drainage authority determines that the amended
changes affect the amount of benefits or damages to any property
or that the benefits should be reexamined because of inflated
land values or inflated construction costs, it shall refer the
viewers' report to the viewers to reexamine the benefits and
damages.
(d) The drainage authority may, by order, direct the
engineer and viewers to amend their detailed survey report and
viewers' report to consider the inflationary cost increases if
the drainage authority determines that:
(1) bids were not received; or
(2) because of inflationary construction cost increases,
construction under the awarded contract cannot be completed for
30 percent or less over the detailed survey cost estimate or in
excess of the benefits, less damages and other costs.
(e) The drainage authority may continue the hearing to give
the engineer or viewers additional time to amend the reports.
The jurisdiction of the drainage authority continues at the
adjourned hearing.
(f) The drainage authority has full authority to consider
the amended reports and make findings and orders. A party may
appeal to the district court under section 19, subdivision 1.
[106A.511]
Sec. 66. [103E.515] [DAMAGES, PAYMENT.]
The board of each county where the damaged property is
located must order the awarded damages to be paid, less any
assessment against the property, before the property is entered
for construction of the drainage project. If a county or a
municipality that is awarded damages requests it, the assessment
may not be deducted. If there is an appeal, the damages may not
be paid until the final determination. If it is not clear who
is entitled to the damages, the board may pay the damages to the
court administrator of the district court of the county. The
court shall direct the court administrator, by order, to pay the
parties entitled to the damages. [106A.515]
Sec. 67. [103E.521] [SUPERVISION OF CONSTRUCTION.]
The drainage authority shall require the engineer to
supervise and inspect the construction under contract. The
drainage authority shall cause the contracts under this chapter
to be performed properly. [106A.521]
Sec. 68. [103E.525] [CONSTRUCTION AND MAINTENANCE OF
BRIDGES AND CULVERTS.]
Subdivision 1. [HYDRAULIC CAPACITY.] A public or private
bridge or culvert may not be constructed or maintained across or
in a drainage system with less hydraulic capacity than specified
in the detailed survey report, except with the written approval
of the director of the division of waters. If the detailed
survey report does not specify the hydraulic capacity, a public
or private bridge or culvert in or across a drainage system
ditch may not be constructed without the director's approval of
the hydraulic capacity.
Subd. 2. [ROAD AUTHORITY RESPONSIBLE FOR CONSTRUCTION.]
Bridges and culverts on public roads required by the
construction or improvement of a drainage project or system must
be constructed and maintained by the road authority responsible
for keeping the road in repair, except as provided in this
section.
Subd. 3. [NOTICE; CHARGING COST.] The auditor shall notify
the state and each railroad company, corporation, or political
subdivision that they are to construct a required bridge or
culvert on a road or right-of-way under their jurisdiction,
within a reasonable time as stated in the notice. If the work
is not done within the prescribed time, the drainage authority
may order the bridge or culvert constructed as part of the
drainage project construction. The cost must be deducted from
the damages awarded to the corporation or collected from it as
an assessment for benefits. If the detailed survey report or
viewers' report shows that the construction of the bridge or
culvert is necessary, the drainage authority may, by order,
retain an amount to secure the construction of the bridge or
culvert from amounts to be paid to a railroad, corporation, or
political subdivision.
Subd. 4. [CONSTRUCTION ON LINE BETWEEN TWO CITIES PAID
EQUALLY.] The costs of constructing a bridge or culvert that is
required by construction of a drainage project on a public road
that is not a state trunk highway on the line between two
statutory or home rule charter cities, whether in the same
county or not, must be paid jointly, in equal shares, by the
cities. The cities shall pay jointly, in equal shares, for the
cost of maintaining the bridge or culvert.
Subd. 5. [CONSTRUCTION ON TOWN AND COUNTY LINES.] The cost
of constructing and maintaining bridges and culverts on a town
or county road across a drainage system ditch constructed along
the boundary line between towns or counties, with excavated
material deposited on the boundary line or within 33 feet of the
line, must be paid equally by the town or county where the
bridge or culvert is located and the other town or county
adjoining the boundary. [106A.525]
Sec. 69. [103E.526] [CONSTRUCTION OF ROAD INSTEAD OF
BRIDGE OR CULVERT.]
If the drainage authority finds that constructing a private
road would be more cost effective or practical than constructing
a bridge or culvert, the drainage authority may order that a
private road be constructed. The private road must be
constructed and maintained in the same manner as a bridge or
culvert. The private road must be constructed in a manner
suitable for farm vehicles, but may not have a right-of-way
wider than 33 feet. The drainage authority has jurisdiction
over the land required for the private road and the road is part
of the drainage system. [106A.526]
Sec. 70. [103E.53] [RULES TO STANDARDIZE FORMS.]
The director may adopt rules to standardize the forms and
sizes of maps, plats, drawings, and specifications in drainage
proceedings. The director must require the permanent grass
strips acquired under section 4 to be shown on the maps and
maintain an inventory of all permanent grass strips acquired by
drainage authorities. [105.40 s. 11]
Sec. 71. [103E.531] [INSPECTION OF DRAINAGE CONSTRUCTION
AND PARTIAL PAYMENTS.]
Subdivision 1. [INSPECTION AND REPORT.] The engineer shall
inspect and require the work as it is being completed to be done
in accordance with the plans, specifications, and contract for
construction. Each month during the work, the engineer shall
report to the drainage authority, in writing, showing the work
completed since the previous report and all materials furnished
under the contract.
Subd. 2. [PRELIMINARY CERTIFICATE.] The engineer shall
issue with the monthly report a preliminary certificate for work
done and approved or materials delivered. The certificate must
contain the station numbers of the work covered by the
certificate and the total value of all work done and the
materials furnished according to the contract. For each ditch
section, the certificate must show the actual volume, in cubic
yards, of the excavation completed. For joint county drainage
systems the certificate must also show the percentage of the
total value to be paid by each county in the proportion fixed by
the drainage authority order. Each certificate must show that a
loss will not occur as a result of a partial payment. A
duplicate of the certificate must be delivered to the auditor of
each affected county.
Subd. 3. [PARTIAL PAYMENT.] The affected counties must pay
the contractor, based on the certificate, 90 percent of the
total value of work done and approved and 90 percent of the
total value of material furnished and delivered. The materials
may only be delivered as required in the course of construction
and authorized by the engineer. [106A.531]
Sec. 72. [103E.535] [PARTIAL PAYMENT OF RETAINED CONTRACT
AMOUNTS.]
Subdivision 1. [PETITION FOR PARTIAL PAYMENT OF RETAINED
VALUE.] If a single contract exceeds $50,000, and the contract,
exclusive of materials furnished and not installed, is one-half
or more complete and the contractor is not in default, the
contractor may file a verified petition with the auditor stating
these facts and requesting that an order be made to pay 40
percent of the retained value of work and material.
Subd. 2. [NOTICE OF HEARING.] When the petition is filed,
the auditor shall set a time and location for a hearing on the
petition before the drainage authority. At least five days
before the date of hearing, the auditor shall give notice by
mail of the date and location of hearing to the engineer, the
attorney for the petitioners, the surety of the contractor's
bond, and auditors of the affected counties.
Subd. 3. [HEARING.] At the hearing the drainage authority
shall hear all parties interested. If the drainage authority
determines that the facts in the petition are correct, the work
has been performed in a satisfactory manner, and a portion of
the retained percentage may be released without endangering the
interests of affected counties, the drainage authority shall
state the findings and may order not more than 40 percent of the
retained value of work and material to be paid. [106A.535]
Sec. 73. [103E.541] [EXTENSION OF TIME ON CONTRACTS.]
The auditors of affected counties may extend the time for
the performance of a contract as provided in this section. The
contractor may apply, in writing, for an extension of the
contract. Notice of the application must be given to: (1) the
engineer and the attorney for the petitioners; and (2) for a
joint county drainage project, to the auditors of the affected
counties. The auditors may grant an extension if sufficient
reasons are shown. The extension does not affect a claim for
liquidated damages that may arise after the original time
expires and before an extension or a claim that may arise after
the time for the extension expires. [106A.541]
Sec. 74. [103E.545] [REDUCTION OF CONTRACTOR'S BOND.]
Subdivision 1. [APPLICATION TO DRAINAGE AUTHORITY.] The
contractor, at the end of each season's work and before the
contract is completed, may make a verified application to the
drainage authority to reduce the contractor's bond and file the
application with the auditor. The application must state:
(1) the work certified as completed by the engineer;
(2) the value of the certified work;
(3) the amount of money received by the contractor and the
amount retained by the drainage authority;
(4) the amount unpaid by the contractor for labor or
material furnished on the contract; and
(5) a request for an order to reduce the amount of the
contractor's bond.
The application must be filed with the auditor.
Subd. 2. [NOTICE OF HEARING.] When an application is
filed, the auditor, by order, shall set the time and location
for a hearing on the application. Ten days before the hearing,
notice of the hearing must be published in each affected county
and notice by mail given to the engineer, the attorney for the
petitioners, and the auditor of each affected county. The
contractor must pay the cost of publishing the hearing notice.
Subd. 3. [HEARING; REDUCTION OF BOND.] The drainage
authority may, by order, reduce the contractor's bond if it
determines that the contractor is not in default and that a loss
will not result from reducing the bond. The bond may be reduced
to an amount sufficient to protect the affected counties from
loss and damage, but the reduction:
(1) may not be more than 35 percent of the amount already
paid to the contractor;
(2) may not affect the remaining amount of the bond;
(3) does not affect liability incurred on the bond before
the reduction; and
(4) does not affect a provision for a three-year guaranty
of tile work. [106A.545]
Sec. 75. [103E.551] [CONTRACTOR'S DEFAULT.]
Subdivision 1. [NOTICE.] If a contractor defaults in the
performance of the contract, the auditor shall mail a notice of
the default to the contractor, the surety of the contractor's
bond, the engineer, and the auditors of the affected counties.
The notice must specify the default and state that if the
default is not promptly removed and the contract completed, the
unfinished portion of the contract will be awarded to another
contractor.
Subd. 2. [COMPLETION OF CONTRACT BY SURETY.] If the surety
of the contractor's bond promptly proceeds with the completion
of the contract, the affected auditors may grant an extension of
time. If the contract is completed by the surety, the balance
due on the contract must be paid to the surety, less damages
incurred by the affected counties from the default.
Subd. 3. [AWARDING OF CONTRACT; RECOVERY ON BOND.] If the
surety of the contractor's bond does not undertake the
completion of the contract or does not complete the contract
within the time specified or extended, auditors of the affected
counties shall advertise for bids to complete the contract in
the manner provided in the original awarding of contracts. The
drainage authority may recover the increased amounts paid to a
subsequent contractor after reselling the work, and damages
incurred by affected counties, from the first contractor's bond.
[106A.551]
Sec. 76. [103E.555] [ACCEPTANCE OF CONTRACT.]
Subdivision 1. [ENGINEER'S REPORT AND NOTICE.] When a
contract is completed, the engineer shall make a report to the
drainage authority showing the contract price, the amount paid
on certificates, the unpaid balance, and the work that is
completed under the contract. When the report is filed, the
auditor shall set a time and location for a hearing on the
report. The auditor shall give notice of the hearing by
publication or notice by mail at least ten days before the
hearing to the owners of affected property. The notice must
state that the report is filed, the time and location for the
hearing, and that a party objecting to the acceptance of the
contract may appear and be heard.
Subd. 2. [HEARING.] At the hearing the drainage authority
may, by order, direct payment of the balance due if it
determines that the contract has been completed in accordance
with the plans and specifications. If good cause is shown, the
drainage authority may waive any part of the liquidated damages
accruing under the contract. When the order is filed, the
auditor shall draw a warrant on the treasurer of the county for
the balance due on the contract. For a joint county drainage
project or system the auditor shall make an order to the
auditors of the affected counties to pay for their proportionate
shares of the balance due on the contract. After receiving the
order, the auditor of each affected county shall draw a warrant
on the treasurer of the county for the amount specified in the
order. [106A.555]
FUNDING, COLLECTION, AND PAYMENT OF DRAINAGE SYSTEM COSTS
Sec. 77. [103E.601] [DRAINAGE LIEN STATEMENT.]
Subdivision 1. [DETERMINATION OF PROPERTY LIABILITY.] When
the contract for the construction of a drainage project is
awarded, the auditor of an affected county shall make a
statement showing the total cost of the drainage project with
the estimated cost of all items required to complete the work.
The cost must be prorated to each tract of property affected in
direct proportion to the benefits. The cost, less any damages,
is the amount of liability for each tract for the drainage
project. The property liability must be shown in the tabular
statement as provided in subdivision 2, opposite the property
owner's name and description of each tract of property. The
amount of liability on a tract of property for establishment and
construction of a drainage project may not exceed the benefits
determined in the proceedings that accrue to the tract.
Subd. 2. [DRAINAGE LIEN STATEMENT.] The auditor of each
affected county shall make a lien statement in tabular form
showing:
(1) the names of the property owners, corporate entities,
or political subdivisions of the county benefited or damaged by
the construction of the drainage project in the viewers' report
as approved by the final order for establishment;
(2) the description of the property in the viewers' report,
and the total number of acres in each tract according to the
county tax lists;
(3) the number of acres benefited or damaged in each tract
shown in the viewers' report;
(4) the amount of benefits and damages to each tract of
property as stated in the viewers' report and confirmed by the
final order that established the drainage project unless the
order is appealed and a different amount is set; and
(5) the amount each tract of property will be liable for
and must pay to the county for the establishment and
construction of the drainage project.
Subd. 3. [SUPPLEMENTAL DRAINAGE LIEN STATEMENT.] If any
items of the cost of the drainage project have been omitted from
the original drainage lien statement, a supplemental drainage
lien statement with the omitted items must be made and recorded
in the same manner provided for a drainage lien statement. The
total amount of the original drainage lien and any supplemental
drainage liens may not exceed the benefits.
Subd. 4. [RECORDING DRAINAGE LIEN STATEMENT.] The lien
against property in the drainage lien statement and supplemental
drainage lien statements must be certified by the auditor and
recorded on each tract by the county recorder of the county
where the tract is located. The county recorder's fees for
recording must be paid if allowed by the board. The drainage
lien statement and any supplemental drainage lien statements,
after recording, must be returned and preserved by the auditor.
[106A.601]
Sec. 78. [103E.605] [EFFECT OF FILED DRAINAGE LIEN.]
The amount recorded from the drainage lien statement and
supplemental drainage lien statement that each tract of property
will be liable for, and the interest allowed on that amount, is
a drainage lien on the property. The drainage lien is a first
and paramount lien until fully paid, and has priority over all
mortgages, charges, encumbrances, and other liens, unless the
board subordinates the drainage lien to liens of record. The
recording of the drainage lien, drainage lien statement, or a
supplemental drainage lien statement is notice to all parties of
the existence of the drainage lien. [106A.605]
Sec. 79. [103E.611] [PAYMENT OF DRAINAGE LIENS AND
INTEREST.]
Subdivision 1. [PAYMENT OF DRAINAGE LIEN PRINCIPAL.] (a)
Drainage liens against property benefited under this chapter are
payable to the treasurer of the county in 20 or less equal
annual installments. The first installment of the principal is
due on or before November 1 after the drainage lien statement is
recorded, and each subsequent installment is due on or before
November 1 of each year afterwards until the principal is paid.
(b) The drainage authority may, by order, direct the
drainage lien to be paid by 1/15 of the principal on or before
five years from November 1 after the lien statement is recorded,
and 1/15 on or before November 1 of each year afterwards until
the principal is paid.
(c) The drainage authority may order that the drainage lien
must be paid by one or two installments, notwithstanding
paragraphs (a) and (b), if the principal amount of a lien
against a lot or tract of property or against a county or
municipality is less than $50.
Subd. 2. [INTEREST.] (a) Interest is an additional
drainage lien on all property until paid. The interest rate on
the drainage lien principal from the date the drainage lien
statement is recorded must be set by the board, but may not
exceed the rate determined by the state court administrator for
judgments under section 549.09.
(b) Before the tax lists for the year are given to the
county treasurer, the auditor shall compute the interest on the
unpaid balance of the drainage lien at the rate set by the
board. The amount of interest must be computed on the entire
unpaid principal from the date the drainage lien was recorded to
August 15 of the next calendar year, and afterwards from August
15 to August 15 of each year.
(c) Interest is due and payable after November 1 of each
year the drainage lien principal or interest is due and unpaid.
Subd. 3. [COLLECTION OF PAYMENTS.] Interest and any
installment due must be entered on the tax lists for the year.
The installment and interest must be collected in the same
manner as real estate taxes for that year by collecting one-half
of the total of the installment and interest with and as a part
of the real estate taxes.
Subd. 4. [PREPAYMENT OF INTEREST.] Interest may be paid at
any time, computed to the date of payment, except that after the
interest is entered on the tax lists for the year, it is due as
entered, without a reduction for prepayment.
Subd. 5. [PAYMENT OF DRAINAGE LIENS WITH BONDS.] The board
may direct the county treasurer to accept any outstanding bond
that is a legal obligation of the county under this chapter
issued on account of a drainage lien in payment of drainage
liens under the provisions of this chapter. The bonds must be
accepted at their par value plus accrued interest.
Subd. 6. [DRAINAGE LIEN RECORD.] The auditor shall keep a
drainage lien record for each drainage project and system
showing the amount of the drainage lien remaining unpaid against
each tract of property.
Subd. 7. [COLLECTION AND ENFORCEMENT OF DRAINAGE LIENS.]
The provisions of law that exist relating to the collection of
real estate taxes are adopted to enforce payment of drainage
liens. If there is a default, a penalty may not be added to an
installment of principal and interest, but each defaulted
payment, principal, and interest draws interest from the date of
default until paid at the rate determined by the state court
administrator for judgments under section 549.09. [106A.611]
Sec. 80. [103E.615] [ENFORCEMENT OF ASSESSMENTS.]
Subdivision 1. [MUNICIPALITIES.] Assessments filed for
benefits to a municipality are a liability of the municipality
and are due and payable with interest in installments on
November 1 of each year as provided in section 79. If the
installments and interest are not paid on or before November 1,
the amount due with interest added as provided in section 79
must be extended by the county auditor against all property in
the municipality that is liable to taxation. A levy must be
made and the amount due must be paid and collected in the same
manner and time as other taxes.
Subd. 2. [COUNTY OR STATE-AID ROAD.] If a public road
benefited is a county or state-aid road, the assessment filed is
against the county and must be paid out of the road and bridge
fund of the county.
Subd. 3. [STATE TRUNK HIGHWAY.] An assessment against the
state for benefits to trunk highways is chargeable to and
payable out of the trunk highway fund. The commissioner of
transportation shall pay assessments from the trunk highway fund
after receipt of a certified copy of the assessment against the
state for benefits to a trunk highway.
Subd. 4. [ASSESSMENT FOR VACATED TOWN ROADS.] If a town is
assessed for benefits to a town road in a drainage project
proceeding under this chapter and the town road is later vacated
by the town board under section 164.07, the town board may
petition the drainage authority to cancel the assessment. The
drainage authority may cancel the assessment if it finds that
the town road for which benefits are assessed has been vacated
under section 164.07.
Subd. 5. [STATE PROPERTY.] State property, including rural
credit property, is assessable for benefits received. The
assessment must be paid by the state from funds appropriated and
available for drainage assessments after the state officer
having jurisdiction over the assessed property certifies the
assessment to the commissioner of finance.
Subd. 6. [ASSESSMENTS ON WILDLIFE LANDS TO BE PAID FROM
WILDLIFE ACQUISITION FUND.] An assessment against state land
acquired for wildlife habitat shall be paid from the game and
fish fund as provided in section 97A.071, subdivision 4.
Subd. 7. [RAILROAD AND UTILITY PROPERTY.] Property owned
by a railroad or other utility corporation benefited by a
drainage project is liable for the assessments of benefits on
the property as other taxable property. From the date the
drainage lien is recorded, the amount of the assessment with
interest is a lien against all property of the corporation
within the county. Upon default the assessment may be collected
by civil action or the drainage lien may be foreclosed by action
in the same manner as provided by law for the foreclosure of
mortgage liens. The county where the drainage lien is filed has
the right of action against the corporation to enforce and
collect the assessment. [106A.615]
Sec. 81. [103E.621] [SATISFACTION OF LIENS.]
When a drainage lien with the accumulated interest is fully
paid, the auditor shall issue a certificate of payment with the
auditor's official seal and record the certificate with the
county recorder. The recorded certificate releases and
discharges the drainage lien. The auditor may collect 25 cents
for each description in the certificate. The auditor's fee and
the fee of the county recorder must be paid from the account for
the drainage system. [106A.621]
Sec. 82. [103E.625] [SUBDIVISION BY PLATTING MUST HAVE
LIENS APPORTIONED.]
A tract of property with a drainage lien that is subdivided
by platting is not complete and the plat may not be recorded
until the drainage liens against the tracts are apportioned and
the apportionment is filed with the county recorder of the
county where the tract is located. [106A.625]
Sec. 83. [103E.631] [APPORTIONMENT OF LIENS.]
Subdivision 1. [PETITION.] A person who has an interest in
property that has a drainage lien attached to it may petition
the drainage authority to apportion the lien among specified
portions of the tract if the payments of principal and interest
on the property are not in default.
Subd. 2. [NOTICE.] When the petition is filed, the
drainage authority shall, by order, set a time and location for
a hearing on the petition. The drainage authority shall give
notice of the hearing by personal service to the auditor, the
occupants of the tract, and all parties having an interest in
the tract as shown by the records in the county recorder's
office. The service must be made at least ten days before the
hearing. If personal service cannot be made to all interested
persons, notice may be given by publication. The petitioner
shall pay the costs for service or publication.
Subd. 3. [HEARING.] The drainage authority shall hear all
related evidence and, by order, apportion the lien. A certified
copy of the order must be recorded in the county recorder's
office and filed with the auditor. [106A.631]
Sec. 84. [103E.635] [DRAINAGE BOND ISSUES.]
Subdivision 1. [AUTHORITY.] After the contract for the
construction of a drainage project is awarded, the board of an
affected county may issue the bonds of the county in an amount
necessary to pay the cost of establishing and constructing the
drainage project.
Subd. 2. [SINGLE ISSUE FOR TWO OR MORE DRAINAGE SYSTEMS.]
The board may include two or more drainage systems in a single
drainage bond issue. The total amount of the drainage bond
issue may not exceed the total cost, including expenses, to be
assessed to pay for the drainage systems. The total cost to be
assessed must be determined or estimated by the board when the
drainage bonds are issued.
Subd. 3. [SECURITY AND SOURCE OF PAYMENT.] The drainage
bonds must be issued in accordance with chapter 475 and must
pledge the full faith, credit, and resources of the county for
the prompt payment of the principal and interest of the drainage
bonds. The drainage bonds are primarily payable from the funds
of the drainage systems financed by the bonds or from the common
drainage bond redemption fund of the county. The common
drainage bond redemption fund may be created by resolution of
the county board as a debt redemption fund for the payment of
drainage bonds issued under this chapter.
Subd. 4. [PAYMENT PERIOD AND INTEREST ON DRAINAGE BONDS.]
(a) The board shall determine, by resolution:
(1) the time of payment for the drainage bonds, not to
exceed 23 years from their date of issue;
(2) the rates of interest for the drainage bonds, with the
net average rate of interest over the term of the bonds not to
exceed the rate established under section 475.55; and
(3) whether the drainage bonds are payable annually or
semiannually.
(b) The board shall determine the years and amounts of
principal maturities that are necessary by the anticipated
collections of the drainage systems assessments, without regard
to any limitations on the maturities imposed by section 475.54.
Subd. 5. [TEMPORARY DRAINAGE BONDS MATURING IN TWO YEARS
OR LESS.] The board may issue and sell temporary drainage bonds
under this subdivision maturing not more than two years after
their date of issue, instead of bonds as provided under
subdivision 4. The county shall issue and sell definitive
drainage bonds before the maturity of bonds issued under this
subdivision and use the proceeds to pay for the temporary
drainage bonds and interest to the extent that the temporary
bonds are not paid for by assessments collected or other
available funds. The holders of temporary drainage bonds and
the taxpayers of the county have and may enforce by mandamus or
other appropriate proceedings:
(1) all rights respecting the levy and collection of
assessments sufficient to pay the cost of drainage proceedings
and construction financed by the temporary drainage bonds that
are granted by law to holders of other drainage bonds, except
the right to require levies to be collected before the temporary
drainage bonds mature; and
(2) the right to require the offering of definitive
drainage bonds for sale, or to require the issuance of
definitive drainage bonds in exchange for the temporary drainage
bonds, on a par for par basis, bearing interest at the rate
established under section 475.55 if the definitive drainage
bonds have not been sold and delivered before the maturity of
the temporary drainage bonds.
Subd. 6. [DEFINITIVE DRAINAGE BONDS.] The definitive
drainage bonds issued in exchange for an issue of temporary
drainage bonds must be numbered and mature serially at times and
in amounts to allow the principal and interest to be paid when
due by the collection of assessments levied for the drainage
systems financed by the temporary bond issue. The definitive
bonds are subject to redemption and prepayment on any interest
payment date when the county notifies the definitive bondholders
who have registered their names and addresses with the county
treasurer. The bondholders must be notified by mail 30 days
before the interest payment date. The definitive bonds must be
delivered in order of their serial numbers, lowest numbers
first, to the holders of the temporary drainage bonds in order
of the serial numbers of the bonds held by them.
Subd. 7. [SALE OF DEFINITIVE DRAINAGE BONDS.] The board
must sell and negotiate the definitive drainage bonds for at
least their par value. The definitive bonds must be sold in
accordance with section 475.60.
Subd. 8. [COUNTY INVESTMENT, PURCHASE, AND SELLING OF
TEMPORARY DRAINAGE BONDS.] (a) Funds of the issuing county may
be invested in temporary drainage bonds under sections 471.56
and 475.66, except that the temporary drainage bonds may be:
(1) purchased by the county when the temporary drainage
bonds are initially issued;
(2) purchased only out of funds that the board determines
will not be required for other purposes before the temporary
drainage bonds mature; and
(3) resold before the temporary drainage bonds mature only
if there is an unforeseen emergency.
(b) If a temporary drainage bond purchase is made from
money held in a sinking fund for other bonds of the county, the
holders of the other bonds may enforce the county's obligation
to sell definitive bonds at or before the maturity of the
temporary drainage bonds, or exchange the other bonds, in the
same manner as holders of the temporary drainage bonds.
Subd. 9. [DELIVERY OF BONDS AS DRAINAGE WORK PROCEEDS.]
The board may provide in the contract for the sale of drainage
bonds, temporary drainage bonds, and definitive drainage bonds,
that the bonds are delivered as the drainage work proceeds and
the money is needed, and that interest is paid only from the
date of delivery.
Subd. 10. [BOND RECITAL.] Each drainage bond, temporary
drainage bond, and definitive drainage bond must contain a
recital that it is issued by authority of and in strict
accordance with this chapter. The recital is conclusive in
favor of the holders of the bonds as against the county, that
the drainage project has been properly established, that
property within the county is subject to assessment for benefits
in an amount not less than the amount of the bonds, and that all
proceedings and construction relative to the drainage systems
financed by the bonds have been or will be made according to law.
Subd. 11. [HOW BONDS MAY BE PAID.] The board may pay
drainage bonds, temporary drainage bonds, and definitive
drainage bonds issued under this chapter from any available
funds in the county treasury if the money in the common drainage
bond redemption fund or in the drainage fund for the issued
bonds is insufficient. The county treasury funds that money is
transferred from must be reimbursed, with interest at a rate of
seven percent per year for the time the money is actually
needed, from assessments on the drainage systems or from the
sale of drainage funding bonds. [106A.635]
Sec. 85. [103E.641] [DRAINAGE FUNDING BONDS.]
Subdivision 1. [AUTHORITY.] The board may issue drainage
funding bonds under the conditions and terms in this section.
Subd. 2. [CONDITIONS FOR ISSUANCE.] Drainage funding bonds
may be issued if:
(1) money in a drainage system account or in the common
drainage bond redemption fund will not be sufficient to pay the
principal and interest of the drainage bonds payable from the
funds and becoming due within one year afterwards; or
(2) the county has paid any of the principal or interest on
any of its drainage bonds from county funds other than the fund
from which the bonds are payable, or by the issuance of county
warrants issued and outstanding.
Subd. 3. [AUDITOR'S CERTIFICATE.] (a) Before drainage
funding bonds are authorized or issued under this section, the
county auditor shall first sign and seal a certificate and
present the certificate to the board. The board shall enter the
certificate in its records. The certificate must state in
detail, for each of the several drainage systems:
(1) the amount that will be required to pay an existing
shortage under subdivision 2; and
(2) the probable amount that will be required to pay the
principal and interest of the county's outstanding drainage
bonds that become due within one year afterwards.
(b) The certificate is conclusive evidence that the county
has authority to issue bonds under the provisions of this
section in an amount that does not exceed the aggregate amount
specified in the auditor's certificate.
Subd. 4. [ISSUANCE OF BONDS.] When the auditor's
certificate is entered in the board's records, the board may
issue and sell, from time to time, county drainage funding bonds
for the same drainage purposes as the funds listed in the
certificate were used. The bonds must be designated drainage
funding bonds. The board shall authorize issuance of the
drainage funding bonds by resolution. The drainage funding
bonds must be sold, issued, bear interest, and obligate the
county as provided in section 84 for drainage bonds. The
drainage funding bonds must mature serially in annual
installments that are payable within 15 years.
Subd. 5. [APPLICATION OF BOND PROCEEDS.] The proceeds of
drainage funding bonds that are paid into the treasury must be
applied to the purpose for which they are issued.
Subd. 6. [COUNTY BOND OBLIGATION.] Drainage funding bonds
are general obligations of the county but are not included in
determining the county's net indebtedness under any law.
[106A.641]
Sec. 86. [103E.645] [ALLOWANCE AND PAYMENT OF FEES AND
EXPENSES.]
Subdivision 1. [FEES AND EXPENSES.] The fees and expenses
in this section are allowed and must be paid for services
provided under this chapter.
Subd. 2. [ENGINEER, ENGINEER'S ASSISTANTS, AND OTHER
EMPLOYEES.] The compensation of the engineer, the engineer's
assistants, and other employees is on a per diem basis and must
be set by order of the drainage authority. The order setting
compensation must provide for payment of the actual and
necessary expenses of the engineer, the engineer's assistants,
and other employees, including the cost of the engineer's bond.
Subd. 3. [VIEWERS.] Each viewer may be paid for every
necessary day the viewer is engaged on a per diem basis and for
the viewer's actual and necessary expenses. The compensation
must be set by the drainage authority.
Subd. 4. [BOARD MEMBERS.] Each member of the board may be
paid a per diem under section 375.055, subdivision 1, and actual
and necessary expenses incurred while actually employed in
drainage proceedings or construction, or in the inspection of
any drainage system if the board member is appointed to a
committee for that purpose.
Subd. 5. [AUDITOR, ATTORNEY FOR THE PETITIONERS, AND OTHER
COUNTY OFFICIALS.] The county auditor and the attorney for the
petitioners must each be paid reasonable compensation for
services actually provided as determined by the drainage
authority. The fees and compensation of all county officials in
drainage proceedings and construction are in addition to other
fees and compensation allowed by law.
Subd. 6. [PETITIONERS' BOND.] The cost of the petitioners'
bond must be allowed and paid.
Subd. 7. [PAYMENT.] The fees and expenses provided for in
this chapter for a drainage project or system in one county must
be audited, allowed, and paid by order of the board or for a
drainage project or system in more than one county must be
audited, allowed, and paid by order of the drainage authority
after ten days' written notice to each affected county. The
notice must be given by the auditor to the auditors of affected
counties. The notice must state the time and location of the
hearing and that all bills on file with the auditor at the date
of the notice must be presented for hearing and allowance.
[106A.645]
Sec. 87. [103E.651] [DRAINAGE SYSTEM ACCOUNT.]
Subdivision 1. [FUNDS FOR DRAINAGE SYSTEM COSTS.] The
board shall provide funds to pay the costs of drainage projects
and systems.
Subd. 2. [DRAINAGE SYSTEM ACCOUNT.] The auditor shall keep
a separate account for each drainage system. The account must
be credited with all money from the sale of bonds and bond
premiums and all money received from interest, liens,
assessments, and other sources for the drainage system. The
account must be debited with every item of expense made for the
drainage system.
Subd. 3. [INVESTMENT OF SURPLUS FUNDS.] If a drainage
system account or the common drainage bond redemption fund has a
surplus over the amount required for payment of obligations
presently due and payable from the account or fund, the board
may invest any part of the surplus in bonds or certificates of
indebtedness of the United States or of the state.
Subd. 4. [DORMANT DRAINAGE SYSTEM ACCOUNT TRANSFERRED TO
GENERAL REVENUE FUND.] If a surplus has existed in a drainage
system account for a period of 20 years or more and there have
not been any expenditures from the account during the period,
the board, by a unanimous resolution, may transfer the surplus
remaining in the drainage system account to the general revenue
fund of the county. [106A.651]
Sec. 88. [103E.655] [PAYMENT OF DRAINAGE SYSTEM COSTS.]
Subdivision 1. [PAYMENT MADE FROM DRAINAGE SYSTEM
ACCOUNT.] The costs for a drainage project proceeding and
construction must be paid from the drainage system account by
drawing on the account.
Subd. 2. [INSUFFICIENT FUNDS; TRANSFER FROM OTHER
ACCOUNTS.] If money is not available in the drainage system
account on which the warrant is drawn, the board may, by
unanimous resolution, transfer funds from any other drainage
system account under its jurisdiction or from the county general
revenue fund to the drainage system account. If the board
transfers money from another account or fund to a drainage
system account, the money plus interest must be reimbursed from
the proceeds of the drainage system that received the transfer.
The interest must be computed for the time the money is actually
needed at the same rate per year charged on drainage liens and
assessments.
Subd. 3. [WARRANT ON ACCOUNT WITH INSUFFICIENT FUNDS;
INTEREST ON WARRANT.] If a warrant is issued by the auditor
under this chapter and there is not enough money in the drainage
system account to pay the warrant when it is presented, the
county treasurer shall endorse the warrant "Not paid for want of
funds" with the date and treasurer's signature. Interest on the
warrant must be at the rate of six percent per year and paid
annually from available funds until the warrant is called in and
paid by the treasurer. Interest may not be paid on a warrant
after money is available to the treasurer to pay the warrants.
The warrant is a general obligation of the county issuing the
warrant. [106A.655]
Sec. 89. [103E.661] [EXAMINATION AND ESTABLISHMENT OF
DRAINAGE SYSTEM ACCOUNTS BY STATE AUDITOR.]
Subdivision 1. [STATE AUDITOR MUST EXAMINE ACCOUNTS UPON
APPLICATION.] A county may apply, by resolution, to the state
auditor to examine the accounts and records of any or all
drainage systems in the county.
Subd. 2. [ESTABLISHMENT OF ACCOUNTS.] The auditor must
establish a system of accounts for each drainage system applied
for in the county.
Subd. 3. [PAYMENT OF EXPENSES.] The compensation and
travel and hotel expenses of the examining accountant must be
audited, allowed, and paid into the state treasury by the board.
The money must be credited to the general fund. The county
auditor shall apportion the expenses among the drainage systems
in the county. [106A.661]
PROCEDURE TO REPAIR DRAINAGE SYSTEMS
Sec. 90. [103E.701] [REPAIRS.]
Subdivision 1. [DEFINITION.] The term "repair," as used in
this section, means to restore all or a part of a drainage
system as nearly as practicable to the same condition as
originally constructed and subsequently improved, including
resloping of ditches and leveling of waste banks if necessary to
prevent further deterioration, realignment to original
construction if necessary to restore the effectiveness of the
drainage system, and routine operations that may be required to
remove obstructions and maintain the efficiency of the drainage
system. [106A.701 s. 1]
Subd. 2. [REPAIRS AFFECTING PUBLIC WATERS.] Before a
repair is ordered, the drainage authority must notify the
commissioner if the repair may affect public waters. If the
commissioner disagrees with the repair depth, the engineer, a
representative appointed by the director, and a soil and water
conservation district technician must jointly determine the
repair depth using soil borings, field surveys, and other
available data or appropriate methods. Costs for determining
the repair depth beyond the initial meeting must be shared
equally by the drainage system and the commissioner. The
determined repair depth must be recommended to the drainage
authority. The drainage authority may accept the joint
recommendation and proceed with the repair. [106A.701 s. 1a]
Subd. 3. [REPAIR OF TOWN DITCHES.] The town board has the
power of a drainage authority to repair a town drainage system
located within the town. [106A.701 s. 2]
Subd. 4. [BRIDGES AND CULVERTS.] (a) Highway bridges and
culverts constructed on a drainage system established on or
after March 25, 1947, must be maintained by the road authority
charged with the duty of maintenance under section 68.
(b) Private bridges or culverts constructed as a part of a
drainage system established by proceedings that began on or
after March 25, 1947, must be maintained by the drainage
authority as part of the drainage system. Private bridges or
culverts constructed as a part of a drainage system established
by proceedings that began before March 25, 1947, may be
maintained, repaired, or rebuilt and any portion paid for as
part of the drainage system by the drainage authority.
(c) For a repair of a drainage system that has had
redetermination of benefits under section 59, the drainage
authority may repair or rebuild existing bridges or culverts on
town and home rule charter and statutory city roads constructed
as part of the drainage system and any portion of the cost may
be paid by the drainage system. [106A.701 s. 3]
Subd. 5. [CONSTRUCTION OF ROAD INSTEAD OF BRIDGE OR
CULVERT.] In a repair proceeding under sections 90 to 100, if
the drainage authority finds that constructing a private road is
more cost-effective or practical than constructing a bridge or
culvert, a drainage authority may order a private road to be
constructed under section 69, instead of a bridge or culvert.
[106A.701 s. 4]
Sec. 91. [103E.705] [REPAIR PROCEDURE.]
Subdivision 1. [INSPECTION.] After the construction of a
drainage system has been completed, the drainage authority shall
maintain the drainage system that is located in its jurisdiction
including grass strips under section 4 and provide the repairs
necessary to make the drainage system efficient. The drainage
authority shall have the drainage system inspected on a regular
basis by an inspection committee of the drainage authority or a
drainage inspector appointed by the drainage authority.
[106A.705 s. 1]
Subd. 2. [GRASS STRIP INSPECTION AND COMPLIANCE NOTICE.]
(a) The drainage authority having jurisdiction over a drainage
system must inspect the drainage system for violations of
section 4. If an inspection committee of the drainage authority
or a drainage inspector determines that permanent grass strips
are not being maintained in compliance with section 4, a
compliance notice must be sent to the property owner.
(b) The notice must state:
(1) the date the ditch was inspected;
(2) the persons making the inspection;
(3) that spoil banks are to be spread in a manner
consistent with the plan and function of the drainage system and
the drainage system has acquired a grass strip 16-1/2 feet in
width or to the crown of the spoil bank, whichever is greater;
(4) the violations of section 4;
(5) the measures that must be taken by the property owner
to comply with section 4 and the date when the property must be
in compliance; and
(6) that if the property owner does not comply by the date
specified, the drainage authority will perform the work
necessary to bring the area into compliance with section 4 and
charge the cost of the work to the property owner.
(c) If a property owner does not bring an area into
compliance with section 4 as provided in the compliance notice,
the inspection committee or drainage inspector must notify the
drainage authority.
(d) This subdivision applies to property acquired under
section 4. [106A.705 s. 1a]
Subd. 3. [DRAINAGE INSPECTION REPORT.] For each drainage
system that the board designates and requires the drainage
inspector to examine, the drainage inspector shall make a
drainage inspection report in writing to the board after
examining a drainage system, designating portions that need
repair or maintenance of grass strips and the location and
nature of the repair or maintenance. The board shall consider
the drainage inspection report at its next meeting and may
repair all or any part of the drainage system as provided under
this chapter. The grass strips must be maintained in compliance
with section 4. [106A.705 s. 2]
Subd. 4. [INSPECTION REPORT TO DRAINAGE AUTHORITY.] If the
inspection committee or drainage inspector reports, in writing,
to the drainage authority that maintenance of grass strips or
repairs are necessary on a drainage system and the report is
approved by the drainage authority, the maintenance or repairs
must be made under this section. [106A.705 s. 3]
Subd. 5. [REPAIRS LESS THAN $50,000.] If the drainage
authority finds that the estimated cost of repairs and
maintenance of one drainage system for one year will be less
than the greater of $50,000 or $1,000 per mile of open ditch in
the ditch system, it may have the repair work done by hired
labor and equipment without advertising for bids or entering
into a contract for the repair work. [106A.705 s. 4]
Subd. 6. [ANNUAL REPAIR ASSESSMENT LEVY LIMITS.] The
drainage authority may give notice of and hold a hearing on the
repair levy before ordering the levy of an assessment for
repairs. In one calendar year the drainage authority may not
levy an assessment for repairs or maintenance on one drainage
system for more than 20 percent of the benefits of the drainage
system, $1,000 per mile of open ditch in the ditch system, or
$50,000, whichever is greater, except for a repair made after a
disaster as provided under subdivision 7 or under the petition
procedure. [106A.705 s. 5]
Subd. 7. [REPAIR AND CONSTRUCTION AFTER DISASTER.] The
drainage authority may repair and reconstruct the drainage
system without advertising for bids and without regard to the
$1,000 per mile of open ditch or $50,000 limitation if:
(1) a drainage system is destroyed or impaired by floods,
natural disaster, or unforeseen circumstances;
(2) the area where the drainage system is located has been
declared a disaster area by the President of the United States
and federal funds are available for repair or reconstruction;
and
(3) the public interests would be damaged by repair or
reconstruction being delayed. [106A.705 s. 6]
Sec. 92. [103E.711] [COST APPORTIONMENT FOR JOINT COUNTY
DRAINAGE SYSTEMS.]
Subdivision 1. [REPAIR COST STATEMENT.] For a joint county
drainage system the auditor of a county that has made repairs
may present a repair cost statement at the end of each year, or
other convenient period after completion, to each affected
county. The repair cost statement must show the nature and cost
of the repairs to the drainage system and must be based on the
original apportionment of cost following the establishment of
the drainage system. If a board approves the repair costs, the
amount of the statement must be paid to the county submitting
the statement.
Subd. 2. [REPAIR COST STATEMENT NOT PAID.] (a) If a county
does not pay the amount of the repair cost statement, the board
of an affected county may petition the joint county drainage
authority. The petition must:
(1) show the nature and necessity of the repairs made to
the drainage system in the county during the period;
(2) show the cost of the repairs; and
(3) request the drainage authority to apportion the costs,
by order, among the affected counties.
(b) When the petition is filed, the drainage authority
shall, by order, set a time and location for a hearing to
apportion the costs, and direct the auditor to give notice of
the hearing to each affected county by publication and notice by
mail to its auditor. At or before the hearing, the auditor of
each affected county, except the petitioner, shall file with the
drainage authority a statement showing:
(1) all repairs made to the drainage system in that county,
not previously reimbursed;
(2) the nature and necessity of the repairs; and
(3) the cost of the repairs.
(c) The drainage authority has jurisdiction over the
affected counties and shall hear all interested parties. The
drainage authority shall determine which repairs were necessary
and reasonable and proper costs. For the allowed repairs the
drainage authority shall balance the accounts among the affected
counties, by charging each county with its proportionate share
of the cost of all repairs made and crediting each county with
the amount paid for the repairs. The drainage authority shall
order a just reimbursement among the affected counties. A
certified copy of the order must be filed by the auditor with
the auditors of affected counties, and the boards shall make the
required reimbursement. [106A.711]
Sec. 93. [103E.715] [PROCEDURE FOR REPAIR BY PETITION.]
Subdivision 1. [REPAIR PETITION.] An individual or an
entity interested in or affected by a drainage system may file a
petition to repair the drainage system. The petition must state
that the drainage system needs repair. The auditor shall
present the petition to the board at its next meeting or, for a
joint county drainage system, to the drainage authority within
ten days after the petition is filed.
Subd. 2. [ENGINEER'S REPAIR REPORT.] If the drainage
authority determines that the drainage system needs repair, the
drainage authority shall appoint an engineer to examine the
drainage system and make a repair report. The report must show
the necessary repairs, the estimated cost of the repairs, and
all details, plans, and specifications necessary to prepare and
award a contract for the repairs. The drainage authority may
give notice and order a hearing on the petition before
appointing the engineer.
Subd. 3. [NOTICE OF HEARING.] When the repair report is
filed, the auditor shall promptly notify the drainage authority.
The drainage authority in consultation with the auditor shall
set a time, by order, not more than 30 days after the date of
the order for a hearing on the repair report. At least ten days
before the hearing, the auditor shall give notice by mail of the
time and location of the hearing to the petitioners, owners of
property, and political subdivisions likely to be affected by
the repair in the repair report.
Subd. 4. [HEARING ON REPAIR REPORT.] (a) The drainage
authority shall make findings and order the repair to be made if:
(1) the drainage authority determines from the repair
report and the evidence presented that the repairs recommended
are necessary for the best interests of the affected property
owners; or
(2) the repair petition is signed by the owners of at least
26 percent of the property area affected by and assessed for the
original construction of the drainage system, and the drainage
authority determines that the drainage system is in need of
repair so that it no longer serves its original purpose and the
cost of the repair will not exceed the total benefits determined
in the original drainage system proceeding.
(b) The order must direct the auditor and the chair of the
board or, for a joint county drainage system, the auditors of
the affected counties to proceed and prepare and award a
contract for the repair of the drainage system. The contract
must be for the repair described in the repair report and as
determined necessary by the drainage authority, and be prepared
in the manner provided in this chapter for the original drainage
system construction.
Subd. 5. [APPORTIONMENT OF REPAIR COST FOR JOINT COUNTY
DRAINAGE SYSTEM.] For the repair of a joint county drainage
system, the drainage authority shall, by order, apportion the
repair cost among affected counties in the same manner required
in the original construction of the drainage system.
Subd. 6. [REPAIR BY RESLOPING DITCHES, LEVELING WASTE
BANKS, INSTALLING EROSION CONTROL AND REMOVING TREES.] (a) For a
drainage system that is to be repaired by resloping ditches,
leveling waste banks, installing erosion control measures, or
removing trees, before ordering the repair, the drainage
authority must appoint viewers to assess and report on damages
and benefits if it determines that:
(1) the resloping, leveling, installing erosion control
measures or tree removal will require the taking of any property
not contemplated and included in the original proceeding for the
establishment of the drainage system;
(2) any waste bank leveling will directly benefit property
where the bank leveling is specified; and
(3) the installation of erosion control measures will aid
the long-term efficiency of the drainage system.
(b) The viewers shall assess and report damages and
benefits as provided by sections 51 and 52. The drainage
authority shall hear and determine the damages and benefits as
provided in sections 54, 56, and 57. The hearing shall be held
within 30 days after the property owners' report is mailed.
Damages must be paid as provided by section 51 as a part of the
cost of the repair, and benefits must be added to the benefits
previously determined as the basis for the pro rata assessment
for the repair of the drainage system for the repair proceeding
only. [106A.715]
Sec. 94. [103E.721] [REPLACEMENT AND HYDRAULIC CAPACITY OF
BRIDGES AND CULVERTS.]
Subdivision 1. [REPORT ON HYDRAULIC CAPACITY.] If the
engineer determines in a drainage system repair proceeding that
because of added property under section 99 or otherwise, a
bridge constructed or replaced or culvert installed or replaced
as a part of a drainage system provides inadequate hydraulic
capacity for the efficient operation of the drainage system to
serve its original purpose, the engineer shall make a hydraulic
capacity report to the drainage authority. The hydraulic
capacity report must include plans and specifications for the
recommended replacement of bridges and culverts, the necessary
details to make and award a contract, and the estimated cost.
Subd. 2. [NOTICE.] When the hydraulic capacity report is
filed, the auditor shall promptly notify the drainage authority.
The drainage authority in consultation with the auditor shall,
by order, set a time not more than 30 days after the date of the
order, for a hearing on the report. At least ten days before
the hearing, the auditor shall give notice by mail of the time
and location of the hearing to the petitioners, owners of
property, and political subdivisions likely to be affected by
the repair proposed in the repair report. The notice may be
given in conjunction with and as a part of the repair report
notice, but the notice must specifically state that increasing
the hydraulic capacity will be considered by the drainage
authority at the hearing.
Subd. 3. [REPORT HEARING.] At the hearing on the hydraulic
capacity report, the drainage authority shall hear all
interested parties. If the drainage authority finds that
existing bridges and culverts provide insufficient hydraulic
capacity for the efficient operation of the drainage system as
originally constructed or subsequently improved, the drainage
authority shall make findings accordingly, and may order that
the hydraulic capacity be increased by constructing bridges or
installing culverts of a sufficient capacity. The drainage
authority shall determine and include in the order the type and
plans for the replacement bridges or culverts. The order must
direct the state, political subdivision, railroad company, or
other entity to construct bridges or culverts required by the
order for its road or right-of-way within a reasonable time
stated in the order. The auditor shall notify the state,
political subdivision, railroad company, or other entity to
construct the bridges and culverts in accordance with the order.
Subd. 4. [CONSTRUCTION NOT COMPLETED WITHIN SPECIFIED
TIME.] If the work is not done within the time specified, the
drainage authority may order the bridges and culverts built and
the cost collected as an assessment for benefits.
Subd. 5. [REQUEST FOR CULVERT OR BRIDGE TO BE INSTALLED AS
PART OF REPAIR.] If a political subdivision, railroad company,
or other entity, at the hearing or when notified to construct a
bridge or install a culvert, requests that the bridge or culvert
be installed as part of the repair of the drainage system, the
drainage authority may, by order, direct the cost of the
construction and installation be assessed and collected from the
political subdivision, railroad company, or other entity in the
manner provided by section 97. [106A.721]
Sec. 95. [103E.725] [COST OF REPAIR.]
All fees and costs incurred for proceedings relating to the
repair of a drainage system, including inspections, engineering,
viewing, and publications, are costs of the repair and must be
assessed against the property and entities benefited.
[106A.725]
Sec. 96. [103E.728] [APPORTIONMENT OF REPAIR COSTS.]
Subdivision 1. [GENERALLY.] The cost of repairing a
drainage system shall be apportioned pro rata on all property
and entities that have been assessed benefits for the drainage
system except as provided in this section.
Subd. 2. [ADDITIONAL ASSESSMENT FOR AGRICULTURAL PRACTICES
ON GRASS STRIP.] (a) The drainage authority may, after notice
and hearing, charge an additional assessment on property that
has agricultural practices on or otherwise violates provisions
related to the permanent grass strip acquired under section 4.
(b) The drainage authority may determine the cost of the
repair per mile of open ditch on the ditch system. Property
that is in violation of the grass requirement shall be assessed
a cost of 20 percent of the repair cost per open ditch mile
multiplied by the length of open ditch in miles on the property
in violation.
(c) After the amount of the additional assessment is
determined and applied to the repair cost, the balance of the
repair cost may be apportioned pro rata as provided in
subdivision 1.
Subd. 3. [SOIL LOSS VIOLATIONS.] The drainage authority
after notice and hearing may make special assessments on
property that is in violation of a county soil loss ordinance.
[106A.728]
Sec. 97. [103E.731] [ASSESSMENT; BONDS.]
Subdivision 1. [REPAIR COST OF ASSESSMENTS.] If there is
not enough money in the drainage system account to make a
repair, the board shall assess the costs of the repairs on all
property and entities that have been assessed benefits for the
drainage system.
Subd. 2. [NUMBER OF INSTALLMENTS.] The assessments may be
paid in annual installments specified in the assessment order.
If the assessments are not more than 50 percent of the original
cost of the drainage system, the installments may not exceed
ten. If the assessments are greater than 50 percent of the
original cost of the drainage system, the board may order the
assessments to be paid in 15 or less installments.
Subd. 3. [INTEREST ON ASSESSMENTS.] If the order provides
for payment in installments, interest on unpaid assessments from
the date of the order for assessments must be set by the board
in the order. The interest rate may not exceed seven percent
per year and must be collected with each installment.
Subd. 4. [COLLECTION OF ASSESSMENTS.] If the assessment is
not payable in installments, a lien does not need to be filed,
and the assessment, plus interest from the date of the order to
August 15 of the next calendar year, must be entered on the tax
lists for the year. The assessment and interest are due and
payable with and as a part of the real estate taxes for the
year. If an assessment is levied and payable in installments,
the auditor shall file for the record in the county recorder's
office an additional tabular statement in substance as provided
in section 77, and all the provisions of sections 78, 79, and 80
relating to collection and payment must apply to the
assessment. Upon the filing of the tabular statement, the
installment and interest are due and payable and must be entered
on the tax lists and collected in the same manner as the
original lien.
Subd. 5. [CONDITIONS TO SELL BONDS FOR REPAIR.] If a
contract for drainage system repair has been entered into under
this chapter or the repair has been ordered to be constructed by
hired labor and equipment, and the board has ordered the
assessments to be paid in installments, the board may issue and
sell bonds, as provided by section 84.
Subd. 6. [REPAIR OF STATE DRAINAGE SYSTEM WHEN NO BENEFITS
WERE ASSESSED.] For the repair of a drainage system established
by the state where benefits were not assessed to the property,
the drainage authority shall proceed to appoint viewers to
determine the benefits resulting from the repair and collect
assessments for the repair as provided in this chapter.
[106A.731]
Sec. 98. [103E.735] [DRAINAGE SYSTEM REPAIR FUND.]
Subdivision 1. [AUTHORITY AND LIMITS OF FUND.] To create a
repair fund for a drainage system to be used only for repairs,
the drainage authority may apportion and assess an amount
against all property and entities assessed for benefits in
proceedings for establishment of the drainage system, including
property not originally assessed and subsequently found to be
benefited according to law. The fund may not exceed 20 percent
of the assessed benefits of the drainage system or $40,000,
whichever is greater. If the account in a fund for a drainage
system exceeds the larger of 20 percent of the assessed benefits
of the drainage system or $40,000, assessments for the fund may
not be made until the account is less than the larger of 20
percent of the assessed benefits or $40,000. Assessments must
be made pro rata according to the determined benefits.
Assessments may be made payable, by order, in equal annual
installments. The auditor shall file a tabular statement as
provided in section 97, subdivision 4, with the county
recorder. Assessments must be collected as provided in section
97.
Subd. 2. [TRANSFER OF DRAINAGE SYSTEM.] If a drainage
system within the county has been taken over by a watershed
district, or if responsibility for repair and maintenance of the
drainage system has been assumed by any other governing body,
the board may transfer any remaining surplus of the drainage
system repair fund to the repair fund of the watershed district
or to the appropriate fund of any existing governing body having
responsibility for repair and maintenance of the drainage system.
[106A.735]
Sec. 99. [103E.741] [INCLUSION OF PROPERTY THAT HAS NOT
BEEN ASSESSED BENEFITS.]
Subdivision 1. [CONSIDERATION BY ENGINEER.] In a
proceeding to repair a drainage system, if the engineer
determines or is made aware that property that was not assessed
for benefits for construction of the drainage system has been
drained into the drainage system or has otherwise benefited from
the drainage system, the engineer shall submit a map with the
repair report. The map must show all public and private main
ditches and drains that drain into the drainage system, all
property affected or otherwise benefited by the drainage system,
and the names of the property owners to the extent practicable.
The property owners must be notified of the hearing on the
repair report at least ten days before the hearing. The auditor
must give notice of the time and location of the hearing by mail.
Subd. 2. [APPOINTMENT OF VIEWERS.] At the hearing on the
repair report, if the drainage authority determines that
property not assessed for benefits for the construction of the
drainage system has been benefited by the drainage system, the
drainage authority shall appoint viewers as provided by section
49 before the repair contract is awarded. The viewers shall
determine the benefits to all property and entities benefited by
the original construction of the drainage system and not
assessed for benefits arising from its construction. The
viewers shall make a viewers' repair report to the drainage
authority as provided by section 51. When the viewers' repair
report is filed, the auditor shall give notice of a hearing as
required by section 54 and the drainage authority has
jurisdiction of each tract of property described in the viewers'
report as provided in section 55.
Subd. 3. [VIEWERS' REPAIR REPORT HEARING.] At the hearing
on the viewers' repair report, the drainage authority shall hear
all interested parties and determine the benefits to property
and entities benefited by the original construction of the
drainage system and not assessed for benefits.
Subd. 4. [APPEAL OF ASSESSMENT ORDER.] A person may appeal
from the order determining the assessments as provided by
section 19.
Subd. 5. [PROPERTY BENEFITED IN HEARING ORDER INCLUDED IN
FUTURE PROCEEDINGS.] For the repair of the drainage system under
this section that included the property that was not assessed
and in all future proceedings relating to repairing, cleaning,
improving, or altering the drainage system, the property
benefited in the viewers' report hearing is part of the property
benefited by the drainage system and must be assessed, in the
same manner provided for the assessment of the property
originally assessed for and included in the drainage system.
[106A.741]
Sec. 100. [103E.745] [COST OF REPAIR EXCEEDING BENEFITS IN
ANOKA COUNTY.]
If the cost of the repair of a drainage system exceeds the
benefits determined in the original proceedings for the
establishment of the drainage system, the requirements of
section 29 for improvements of drainage systems apply if:
(1) the repair will result in the drainage of 100 or more
acres of public waters in Anoka county;
(2) the public waters have existed for 15 or more years;
(3) the drainage system has not been substantially repaired
for more than 25 years; and
(4) the physical repair was not started before July 1, 1980.
[106A.745]
CONSOLIDATION, DIVISION, AND ABANDONMENT OF
DRAINAGE SYSTEMS
Sec. 101. [103E.801] [CONSOLIDATION OR DIVISION OF
DRAINAGE SYSTEMS.]
Subdivision 1. [AUTHORITY TO CONSOLIDATE OR DIVIDE.] After
the benefited area of a drainage system has been redetermined by
the drainage authority under section 59 or in connection with
drainage proceedings, the drainage authority may divide one
system into two or more separate systems, consolidate two or
more systems, transfer part of one system to another, or attach
a part of a system that has been abandoned as provided in
section 102 or 103 to another system to provide for the
efficient administration of the system consistent with the
redetermination of the benefited area.
Subd. 2. [INITIATION OF ACTION.] The consolidation or
division may be initiated by the drainage authority on its own
motion or by any party interested in or affected by the drainage
system filing a petition. If the system is under the
jurisdiction of a drainage authority, the petition must be filed
with the auditor. If the system is under the jurisdiction of a
watershed board, the petition must be filed with the secretary
of the board.
Subd. 3. [HEARING.] (a) When a drainage authority or
watershed board directs by resolution or a petition is filed,
the drainage authority in consultation with the auditor or
secretary shall set a time and location for a hearing. The
auditor or secretary shall give notice by publication to all
persons interested in the drainage system. The drainage
authority may consolidate or divide drainage systems, by order,
if it determines that the division of one system into two or
more separate systems, the consolidation of two or more systems,
the transfer of part of one system to another, or the attachment
of a previously abandoned part of a system to another system:
(1) is consistent with the redetermination of the benefited
areas of the drainage system;
(2) would provide for the efficient administration of the
drainage system; and
(3) would be fair and equitable.
(b) An order to consolidate or divide drainage systems does
not release property from a drainage lien or assessment filed
for costs incurred on account of a drainage system before the
date of the order. [106A.801]
Sec. 102. [103E.805] [REMOVAL OF PROPERTY FROM AND PARTIAL
ABANDONMENT OF A DRAINAGE SYSTEM.]
Subdivision 1. [PETITION.] After the construction of a
drainage system, the owner of benefited property may petition
the drainage authority to remove property from the drainage
system or abandon any part of the drainage system that is not of
public benefit and utility and does not serve a substantial
useful purpose to property remaining in the system if:
(1) waters are diverted from property assessed for benefits
so that the drainage from the property does not use or affect
the drainage system; or
(2) a dam authorized by law is constructed in the drainage
system so that the property above the dam cannot use or receive
benefits from the drainage system.
Subd. 2. [FILING.] If the drainage system is under the
jurisdiction of a drainage authority, the petition must be filed
with the auditor. If the system is under the jurisdiction of a
watershed district, the petition must be filed with the
secretary of the district.
Subd. 3. [HEARING.] (a) When the petition is filed, the
drainage authority in consultation with the auditor or the
secretary shall set a time and location for a hearing on the
partial abandonment petition and shall give notice by
publication of the hearing to all persons interested in the
drainage system.
(b) At the hearing, the drainage authority shall make
findings and shall direct, by order, that the petitioners'
property be removed from the drainage system if the drainage
authority determines:
(1) that the waters from the petitioners' property have
been diverted from the drainage system, or that a dam has been
lawfully constructed and the property cannot use the drainage
system;
(2) that the property is not benefited by the drainage
system and does not use or affect the drainage system; and
(3) that removing the property from the drainage system
will not prejudice the property owners and property remaining in
the system.
(c) The drainage authority shall make findings and direct,
by order, that part of the drainage system be abandoned if the
drainage authority determines that part of the drainage system
does not serve a substantial useful purpose to any property
remaining in the system and is not of a substantial public
benefit and utility.
Subd. 4. [EFFECT OF REMOVING PROPERTY FROM DRAINAGE
SYSTEM.] The property that has been removed from the drainage
system is not affected by the drainage system at any later
proceeding for the repair or improvement of the drainage system
and a drainage lien or assessment for repairs or improvements
may not be made against the property that has been removed on or
after the date of the order.
Subd. 5. [LIENS AND ASSESSMENTS ON PROPERTY REMOVED OR
ABANDONED.] An order under this section does not release the
property from a drainage lien filed on account of the drainage
system before the date of the order. An order under this
section does not release the property from any assessment or a
drainage lien filed on or after the date of the order for costs
incurred on account of the drainage system before the date of
the order. [106A.805]
Sec. 103. [103E.811] [ABANDONMENT OF DRAINAGE SYSTEM.]
Subdivision 1. [DRAINAGE LIEN PAYMENT PERIOD MUST EXPIRE.]
After the period originally fixed or subsequently extended to
pay the assessment of the drainage liens expires, a drainage
system may be abandoned as provided in this section.
Subd. 2. [PETITIONERS.] A petition must be signed by at
least 51 percent of the property owners assessed for the
construction of the drainage system or by the owners of not less
than 51 percent of the area of the property assessed for the
drainage system. For the purpose of the petition, the county is
the resident owner of all tax-forfeited property held by the
state and assessed benefits for the drainage system, and the
board may execute the petition for the county as an owner.
Subd. 3. [PETITION.] The petition must designate the
drainage system proposed to be abandoned and show that the
drainage system is not of public benefit and utility because the
agricultural property that used the drainage system has been
generally abandoned or because the drainage system has ceased to
function and its restoration is not practical.
Subd. 4. [FILING PETITION; JURISDICTION.] If all property
assessed for benefits in the drainage system is in one county,
the petition must be filed with the auditor unless the petition
is signed by the board, in which case the petition must be made
to the district court of the county and filed with the court
administrator. If property assessed for benefits is in two or
more counties, the petition must be filed with the auditor.
When the petition is filed, the drainage authority in
consultation with the auditor, or the court administrator with
the approval of the court, shall set a time and location for a
hearing on the petition. The auditor or court administrator
shall give notice by publication of the time and location of the
abandonment hearing to all persons interested. The drainage
authority or the district court where the petition is properly
filed has jurisdiction of the petition.
Subd. 5. [ABANDONMENT HEARING.] (a) At the hearing, the
drainage authority or court shall examine the petition and
determine whether it is sufficient and shall hear all interested
parties.
(b) If a property owner assessed benefits for the drainage
system appears and makes a written objection to the abandonment
of the drainage system, the drainage authority or court shall
appoint three disinterested persons as viewers to examine the
property and report to the drainage authority or court. The
hearing must be adjourned to make the examination and report and
a date must be set to reconvene. The viewers, if appointed,
shall proceed to examine the property of the objecting owner and
report as soon as possible to the drainage authority or court
with the description and situation of the property and whether
the drainage system drains or otherwise affects the property.
(c) When the hearing is reconvened, the drainage authority
or court shall consider the viewers' report and all evidence
offered, and:
(1) if the drainage authority determines that the drainage
system serves any useful purpose to any property or the general
public, the petition for abandonment must be denied; or
(2) if the drainage authority determines that the drainage
system does not serve any useful purpose to any affected
property and is not of public benefit and utility, the drainage
authority or court shall make findings and shall, by order,
abandon the drainage system.
Subd. 6. [EFFECT OF ABANDONMENT.] After abandonment of a
drainage system, a repair petition for the drainage system may
not be accepted and the responsibility of the drainage authority
for the maintenance of the drainage system ends. [106A.811]
ARTICLE 6
CHAPTER 103F
PROTECTION OF WATER RESOURCES
GENERAL PROVISIONS
Section 1. [103F.001] [EFFECT OF CHAPTER 103F ON WATER
LAW.]
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G
constitute the water law of this state and may be cited as the
water law.
FLOODPLAIN MANAGEMENT
Sec. 2. [103F.101] [CITATION.]
Sections 2 to 13 may be cited as the floodplain management
law. [104.01 s. 1]
Sec. 3. [103F.105] [FLOODPLAIN MANAGEMENT POLICY.]
(a) The legislature finds:
(1) a large portion of the state's land resources is
subject to recurrent flooding by overflow of streams and other
watercourses causing loss of life and property, disruption of
commerce and governmental services, unsanitary conditions, and
interruption of transportation and communications, all of which
are detrimental to the health, safety, welfare, and property of
the occupants of flooded lands and the people of this state; and
(2) the public interest necessitates sound land use
development as land is a limited and irreplaceable resource, and
the floodplains of this state are a land resource to be
developed in a manner which will result in minimum loss of life
and threat to health, and reduction of private and public
economic loss caused by flooding. [104.01 s. 2]
(b) It is the policy of this state to reduce flood damages
through floodplain management, stressing nonstructural measures
such as floodplain zoning and floodproofing, and flood warning
practices.
(c) It is the policy of this state:
(1) not to prohibit but to guide development of the
floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local
governmental units in floodplain management;
(3) to encourage local governmental units to adopt, enforce
and administer sound floodplain management ordinances; and
(4) to provide the commissioner of natural resources with
authority necessary to carry out a floodplain management program
for the state and to coordinate federal, state, and local
floodplain management activities in this state. [104.01 s. 3]
Sec. 4. [103F.111] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 4 to 15.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [104.02 s. 7]
Subd. 3. [FLOOD FRINGE.] "Flood fringe" means the portion
of the floodplain outside of the floodway. [104.02 s. 5]
Subd. 4. [FLOODPLAIN.] "Floodplain" means the areas
adjoining a watercourse or water basin that have been or may be
covered by a regional flood. [104.02 s. 3]
Subd. 5. [FLOODWAY.] "Floodway" means the channel of the
watercourse, the bed of water basins, and those portions of the
adjoining floodplains that are reasonably required to carry and
discharge floodwater and provide water storage during a regional
flood. [104.02 s. 4]
Subd. 6. [LOCAL GOVERNMENTAL UNIT.] "Local governmental
unit" means a county, statutory or home rule charter city, town,
watershed district, or lake improvement district. [104.02 s. 6]
Subd. 7. [MITIGATION.] "Mitigation" means the act of
alleviating the effects of floods and flooding by moderating or
reducing the severe damages resulting from floods through
structural and nonstructural flood management measures. [104.02
s. 10]
Subd. 8. [MITIGATION MEASURES.] "Mitigation measures"
means structural or nonstructural flood management measures, or
both. [104.02 s. 11]
Subd. 9. [NONSTRUCTURAL FLOOD MANAGEMENT MEASURES.]
"Nonstructural flood management measures" means actions in
floodplains designed to reduce the damaging effects of floods on
existing and potential users of floodplains, without physically
altering the flood behavior. Nonstructural flood management
measures include:
(1) public acquisition of floodplain lands;
(2) relocation of public and private structures and
facilities;
(3) floodproofing of public and private facilities;
(4) installation and operation of flood warning systems and
evacuation procedures;
(5) adoption and enforcement of land use control ordinances
and building codes;
(6) installation of signs and other notifications in
regional flood areas; and
(7) provision of flood insurance and public education.
[104.02 s. 9]
Subd. 10. [REGIONAL FLOOD.] "Regional flood" means a flood
that is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can
be expected to occur on an average frequency in the magnitude of
a 100-year recurrence interval. [104.02 s. 2]
Subd. 11. [STRUCTURAL FLOOD MANAGEMENT MEASURES.]
"Structural flood management measures" means physical actions
taken to modify the behavior and extent of floods and flooding,
including the construction of dams, dikes, levees, flood bypass
channels, floodwater storage and retardation structures, and
water level control structures, excluding deepening or
straightening of existing stream channels. [104.02 s. 8]
Subd. 12. [WATERBASIN.] "Waterbasin" has the meaning given
it by article 7, section 2, subdivision 16. [104.02 s. 12]
Sec. 5. [103F.115] [PRIORITY FOR REDUCTION OF FLOOD
DAMAGE.]
Floodplain management ordinances are to be given primary
consideration in the reduction of flood damage in the state and
alternative methods for reducing flood damage may not be carried
out before adoption of floodplain management ordinances by local
governmental units. Structural projects which have the purpose
of controlling floods are to be considered only as elements of a
floodplain management program. [104.01 s. 4]
Sec. 6. [103F.121] [FLOODPLAIN MANAGEMENT ORDINANCES.]
Subdivision 1. [ADOPTION.] (a) In accordance with sections
2 to 13, the rules of the commissioner and applicable laws
authorizing local governmental units to adopt floodplain
management ordinances, local governmental units shall adopt,
administer, and enforce floodplain management ordinances, which
must include:
(1) the delineation of floodplains and floodways;
(2) the preservation of the capacity of the floodplain to
carry and discharge regional floods;
(3) the minimization of flood hazards; and
(4) the regulation of the use of land in the floodplain.
(b) The ordinances shall be based on adequate technical
data and competent engineering advice and shall be consistent
with local and regional comprehensive planning. [104.04 s. 1]
Subd. 2. [ADOPTION PROCEDURE.] (a) The commissioner, upon
determining that sufficient technical information is available
for the delineation of floodplains and floodways on a
watercourse, shall notify affected local governmental units that
technical information is available. Within six months after
receiving this notice, the local governmental units shall
prepare or amend their floodplain management ordinances in
conformance with the provisions of sections 2 to 13 and shall
submit the ordinance to the commissioner for review and approval
before adoption.
(b) The commissioner shall approve or disapprove the
proposed ordinance within 120 days after receiving it.
(c) If the proposed ordinance is disapproved, the
commissioner shall return it to the local governmental unit with
a written statement of reasons for disapproval. Within 90 days
after disapproval, the local governmental unit shall resubmit an
amended proposed ordinance for further review and approval
before adoption. The local governmental unit shall adopt a
floodplain management ordinance within 90 days after approval by
the commissioner.
(d) A floodplain management ordinance adopted by a local
governmental unit is invalid unless it is approved by the
commissioner.
(e) A local governmental unit may adopt a floodplain
management ordinance in the absence of notification by the
commissioner that the required technical data is available,
provided that any such ordinance is submitted to the
commissioner prior to its adoption for approval.
(f) A local governmental unit may adopt a floodplain
management ordinance that is more restrictive than required
under sections 2 to 13. [104.04 s. 3]
(g) Floodplain management ordinances may be amended by a
local governmental unit upon the approval of the commissioner.
[104.04 s. 4]
Subd. 3. [COMMISSIONER'S ADOPTION OF ORDINANCE.] (a) If a
local governmental unit fails to adopt a floodplain management
ordinance, the commissioner shall adopt an ordinance that meets
the minimum standards established under section 10 for the local
governmental unit.
(b) The commissioner shall hold at least one public hearing
on the proposed ordinance in the manner provided in section
394.26 or 462.357, as applicable, after giving notice as
provided in section 394.26 or 462.357.
(c) The ordinance is effective for the local governmental
unit on the date and in accordance with rules prescribed by the
commissioner.
(d) The ordinance shall be enforced as provided in section
394.37 or 462.362, as applicable. The penalties provided in
section 394.37 or 462.362 apply to violations of an ordinance
adopted by the commissioner. [104.04 s. 5]
Subd. 4. [COST OF COMMISSIONER'S ORDINANCE.] (a) The cost
incurred by the commissioner in adopting a floodplain management
ordinance for the local governmental unit shall be paid by the
local governmental unit upon submission to the local
governmental unit of an itemized statement of these costs by the
commissioner.
(b) If the local governmental unit fails to pay the costs
within 90 days after the commissioner's statement is received,
the commissioner shall file a copy of the statement of the costs
for collection by special tax levy with the county auditor of
the county where the local governmental unit is located. The
county auditor, upon receiving a statement from the
commissioner, shall include the amount of the state's claim in
the tax levy for general revenue purposes of the local
governmental unit. Upon completion of the tax settlement
following this levy, the county treasurer shall remit the amount
due to the state to the commissioner for deposit in the state
treasury. [104.04 s. 6]
Subd. 5. [MAJOR ALTERATIONS AND HAZARDOUS USES
PROHIBITED.] (a) If a floodplain has been delineated by a
floodplain management ordinance under sections 2 to 13, a major
alteration to a structure in existence on the effective date of
the ordinance or a new fill, structure, deposit, or other
floodplain use that is unreasonably hazardous to the public or
that unduly restricts the capacity of the floodplain to carry
and discharge a regional flood may not be permitted after the
effective date of the ordinance delineating the floodplain.
(b) As used in this subdivision, major alterations of
existing structures do not include repair or maintenance and do
not include repairs, maintenance, or alterations to structures
made under the authority of another authorized agency of the
state or federal government.
(c) This subdivision does not apply to alterations, repair,
or maintenance reasonably done under emergency circumstances to
preserve or protect life or property.
(d) This subdivision applies to alterations to existing
structures and to new fill, structures, deposits, or other
floodplain uses by the state and state agencies. [104.03 s. 2]
Sec. 7. [103F.125] [CONSIDERATION OF INDUSTRIAL USES IN
FLOODPLAIN.]
The commissioner in promulgating guidelines under section
10 and local governmental units in preparing floodplain
management ordinances shall give due consideration to the needs
of an industry whose business requires that it be located within
a floodplain. [104.06]
Sec. 8. [103F.131] [AMUSEMENT PARK EXEMPTION.]
(a) An amusement park that exists before a floodplain is
delineated by a floodplain management ordinance is exempt from
the requirements of sections 2 to 13 if the amusement park
continues to be used as an amusement park within the amusement
park boundaries.
(b) Notwithstanding any other law, the state is not liable
for any damage from flooding to an amusement park operating in a
floodplain under this subdivision. [104.03 s. 2a]
Sec. 9. [103F.135] [COMMISSIONER'S ASSISTANCE AND
INSPECTIONS.]
Subdivision 1. [COMMISSIONER'S DUTIES.] The commissioner
shall:
(1) collect and distribute information relating to flooding
and floodplain management;
(2) coordinate local, state, and federal floodplain
management activities to the greatest extent possible, and
encourage the United States army corps of engineers and the
United States soil conservation service to make their flood
control planning data available to local governmental units for
planning purposes, to allow adequate local participation in the
planning process and in the selection of desirable alternatives;
(3) assist local governmental units in their floodplain
management activities in cooperation with the commissioner of
trade and economic development; and
(4) do all other things, within lawful authority, that are
necessary or desirable to manage the floodplain for beneficial
uses compatible with the preservation of the capacity of the
floodplain to carry and discharge the regional flood. [104.03
s. 1]
Subd. 2. [INSPECTIONS.] In cooperation with local
governmental units, the commissioner shall conduct, whenever
possible, periodic inspections to determine the effectiveness of
local floodplain management programs, including an evaluation of
the enforcement of and compliance with local floodplain
management ordinances. [104.03 s. 1]
Sec. 10. [103F.141] [RULES.]
Subdivision 1. [AUTHORITY AND CRITERIA.] The commissioner
shall adopt rules to implement sections 2 to 13, including:
(1) criteria for determining the floodplain uses that may
be permitted without creating an unreasonable public hazard or
unduly restricting the capacity of the floodplain to carry and
discharge a regional flood;
(2) variance procedures; and
(3) the establishment of criteria for alternative or
supplemental floodplain management measures such as
floodproofing, subdivision rules, building codes, sanitation
rules, and flood warning systems. [104.05]
Subd. 2. [PROTECTION NEEDED ONLY FOR REGIONAL FLOOD
LEVEL.] Notwithstanding the rules adopted under this section
establishing a flood protection level higher than the elevation
of the regional flood, a local governmental unit may elect to
adopt and enforce a flood protection level at the elevation of
the regional flood in its floodplain ordinance. [104.05]
Sec. 11. [103F.145] [ENFORCEMENT AND PENALTIES.]
Subdivision 1. [USES IN VIOLATION OF ORDINANCE ARE PUBLIC
NUISANCES.] Every structure, fill, deposit, or other floodplain
use placed or maintained in the floodplain in violation of a
floodplain management ordinance adopted under the provisions of
sections 3 to 13 is a public nuisance. [104.07]
Subd. 2. [CIVIL REMEDIES.] The creation of a public
nuisance under this section may be enjoined and the maintenance
of a public nuisance under this section may be abated by an
action brought by the commissioner or a local governmental
unit. [104.07]
Subd. 3. [CRIMINAL PENALTIES.] A person who violates a
provision of sections 3 to 13 is guilty of a misdemeanor. Each
day that the violation exists is a separate offense. [104.07]
Sec. 12. [103F.151] [FLOOD PRONE AREA INVENTORY AND
ASSESSMENT.]
The commissioner shall conduct a statewide inventory and
flood damage assessment of flood prone structures and lands.
[104.10]
Sec. 13. [103F.155] [FLOOD PROTECTION PLANS.]
Subdivision 1. [CONSTRUCTION OF FLOOD PROTECTION
MEASURES.] If emergency flood protection measures are
undertaken, the affected local governmental unit shall submit to
the commissioner a plan outlining their use as a part of a
future comprehensive flood emergency program. The plan shall be
submitted within 120 days after construction. [104.03 s. 3]
Subd. 2. [COMMISSIONER'S REVIEW.] (a) The commissioner
shall review the plan and consult with the state office of civil
defense and other appropriate state and federal agencies.
Following the review, the commissioner shall accept, require
modification, or reject the plan.
(b) If required modifications are not made, or if the plan
is rejected, the commissioner shall order the removal of the
emergency protection measures. [104.03 s. 3]
Sec. 14. [103F.161] [FLOOD HAZARD MITIGATION GRANTS.]
Subdivision 1. [GRANTS AUTHORIZED.] The commissioner may
make grants to local governments to:
(1) conduct floodplain damage reduction studies to
determine the most feasible, practical, and effective methods
and programs for mitigating the damages due to flooding within
flood prone rural and urban areas and their watersheds; and
(2) plan and implement flood mitigation measures. [104.11
s. 1]
Subd. 2. [ACTION ON GRANT APPLICATIONS.] (a) A local
government may apply to the commissioner for a grant on forms
provided by the commissioner. The commissioner shall confer
with the local government requesting the grant and may make a
grant up to $75,000 based on the following considerations:
(1) the extent and effectiveness of mitigation measures
already implemented by the local government requesting the
grant;
(2) the feasibility, practicality, and effectiveness of the
proposed mitigation measures and the associated nonflood related
benefits and detriments;
(3) the level of grant assistance that should be provided
to the local government, based on available facts regarding the
nature, extent, and severity of flood problems;
(4) the frequency of occurrence of severe flooding that has
resulted in declaration of the area as a flood disaster area by
the president of the United States;
(5) the economic, social, and environmental benefits and
detriments of the proposed mitigation measures;
(6) whether the floodplain management ordinance or
regulation adopted by the local government meets the minimum
standards established by the commissioner, the degree of
enforcement of the ordinance or regulation, and whether the
local government is complying with the ordinance or regulation;
(7) the degree to which the grant request is consistent
with local water plans developed under chapters 103B and 103D;
(8) the financial capability of the local government to
solve its flood hazard problems without financial assistance;
and
(9) the estimated cost and method of financing of the
proposed mitigation measures based on local money and federal
and state financial assistance.
(b) If the amount of the grant requested is $75,000 or
more, the commissioner shall determine, under the considerations
in paragraph (a), whether any part of the grant should be
awarded. The commissioner must submit an appropriation request
to the governor and the legislature for funding consideration
before each odd-numbered year, consisting of requests or parts
of grant requests of $75,000 or more. The commissioner must
prioritize the grant requests, under the considerations in
paragraph (a), beginning with the projects the commissioner
determines most deserving of financing.
(c) A grant may not exceed one-half the total cost of the
proposed mitigation measures.
(d) After July 1, 1991, grants made under this section may
be made to local governments whose grant requests are part of,
or responsive to, a comprehensive local water plan prepared
under chapter 103B or 103D. [104.11 s. 2]
Sec. 15. [103F.165] [FLOOD INSURANCE.]
Subdivision 1. [POLICY.] It is the policy of the state
that local governmental units subject to recurrent flooding
participate in the national flood insurance program, Public Law
Number 90-448, and amendatory and supplementary acts, so that
the people of the state may have the opportunity to indemnify
themselves from future flood losses through the purchase of the
insurance. [104.08 s. 1]
Subd. 2. [LIST OF RECURRENT FLOODING AREAS.] The
commissioner shall prepare a list of local governmental units
having areas subject to recurrent flooding and shall notify each
local governmental unit included on the list of the findings.
If a local governmental unit objects to the commissioner's
findings, it shall submit evidence supporting its objections
within 45 days after receiving the commissioner's notification.
The commissioner shall accept or reject the findings of each
local governmental unit submitting evidence, shall prepare an
amended list of local governmental units having areas subject to
recurrent flooding, and shall notify each local governmental
unit of its inclusion on the amended list. [104.08 s. 2]
Subd. 3. [APPLICATION FOR FLOOD INSURANCE.] Within 120
days after receiving notice of inclusion on the amended list,
each local governmental unit shall apply for participation in
the national flood insurance program in the manner prescribed by
federal laws and regulations. [104.08 s. 3]
SOUTHERN MINNESOTA RIVERS BASIN AREA II
Sec. 16. [103F.171] [SOUTHERN MINNESOTA RIVERS BASIN AREA
II BOUNDARIES.]
For the purposes of sections 16 to 24, the term "southern
Minnesota rivers basin area II" means the area within the
watersheds of rivers and streams that are tributaries of the
Minnesota river from the south between the cities of Ortonville
and Mankato. Major rivers included within the watershed are the
Yellow Bank, Lac Qui Parle, Yellow Medicine, Redwood, and
Cottonwood. All of Lac Qui Parle, Yellow Medicine, and Redwood
counties, and parts of Lincoln, Lyon, Pipestone, Murray,
Cottonwood, and Brown counties are included within the
boundaries of the area. [104.42]
Sec. 17. [103F.173] [PROGRAM.]
There shall be a state grant-in-aid pilot program of
providing financial assistance to units of local government,
including counties, soil and water conservation districts, and
watershed districts, located in the southern Minnesota river
basin area II for project and construction costs for the
building of floodwater retarding and retention structures within
a general plan for floodplain management. [104.43]
Sec. 18. [103F.175] [AID FORMULA.]
Grants may be made by the board of water and soil resources
to a local governmental unit for the purposes of sections 16 to
24 in an amount not to exceed 75 percent of the total cost of
each project, including site acquisition, engineering, and
construction. If federal funds are being utilized for a portion
of the project costs, the state contribution may not exceed 50
percent of the remaining nonfederal costs. If the structure is
located in the state of South Dakota, the two states shall share
the nonfederal costs equally. Money granted by the state may
not be used for any project of stream channelization. [104.44]
Sec. 19. [103F.177] [OPERATION WITHIN AGENCY.]
Subdivision 1. [BOARD OF WATER AND SOIL RESOURCES.] The
board of water and soil resources shall supervise the
grant-in-aid pilot program pursuant to sections 16 to 24.
Subd. 2. [PROCEDURES AND FORMS.] The board shall devise
procedures and forms for application for grants by the local
units of government, and review of and decision on the
applications by the state board.
Subd. 3. [STAFF POSITION.] A professional engineer shall
be employed by the board to work exclusively on the technical
implementation and engineering of the pilot project established
pursuant to sections 16 to 24. The engineer shall assist the
local units of government and the board to achieve the purposes
of the project, and shall have duties including:
(1) field review and analysis of projects and project
sites;
(2) preparation of permit applications, including
evaluation of environmental effects;
(3) development of recommended pertinent provisions of
permits for specific projects;
(4) preparation of plans for further consideration of
remedial flood control structural measures as part of a general
rural floodplain management effort; and
(5) evaluation of the effectiveness of completed projects
constructed under this program. [104.45]
Sec. 20. [103F.179] [SELECTION OF PROJECTS.]
Subdivision 1. [EVALUATION OF AREA AND SITES; FEDERAL
COOPERATION.] Before a grant is made, a priority system shall be
devised for the selection of projects to receive the aid. The
board of water and soil resources is the granting authority and
shall cooperate with the United States Army Corps of Engineers,
the department of natural resources, the United States Soil
Conservation Service and the area II action committee in
analysis of the general floodplain management plan for the area
and in hydrological and engineering studies on specific proposed
sites. From that information, the board of water and soil
resources shall determine the relative severity of the flooding
problem which would be wholly or partly solved by each project.
The range of priorities based on these findings shall provide a
basis for selection of project sites.
Subd. 2. [PROJECT REQUIREMENT FOR EACH WATERSHED.]
Notwithstanding the requirement in subdivision 1 that project
selection be based on a priority system, not more than one
project may be located within any one of the Cottonwood, Lac Qui
Parle, Redwood, Yellow Medicine, and Yellow Bank rivers'
watersheds unless agreed upon by the area II action committee
composed of representatives of each of those watersheds.
[104.46]
Sec. 21. [103F.181] [CONDITIONS FOR GRANTS.]
Subdivision 1. [LOCAL EXPRESSION OF WILLINGNESS.] The
local unit of government shall apply for a grant by a resolution
requesting state funding assistance for the construction of a
floodwater retention or retarding structure within its
jurisdiction. The resolution shall include provisions
concerning local funding, if any. The local unit of government
shall state its intent to obtain necessary land rights for
proposed construction sites and to assume responsibility for
maintenance of the structure on its completion.
Subd. 2. [GENERAL PLAN.] The local unit of government
shall demonstrate that the construction project that it proposes
is consistent with its general plan for floodplain management.
The general plan of the local government unit shall be in
conformity with the policy and objectives of this chapter and
shall, where reasonable and practicable, include nonstructural
means of floodplain management.
Subd. 3. [FEDERAL AID AVAILABILITY.] The board of water
and soil resources shall complete a detailed analysis of the
availability of federal funds and programs to supplement or
complement state and local efforts on each project and include
the eligibility requirements and time frame for receiving the
federal aid.
Subd. 4. [ENVIRONMENTAL IMPACT STATEMENT.] The local unit
of government, assisted by the project staff engineer, shall
make a comprehensive evaluation of the positive and negative
environmental effects which would be reasonably likely to take
place if the particular proposed project would be constructed.
[104.47]
Sec. 22. [103F.183] [APPROVED PROJECTS.]
Subdivision 1. [CONTRACTS.] When a proposed project is
approved to receive a grant, the board of water and soil
resources shall negotiate a contract with the local unit of
government involved. The contract shall specify the terms of
state and local cooperation, including the financing arrangement
for the construction and an agreement on maintenance of the
structure after completion.
Subd. 2. [PERMITS.] Before grant money is spent on
construction of the structure, permits required for construction
must be obtained from state agencies. [104.48]
Sec. 23. [103F.185] [INTERSTATE COOPERATION.]
The board of water and soil resources and the staff
engineer may enter into a working agreement with the South
Dakota-Minnesota Boundary Waters Commission, or successor
organization, in regard to flood retention and retarding
structures constructed pursuant to sections 16 to 24 that
involve territory of the state of South Dakota as well as this
state. [104.49]
Sec. 24. [103F.187] [REPORT TO LEGISLATURE.]
When the project has been in operation for a period of two
years, the board of water and soil resources and the staff
engineer shall prepare and deliver a report to the legislature
on the program and its consequences with an evaluation of the
feasibility and benefit of continuing the project. [104.50]
SHORELAND DEVELOPMENT
Sec. 25. [103F.201] [REGULATORY PURPOSE OF SHORELAND
DEVELOPMENT.]
To promote the policies in article 1, section 2, and
chapter 116, it is in the interest of the public health, safety,
and welfare to:
(1) provide guidance for the wise development of shorelands
of public waters and thus preserve and enhance the quality of
surface waters;
(2) preserve the economic and natural environmental values
of shorelands; and
(3) provide for the wise use of water and related land
resources of the state. [105.485 s. 1]
Sec. 26. [103F.205] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 25 to 29.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 3. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city.
Subd. 4. [SHORELAND.] "Shoreland" means land located
within the following distances from the ordinary high water
elevation of public waters:
(1) land within 1,000 feet from the normal high watermark
of a lake, pond, or flowage; and
(2) land within 300 feet of a river or stream or the
landward side of a floodplain delineated by ordinance on the
river or stream, whichever is greater. [105.485 s. 2]
Sec. 27. [103F.211] [MODEL STANDARDS AND CRITERIA.]
Subdivision 1. [ADOPTION.] The commissioner shall adopt
model standards and criteria for the subdivision, use, and
development of shoreland in municipalities and areas outside of
a municipality. The standards and criteria must include:
(1) the area of a lot and length of water frontage suitable
for a building site;
(2) the placement of structures in relation to shorelines
and roads;
(3) the placement and construction of sanitary and waste
disposal facilities;
(4) designation of types of land uses;
(5) changes in bottom contours of adjacent public waters;
(6) preservation of natural shorelands through the
restriction of land uses;
(7) variances from the minimum standards and criteria; and
(8) for areas outside of a municipality only, a model
ordinance. [105.485 s. 3]
Subd. 2. [INTERGOVERNMENTAL ADVICE.] The state departments
of agriculture, health, and trade and economic development; the
state planning and pollution control agencies; the board of
water and soil resources; and the Minnesota historical society
shall provide information and advice necessary to prepare or
amend the standards and criteria. [105.485 s. 3]
Subd. 3. [APPROVAL OF COMMISSIONERS OF HEALTH AND
POLLUTION CONTROL AGENCY.] In addition to other requirements of
chapter 14, the model standards and ordinance adopted under this
section, or amendments to them must not be finally adopted
unless approved by the commissioners of health and of the
pollution control agency. [105.485 s. 3]
Sec. 28. [103F.215] [MODEL ORDINANCE AS COUNTY ORDINANCE.]
Subdivision 1. [COUNTY ORDINANCE FAILING TO MEET
STANDARDS.] The commissioner shall adapt the model ordinance to
a county if, after notice and hearing as provided in article 7,
section 35, the commissioner finds that a county has adopted a
shoreland conservation ordinance that fails to meet the minimum
standards established under section 27. [105.485 s. 4]
Subd. 2. [HEARING.] The commissioner shall hold at least
one public hearing on the proposed ordinance in the manner
provided in section 394.26, after giving notice as provided in
section 394.26. The ordinance is effective for the county on
the date and in accordance with any rules the commissioner
prescribes, by order, relating to compliance. [105.485 s. 4]
Subd. 3. [ENFORCEMENT.] The ordinance must be enforced as
provided in section 394.37. The penalties provided in section
394.37 apply to violations of the commissioner's model ordinance
for the county. [105.485 s. 4]
Subd. 4. [COMMISSIONER'S COSTS.] The cost incurred by the
commissioner in adapting the model ordinance to a county under
this section must be paid by the county after the commissioner
submits an itemized statement of the costs to the county. If
the county fails to pay the costs within 90 days after the
commissioner's statement is received, the commissioner may file
a copy of the statement of the costs for collection by special
tax levy with the county auditor. The county auditor, upon
receiving a statement from the commissioner, shall include the
amount of the state's claim in the tax levy for general revenue
purposes of the county. On completion of the tax settlement
following this levy, the county treasurer must pay the amount
due to the state to the commissioner for deposit in the state
treasury. [105.485 s. 5]
Sec. 29. [103F.221] [MUNICIPAL SHORELAND MANAGEMENT.]
Subdivision 1. [COMMISSIONER'S REVIEW OF ORDINANCES.] (a)
A municipality having shoreland within its corporate boundaries
must submit ordinances or rules affecting the use and
development of its shorelands to the commissioner for review.
The commissioner must review the ordinances or rules and:
(1) determine whether the rules and ordinances are in
substantial compliance with municipal shoreland management
standards and criteria under subdivision 3; and
(2) consider any feature unique to the municipal shoreland
in question, including the characteristics of the waters that
may be affected by development, storm sewer facilities, and
sanitary and waste disposal facilities in existence at the time
of the commissioner's review.
(b) If the commissioner determines that the ordinances or
rules of a municipality do not substantially comply with the
state standards and criteria for municipal shoreland management,
the commissioner must notify the municipality. The notice must
state the changes that are necessary to bring the ordinances or
rules into substantial compliance with the standards and
criteria. By one year after receiving the notice from the
commissioner, the municipality must make changes necessary to
bring the ordinances or rules into substantial compliance with
state standards and criteria. [105.485 s. 6]
Subd. 2. [COMMISSIONER'S ADOPTION OF ORDINANCE FOR
MUNICIPALITY.] (a) The commissioner may adopt an ordinance or
rules for the municipality if:
(1) a municipality does not have an ordinance or rule
affecting the use and development of shoreland;
(2) the corporate boundaries of the municipality are
expanded to include shorelands not previously included within
the municipal boundaries and the municipality fails to adopt an
ordinance within one year after including the shorelands within
its municipal boundaries; or
(3) the commissioner determines that a municipal shoreland
management ordinance does not substantially comply with the
standards and criteria for municipal shoreland management and
that the municipality has failed to make the necessary changes
within one year after receiving notice of noncompliance.
(b) The ordinance or rules for the municipality must be
adopted as provided in this paragraph. The commissioner must
hold at least one public hearing on the proposed ordinance or
rules in the manner provided in section 462.357, after giving
notice under section 462.357. The ordinance or rules are
effective for the municipality on the date and in accordance
with rules prescribed by the commissioner relating to compliance.
(c) The ordinance must be enforced as provided in section
462.362. The penalties in section 462.362 apply to violations
of the ordinances or rules adopted for the municipality by the
commissioner. [105.485 s. 6]
Subd. 3. [COMMISSIONER'S COST OF ADOPTING ORDINANCES.] The
costs incurred by the commissioner in adopting the ordinances or
rules for the municipality must be paid by the municipality and
collected from the municipality in the same manner as costs are
paid by a county and collected from a county under section 28,
subdivision 4. The tax levied to pay the costs may be levied in
excess of the per capita levy limitation imposed under section
275.11. [105.485 s. 6]
Subd. 4. [MUNICIPAL USE OF LAND OTHER THAN SHORELAND.]
Municipal planning and land use controls for land other than
shoreland in the vicinity of shoreland must be, to the maximum
extent practical, compatible with planning and land use controls
for shoreland adopted under subdivision 1. [105.485 s. 7]
Subd. 5. [MUNICIPAL ORDINANCE MAY BE MORE RESTRICTIVE.] A
municipality may adopt and enforce ordinances or rules affecting
the use and development of shoreland that are more restrictive
than the standards and criteria adopted by the commissioner.
[105.485 s. 8]
WILD AND SCENIC RIVERS ACT
Sec. 30. [103F.301] [CITATION.]
Sections 30 to 39 may be cited as the "Minnesota wild and
scenic rivers act." [104.31]
Sec. 31. [103F.305] [SCENIC RIVER PROTECTION POLICY.]
The legislature finds that certain of Minnesota's rivers
and their adjacent lands possess outstanding scenic,
recreational, natural, historical, scientific and similar
values. It is in the interest of present and future generations
to retain these values, and a policy of the state, and an
authorized public purpose to preserve and protect these rivers.
[104.32]
Sec. 32. [103F.311] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 32 to 39. [104.02 s. 1]
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 3. [FREE-FLOWING.] "Free-flowing" means existing in
natural condition without significant artificial modification
such as impoundment, diversion, or straightening. The
existence, however, of low dams, diversion works or other minor
structures at the time any river is proposed for inclusion does
not automatically bar its inclusion as a wild, scenic, or
recreational river. [104.33 s. 2]
Subd. 4. [RECREATIONAL RIVERS.] "Recreational rivers" are
those rivers that may have undergone some impoundment or
diversion in the past and may have adjacent lands that are
considerably developed, but that are still capable of being
managed so as to further the purposes of sections 30 to 39.
[104.33 s. 2]
Subd. 5. [RIVER.] "River" means a flowing body of water
such as a stream or a segment or tributary of a stream and may
include lakes through which the river or stream flows. [104.33
s. 1]
Subd. 6. [SCENIC EASEMENT.] "Scenic easement" means an
interest in land, less than the fee title, that limits the use
of the land to protect the scenic, recreational, or natural
characteristics of a wild, scenic, or recreational river area.
Unless otherwise expressly and specifically provided by the
parties, the easement must be:
(1) perpetually held for the benefit of the people of the
state;
(2) specifically enforceable by its holder or any
beneficiary;
(3) binding upon the holder of the servient estate, and the
holder's heirs, successors, and assigns; and
(4) restricted so as not to give the holder or any
beneficiary the right to enter on the land except for
enforcement of the easement. [104.37 s. 1]
Subd. 7. [SCENIC RIVERS.] "Scenic rivers" are those rivers
that exist in a free-flowing state and with adjacent lands that
are largely undeveloped. [104.33 s. 2]
Subd. 8. [SYSTEM.] "System" means the state wild and
scenic rivers system.
Subd. 9. [WILD RIVERS.] "Wild rivers" are those rivers
that exist in a free-flowing state, with excellent water
quality, and with adjacent lands that are essentially
primitive. [104.33 s. 2]
Sec. 33. [103F.315] [WILD AND SCENIC RIVERS SYSTEM.]
Subdivision 1. [ELIGIBILITY.] An entire river or a segment
of a river and adjacent lands in this state that possess
outstanding scenic, recreational, natural, historical,
scientific, or similar values are eligible for inclusion within
the Minnesota wild and scenic rivers system. [104.33 s. 1]
Subd. 2. [CLASSIFICATION.] Rivers or segments of rivers
included within the system shall be classified as wild, scenic,
or recreational. [104.33 s. 2]
Sec. 34. [103F.321] [ADMINISTRATION AND RULES.]
Subdivision 1. [ADMINISTRATION.] The commissioner shall
administer the wild and scenic rivers system. The commissioner
shall conduct studies, develop criteria for classification and
designation of rivers, designate rivers for inclusion within the
system, manage the components of the system, and adopt rules to
manage and administer the system. [104.34 s. 1]
Subd. 2. [SHORELAND RULES.] (a) The commissioner shall
adopt statewide minimum standards and criteria for the
preservation and protection of shorelands within the boundaries
of wild, scenic, and recreational rivers.
(b) The standards and criteria may include:
(1) the matters covered in the commissioner's standards and
criteria for shoreland areas, as provided in sections 25 to 29,
except that the distance limitations contained in sections 25 to
29 do not apply to standards and criteria for wild, scenic, and
recreational rivers;
(2) furtherance of the purposes of sections 30 to 39 and of
the classifications of rivers; and
(3) application to the local governments as specified in
sections 25 to 29. [104.34 s. 2]
Sec. 35. [103F.325] [DESIGNATION PROCEDURE.]
Subdivision 1. [MANAGEMENT PLAN.] (a) For each river
proposed to be included in the wild and scenic rivers system,
the commissioner shall prepare a management plan, without
unreasonable restrictions upon compatible, preexisting, economic
uses of particular tracts of land, to preserve and enhance the
values that cause the river to be proposed for inclusion in the
system.
(b) The plan shall:
(1) give primary emphasis to the area's scenic,
recreational, natural, historical, scientific and similar
values;
(2) state the proposed classification of the river and
segments of the river;
(3) designate the boundaries of the area along the river to
be included within the system, which may not include more than
320 acres per mile on both sides of the river; and
(4) include proposed rules governing the use of public
lands and waters within the area, which may differ from
statewide rules to the extent necessary to take account of the
particular attributes of the area.
(c) The plan may include proposed standards and criteria
adopted under section 34 for local land use controls that differ
from statewide standards and criteria to the extent necessary to
take account of the particular attributes of the area. [104.35
s. 1]
Subd. 2. [REVIEW AND HEARING.] (a) The commissioner shall
make the proposed management plan available to affected local
governmental bodies, shoreland owners, conservation and outdoor
recreation groups, the commissioner of trade and economic
development, the director of public service, the governor, and
the general public. The commissioners of trade and economic
development and of public service and the governor shall review
the proposed management plan in accordance with the criteria in
section 86A.09, subdivision 3, and submit any written comments
to the commissioner within 60 days after receipt of the proposed
management plan.
(b) By 60 days after making the information available, the
commissioner shall conduct a public hearing on the proposed
management plan in the county seat of each county that contains
a portion of the designated system area, in the manner provided
in chapter 14. [104.35 s. 2]
Subd. 3. [POST HEARING REVIEW.] Upon receipt of the
administrative law judge's report, the commissioner shall
immediately forward the proposed management plan and the
administrative law judge's report to the commissioners of trade
and economic development and of public service for review under
section 86A.09, subdivision 3, except that the review by the
commissioners must be completed or be deemed completed within 30
days after receiving the administrative law judge's report, and
the review by the governor must be completed or be deemed
completed within 15 days after receipt. [104.35 s. 3]
Subd. 4. [DESIGNATION OF RIVER AS PART OF SYSTEM.] Within
60 days after receipt of the administrative law judge's report,
the commissioner shall decide whether to designate by order the
river or a segment of the river as a wild, scenic, or
recreational river and, if so designated, shall adopt a
management plan to govern the area. The commissioner shall
notify and inform public agencies and private landowners of the
plan and its purposes to encourage their cooperation in the
management and use of their land in a manner consistent with the
plan and its purposes. [104.35 s. 3]
Subd. 5. [RESERVATION OF LEGISLATIVE AUTHORITY.] The
legislature may at any time designate additional rivers to be
included within the system, exclude rivers previously included
in the system, or change the classification of rivers classified
by the commissioner. [104.35 s. 4]
Sec. 36. [103F.331] [ACQUISITION AND DEVELOPMENT OF
SYSTEM.]
Subdivision 1. [ACQUISITION AUTHORITY.] To implement the
system, the commissioner may acquire the title, scenic
easements, or other interests in land, by purchase, grant, gift,
devise, exchange, lease, or other lawful means. [104.37 s. 1]
Subd. 2. [DEVELOPMENT OF PUBLIC AREAS.] The commissioner
may designate and develop appropriate areas of public land along
wild, scenic, and recreational rivers as water waysides for
facilities compatible with the class of river, including, as
appropriate, primitive campsites, picnic sites, portages, water
access sites, sanitation facilities, and interpretive display.
[104.37 s. 2]
Subd. 3. [CANOE AND BOATING ROUTES.] (a) The commissioner
may mark canoe and boating routes along a wild, scenic, or
recreational river, consistent with the classification and
characteristics of the river, including points of interest,
portages, campsites, dams, rapids, waterfalls, whirlpools, and
other hazards to navigation.
(b) Canoe routes, boating routes, campsites, and portages
marked under this subdivision are not subject to the provisions
of section 160.06. [104.37 s. 3]
Subd. 4. [ADDITIONAL DESIGNATION AS TROUT STREAM.] The
commissioner may designate all or a portion of a state wild,
scenic, or recreational river that possesses the necessary
qualifications as a state trout stream, and make habitat
improvement as may be necessary, desirable, and consistent with
the classification of the river. [104.37 s. 4]
Sec. 37. [103F.335] [LOCAL GOVERNMENT COMPLIANCE.]
Subdivision 1. [COMPLIANCE OF ORDINANCES WITH SYSTEM.] (a)
Within six months after establishment of a wild, scenic, or
recreational river system, each local governmental unit with
jurisdiction over a portion of the system shall adopt or amend
its ordinances and land use district maps to the extent
necessary to comply with the standards and criteria of the
commissioner and the management plan.
(b) If a local government fails to adopt adequate
ordinances, maps, or amendments within six months, the
commissioner shall adopt the ordinances, maps, or amendments in
the manner and with the effect specified in section 28. [104.36
s. 1]
(c) The commissioner shall assist local governments in the
preparation, implementation and enforcement of the ordinances.
[104.36 s. 2]
Subd. 2. [LOCAL GOVERNMENTAL UNITS MUST IMPLEMENT SYSTEM.]
All state, local and special governmental units, councils,
commissions, boards, districts, agencies, departments and other
authorities shall exercise their powers to implement the
purposes of sections 30 to 39 and management plans adopted by
the commissioner. [104.38]
Subd. 3. [LAND TRANSFERS CONSISTENT WITH SYSTEM
PLAN.] Land owned by the state and political subdivisions shall
be administered in accordance with the management plan, and land
owned by governmental bodies within the designated boundaries of
a wild, scenic, or recreational river area may not be
transferred to any other person or entity if the transfer would
be inconsistent with the management plan. [104.38]
Sec. 38. [103F.341] [FEDERAL-STATE RELATIONS.]
Sections 30 to 39 do not preclude a river in the state
system from becoming a part of the federal wild and scenic
rivers system as established in the Wild and Scenic Rivers Act,
Public Law Number 90-542; United States Code, title 16, section
1271 et seq., as amended. The commissioner is authorized to
seek, alone or in conjunction with other governmental
authorities, financial and technical assistance from the federal
government and to enter into written cooperative agreements for
the joint administration of a river in the federal wild and
scenic rivers system. [104.39]
Sec. 39. [103F.345] [CONFLICT WITH OTHER LAWS.]
A river in the wild and scenic rivers system is subject to
the provisions of sections 30 to 39, except that in case of
conflict with some other law of this state the more protective
provision shall apply. [104.40]
LOWER ST. CROIX RIVER
Sec. 40. [103F.351] [LOWER ST. CROIX WILD AND SCENIC RIVER
ACT.]
Subdivision 1. [FINDINGS.] The lower St. Croix river,
between the dam near Taylors Falls and its confluence with the
Mississippi river, constitutes a relatively undeveloped scenic
and recreational asset lying close to the largest densely
populated area of the state. The preservation of this unique
scenic and recreational asset is in the public interest and will
benefit the health and welfare of the citizens of the state.
The state recognizes and concurs in the inclusion of the lower
St. Croix river into the federal wild and scenic rivers system
by the Lower St. Croix River Act of the 92nd Congress, Public
Law Number 92-560. The authorizations of the state are
necessary to the preservation and administration of the lower
St. Croix river as a wild and scenic river, particularly in
relation to those portions of the river that are to be jointly
preserved and administered as a wild and scenic river by this
state and Wisconsin. [104.25 s. 1]
Subd. 2. [COMPREHENSIVE MASTER PLAN.] (a) The commissioner
of natural resources shall join with the secretary of the United
States Department of the Interior and the appropriate agency of
the state of Wisconsin in the preparation of the comprehensive
master plan relating to boundaries, classification, and
development required by section 3 of the Lower St. Croix River
Act of 1972, and by section 3(b) of the Wild and Scenic Rivers
Act, Public Law Number 90-542.
(b) The commissioner shall make the proposed comprehensive
master plan available to affected local governmental bodies,
shoreland owners, conservation and outdoor recreation groups,
and the general public.
(c) Not less than 30 days after making the information
available, the commissioner shall conduct a public hearing on
the proposed comprehensive master plan in the county seat of
each county which contains a portion of the area covered by the
comprehensive master plan, in the manner provided in chapter
14. [104.25 s. 2]
Subd. 3. [ACQUISITION OF LAND AND EASEMENTS.] The
commissioner of natural resources may acquire land, scenic
easements, or other interests in land by gift, purchase, or
other lawful means, and may acquire scenic easement interests in
land by eminent domain. The acquisitions must be proposed for
acquisition by the state by the comprehensive master plan.
[104.25 s. 3]
Subd. 4. [RULES.] (a) The commissioner of natural
resources shall adopt rules that establish guidelines and
specify standards for local zoning ordinances applicable to the
area within the boundaries covered by the comprehensive master
plan.
(b) The guidelines and standards must be consistent with
this section, the federal Wild and Scenic Rivers Act, and the
federal Lower St. Croix River Act of 1972. The standards
specified in the guidelines must include:
(1) the prohibition of new residential, commercial, or
industrial uses other than those that are consistent with the
above mentioned acts; and
(2) the protection of riverway lands by means of acreage,
frontage, and setback requirements on development.
(c) Cities, counties, and towns lying within the areas
affected by the guidelines shall adopt zoning ordinances
complying with the guidelines and standards within the time
schedule prescribed by the commissioner. [104.25 s. 3]
Subd. 5. [ADMINISTRATION.] The commissioner of natural
resources in cooperation with appropriate federal authorities
and authorities of the state of Wisconsin shall administer state
lands and waters in conformance with this section, the federal
Wild and Scenic Rivers Act, and the federal Lower St. Croix
River Act of 1972. [104.25 s. 3]
MISSISSIPPI HEADWATERS PLANNING AND MANAGEMENT
Sec. 41. [103F.361] [FINDINGS AND INTENT.]
Subdivision 1. [FINDINGS.] The legislature finds that:
(1) the Mississippi river from its outlet at Lake Itasca,
Clearwater county, to the southerly boundary of Morrison county,
Minnesota, possesses outstanding and unique natural, scientific,
historical, recreational and cultural values deserving of
protection and enhancement;
(2) the counties of Clearwater, Hubbard, Beltrami, Cass,
Itasca, Aitkin, Crow Wing and Morrison have entered into a joint
powers agreement pursuant to law to develop a plan for the
protection and enhancement of the foregoing values; and
(3) the plan adopted by the counties pursuant to the joint
powers agreement establishes guidelines and minimum standards
for cooperative local management of this segment of the
Mississippi river. [114B.01]
Subd. 2. [LEGISLATIVE INTENT.] It is the intent of
sections 41 to 49 to authorize and direct the board and the
counties to implement this comprehensive plan for the
Mississippi headwaters area. [114B.01]
Sec. 42. [103F.363] [APPLICABILITY.]
Subdivision 1. [GENERALLY.] Sections 41 to 49 apply to the
counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin,
Crow Wing and Morrison. [114B.07]
Subd. 2. [LEECH LAKE INDIAN RESERVATION.] Sections 41 to
49 do not alter or expand the zoning jurisdiction of the
counties within the exterior boundaries of the Leech Lake Indian
Reservation. The comprehensive plan of the board and the county
ordinances adopted pursuant to section 45, subdivision 1, apply
only to areas within the zoning jurisdiction of the counties as
provided by law in effect prior to May 20, 1981. [114B.03 s. 4]
Sec. 43. [103F.365] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 41 to 49. [114B.02 s. 1]
Subd. 2. [BOARD.] "Board" means the Mississippi headwaters
board established under section 44. [114B.02 s. 1]
Subd. 3. [COUNTIES.] "Counties" means the counties of
Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing
and Morrison. [114B.02 s. 1]
Sec. 44. [103F.367] [MISSISSIPPI HEADWATERS BOARD.]
Subdivision 1. [ESTABLISHMENT.] The Mississippi headwaters
board established by the counties of Clearwater, Hubbard,
Beltrami, Cass, Itasca, Aitkin, Crow Wing and Morrison by
agreement entered into on February 22, 1980, pursuant to section
471.59, is established as a permanent board with authority to
prepare, adopt and implement a comprehensive land use plan
designed to protect and enhance the Mississippi river and
related shoreland areas situated within the counties. [114B.02
s. 2]
Subd. 2. [MEMBERSHIP.] (a) The board shall consist of
eight members. The governing body of each county shall appoint
one of its members to serve on the board.
(b) The terms of board members are two years commencing on
the first Monday in January of odd-numbered years.
(c) Vacancies on the board shall be filled for the
remainder of the term by the governing body that made the
original appointment.
(d) The governing body of a county may designate another
member of the governing body or a county officer to act as an
alternate for the member appointed by that county. [114B.02 s.
3]
Subd. 3. [OFFICERS.] (a) The board shall annually appoint
from among its members a chair, vice-chair, and
secretary-treasurer who shall serve for concurrent one year
terms.
(b) The chair shall preside over all meetings of the board
and may call special meetings at reasonable times and upon
adequate notice when necessary.
(c) The vice-chair shall preside over the meetings of the
board in the absence of the chair.
(d) The secretary-treasurer or the designee of the
secretary-treasurer shall keep a record of all proceedings of
the board. The secretary-treasurer shall provide for the proper
receipt and disbursement of funds. [114B.02 s. 4]
Subd. 4. [MEETINGS.] (a) The regular meetings of the board
shall be held at times and places prescribed by it.
(b) A majority of all members of the board shall constitute
a quorum and a majority vote of all members shall be required
for actions taken by the board. [114B.02 s. 5]
Subd. 5. [STAFF AND CONTRACTS.] The board may employ staff
and contract for goods and services as necessary to implement
sections 41 to 49. Contracts are subject to the statutory
procedures and restrictions applicable to county contracts.
[114B.03 s. 7]
Subd. 6. [FUNDING.] The board shall annually submit to
each county for its approval an estimate of the funds it will
need from that county in the next fiscal year to prepare and
implement the comprehensive land use plan and otherwise carry
out the duties imposed upon it by sections 41 to 49. Each
county shall, upon approval of the estimate by its governing
body, furnish the necessary funds to the board. The board may
apply for, receive and disburse federal, state and other grants
and donations. [114B.03 s. 6]
Subd. 7. [ADVISORY COMMITTEES.] The board shall appoint
advisory committees, representing a broad geographical area and
diverse public interests, and conduct public meetings and
hearings necessary to afford the public an opportunity to become
fully informed of all deliberations in the preparation and
implementation of the plan. [114B.03 s. 2]
Subd. 8. [CONTACT WITH GOVERNMENT AGENCIES.] The board
shall initiate and maintain contacts with governmental agencies
as necessary to properly prepare the plan and shall negotiate
cooperative management agreements with the United States Forest
Service and Bureau of Land Management and the state department
of natural resources. The board, Beltrami, Cass, Hubbard, and
Itasca counties shall initiate and maintain contacts with the
governing body of the Leech Lake Indian Reservation and shall
negotiate a cooperative management and jurisdiction agreement
with the reservation governing body. [114B.03 s. 3]
Sec. 45. [103F.369] [COMPREHENSIVE LAND USE PLAN.]
Subdivision 1. [ADOPTION OF EXISTING PLAN.] The
comprehensive land use plan prepared by the board and approved
by resolution adopted on February 12, 1981, is the comprehensive
land use plan authorized by section 44, subdivision 1, and shall
be implemented by the board as provided in this section and
section 47. [114B.03 s. 1]
Subd. 2. [PLAN PROVIDES MINIMUM STANDARDS.] The standards
set forth in the plan are the minimum standards which may be
adopted by the board and by the counties for the protection and
enhancement of the natural, scientific, historical, recreational
and cultural values of the Mississippi river and related
shoreland areas subject to the plan. Except for forest
management, fish and wildlife habitat improvement, and open
space recreational uses as defined in the plan, state or county
lands within the boundaries established by the plan may not be
offered for public sale or lease. The board with the agreement,
expressed by resolution adopted after public hearing, of the
county boards of Clearwater, Hubbard, Beltrami, Cass, Itasca,
Aitkin, Crow Wing, and Morrison counties may amend the plan in
any way that does not reduce the minimum standards set forth in
the plan approved on February 12, 1981. [114B.03 s. 1]
Subd. 3. [IMPLEMENTATION.] The board shall develop and
establish a schedule for implementation and common
administration of the plan by the counties. The schedule shall
be binding upon the counties subject to approval by the
governing bodies of the respective counties. [114B.03 s. 5]
Subd. 4. [COUNTY LAND USE ORDINANCE MUST BE CONSISTENT
WITH PLAN.] The counties shall adopt land use ordinances
consistent with the comprehensive land use plan of the board.
[114B.03 s. 1]
Sec. 46. [103F.371] [RESPONSIBILITIES OF OTHER
GOVERNMENTAL UNITS.]
All local and special governmental units, councils,
commissions, boards and districts and all state agencies and
departments must exercise their powers so as to further the
purposes of sections 41 to 49 and the land use plan adopted by
the board on February 12, 1981. Land owned by the state, its
agencies, and political subdivisions shall be administered in
accordance with the land use plan adopted by the board on
February 12, 1981. [114B.031]
Sec. 47. [103F.373] [REVIEW AND CERTIFICATION OF LAND USE
ACTIONS.]
Subdivision 1. [PURPOSE.] To assure that the comprehensive
land use plan prepared by the board is not nullified by
unjustified exceptions in particular cases and to promote
uniformity in the treatment of applications for exceptions, a
review and certification procedure is established for the
following categories of land use actions taken by the counties
and directly or indirectly affecting land use within the area
covered by the plan:
(1) the adoption or amendment of an ordinance regulating
the use of land, including rezoning of particular tracts of
land;
(2) the granting of a variance from provisions of the land
use ordinance; and
(3) the approval of a plat which is inconsistent with the
land use ordinance. [114B.04 s. 1]
Subd. 2. [CERTIFICATION.] Notwithstanding any provision of
chapter 394 to the contrary, an action of a type specified in
subdivision 1, clauses (1) to (3), is not effective until the
board has reviewed the action and certified that it is
consistent with the comprehensive plan of the board. In
determining consistency of ordinances and ordinance amendments,
the provisions of the comprehensive land use plan shall be
considered minimum standards. An aggrieved person may appeal a
decision of the type specified in subdivision 1, clauses (1) to
(3), that is reviewed by the board under this section in the
same manner as provided for review of a decision of a board of
adjustment in section 394.27, subdivision 9, but only after the
procedures prescribed under this section have been completed.
[114B.04 s. 2]
Subd. 3. [PROCEDURE FOR CERTIFICATION.] A copy of the
notices of public hearings or, when a hearing is not required, a
copy of the application to consider an action of a type
specified in subdivision 1, clauses (1) to (3), must be
forwarded to the board by the county at least 15 days before the
hearing or meetings to consider the actions. The county shall
notify the board of its final decision on the proposed action
within ten days of the decision. By 30 days after the board
receives the notice, the board shall notify the county and the
applicant of its approval or disapproval of the proposed
action. [114B.04 s. 3]
Subd. 4. [DISAPPROVAL OF ACTIONS.] (a) If a notice of
disapproval is issued by the board, the county or the applicant
may, within 30 days of the notice, file with the board a demand
for a hearing. If a demand is not filed within the 30-day
period, the disapproval becomes final.
(b) If a demand is filed within the 30-day period, a
hearing must be held within 60 days of demand. The hearing must
be preceded by two weeks' published notice. Within 30 days
after the hearing, the board must:
(1) affirm its disapproval of the proposed action; or
(2) certify approval of the proposed action. [114B.04 s.
4]
Sec. 48. [103F.375] [INCORPORATION AND ANNEXATION.]
Subdivision 1. [MORATORIUM ON CERTAIN ACTIVITIES.] If land
subject to the comprehensive land use plan of the board is
annexed, incorporated, or otherwise subjected to the land use
planning authority of a home rule charter or statutory city, a
moratorium shall exist on:
(1) all subdivision platting and building permits on the
land until zoning regulations are adopted for the land that
comply with the provisions of the comprehensive plan of the
board; and
(2) construction, grading and filling, and vegetative
cutting as those activities are defined in the comprehensive
plan. [114B.05]
Subd. 2. [EXCEPTION FOR WORK UNDER PRIOR PERMITS.] This
section does not apply to work done pursuant to lawful permits
issued before the land became subject to the land use planning
authority of the city. [114B.05]
Sec. 49. [103F.377] [BIENNIAL REPORT.]
During the first year of each biennial legislative session,
the board shall prepare and present to the appropriate policy
committees of the legislature a report concerning the actions of
the board in exercising the authority granted by the legislature
under sections 41 to 49. The report must include an assessment
of the effectiveness of the board's comprehensive land use plan
and its implementation in protecting and enhancing the natural,
scientific, historical, recreational and cultural values of the
Mississippi river and related shorelands situated within the
member counties. [114B.06]
PROJECT RIVERBEND
Sec. 50. [103F.381] [FINDINGS.]
The legislature finds that the Minnesota river from the
city of Franklin in Renville county to LeSueur in LeSueur county
possesses outstanding scenic, recreational, natural, historical,
scientific, and similar values. Because it is in the interest
of present and future generations to retain these values, the
legislature finds that the adoption and implementation of a
comprehensive land use plan is necessary. [MN L 1982, c 627,
sec 1, subd 1]
Sec. 51. [103F.383] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 51 to 56.
Subd. 2. [BOARD.] "Board" means the Project Riverbend
board.
Subd. 3. [COUNTIES.] "Counties" means the counties of
Renville, Redwood, Brown, Nicollet, Blue Earth, and LeSueur,
except as otherwise provided in Laws 1982, chapter 627, section
7. [MN L 1982, c 627, sec 1, subd 2]
Sec. 52. [103F.385] [BOARD.]
Subdivision 1. [ESTABLISHMENT.] The Project Riverbend
board is established under Laws 1982, chapter 627. [MN L 1982,
c 627, sec 2, subd 1]
Subd. 2. [MEMBERS.] (a) Except as provided in Laws 1982,
chapter 627, section 7, the board shall consist of six members,
one each from the counties of Renville, Redwood, Brown,
Nicollet, Blue Earth, and LeSueur.
(b) The members shall be appointed by their respective
county boards for a term of two years. [MN L 1982, c 627, sec
2, subd 2]
Subd. 3. [CHAIR.] The board shall select a chairperson,
who shall preside at meetings and hearings and may call special
meetings. [MN L 1982, c 627, sec 2, subd 3]
Subd. 4. [PROCEDURAL RULES AND RECORDS.] The board shall
adopt rules for the transaction of its business and shall keep a
public record of its transactions, findings, and determinations.
[MN L 1982, c 627, sec 2, subd 3]
Subd. 5. [QUORUM.] A majority of all members of the board
constitutes a quorum and a majority vote of all members is
required for the board to take any action pursuant to section
54. [MN L 1982, c 627, sec 2, subd 3]
Subd. 6. [STAFF AND FUNDS.] The counties shall supply
staff and funds to the board as may be necessary for its
operation. [MN L 1982, c 627, sec 2, subd 4]
Sec. 53. [103F.387] [COMPREHENSIVE PLAN.]
(a) The comprehensive plan known as "Project Riverbend
Fifth Draft, June 1981" shall be implemented by the board and
the counties as provided in sections 51 to 56. The counties
shall adopt land use ordinances consistent with the plan. The
standards set forth in the plan are the minimum standards that
may be adopted by the board and the counties. The board may
amend the comprehensive land use plan in any way that does not
reduce the minimum standards set forth in the plan.
(b) The board shall develop and establish a schedule for
implementation and administration of the plan by the counties.
The schedule shall be binding on the counties subject to
approval by the governing bodies of the respective counties.
[MN L 1982, c 627, sec 3]
Sec. 54. [103F.389] [REVIEW AND CERTIFICATION OF LAND USE
ACTIONS.]
Subdivision 1. [LAND USE ACTIONS COVERED.] To ensure that
the comprehensive land use plan is not nullified by unjustified
exceptions in particular cases and to promote uniformity in the
treatment of applications for exceptions, a review and
certification procedure is established for the following
categories of land use actions taken by the counties and
directly or indirectly affecting land use within the area
covered by the plan:
(1) the adoption or amendment of an ordinance regulating
the use of land, including rezoning of a particular tract of
land;
(2) the granting of a variance from provisions of the land
use ordinances; and
(3) the approval of a plat which is inconsistent with the
land use ordinance. [MN L 1982, c 627, sec 4, subd 1]
Subd. 2. [LAND USE ACTIONS MUST BE CONSISTENT WITH
PLAN.] (a) Notwithstanding any contrary provision of chapter
394, an action of a type specified in subdivision 1, clauses (1)
to (3), is not effective until the board has reviewed the action
and certified that it is consistent with the comprehensive plan
of the board.
(b) In determining consistency of ordinances and ordinance
amendments, the provisions of the comprehensive land use plan
shall be considered minimum standards. An aggrieved person may
appeal a decision of the type specified in subdivision 1,
clauses (1) to (3), which is reviewed by the board under this
section in the manner provided for review of a decision of a
board of adjustment under section 394.27, subdivision 9, but
only after the procedures prescribed under this section have
been completed. [MN L 1982, c 627, sec 4, subd 2]
Subd. 3. [PROCEDURE FOR CERTIFICATION.] (a) A copy of all
notices of public hearings or, when a hearing is not required, a
copy of the application to consider any actions of a type
specified in subdivision 1, clauses (1) to (3), must be
forwarded to the board by the county at least ten days prior to
the hearing or meetings to consider the land use actions.
(b) The county shall notify the board of its final decision
on the proposed action within ten days of the decision.
(c) By 30 days from the time it receives the notice, the
board shall notify the county and the applicant of its approval
or disapproval of the proposed action. [MN L 1982, c 627, sec
4, subd 3]
Subd. 4. [DISAPPROVAL OF ACTIONS.] (a) If the board issues
a notice of disapproval, either the county or the applicant may,
within 30 days of notice, file a demand for a hearing with the
board.
(b) If a demand is not filed during that period, the
disapproval becomes final.
(c) If a demand is filed within the 30-day period, a
hearing shall be held within 60 days of demand and shall be
preceded by two weeks' published notice. Within 30 days after
the hearing, the board shall either affirm its disapproval of
the proposed action or certify its approval. [MN L 1982, c 627,
sec 4, subd 4]
Sec. 55. [103F.391] [RESTRICTIONS ON LAND INCORPORATED OR
ANNEXED.]
(a) If land subject to the comprehensive land use plan of
the board is annexed, incorporated, or otherwise subjected to
the land use planning authority of a home rule charter or
statutory city, a moratorium shall exist on all subdivision
platting and building permits on that land until zoning
regulations are adopted for the land that comply with the
provisions of the comprehensive plan of the board.
(b) The moratorium shall also apply to construction,
grading and filling, and vegetative cutting as those activities
are defined in the comprehensive plan.
(c) This section does not apply to work done pursuant to
lawful permits issued before the land became subject to the land
use planning authority of the city. [MN L 1982, c 627, sec 5]
Sec. 56. [103F.393] [BIENNIAL REPORT.]
During the first year of each biennial legislative session,
the board shall prepare and present to the appropriate policy
committees of the legislature a report concerning the actions of
the board in exercising the authority granted by the legislature
under sections 51 to 56. The report shall include an assessment
of the effectiveness of the board's comprehensive land use plan
and its implementation in protecting and enhancing the
outstanding scenic, recreational, natural, historical,
scientific, and similar values of the Minnesota river and
related shorelands situated within the member counties. [MN L
1982, c 627, sec 6]
SOIL EROSION
Sec. 57. [103F.401] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 57 to 68. [40.19 s. 1]
Subd. 2. [CONSERVATION PLAN.] "Conservation plan" means a
set of practices that will decrease soil erosion to the soil
loss limits on a particular parcel of land. [40.19 s. 2a]
Subd. 3. [CONSERVATION PRACTICES.] "Conservation
practices" means practices and standards containing a
definition, purpose, and conditions that the practice applies
including design requirements and specifications containing a
statement of details required for installing a conservation
practice, including kinds, quality, and quantity of work and
materials needed to meet the standards. A conservation practice
may be a permanent or temporary, vegetative or structural
measure that will aid the control of wind and water erosion.
Permanent practices are those that have effective life greater
than ten years and include grassed waterways, terraces, field
windbreaks, water control structures, grade stabilization
structures, sediment retention structures, strip-cropping, and
other permanent practices approved by the board of water and
soil resources. Temporary practices include conservation
tillage, contour farming, grasses and legumes in rotation,
emergency tillage, and any other cultural practices approved by
the board of water and soil resources. [40.19 s. 5]
Subd. 4. [DEVELOPMENT ACTIVITY.] "Development activity"
means a physical disturbance of the land, that may result in
sedimentation of adjacent lands or waters, associated with
activities that include clearing, grading, excavating,
transporting, and filling lands. Road construction by federal,
state, county, and municipal governments designed according to
department of transportation standard specifications for
construction are not development activities. [40.19 s. 6]
Subd. 5. [EROSION.] "Erosion" means any process that
removes soil away from the surface of the land by the action of
water, wind, or gravity. [40.19 s. 7]
Subd. 6. [EXCESSIVE SOIL LOSS.] "Excessive soil loss"
means soil loss that is greater than the soil loss limits.
Excessive soil loss may be evidenced by sedimentation on
adjoining land or in a body of water. [40.19 s. 7a]
Subd. 7. [LAND OCCUPIER.] "Land occupier" means a person,
firm, corporation, municipality, or other legal entity that
holds title to or is in possession of lands, as owner, lessee,
or otherwise. "Land occupier" includes both the owner and the
occupier of the land if they are not the same. [40.19 s. 9]
Subd. 8. [LOCAL GOVERNMENT.] "Local government" means the
elected governing body of a county, home rule charter or
statutory city, or town, or their designated agents. Agents may
include soil and water conservation districts, water management
organizations, joint powers boards, watershed districts, and
other governmental entities responsible for resource management
within the local government's jurisdiction. [40.19 s. 9a]
Subd. 9. [SEDIMENT.] "Sediment" means solid mineral or
organic material that is in suspension, is being transported, or
has been moved from its original location by air, water,
gravity, or ice, and has been deposited at another location.
[40.19 s. 11]
Subd. 10. [SOIL.] "Soil" means the unconsolidated mineral
and organic material on the immediate surface of the earth that
serves as natural medium for the growth of land plants. [40.19
s. 11a]
Subd. 11. [SOIL LOSS LIMIT.] "Soil loss limit" means the
maximum amount of soil loss from water or wind erosion,
expressed in tons per acre per year, that is allowed by local
regulations on a particular soil. [40.19 s. 13]
Subd. 12. [TECHNICAL GUIDE.] "Technical guide" means the
guide developed by the United States Soil Conservation Service
and adopted by soil and water conservation districts containing
technical information including methods and procedures by which
the various types of erosion can be measured, and conservation
practice standards and specifications required in the
application of soil and water conservation practices. [40.19 s.
16]
Sec. 58. [103F.405] [SOIL LOSS ORDINANCES.]
Subdivision 1. [AUTHORITY.] Each statutory or home rule
charter city, town, or county that has planning and zoning
authority under sections 366.10 to 366.19, 394.21 to 394.37, or
462.351 to 462.365 is encouraged to adopt a soil loss
ordinance. The soil loss ordinance must use the soil loss
tolerance for each soil series described in the United States
Soil Conservation Service Field Office Technical Guide to
determine the soil loss limits, but the soil loss limits must be
attainable by the best practicable soil conservation practice.
Ordinances adopted by local governments within the metropolitan
area defined in section 473.121 must be consistent with local
water management plans adopted under section 473.879. [40.20]
Subd. 2. [AGENTS OF LOCAL GOVERNMENTS.] A local government
that adopts a soil loss ordinance may enter an agreement with
its agent allowing the agent to administer the functions and
perform the duties of the local government as provided by
sections 57 to 68. [40.20]
Sec. 59. [103F.411] [MODEL ORDINANCE.]
Subdivision 1. [AUTHORITY.] The board of water and soil
resources, in consultation with counties, soil and water
conservation districts, and other appropriate agencies, shall
adopt a model ordinance and rules that serve as a guide for
local governments to implement sections 57 to 68 and provide
administrative procedures for the board for sections 57 to 68.
[40.21 s. 1]
Subd. 2. [MODEL ORDINANCE.] The model ordinance must
specify the technical and administrative procedures required to
control soil loss and erosion. The model ordinance is the
minimum regulation to be adopted. The model ordinance must use
the soil loss tolerance for each soil series described in the
United States Soil Conservation Service Field Office Technical
Guide to determine soil loss limits, but the soil loss limits
must be attainable by the best practicable soil conservation
practice. [40.21 s. 2]
Subd. 3. [PERIODIC REVIEW.] At least once every five years
the board shall review the rules and model ordinance in
cooperation with counties, soil and water conservation
districts, and appropriate agencies to ensure their continued
applicability and relevance. [40.21 s. 3]
Sec. 60. [103F.415] [EXCESSIVE SOIL LOSS PROHIBITED.]
Subdivision 1. [PROHIBITED ACTIVITIES.] A person may not
cause, conduct, contract for, or authorize an activity that
causes excessive soil loss. [40.22 s. 1]
Subd. 2. [AGRICULTURAL LAND.] A land occupier of
agricultural land is not violating subdivision 1 if the occupier
is farming by methods that implement the best practicable
conservation practices. [40.22 s. 2]
Subd. 3. [WOODLAND.] A land occupier who uses wooded land
for pasture must ensure that proper management is used to
prevent excessive soil loss due to overgrazing or cattle paths.
[40.22 s. 3]
Sec. 61. [103F.421] [ENFORCEMENT.]
Subdivision 1. [COMPLAINT.] (a) An adversely affected
landowner, an elected or appointed official of the local
government, or a soil and water conservation district board
member may submit a written complaint to the local government if
conditions exist that indicate there is excessive soil loss from
a tract of land that affects another tract of land or body of
water. The written complaint must contain:
(1) the name and address of the landowner whose land is
causing excessive soil loss;
(2) the location of the tract of land with the excessive
soil loss;
(3) a description of land or water that is affected by the
excessive soil loss; and
(4) a description of the nature of the excessive soil loss
and resulting sedimentation.
(b) The local government shall submit the complaint to the
soil and water conservation district for soil loss determination.
[40.23 s. 1]
Subd. 2. [DISTRICT DETERMINATION OF SOIL LOSS.] (a) The
soil and water conservation district shall determine the average
soil loss in tons per acre per year of the tract of land cited
in the complaint.
(b) Representatives of the soil and water conservation
district may enter public or private land to make an inspection
for the determination of soil loss or to complete the report
required by paragraph (c). The landowners must be notified of
the time of the inspection and be given an opportunity to be
present when the inspection is made.
(c) The soil and water conservation district shall submit a
report to the local government that states the average soil loss
in tons per acre per year for each tract of land and whether the
soil loss is excessive under the applicable soil loss limits.
If the soil loss is excessive the report must include
identification of existing management practices and a
conservation plan and time schedule that will prevent excessive
soil loss or reduce the soil loss to the most practicable extent.
[40.23 s. 2]
Subd. 3. [MEDIATION.] (a) If the soil and water
conservation district report shows that soil loss from the tract
of land is excessive and alternative practices are available to
reduce the soil loss, the local government shall request the
allegedly offending landowner to participate in mediation with
the local government.
(b) The local government may appoint the planning and
zoning director, a planning commissioner, or other county
official to act as a mediator. The local government may also
contract with a mediation center to provide mediation services.
(c) The landowner and the local government or its agent
must attempt to agree on conservation practices and times to
implement the practice that will reduce soil loss to the local
soil loss limits.
(d) A mediated settlement must be in writing and filed with
the local government.
(e) If the local government and the landowner do not agree
to a mediated settlement, or if the landowner refuses to
participate in mediation, the local government shall forward the
complaint to the county attorney. The county attorney may
dismiss the complaint or petition for a hearing under section
62. [40.23 s. 3]
Subd. 4. [APPLICATION FOR COST-SHARING FUNDS.] The
landowner has 90 days after a mediated settlement is filed to
apply for state cost-sharing funds that will provide 75 percent
of the cost of the permanent conservation practices. Only 50
percent of the cost share will be provided if the application is
not made within 90 days after the settlement is filed. The
landowner must apply for 50 percent of the cost share within 270
days after the mediated settlement is filed. [40.23 s. 4]
Subd. 5. [PENALTY.] A landowner that does not comply with
the provisions of the mediated settlement is subject to a civil
penalty up to $500. Soil conservation practices that are made
in good faith and substantial compliance are a complete defense.
[40.23 s. 5]
Sec. 62. [103F.425] [DISTRICT COURT HEARING.]
Subdivision 1. [DETERMINATION OF PROPER CONSERVATION
PLAN.] If the landowner and the local government do not agree to
a mediated settlement or if the landowner has refused mediation,
the county attorney may petition the district court for a
hearing. The landowner shall have the opportunity to present
the landowner's conservation plan and time schedule as an
alternative to the local government conservation plan and time
schedule. The court shall order the landowner to implement the
conservation plan and time schedule that is the least burdensome
to the landowner and will reduce soil loss to at least the soil
loss limit. The court may amend the local government's or
landowner's conservation plan and time schedule, or develop a
new conservation plan and time schedule. The court shall set
times to implement, make satisfactory progress, and complete the
conservation plan. [40.242 s. 1]
Subd. 2. [COST-SHARING FUNDS.] (a) If the court orders
implementation of the landowner's conservation plan and time
schedule, or amends the conservation plan and time schedule, or
if the court develops a new conservation plan and time schedule,
the landowner is eligible to apply for 75 percent cost-share
funds for permanent conservation practices. The landowner must
apply for the cost share within 90 days after the court order.
If the landowner does not apply within 90 days for the
cost-sharing funds the cost share is reduced to 50 percent. The
court shall establish a time after which the landowner is no
longer eligible for cost-sharing funds if an application is not
made.
(b) If the court orders a plan and time schedule developed
by the district in its report, the landowner is eligible for 50
percent cost share if the landowner applies within 90 days after
the court order. [40.242 s. 2]
Sec. 63. [103F.431] [SOIL AND WATER CONSERVATION
ASSISTANCE.]
A landowner who has filed a mediated settlement under
section 61 or who has received a court order under section 62
may request the soil and water conservation district to assist
in the planning, design, and application of practices necessary
to reduce soil loss to the applicable soil loss limit amounts or
to the greatest practical extent. The soil and water
conservation district must give the landowner a high priority
for technical and cost-sharing assistance. [40.244]
Sec. 64. [103F.435] [ATTORNEY AND LOCAL GOVERNMENT MAY
PERFORM DUTY OF COUNTY.]
The city attorney or town attorney may perform the duties
of a county attorney. A city or town may perform the duties of
a local government only if the city or town adopts a soil loss
ordinance and the land specified in the complaint is located
within the city or town. [40.246]
Sec. 65. [103F.441] [EROSION CONTROL PLAN FOR DEVELOPMENT
ACTIVITIES.]
Subdivision 1. [SEDIMENTATION CONTROL PLAN.] (a) A person
engaged in a development activity that will disturb over one
acre of land must submit a sedimentation control plan and time
schedule that will prevent excessive soil loss to the local
government having jurisdiction over the land before the
development activity is to begin.
(b) A sedimentation control plan and time schedule must
specify how the movement of soil and damage to other property
during the construction will be minimized, including the use of
temporary seeding, fiber mats, plastic, straw, mulch, sediment
control basins, and other measures to prevent erosion and
sediment damage. The time schedule must establish deadlines for
the implementation and completion of each phase or element of
the sedimentation control plan. [40.25 s. 1]
Subd. 2. [PERMIT REQUIRED.] The local government may
appoint the zoning and planning director, building inspector,
county engineer, or the soil and water conservation district to
review the plan and time schedule. If the sedimentation control
plan and time schedule will prevent excessive soil loss to the
most practicable extent, the local government must issue a
permit that authorizes the development activity contingent upon
the implementation and completion of the sedimentation control
plan. [40.25 s. 2]
Subd. 3. [PENALTY.] A person engaged in a development
activity who does not obtain a sedimentation control plan permit
or does not commence or complete the plan or make satisfactory
progress to complete the plan is subject to a civil penalty.
Soil conservation practices made in good faith and substantial
compliance are a defense. [40.25 s. 3]
Subd. 4. [APPLICATION.] For counties, the provisions of
this section apply only to county jurisdiction over
unincorporated areas. [40.25 s. 4]
Sec. 66. [103F.445] [COST-SHARING FUNDS.]
Subdivision 1. [COST-SHARE REQUIRED.] Except for a
development activity, a land occupier may not be required to
establish soil conservation practices unless state cost-sharing
funds have been specifically approved for that land and have
been made available to the land occupier under sections 61 and
62, equal to at least 75 percent of the cost of the permanent
conservation practices on a voluntary basis, or a 50 percent
cost-share if an application for cost-share is not made within
90 days after the board approves a mediated written agreement or
within 90 days after the court orders implementation of a plan
and time schedule prepared by the landowner or the court. For
mediated settlements, a court order that implements the
landowner's alternatives or the court's alternatives must state
the time schedule for application for 50 percent cost-share. If
the court orders implementation of the district's plan and time
schedule, a landowner is eligible only for 50 percent
cost-share. [40.26 s. 1]
Subd. 2. [REVIEW OF REQUIREMENTS.] The board of water and
soil resources shall review these requirements at least once
each year, and may authorize a district to provide a higher
percentage of cost-sharing than is required by this section. To
aid in this determination, the board may consider the location
of the affected area in relation to the priority areas as
established in the soil and water conservation district annual
and long-range plans. [40.26 s. 2]
Subd. 3. [RECORDING.] The permanent conservation practices
must be recorded with the county recorder on the tracts where
they occur if the cost-sharing funds are issued to the landowner.
[40.26 s. 3]
Sec. 67. [103F.451] [APPLICABILITY.]
The provisions of sections 60 to 68 are not applicable
without the adoption of an ordinance by the county or local
government unit. [40.27]
Sec. 68. [103F.455] [PENALTY.]
A person who violates section 60, subdivision 1, is subject
to a civil penalty up to $500. [40.28]
Sec. 69. [103F.460] [ENVIRONMENTAL AGRICULTURAL EDUCATION
PROGRAM.]
Subdivision 1. [PROGRAM.] An environmental agricultural
program is established:
(1) to work with agricultural producers;
(2) to advise and inform agricultural producers on the
impact of certain farming practices on water quality;
(3) to promote sustainable agriculture through use of best
management practices and integrated pest management;
(4) to demonstrate and evaluate alternative pesticide
practices; and
(5) to develop and promote farm profitability through a
reduction in farm inputs.
Subd. 2. [CONTRACTS.] Contracts to carry out the program
must be awarded by the board of water and soil resources
following review by the legislative water commission. [40.31]
REINVEST IN MINNESOTA RESOURCES ACT
Sec. 70. [103F.501] [SHORT TITLE.]
Sections 71 to 77 may be cited as the "reinvest in
Minnesota resources law." [40.40]
Sec. 71. [103F.505] [PURPOSE AND POLICY.]
It is the purpose of sections 71 to 77 to keep certain
marginal agricultural land out of crop production to protect
soil and water quality and support fish and wildlife habitat.
It is state policy to encourage the retirement of marginal,
highly erodible land, particularly land adjacent to public
waters and drainage systems, from crop production and to
reestablish a cover of perennial vegetation. [40.41]
Sec. 72. [103F.511] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 71 to 78. [40.42 s. 1]
Subd. 2. [BOARD.] "Board" means the board of water and
soil resources. [40.42 s. 2]
Subd. 3. [CONSERVATION EASEMENT.] "Conservation easement"
means a conservation easement as defined in section 84C.01.
[40.42 s. 3]
Subd. 4. [CONSERVATION RESERVE PROGRAM.] "Conservation
reserve program" means the program established under section
73. [40.42 s. 4]
Subd. 5. [DRAINED WETLAND.] "Drained wetland" means a
former natural wetland that has been altered by draining,
dredging, filling, leveling, or other manipulation sufficient to
render the land suitable for agricultural crop production. The
alteration must have occurred before December 23, 1985, and must
be a legal alteration as determined by the commissioner of
natural resources.
Subd. 6. [LANDOWNER.] "Landowner" means individuals,
family farms, family farm partnerships, authorized farm
partnerships, family farm corporations and authorized farm
corporations as defined under section 500.24, subdivision 2, and
estates and testamentary trusts, which either own eligible land
or are purchasing eligible land under a contract for deed.
[40.42 s. 5]
Subd. 7. [MARGINAL AGRICULTURAL LAND.] "Marginal
agricultural land" means land that is:
(1) composed of class IIIe, IVe, V, VI, VII, or VIII land
as identified in the land capability classification system of
the United States Department of Agriculture; or
(2) similar to land described under clause (1) and
identified under a land classification system selected by the
board. [40.42 s. 6]
Subd. 8. [PUBLIC WATERS.] "Public waters" means waters and
wetlands as defined in article 7, section 2, and inventoried
under article 7, section 13. [40.42 s. 8]
Subd. 9. [SENSITIVE GROUNDWATER AREA.] "Sensitive
groundwater area" means a geographic area defined by natural
features where there is a significant risk of groundwater
degradation from activities conducted at or near the land
surface. These areas may be identified by mapping or other
appropriate methods determined by the commissioner of natural
resources and the board of water and soil resources. Wellhead
protection areas may be designated as a sensitive groundwater
area. [40.42 s. 6a, 9]
Subd. 10. [WETLAND.] "Wetland" means land that has a
predominance of hydric soils and that is inundated or saturated
by surface or ground water at a frequency and duration
sufficient to support, or that periodically does support, a
predominance of hydrophytic vegetation typically adapted for
life in saturated soil conditions. [40.42 s. 7]
Subd. 11. [WINDBREAK.] "Windbreak" means a strip or belt
of trees, shrubs, or grass barriers at least six rows deep and
within 300 feet of the right-of-way of a highway. [40.42 s. 8]
Sec. 73. [103F.515] [CONSERVATION RESERVE PROGRAM.]
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The board, in
consultation with the commissioner of agriculture and the
commissioner of natural resources, shall establish and
administer a conservation reserve program. The board shall
implement sections 71 to 77. Selection of land for the
conservation reserve program must be based on its potential for
fish and wildlife production, reducing erosion, and protecting
water quality. [40.43 s. 1]
Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
conservation reserve program if the land meets the requirements
of paragraphs (b) and (c).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either
beneficial to resource protection or necessary for efficient
recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak would be beneficial to
resource protection;
(5) is land in a sensitive groundwater area;
(6) is cropland adjacent to public waters;
(7) is cropland adjacent to restored wetlands to the extent
of up to four acres of cropland for each acre of wetland
restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land,
provided that funds are not used for compensation of the value
of the buildings; or
(10) is land on a hillside used for pasture.
(c) Eligible land under paragraph (a) must:
(1) have been owned by the landowner on January 1, 1985, or
be owned by the landowner, or a parent or other blood relative
of the landowner, for at least one year before the date of
application;
(2) be at least five acres in size, except for a windbreak,
woodlot, or abandoned building site, or be a whole field as
defined by the United States Agricultural Stabilization and
Conservation Services;
(3) not be set aside, enrolled or diverted under another
federal or state government program; and
(4) have been in agricultural crop production for at least
two years during the period 1981 to 1985 except drained
wetlands, woodlots, abandoned building sites, or land on a
hillside used for pasture.
(d) The enrolled land of a landowner may not exceed 20
percent of the average farm size in the county where the land is
being enrolled according to the average farm size determined by
the United States Department of Agriculture, Census of
Agriculture.
(e) In selecting drained wetlands for enrollment in the
program, the highest priority must be given to wetlands with a
cropping history during the period 1976 to 1985.
(f) In selecting land for enrollment in the program,
highest priority must be given to permanent easements that are
consistent with the purposes stated in section 71. [40.43 s. 2]
Subd. 3. [CONSERVATION EASEMENTS.] The board may acquire
conservation easements on eligible land. An easement may be
permanent or of limited duration. An easement acquired on land
for windbreak purposes, under subdivision 2, may be only of
permanent duration. An easement of limited duration may not be
acquired if it is for a period less than 20 years. The
negotiation and acquisition of easements authorized by this
section are exempt from the contractual provisions of chapter
16B. [40.43 s. 3]
Subd. 4. [NATURE OF PROPERTY RIGHTS ACQUIRED.] (a) A
conservation easement must prohibit:
(1) alteration of wildlife habitat and other natural
features, unless specifically approved by the board;
(2) agricultural crop production, unless specifically
approved by the board for wildlife management purposes;
(3) grazing of livestock except, for agreements entered
before the effective date of this act, grazing of livestock may
be allowed only if approved by the board after consultation with
the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
(4) spraying with chemicals or mowing, except as necessary
to comply with noxious weed control laws or emergency control of
pests necessary to protect public health.
(b) A conservation easement is subject to the terms of the
agreement provided in subdivision 5.
(c) A conservation easement must allow repairs,
improvements, and inspections necessary to maintain public
drainage systems provided the easement area is restored to the
condition required by the terms of the conservation easement.
[40.43 s. 4]
Subd. 5. [AGREEMENTS BY LANDOWNER.] The board may enroll
eligible land in the conservation reserve program by signing an
agreement in recordable form with a landowner in which the
landowner agrees:
(1) to convey to the state a conservation easement that is
not subject to any prior title, lien, or encumbrance;
(2) to seed the land subject to the conservation easement,
as specified in the agreement, to establish and maintain
perennial cover of either a grass-legume mixture or native
grasses for the term of the easement, at seeding rates
determined by the board; or to plant trees or carry out other
long-term capital improvements approved by the board for soil
and water conservation or wildlife management;
(3) to convey to the state a permanent easement for the
wetland restoration;
(4) that other land supporting natural vegetation owned or
leased as part of the same farm operation at the time of
application, if it supports natural vegetation or has not been
used in agricultural crop production, will not be converted to
agricultural crop production or pasture; and
(5) that the easement duration may be lengthened through
mutual agreement with the board in consultation with the
commissioners of agriculture and natural resources if they
determine that the changes effectuate the purpose of the program
or facilitate its administration. [40.43 s. 5]
Subd. 6. [PAYMENTS FOR CONSERVATION EASEMENTS AND
ESTABLISHMENT OF COVER.] (a) The board must make the following
payments to the landowner for the conservation easement and
agreement:
(1) to establish the perennial cover or other improvements
required by the agreement, up to 75 percent of the total
eligible cost not to exceed $75 per acre for limited duration
easements, 100 percent of the total eligible cost not to exceed
$100 per acre for perpetual easements, and 100 percent of the
total eligible cost of wetland restoration not to exceed $300
per acre;
(2) for the cost of planting trees required by the
agreement, up to 75 percent of the total eligible cost not to
exceed $200 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $300 per acre
for perpetual easements;
(3) for a permanent easement, 70 percent of the township
average equalized estimated market value of agricultural
property as established by the commissioner of revenue at the
time of easement application;
(4) for an easement of limited duration, 90 percent of the
present value of the average of the accepted bids for the
federal conservation reserve program, as contained in Public Law
Number 99-198, in the relevant geographic area and on bids
accepted at the time of easement application; or
(5) an alternative payment system for easements based on
cash rent or a similar system as may be determined by the board.
(b) For hillside pasture conservation easements, the
payments to the landowner in paragraph (a) for the conservation
easement and agreement must be reduced to reflect the value of
similar property. [40.43 s. 6]
Subd. 7. [EASEMENT RENEWAL.] When a conservation easement
of limited duration expires, a new conservation easement and
agreement for an additional period of not less than 20 years may
be acquired by agreement of the board and the landowner, under
the terms of this section. The board may adjust payment rates
as a result of renewing an agreement and conservation easement
only after examining the condition of the established cover,
conservation practices, and land values. [40.43 s. 7]
Subd. 8. [CORRECTION OF CONSERVATION EASEMENT BOUNDARY
LINES.] To correct errors in legal descriptions for easements
obtained that affect the ownership interests in the state and
adjacent landowners, the board may, in the name of the state,
with the approval of the attorney general, convey, without
consideration, interests of the state necessary to correct legal
descriptions of boundaries. The conveyance must be by quitclaim
deed or release in a form approved by the attorney general.
[40.43 s. 8]
Subd. 9. [ENFORCEMENT AND DAMAGES.] (a) A landowner who
violates the term of a conservation easement or agreement under
this section, or induces, assists, or allows another to do so,
is liable to the state for treble damages if the trespass is
willful, but liable for double damages only if the trespass is
not willful. The amount of damages is the amount needed to make
the state whole or the amount the landowner has gained due to
the violation, whichever is greater.
(b) Upon the request of the board, the attorney general may
commence an action for specific performances, injunctive relief,
damages, including attorney's fees, and any other appropriate
relief to enforce sections 71 to 77 in district court in the
county where all or part of the violation is alleged to been
committed, or where the landowner resides or has a principal
place of business. [40.43 s. 9]
Sec. 74. [103F.521] [COOPERATION AND TECHNICAL
ASSISTANCE.]
Subdivision 1. [COOPERATION.] In implementing sections 71
to 77, the board must share information and cooperate with the
department of agriculture, the department of natural resources,
the pollution control agency, the United States Fish and
Wildlife Service, the Agricultural Stabilization and
Conservation Service and Soil Conservation Service of the United
States Department of Agriculture, the Minnesota extension
service, the University of Minnesota, county boards, and
interested private organizations and individuals. [40.44 s. 1]
Subd. 2. [TECHNICAL ASSISTANCE.] (a) The board and the
commissioners of agriculture and natural resources must provide
necessary technical assistance to landowners enrolled in the
conservation reserve program. The commissioner of natural
resources must provide technical advice and assistance to the
board on:
(1) the form and content of the conservation easement and
agreement;
(2) forestry and agronomic practices; and
(3) hydrologic and hydraulic design relating to the
establishment and maintenance of permanent cover, or other
conservation improvements.
(b) The commissioner of transportation must provide
technical advice and assistance to the board and the
commissioner of natural resources on the planting of windbreaks
adjacent to highways.
(c) The board and the commissioners of agriculture and
natural resources shall jointly prepare an informational booklet
on the conservation reserve program and other state and federal
programs for land acquisition, conservation, and retirement to
be made available to eligible landowners and the general public.
[40.44 s. 2]
Sec. 75. [103F.525] [SUPPLEMENTAL PAYMENTS ON FEDERAL AND
STATE CONSERVATION PROGRAMS.]
The board may supplement payments made under federal land
retirement programs to the extent of available appropriations
other than bond proceeds. The supplemental payments must be
used to establish perennial cover on land enrolled or increase
payments for land enrollment in programs approved by the board,
including the federal conservation reserve program and federal
and state water bank program. [40.44 s. 3]
Sec. 76. [103F.526] [FOOD PLOTS IN WINDBREAKS.]
The board, in cooperation with the commissioner of natural
resources, may authorize wildlife food plots on land with
windbreaks. [40.44 s. 4]
Sec. 77. [103F.531] [RULEMAKING.]
The board may adopt rules to implement sections 71 to 77.
The rules must include standards for tree planting so that
planting does not conflict with existing electrical lines,
telephone lines, rights-of-way, or drainage ditches. [40.45]
Sec. 78. [103F.535] [RESERVATION OF MARGINAL LAND AND
WETLANDS.]
Subdivision 1. [RESERVATION OF MARGINAL LAND AND
WETLANDS.] Notwithstanding any other law, marginal land and
wetlands are withdrawn from sale by the state unless use of the
marginal land or wetland is restricted by a conservation
easement as provided in this section. This section does not
apply to transfers of land by the board of water and soil
resources to correct errors in legal descriptions under section
73, subdivision 8, or to transfers by the commissioner of
natural resources for:
(1) land that is currently in nonagricultural commercial
use if a conservation easement would interfere with the
commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal
descriptions under section 84.0273;
(4) exchanges of nonagricultural land with the federal
government, or exchanges of Class A, Class B, and Class C
nonagricultural land with local units of government under
sections 94.342, 94.343, 94.344, and 94.349;
(5) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10; and
(6) land not needed for trail purposes that is sold to
adjacent property owners and lease holders under section 85.015,
subdivision 1, paragraph (b).
Subd. 2. [DELINEATION OF WETLAND OR MARGINAL LAND.] (a)
Before state land is sold, the land must be submitted to the
board of water and soil resources to determine and delineate the
marginal land and wetlands to be reserved or restricted by a
conservation easement. The delineation of the reservation or
conservation easement need not be by legal description and may
be a description in general terms that identifies the marginal
land or wetlands.
(b) Marginal land and wetlands may not be sold unless
restricted by a conservation easement with the restrictions
provided in section 73, subdivision 4, paragraphs (a) and (c),
and other restrictions determined necessary by the board of
water and soil resources.
Subd. 3. [SCHOOL TRUST LAND.] If the sale of school trust
land as defined in section 92.025 is restricted by a
conservation easement and the restriction results in a reduction
of the amount received from the sale, the commissioner of
natural resources must determine the amount of the reduction.
The amount of the reduction in sale price must be paid from
appropriations to acquire conservation easements and shall be
credited to the account to which the proceeds from the sale are
credited.
Subd. 4. [RELEASE AND ALTERATION OF CONSERVATION
EASEMENT.] The board may alter, release, or terminate a
conservation easement created under this section after
consultation with the commissioners of agriculture and natural
resources. The board may alter, release, or terminate a
conservation easement only if the board determines the public
interests and general welfare are better served by the
alteration, release, or termination. [40.46]
WATER BANK PROGRAM
Sec. 79. [103F.601] [WATER BANK PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] (a) The commissioner of
natural resources shall establish a water bank program of
acquiring interests in land to preserve wetlands, whether or not
the wetlands are included in the definition contained in article
7, section 2, subdivision 18.
(b) The commissioner may:
(1) acquire title to wetlands under section 97A.145; or
(2) enter into easement agreements with property owners to
preserve wetlands and other waters. [105.392 s. 2]
Subd. 2. [EASEMENT AGREEMENTS.] (a) The easement
agreements must be conservation easements, as defined in section
84C.01, paragraph (1). The conservation easements may be
possessory or nonpossessory if agreed upon by the property owner
and the commissioner.
(b) The conservation easements must be:
(1) for a period of at least 20 years, with provision for
renewal for at least 20-year periods; or
(2) permanent in duration.
(c) Highest priority must be given to property owners
desiring to enter agreements for permanent easements.
(d) The commissioner may reexamine the payment rates at the
beginning of a 20-year renewal period and adjust them after
giving consideration to current land and crop values. [105.392
s. 2]
Subd. 3. [EASEMENT AGREEMENT.] In the easement agreement
between the commissioner and a property owner, the property
owner must agree:
(1) to designate eligible wetland areas for placement into
the water bank program, which may include wetlands covered by a
federal or state government easement that allows agricultural
use, together with adjacent areas as determined desirable by the
commissioner;
(2) to place designated eligible wetland areas in the
program for the period of the agreement;
(3) not to drain, burn, fill, or otherwise destroy the
wetland character of the areas, or to use them for agricultural
purposes, as determined by the commissioner;
(4) to implement the wetland conservation and development
plan for the property in accordance with the agreement, unless a
requirement of the agreement or plan is waived or changed by the
commissioner;
(5) that upon violating the agreement during the time the
property owner has control of the property covered by the
agreement:
(i) to forfeit rights to further payments or grants under
the agreement and to refund to the state payments or grants
received under the agreement if the commissioner determines that
the violation warrants termination of the agreement; or
(ii) to make refunds or accept payment adjustments the
commissioner finds appropriate if the commissioner determines
that the violation by the owner does not warrant termination of
the agreement;
(6) not to adopt a practice specified by the commissioner
in an easement as a practice that would tend to defeat the
purposes of the easement; and
(7) to additional provisions that the commissioner
determines are desirable and includes in the easement to
implement the purposes of the program or to facilitate its
administration. [105.392 s. 3]
Subd. 4. [CONSERVATION AND DEVELOPMENT ADVICE.] The
commissioner must provide advice about conservation and
development practices on the wetlands and adjacent areas to
implement this section. [105.392 s. 4]
Subd. 5. [EASEMENT PAYMENTS.] The commissioner must make
payments under this subdivision to the property owner for the
water bank easement:
(1) for a permanent easement, 50 percent of the average
equalized estimated market value of cropland in the township as
established by the commissioner of revenue for the time period
when the application is made;
(2) for an easement of limited duration, a lump sum payment
equal to 65 percent of the value of the permanent easement value
for the time period when the application is made; or
(3) an alternative payment system for easements based on
cash rent or a similar system as may be determined by the
commissioner. [105.392 s. 4]
Subd. 6. [CONVERSION TO PERMANENT EASEMENT.] A
limited-term easement may be converted to a permanent easement
or renewed at the end of the easement period for an additional
20 years by mutual agreement of the commissioner and the
property owner, subject to a rate redetermination by the
commissioner. [105.392 s. 5]
Subd. 7. [CHANGE OF OWNERSHIP.] If the property owner
sells or otherwise disposes of the ownership or right of
occupancy of the property during the easement period, the new
property owner must continue the easement under the same terms
or conditions. [105.392 s. 5]
Subd. 8. [TERMINATION OR CHANGING AGREEMENT.] The
commissioner may terminate an easement by mutual agreement with
the property owner if the commissioner determines that the
termination would be in the public interest, and may agree to a
modification of terms of the agreement that the commissioner
determines desirable to implement the water bank program or
facilitate its administration. [105.392 s. 6]
Subd. 9. [RULES.] The commissioner may adopt rules that
include the procedures and payment rates to implement this
section. [105.392 s. 1]
CLEAN WATER PARTNERSHIP
Sec. 80. [103F.701] [CITATION.]
Sections 80 to 92 may be cited as the "clean water
partnership law." [115.091]
Sec. 81. [103F.705] [PURPOSE.]
(a) It is the purpose of the legislature in enacting
sections 80 to 92 to protect and improve surface and ground
water in the state, through financial and technical assistance
to local units of government to control water pollution
associated with land use and land management activities.
(b) It is also the purpose of the legislature to:
(1) identify water quality problems and their causes;
(2) direct technical and financial resources to resolve
water quality problems and to abate their causes;
(3) provide technical and financial resources to local
units of government for implementation of water quality
protection and improvement projects;
(4) coordinate a nonpoint source pollution control program
with elements of the existing state water quality program and
other existing resource management programs; and
(5) provide a legal basis for state implementation of
federal laws controlling nonpoint source water pollution.
[115.092]
Sec. 82. [103F.711] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 80 to 92. [115.093 s. 1]
Subd. 2. [AGENCY.] "Agency" means the pollution control
agency. [115.093 s. 2]
Subd. 3. [BEST MANAGEMENT PRACTICES.] "Best management
practices" means practices, techniques, and measures, that
prevent or reduce water pollution from nonpoint sources by using
the most effective and practicable means of achieving water
quality goals. Best management practices include, but are not
limited to, official controls, structural and nonstructural
controls, and operation and maintenance procedures. [115.093 s.
3]
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of the pollution control agency. [115.093 s. 4]
Subd. 5. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
government" means a statutory or home rule charter city, town,
county, soil and water conservation district, watershed
district, an organization formed for the joint exercise of
powers under section 471.59, and any other special purpose
district or authority exercising authority in water and related
land resources management at the local level. [115.093 s. 5]
Subd. 6. [NONPOINT SOURCE.] "Nonpoint source" is a land
management activity or land use activity that contributes or may
contribute to ground and surface water pollution as a result of
runoff, seepage, or percolation and that is not defined as a
point source in section 115.01, subdivision 15. Nonpoint
sources include rural and urban land management activities and
land use activities and specialty land use activities such as
transportation. [115.093 s. 6]
Subd. 7. [OFFICIAL CONTROLS.] "Official controls" means
ordinances and regulations that control the physical development
of the whole or part of a local government unit or that
implement the general objectives of the local government unit.
[115.093 s. 7]
Subd. 8. [PROJECT.] "Project" means the diagnostic study
of water pollution caused by nonpoint sources of water
pollution, a plan to implement best management practices, and
the physical features constructed or actions taken by a local
unit of government to implement best management practices.
[115.093 s. 8]
Subd. 9. [WATER POLLUTION.] "Water pollution" means water
pollution as defined in section 115.01, subdivision 5. [115.093
s. 9]
Subd. 10. [WATERS OF THE STATE.] "Waters of the state"
means waters as defined in section 115.01, subdivision 9.
[115.093 s. 10]
Sec. 83. [103F.715] [CLEAN WATER PARTNERSHIP PROGRAM
ESTABLISHED.]
A clean water partnership program is established as
provided in sections 80 to 92. The agency shall administer the
program in accordance with these sections. As a basis for the
program, the agency and the metropolitan council shall conduct
an assessment of waters in accordance with section 84. The
agency shall then provide financial and technical assistance in
accordance with section 85 to local units of government for
projects in geographical areas that contribute to surface or
ground water flows. The projects shall provide for protection
and improvement of surface and ground water from nonpoint
sources of water pollution. [115.094]
Sec. 84. [103F.721] [STATEWIDE RESOURCE ASSESSMENT.]
The agency shall conduct an assessment of waters of the
state that have been polluted by nonpoint sources and of
geographical areas with waters of the state that have a high
potential for water pollution caused by nonpoint sources. The
metropolitan council shall conduct the assessment in the
metropolitan area, as defined in section 473.121, subdivision 2,
in cooperation with the agency. [115.095]
Sec. 85. [103F.725] [FINANCIAL AND TECHNICAL ASSISTANCE.]
Subdivision 1. [FINANCIAL ASSISTANCE.] (a) The agency may
award grants for up to 50 percent of the eligible cost for:
(1) the development of a diagnostic study and
implementation plan; and
(2) the implementation of that plan.
(b) The agency shall determine which costs are eligible
costs and grants shall be made and used only for eligible costs.
[115.096 s. 1]
Subd. 2. [TECHNICAL ASSISTANCE.] The agency may provide
technical assistance to local units of government to ensure
efficient and effective development and implementation of
projects and coordination of projects with other water
management activities. [115.096 s. 2]
Sec. 86. [103F.731] [ELIGIBILITY FOR ASSISTANCE.]
Subdivision 1. [GENERALLY.] To be eligible for the
financial or technical assistance or both as provided in section
85, a local unit of government applying for assistance must:
(1) have authority to coordinate and enter into contracts
with local, state, and federal agencies and private
organizations, raise funds, and adopt and enforce official
controls; and
(2) provide the agency with those documents required in
subdivision 2. [115.097 s. 1]
Subd. 2. [DOCUMENTS REQUIRED.] (a) An applicant for
assistance shall submit the following to the agency:
(1) an application form as prescribed by the agency;
(2) evidence that the applicant has consulted with the
local soil and water conservation districts and watershed
districts, where they exist, in preparing the application; and
(3) one of the following documents:
(i) the comprehensive water plan authorized under article
2, sections 17 to 28;
(ii) a surface water management plan required under article
2, section 11;
(iii) an overall plan required under chapter 103D; or
(iv) any other local plan that provides an inventory of
existing physical and hydrologic information on the area, a
general identification of water quality problems and goals, and
that demonstrates a local commitment to water quality protection
or improvement.
(b) After July 1, 1991, only projects that are a part of,
or are responsive to, a local water plan under the comprehensive
local water management act, chapter 103D, or article 2, sections
7 to 16, will be eligible under paragraph (a), clause (3).
(c) The document submitted in compliance with paragraph
(a), clause (2), must identify existing and potential nonpoint
source water pollution problems and must recognize the need and
demonstrate the applicant's commitment to abate or prevent water
pollution from nonpoint sources in the geographic areas for
which the application is submitted. [115.097 s. 2]
Sec. 87. [103F.735] [AGENCY REVIEW OF APPLICATIONS.]
Subdivision 1. [RANKING OF APPLICATIONS.] The agency shall
rank applications for technical and financial assistance in
order of priority and shall, within the limits of available
appropriations, grant those applications having the highest
priority. The agency shall by rule adopt appropriate criteria
to determine the priority of projects. [115.098]
Subd. 2. [CRITERIA.] (a) The criteria shall give the
highest priority to projects that best demonstrate compliance
with the objectives in paragraphs (b) to (e).
(b) The project demonstrates participation, coordination,
and cooperation between local units of government and other
public agencies, including soil and water conservation districts
or watershed districts, or both those districts.
(c) The degree of water quality improvement or protection
is maximized relative to the cost of implementing the best
management practices.
(d) Best management practices provide a feasible means to
abate or prevent nonpoint source water pollution.
(e) The project goals and objectives are consistent with
the state water quality management plans, the statewide resource
assessment conducted under section 84, and other applicable
state and local resource management programs. [115.098]
Sec. 88. [103F.741] [PLAN IMPLEMENTATION.]
Subdivision 1. [IMPLEMENTATION ACCORDING TO LAW AND
CONTRACT.] A local unit of government receiving technical or
financial assistance or both from the agency shall carry out the
implementation plan approved by the agency according to the
terms of the plan, the provisions of a contract or grant
agreement made with the agency and according to sections 80 to
92, the rules of the agency, and applicable federal
requirements. [115.099 s. 1]
Subd. 2. [REVIEW BY AGENCY.] The commissioner or the
commissioner's designee may, at any reasonable time, inspect any
project and review the expenditure of financial assistance funds
granted by the agency to determine whether the local unit of
government has complied with subdivision 1. [115.099 s. 2]
Subd. 3. [ENFORCEMENT OF AGREEMENTS.] The agency may bring
a civil action in district court to recover from a local
governmental unit any financial assistance funds used in
violation of subdivision 1. [115.099 s. 3]
Sec. 89. [103F.745] [RULES.]
The agency shall adopt rules necessary to implement
sections 80 to 92. The rules shall contain at a minimum:
(1) procedures to be followed by local units of government
in applying for technical or financial assistance or both;
(2) conditions for the administration of assistance;
(3) procedures for the development, evaluation, and
implementation of best management practices;
(4) requirements for a diagnostic study and implementation
plan;
(5) criteria for the evaluation and approval of a
diagnostic study and implementation plan;
(6) criteria for the evaluation of best management
practices;
(7) criteria for the ranking of projects in order of
priority for assistance;
(8) criteria for defining and evaluating eligible costs and
cost-sharing by local units of government applying for
assistance; and
(9) other matters as the agency and the commissioner find
necessary for the proper administration of sections 80 to 92,
including any rules determined by the commissioner to be
necessary for the implementation of federal programs to control
nonpoint source water pollution. [115.10]
Sec. 90. [103F.751] [NONPOINT SOURCE POLLUTION CONTROL
PLAN AND PROGRAM EVALUATION.]
To coordinate the programs and activities used to control
nonpoint sources of pollution to achieve the state's water
quality goals, the agency shall:
(1) develop a state plan for the control of nonpoint source
water pollution to meet the requirements of the federal Clean
Water Act;
(2) work through the environmental quality board to
coordinate the activities and programs of federal, state, and
local agencies involved in nonpoint source pollution control
and, as appropriate, develop agreements with federal and state
agencies to accomplish the purposes and objectives of the state
nonpoint source pollution control plan; and
(3) evaluate the effectiveness of programs in achieving
water quality goals and recommend to the legislature, under
section 3.195, subdivision 1, any necessary amendments to
sections 80 to 92. [115.101]
Sec. 91. [103F.755] [INTEGRATION OF DATA.]
The data collected for the activities of the clean water
partnership program that have common value for natural resource
planning must be provided and integrated into the Minnesota land
management information system's geographic and summary data
bases according to published data compatibility guidelines.
Costs associated with this data delivery must be borne by this
activity. [115.102]
Sec. 92. [103F.761] [PUBLIC AGENCY COORDINATION.]
Subdivision 1. [PROJECT COORDINATION TEAM; MEMBERSHIP.]
The commissioner shall establish and chair a project
coordination team made up of representatives of the pollution
control agency, department of natural resources, board of water
and soil resources, department of agriculture, department of
health, state planning agency, Minnesota extension service,
University of Minnesota agricultural experiment stations, United
States Army Corps of Engineers, United States Environmental
Protection Agency, United States Department of Agriculture
Agricultural Stabilization and Conservation Service, United
States Department of Agriculture Soil Conservation Service,
metropolitan council, Association of Minnesota Counties, League
of Minnesota Cities, Minnesota Association of Townships, and
other agencies as the commissioner may determine. [115.103 s.
1]
Subd. 2. [DUTIES.] The project coordination team shall
advise the agency in preparation of rules, evaluate projects,
and recommend to the commissioner those projects that the team
believes should receive financial or technical assistance or
both from the agency. After approval of assistance for a
project by the agency, the team shall review project activities
and assist in the coordination of the state program with other
state and federal resource management programs. [115.103 s. 2]
LAKE PRESERVATION AND PROTECTION
Sec. 93. [103F.801] [COUNTY LAKE IMPROVEMENT PROGRAM.]
Subdivision 1. [LAKE IMPROVEMENT PROGRAM ESTABLISHED.] To
preserve and protect lakes and to increase and enhance the use
and enjoyment of lakes, a statewide lake improvement program is
established to:
(1) preserve the natural character of lakes and their
shoreland environment as feasible and practical;
(2) improve the quality of water in lakes;
(3) provide for reasonable assurance of water quantity in
lakes, where feasible and practicable; and
(4) assure protection of the lakes from the detrimental
effects of human activities and certain natural processes.
[378.31 s. 1]
Subd. 2. [AUTHORITY.] (a) A county board of a county has
the authority given in this section with respect to bodies of
water located entirely or partially within the boundaries of the
county and not situated entirely within the boundaries of a
single city or lake conservation district established by law.
(b) After approval by an affected city or lake conservation
district, a county board may assume and exercise the authority
given in this section with respect to bodies of water located
entirely or partially within the city or lake conservation
district.
(c) Programs undertaken pursuant to the authority given in
this section must be consistent with the statewide water and
related land resources plan prepared under the direction of the
commissioner of natural resources, and with regional water and
related resources plans.
(d) A body of water may not be improved under this section
unless the public has access to some portion of the shoreline of
the body of water. [378.31 s. 2]
Subd. 3. [POWERS.] The county boards shall have power to:
[378.31 s. 2]
(1) acquire, in the name of the county, by gift or purchase
or by condemnation under chapter 117, an existing dam or control
works that may affect the level of waters; [378.31 s. 3]
(2) construct and operate water control structures if
approved by the commissioner of natural resources under article
7, sections 22 and 39; [378.31 s. 4]
(3) undertake projects to change the course current or
cross section of public waters if approved by the commissioner
of natural resources under article 7, sections 22 and 39;
[378.31 s. 5]
(4) improve navigation and to acquire by gift or purchase
land, equipment, or other facilities to improve navigation;
[378.31 s. 5a]
(5) contract with a board of managers of a watershed
district within the county or the board of supervisors of a soil
and water conservation district within the county for
improvements under chapters 103C and 103D; [378.31 s. 6]
(6) undertake research to determine the condition and
development of the body of water and the water entering it and
to transmit these studies to the pollution control agency and
other interested authorities; [378.31 s. 7]
(7) conduct a program of water improvement and
conservation; [378.31 s. 7]
(8) develop and implement the comprehensive plan to
eliminate water pollution, provided that construction of any
water, sewer, or water and sewer system shall be undertaken in
the manner provided by section 444.075 or other applicable laws
and not under this section; [378.31 s. 7]
(9) receive financial assistance from and join in projects
or enter into contracts with federal and state agencies for the
study and treatment of related pollution problems and
demonstration programs; [378.31 s. 8]
(10) maintain public beaches, public docks, and other
public facilities for access to a body of water; [378.31 s. 9]
(11) make cooperative agreements with the United States or
state government or another county or city to implement the
provisions of this section; and [378.31 s. 10]
(12) require projects to change the course, current, or
cross section of public waters within unincorporated areas to be
approved by the county board before submitting an application
for a permit to the commissioner as required by article 7,
sections 22 and 39. [378.31 s. 11]
Subd. 4. [FUNDING.] (a) The county board may appropriate
money from the general revenue fund of the county to implement
this section and article 2, sections 31 to 46. [378.35 s. 1]
(b) The county board may apply for, receive, and disburse
federal funds made available to the county by federal law or
rules for any purpose related to the powers and duties of the
county board. The county board shall comply with requirements
of federal law to apply for, receive, and disburse the funds.
[378.35 s. 2]
(c) The county board may accept any donations or grants
from any public or private concern. The funds received by the
county board must be deposited in the county treasury and
appropriated for the purpose for which it was received. [378.35
s. 2]
Subd. 5. [TAX LEVIES.] The county board may levy taxes to
implement authority for water surface use regulation, lake
improvement programs, and lake improvement districts on all
taxable property within the county, which may be in addition to
any amounts levied within a lake improvement district. [378.34]
Sec. 94. [103F.805] [STATE AID FOR LAKE IMPROVEMENTS.]
(a) The commissioner of natural resources, with the help of
the pollution control agency and the commissioner of trade and
economic development, must:
(1) assess the need for particular kinds of lake
improvements, including improvements related to high or low
water levels and any other resource management considerations,
except pollution problems; and
(2) develop criteria for allocating state aid funds among
proposed projects.
(b) The assessment must include provisions to ensure that
any federal program of aid to local lake improvement projects
reduces the local share of project costs and not only the
state's share. [105.484]
ARTICLE 7
CHAPTER 103G
WATERS OF THE STATE
GENERAL PROVISIONS
Section 1. [103G.001] [EFFECT OF CHAPTER 103G ON WATER
LAW.]
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G
constitute the water law of this state and may be cited as the
water law.
Sec. 2. [103G.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [105.37 s. 1]
Subd. 2. [ABANDON.] "Abandon" means to give up the use and
maintenance of structures or improvements to realty and to
surrender them to deterioration. Abandon does not refer to
intent to surrender or relinquish title to or a possessory
interest in the real property where the structures or
improvements are located. [105.37 s. 8]
Subd. 3. [ALTERED NATURAL WATERCOURSE.] "Altered natural
watercourse" means a former natural watercourse that has been
affected by artificial changes to straighten, deepen, narrow, or
widen the original channel. [105.37 s. 11]
Subd. 4. [APPROPRIATING.] "Appropriating" means
withdrawal, removal, or transfer of water from its source
regardless of how the water is used. [105.37 s. 5]
Subd. 5. [ARTIFICIAL WATERCOURSE.] "Artificial
watercourse" means a watercourse artificially constructed by
human beings where a natural watercourse was not previously
located. [105.37 s. 12]
Subd. 6. [BASIN OF ORIGIN.] "Basin of origin" means the
drainage basin of the Great Lakes, the Red River of the North,
the Mississippi River, or the Missouri River. [105.37 s. 17]
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [105.37 s. 2]
Subd. 8. [CONSUMPTIVE USE.] "Consumptive use" means water
that is withdrawn from its source for immediate further use in
the area of the source and is not directly returned to the
source. [105.37 s. 18]
Subd. 9. [DIRECTOR.] "Director" means the director of the
division of waters of the department of natural resources.
[105.37 s. 4]
Subd. 10. [DIVISION.] "Division" means the division of
waters of the department of natural resources. [105.37 s. 3]
Subd. 11. [MEANDERED LAKE.] "Meandered lake" means a body
of water except streams located within the meander lines shown
on plats made by the United States General Land Office. [105.37
s. 13]
Subd. 12. [MUNICIPALITY.] "Municipality" means a home rule
charter or statutory city.
Subd. 13. [NATURAL WATERCOURSE.] "Natural watercourse"
means a natural channel that has definable beds and banks
capable of conducting confined runoff from adjacent land.
[105.37 s. 10]
Subd. 14. [ORDINARY HIGH WATER LEVEL.] "Ordinary high
water level" means the boundary of waterbasins, watercourses,
public waters, and wetlands, and:
(1) the ordinary high water level is an elevation
delineating the highest water level that has been maintained for
a sufficient period of time to leave evidence upon the
landscape, commonly the point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel; and
(3) for reservoirs and flowages the ordinary high water
level is the operating elevation of the normal summer pool.
[105.37 s. 16]
Subd. 15. [PUBLIC WATERS.] (a) "Public waters" means:
(1) waterbasins assigned a shoreland management
classification by the commissioner under article 6, sections 25
to 29, except wetlands less than 80 acres in size that are
classified as natural environment lakes;
(2) waters of the state that have been finally determined
to be public waters or navigable waters by a court of competent
jurisdiction;
(3) meandered lakes, excluding lakes that have been legally
drained;
(4) waterbasins previously designated by the commissioner
for management for a specific purpose such as trout lakes and
game lakes pursuant to applicable laws;
(5) waterbasins designated as scientific and natural areas
under section 84.033;
(6) waterbasins located within and totally surrounded by
publicly owned lands;
(7) waterbasins where the state of Minnesota or the federal
government holds title to any of the beds or shores, unless the
owner declares that the water is not necessary for the purposes
of the public ownership;
(8) waterbasins where there is a publicly owned and
controlled access that is intended to provide for public access
to the waterbasin;
(9) natural and altered watercourses with a total drainage
area greater than two square miles;
(10) natural and altered watercourses designated by the
commissioner as trout streams; and
(11) wetlands unless the statute expressly states otherwise.
(b) Public waters are not determined exclusively by the
proprietorship of the underlying, overlying, or surrounding land
or by whether it is a body or stream of water that was navigable
in fact or susceptible of being used as a highway for commerce
at the time this state was admitted to the union. [105.37 s.
14]
Subd. 16. [WATERBASIN.] "Waterbasin" means an enclosed
natural depression with definable banks, capable of containing
water, that may be partly filled with waters of the state and is
discernible on aerial photographs. [105.37 s. 9]
Subd. 17. [WATERS OF THE STATE.] "Waters of the state"
means surface or underground waters, except surface waters that
are not confined but are spread and diffused over the land.
"Waters of the state" includes boundary and inland waters.
[105.37 s. 7]
Subd. 18. [WETLANDS.] "Wetlands" means all types 3, 4, and
5 wetlands, as defined in United States Fish and Wildlife
Service Circular No. 39 (1971 edition), not included within the
definition of public waters, that are ten or more acres in size
in unincorporated areas or 2-1/2 or more acres in incorporated
areas. [105.37 s. 15]
COMMISSIONER'S AUTHORITY
Sec. 3. [103G.101] [WATER CONSERVATION PROGRAM.]
Subdivision 1. [DEVELOPMENT.] The commissioner shall
develop a water resources conservation program for the state.
The program must include conservation, allocation, and
development of waters of the state for the best interests of the
people. [105.39 s. 1]
Subd. 2. [PROGRAM TO GUIDE PERMIT ISSUANCE AND DAMS.] The
commissioner must be guided by the program in issuing permits
for the use and appropriation of the waters of the state and the
construction, reconstruction, repair, removal, or abandonment of
dams, reservoirs, and other control structures. [105.39 s. 1]
Sec. 4. [103G.105] [COOPERATION WITH OTHER AGENCIES.]
Subdivision 1. [COMMISSIONER MAY COOPERATE WITH OTHER
STATES AND FEDERAL GOVERNMENT.] The commissioner may cooperate
and enter into agreements with the United States government, a
state department, or a state or country adjacent to this state
to implement this chapter. The commissioner may cooperate with
departments of the government of the United States in the
execution of surveys within the state. [105.49]
Subd. 2. [STATE AND LOCAL OFFICIALS MUST COOPERATE IN
ENFORCEMENT.] Personnel of the pollution control agency, the
health department, and county and municipal governments must
cooperate with the commissioner in monitoring and enforcing
water permits. County attorneys, sheriffs, and other peace
officers and other officers having enforcement authority must
take all action to the extent of their authority, respectively,
that may be necessary or proper for the enforcement of the
provisions, rules, standards, orders, or permits specified in
this chapter. [105.49]
Sec. 5. [103G.111] [REPRESENTATION OF STATE IN WATER
ISSUES.]
Subdivision 1. [COMMISSIONER TO APPEAR IN FEDERAL WATER
ISSUES.] The commissioner may appear, represent, and act for the
state in any matter relating to an application to be made to the
federal government relating to waters of the state or their use
and may act in a manner to protect the interests of the people
of the state consistent with this chapter. [105.50]
Subd. 2. [DIRECTOR TO APPEAR FOR STATE IN WATER
PROCEEDINGS.] The director may appear for the state in any
matter or proceeding affecting waters of the state to give
hydrologic and hydraulic engineering advice and information in
connection with the proceeding. [105.40 s. 13]
Sec. 6. [103G.115] [ENJOINING WATERFLOW INTERFERENCE
OUTSIDE OF STATE.]
If a person, firm, association, corporation, or a state or
political subdivision, agency or commission of a state disturbs,
obstructs, or interferes with the natural flow or condition of
public waters beyond the boundaries of this state in a manner
that seriously affects the public welfare and interests of this
state, the commissioner may institute proceedings in behalf of
this state in a court having jurisdiction to abate or enjoin the
continuance of the disturbance, obstruction, or interference.
[84.031]
Sec. 7. [103G.121] [COMMISSIONER'S AUTHORITY TO
INVESTIGATE AND CONSTRUCT PROJECTS.]
Subdivision 1. [SURVEYS AND INVESTIGATIONS.] (a) The
commissioner may conduct surveys, investigations, and studies,
and prepare maps of the waters of the state and topography of
the state to implement this chapter.
(b) Under the direction of the commissioner, the director
shall be responsible for providing the surveys and engineering
investigations required by this chapter. [105.40 s. 1] [105.39
s. 2]
Subd. 2. [ACQUISITION OF PROPERTY INCLUDING BY EMINENT
DOMAIN.] The commissioner may acquire title to private property
for an authorized purpose by purchase or by eminent domain. The
use of property for projects to implement this chapter is a
public purpose. On request by the commissioner, the attorney
general shall acquire title to private property for projects
under this chapter as provided in chapter 117. [105.39 s. 4]
Subd. 3. [CONTRACTS.] The commissioner may approve
contracts for projects under this chapter and change the plans
of the projects when necessary, and supervise, control, and
accept the projects when complete. The commissioner may pay for
projects and expenses incurred in connection with the projects
from funds available to the commissioner. [105.39 s. 5]
Sec. 8. [103G.125] [DIRECTOR'S AUTHORITY.]
Subdivision 1. [COOPERATION WITH GOVERNMENT AGENCIES.] The
director shall cooperate with agencies and departments of the
state and federal government relating to projects affecting
waters of the state and shall make recommendations to the
agencies involved and to the governor about the desirability,
feasibility, and practicability of the proposed projects.
[105.40 s. 8]
Subd. 2. [COOPERATIVE AGREEMENTS.] The director, with
approval of the commissioner, may make cooperative agreements
with and cooperate with any person, corporation, or government
authority to implement this chapter. [105.40 s. 14]
Subd. 3. [STANDARDS FOR FORMS AND MAPS.] The director may
adopt rules to standardize forms and maps, sizes of maps, plats,
drawings, and specifications in proceedings related to public
waters. [105.40 s. 11]
Sec. 9. [103G.131] [VENUE OF CERTAIN ACTIONS.]
Subdivision 1. [WATER LOCATED IN ONE COUNTY.]
Notwithstanding any other law to the contrary, an action for
declaratory judgment that is brought under chapter 555 by or
against the commissioner must be venued in the county where the
water, watercourse, or waterbasin is located, if the water,
watercourse, or waterbasin is located in one county. This
section applies to actions to determine the validity of the
commissioner's final decision regarding:
(1) the classification of waters of the state as public
waters; or
(2) the drainage of waterbasins or watercourses as provided
in chapter 103E. [105.471]
Subd. 2. [WATER LOCATED IN MORE THAN ONE COUNTY.] If the
water, watercourse, or waterbasin is located in more than one
county, then the venue is the judicial district where the
majority of the water, watercourse, or waterbasin is located.
[105.471]
Sec. 10. [103G.135] [ENFORCEMENT OF COMMISSIONER'S
ORDERS.]
Upon application of the commissioner, the district court of
a county where a project is entirely or partially located may by
injunction enforce compliance with, or restrain the violation
of, an order of the commissioner made under this chapter, or
restrain the violation of this chapter. [105.55]
Sec. 11. [103G.141] [PENALTIES.]
A person is guilty of a misdemeanor who:
(1) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state without previously
obtaining a permit from the commissioner regardless of whether
the commissioner would have granted a permit had an application
been filed;
(2) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state in violation of or in
excess of authority granted under a permit issued by the
commissioner, regardless of whether an application had been
filed for permission to perform the act involved, or whether the
act involved would have been permitted had a proper application
been filed;
(3) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state after a permit to
undertake the project has been denied by the commissioner; or
(4) violates a provision of this chapter. [105.541]
Sec. 12. [103G.145] [APPLICATION.]
Nothing in this chapter supersedes or amends section 92.45.
PUBLIC WATERS DESIGNATION AND USE
Sec. 13. [103G.201] [PUBLIC WATERS INVENTORY.]
The commissioner shall prepare a public waters inventory
map of each county that shows the waters of this state that are
designated as public waters under the public waters inventory
and classification procedures prescribed under Minnesota Laws
1979, chapter 199. The public waters inventory map for each
county must be filed with the auditor of the county. [105.391
s.1]
Sec. 14. [103G.205] [EFFECT OF PUBLIC WATERS DESIGNATION.]
The designation of waters of this state as public waters
does not:
(1) grant the public additional or greater right of access
to the waters;
(2) diminish the right of ownership or usage of the beds
underlying the designated public waters;
(3) affect state law forbidding trespass on private lands;
and
(4) require the commissioner to acquire access to the
designated public waters under section 97A.141. [105.391 s. 12]
Sec. 15. [103G.211] [DRAINAGE OF PUBLIC WATERS GENERALLY
PROHIBITED WITHOUT REPLACEMENT.]
Except as provided in sections 17 to 20, public waters may
not be drained, and a permit authorizing drainage of public
waters may not be issued, unless the public waters to be drained
are replaced by public waters that will have equal or greater
public value. [105.391 s. 3]
Sec. 16. [103G.215] [AGRICULTURAL USE OF PUBLIC WATERS
DURING DROUGHT.]
A property owner may use the bed of public waters for
pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not
constructed; and
(2) the agricultural use does not result in the drainage of
the public waters. [105.391 s. 10]
WETLANDS
Sec. 17. [103G.221] [DRAINAGE OF WETLANDS.]
Subdivision 1. [DRAINAGE OF WETLANDS GENERALLY PROHIBITED
WITHOUT REPLACEMENT.] Except as provided in subdivisions 2 and
3, wetlands may not be drained, and a permit authorizing
drainage of wetlands may not be issued, unless the wetlands to
be drained are replaced by wetlands that will have equal or
greater public value. [105.391 s. 3]
Subd. 2. [DRAINAGE OF WETLANDS FOR CROPLAND.] (a) Wetlands
that are lawful, feasible, and practical to drain and if drained
would provide high quality cropland and that is the projected
land use, as determined by the commissioner, may be drained
without a permit and without replacement of wetlands of equal or
greater public value if the commissioner does not choose, within
60 days of receiving an application for a permit to drain the
wetlands to:
(1) place the wetlands in the state water bank program
under article 6, section 79; or
(2) acquire them in fee under section 97A.145.
(b) If the commissioner does not make the offer under
paragraph (a), clause (1) or (2), to a person applying for a
permit, the wetlands may be drained without a permit. [105.391
s. 3]
Subd. 3. [PERMIT TO DRAIN WETLANDS TEN YEARS AFTER PUBLIC
WATERS DESIGNATION.] (a) The owner of property underneath
wetlands on privately owned property may apply to the
commissioner for a permit to drain the wetlands after ten years
from their original designation as public waters. After
receiving the application, the commissioner shall review the
status of the wetlands and current conditions.
(b) If the commissioner finds that the status of the
wetlands and the current conditions make it likely that the
economic or other benefits from agricultural use to the owner
from drainage would exceed the public benefits of maintaining
the wetlands, the commissioner shall grant the application and
issue a drainage permit.
(c) If the application is denied, the owner may not apply
again for another ten years. [105.391 s. 3]
Sec. 18. [103G.225] [STATE WETLANDS AND PUBLIC DRAINAGE
SYSTEMS.]
If the state owns wetlands on or adjacent to existing
public drainage systems, the state shall consider the use of the
wetlands as part of the drainage system. If the wetlands
interfere with or prevent the authorized functioning of the
public drainage system, the state shall provide for necessary
work to allow proper use and maintenance of the drainage system
while still preserving the wetlands. [105.391 s. 11]
Sec. 19. [103G.231] [PROPERTY OWNER'S USE OF WETLANDS.]
Subdivision 1. [AGRICULTURAL USE DURING DROUGHT.] A
property owner may use the bed of wetlands for pasture or
cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not
constructed; and
(2) the agricultural use does not result in the drainage of
the wetlands. [105.391 s. 10]
Subd. 2. [FILLING WETLANDS FOR IRRIGATION BOOMS.] A
landowner may fill a wetland to accommodate wheeled booms on
irrigation devices if the fill does not impede normal drainage.
[105.391 s. 10]
Sec. 20. [103G.235] [RESTRICTIONS ON ACCESS TO WETLANDS.]
To protect the public health or safety, local units of
government may by ordinance restrict public access to wetlands
from municipality, county, or township roads that abut wetlands.
[105.391 s. 9]
WORK AFFECTING PUBLIC WATERS
Sec. 21. [103G.241] [CONTRACTOR'S RESPONSIBILITY WHEN WORK
AFFECTS PUBLIC WATERS.]
Subdivision 1. [CONDITIONS FOR EMPLOYEES AND AGENTS TO
AFFECT PUBLIC WATERS.] An agent or employee of another may not
construct, reconstruct, remove, make a change in a reservoir,
dam, or waterway obstruction on a public water or in any manner
change or diminish the course, current, or cross section of
public waters unless the agent or employee has:
(1) obtained a signed statement from the property owner
stating that the permits required for the work have been
obtained or a permit is not required; and
(2) mailed a copy of the statement to the regional office
of the department of natural resources where the proposed work
is located. [105.463]
Subd. 2. [VIOLATION IS SEPARATE OFFENSE.] Violation of
this section is a separate and independent offense from other
violations of this chapter. [105.463]
Subd. 3. [FORM FOR COMPLIANCE WITH THIS SECTION.] The
commissioner shall develop a form to be distributed to
contractors' associations and county auditors to comply with
this section. The form must include:
(1) a listing of the activities for which a permit is
required;
(2) a description of the penalties for violating this
chapter;
(3) the mailing addresses and telephone numbers of the
regional offices of the department of natural resources;
(4) a statement that water inventory maps completed
according to section 13 are on file with the auditors of the
counties; and
(5) spaces for a description of the work and the names,
mailing addresses, and telephone numbers of the person
authorizing the work and the agent or employee proposing to
undertake it. [105.463]
Sec. 22. [103G.245] [WORK IN PUBLIC WATERS.]
Subdivision 1. [PERMIT REQUIREMENT.] Except as provided in
subdivisions 2, 11, and 12, the state, a political subdivision
of the state, a public or private corporation, or a person must
have a public waters work permit to:
(1) construct, reconstruct, remove, abandon, transfer
ownership of, or make any change in a reservoir, dam, or
waterway obstruction on public waters; or
(2) change or diminish the course, current, or cross
section of public waters, entirely or partially within the
state, by any means, including filling, excavating, or placing
of materials in or on the beds of public waters. [105.42 s. 1]
Subd. 2. [EXCEPTIONS.] A public waters work permit is not
required for:
(1) work in altered natural watercourses that are part of
drainage systems established under chapter 103D or 103E if the
work in the waters is undertaken according to chapter 103D or
103E; or
(2) a drainage project for a drainage system established
under chapter 103E that does not substantially affect public
waters. [105.42 s. 1]
Subd. 3. [PERMIT APPLICATION.] Application for a public
waters work permit must be in writing to the commissioner on
forms prescribed by the commissioner. [105.42 s. 1]
Subd. 4. [STRUCTURES IN OR ADJACENT TO PUBLIC WATERS
OUTSIDE CITIES.] The commissioner, subject to the approval of
the county board, may grant and prescribe terms and conditions
for granting public waters work permits to establish, construct,
maintain, and control wharves, docks, piers, levees,
breakwaters, basins, canals, and hangars in or adjacent to
public waters of the state, except within the corporate limits
of a municipality. [105.42 s. 1]
Subd. 5. [DELEGATION OF PERMIT AUTHORITY TO LOCAL UNITS OF
GOVERNMENT.] The commissioner may adopt rules to identify
classes of activities in waterbasins and classes of watercourses
where the commissioner may delegate public waters work permit
authority to the appropriate county or municipality. The public
waters work permit authority must be delegated under guidelines
of the commissioner and the delegation must be done by agreement
with the involved county or municipality and in compliance with
section 37. [105.42 s. 1a]
Subd. 6. [CONFORMANCE WITH WATER AND RELATED LAND RESOURCE
MANAGEMENT PLANS.] A public waters work permit may not be issued
under this section if the project does not conform to state,
regional, and local water and related land resources management
plans. [105.42 s. 1a]
Subd. 7. [EFFECT ON ENVIRONMENT AND MITIGATION.] (a) A
public waters work permit may be issued only if the project will
involve a minimum encroachment, change, or damage to the
environment, particularly the ecology of the waterway.
(b) If a major change in the resource is justified, public
waters work permits must include provisions to compensate for
the detrimental aspects of the change. [105.42 s. 1a]
Subd. 8. [EXCAVATION IN PUBLIC WATERS.] Public waters work
permits for projects that involve excavation in the beds of
public waters may be granted only if:
(1) the area where the excavation will take place is
covered by a shoreland zoning ordinance approved by the
commissioner;
(2) the work under the permit is consistent with the
shoreland zoning ordinance; and
(3) the permit includes provisions for the deposition of
excavated materials. [105.42 s. 1a]
Subd. 9. [PROJECT AFFECTING FLOODWATERS.] (a) A public
waters work permit for a project affecting floodwaters may be
granted only if:
(1) the area covered by the public waters work permit is
governed by a floodplain management ordinance approved by the
commissioner; and
(2) the conduct authorized by the public waters work permit
is consistent with the floodplain management ordinance, if the
commissioner has determined that enough information is available
for the adoption of a floodplain ordinance.
(b) A public waters work permit involving the control of
floodwaters by structural means, such as dams, dikes, levees,
and channel improvements, may be granted only after the
commissioner has considered all other flood damage reduction
alternatives. In developing a policy on placing emergency
levees along the banks of public waters under emergency flood
conditions, the commissioner shall consult and cooperate with
the office of emergency services. [105.42 s. 1a]
Subd. 10. [CHANGE OF LEVEL OF PUBLIC WATERS.] (a) A public
waters work permit that will change the level of public waters
may not be issued unless:
(1) the shoreland adjacent to the waters to be changed is
governed by a shoreland zoning ordinance approved by the
commissioner; and
(2) the change in water level is consistent with the
shoreland zoning ordinance.
(b) Standards and procedures for use in deciding the level
of public waters must ensure that the rights of all persons are
protected when public water levels are changed and must provide
for:
(1) technical advice to persons involved;
(2) establishing alternatives to help local agencies
resolve water level conflicts; and
(3) mechanics necessary for local resolution of water
problems within the state guidelines. [105.42 s. 1a]
Subd. 11. [EMERGENCY REPAIRS.] (a) The owner of a dam,
reservoir, control structure, or waterway obstruction may make
repairs that are immediately necessary in case of emergency
without a public waters work permit under subdivision 1. The
owner must immediately notify the commissioner of the emergency
and of the emergency repairs being made. The owner must apply
for a public waters work permit for the emergency repairs and
necessary permanent repairs as soon as practicable.
(b) This subdivision does not apply to routine maintenance
not affecting the safety of the structures.
(c) If the commissioner declares there is an emergency and
repairs or remedial action are immediately necessary to
safeguard life and property, the repairs, remedial action, or
both, must be started immediately by the owner. [105.42 s. 2]
Subd. 12. [OPERATION OF STRUCTURE PRIOR TO PERMIT
REQUIREMENT.] The owner of a dam, reservoir, control structure,
or waterway obstruction constructed before a public waters work
permit was required by law must maintain and operate the dam,
reservoir, control structure, or waterway obstruction in a
manner approved and prescribed by rule by the commissioner.
[105.42 s. 3]
Sec. 23. [103G.251] [INVESTIGATION OF ACTIVITIES WITHOUT
PERMIT.]
Subdivision 1. [INVESTIGATIONS.] If the commissioner
determines that an investigation is in the public interest, the
commissioner may investigate activities being conducted without
a permit that may affect public waters. [105.462]
Subd. 2. [FINDINGS AND ORDER.] (a) With or without a
public hearing, the commissioner may make findings and issue
orders related to activities being conducted without a permit
that affect public waters as otherwise authorized under this
chapter.
(b) A copy of the findings and order must be served on the
person to whom the order is issued.
(c) If the commissioner issues the findings and order
without a hearing, the person to whom the order is issued may
file a demand for a hearing with the commissioner. The demand
for a hearing must be accompanied by the bond as provided in
section 36, subdivision 6, and the hearing must be held in the
same manner and with the same requirements as a hearing held
under section 36, subdivision 5. The demand for a hearing and
bond must be filed by 30 days after the person is served with a
copy of the commissioner's order.
(d) The hearing must be conducted as a contested case
hearing under chapter 14.
(e) If the person to whom the order is addressed does not
demand a hearing or demands a hearing but fails to file the
required bond:
(1) the commissioner's order becomes final at the end of 30
days after the person is served with the order; and
(2) the person may not appeal the order. [105.462]
WATER DIVERSION AND APPROPRIATION
Sec. 24. [103G.255] [ALLOCATION AND CONTROL OF PUBLIC
WATERS.]
The commissioner shall administer:
(1) the use, allocation, and control of public waters;
(2) the establishment, maintenance, and control of lake
levels and water storage reservoirs; and
(3) the determination of the ordinary high water level of
public waters. [105.39 s. 3]
Sec. 25. [103G.261] [WATER ALLOCATION PRIORITIES.]
(a) The commissioner shall adopt rules for allocation of
waters based on the following priorities for the consumptive
appropriation and use of water:
(1) first priority, domestic water supply, excluding
industrial and commercial uses of municipal water supply, and
use for power production that meets the contingency planning
provisions of section 30, subdivision 6;
(2) second priority, a use of water that involves
consumption of less than 10,000 gallons of water per day;
(3) third priority, agricultural irrigation, and processing
of agricultural products involving consumption in excess of
10,000 gallons per day;
(4) fourth priority, power production in excess of the use
provided for in the contingency plan developed under section 30,
subdivision 6; and
(5) fifth priority, other uses, involving consumption in
excess of 10,000 gallons a day.
(b) For the purposes of this section, "consumption" means
water withdrawn from a supply that is lost for immediate further
use in the area.
(c) Appropriation and use of surface water from streams
during periods of flood flows and high water levels must be
encouraged subject to consideration of the purposes for use,
quantities to be used, and the number of persons appropriating
water.
(d) Appropriation and use of surface water from lakes of
less than 500 acres in surface area must be discouraged.
(e) The treatment and reuse of water for nonconsumptive
uses shall be discouraged.
(f) Diversions of water from the state for use in other
states or regions of the United States or Canada must be
discouraged. [105.41 s. 1a]
Sec. 26. [103G.265] [WATER SUPPLY MANAGEMENT.]
Subdivision 1. [ASSURANCE OF SUPPLY.] The commissioner
shall develop and manage water resources to assure an adequate
supply to meet long-range seasonal requirements for domestic,
municipal, industrial, agricultural, fish and wildlife,
recreational, power, navigation, and quality control purposes
from waters of the state. [105.405 s. 1]
Subd. 2. [DIVERSION GREATER THAN 2,000,000 GALLONS PER
DAY.] A water use permit or a plan that requires a permit or the
commissioner's approval, involving a diversion of waters of the
state of more than 2,000,000 gallons per day average in a 30-day
period, to a place outside of this state or from the basin of
origin within this state may not be granted or approved until:
(1) a determination is made by the commissioner that the
water remaining in the basin of origin will be adequate to meet
the basin's water resources needs during the specified life of
the diversion project; and
(2) approval of the diversion is given by the legislature.
[105.405 s. 2]
Subd. 3. [CONSUMPTIVE USE OF MORE THAN 2,000,000 GALLONS
PER DAY.] (a) Except as provided in paragraph (b), a water use
permit or a plan that requires a permit or the commissioner's
approval, involving a consumptive use of more than 2,000,000
gallons per day average in a 30-day period, may not be granted
or approved until:
(1) a determination is made by the commissioner that the
water remaining in the basin of origin will be adequate to meet
the basin's water resources needs during the specified life of
the consumptive use; and
(2) approval of the consumptive use is given by the
legislature.
(b) Legislative approval under paragraph (a), clause (2),
is not required for a consumptive use in excess of 2,000,000
gallons per day average in a 30-day period for:
(1) a domestic water supply, excluding industrial and
commercial uses of a municipal water supply; and
(2) agricultural irrigation and processing of agricultural
products. [105.405 s. 3]
Subd. 4. [DIVERSION OR CONSUMPTIVE USE FROM GREAT LAKES
GREATER THAN 5,000,000 GALLONS PER DAY.] (a) A water use permit
or a plan that requires a permit or the commissioner's approval,
involving a diversion or consumptive use of waters of the state
from the Great Lakes water basin within this state where the
diversion or consumptive use of waters would be more than
5,000,000 gallons per day average in a 30-day period, may not be
granted or approved until:
(1) the commissioner has notified and solicited comments on
the proposed diversion or consumptive use from the offices of
the governors of the Great Lakes states and premiers of the
Great Lakes provinces, the appropriate water management agencies
of the Great Lakes states and provinces, and the international
joint commission;
(2) the commissioner has considered the comments and
concerns of the offices, agencies, and commission to which
notice was given under clause (1); and
(3) the diversion or consumptive use has been approved by
the legislature.
(b) If an objection is made to the proposed diversion or
consumptive use by an office, agency, or commission to which
notice was given under paragraph (a), clause (1), the
commissioner must convene a meeting with the affected office,
agency, or commission to investigate and consider the issues
involved, and to seek a mutually agreeable solution to be
recommended to the commissioner. In making a final decision on
the approval of a permit or plan subject to review under this
subdivision, the commissioner shall consider the record of the
meeting and the recommendation. The commissioner must send
notification of the final decision to each office, agency, or
commission to which notice was given under paragraph (a), clause
(1). [105.405 s. 4]
Sec. 27. [103G.271] [APPROPRIATION AND USE OF WATERS.]
Subdivision 1. [PERMIT REQUIRED.] (a) Except as provided
in paragraph (b), the state, a person, partnership, or
association, private or public corporation, county,
municipality, or other political subdivision of the state may
not appropriate or use waters of the state without a water use
permit from the commissioner.
(b) This section does not apply to use for a water supply
by less than 25 persons for domestic purposes. [105.41 s. 1]
Subd. 2. [PERMITS MUST BE CONSISTENT WITH STATE AND LOCAL
PLANS.] A water use permit may not be issued under this section
unless it is consistent with state, regional, and local water
and related land resources management plans. [105.41 s. 1]
Subd. 3. [PERMIT RESTRICTION DURING SUMMER MONTHS.] The
commissioner must not modify or restrict the amount of
appropriation from a groundwater source authorized in a water
use permit issued to irrigate agricultural land under section
32, subdivision 2, between May 1 and October 1, unless the
commissioner determines the authorized amount of appropriation
endangers a domestic water supply. [105.41 s. 1]
Subd. 4. [MINIMUM USE EXEMPTION AND LOCAL APPROVAL OF LOW
USE PERMITS.] (a) Except for local permits under article 2,
section 7, subdivision 4, a water use permit is not required for
the appropriation and use of less than a minimum amount
prescribed by the commissioner by rule.
(b) Water use permits for more than the minimum amount but
less than an intermediate amount prescribed by rule must be
processed and approved at the municipal, county, or regional
level based on rules adopted by the commissioner.
(c) The rules must include provisions for reporting to the
commissioner the amounts of water appropriated under local
permits. [105.41 s. 1b]
Subd. 5. [CERTAIN COOLING SYSTEM PERMITS PROHIBITED.] (a)
The commissioner may not issue a water use permit from a
groundwater source for a once-through cooling system using in
excess of 5,000,000 gallons annually.
(b) For purposes of this subdivision, a once-through
cooling system means a cooling or heating system for human
comfort that draws a continuous stream of water from a
groundwater source to remove or add heat for cooling, heating,
or refrigeration.
Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
described in paragraph (b), a water use permit processing fee
not to exceed $2,000 must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) 0.05 cents per 1,000 gallons for the first 50,000,000
gallons per year; and
(2) 0.1 cents per 1,000 gallons for amounts greater than
50,000,000 gallons per year.
(b) For once-through cooling systems as defined in
subdivision 5, a water use processing fee must be prescribed by
the commissioner in accordance with the following schedule of
fees for each water use permit in force at any time during the
year:
(1) 5.0 cents per 1,000 gallons until December 31, 1991;
(2) 10.0 cents for 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(3) 15.0 cents per 1,000 gallons after January 1, 1997.
(c) The fee is payable based on the amount of water
permitted during the year and in no case may the fee be less
than $25.
(d) Failure to pay the fee is sufficient cause for revoking
a permit. [105.41 s. 5a]
Subd. 7. [TRANSFER OF PERMIT.] A water use permit may be
transferred to a successive owner of real property if the
permittee conveys the real property where the source of water is
located. The new owner must notify the commissioner immediately
after a water use permit is transferred under this section.
[105.41 s. 6]
Sec. 28. [103G.275] [INSTALLATION FOR WATER USE.]
Subdivision 1. [PERMIT REQUIRED.] The owner of an
installation for appropriating or using waters of the state may
not increase the pumping capacity or make any major change in
the installation without a water use permit. [105.41 s. 2]
Subd. 2. [WATER USE DATA STATEMENT.] The owner or person
in charge of an installation for appropriating or using waters
of the state, whether or not under use permit, must file a water
use data statement with the commissioner. The statement must be
filed at the time the commissioner determines necessary for the
statewide water information system. The water use data
statement must be on forms provided by the commissioner and
identify the installation's location, its capacity, the purposes
for which it is used, and additional information required by the
commissioner. [105.41 s. 2]
Subd. 3. [COMMISSIONER'S EXAMINATIONS.] The commissioner
may examine an installation that appropriates or uses surface
water or ground water. The owner of the installation must
provide information required by the commissioner. [105.41 s. 3]
Sec. 29. [103G.281] [WATER USE PROHIBITED WITHOUT
MEASURING QUANTITIES.]
Subdivision 1. [MEASURING AND RECORDS REQUIRED.] The
state, a political subdivision of the state, a person,
partnership, public or private corporation or association may
not appropriate or use waters of the state without measuring and
keeping a record of the quantity of water used or appropriated
as provided in section 27 or 28. [105.41 s. 4]
Subd. 2. [MEASURING EQUIPMENT REQUIRED.] An installation
for appropriating or using water must be equipped with a device
or use a method to measure the quantity of water appropriated
with reasonable accuracy. The commissioner's determination of
the method to be used for measuring water quantity must be based
on the quantity of water appropriated or used, the source of
water, the method of appropriating or using water, and any other
facts supplied to the commissioner. [105.41 s. 4]
Subd. 3. [REPORT.] (a) Records of the amount of water
appropriated or used must be kept for each installation. The
readings and the total amount of water appropriated must be
reported annually to the commissioner on or before February 15
of the following year on forms provided by the commissioner.
(b) The records must be submitted with the annual water use
permit processing fee in section 27. [105.41 s. 5]
Sec. 30. [103G.285] [SURFACE WATER APPROPRIATIONS.]
Subdivision 1. [WAIVER.] The commissioner may waive a
limitation or requirement in subdivisions 2 to 6 for just
cause. [105.417 s. 1]
Subd. 2. [NATURAL AND ALTERED NATURAL WATERCOURSES.] If
data are available, permits to appropriate water from natural
and altered natural watercourses must be limited so that
consumptive appropriations are not made from the watercourses
during periods of specified low flows. The purpose of the limit
is to safeguard water availability for instream uses and for
downstream higher priority users located reasonably near the
site of appropriation. [105.417 s. 2]
Subd. 3. [WATERBASINS.] (a) Permits to appropriate water
from waterbasins must be limited so that the collective annual
withdrawals do not exceed a total volume of water amounting to
one-half acre-foot per acre of waterbasin based on Minnesota
department of conservation bulletin No. 25, "An Inventory of
Minnesota Lakes," published in 1968.
(b) As a condition to a surface water appropriation permit,
the commissioner shall set a protective elevation for the
waterbasin, below which an appropriation is not allowed. During
the determination of the protective elevation, the commissioner
shall consider:
(1) the elevation of important aquatic vegetation
characteristics related to fish and wildlife habitat;
(2) existing uses of the waterbasin by the public and
riparian landowners; and
(3) the total volume within the waterbasin and the slope of
the littoral zone. [105.417 s. 3]
Subd. 4. [WATERBASINS LESS THAN 500 ACRES.] As part of an
application for appropriation of water from a waterbasin less
than 500 acres in surface area, the applicant shall obtain a
statement of support with as many signatures as the applicant
can obtain from property owners with property riparian to the
waterbasin. The statement of support must:
(1) state support for the proposed appropriation; and
(2) show the number of property owners whose signatures the
applicant could not obtain. [105.417 s. 3]
Subd. 5. [TROUT STREAMS.] Permits issued after June 3,
1977, to appropriate water from streams designated trout streams
by the commissioner's orders under section 97C.021, must be
limited to temporary appropriations. [105.417 s. 4]
Subd. 6. [CONTINGENCY PLANNING.] An application for use of
surface waters of the state is not complete until the applicant
submits, as part of the application, a contingency plan that
describes the alternatives the applicant will use if further
appropriation is restricted due to the flow of the stream or the
level of a waterbasin. A surface water appropriation may not be
allowed unless the contingency plan is feasible or the permittee
agrees to withstand the results of not being able to appropriate
water. [105.417 s. 5]
Sec. 31. [103G.291] [PUBLIC WATER SUPPLY APPROPRIATION
DURING DEFICIENCY.]
Subdivision 1. [DECLARATION AND CONSERVATION.] (a) If the
governor determines and declares by executive order that there
is a critical water deficiency, public water supply authorities
appropriating water must adopt and enforce water conservation
restrictions within their jurisdiction that are consistent with
rules adopted by the commissioner.
(b) The restrictions must limit lawn sprinkling, vehicle
washing, golf course and park irrigation, and other nonessential
uses, and have appropriate penalties for failure to comply with
the restrictions. [105.418]
Subd. 2. [MODIFICATION OF APPROPRIATION FOR
NONCOMPLIANCE.] Disregard of critical water deficiency orders,
even though total appropriation remains less than that
permitted, is adequate grounds for immediate modification of a
public water supply authority's water use permit. [105.418]
Sec. 32. [103G.295] [IRRIGATION OF AGRICULTURAL LAND.]
Subdivision 1. [RECOMMENDATION AND INFORMATION FOR PUBLIC
WATERS APPROPRIATION.] (a) If an application is made for a
permit to irrigate agricultural land from public waters, the
soil and water conservation district may make recommendations to
the commissioner regarding the disposition of the application
and its compatibility to a comprehensive soil and water
conservation plan approved under article 3, section 19,
subdivision 11. The recommendations must be made within 30 days
of the receipt of the application.
(b) Within 30 days of receipt of the application the
commissioner may require additional specific information from
the applicant. [105.44 s. 8]
Subd. 2. [ISSUANCE OR DENIAL OF PERMIT FOR APPROPRIATION
FROM PUBLIC WATERS.] After receiving all requested information,
the commissioner must review the application and information,
consider the soil and water conservation district's
recommendations, and issue or deny the permit within 60 days.
If the commissioner orders a hearing, the permit must be issued
or denied within ten days after receiving the report of the
hearing officer. For an application for a permit to irrigate
agricultural land, failure of the commissioner to issue or deny
a permit within the time specified under this subdivision is
considered an order issuing the permit as applied for. The
order is effective ten days after the applicant has given
written notice to the commissioner stating an intention to
proceed with the appropriation of water to irrigate agricultural
land. [105.44 s. 8]
Subd. 3. [GROUNDWATER APPROPRIATION PERMIT CLASSIFICATION
AREAS.] (a) Water use permit applications required for
appropriation of groundwater for agricultural irrigation must be
processed in the order received and designated as either class A
or class B applications. Class A applications are for wells
located in areas for which the commissioner has adequate
groundwater availability data. Class B applications are for
wells located in other areas.
(b) The commissioner must evaluate available groundwater
data, determine its adequacy, and designate class A and B
application areas for the entire state. The commissioner shall
request, obtain, and evaluate groundwater data from soil and
water conservation districts, and where appropriate revise the
class A and B application area designations.
(c) The commissioner shall file a commissioner's order with
the secretary of state defining class A and B application areas
by county and township. Additional areas may be added by a
later order of the commissioner. [105.416 s. 1]
Subd. 4. [CLASS B PERMIT REQUIREMENTS.] (a) Class B
groundwater water use permit applications are not complete until
the applicant has supplied:
(1) a summary of the anticipated well depth and subsurface
geologic formation expected to be penetrated by the well,
including for glacial drift aquifers, the logs of test holes
drilled to locate the site of the proposed production well;
(2) the formation and aquifer expected to serve as the
groundwater source;
(3) the maximum daily, seasonal and annual pumpage
expected;
(4) the anticipated groundwater quality in terms of the
measures of quality commonly specified for the proposed water
use;
(5) the results of a pumping test supervised by the
commissioner or a designee of the commissioner, conducted at a
rate not to exceed the proposed pumping rate for not more than
72 continuous hours for wells under water table conditions and
not more than 24 continuous hours for wells under artesian
conditions; and
(6) when the area of influence of the proposed well is
determined, the location of existing wells within the area of
influence that were reported according to section 103I.205,
subdivision 9, together with readily available facts on depths,
geologic formations, pumping and nonpumping water levels and
details of well construction as related to the water well
construction code.
(b) The commissioner may in any specific application waive
any requirements of paragraph (a), clauses (4) to (6) or
paragraph (c) if the necessary data are already available.
(c) Before, during, and after the pumping test required in
paragraph (a), clause (5), the commissioner shall require
monitoring of water levels in one observation well located at a
distance from the pumping well that the commissioner has reason
to believe may be affected by the new appropriation. The permit
applicant is responsible for costs of the pumping tests and
monitoring in the observation well. The applicant is
responsible for the construction of one observation well if
suitable existing wells cannot be located for this purpose. If
the commissioner determines that more than one observation well
is needed the commissioner shall instruct the applicant to
install and monitor more observation wells. The commissioner
shall reimburse the applicant for these added costs. [105.416
s. 2]
Subd. 5. [ISSUANCE OF PERMITS FOR GROUNDWATER
APPROPRIATION.] The commissioner may issue water use permits for
irrigation appropriation from groundwater only if the
commissioner determines that:
(1) proposed soil and water conservation measures are
adequate based on recommendations of the soil and water
conservation districts; and
(2) water supply is available for the proposed use without
reducing water levels beyond the reach of vicinity wells
constructed in accordance with the water well construction code
in Minnesota Rules, parts 4725.1900 to 4725.6500. [105.416 s.
3]
Sec. 33. [103G.297] [DIVERSION OR DRAINAGE OF WATER FOR
MINING.]
Subdivision 1. [AUTHORITY TO ISSUE PERMITS.] The
commissioner may issue water use permits for the diversion,
drainage, control, or use of waters of the state for mining iron
ore, taconite, copper, copper-nickel, or nickel as provided in
this section. [105.64 s. 1]
Subd. 2. [APPLICATION.] (a) An owner of the iron ore,
taconite, copper, copper-nickel, or nickel deposits or the owner
of the right to mine the deposits must apply to the commissioner
for a permit in the form prescribed by the commissioner.
(b) Except as otherwise provided in this section, the
application and the proceedings related to the application and
to a permit issued are governed by the applicable provisions of
this chapter. [105.64 s. 2]
Subd. 3. [GRANT.] The permit may be granted only if the
commissioner determines that:
(1) the proposed drainage, diversion, control, or use of
waters will be necessary for the mining of substantial deposits
of iron ore, taconite, copper, copper-nickel, or nickel, and
that another feasible and economical method of mining is not
reasonably available;
(2) the proposed drainage, diversion, control, or use of
waters will not substantially impair the interests of the public
in lands or waters or the substantial beneficial public use of
lands or waters except as expressly authorized in the permit and
will not endanger public health or safety; and
(3) the proposed mining operations will be in the public
interest and the resulting public benefits warrant the proposed
drainage, diversion, or control of waters. [105.64 s. 3]
Subd. 4. [OPERATION.] If the operations authorized by a
permit may affect public or private property not owned by the
permittee, before proceeding with the operations, the permittee
must:
(1) acquire all rights or easements necessary for the
operation;
(2) pay or give security for the payment of damages to the
property that may result from the operations; and
(3) give evidence of compliance with this subdivision as
the commissioner may require. [105.64 s. 4]
Subd. 5. [LIABILITY OF STATE AND ITS OFFICIALS.] The state
and its officers, agents, or employees do not incur liability on
account of the issuance of a permit or on account of any act or
omission of the permittee, or the permittee's agents or
employees, under or in connection with the permit. [105.64 s.
4]
Subd. 6. [PERMIT PERIOD.] (a) Notwithstanding other
limitations prescribed by law, a permit must be granted for a
term the commissioner finds reasonable and necessary for the
completion of the proposed mining operations, and the
commissioner may prescribe a time in the permit for the
commencement or completion of operations or construction under
the permit or the exercise of the rights granted by the permit.
(b) The commissioner may extend the original term of the
permit or the time allowed for the performance of its conditions
for good cause shown upon application of the permittee. [105.64
s. 5]
Subd. 7. [PERMIT CONDITIONS.] In a permit, the
commissioner may prescribe conditions the commissioner finds
necessary and practicable for restoring the waters to their
former condition after completion of the mining operations or
after expiration or cancellation of the permit. The
commissioner may also prescribe other conditions necessary to
protect the public health, safety, and welfare, and may require
the permittee to furnish a bond to the state in an appropriate
form and amount as security for compliance with the conditions
of the permit and applicable law. [105.64 s. 5]
Subd. 8. [MODIFICATION AND CANCELLATION OF PERMIT.] (a) A
permit issued under this section is irrevocable for the term of
the permit and for any extension of the term except:
(1) the permit may be modified or canceled by the
commissioner at the request or with the consent of the permittee
upon conditions the commissioner finds necessary to protect the
public interest;
(2) subject to appeal as provided for water use permits,
the commissioner may modify or cancel a permit as provided in
paragraph (b) if:
(i) the permittee or its employees or agents breach the
permit's terms or conditions or violate pertinent law; or
(ii) the commissioner finds the modification or
cancellation necessary to protect the public health or safety,
or to protect the public interests in lands or waters against
substantial injury resulting in any manner or to any extent not
expressly authorized by the permit, or to prevent substantial
injury to persons or property resulting in any manner or to any
extent not so authorized; or
(3) the commissioner immediately suspends operations under
a permit by written order to the permittee if necessary in an
emergency, to protect the public health or safety or to protect
public interests in lands or waters against imminent danger of
substantial injury in any manner or to any extent not expressly
authorized by the permit, or to protect persons or property
against the danger, and may require the permittee to take any
measures necessary to prevent or remedy the injury.
(b) The commissioner may modify or cancel the permit upon
at least 30 days' written notice to the permittee, stating the
grounds of the proposed modification or cancellation and giving
the permittee an opportunity to be heard.
(c) An order under paragraph (a), clause (3), may not
remain in effect for more than 30 days from the date of the
order without giving the permittee at least ten days' written
notice of the order and an opportunity to be heard relating to
the order. [105.64 s. 6]
Subd. 9. [EFFECT ON OTHER LAW.] This section does not
amend, supersede, or repeal any existing law, but is
supplementary to it. [105.64 s. 7]
GENERAL PERMIT PROCEDURE
Sec. 34. [103G.301] [GENERAL PERMIT APPLICATION
PROCEDURES.]
Subdivision 1. [APPLICATION DOCUMENTATION.] (a) An
application for a permit must be accompanied by:
(1) maps, plans, and specifications describing the proposed
appropriation and use of waters;
(2) the changes, additions, repairs, or abandonment
proposed to be made;
(3) the public water affected; and
(4) other data the commissioner may require.
(b) The commissioner may require a statement of the effect
the actions proposed in the permit application will have on the
environment, including:
(1) anticipated changes in water and related land
resources;
(2) unavoidable but anticipated detrimental effects; and
(3) alternatives to the actions proposed in the permit.
[105.44 s. 1]
Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for
a permit authorized under this chapter, and each request to
amend or transfer an existing permit, must be accompanied by a
permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or
transfer.
(b) The application fee for a permit to appropriate water,
a permit to construct or repair a dam that is subject to dam
safety inspection, or to apply for the state water bank program
is $75. The application fee for a permit to work in public
waters or to divert waters for mining must be at least $75, but
not more than $500, in accordance with a schedule of fees
adopted under section 16A.128. [105.44 s. 10]
Subd. 3. [FIELD INSPECTION FEES.] (a) In addition to the
application fee, the commissioner may charge a field inspection
fee for:
(1) projects requiring a mandatory environmental assessment
under chapter 116D;
(2) projects undertaken without a required permit or
application; and
(3) projects undertaken in excess of limitations
established in an issued permit.
(b) The fee must be at least $100 but not more than actual
inspection costs.
(c) The fee is to cover actual costs related to a permit
applied for under this chapter or for a project undertaken
without proper authorization.
(d) The commissioner shall establish a schedule of field
inspection fees under section 16A.128. The schedule must
include actual costs related to field inspection, including
investigations of the area affected by the proposed activity,
analysis of the proposed activity, consultant services, and
subsequent monitoring, if any, of the activity authorized by the
permit. [105.44 s. 10]
Subd. 4. [REFUND OF FEES PROHIBITED.] A permit application
or field inspection fee may not be refunded for any reason, even
if the application is denied or withdrawn. [105.44 s. 10]
Subd. 5. [STATE AND FEDERAL AGENCIES EXEMPT FROM FEE.] A
permit application or field inspection fee may not be imposed on
any state agency, as defined in section 16B.01, or federal
governmental agency applying for a permit. [105.44 s. 10]
Subd. 6. [FILING APPLICATION.] (a) An application for a
permit must be filed with the commissioner and if the proposed
activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a
soil and water conservation district, a copy of the application
with maps, plans, and specifications must be served on the mayor
of the municipality, the secretary of the board of managers of
the watershed district, and the secretary of the board of
supervisors of the soil and water conservation district.
(b) If the application is required to be served on a local
governmental unit under this subdivision, proof of service must
be included with the application and filed with the
commissioner. [105.44 s. 1]
Subd. 7. [RECOMMENDATION OF LOCAL UNITS OF GOVERNMENT.] (a)
If the proposed activity for which the permit is requested is
within a municipality, or is within or affects a watershed
district or a soil and water conservation district, the
commissioner may obtain a written recommendation of the managers
of the district and the board of supervisors of the soil and
water conservation district or the mayor of the municipality
before issuing or denying the permit.
(b) The managers, supervisors, or mayor must file a
recommendation within 30 days after receiving of a copy of the
application for permit. [105.44 s. 2]
Sec. 35. [103G.305] [TIME LIMIT TO ACT ON WATER USE PERMIT
APPLICATION.]
Subdivision 1. [GENERAL 30-DAY LIMIT.] (a) Except as
provided in subdivision 2, the commissioner must act on a water
use permit within 30 days after the application for the permit
and the required data are filed in the commissioner's office.
(b) The commissioner must direct a hearing to be held on a
water use permit application or make an order issuing a permit
or denying a permit. [105.44 s. 4]
Subd. 2. [EXCEPTION.] The requirements of subdivision 1 do
not apply to applications for a water use permit for:
(1) appropriations from public waters for irrigation, under
section 32;
(2) appropriations for diversion from the basin of origin
of more than 2,000,000 gallons per day average in a 30-day
period; or
(3) appropriations with a consumptive use of more than
2,000,000 gallons per day average for a 30-day period. [105.44
s. 4]
Sec. 36. [103G.311] [PERMIT HEARING.]
Subdivision 1. [HEARING REQUIREMENT.] A hearing must be
conducted as a contested case hearing under chapter 14. [105.44
s. 3]
Subd. 2. [HEARING NOTICE.] (a) The hearing notice on an
application must state:
(1) the date, place, and time fixed by the commissioner for
the hearing; and
(2) the waters affected, the water levels sought to be
established, or control structures proposed.
(b) The hearing notice must be published by the
commissioner at the expense of the applicant or, if the
proceeding is initiated by the commissioner in the absence of an
applicant, at the expense of the commissioner.
(c) The hearing notice must be:
(1) published once a week for two successive weeks before
the day of hearing in a legal newspaper published in the county
where any part of the affected waters is located;
(2) mailed by the commissioner to the county auditor, the
mayor of a municipality, the watershed district, and the soil
and water conservation district affected by the application; and
(3) made under requirements prescribed by sections 14.57 to
14.59 and rules of the chief administrative law judge. [105.44
s. 5]
Subd. 3. [SUBPOENA OF WITNESSES AND EVIDENCE.] (a) The
commissioner may subpoena and compel the attendance of witnesses
and the production of books and documents that are material to
the purposes of the hearing.
(b) Disobedience of a subpoena is punishable in the same
manner as a contempt of the district court. The commissioner
must file a complaint of the disobedience of a subpoena with the
district court of the county where the subpoena was disobeyed.
[105.44 s. 7]
Subd. 4. [WAIVER OF HEARING.] The commissioner may waive a
hearing on an application and order the permit to be issued or
deny the permit. [105.44 s. 3]
Subd. 5. [DEMAND FOR HEARING.] (a) If a hearing is waived
and an order is made issuing or denying the permit, the
applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district, or the
mayor of the municipality may file a demand for hearing on the
application. The demand for a hearing must be filed within 30
days after mailed notice of the order with the bond required by
subdivision 6.
(b) The commissioner must give notice as provided in
subdivision 2, hold a hearing on the application, and make a
determination on issuing or denying the permit as though the
previous order had not been made.
(c) The order issuing or denying the permit becomes final
at the end of 30 days after mailed notice of the order to the
applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district, or the
mayor of the municipality, and an appeal of the order may not be
taken if:
(1) the commissioner waives a hearing and a demand for a
hearing is not made; or
(2) a hearing is demanded but a bond is not filed as
required by subdivision 6. [105.44 s. 3]
Subd. 6. [BOND FOR DEMANDING PUBLIC HEARING.] (a) An
applicant filing a demand for a public hearing must execute and
file a corporate surety bond or equivalent security to the state
of Minnesota, to be approved by the commissioner and in an
amount and form determined by the commissioner. The bond or
security must be conditioned to pay the costs of the hearing if
the commissioner's order issuing or denying a permit is affirmed
without material modification.
(b) A bond or security is not required of a public
authority that demands a public hearing.
(c) The commissioner may waive the requirement for a bond
or other security. [105.44 s. 6]
Subd. 7. [HEARING COSTS.] (a) Except as provided in
paragraphs (b) and (c), the costs of a hearing must be paid as
prescribed by chapter 14 and the chief administrative law judge.
(b) If a hearing is waived by the commissioner, but the
applicant other than a public authority demands a hearing on the
application and the commissioner's order is affirmed without
material modification, the applicant must pay the following
costs up to $750:
(1) costs of the stenographic record and transcript;
(2) rental costs, if any, of the place where the hearing is
held; and
(3) costs of publication of orders made by the commissioner.
(c) If a hearing is waived by the commissioner, but a
hearing is demanded by a public authority other than the
applicant and the commissioner's order is affirmed without
material modification, the public authority making the demand
must pay:
(1) costs of the stenographic record and transcript;
(2) rental costs, if any, of the place where the hearing is
held; and
(3) costs of publication of orders made by the commissioner.
[105.44 s. 6]
Sec. 37. [103G.315] [DENIAL AND ISSUANCE OF PERMITS.]
Subdivision 1. [COMMISSIONER'S GENERAL AUTHORITY.] The
commissioner may deny issuing permits and issue permits with or
without conditions. [105.44 s. 2]
Subd. 2. [FINDINGS OF FACT.] The commissioner shall make
findings of fact on issues necessary for determination of the
applications considered. Orders made by the commissioner must
be based upon findings of fact made on substantial evidence.
The commissioner may have investigations made. The facts
disclosed by investigation must be put in evidence at the
hearing. [105.45]
Subd. 3. [ISSUANCE OF PERMIT.] If the commissioner
concludes that the plans of the applicant are reasonable,
practical, and will adequately protect public safety and promote
the public welfare, the commissioner shall grant the permit.
[105.45]
Subd. 4. [CONTROL LEVELS.] If they are in issue, the
commissioner shall also fix the control levels of public waters
accordingly. [105.45]
Subd. 5. [DENIAL; MODIFICATIONS.] Otherwise the
commissioner shall reject the application or may require
modification of the plan as the commissioner finds proper to
protect the public interest. [105.45]
Subd. 6. [BURDEN OF PROOF; CONDITIONS.] (a) In permit
applications the applicant has the burden of proving that the
proposed project is reasonable, practical, and will adequately
protect public safety and promote the public welfare.
(b) In granting a permit, the commissioner may include in
it terms and reservations about the amount and manner of the use
or appropriation or method of construction or operation of
controls as appear reasonably necessary for the safety and
welfare of the people of the state. [105.45]
Subd. 7. [RESTORING EFFECTS OF UNLAWFUL ACTIVITIES.] (a)
The commissioner may include in an order issuing or denying a
permit, a requirement for the applicant to take an action
necessary to restore the public waters or their beds to the
condition existing before unlawful activities, if any, were
undertaken by the applicant. The restoration may include
filling beds unlawfully dredged, removing fill unlawfully
placed, or restoring water unlawfully appropriated.
(b) If a hearing on the application was not held, the
applicant may contest the order within 30 days of receiving it
and must be given a contested case hearing as prescribed by
chapter 14. [105.461]
Subd. 8. [NOTICE OF PERMIT ORDER.] Notice of orders made
after hearing must be given by publication of the order once a
week for two successive weeks in a legal newspaper in the county
where the hearing was held and by mailing copies of the order to
parties who entered an appearance at the hearing. [105.45]
Subd. 9. [TIME FOR ISSUANCE OF ORDER.] The commissioner
shall make an order within 60 days after the completion of the
hearing. [105.45]
Subd. 10. [CHARGES FOR EXCAVATION OF MINERALS.] The
commissioner must impose charges for the excavation of minerals
from the beds of public waters, as provided in chapter 93.
[105.44 s. 1a]
Subd. 11. [LIMITATIONS ON PERMITS.] (a) Except as
otherwise expressly provided by law, a permit issued by the
commissioner under this chapter is subject to:
(1) cancellation by the commissioner at any time if
necessary to protect the public interests;
(2) further conditions on the term of the permit or its
cancellation as the commissioner may prescribe and amend and
reissue the permit; and
(3) applicable law existing before or after the issuance of
the permit.
(b) Permits issued to irrigate agricultural land under
section 32, or considered issued, are subject to this
subdivision, and are subject to cancellation by the commissioner
upon the recommendation of the supervisors of the soil and water
conservation district where the land to be irrigated is
located. [105.44 s.9]
Subd. 12. [PERMIT NOT ISSUED UNTIL FEES ARE PAID.] Except
for field inspection fees related to monitoring, the
commissioner may not issue a permit until all fees required by
this section relating to the issuance of a permit have been
paid. The time limits prescribed by section 35, subdivision 1,
do not apply to an application for which the appropriate fee has
not been paid. Field inspection fees relating to monitoring of
an activity authorized by a permit may be charged and collected
as necessary at any time after the issuance of the permit.
[105.44 s. 10]
Subd. 13. [PERIOD FOR ACTIVITIES UNDER PERMIT.] (a) The
commissioner shall set the time period within which:
(1) construction authorized in the permit must be
completed; or
(2) an appropriation or use of water must be made.
(b) The time must not exceed five years from the date of
the permit.
(c) The time period may be extended by the commissioner
after application and for good cause demonstrated by the
permittee. [105.46]
Subd. 14. [IRREVOCABILITY OF CERTAIN PERMITS RELATED TO
MINING.] (a) Permits granted in connection with the mining,
transporting, concentration, or shipment of taconite as defined
in section 93.20, subdivision 18, and permits granted in
connection with the mining, production, or beneficiation of
copper, copper-nickel, or nickel, are irrevocable for the term
of the permits without the consent of the permittee, except for
breach or nonperformance of any condition of the permit by the
permittee.
(b) The commissioner may allow and prescribe in the permit
any time the commissioner considers reasonable, notwithstanding
the limitations under subdivision 13, limitations of time
contained in this section for beginning or completing
construction or operations under the permit, or exercising the
rights granted under the permit.
(c) The commissioner may extend the time, for cause shown,
upon the application of the permittee. [105.46]
Subd. 15. [RULES FOR ISSUANCE AND DENIAL OF PERMITS.] The
commissioner shall adopt rules prescribing standards and
criteria for issuing and denying water use permits, public
waters work permits, and water level control permits issued
under section 39. [105.415]
WATER LEVEL ESTABLISHMENT AND CONTROL
Sec. 38. [103G.401] [APPLICATION FOR ESTABLISHMENT OF LAKE
LEVELS.]
(a) Applications for authority to establish and maintain
levels of public waters and applications to establish the
natural ordinary high water level of public waters may be made
to the commissioner by a public body or authority or by a
majority of the riparian owners on the public waters.
(b) To conserve or utilize the water resources of the
state, the commissioner may initiate proceedings to establish
and maintain the level of public waters. [105.43]
Sec. 39. [103G.405] [WATER LEVEL CONTROL FOR LANDLOCKED
LAKES.]
The commissioner must issue a water level control permit to
establish control elevations for landlocked lakes up to three
feet below the ordinary high water level for the lake, if:
(1) the commissioner finds that control is necessary to
prevent flooding of homesteads;
(2) other reasonable or cost-effective alternatives are not
available; and
(3) a change in the control elevation is prescribed in an
approved stormwater plan under article 2, section 12. [105.42
s. 4]
Sec. 40. [103G.411] [STIPULATION OF LOW-WATER MARK.]
If the state is a party in a civil action relating to the
navigability or ownership of the bed of a body of water, river,
or stream, the commissioner, in behalf of the state, with the
approval of the attorney general, may agree by written
stipulation with a riparian owner who is a party to the action
on the location of the ordinary low-water mark on the riparian
land of the party. After the stipulation is executed by all
parties, it must be presented to the judge of the district court
where the action is pending for approval. If the stipulation is
approved, the judge shall make and enter an order providing that
the final judgment when entered shall conform to the location of
the ordinary, low-water mark as provided for in the stipulation
as it relates to the parties to the stipulation. [84.032]
BIG STONE LAKE
Sec. 41. [103G.415] [BIG STONE LAKE, SEASONAL WATER
LEVEL.]
Subdivision 1. [DESIRABLE WATER LEVEL ELEVATION
DETERMINED.] The most desirable and beneficial level for the
waters of Big Stone Lake from May 1 to October 1 is elevation
967, project datum, and the director of game and fish of South
Dakota and the commissioner of natural resources of Minnesota
shall maintain and operate the Big Stone control dam in
conformance with this elevation. [110.46 s. 2; 114.12]
Subd. 2. [REGULATION AT LEVELS LESS THAN DESIRABLE
ELEVATION.] When the water elevation of Big Stone Lake is 967,
or less, project datum:
(1) stop logs must be kept in place and maintained in the
outlet dam of Big Stone Lake; and
(2) the outflow from the outlet dam must be regulated not
to exceed 100 cubic feet per second. [114.12]
MISSISSIPPI HEADWATER LAKES
Sec. 42. [103G.421] [CONTROL OF MISSISSIPPI HEADWATER
LAKES.]
Subdivision 1. [REASON FOR CONTROL.] The legislature finds
that the regulation, control, and utilization of waters in the
headwater lakes in the Mississippi river, including Leech Lake,
Winnibigoshish Lake, Pokegama Lake, Pine river, the Whitefish
chain, Sandy Lake and Gull Lake are of tremendous economic
importance and value to the state and the utility of these lakes
in aid of navigation has been very greatly diminished since the
time of the establishment of the reservoirs, and that the
economic values in utilization of these waters for state
purposes has increased tremendously. These factors require the
assertion on the part of the state of Minnesota of its rights to
utilization and control of these water areas. [110.47]
Subd. 2. [JOINT FEDERAL-STATE CONTROL.] The commissioner
shall enter into cooperative agreements with the United States
of America acting through the Department of the Army for the
joint control and regulation of the Mississippi headwater
reservoirs to control the water elevations and the water
discharges from the Mississippi headwaters lakes in the
interests of the state, subject only to:
(1) a paramount need of waters from these sources in aid of
substantial navigation requirements; and
(2) a substantial requirement of providing necessary flood
control storage capacity as determined by the United States
Department of the Army Corps of Engineers. [110.48]
Subd. 3. [PLAN FOR DAM OPERATION.] (a) The commissioner
must develop a plan for the operation of the dams controlling
each of the Mississippi headwater reservoirs that:
(1) establishes the water elevation on each of the
Mississippi headwater lakes at the most desirable height, and
stabilizes the stages at that point, as practicable, during the
recreational use season;
(2) considers reasonable fluctuations when desirable for
the production of wild rice in the wild rice producing areas of
Mississippi headwater lakes;
(3) considers the elevations most desirable for the
production and maintenance of wildlife resources;
(4) considers the needs of water for recreation,
agriculture, forestry, game and fish, industry, municipal water
supply and sewage disposal, power generation, and other purposes
in the Mississippi river headwaters and downstream;
(5) establishes stages at which the water will be
maintained, as practicable, but recognizing the following
minimum stages in reference to present zeros on the respective
government gauges:
(i) Leech Lake ...............0.0;
(ii) Winnibigoshish Lake .....6.0;
(iii) Pokegama Lake ..........6.0;
(iv) Sandy Lake ..............7.0;
(v) Pine River ...............9.0;
(vi) Gull Lake ...............5.0;
(6) prescribes maximum discharges when the elevations fall
below the stages; and
(7) prescribes maximum elevations and amounts of discharge
from each lake to stabilize and effectuate the desired stages
and, as practicable, does not allow the elevation to exceed the
following maximum lake stages:
(i) Leech Lake ...............3.5;
(ii) Winnibigoshish Lake ....12.0;
(iii) Pokegama Lake .........12.0;
(iv) Sandy Lake .............11.0;
(v) Pine River ..............14.0;
(vi) Gull Lake ...............7.0. [110.49]
(b) The plan developed by the commissioner must consider
the following conditions:
(1) the necessity for changing discharges to meet
emergencies resulting from unexpected or abnormal inflows;
(2) the possibility of overriding requirements of the
federal government for substantial discharges to meet reasonable
and substantial navigation requirements; and
(3) the overriding authority and needs as prescribed by the
United States Department of the Army Corps of Engineers in
discharging their functions of requiring additional storage
capacity for flood control purposes. [110.50]
Subd. 4. [NOTICE OF PLAN.] Before the plan of operation
for a headwater lake is effective, the commissioner must publish
a notice of hearing on the plan of operation for two weeks in a
newspaper in each county where the affected waters are located.
[110.51]
Subd. 5. [HEARING ON PLAN.] (a) The hearing must be
conducted by the commissioner or an appointed referee. The
hearing will not be governed by legal rules of evidence, but the
findings of fact and orders, to be made and formulated by the
commissioner, must be predicated only on relevant, material, and
competent evidence.
(b) Interested parties must have an opportunity to be
heard, under oath, and are subject to cross examination by
adverse parties and by the attorney general or the attorney
general's representative who shall represent the commissioner at
the hearing.
(c) The findings of fact and orders incorporating the plan
determined by the commissioner must be published for two weeks
in the same manner as the notice of hearing. [110.51]
Subd. 6. [APPEAL.] A riparian owner or water user
aggrieved by the commissioner's findings has the right to appeal
by 30 days after completion of publication of the findings and
order to the district court of a county where the regulated
water is located. The appeal shall be determined by the court
on the record made before the commissioner. Issues on the
appeal are limited to the legal rights of the parties and
whether the findings of the commissioner are reasonably
supported by the evidence at the hearing. [110.52]
Subd. 7. [MODIFICATIONS.] (a) After a plan has been put
into effect, the commissioner is authorized to modify the stages
sought to be maintained by modifying the plan with respect to
any of the lakes involved to the extent of one foot in elevation
according to the zeros of the present government gauges without
holding additional hearings, except a departure from the
elevation target may not be made to reduce proposed stages below
the minimums prescribed by subdivision 3, paragraph (a), clause
(5), during the recreational season.
(b) A modification of the established plan that departs by
more than one foot in elevation may be placed into effect only
after a hearing is held in the same manner as the hearing
establishing the plan as provided under subdivisions 4 and 5.
[110.53]
DAM CONSTRUCTION AND MAINTENANCE
Sec. 43. [103G.501] [CONSTRUCTION OF PRIVATE DAMS ON
NON-NAVIGABLE WATERS.]
Subdivision 1. [PROCEDURE TO REQUIRE FLOWAGE RIGHTS.] If a
person desires to raise and extend or erect and maintain a dam
on the person's property across a stream or other watercourse
that is not navigable to create or improve a waterpower for
milling or manufacturing purposes and property owned by other
persons will be overflowed or otherwise damaged, the person
desiring to erect or extend or raise the dam may acquire the
right to do so by petitioning the court and having damages
ascertained and paid as prescribed in chapter 117. [110.14]
Subd. 2. [DAM MAY NOT DAMAGE PREVIOUS WATERPOWER.] A dam
may not be erected, raised, or maintained under this section
that damages a waterpower previously developed. [110.14]
Subd. 3. [PROJECT AND REPAIR COMPLETION TIMES.] If the
right to erect, raise, or extend a dam is acquired under
subdivision 1, the project must be started within one year,
completed, and the waterpower applied to the purpose stated in
the petition within three years after the right to erect, raise,
or extend the dam is acquired. If a dam or the machinery
connected with the dam is destroyed, the rebuilding of the dam
or machinery must be started and completed within the same
periods after the destruction. [110.15]
Subd. 4. [FORFEITURE.] Failure to comply with subdivision
3 or failure to operate a mill or machinery for one consecutive
year after it is erected forfeits the rights acquired under
subdivision 1 unless the owner is an infant, or is otherwise
legally disabled, in which case the periods under this section
begin after the disability is removed. [110.15]
Sec. 44. [103G.505] [DAM CONSTRUCTION AND MAINTENANCE BY
STATE.]
Subdivision 1. [AUTHORIZATION.] The commissioner may
construct, maintain, and operate dikes, dams, and other
structures necessary to maintain uniform water levels
established under this chapter to improve navigation, protect
and improve domestic water supply, protect and preserve fish and
other wildlife, protect the public interest in the shore and
shorelines of public waters, and promote public health.
[105.48]
Subd. 2. [AUTHORITY TO ACQUIRE LAND.] The commissioner may
acquire lands or any necessary interest in lands by purchase,
gift, or condemnation. [105.48]
Subd. 3. [OPERATION OF DAMS ON STATE PROPERTY.] Dams owned
by the state or built on property owned or controlled by the
state must be maintained under the direction of the commissioner
and operated under the commissioner's direction and control.
[105.48]
Subd. 4. [ACCEPTANCE OF LOCAL FUNDING.] The commissioner
may accept funds from local governmental and civic agencies or
persons to acquire property for or to construct, maintain, or
operate dams and control structures. [105.48]
Sec. 45. [103G.511] [PUBLICLY-OWNED DAM REPAIR.]
Subdivision 1. [AUTHORIZATION.] The commissioner may:
(1) repair or reconstruct state-owned dams;
(2) make engineering evaluations related to the repair or
reconstruction of dams owned by local governmental units; and
(3) grant aid to local governmental units to repair or
reconstruct dams owned by local governmental units. [105.482 s.
3]
Subd. 2. [ENGINEERING EVALUATIONS.] The engineering
evaluations may include studies of the feasibility,
practicality, and environmental effects of using dams for
hydroelectric power generation. [105.482 s. 3]
Subd. 3. [FUNDING.] (a) Except as provided in this
section, a grant to a local government unit may not exceed the
amount contributed to the project by the local government unit
from local funds.
(b) Federal general revenue sharing money may be counted as
local funds, but other federal grants or loans must be used to
reduce equally the state share and the local share of project
costs. [105.482 s. 3]
(c) A grant to study the feasibility, practicality, and
environmental effects of using a dam for hydroelectric power
generation may be for an amount up to 90 percent of the costs of
the study. [105.482 s. 3]
Subd. 4. [INVESTIGATION.] The commissioner may repair or
reconstruct a state-owned dam or make a grant to a local
governmental unit only after making an investigation of the
dam. [105.482 s. 4]
Subd. 5. [APPLICATION.] A local governmental unit desiring
a grant for the repair or reconstruction of a dam may apply for
the grant on forms supplied by the commissioner.
Subd. 6. [DETERMINATION OF GRANT.] The commissioner shall
consider all relevant factors in determining whether to repair
or reconstruct a state-owned dam or to make a grant to a local
governmental unit including:
(1) the age and type of construction of the dam;
(2) the use of the dam for water supply, flood control,
navigation, hydroelectric power generation, recreation, wildlife
management, scenic value, or other purposes related to public
health, safety, and welfare;
(3) the consequences of abandonment, removal, or alteration
of the dam;
(4) prospective future uses of the dam; and
(5) the relative importance of the dam to the statewide
water resource program. [105.482 s. 4]
Subd. 7. [HEARING.] The commissioner may hold a public
hearing under section 36 on the proposed repair or
reconstruction after giving notice. If the hearing is held at
the request of a local government unit, the costs of publishing
notice and of taking and preparing the stenographic record must
be paid by the local government unit. [105.482 s. 4]
Subd. 8. [OPERATION AGREEMENT.] To receive a grant the
local government unit must enter into an agreement with the
commissioner giving assurance that the government unit will
operate and maintain the dam in a safe condition for the benefit
of the public and must agree to other conditions the
commissioner considers reasonable. [105.482 s. 4]
Subd. 9. [LIMITATIONS.] (a) If the cost of repair or
reconstruction of a state-owned dam or a grant to a local
government unit is less than $250,000, the commissioner may
direct that the state-owned dam be repaired or reconstructed or
that a grant be made to repair or reconstruct a dam owned by a
local government unit.
(b) If the cost of repair or reconstruction of a
state-owned claim or grant to a local government unit is
$250,000 or more, the commissioner may recommend the project to
the legislature for its consideration and action, except in an
emergency under paragraph (c).
(c) The commissioner, with the approval of the commissioner
of finance after consulting with the legislative advisory
commission, may direct that a state-owned dam be repaired or
reconstructed or a grant be made to a local government unit if
the commissioner determines that an emergency exists and:
(1) there is danger that life will be lost; or
(2) that substantial property losses will be suffered if
action is not promptly taken. [105.482 s. 5]
Subd. 10. [LOANS FOR LOCAL SHARE OF PROJECT COSTS.] (a) If
the commissioner decides to recommend a dam repair or
reconstruction grant for a local government unit to the
legislature, the commissioner must notify the local government
unit and the commissioner of finance of the decision. After
being notified by the commissioner of natural resources, the
local government unit may apply to the commissioner of finance
on forms supplied by the commissioner of finance for a loan up
to 90 percent of the local share of the project costs.
(b) The loan is repayable over a period not longer than 20
years, with interest at a rate sufficient to cover the cost to
the state of borrowing the money.
(c) A local government unit receiving a dam safety loan
must levy for the loan payment in the year the loan proceeds
were received and each later year, until the loan is paid. The
levy must be for:
(1) the amount of the annual loan payment; or
(2) the amount of the loan payment less the amount the
local government unit certifies is available from other sources
for the loan payment.
(d) Upon approval of the project grant by the legislature,
the commissioner of finance shall make the loan in an amount and
on terms that are appropriate. Loans made under this
subdivision do not require approval by the electors of the local
government unit as provided in section 475.58.
(e) Principal and interest payments received by the
commissioner of finance in repayment of these loans are
appropriated to the state building bond account. [105.482 s.
5a]
Subd. 11. [COMMISSIONER'S ORDER TO REPAIR OR RECONSTRUCT A
DAM.]
(a) If a local government unit fails to comply with a
commissioner's order to repair or remove a dam under section 46,
the commissioner may repair or remove the dam as provided in
this subdivision.
(b) The commissioner must hold a hearing under section 36
on the failure of the local government unit to repair or remove
the dam. After the hearing, the commissioner must make findings
specifying the failure of the local government unit to act and
shall, by order, assume the powers of the legislative authority
of the local government unit in regard to the repair or removal
of dams.
(c) After issuing the order, the commissioner has the same
powers, insofar as applicable to the repair or removal of dams,
as the commissioners of administration and the pollution control
agency have in the construction, installation, maintenance, or
operation of a municipal disposal system, or part of a system,
or issuing bonds and levying taxes under section 115.48.
[105.482 s. 6]
Subd. 12. [PRIORITY LIST OF DAMS NEEDING REPAIR.] After
reviewing examinations of dams owned by the state and local
government units, the commissioner shall prioritize the state
and local government unit dams in need of repair or
reconstruction and report annually to the legislature. The
commissioner must prioritize projects considering danger to
life, damage to property, and the factors listed in subdivision
6. [105.482 s. 7]
Sec. 46. [103G.515] [EXAMINATION AND REPAIR OF DAMS AND
RESERVOIRS.]
Subdivision 1. [EXAMINATION OF STRUCTURE.] The
commissioner may examine a reservoir, dam, control structure, or
waterway obstruction after receiving a complaint or determining
an examination is needed. The commissioner, or an authorized
agent, must be granted access at any reasonable time to examine
the reservoir, dam, control structure, or waterway obstruction.
[105.52]
Subd. 2. [ADDITIONAL ENGINEERING INVESTIGATIONS.] (a)
After making an examination, if the commissioner determines that
additional engineering investigations are necessary to determine
the safety of a dam, reservoir, control structure, or waterway
obstruction and the nature and extent of the necessary repairs
or alterations, the commissioner must notify the owner to have
investigations made at the owner's expense.
(b) The result of the investigation must be filed with the
commissioner for use in determining the condition of the
structures and the need for their repair, alteration, or
removal. [105.52]
Subd. 3. [REPAIR, ALTERATION, OR REMOVAL REQUIRED.] (a) If
the commissioner determines that the reservoir, dam, control
structure, or waterway obstruction is unsafe or needs repair or
alteration, the commissioner shall notify the owner of the
structure with an order to repair, alter, or remove the
structure. The order must be issued in the same manner as if
the owner had applied for a permit for the repairs, alterations,
or removal.
(b) The engineering investigations or the work of repair,
alteration, or removal must begin and be completed within a
reasonable time prescribed by the commissioner. [105.52]
Subd. 4. [DAM INSPECTION FEE.] (a) The commissioner shall
adopt rules which must include a fee schedule to cover the cost
of dam inspection and must classify structures to adequately
define risks and hazards involved in relation to public health,
safety, and welfare.
(b) The rules may not impose a field inspection fee on any
state agency, political subdivision of the state, or federal
governmental agency. [105.535]
Sec. 47. [103G.521] [TRANSFER OF AUTHORITY OVER STATE
DAMS.]
Subdivision 1. [APPLICATION FOR TRANSFER.] (a) Upon
application by resolution of the governing body of a local
government unit authorized to maintain and operate dams or other
control structures affecting public waters, the commissioner
with the approval of the executive council, may transfer to the
local government unit the custody of a dam or other control
structures owned by the state and under the supervision or
control of the commissioner if the commissioner determines that
the transfer will promote the best interests of the public. The
transfer must be made by order of the commissioner on the terms
and conditions the commissioner sets for maintenance and
operation of the project.
(b) In connection with the transfer, the commissioner may
convey land, easements, or other state property pertaining to
the project to the transferee by deed or another appropriate
instrument in the name of the state, subject to conditions and
reservations prescribed by the commissioner. A duplicate of
each order, conveyance, or other instrument executed by the
commissioner in connection with a transfer must be filed with
the commissioner of finance. [105.63 s. 1]
Subd. 2. [PAYMENT FOR TRANSFER.] A transfer may be made
with or without payment of money to the state, as agreed upon
between the commissioner and the transferee. If a payment is
received as part of the transfer, the amount must be deposited
into the state treasury and credited to the general fund.
[105.63 s. 2]
Sec. 48. [103G.525] [LIMITATIONS ON TRANSFERS OF OWNERSHIP
OF DAMS.]
The state, a state department or agency, a county,
municipality, town, or other governmental entity may not
purchase or accept as a gift a privately owned dam subject to
permit requirements until:
(1) the commissioner has examined the dam;
(2) the commissioner has prepared a report of the
examination;
(3) the report has been filed with the legislature; and
(4) the legislature has had an opportunity to consider the
report and has not prohibited the purchase or gift during the
legislative session in which the report is filed, or, if the
report is filed when the legislature is not in session, the
legislature has not prohibited the gift or purchase at the next
session. [105.521]
Sec. 49. [103G.531] [DAM PERMIT EXCEPTIONS.]
Subdivision 1. [PERMIT NOT REQUIRED FOR ORIGINAL
CONSTRUCTION OF STRUCTURES BEFORE JULY 1, 1937.] This chapter
does not authorize the commissioner to require a permit for the
original construction of dams, reservoirs, or control works in
existence on and before July 1, 1937. [105.53]
Subd. 2. [MINOR DAM EXCLUSION.] The commissioner shall
adopt rules that exclude minor dams such as those less than six
feet in height or that impound less than 50 acre-feet of water
storage at maximum storage elevations from permit requirements.
The rules do not apply to a barrier six feet or less in height,
regardless of storage capacity, or to a barrier creating a
storage capacity at maximum water storage elevation of 15
acre-feet or less, regardless of height. [105.535]
Sec. 50. [103G.535] [HYDROPOWER GENERATION.]
Subdivision 1. [PUBLIC PURPOSE.] The legislature finds
that:
(1) the public health, safety, and welfare of the state is
also promoted by the use of state waters to produce
hydroelectric or hydromechanical power in a manner consistent
with laws relating to dam construction, reconstruction, repair,
and maintenance; and
(2) the leasing of existing dams and potential dam sites
primarily for power generation is a valid public purpose.
[105.482 s. 8]
Subd. 2. [AUTHORITY FOR LEASE OF SITES.] A local
government unit, or the commissioner with the approval of the
state executive council for state-owned dams, may provide by a
lease or development agreement for the development and operation
of dams, dam sites, and hydroelectric or hydromechanical power
generation plants by an individual, a corporation, an
organization, or other legal entity on terms and conditions in
subdivision 5. [105.482 s. 8]
Subd. 3. [INSTALLATIONS LESS THAN 15,000 KILOWATTS UNUSED
ON JANUARY 1, 1984.] If an installation of 15,000 kilowatts or
less at a dam site and reservoir was unused on January 1, 1984,
in connection with the production of hydroelectric or
hydromechanical power, the lease or development agreement
negotiated by the local government unit and the developer
constitutes full payment by the lessee and may be in lieu of all
real or personal property taxes that might otherwise be due to a
local government unit. [105.482 s. 8]
Subd. 4. [MUNICIPALITY OR TOWN APPROVAL.] If the dam, dam
site, or power generation plant is located in or contiguous to a
municipality or town, other than the lessor local government
unit, the lease or agreement is not effective unless it is
approved by the governing body of the municipality or town.
[105.482 s. 8]
Subd. 5. [CONTENTS OF DEVELOPMENT AGREEMENT.] (a) An
agreement for the development or redevelopment of a hydropower
sight must contain provisions to assure the maximum financial
return to the local government unit or the commissioner.
[105.482 s. 9]
(b) An agreement may contain:
(1) the period of the development agreement up to 99 years,
subject to negotiations between the parties, and conditions for
extension, modification, or termination;
(2) provisions for a performance bond on the developer or
certification that the equipment and its installation have a
design life at least as long as the lease; and
(3) provisions to assure adequate maintenance and safety in
impoundment structures and access to recreational sites.
[105.482 s. 9]
Sec. 51. [103G.541] [MUNICIPAL DAMS ON RED RIVER OF THE
NORTH.]
Subdivision 1. [AUTHORITY TO CONSTRUCT DAM.] A
municipality owning or permanently controlling property where a
proposed dam is to be constructed may:
(1) construct a dam on the property and across that portion
of the Red River of the North that forms a part of the boundary
common to this state and the state of North Dakota to conserve
water for municipal, commercial, and domestic use; and
(2) construct, in connection with the dam structures,
fishways, raceways, sluiceways, and wasteways necessary or
convenient for the proper construction and utility of the dam
and as may be required by law. [110.18]
Subd. 2. [CONSENT OF THE UNITED STATES AND NORTH
DAKOTA.] If required by law or treaty, the municipality must
first obtain the consent of the United States and of the state
of North Dakota for the construction. [110.18]
Sec. 52. [103G.545] [DAMS AND WATER LEVEL CONTROL IN COOK,
LAKE, AND ST. LOUIS COUNTIES.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to preserve shorelines, rapids, waterfalls, beaches, and other
natural features in an unmodified state of nature. [110.13]
Subd. 2. [LEGISLATIVE APPROVAL REQUIRED FOR CONTROL
STRUCTURES AND WATER LEVELS.] Except as provided in this
section, specific authority must be given by law after
consideration by the legislature with regard to control
structures or water levels within or bordering on the area of
Cook, Lake, and St. Louis counties designated in the Act of
Congress of July 10, 1930, United States Code, title 46, section
1020, before:
(1) dams or additions to existing dams may be constructed
in or across public waters;
(2) alteration of the natural water level or volume of
flowage of public waters may be made; or
(3) an easement for flooding or overflowing or otherwise
affecting state property adjacent to public waters may be
granted. [110.13]
Subd. 3. [RECREATIONAL AND LOGGING DAMS.] With the written
approval of the commissioner and the signed authority of the
executive council, dams for public recreational uses or dams
essential for logging or for logging reservoirs that do not
exceed 100 acres in size may be constructed to temporarily
maintain water levels up to but not higher than the normal
high-water marks. The approval is subject to fees recommended
by the commissioner, time limitation, and other conditions
designed fully to protect the public interest and purpose of
this section. [110.13]
Subd. 4. [EXCEPTION AND REQUIREMENT FOR CERTAIN WATERPOWER
SITES.] (a) This section does not apply to the portion of a
proposed development for waterpower purposes that was actually
occupied and maintained by an applicant for a license to make
the development under the terms of the federal waterpower act if
the application for the license was pending on or before January
1, 1928.
(b) The occupant may occupy and use the state lands and
waters occupied on January 1, 1928, and used up to an elevation
not exceeding two feet above the lowest crest of the spillway or
overflow dam of the occupant as constructed on January 1, 1928,
for as long as the land and water is needed for waterpower
purposes. Water control structures may not be used higher than
the structures used before January 1, 1928.
(c) The occupant shall pay to the state annual compensation
determined by the commissioner after investigation for the use
of the state lands affected. The occupant must promptly pay the
state reasonable compensation for any further damage to state
lands or timber caused by waterpower development, other than is
covered by the compensation paid for the use of the lands.
[110.13]
Subd. 5. [PENALTY.] Any person who willfully or knowingly
violates a provision of this section or of an order made by the
commissioner under this section is guilty of a gross misdemeanor.
[110.13]
Sec. 53. [103G.551] [WATERPOWER DAMS USED ONLY FOR WATER
LEVEL REGULATIONS.]
Subdivision 1. [APPLICABILITY.] This section and section
54 apply to public waters if:
(1) a dam constructed or maintained in any manner has
existed in the outlet of the lake affecting the water level of
the lake for a continuous period of at least 15 years;
(2) the lake has been used by the public for navigation,
fishing, hunting, or other beneficial public purposes
continuously throughout the 15-year period when allowed by
natural conditions;
(3) the use of the dam for a purpose other than regulating,
controlling, or maintaining the water level of the lake in aid
of navigation, propagation of fish or waterfowl, or other
beneficial public purposes has been discontinued;
(4) continued regulation, control, or maintenance of the
water levels of the lake by the dam in the same manner as during
the 15-year period would be desirable and in the public
interests in navigation, propagation of fish or waterfowl, or
other beneficial public uses of the lake; and
(5) discontinuance of regulation of water levels through
deterioration or removal of the dam would be detrimental to
public interests in navigation, propagation of fish and
waterfowl, or other beneficial public uses. [110.31]
Subd. 2. [DEDICATION OF PERPETUAL FLOWAGE EASEMENT.] (a)
Owners of property and interests in property bordering on a lake
or connecting waters affected by a dam are considered to have
dedicated to the state for the use and benefit of the public a
perpetual flowage easement on the property for all overflow and
other effects of water on their property resulting from the
existence, maintenance, or operation of the dam during the
15-year period.
(b) The perpetual flowage easement has the extent and
effect as if the state had:
(1) owned and controlled the dam;
(2) regulated, controlled, and maintained the water levels
of the lake and connecting waters affected by the dam for public
use and benefit under the conditions existing during the 15-year
period; and
(3) acquired the flowage easement by prescription.
[110.32]
Subd. 3. [CONVEYANCE OF FLOWAGE EASEMENT TO COMMISSIONER
AUTHORIZED.] The commissioner may accept a conveyance or release
of a property or an interest in property that grants the state a
flowage easement on the property for overflow or other effects
of water resulting from the existence, maintenance, or operation
of a dam, or reconstruction or improvement of a dam, or
construction of a dam in the outlet of a lake to regulate,
control, or maintain the water level of the lake in aid of
navigation, propagation of fish or waterfowl, or other
beneficial public purposes. [110.33]
Subd. 4. [DETERMINATION OF EASEMENT RIGHTS.] (a) An action
may be brought in the name of the state in the district court of
the county where affected property is located to determine:
(1) the extent and effect of a flowage easement obtained by
the state;
(2) the title and rights of the state under the flowage
easement;
(3) adverse claims to the flowage easement; and
(4) the rights of all parties interested in or affected by
the flowage easement.
(b) The action may be brought by the attorney general upon
the attorney general's own initiative or on request of the
commissioner. On request of the attorney general, the county
attorney of the county where the property affected by the
flowage easement is located shall assist in bringing the action.
(c) Part or all of the property affected by the flowage
easement that is bordering on one lake and the connecting waters
of the lake and located in one county may be included in one
action. The parties interested in the affected property may be
joined as defendants in the action.
(d) Except as otherwise provided in this section and
section 54, the law relating to actions for the determination of
title to real estate in the district court governs the action.
(e) The cost of the action may be paid from money
appropriated for the maintenance, operation, and control of the
dam involved, or may be paid by the county where the lake and
connecting waters are located. [110.34]
Subd. 5. [HIGHER ORDINARY HIGH WATER LEVELS.] (a) If the
water levels maintained by a dam that has existed as provided in
subdivision 1, have established an ordinary high water level
above the natural ordinary high water level, the ordinary high
water level reestablishes the natural ordinary high water level
of the waters. Property owners and the owners of an interest in
property affected by the reestablished natural ordinary high
water level are presumed to have consented to the reestablished
natural ordinary high water level and to have dedicated their
property to the state for the use and benefit of the public.
[110.36]
(b) The commissioner may determine the reestablished
natural ordinary high water level in the same manner as provided
by law for the determination of natural ordinary high water
levels. The determination is prima facie evidence of the level
and has the same effect as a determination of natural ordinary
high water level by the commissioner. [110.36]
Subd. 6. [EASEMENTS, APPURTENANT TO DAM.] A flowage
easement obtained by the state under this section attaches and
is appurtenant to a dam that is acquired or taken over and
maintained or controlled in aid of public navigation,
propagation of fish or waterfowl, or other beneficial public
purposes by the commissioner or another agency of the state, a
county, political subdivision, or a combination authorized by
law. The flowage easement attaches and is appurtenant to the
reconstruction or improvement of the dam and to a new dam
constructed in the outlet of the lake that is taken over and
maintained or controlled by the commissioner, a state agency, a
county, a political subdivision, or a combination authorized by
law. [110.35]
Subd. 7. [STATE CONTROL OF ABANDONED DAMS.] (a) If a dam
not owned or controlled by the state or a public agency is not
used or maintained by or under the authority of the owner of the
dam for a lawful purpose for a continuous period of at least 15
years, the dam and the dam site are presumed to be abandoned by
the owner and dedicated to the state with flowage easements
appurtenant for the use and benefit of the public. The
commissioner:
(1) shall take possession of the dam and the dam site and
the flowage easements on behalf of the state, and use, maintain,
operate, and control the dam, dam site, and flowage easements
for public purposes; or
(2) may dispose of the dam or dam site, or flowage
easements for public purposes as provided in paragraph (b) or as
otherwise authorized by law.
(b) The commissioner may dispose of a dam, dam site, or
flowage easement after:
(1) publishing notice of a hearing on disposing of the dam,
dam site, or flowage easement in a legal newspaper in the county
where the dam is situated;
(2) holding a hearing; and
(3) determining that it is not in the public interest for
the state to use, maintain, operate, and control the dam.
(c) The commissioner may construct other or additional
control works to supplement or supplant the dam under other
provisions of law.
(d) The title of the state to a dam, dam site, or flowage
easements acquired under this subdivision may be established and
determined by action in the district court as provided by law
for actions for the determination of title to real estate.
(e) Before taking possession of an abandoned dam, dam site,
or flowage easements, the commissioner must file a written
certificate executed by the commissioner stating the dam is
abandoned and is acquired by the state, in the office of the
county recorder of the county where the dam is situated. The
responsibility for a dam, dam site, or flowage easement is not
on the state until the certificate is recorded or a judgment
entered in an appropriate action establishing the state's title
to the dam, dam site, and flowage easement. If a county or
other political subdivision of the state or combination desires
to take over an abandoned dam, dam site, and flowage easements
and maintain, operate, control, or dispose of the dam, dam site,
and flowage easement for public purposes, the commissioner may
convey the dam, dam site, and flowage easement from the state to
the county or other political subdivision or combination.
[110.37]
Sec. 54. [103G.555] [STATUTE OF LIMITATIONS FOR ACTIONS
AGAINST PUBLIC OFFICIALS.]
An action or proceeding against the state, the
commissioner, a county, or political subdivision or their
officers or agents relating to the taking over, construction,
reconstruction, repair, improvement, maintenance, operation, or
control of a dam subject to section 53 and this section or the
effects of water levels regulated, controlled or maintained by a
dam is barred unless the action is started within one year after
the taking over or after the completion of the construction,
reconstruction, repair, or improvement. [110.38]
Sec. 55. [103G.561] [STATUTE OF LIMITATIONS FOR ACTIONS ON
FLOWAGE EASEMENTS AND ORDINARY HIGH WATER LEVELS.]
An action or proceeding that affects or seeks to adversely
affect a perpetual flowage easement dedicated to the state for
the use and benefit of the public as provided in section 53,
subdivision 2, or the maintaining or the right to maintain a
reestablished natural ordinary high water level above the
natural ordinary high water level of waters for which the state
holds a perpetual flowage easement, is barred unless the action
or proceeding is commenced within one year from the date of the
order of the commissioner determining the ordinary high water
level of the waters under section 53, subdivision 5. [110.40]
FLOWAGE EASEMENTS
Sec. 56. [103G.565] [RIGHT TO OVERFLOW, OBSTRUCT, OR
IMPAIR HIGHWAYS GRANTED BY GOVERNING BODY.]
Subdivision 1. [AUTHORITY.] The governing body of a town
or municipality may allow the overflow, obstruction, or
impairment of a public street or other highway, or the digging
of a raceway in a public street or highway if it is necessary
for creating, improving, or operating a waterpower. [110.16]
Subd. 2. [PROCEDURE.] (a) The waterpower must petition the
governing body of the town or municipality where the street or
highway is located for approval.
(b) The governing body of the town or municipality must
post notice of the time, location, and purpose of the meeting on
the petition for ten days. At the meeting, testimony may be
taken. The governing body must make an order specifying the
terms and conditions of the approval.
(c) The expenses of the meeting must be paid by the
petitioner, whether the petition is granted or refused.
[110.16]
Sec. 57. [103G.571] [BANK REPAIR ON PROPERTY WHERE
OVERFLOW RIGHTS ARE ACQUIRED.]
Subdivision 1. [RIGHT TO REPAIR.] If the right to overflow
the property of another by means of a dam is acquired by
condemnation or contract and afterwards the waters of the stream
are diverted because the banks of the property overflowed break
away, the owner of the dam may enter the property of the person
where the right to overflow is acquired and repair the banks to
restore the previous flow of the stream. [110.17]
Subd. 2. [DAMAGES OF ENTRY AND REPAIR.] The damages caused
by entry and repair under subdivision 1 must be paid by the
owner of the dam. [110.17]
Sec. 58. [103G.575] [GRANT OF FLOWAGE EASEMENTS IN UPPER
RED LAKE REGION.]
The commissioner on behalf of the state and with the
approval of the governor may grant flowage easements on state
owned land, or tax-forfeited land, in the region of Upper Red
Lake upon the terms and conditions prescribed by the
commissioner. [84.158]
WATER AERATION AND DEICING
Sec. 59. [103G.601] [ICE-CUTTING FENCES AND GUARDS.]
Subdivision 1. [FENCE AND GUARD REQUIREMENT.] A person
cutting ice in or on waters entirely or partly in the state to
remove ice must surround the cuttings and openings with fences
or guards sufficient to warn persons of the cutting before the
cutting is started. The fence or guard must be maintained until
the ice has formed in the openings to the thickness of at least
six inches. [378.21]
Subd. 2. [PENALTY.] A person who fails to comply with this
section is guilty of a misdemeanor. [378.21]
Sec. 60. [103G.605] [DEICING WATER BODIES.]
A county board, lake improvement district, or governing
body of a municipality under section 459.20 may regulate the
construction and use of mechanical and chemical means of deicing
the body of water in a manner consistent with rules of the
commissioner. [378.32 s. 5; 378.51 s. 3; 459.20]
Sec. 61. [103G.611] [WATER AERATION SAFETY.]
Subdivision 1. [REQUIREMENT.] A person operating an
aeration system on public waters under a water aeration permit
must comply with the sign posting requirements of this section
and applicable rules of the commissioner. [378.22 s. 1]
Subd. 2. [POSTING.] (a) If an aeration system is used on
the ice of public waters, signs must be posted by the water
aeration permittee at a height of from four to six feet in a
rectangular pattern at each corner of the open water, and
additional signs between the corner signs so that a sign is
posted at least every 100 feet.
(b) Additional signs must be posted by the permittee on the
shoreline of the public waters at each public access point and
other areas commonly used by the public for access to the lake.
(c) The signs must comply with the applicable rules of the
commissioner. [378.22 s. 2]
Subd. 3. [PUBLICATION OF NOTICE.] Advance public notice of
the commencement of aeration, authorized by a water aeration
permit from the commissioner during periods of ice cover on
public waters, must be given by the permittee. Minimum notice
consists of publication of the location and date of commencement
of the aeration system in a newspaper of general circulation in
the area where the system is proposed to be operated at least
two times between five and 60 days before aeration is started.
[378.22 s. 3]
Subd. 4. [EVIDENCE.] In an action for negligence arising
out of the conduct of aeration operations authorized by a water
aeration permit from the commissioner during periods of ice
cover on public waters, evidence of compliance with the posting
and publication requirements of this section and applicable
rules and permit provisions of the commissioner are prima facie
evidence of the exercise of due care by the permittee. [378.22
s. 4]
Subd. 5. [WATER AERATION RULES.] The commissioner shall
adopt rules relating to the issuance of permits for aeration,
bubbler, water circulation, and similar systems used to increase
dissolved oxygen or to maintain open water on the surface of
public waters. [378.22 s. 5]
Subd. 6. [PUBLIC WATERS WITHOUT ACCESS.] (a) A riparian
landowner may aerate public waters with a permit under this
subdivision if the public waters do not have a public access and
the person aerating the public waters owns all of the riparian
land or all of the possessory rights to the riparian lands.
(b) The provisions of this section do not apply to the
aeration under this subdivision except the public waters must be
posted as provided under subdivision 2, paragraphs (a) and (c).
[378.22 s. 6]
HARVEST AND CONTROL OF AQUATIC PLANTS
Sec. 62. [103G.615] [PERMITS TO HARVEST OR DESTROY AQUATIC
PLANTS.]
Subdivision 1. [AUTHORIZATION.] (a) The commissioner may
issue permits, with or without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other
than wild rice from public waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or
organisms in public waters under prescribed conditions to
protect the waters, desirable species of fish, vegetation, other
forms of aquatic life, and the public.
(b) Application for a permit must be accompanied by a
permit fee, if required. [84.092 s. 1]
Subd. 2. [FEES.] (a) The commissioner shall establish a
fee schedule for permits to harvest aquatic plants other than
wild rice, by order, after holding a public hearing. The fees
may not exceed $200 per permit based upon the cost of receiving,
processing, analyzing, and issuing the permit, and additional
costs incurred after the application to inspect and monitor the
activities authorized by the permit.
(b) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(c) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the game and fish fund. [84.092 s. 2]
Subd. 3. [PERMIT STANDARDS.] The commissioner shall, by
order, prescribe standards to issue and deny permits under
subdivision 2. The standards must ensure that aquatic plant
control is consistent with shoreland conservation ordinances,
lake management plans and programs, and wild and scenic river
plans. [84.092 s. 3]
Sec. 63. [103G.617] [EURASIAN WATER MILFOIL EDUCATION AND
MANAGEMENT.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "Eurasian water milfoil" means myriophyllum spicatum.
Subd. 2. [INVENTORY.] The commissioner shall inventory and
monitor the growth of Eurasian water milfoil on lakes in the
state. The commissioner may use volunteers to aid in the
inventory effort.
Subd. 3. [EDUCATION.] The commissioner shall publish and
distribute informational materials to lakeshore owners and
boaters on the control problems of Eurasian water milfoil.
Subd. 4. [MANAGEMENT.] The commissioner shall coordinate a
control program to manage the growth of Eurasian water milfoil
with appropriate local units of government, special purpose
districts, and lakeshore associations. Technical assistance may
be provided by the commissioner upon request.
Subd. 5. [RESEARCH.] The commissioner shall initiate
cooperative research with the Freshwater Foundation and the
University of Minnesota freshwater biological institute to study
the use of nonchemical methods, including biological control
agents, for control of Eurasian water milfoil. [84.0921]
Sec. 64. [103G.621] [COUNTY WEED AND ALGAE DESTRUCTION AND
REMOVAL.]
A county board, lake improvement district, or governing
body of a municipality under section 459.20 may regulate the
mechanical and chemical means of removal of weeds and algae from
the body of water in a manner consistent with the rules of the
commissioner. [378.32 s. 5; 378.51 s. 3; 459.20]
Sec. 65. [103G.625] [MUNICIPAL CONTROL OF AQUATIC
VEGETATION AND ORGANISMS.]
Subdivision 1. [AUTHORITY.] The governing body of a
municipality or town may expend funds for the control or
destruction of harmful or undesirable aquatic vegetation or
organisms in public waters and may cooperate with other
governing bodies and landowners in the control or destruction.
[110.71 s. 1]
Subd. 2. [PERMIT REQUIRED.] The control or destruction of
the aquatic vegetation or organisms may not be started unless a
permit has been obtained from the commissioner under section 62
and the work is done in accordance with the terms and conditions
of the permit. [110.71 s. 1]
Subd. 3. [FUNDING.] (a) The governing body of a
municipality or town may use any available funds and may levy a
tax not to exceed the lesser of (1) 0.01596 percent of taxable
market value, or (2) 50 cents per capita, to implement this
section. [110.71 s. 2]
(b) To provide funds in advance of collection of the tax
levies, the governing body may, at any time after the tax has
been levied and certified to the county auditor for collection,
issue certificates of indebtedness in anticipation of the
collection and payment of the tax. The total amount of the
certificates, including principal and interest, may not exceed
90 percent of the amount of the levy and must become payable
from the proceeds of the levy not later than two years from the
date of issuance. The certificates shall be issued on terms and
conditions as the governing body may determine and sold as
provided in section 475.60. [110.71 s. 3]
(c) If the governing body determines that an emergency
exists, it may make appropriations from the proceeds of the
certificates for authorized purposes without complying with
statutory or charter provisions requiring that expenditures be
based on a prior budget authorization or other budgeting
requirement. [110.71 s. 3]
(d) The proceeds of a tax levied or an issue of
certificates of indebtedness must be deposited in a separate
fund and expended only for purposes authorized by this section.
If a disbursement is not made from the fund for a period of five
years, money remaining in the fund may be transferred to the
general fund. [110.71 s. 4]
STREAMS
Sec. 66. [103G.701] [STREAM MAINTENANCE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
establish a stream maintenance program. The program must
include grants-in-aid to participating counties. [105.475 s. 2]
Subd. 2. [APPLICATION.] A county desiring to participate
in the stream maintenance program must submit an application for
the proposed work to the commissioner on forms provided by the
commissioner. Unless waived by the commissioner, the county
must submit the following information with its application:
(1) a map of the county showing the stream and the specific
reaches of the stream to be maintained;
(2) photographs showing the nature and extent of the
maintenance problem; and
(3) a resolution by the county board of commissioners
asking to participate in the program and agreeing to provide at
least 25 percent of the cost of the maintenance project.
[105.475 s. 3]
Subd. 3. [CONTRACT.] After approving a stream maintenance
project, the commissioner shall contract with the county for
performance of work necessary to do the project. The contract
may provide that the county share of the cost of the project is
paid in the form of services provided by the county. [105.475
s. 4]
Subd. 4. [ELIGIBLE PROJECTS.] The commissioner may grant
money for:
(1) cutting and removal of brush and dead or downed trees;
and
(2) removal of large rocks and other debris such as
concrete, asphalt, or scrap material. [105.475 s. 2]
Subd. 5. [GRANTS.] (a) The commissioner must apportion
grant money according to the relative severity of the
maintenance problem, the date of application for the grant, and
the availability of funds.
(b) A grant may not exceed 75 percent of the total cost of
a stream maintenance project.
(c) Money may not be disbursed for excavation, filling, or
for work performed until an application for the project is filed
with the commissioner.
(d) The stream maintenance work must be performed by the
county or under county supervision. [105.475 s. 2]
Subd. 6. [COUNTY MATCHING FUNDS.] A county may appropriate
from its general revenue fund sufficient funds to match the
grants in aid authorized in this section. [105.475 s. 5]
Sec. 67. [103G.711] [STATE'S OWNERSHIP OF BED OF NAVIGABLE
RIVER.]
The ownership of the bed and the land under the waters of
all rivers in the state that are navigable for commercial
purposes are in the state in fee simple, subject only to the
regulations made by the United States with regard to the public
navigation and commerce and the lawful use by the public while
on the waters. [465.18]
ARTICLE 8
RECODIFICATION AND
RELOCATION OF PROVISIONS RELATING TO WATER
AND CORRECTION OF CROSS-REFERENCES
Section 1. Minnesota Statutes 1988, section 9.071, is
amended to read:
9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.]
The council has the powers with respect to the:
(1) Cancellation or compromise of claims due the state
provided in sections 10.11 to 10.15;
(2) Timberlands provided in sections 90.031, 90.041,
90.151;
(3) Lands acquired from the United States provided in
section 94.50;
(4) Lands subject to delinquent drainage assessments
provided in section 84A.20;
(5) Transfer of lands between departments of state
government provided in section 15.16;
(6) Sale or exchange of lands within national forests
provided in sections 92.30 and 92.31;
(7) Approval of acquisition of land for camping or parking
area provided in sections 97A.135 and 97A.141;
(8) Modification of iron leases provided in section 93.191;
(9) Awarding permits to prospect for iron ore provided in
section 93.17;
(10) Approval of rules for issuance of permits to prospect
for minerals under state lands provided in section 93.08;
(11) Construction of dams provided in article 7, section
110.13 52.
Sec. 2. Minnesota Statutes 1988, section 16B.62,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPAL ENFORCEMENT.] The state building
code applies statewide and supersedes the building code of any
municipality. The state building code does not apply to
agricultural buildings except with respect to state inspections
required or rulemaking authorized by article 6, section 10, and
sections 104.05, 326.244, and 216C.19, subdivision 8. All
municipalities shall adopt and enforce the state building code
with respect to new construction within their respective
jurisdictions.
If a city has adopted or is enforcing the state building
code on June 3, 1977, or determines by ordinance after that date
to undertake enforcement, it shall enforce the code within the
city. A city may by ordinance extend the enforcement of the
code to contiguous unincorporated territory not more than two
miles distant from its corporate limits in any direction. Where
two or more noncontiguous cities which have elected to enforce
the code have boundaries less than four miles apart, each is
authorized to enforce the code on its side of a line equidistant
between them. Once enforcement authority is extended
extraterritorially by ordinance, the authority may continue to
be exercised in the designated territory even though another
city less than four miles distant later elects to enforce the
code. After the extension, the city may enforce the code in the
designated area to the same extent as if the property were
situated within its corporate limits.
A city which, on June 3, 1977, had not adopted the code may
not commence enforcement of the code within or outside of its
jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each
town in which it intends to enforce the code. A public hearing
on the proposed enforcement must be held not less than 30 days
after the notice has been provided. Enforcement of the code by
the city commences on the first day of January in the year
following the notice and hearing.
Municipalities may provide for the issuance of permits,
inspection, and enforcement within their jurisdictions by means
which are convenient, and lawful, including by means of
contracts with other municipalities pursuant to section 471.59,
and with qualified individuals. In areas outside of the
enforcement authority of a city, the fee charged for the
issuance of permits and inspections for single family dwellings
may not exceed the greater of $100 or .005 times the value of
the structure, addition, or alteration. The other
municipalities or qualified individuals may be reimbursed by
retention or remission of some or all of the building permit fee
collected or by other means. In areas of the state where
inspection and enforcement is unavailable from qualified
employees of municipalities, the commissioner shall train and
designate individuals available to carry out inspection and
enforcement on a fee basis.
Sec. 3. Minnesota Statutes 1988, section 18.191, is
amended to read:
18.191 [DESTRUCTION OF NOXIOUS WEEDS.]
Except as otherwise specifically provided in sections
18.181 to 18.271, 18.281 to 18.311, and 18.321 to 18.322, it
shall be the duty of every occupant of land or, if the land is
unoccupied, the owner thereof, or an agent, or the public
official in charge thereof, to cut down, otherwise destroy, or
eradicate all noxious weeds as defined in section 18.171,
subdivision 5, standing, being, or growing upon such land, in
such manner and at such times as may be directed or ordered by
the commissioner, the commissioner's authorized agents, the
county agricultural inspector, or by a local weed inspector
having jurisdiction.
Except as provided below, an owner of nonfederal lands
underlying public waters or wetlands designated under article 7,
section 105.391 13, is not required to control or eradicate
purple loosestrife (Lythrum salicaria) below the ordinary high
water level of the public water or wetland. The commissioner of
natural resources is responsible for control and eradication of
purple loosestrife on public waters and wetlands designated
under article 7, section 105.391 13, except those located upon
lands owned in fee title or managed by the United States. The
officers, employees, agents, and contractors of the commissioner
may enter upon public waters and wetlands designated
under article 7, section 105.391 13, and may cross adjacent
lands as necessary for the purpose of investigating purple
loosestrife infestations, formulating methods of eradication,
and implementing control and eradication of purple loosestrife.
The responsibility of the commissioner to control and eradicate
purple loosestrife on public waters and wetlands located on
private lands and the authority to enter upon private lands ends
ten days after receipt by the commissioner of a written
statement from the landowner that the landowner assumes all
responsibility for control and eradication of purple loosestrife
under sections 18.171 to 18.315. State officers, employees,
agents, and contractors are not liable in a civil action for
trespass committed in the discharge of their duties under this
section and are not liable to anyone for damages, except for
damages arising from gross negligence.
Sec. 4. Minnesota Statutes 1989 Supplement, section
18B.07, subdivision 6, is amended to read:
Subd. 6. [USE OF PUBLIC WATERS FOR FILLING EQUIPMENT.] (a)
A person may not fill pesticide application equipment directly
from public or other waters of the state, as defined in article
7, section 105.37 2, subdivision 14 15, unless the equipment
contains proper and functioning anti-backsiphoning mechanisms.
The person may not introduce pesticides into the application
equipment until after filling the equipment from the public
waters.
(b) This subdivision does not apply to permitted
applications of aquatic pesticides to public waters.
Sec. 5. Minnesota Statutes 1988, section 40A.13,
subdivision 1, is amended to read:
Subdivision 1. [CONSERVATION PRACTICES TO PREVENT SOIL
LOSS REQUIRED.] An owner of agricultural land in an exclusive
agricultural use zone shall manage the land with sound soil
conservation practices that prevent excessive soil loss
according to the model ordinance adopted by the commissioner.
The model ordinance and article 6, sections 40.19 to 40.28 57 to
68, and sections adopted under chapter 40 relating to soil loss
apply to all land in an exclusive agricultural zone. A sound
soil conservation practice prevents excessive soil loss or
reduces soil loss to the most practicable extent.
Sec. 6. Minnesota Statutes 1988, section 41.65,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTED AGRICULTURAL USE.] (a) Acquired
property that has marginal land as defined in article 6, section
40.42 72, subdivision 6, or wetlands must be restricted from
agricultural use on the marginal land or wetlands.
(b) If the commissioner determines that all or a portion of
acquired property should be taken out of agricultural use or
particular agricultural uses should be restricted, the
commissioner shall have the attorney general prepare an easement
restricting the agricultural use and file the easement with the
county recorder where the property is located.
Sec. 7. [83A.05] [CHANGING AND GIVING NAMES TO WATER
BODIES.]
Subdivision 1. [APPLICABILITY] A name of a lake, river,
stream, or other body of water may be given or changed under
sections 7 to 9 except that a name which has existed for 40
years may not be changed under the provisions of sections 7 to
9. [378.01]
Subd. 2. [PETITION FOR NAME.] (a) 15 or more legal voters
residing in a county where all or a part of a body of water is
located may petition the county board of the county where the
petitioners reside or the body of water is located to change the
name of or give a name to a previously unnamed lake, river,
stream, or other body of water located within the state.
[378.01]
(b) The petition may include any number of lakes, rivers,
streams, or other bodies of water to have names changed, or if
unnamed to be given a name by the county board. [378.02]
(c) The petition must describe:
(1) the location of the body of water;
(2) the name, if any, that the body of water has been
referred to or known by, or if there is not a name, it must be
stated that a known name does not exist;
(3) the name that the petitioners desire to be given to the
body of water; and
(4) the reason for the change of name or for giving the
designated name to a previously unnamed body of water. [378.01]
(d) The petitioners must sign their names and state their
place of residence. [378.01]
(e) The petition must be filed with the auditor of the
county where the petitioners reside or the body of water is
located. [378.02]
Sec. 8. [83A.06] [HEARING ON PETITION.]
Subdivision 1. [TIME AND LOCATION.] After receiving the
petition to name a body of water, the auditor must present the
petition to the county board. The county board must, by order,
set the time and location for a hearing on the petition to be
held more than 30 days after the order is made. The hearing may
be held at any convenient place within the county as determined
by the county board. [378.03]
Subd. 2. [WATER BODY IN MORE THAN ONE COUNTY.] (a) If the
petition describes a body of water located within more than one
county, the county boards of the several affected counties must
act jointly and as one body and the majority of the joint body
must determine the name of the water body under sections 7 to 9
in the same manner as prescribed for the county board.
(b) For a water body located within more than one county,
the county auditor with whom the petition is filed must forward
by mail a certified copy of the petition to the auditor of each
affected county who shall present the petition to the respective
county boards, and the notice of hearing the petition determined
by the joint body shall be published in each county as provided
in subdivision 4.
(c) The auditor of the county where the petition was filed
must make and file certified copies of the adopted resolution in
the office of the county recorder of each affected county at the
expense of the petitioners. [378.04]
Subd. 3. [PETITIONERS' BOND.] Before the notice of the
hearing is given, the petitioners must give a bond to be
approved by the county attorney of the county where the petition
has been filed that is conditioned on the full payment of the
reasonable expenses incurred by the county for the proceeding.
The commissioner of natural resources is not required to give
bond. [378.06]
Subd. 4. [NOTICE.] Notice of the hearing must be:
(1) published for at least three weeks in the newspaper
designated by the county board as the official newspaper for the
county; [378.02]
(2) served on the commissioner of natural resources; and
[378.03]
(3) served personally on the chair of the town board of a
town, on the president of a statutory city board of trustees,
and on the mayor of a city that has a body of water in the
petition within or adjoining the boundary of the political
subdivision. [378.03]
Subd. 5. [STATEMENTS AT HEARING.] At the hearing, legal
voters of the county and municipalities may appear, by attorney
or in person, and file an answer to the petition, stating in
plain concise language why the petition should not be granted in
whole or in part, and in the answer may ask the county board to
give to the body of water a different name than the name
requested in the original petition. [378.02]
Subd. 6. [DETERMINATION.] At the hearing on the petition,
the county board shall hear all parties desiring to be heard on
the petition and make an order, by resolution, determining the
name of the body of water described in the petition. The name
determined by the board at the hearing is the legal name of the
body of water. [378.04]
Sec. 9. [83A.07] [NAMES NOT TO BE DUPLICATED.]
Subdivision 1. [DUPLICATE DISCOURAGED.] In determining the
name of a body of water, the county board may not, if possible,
duplicate names of existing bodies of water. The county board
shall select and approve a name as it determines is in the
permanent, best interests of the affected county. [378.05]
Subd. 2. [DIRECTOR TO CHECK NAME DUPLICATION.] The auditor
of the county where a petition is filed must mail a copy of the
petition with a copy of the notice of hearing on the petition to
the director of the division of waters of the department of
natural resources. The director must compare the names
suggested in the petition with the names of other bodies of
water within the state and report findings and recommendations
back to the auditor before the date of the hearing. [378.05]
Sec. 10. Minnesota Statutes 1988, section 84.083, is
amended by adding a subdivision to read:
Subd. 3. [PURCHASING.] The director of the division of
waters may purchase technical and scientific equipment needed
for the functions and duties of the director's office. [105.40
s. 9]
Sec. 11. Minnesota Statutes 1988, section 84.083, is
amended by adding a subdivision to read:
Subd. 4. [APPROPRIATIONS AVAILABLE.] Money appropriated to
the commissioner of natural resources for the division of waters
or its director, to conduct hydrologic studies, remains
available until spent. [105.40 s. 12]
Sec. 12. Minnesota Statutes 1988, section 84.91,
subdivision 4, is amended to read:
Subd. 4. [EVIDENCE.] In a prosecution for a violation of
subdivision 1, paragraph (a), the admission of evidence of the
amount of alcohol or a controlled substance in the person's
blood, breath, or urine, is governed by article 9, section
361.12 18, subdivision 4.
Sec. 13. Minnesota Statutes 1988, section 84.911,
subdivision 5, is amended to read:
Subd. 5. [CHEMICAL TESTS.] Chemical tests administered
under this section are governed by article 9, section 361.121
19, subdivisions 5, 6, and 7 8, 9, and 10.
Sec. 14. Minnesota Statutes 1988, section 84.911,
subdivision 6, is amended to read:
Subd. 6. [JUDICIAL AND ADMINISTRATIVE REVIEW;
ENFORCEMENT.] Judicial and administrative review of sanctions
imposed under this section is governed by article 9, section
361.121, subdivision 2a, 2b, and 2c 19, subdivisions 3, 4, and 5.
Payment and enforcement of the civil penalty imposed under this
section is governed by article 9, section 361.121 19,
subdivisions 8 and 9 11 and 12.
Sec. 15. Minnesota Statutes 1989 Supplement, section
84.95, subdivision 2, is amended to read:
Subd. 2. [PURPOSES AND EXPENDITURES.] Money from the
reinvest in Minnesota resources fund may only be spent for the
following fish and wildlife conservation enhancement purposes:
(1) development and implementation of the comprehensive
fish and wildlife management plan under section 84.942;
(2) implementation of the conservation reserve program
established by article 6, section 40.43 73;
(3) soil and water conservation practices to improve water
quality, reduce soil erosion and crop surpluses;
(4) enhancement of fish and wildlife habitat on lakes,
streams, wetlands, and public and private forest lands;
(5) acquisition and development of public access sites and
recreation easements to lakes, streams, and rivers for fish and
wildlife oriented recreation;
(6) matching funds with government agencies, federally
recognized Indian tribes and bands, and the private sector for
acquisition and improvement of fish and wildlife habitat;
(7) research and surveys of fish and wildlife species and
habitat;
(8) enforcement of natural resource laws and rules;
(9) information and education;
(10) implementing the aspen recycling program under section
88.80 and for other forest wildlife management projects; and
(11) necessary support services to carry out these purposes.
Sec. 16. Minnesota Statutes 1988, section 85.33,
subdivision 3, is amended to read:
Subd. 3. [RULES BELOW THE MOUTH OF THE SNAKE RIVER.] After
October 1, 1974, if the commissioner of natural resources has
not established rules relating to the use of watercraft on that
part of the St. Croix river south of the mouth of the Snake
river but north of the nine foot navigational channel at mile
24.5, measured from the mouth of the St. Croix river, pursuant
to the request of a local governmental unit in the manner
provided by article 9, section 361.26 10, subdivision 9, the
commissioner may establish such rules pursuant to article 9,
section 361.26 10, subdivision 9, notwithstanding the absence of
a request from a local governmental unit and notwithstanding the
absence of approval of the rules by a majority of the counties
affected.
Sec. 17. Minnesota Statutes 1988, section 86A.05,
subdivision 10, is amended to read:
Subd. 10. [STATE WILD, SCENIC, AND RECREATIONAL RIVERS;
PURPOSE; RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION;
DESIGNATION.] (a) State wild, scenic, and recreational rivers
shall be established to protect and maintain the natural
characteristics of all or a portion of a river or stream, or its
tributaries, or lake through which the river or stream flows
which together with adjacent lands possesses outstanding scenic,
scientific, historical, or recreational value, as provided by
article 6, sections 104.31 to 104.40 30 to 39.
(b) State wild, scenic, and recreational rivers shall be
administered by the commissioner of natural resources in a
manner which is consistent with the purposes of this subdivision
and article 6, sections 104.31 to 104.40 30 to 39.
Sec. 18. Minnesota Statutes 1988, section 88.43,
subdivision 2, is amended to read:
Subd. 2. [BENEFITS; ASSESSMENT; LIEN.] If any clearing or
other improvement of land made by any town or city benefits any
person, or benefits some and damages others, then the amount of
both such benefits and damages shall be ascertained in the same
manner as provided by law with respect to damages in
condemnation proceedings by right of eminent domain. All
provisions of law relating to the determination of the amount of
damages in condemnation proceedings shall apply to the
determination of the value of benefits under this section, as
far as practicable. Any benefits so found shall be assessed
against, and be a lien upon, the real property so benefited and
shall be noted upon the public records and collected upon the
same terms and in substantially the same manner as now provided
by law for the collection of ditch and drainage assessments
pursuant to sections 106A.005 to 106A.811 chapter 103E.
Sec. 19. Minnesota Statutes 1988, section 93.335,
subdivision 1, is amended to read:
Subdivision 1. [LAND GROUPED INTO MINING UNITS; LEASES.]
Lands or minerals and mineral rights, including fractional
undivided interests therein, becoming the absolute property of
the state under the tax laws, may be grouped into mining units,
permits to prospect for iron ore thereon shall be awarded, and
mining leases thereon issued as provided by sections 93.14 to
93.33, and, except as otherwise specifically provided herein,
all the terms, conditions and provisions of such sections shall
be applicable thereto, regardless of whether or not such lands
or minerals and mineral rights are held in trust for taxing
districts. Leases issued hereunder shall be in the form
provided by law, with only such changes as the commissioner of
natural resources shall find necessary to indicate the specific
interest covered by the lease and the proportion of the
stipulated royalty or rental payable under subdivision 2 or
otherwise to conform with the provisions hereof. In case the
state owns such a fractional undivided interest and the
remaining undivided interest in the property is owned or held
under lease for mining purposes by another, the commissioner of
natural resources, with the approval of the executive council,
upon application of such owner or lessee, without public sale
and without prior issuance of a prospecting permit, may enter
into a mining lease with such owner or lessee covering the
state's interest under the following terms and conditions:
(1) The application shall be in such form and shall contain
such information as the commissioner shall prescribe;
(2) Where any of the ore to be mined under such lease lies
within the bed of a public lake or stream, the lessee shall
obtain an appropriate permit from the commissioner, pursuant to
section 105.42 and other applicable laws;
(3) The lease shall be in the form herein prescribed,
except that it may provide for the payment of rental and royalty
at such rates as may be agreed upon between the parties and may
contain such additional appropriate provisions, not inconsistent
with law, as may be agreed upon in furtherance of the mutual
interests of the parties; provided, that the rental and royalty
rates for iron ore shall not be less than the applicable minimum
rates prescribed in section 93.20.
Sec. 20. Minnesota Statutes 1988, section 94.343,
subdivision 4, is amended to read:
Subd. 4. There shall be reserved to the state in all Class
A land conveyed in exchange all mineral and water power rights
and such other rights and easements as the commissioner, with
the approval of the board, shall direct. All Class A land which
at the time of exchange is subject to the provisions of article
7, section 110.13 52, shall remain subject thereto as a
condition of the exchange, and all land received by the state in
exchange for Class A land within the area to which those
provisions apply shall become subject thereto. Land may be
received in exchange subject to any mineral reservations or
other reservations thereon. All such reservations and
conditions shall be taken into consideration in determining the
value of the lands exchanged.
Sec. 21. Minnesota Statutes 1988, section 97A.015,
subdivision 41, is amended to read:
Subd. 41. [PUBLIC WATERS.] "Public waters" means waters
defined in article 7, section 105.37 2, subdivision 14 15.
Sec. 22. Minnesota Statutes 1988, section 97A.071,
subdivision 4, is amended to read:
Subd. 4. [ASSESSMENTS TO BE PAID FROM FUND.] An assessment
against the state under article 5, section 106A.015, subdivision
2, 106A.025, or 106A.615 5 or 80, on lands acquired for wildlife
habitat shall be paid from the wildlife acquisition account.
Sec. 23. Minnesota Statutes 1988, section 97A.101,
subdivision 2, is amended to read:
Subd. 2. [MANAGEMENT DESIGNATION.] (a) The commissioner
may designate, reserve, and manage public waters for wildlife
after giving notice and holding a public hearing. The hearing
must be held in the county where the major portion of the waters
are located. Notice of the hearing must be published in a legal
newspaper within each county where the waters are located at
least seven days before the hearing.
(b) The commissioner may contract with riparian owners for
water projects under article 7, section 105.39 7, subdivision 5
3, and may acquire land, accept local funding, and construct,
maintain, and operate structures to control water levels
under article 7, section 105.48 44 to manage designated waters.
Sec. 24. Minnesota Statutes 1988, section 97A.211,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE TO APPEAR IN COURT.] (a) A person
must be given notice to appear in court for a misdemeanor
violation of the game and fish laws, chapter 84, 105, or 106A,
or section 609.68 or article 5, article 6, sections 25 to 29 or
section 79, or article 7, if:
(1) the person is arrested and is released from custody
prior to appearing before a court; or
(2) the person is subject to a lawful arrest and is not
arrested because it reasonably appears to the enforcement
officer that arrest is unnecessary to prevent further criminal
conduct and that there is a substantial likelihood that the
person will respond to a notice.
(b) The enforcement officer shall prepare, in
quadruplicate, a written notice to appear in court. The notice
must be in the form and has the effect of a summons and
complaint. The notice must contain the name and address of the
person charged, the offense, and the time and the place to
appear in court. The court must have jurisdiction within the
county where the offense is alleged to have been committed.
Sec. 25. Minnesota Statutes 1988, section 97A.211,
subdivision 2, is amended to read:
Subd. 2. [RELEASE AFTER ARREST.] A person arrested for a
misdemeanor violation of the game and fish laws, chapter 84,
105, or 106A or section 609.68 or article 5, article 6, sections
25 to 29 or section 79, or article 7, may obtain release by
signing the written notice prepared by the arresting officer
promising to appear in court. The officer shall deliver a copy
marked "SUMMONS" to the person arrested. The officer must then
release the person from custody.
Sec. 26. [97C.077] [FISH SCREENS IN LAKES.]
Subdivision 1. [LAKE IN ONE COUNTY.] If all or a major
part of a navigable lake is located within a single county and
has been stocked with fish by the United States government, the
county board in order to maintain fish in the lake and prevent
their escape from the lake may erect and maintain screens at the
inlets and outlets of the lake. The county board may
appropriate from the county treasury money for the erection and
maintenance of the screens. [378.09]
Subd. 2. [LAKE IN MORE THAN ONE COUNTY.] If a lake is
located in more than one county, the county boards of the
affected counties may jointly provide for the erection and
maintenance of screens. The expense of the screens and
maintenance must be paid equally between the counties, and the
county boards must appropriate money from the county treasury of
their respective counties to pay the expenses of the screens and
maintenance. [378.09]
Sec. 27. Minnesota Statutes 1988, section 116D.04,
subdivision 1a, is amended to read:
Subd. 1a. For the purposes of sections 116D.01 to 116D.07,
the following terms have the meanings given to them in this
subdivision.
(a) "Natural resources" has the meaning given it in section
116B.02, subdivision 4.
(b) "Pollution, impairment or destruction" has the meaning
given it in section 116B.02, subdivision 5.
(c) "Environmental assessment worksheet" means a brief
document which is designed to set out the basic facts necessary
to determine whether an environmental impact statement is
required for a proposed action.
(d) "Governmental action" means activities, including
projects wholly or partially conducted, permitted, assisted,
financed, regulated or approved by units of government including
the federal government.
(e) "Governmental unit" means any state agency and any
general or special purpose unit of government in the state
including, but not limited to, watershed districts organized
under chapter 112 article 4, counties, towns, cities, port
authorities, housing authorities, and economic development
authorities established under sections 458C.01 to 458C.23, but
not including courts, school districts and regional development
commissions other than the metropolitan council.
Sec. 28. Minnesota Statutes 1988, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) Any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) Any license issued by a county, home rule charter city,
statutory city, township or other political subdivision;
(3) Any license required to practice the following
occupation regulated by the following sections:
(a) Abstracters regulated pursuant to chapter 386;
(b) Accountants regulated pursuant to chapter 326;
(c) Adjusters regulated pursuant to chapter 72B;
(d) Architects regulated pursuant to chapter 326;
(e) Assessors regulated pursuant to chapter 270;
(f) Attorneys regulated pursuant to chapter 481;
(g) Auctioneers regulated pursuant to chapter 330;
(h) Barbers regulated pursuant to chapter 154;
(i) Beauticians regulated pursuant to chapter 155A;
(j) Boiler operators regulated pursuant to chapter 183;
(k) Chiropractors regulated pursuant to chapter 148;
(l) Collection agencies regulated pursuant to chapter 332;
(m) Cosmetologists regulated pursuant to chapter 155A;
(n) Dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(o) Detectives regulated pursuant to chapter 326;
(p) Electricians regulated pursuant to chapter 326;
(q) Embalmers regulated pursuant to chapter 149;
(r) Engineers regulated pursuant to chapter 326;
(s) Insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) Midwives regulated pursuant to chapter 148;
(u) Morticians regulated pursuant to chapter 149;
(v) Nursing home administrators regulated pursuant to
chapter 144A;
(w) Optometrists regulated pursuant to chapter 148;
(x) Osteopathic physicians regulated pursuant to chapter
147;
(y) Pharmacists regulated pursuant to chapter 151;
(z) Physical therapists regulated pursuant to chapter 148;
(aa) Physicians and surgeons regulated pursuant to chapter
147;
(bb) Plumbers regulated pursuant to chapter 326;
(cc) Podiatrists regulated pursuant to chapter 153;
(dd) Practical nurses regulated pursuant to chapter 148;
(ee) Professional fundraisers regulated pursuant to chapter
309;
(ff) Psychologists regulated pursuant to chapter 148;
(gg) Real estate brokers, salespersons and others regulated
pursuant to chapters 82 and 83;
(hh) Registered nurses regulated pursuant to chapter 148;
(ii) Securities brokers, dealers, agents and investment
advisers regulated pursuant to chapter 80A;
(jj) Steamfitters regulated pursuant to chapter 326;
(kk) Teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) Veterinarians regulated pursuant to chapter 156;
(mm) Watchmakers regulated pursuant to chapter 326;
(nn) Water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) Water well contractors regulated pursuant to chapter
156A;
(pp) Water and waste treatment operators regulated pursuant
to chapter 115;
(qq) Motor carriers regulated pursuant to chapter 221;
(rr) Professional corporations regulated pursuant to
chapter 319A;
(4) Any driver's license required pursuant to chapter 171;
(5) Any aircraft license required pursuant to chapter 360;
(6) Any watercraft license required pursuant to chapter 361
article 9;
(7) Any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) Any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 29. Minnesota Statutes 1988, section 144.95,
subdivision 4, is amended to read:
Subd. 4. [RESEARCH TRIALS.] Research trials of mosquito
management methods and materials are subject to the following
laws and rules unless a specific written exemption, license, or
waiver is granted; sections 84.0895, 84.092, 97A.045,
subdivision 1, 105.38, 105.41, and 105.463; article 1, section
2; article 7, sections 24 and sections 28 to 30; and Minnesota
Rules, chapters 1505, 6115, 6120, 6134, and 6140.
Sec. 30. Minnesota Statutes 1988, section 161.28,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Upon the filing of a petition
by the commissioner with the appropriate county auditor setting
forth that it would be advantageous or desirable in the
construction or maintenance of a trunk highway to make a minor
alteration or change in a public drainage system directly
affecting a trunk highway and that the alteration or change will
not affect the functioning or efficiency of the public drainage
system, the auditor shall fix a time and place for hearing and
give notice of the hearing by publication, as defined in article
5, section 106A.325 54. Upon the filing of the petition the
commissioner shall also file a plan showing in detail the
alteration or change petitioned for. If upon the hearing it
appears to the county board or joint county ditch authority that
the alteration or change in the public drainage system will not
affect or impair the efficiency of the drainage system, the
board or authority shall make its order allowing the
commissioner to make the alteration or change petitioned for.
Upon the making of the order by the county board or the joint
county ditch authority, the commissioner may proceed at the sole
cost and expense of the state to make the alterations or changes
as may be in the order allowed, damages, if any, for any
additional lands necessary for the change or alteration being
first duly paid or secured. Upon completion of the alteration
or change the commissioner shall file with the appropriate
auditor a map drawn to scale showing the change or alteration
made and shall also file a profile of all lines of the
alteration or change in the ditch showing graphically the
elevation of the ground and gradient, whether open or tiled, the
size of tile, and the bottom width and side slope of open ditch
sections, and such other information as may appear necessary for
understanding. Upon the completion of the alteration or change
herein provided for, the ditch shall thereafter include such
alteration or change as a part of it with the same force and
effect as though it had been originally so constructed and
established.
Sec. 31. Minnesota Statutes 1988, section 163.17, is
amended to read:
163.17 [DRAINAGE SYSTEMS AFFECTING HIGHWAYS; ALTERATIONS.]
Upon the filing of a resolution by the county board of any
county with the county auditor, in the case of a public ditch
system lying wholly within a county, or with the court
administrator of the district court having jurisdiction over
said ditch in the case of a ditch system affecting two or more
counties, therein setting forth that it would be advantageous or
desirable in the construction or maintenance of a highway under
the jurisdiction of the county to make a minor alteration or
change in a public ditch system directly affecting the highway,
and that the alteration or change will not affect the
functioning or efficiency of the ditch system, it shall be the
duty of the auditor, or the clerk with the approval of the
judge, to fix a time and place for hearing thereon and to give
notice of hearing by publication as defined by article 5,
section 106A.005 1, subdivision 21 24. Upon the filing of the
resolution, the board shall also cause to be filed a plan
showing in detail the alteration or change therein described.
If upon the hearing it shall appear to the county board or
district court that the alteration or change in the public ditch
system will not affect or impair the efficiency of the ditch
system, the board or court shall make its order authorizing the
county to cause the alteration or change to be made. Upon the
making of the order by the county board or the court, the county
board may proceed at the sole cost and expense of the county to
make the alterations or changes as may be in the order allowed;
damages, if any, occasioned thereby being first duly paid or
secured by the county. Upon completion of the alteration or
change, the county board shall cause to be filed with the
auditor or court administrator, a map and profile drawn to scale
showing thereon the change or alteration made. If the map and
profile be filed with the court administrator, duplicates
thereof shall also be filed with the auditor of each county
affected. Upon the completion of the alteration or change
herein provided for, the ditch shall thereafter include the
alteration or change as part thereof with the same force and
effect as though it had been originally so constructed and
established.
Sec. 32. Minnesota Statutes Second 1989 Supplement,
section 272.02, subdivision 1, is amended to read:
Subdivision 1. All property described in this section to
the extent herein limited shall be exempt from taxation:
(1) all public burying grounds;
(2) all public schoolhouses;
(3) all public hospitals;
(4) all academies, colleges, and universities, and all
seminaries of learning;
(5) all churches, church property, and houses of worship;
(6) institutions of purely public charity except parcels of
property containing structures and the structures described in
section 273.13, subdivision 25, paragraph (c), clauses (1), (2),
and (3), or paragraph (d);
(7) all public property exclusively used for any public
purpose;
(8) except for the taxable personal property enumerated
below, all personal property and the property described in
section 272.03, subdivision 1, paragraphs (c) and (d), shall be
exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric
generating, transmission, or distribution system or a pipeline
system transporting or distributing water, gas, crude oil, or
petroleum products or mains and pipes used in the distribution
of steam or hot or chilled water for heating or cooling
buildings and structures;
(b) railroad docks and wharves which are part of the
operating property of a railroad company as defined in section
270.80;
(c) personal property defined in section 272.03,
subdivision 2, clause (3);
(d) leasehold or other personal property interests which
are taxed pursuant to section 272.01, subdivision 2; 273.124,
subdivision 7; or 273.19, subdivision 1; or any other law
providing the property is taxable as if the lessee or user were
the fee owner;
(e) manufactured homes and sectional structures; and
(f) flight property as defined in section 270.071.
(9) Personal property used primarily for the abatement and
control of air, water, or land pollution to the extent that it
is so used, and real property which is used primarily for
abatement and control of air, water, or land pollution as part
of an agricultural operation or as part of an electric
generation system. For purposes of this clause, personal
property includes ponderous machinery and equipment used in a
business or production activity that at common law is considered
real property.
Any taxpayer requesting exemption of all or a portion of
any equipment or device, or part thereof, operated primarily for
the control or abatement of air or water pollution shall file an
application with the commissioner of revenue. The equipment or
device shall meet standards, rules, or criteria prescribed by
the Minnesota pollution control agency, and must be installed or
operated in accordance with a permit or order issued by that
agency. The Minnesota pollution control agency shall upon
request of the commissioner furnish information or advice to the
commissioner. On determining that property qualifies for
exemption, the commissioner shall issue an order exempting the
property from taxation. The equipment or device shall continue
to be exempt from taxation as long as the permit issued by the
Minnesota pollution control agency remains in effect.
(10) Wetlands. For purposes of this subdivision,
"wetlands" means (1) land described in article 7, section 105.37
2, subdivision 15 18, or (2) land which is mostly under water,
produces little if any income, and has no use except for
wildlife or water conservation purposes, provided it is
preserved in its natural condition and drainage of it would be
legal, feasible, and economically practical for the production
of livestock, dairy animals, poultry, fruit, vegetables, forage
and grains, except wild rice. "Wetlands" shall include adjacent
land which is not suitable for agricultural purposes due to the
presence of the wetlands. "Wetlands" shall not include woody
swamps containing shrubs or trees, wet meadows, meandered water,
streams, rivers, and floodplains or river bottoms. Exemption of
wetlands from taxation pursuant to this section shall not grant
the public any additional or greater right of access to the
wetlands or diminish any right of ownership to the wetlands.
(11) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause. Upon receipt of an
application for the exemption provided in this clause for lands
for which the assessor has no determination from the
commissioner of natural resources, the assessor shall refer the
application to the commissioner of natural resources who shall
determine within 30 days whether the land is native prairie and
notify the county assessor of the decision. Exemption of native
prairie pursuant to this clause shall not grant the public any
additional or greater right of access to the native prairie or
diminish any right of ownership to it.
(12) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31,
1986, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(13) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility, or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(14) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of article 7,
section 105.482, subdivisions 1, 8, and 9 50.
(15) If approved by the governing body of the municipality
in which the property is located, and if construction is
commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by
a corporation licensed by the federal communications commission
to provide direct satellite broadcasting services using direct
broadcast satellites operating in the 12-ghz. band; and
(b) a "fixed satellite regional or national program service
facility" operated by a corporation licensed by the federal
communications commission to provide fixed satellite-transmitted
regularly scheduled broadcasting services using satellites
operating in the 6-ghz. band.
An exemption provided by clause (15) shall apply for a period
not to exceed five years. When the facility no longer qualifies
for exemption, it shall be placed on the assessment rolls as
provided in subdivision 4. Before approving a tax exemption
pursuant to this paragraph, the governing body of the
municipality shall provide an opportunity to the members of the
county board of commissioners of the county in which the
facility is proposed to be located and the members of the school
board of the school district in which the facility is proposed
to be located to meet with the governing body. The governing
body shall present to the members of those boards its estimate
of the fiscal impact of the proposed property tax exemption.
The tax exemption shall not be approved by the governing body
until the county board of commissioners has presented its
written comment on the proposal to the governing body, or 30
days has passed from the date of the transmittal by the
governing body to the board of the information on the fiscal
impact, whichever occurs first.
(16) Real and personal property owned and operated by a
private, nonprofit corporation exempt from federal income
taxation pursuant to United States Code, title 26, section
501(c)(3), primarily used in the generation and distribution of
hot water for heating buildings and structures.
(17) Notwithstanding section 273.19, state lands that are
leased from the department of natural resources under section
92.46.
(18) Electric power distribution lines and their
attachments and appurtenances, that are used primarily for
supplying electricity to farmers at retail.
(19) Transitional housing facilities. "Transitional
housing facility" means a facility that meets the following
requirements. (i) It provides temporary housing to parents and
children who are receiving AFDC or parents of children who are
temporarily in foster care. (ii) It has the purpose of
reuniting families and enabling parents to obtain
self-sufficiency, advance their education, get job training, or
become employed in jobs that provide a living wage. (iii) It
provides support services such as child care, work readiness
training, and career development counseling; and a
self-sufficiency program with periodic monitoring of each
resident's progress in completing the program's goals. (iv) It
provides services to a resident of the facility for at least six
months but no longer than three years, except residents enrolled
in an educational or vocational institution or job training
program. These residents may receive services during the time
they are enrolled but in no event longer than four years. (v)
It is sponsored by an organization that has received a grant
under either section 256.7365 for the biennium ending June 30,
1989, or section 462A.07, subdivision 15, for the biennium
ending June 30, 1991, for the purposes of providing the services
in items (i) to (iv). (vi) It is sponsored by an organization
that is exempt from federal income tax under section 501(c)(3)
of the Internal Revenue Code of 1986, as amended through
December 31, 1987. This exemption applies notwithstanding the
fact that the sponsoring organization receives financing by a
direct federal loan or federally insured loan or a loan made by
the Minnesota housing finance agency under the provisions of
either Title II of the National Housing Act or the Minnesota
housing finance agency law of 1971 or rules promulgated by the
agency pursuant to it, and notwithstanding the fact that the
sponsoring organization receives funding under Section 8 of the
United States Housing Act of 1937, as amended.
Sec. 33. Minnesota Statutes 1988, section 272.02,
subdivision 6, is amended to read:
Subd. 6. Notwithstanding the provisions of subdivision 5,
real and personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power and leased
from the state or a local governmental unit pursuant to article
7, section 105.482, subdivisions 1, 8, and 9 50, may be exempt
from taxation or payments in lieu of taxes.
The exemption from taxation or payments in lieu of taxes
provided by this subdivision does not apply to hydroelectric or
hydromechanical facilities operated at any time between January
1, 1980 and January 1, 1984.
Sec. 34. Minnesota Statutes 1988, section 273.19,
subdivision 5, is amended to read:
Subd. 5. Notwithstanding the provisions of subdivision 4,
real and personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power and leased
from the state or a local governmental unit pursuant to article
7, section 105.482, subdivisions 1, 8, and 9 50, may be exempt
from taxation or payments in lieu of taxes.
The exemption from taxation or payments in lieu of taxes
provided by this subdivision does not apply to hydroelectric or
hydromechanical facilities operated at any time between January
1, 1980 and January 1, 1984.
Sec. 35. Minnesota Statutes 1988, section 295.44,
subdivision 1, is amended to read:
Subdivision 1. [EXEMPTION.] Notwithstanding the provisions
of sections 272.01, subdivision 2, 272.02, subdivision 5, and
273.19, subdivision 1, real or personal property used or to be
used primarily for the production of hydroelectric or
hydromechanical power on a site owned by the state or a local
governmental unit and developed and operated pursuant to article
7, section 105.482, subdivisions 1, 8 and 9 50, may be exempt
from property taxation for all years during which the site is
developed and operated under the terms of a lease or agreement
authorized by article 7, section 105.482, subdivisions 1, 8, and
9 50.
Sec. 36. Minnesota Statutes 1988, section 355.11,
subdivision 4, is amended to read:
Subd. 4. "Employee" means any employee, other than elected
officials, of municipal housing and redevelopment authorities or
of any soil and water conservation district organized pursuant
to chapter 40 article 3, or any port authority organized
pursuant to chapter 458, or any hospital district organized or
reorganized pursuant to sections 447.31 to 447.37.
Sec. 37. Minnesota Statutes 1988, section 355.11,
subdivision 5, is amended to read:
Subd. 5. "Employing unit" means any municipal housing and
redevelopment authorities organized pursuant to sections 469.001
to 469.047 and any soil and water conservation district
organized pursuant to chapter 40 article 3 or any port authority
organized pursuant to sections 469.048 to 469.068, or any
economic development authority organized pursuant to sections
469.090 to 469.108, or any hospital district organized or
reorganized pursuant to sections 447.31 to 447.37.
Sec. 38. Minnesota Statutes 1989 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$55, except that in an action for marriage dissolution, the fee
is $75.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $55, except that in an action for marriage
dissolution, the fee for the respondent is $75.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under sections 106A.005 to 106A.811 chapter
103E, except the provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding $5, plus 25 cents per page after the first
page and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $5.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $5.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $1 for each name certified to and $3 for
each judgment certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) All other services required by law for which no fee is
provided such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 39. Minnesota Statutes 1988, section 375.471, is
amended to read:
375.471 [LAND CONSERVATION AND UTILIZATION; FEDERAL AID.]
The county boards of the several counties which have been
designated as a resource conservation and development project
area under United States Code, title 7, section 1011(e) and acts
amendatory thereof, may enter into agreements as necessary with
the secretary of agriculture of the United States and other
agencies of the federal government for the program of land
conservation and land utilization authorized by United States
Code, title 7, section 1010 and acts amendatory thereof, to
accept assistance for the program under United States Code,
title 7, section 1011 and acts amendatory thereof, to engage in
works of improvement as necessary for the purpose of the acts
and to cooperate with the secretary of agriculture and federal
agencies so that residents of this state obtain the benefits and
advantages available to them and intended by congress to be
available by the acts. The county boards shall comply with the
requirements of federal law and any rules and regulations
promulgated under it and with appropriate state laws to
accomplish the purposes intended by this section. If a
proceeding is instituted by petition for an improvement under
this section, it may be conducted by a board in the same manner
provided for the establishment of a drainage system under
sections 106A.005 to 106A.811 chapter 103E. A majority of the
landowners as defined in article 5, section 106A.201 28,
subdivision 3 2, shall be required for a valid petition. They
may also proceed under authority provided by other law.
Sec. 40. Minnesota Statutes 1988, section 383A.602,
subdivision 3, is amended to read:
Subd. 3. [DISTRICT.] "District" means the soil and water
conservation district operating under chapter 40 article 3.
Sec. 41. Minnesota Statutes 1988, section 383A.602,
subdivision 5, is amended to read:
Subd. 5. [ORGANIZATION.] "Organization" means a watershed
management organization as defined in article 2, section 473.876
6, that has more than 25 percent of its area within Ramsey
county.
Sec. 42. Minnesota Statutes 1988, section 383A.604,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION.] Each organization must, within
one year after the adoption of the district program under
section 383A.603, develop and adopt an organization soil erosion
and sediment control program, as part of its watershed plan
under article 2, section 473.878 11. The organization program
must be consistent with the district program and must be
submitted to the district for approval or disapproval. Upon
written request of an organization, the district shall assist in
the preparation of the organization program. The organization
may choose to implement the program throughout its area of
jurisdiction or only within the territory of the district.
Sec. 43. [383B.78] [BATHING BEACHES.]
Subdivision 1. [BATHING BEACH DEFINITION.] For purposes of
this section, a public bathing beach means public land, roads,
and highways adjoining public waters that have been or may be
used for bathing or swimming, and privately owned places that
the public is allowed to frequent or use for bathing. [378.20
s. 1]
Subd. 2. [UNLAWFUL TO BATHE AT PUBLIC BEACHES AT CERTAIN
TIMES.] In counties that have a population of 450,000 or more, a
person may not frequent, swim, bathe, or congregate at a public
bathing beach or public waters adjacent to a public bathing
beach for the purpose of swimming or bathing, or congregating
with others, from 10:30 p.m. to 5:00 a.m. of the next day.
[378.20 s. 2]
Subd. 3. [REGULATORY ORDINANCES.] (a) The governing bodies
of counties having a population of more than 450,000, and all
cities and towns located in the counties may, by ordinance,
resolution, or bylaw, regulate the use of public bathing beaches
and public waters where a public bathing beach immediately
borders for the purpose of bathing, swimming, or congregating
with others, within their respective territorial limits, in a
manner that is not inconsistent with this section. [378.20 s.
3]
(b) If a governing body determines that the safety, health,
morals, or general welfare of the public require, the governing
body may, by ordinance, resolution, or bylaw, provide that a
public bathing beach is closed to bathing, swimming, and
congregating after 9:00 a.m. [378.20 s. 4]
Subd. 4. [NOT RESTRICTIVE.] This section does not limit or
abrogate any of the existing powers of a body or governing board
of a county, home rule charter or statutory city, or town.
[378.20 s. 5]
Subd. 5. [PENALTY.] A person who violates a provision of
this section is guilty of a misdemeanor. [378.20 s. 6]
Sec. 44. Minnesota Statutes 1988, section 394.25,
subdivision 2, is amended to read:
Subd. 2. Zoning ordinances establishing districts within
which the use of land or the use of water or the surface of
water pursuant to article 9, section 378.32 10, for agriculture,
forestry, recreation, residence, industry, trade, soil
conservation, water supply conservation, surface water drainage
and removal, conservation of shorelands, as defined in section
105.485 article 6, sections 25 to 29, and additional uses of
land and of the surface of water pursuant to article 9, section
378.32 10, may be by official controls encouraged, regulated, or
prohibited and for such purpose the board may divide the county
into districts of such number, shape, and area as may be deemed
best suited to carry out the comprehensive plan. Official
controls may also be applied to wetlands preservation, open
space, parks, sewage disposal, protection of ground water
groundwater, protection of flood plains floodplains as defined
in article 6, section 104.02 4, protection of wild, scenic or
recreational rivers as defined in section 104.33 article 6,
sections 32 and 33, protection of slope, soils, unconsolidated
materials or bedrock from potentially damaging development,
preservation of forests, woodlands and essential wildlife
habitat, reclamation of nonmetallic mining lands; protection and
encouragement of access to direct sunlight for solar energy
systems as defined in section 116J.06, subdivision 9; and the
preservation of agricultural lands.
Sec. 45. Minnesota Statutes Second 1989 Supplement,
section 444.075, subdivision 1a, is amended to read:
Subd. 1a. [AUTHORIZATION.] Any municipality may build,
construct, reconstruct, repair, enlarge, improve, or in any
other manner obtain
(i) waterworks systems, including mains, valves, hydrants,
service connections, wells, pumps, reservoirs, tanks, treatment
plants, and other appurtenances of a waterworks system,
(ii) sewer systems, sewage treatment works, disposal
systems, and other facilities for disposing of sewage,
industrial waste, or other wastes, and
(iii) storm sewer systems, including mains, holding areas
and ponds, and other appurtenances and related facilities for
the collection and disposal of storm water, all hereinafter
called facilities, and maintain and operate the facilities
inside or outside its corporate limits, and acquire by gift,
purchase, lease, condemnation or otherwise any and all land and
easements required for that purpose. The authority hereby
granted is in addition to all other powers with reference to the
facilities otherwise granted by the laws of this state or by the
charter of any municipality. The authority granted in clause
(iii) to municipalities which have territory within a watershed
which has adopted a watershed plan pursuant to article 2,
section 473.878 11, shall be exercised, with respect to
facilities acquired following the adoption of the watershed
plan, only for facilities which are not inconsistent with the
watershed plan. The authority granted in clause (iii) to
municipalities which have adopted local water management plans
pursuant to article 2, section 473.879 12, shall be exercised,
with respect to facilities acquired following the adoption of a
local plan, only for facilities which are not inconsistent with
the local plan. Counties, except counties in the seven county
metropolitan area, shall have the same authority granted to
municipalities by this subdivision except for areas of the
county organized into cities and areas of the county
incorporated within a sanitary district established by special
act of the legislature.
Sec. 46. Minnesota Statutes 1988, section 459.20, is
amended to read:
459.20 [AUTHORITY OVER PUBLIC WATERS.]
The governing body of any home rule charter or statutory
city or town in the state has, with respect to any body of water
situated wholly within its boundaries, all the powers to improve
and regulate the use of such body of water subject to section
378.321 article 9, section 10, subdivision 6, as are conferred
on county boards by sections 378.31 and 378.32 article 6,
section 93, and article 9, section 10, and to establish and
administer lake improvement districts under article 2, sections
378.401 to 378.56 30 to 46. With respect to any body of water
situated wholly within the contiguous boundaries of two or more
home rule charter or statutory cities or towns or any
combination thereof, the city councils and town boards may,
under the provisions of section 471.59, jointly exercise such
powers to improve and regulate the use of the body of water
subject to article 6, section 378.321 90, as are conferred on
county boards by sections 378.31 and 378.32 article 6, section
93, and article 9, section 10, and to establish and administer
lake improvement districts as provided under article 2, sections
378.401 to 378.56 30 to 46, provided that, no home rule charter
or statutory city or town may establish and administer a lake
improvement district or exercise any of the powers granted in
this section if a lake improvement district covering the same
territory has been created by a county board under article 2,
sections 378.401 to 378.56 30 to 46. References in sections
378.31 to 378.35 and 378.401 to 378.56 article 6, section 93,
article 9, section 10, and article 2, sections 30 to 46, to the
county board shall be construed to refer to the governing body
of a home rule charter or statutory city or the board of
supervisors of a town.
Sec. 47. Minnesota Statutes 1989 Supplement, section
462.357, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of
promoting the public health, safety, morals, and general
welfare, a municipality may by ordinance regulate on the earth's
surface, in the air space above the surface, and in subsurface
areas, the location, height, width, bulk, type of foundation,
number of stories, size of buildings and other structures, the
percentage of lot which may be occupied, the size of yards and
other open spaces, the density and distribution of population,
the uses of buildings and structures for trade, industry,
residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation,
agriculture, forestry, soil conservation, water supply
conservation, conservation of shorelands, as defined in section
105.485 article 6, sections 25 to 29, access to direct sunlight
for solar energy systems as defined in section 216C.06, flood
control or other purposes, and may establish standards and
procedures regulating such uses. No regulation may prohibit
earth sheltered construction as defined in section 216C.06,
subdivision 2, relocated residential buildings, or manufactured
homes built in conformance with sections 327.31 to 327.35 that
comply with all other zoning ordinances promulgated pursuant to
this section. The regulations may divide the surface, above
surface, and subsurface areas of the municipality into districts
or zones of suitable numbers, shape, and area. The regulations
shall be uniform for each class or kind of buildings,
structures, or land and for each class or kind of use throughout
such district, but the regulations in one district may differ
from those in other districts. The ordinance embodying these
regulations shall be known as the zoning ordinance and shall
consist of text and maps. A city may by ordinance extend the
application of its zoning regulations to unincorporated
territory located within two miles of its limits in any
direction, but not in a county or town which has adopted zoning
regulations; provided that where two or more noncontiguous
municipalities have boundaries less than four miles apart, each
is authorized to control the zoning of land on its side of a
line equidistant between the two noncontiguous municipalities
unless a town or county in the affected area has adopted zoning
regulations. Any city may thereafter enforce such regulations
in the area to the same extent as if such property were situated
within its corporate limits, until the county or town board
adopts a comprehensive zoning regulation which includes the area.
Sec. 48. Minnesota Statutes 1988, section 465.20, is
amended to read:
465.20 [APPLICATION.]
Sections 465.18 to 465.19 and 465.20 shall apply to all
cities including those now or hereafter governed by a charter
adopted pursuant to the Constitution of the state of Minnesota,
article IV, section 36.
Sec. 49. Minnesota Statutes 1988, section 469.141,
subdivision 4, is amended to read:
Subd. 4. [PERMITS FOR WATER REMOVAL.] No mined underground
space project involving or affecting the quality and quantity of
underground waters may be developed until a water use permit for
the appropriation of waters pursuant to section 105.41, has been
granted by the commissioner of natural resources under chapter
103G.
Sec. 50. Minnesota Statutes 1988, section 469.174,
subdivision 19, is amended to read:
Subd. 19. [SOILS CONDITION DISTRICTS.] (a) "Soils
condition district" means a type of tax increment financing
district consisting of a project, or portions of a project,
within which the authority finds by resolution that the
following conditions exist:
(1) less than 70 percent of the parcels in the district are
occupied by buildings, streets, utilities, or other
improvements;
(2) unusual terrain or soil deficiencies for 80 percent of
the acreage in the district require substantial filling,
grading, or other physical preparation for use;
(3) the estimated cost of the physical preparation under
clause (2), but excluding costs directly related to roads as
defined in section 160.01 and local improvements as described in
section 429.021, subdivision 1, clauses (1) to (7), (11) and
(12), and 430.01, when added to the fair market value of the
land upon inclusion in the district exceeds the anticipated fair
market value of the land upon completion of the preparation.
(b) An area does not qualify as a soils condition district
if it contains a wetland, as defined in article 7, section
105.37 2, unless the development agreement prohibits draining,
filling, or other alteration of the wetland or other binding
legal assurances for preservation of the wetland are provided.
(c) If the district is located in the metropolitan area,
the proposed development of the district in the tax increment
financing plan must be consistent with the municipality's land
use plan adopted in accordance with sections 473.851 to 473.872
and reviewed by the metropolitan council under section 473.175.
If the district is located outside of the metropolitan area, the
proposed development of the district must be consistent with the
municipality's comprehensive municipal plan.
(d) No parcel shall be included in the district unless the
authority has concluded an agreement or agreements for the
development of at least 50 percent of the acreage having the
unusual soil or terrain deficiencies. The agreement must
provide recourse for the authority if the development is not
completed.
Sec. 51. Minnesota Statutes 1988, section 471.345,
subdivision 3, is amended to read:
Subd. 3. [CONTRACTS OVER $15,000.] If the amount of the
contract is estimated to exceed $15,000, sealed bids shall be
solicited by public notice in the manner and subject to the
requirements of the law governing contracts by the particular
municipality or class thereof provided that with regard to
repairs and maintenance of ditches, bids shall not be required
if the estimated amount of the contract does not exceed the
amount specified in article 5, section 106A.705 91, subdivisions
4, 5, and 6, and 7.
Sec. 52. Minnesota Statutes 1988, section 471.591,
subdivision 1, is amended to read:
Subdivision 1. In the beginning stage of the planning
process, and before preparation of any detailed technical plans
for the extension of municipal services into an unincorporated
area, a city shall meet at least once with the town board of the
affected area and the county planning commission, in joint
session, to review the plans and consider the comments of the
town board and the county planning commission. The city may
thereafter proceed to undertake the proposed extension in
accordance with applicable law. Any duly organized sewer
district or sanitary district created pursuant to special law or
pursuant to chapter 115 or 116A, sections 473.501 to 473.549, or
378.31 article 6, section 93, is not affected by this section.
Sec. 53. Minnesota Statutes 1988, section 471.98,
subdivision 2, is amended to read:
Subd. 2. [POLITICAL SUBDIVISION.] "Political subdivision"
includes a statutory or home rule charter city, a county, a
school district, a town, a watershed management organization as
defined in article 2, section 473.876 6, subdivision 9 13, or
an instrumentality thereof, including but not limited to
instrumentalities incorporated under chapter 317, having
independent policy making and appropriating authority. For the
purposes of this section and section 471.981, the governing body
of a town is the town board.
Sec. 54. Minnesota Statutes 1988, section 473.191,
subdivision 2, is amended to read:
Subd. 2. The metropolitan council may provide technical
assistance to cities, counties and towns to expedite adoption
and enforcement of local ordinances under article 6, section 6,
and sections 104.04, 105.485 25 to 29 and 473.204 to 473.208.
Sec. 55. Minnesota Statutes 1988, section 500.24,
subdivision 3b, is amended to read:
Subd. 3b. [PROTECTION OF CONSERVATION PRACTICES.] If a
corporation, pension or investment fund, or limited partnership,
other than a family farm corporation, an authorized farm
corporation, a family farm partnership, or authorized farm
partnership, during the period of time it holds agricultural
land under subdivision 3, clause (i), intentionally destroys a
conservation practice as defined in article 6, section 40.19 57,
subdivision 5 3, to which the state has made a financial
contribution, the corporation, pension or investment fund, or
limited partnership must pay the commissioner of agriculture,
for deposit in the general fund, an amount equal to the state's
total contributions to that conservation practice plus interest
from the time of investment in the conservation practice.
Interest must be calculated at an annual percentage rate of 12
percent.
Sec. 56. Minnesota Statutes 1988, section 609.68, is
amended to read:
609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER OR LIKE.]
Whoever unlawfully deposits garbage, rubbish, offal, or the
body of a dead animal, or other litter in or upon any public
highway, public waters or the ice thereon, shoreland areas
adjacent to rivers or streams as defined by article 6, section
105.485, subdivision 2 26, public lands, or, without the consent
of the owner, private lands or water or ice thereon, is guilty
of a misdemeanor.
Sec. 57. Minnesota Statutes 1988, section 645.44, is
amended by adding a subdivision to read:
Subd. 8a. [PUBLIC WATERS.] "Public waters" means public
waters as defined in article 7, section 2, subdivision 15, and
includes "wetlands" as defined in article 7, section 2,
subdivision 18. [105.37 s. 14]
Sec. 58. Laws 1987, chapter 404, section 22, subdivision
7, is amended to read:
Subd. 7. Fish and Wildlife
Management
$25,734,700 $25,985,500
Summary by Fund
General $ 788,600 $ 795,900
Nongame Wildlife $ 1,179,800 $ 1,183,600
Water Recreation $ 150,000 $ 150,000
Wildlife Acquis. $ 961,500 $ 836,500
Game and Fish $22,624,800 $22,989,500
Wild Rice Management $ 30,000 $ 30,000
$685,700 in the first year and $685,700
the second year are appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and is not subject to
transfer.
$1,179,800 the first year and
$1,183,600 the second year are from the
nongame wildlife management account in
the special revenue fund for the
purpose of nongame wildlife
management. Any unencumbered balance
remaining in the first year does not
cancel but is available the second year.
$54,400 in the first year and $54,200
the second year are for acid rain
research.
$40,000 the first year and $40,000 the
second year is from the general fund
for one complement position to serve as
a native prairie biologist.
$127,900 the first year and $127,900
the second year are for emergency deer
feeding. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$30,000 is appropriated each year from
the wild rice management account
project to improve natural wild rice
production on public waters pursuant to
Minnesota Statutes, section 97A.065,
subdivision 4.
$40,000 for the first year and $40,000
for the second year is from the general
fund to be transferred to the
commissioner of agriculture to
compensate landowners for agricultural
crops damaged by elk.
$10,000 each year is appropriated from
the general fund to be used as an
additional payment to the Leech Lake
Indian Reservation for enforcement
activities. The reservation may also
use $40,000 of the increased annual
payment that it receives as a result of
the fee increases in this act for
enforcement. The department of natural
resources shall also make surplus
equipment available to the reservation.
Effective July 1, 1987, aquatic plant
control permit fees established under
Minnesota Statutes, section 84.092,
subdivision 1, are doubled. Notice of
the revised fees must be published in
the State Register as soon as practical.
ARTICLE 9
RECODIFICATION AND
RELOCATION OF PROVISIONS RELATING TO
WATER SAFETY, WATER SURFACE USE, AND WATERCRAFT
CHAPTER 86B
WATER SAFETY AND WATERCRAFT
Section 1. [86B.001] [WATER USE POLICY.]
It is the policy of this state, which is blessed with an
abundance of water, to promote its full use and enjoyment by all
of the people, now and in the future, to promote safety for
persons and property in connection with the use of the waters of
the state, to promote uniformity of laws relating to the use and
to conform with use requirements of the United States. [361.01]
Sec. 2. [86B.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [361.02 s. 1]
Subd. 2. [CITY.] "City" means a home rule charter or
statutory city.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [361.02 s. 10]
Subd. 4. [DEALER.] "Dealer" means a person:
(1) engaged in the business of manufacturing or selling new
or used watercraft;
(2) having an established place of business for the sale,
trade, and display of the watercraft; and
(3) having in possession watercraft for the purpose of sale
or trade. [361.02 s. 4]
Subd. 5. [HORSEPOWER.] "Horsepower" means the power rating
established for a motor by the manufacturer, or, if a rating is
not established, the power rating established by the
commissioner. [361.02 s. 13]
Subd. 6. [LENGTH.] "Length" of a watercraft means the
straight-line distance from the foremost part of the craft to
the aftermost part of the craft, measured parallel to the
centerline, excluding sheer. Bowsprits, outboard motor
brackets, rudders, and other attachments are not included in the
length measurement. [361.02 s. 14]
Subd. 7. [LICENSE.] "License" means the authentic document
used to designate the numbers assigned a watercraft and to renew
the designation. [361.02 s. 11]
Subd. 8. [LICENSE AGENT.] "License agent" means the
commissioner of natural resources, the commissioner of public
safety, and deputy registrars of motor vehicles acting under
section 168.33. [361.03 s. 2]
Subd. 9. [MOTORBOAT.] "Motorboat" means a watercraft
propelled in any manner by machinery, including watercraft
temporarily equipped with detachable motors. [361.02 s. 8]
Subd. 10. [OPERATE.] "Operate" means to navigate or
otherwise use a watercraft. [361.02 s. 5]
Subd. 11. [OPERATOR.] "Operator" means the person who
operates or controls the navigation or use of a watercraft.
[361.02 s. 6]
Subd. 12. [OWNER.] "Owner" means a person having a
property right or title to a watercraft other than a security
interest. Owner includes a person entitled to the use or
possession of a watercraft, subject to an interest in another
person, reserved or created by agreement that secures payment or
performance of an obligation, but owner does not include a
lessee under a lease not intended as security. [361.02 s. 3]
Subd. 13. [PADDLE BOAT.] "Paddle boat" means a
nonmotorized watercraft 19 feet in length or less that is
propelled solely by a paddle wheel peddled by an operator or
passenger. [361.02 s. 17]
Subd. 14. [PERSON.] "Person" means an individual,
partnership, corporation, the state and its agencies and
subdivisions, and any other legal entity. [361.02 s. 2]
Subd. 15. [RENT.] "Rent" watercraft means to make a
watercraft available for the use of others in connection with a
business. [361.02 s. 15]
Subd. 16. [SAILBOARD.] "Sailboard" means a single
passenger, nonmotorized watercraft using a surfboard type hull
and a free sail system which, without capsizing, allows the sail
to lie flat in the water when not being supported by the
operator. [361.02 s. 16]
Subd. 17. [UNDERWAY OR IN USE.] "Underway or in use" means
a watercraft in operation or use unless it is securely fastened
to a dock or other permanent mooring. [361.02 s. 9]
Subd. 18. [WATERCRAFT.] "Watercraft" means any contrivance
used or designed for navigation on water except:
(1) a duck boat during the duck hunting season;
(2) a rice boat during the harvest season; or
(3) a seaplane. [361.02 s. 7]
Subd. 19. [WATERS OF THIS STATE.] "Waters of this state"
means waters capable of substantial beneficial public use, and
waters to which the public has access that are within the
territorial limits of this state, including boundary waters.
[361.02 s. 12]
GENERAL PROVISIONS
Sec. 3. [86B.101] [WATERCRAFT SAFETY PROGRAM.]
Subdivision 1. [SAFETY PROGRAM.] The commissioner shall
continue and expand the comprehensive boat safety and education
program. The commissioner shall cooperate with boaters,
governmental subdivisions, state agencies, other states, and the
federal government in the operation of the program. [361.041 s.
1]
Subd. 2. [YOUTH WATERCRAFT SAFETY COURSE.] (a) The
commissioner shall establish an educational course and a testing
program for watercraft operators and for persons age 13 or older
but younger than age 18 required to take the watercraft safety
course. The commissioner shall prescribe a written test as part
of the course.
(b) The commissioner shall issue a watercraft operator's
permit to a person age 13 or older but younger than age 18 who
successfully completes the educational program and the written
test. [361.041 s. 1, s. 2]
Subd. 3. [OPERATOR'S PERMIT.] The commissioner shall issue
a watercraft operator's permit to a person who successfully
qualifies for a watercraft operator's permit under the boat
safety education program. [361.041 s. 1, s. 2]
Sec. 4. [86B.105] [SHERIFF'S SAFETY PROGRAM.]
(a) The sheriff of each county shall maintain a program of
search, rescue, buoying or marking, patrol, removal of hazards
to navigation, and inspection of watercraft for rent, lease, or
hire. The sheriff shall prohibit the use of any watercraft or
safety equipment for rent, lease, or hire that does not comply
with the standards of safety for the watercraft or equipment
prescribed by the commissioner. The sheriff shall investigate
watercraft accidents and drownings and report findings to the
commissioner on a form prescribed by the commissioner.
(b) The county board may authorize the employment of
additional personnel to carry out the provisions of this
section. [361.24 s. 1]
Sec. 5. [86B.111] [NAVIGATION MARKERS AND BUOYS.]
Subdivision 1. [PERMIT FOR PLACEMENT OF NAVIGATION
HAZARDS.] The commissioner may require that a permit is obtained
for the placement of a structure or device determined by the
commissioner to constitute a hazard to navigation. [361.21 s.
1]
Subd. 2. [REMOVAL AND DAMAGE TO BUOYS PROHIBITED.] Except
as authorized by the commissioner, a person may not obstruct,
remove, damage, or destroy a buoy or structure placed in the
waters of this state in accordance with this chapter or by
authority of the United States. [361.21 s. 2]
Subd. 3. [UNIFORM MARKING REQUIRED FOR BUOYS.] A person
may not place buoys or other waterway markers unless the markers
conform with the uniform marking system established by the
commissioner. [361.21 s. 3]
Subd. 4. [GOVERNMENT DOES NOT HAVE DUTY TO MARK ALL
HAZARDS.] The marking of certain hazards to navigation on, in,
or adjacent to the waters of this state by a governmental agency
does not incur a duty to mark all navigational hazards by the
agency or another agency. [361.21 s. 4]
Sec. 6. [86B.115] [USE OF DOCKS AND STRUCTURES FOR
ADVERTISING PROHIBITED.]
A person may not use a fixed or anchored structure on the
waters of this state or a pier or dock extending from shore for
advertising purposes. [361.07]
Sec. 7. [86B.121] [RACES, COMPETITIONS, AND EXHIBITIONS.]
(a) A person may not hold or sponsor any scheduled or
public race, regatta, tournament or other competition or
exhibition, or trial race, on water or ice, whether or not
involving watercraft, without first having obtained a written
permit from the sheriff of the county where the event is to
originate.
(b) The sheriff, in the permit, may exempt watercraft from
any of the provisions of this chapter relating to the licensing,
operation and equipment of watercraft while participating in the
event authorized.
(c) If the sheriff refuses the permit, the person applying
for the permit may appeal the refusal to the commissioner.
[361.20]
Sec. 8. [86B.125] [LEASED WATERCRAFT.]
Subdivision 1. [SAFETY STANDARDS.] The commissioner shall
prescribe safety standards for watercraft offered for lease,
rent, or hire. [361.03 s. 11]
Subd. 2. [SUSPENSION OR REVOCATION OF LICENSE.] (a) The
commissioner may suspend or revoke the license of a watercraft
offered for rent, lease, or hire:
(1) that does not comply with the safety standards for the
watercraft; and
(2) for which the watercraft owner fails to keep a record
of the name and address of the person renting, leasing, or
hiring the watercraft, the license number of the watercraft, the
date and time the person takes possession, and the expected time
of return of the watercraft.
(b) The record of renting, leasing, or hiring must be
preserved for at least six months. [361.03 s. 11]
REGULATION OF SURFACE WATER USE
Sec. 9. [86B.201] [STATE LAW AND LOCAL ORDINANCE
AUTHORITY.]
Subdivision 1. [APPLICATION OF STATE LAW.] The provisions
of this chapter, and of other applicable laws of this state
shall govern the operation, equipment, numbering, and all other
related matters for a watercraft operated on the waters of this
state, or the time when an activity regulated by this chapter
may take place. [361.26 s. 1]
Subd. 2. [LOCAL AUTHORITY TO ADOPT ORDINANCE.] (a) This
chapter does not limit the authority of a political subdivision
of this state to adopt regulations that are not inconsistent
with this chapter and the rules of the commissioner, relating to
the use of waters of this state that are wholly or partly within
the territorial boundaries of a county, or entirely within the
boundaries of a city.
(b) A city of the first class of over 200,000 or the park
board of the city may forbid the use of motorboats or boats with
attached motors on its lakes. [361.26 s. 1]
Sec. 10. [86B.205] [WATER SURFACE USE ORDINANCE.]
Subdivision 1. [ASSISTANCE.] The commissioner shall
develop and publish guidelines to assist counties adopting water
surface use ordinances for waters within their jurisdiction.
[361.26 s. 1a]
Subd. 2. [SURFACE USE ORDINANCES.] (a) A county board may,
by ordinance, regulate the surface use of bodies of water
located entirely or partially within the county and not located
entirely within the boundary of a single city or lake
conservation district established by law.
(b) If a body of water is located within more than one
county, a surface use ordinance is not effective until adopted
by the county boards of all the counties where the body of water
lies under section 471.59 or placed into effect by order of the
commissioner under subdivision 9.
(c) With the authorization of an affected city or lake
conservation district, a county board may assume and exercise
the powers in subdivisions 2 to 5 with respect to bodies of
water lying entirely within that city or lake conservation
district. The regulation by the county of the surface use of a
portion of a body of water located within the boundary of a city
must be consistent with any city regulation existing on May 25,
1973, of the surface use of that portion of the body of water.
After January 1, 1975, the ordinance must be consistent with the
provisions of this chapter and rules of the commissioner under
this chapter. [378.32 s. 1]
Subd. 3. [PRIOR ORDINANCES INVALID WITHOUT APPROVAL.] A
surface use zoning ordinance adopted under subdivisions 2 to 5
by a local governmental unit after May 25, 1973, is invalid
unless it is approved by the commissioner. [378.32 s. 1]
Subd. 4. [APPROVAL OF ORDINANCES.] A proposed surface use
zoning ordinance must be submitted to the commissioner for
review and approval before adoption. The commissioner must
approve or disapprove the proposed ordinance within 120 days
after receiving it. If the commissioner disapproves the
proposed ordinance, the commissioner must return it to the local
governmental unit with a written statement of the reasons for
disapproval. [378.32 s. 1]
Subd. 5. [COUNTY REGULATORY AUTHORITY.] A county board may:
(1) regulate and police public beaches, public docks, and
other public facilities for access to a body of water, except:
(i) regulations are subject to subdivision 6;
(ii) a county board may not regulate state accesses; and
(iii) a municipality may by ordinance preempt the county
from exercising power under this subdivision within its
jurisdiction; [378.32 s. 2]
(2) regulate the construction, configuration, size,
location and maintenance of commercial marinas and their related
facilities including parking areas and sanitary facilities in a
manner consistent with other state law and the rules of the
commissioner of natural resources, the pollution control agency,
and the commissioner of health, and with the applicable
municipal building codes and zoning ordinances where the marinas
are located; [378.32 s. 3]
(3) regulate the construction, installation and maintenance
of permanent and temporary docks and moorings in a manner
consistent with state and federal law, permits required under
chapter 103G, and sections 5 and 6; [378.32 s. 4]
(4) except as provided in subdivision 6, regulate the type
and size of watercraft allowed to use the body of water and set
access fees; [378.32 s. 6]
(5) subject to subdivision 6, limit the types and
horsepower of motors used on the body of water; [378.32 s. 7]
(6) limit the use of the body of water at various times and
the use of various parts of the body of water; [378.32 s. 8]
(7) regulate the speed of watercraft on the body of water
and the conduct of other activities on the body of water to
secure the safety of the public and the most general public use;
and [378.32 s. 9]
(8) contract with other law enforcement agencies to police
the body of water and its shore. [378.32 s. 10]
Subd. 6. [PUBLIC ACCESS RESTRICTIONS.] The county board
must allow the same types and sizes of watercraft and horsepower
of motors to access and enter the lake or water body as are
generally allowed to be operated on the lake or water body.
Special use exceptions that are not dependent on lakeshore or
property ownership may be granted by permit. [378.321]
Subd. 7. [COUNTY ACQUISITION OF PUBLIC ACCESS.] A county
board may acquire by purchase, gift, or devise, land for public
access to a lake or stream and may improve the land as a park or
playground if the land is less than ten acres and is contiguous
to the meander line of a navigable lake or stream wholly or
partly within the county and not entirely within the corporate
limits of a city. [378.08]
Subd. 8. [ADVISORY ASSISTANCE.] The county board may
invite any municipal council or town board or the soil and water
conservation district board of supervisors or watershed district
board of managers to designate a representative to advise and
consult with the county board on water use regulation and
improvement. [378.33]
Subd. 9. [WATERCRAFT USE RULES FOR LOCAL WATERS.] (a) On
request of a county, city, or town, the commissioner may, after
determining it to be in the public interest, establish rules
relating to the use of watercraft on waters of this state that
border upon or are within, in whole or in part, the territorial
boundaries of the governmental unit.
(b) The rules shall be established in the manner provided
by sections 14.02 to 14.62, but may not be submitted to the
attorney general nor filed with the secretary of state until
first approved by resolutions of the county boards of a majority
of the counties affected by the proposed rules.
(c) The rules may restrict:
(1) the type and size of watercraft and size of motor that
may use the waters affected by the rule;
(2) the areas of water that may be used by watercraft;
(3) the speed of watercraft;
(4) the times permitted for use of watercraft; or
(5) the minimum distance between watercraft.
(d) When establishing rules the commissioner shall consider
the physical characteristics of the waters affected, their
historical uses, shoreland uses and classification, and other
features unique to the waters affected by the rules.
(e) The commissioner shall inform the users of the waters
of the rules affecting them at least two weeks before the
effective date of the rules by distributing copies of the rules
and by posting of the public accesses of the waters. The
failure of the commissioner to comply with this paragraph does
not affect the validity of the rules or a conviction for
violation of the rules.
(f) The cost of publishing rules and of marking and posting
waters under this subdivision shall be paid by the counties
affected by the rules, as apportioned by the commissioner.
(g) Regulations or ordinances relating to the use of waters
of this state enacted by a local governmental unit before
January 1, 1972, shall continue in effect until repealed by the
local governmental unit or superseded by a rule of the
commissioner adopted under this subdivision. [361.26 s. 2]
Sec. 11. [86B.211] [WATER SAFETY RULES.]
The commissioner shall adopt rules and publish the rules in
the manner prescribed in section 97A.051, subdivision 3, that
relate to:
(1) the application for, form, and numbering of watercraft
licenses;
(2) the size, form, reflectorized material, and display of
watercraft license numbers, which must comply with the
requirements of the federal watercraft numbering system;
(3) placement and regulation of docks, piers, buoys,
mooring or marking devices, and other structures in the waters
of this state;
(4) rules of the road for watercraft navigation;
(5) standards for equipment used in the towing of persons
on water skis, aquaplanes, surfboards, saucers, and other
devices;
(6) standards for lights, signals, fire extinguishers,
bilge ventilation, and lifesaving equipment;
(7) standards of safe load and power capacity;
(8) accounting, procedural, and reporting requirements for
county sheriff;
(9) designation of swimming or bathing areas;
(10) standards of safety for watercraft offered for rent,
lease, or hire;
(11) the use of surface waters of this state by watercraft
as provided and in accordance with section 10, subdivision 9,
paragraphs (c) and (d), including:
(i) standards and criteria for resolving conflicts in the
use of water surfaces by watercraft;
(ii) procedures for dealing with problems involving more
than one local governmental unit;
(iii) procedures for local enforcement; and
(iv) procedures for enforcing the restrictions in section
10, subdivision 9, paragraph (c); and
(12) other rules determined by the commissioner to be
necessary to implement the provisions of this chapter. [361.25]
WATERCRAFT OPERATION
Sec. 12. [86B.301] [WATERCRAFT LICENSES REQUIRED.]
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivisions 2 and 3, a person may not operate or give
permission for the operation of a watercraft that requires a
watercraft license on the waters of this state unless:
(1) a watercraft license for the watercraft has been issued
and is valid during the period of operation;
(2) the license number is affixed to the watercraft as
prescribed by the commissioner; and
(3) a valid registration sticker is affixed to the
watercraft as prescribed by the commissioner. [361.03 s. 1, s.
2]
Subd. 2. [EXEMPTIONS.] A watercraft license is not
required for:
(1) a watercraft that is covered by a license or number in
full force and effect under federal law or a federally approved
licensing or numbering system of another state, and has not been
within this state for more than 90 consecutive days, which does
not include days that a watercraft is laid up at dock over
winter or for repairs at a Lake Superior port, or another port
in the state;
(2) a watercraft from a country other than the United
States that has not been within this state for more than 90
consecutive days, which does not include days that a watercraft
is laid up at dock over winter or for repairs at a Lake Superior
port, or another port in the state;
(3) a watercraft owned by the United States, a state, or a
political subdivision of a state, except watercraft used for
recreational purposes;
(4) a ship's lifeboat;
(5) a watercraft that has been issued a valid marine
document by the United States government;
(6) a duck boat during duck hunting season;
(7) a rice boat during the harvest season;
(8) a seaplane; and
(9) a nonmotorized watercraft nine feet in length or less.
[361.03 s. 12; 361.02 s. 7]
Subd. 3. [TEMPORARY CERTIFICATE.] A person may operate a
watercraft and allow another person to operate a watercraft for
which a temporary license certificate has been issued during the
period the certificate is valid. [361.03 s. 14]
Sec. 13. [86B.305] [YOUTH OPERATORS.]
Subdivision 1. [UNDER AGE 13.] Except in case of an
emergency, a person under age 13 may not operate or be allowed
to operate a watercraft propelled by a motor with a factory
rating of more than 24 horsepower unless there is present in the
watercraft in addition to the operator, the operator's parent or
legal guardian, or at least one person of the age 18 or older.
[361.055]
Subd. 2. [AGE 13 TO 17; PERMIT REQUIRED.] Except as
provided in this subdivision, a person age 13 or older and
younger than age 18 may not operate a motorboat powered by a
motor over 24 horsepower without possessing a valid watercraft
operator's permit from this state or from the operator's state
of residence, unless there is a person age 18 or older in the
motorboat. [361.041 s. 2]
Subd. 3. [OWNERS MAY NOT ALLOW CERTAIN USES.] An owner of
a watercraft may not allow a watercraft to be operated contrary
to the provisions of subdivision 2. [361.041 s. 3]
Sec. 14. [86B.311] [GENERAL RULES FOR OPERATION.]
Subdivision 1. [SAFE OPERATION.] A person may not operate
or allow the operation of a watercraft or use a device relating
to the use of the watercraft:
(1) in a careless or heedless manner in disregard of the
rights or safety of others;
(2) in a reckless or grossly negligent manner that causes
personal injury to another or damage to the property of another;
(3) upon the waters of this state without the equipment
required by this chapter and the rules adopted under this
chapter; or
(4) that is loaded with passengers or cargo beyond the
watercraft's safe carrying capacity, or is equipped with a motor
or other propulsion machinery beyond the watercraft's safe power
capacity. [361.05]
Subd. 2. [OBSTRUCTION TO NAVIGATION.] A person may not
operate a watercraft in a manner that obstructs or tends to
obstruct normal and ordinary navigation on the waters of this
state. [361.07]
Subd. 3. [UNAUTHORIZED MOORING PROHIBITED.] A person may
not moor, attach, or hold in any manner a watercraft to a buoy
or any other marking device or guide placed in the waters of
this state pursuant to lawful authority. This subdivision does
not apply to a mooring buoy. [361.07]
Subd. 4. [SWIMMING OR BATHING AREAS.] A person may not
operate a watercraft within a water area that has been marked
off or set aside as a swimming or bathing area as prescribed by
the commissioner's rules. [361.08]
Subd. 5. [RIDING ON GUNWALES OR DECKING.] A person may not
ride or sit and a person may not operate a motorboat while a
person is riding or sitting on the starboard or port gunwales,
the decking over the bow, or transom of a motorboat while
underway, unless the motorboat is provided with adequate guards
or railing to prevent passengers from falling overboard.
[361.11]
Sec. 15. [86B.315] [TOWING PERSON ON WATER SKIS OR OTHER
DEVICE.]
Subdivision 1. [OBSERVER OR MIRROR REQUIRED.] A person may
not operate a watercraft on waters of this state and tow a
person on water skis, an aquaplane, a surfboard, a saucer, or a
similar device unless:
(1) there is another person in the watercraft in addition
to the operator who is in a position to continually observe the
person being towed; or
(2) the boat is equipped with a mirror providing the
operator a wide field of vision to the rear. [361.09 s. 1]
Subd. 2. [NIGHT SKIING OR TOWING PROHIBITED.] A person may
not be towed or operate a watercraft towing a person on water
skis, an aquaplane, a surfboard, a saucer, or another device on
waters of this state from one hour after sunset to sunrise of
the following day. [361.09 s. 2]
Sec. 16. [86B.321] [NOISE LIMITS.]
Subdivision 1. [OPERATION IN EXCESS OF NOISE LIMITS
PROHIBITED.] A person may not operate a motorboat under a
condition of load, acceleration, or deceleration in a manner
that exceeds the noise limits contained in subdivision 2.
[361.17 s. 2]
Subd. 2. [NOISE LIMITS.] (a) The noise limits for the
total noise from the marine engine or motorboat may not exceed:
(1) for marine engines or motorboats manufactured before
January 1, 1982, a noise level of 84 decibels on the A scale
measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner; and
(2) for marine engines or motorboats manufactured on or
after January 1, 1982, a noise level of 82 decibels on the A
scale measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner.
(b) The noise limits in paragraph (a) do not preclude
enforcement of other laws relating to motorboat noise. [361.17
s. 6]
Subd. 3. [APPLICABILITY.] The provisions of this section
do not apply to motorboats operating under a permit issued under
section 7 or a United States coast guard marine event permit in
a regatta, or race, while on trial runs, or while on official
trials for speed records during the time and in the designated
area authorized by the permit. [361.17 s. 7]
Sec. 17. [86B.325] [DISCHARGE FROM MARINE TOILETS
PROHIBITED.]
(a) A person owning or operating a watercraft or other
marine conveyance on the waters of this state may not use,
operate, or allow the use or operation of a marine toilet or
similar device for the disposition of sewage or other wastes,
unless the toilet wastes are retained for disposition on land by
means of facilities constructed and operated in accordance with
rules adopted by the state commissioner of health and approved
by the pollution control agency.
(b) A person may not:
(1) discharge sewage or other wastes into the waters of
this state directly or indirectly from a watercraft or other
marine conveyance; or
(2) place, leave, discharge, or cause to be placed, left,
or discharged a container of sewage or other wastes into waters
of this state by a person whether or not the owner, operator,
guest, or occupant of a watercraft or other marine conveyance.
(c) Toilets must be sealed or otherwise rendered
inoperative so that human or other waste cannot be discharged
from the toilet into waters of this state. [361.29 s. 1]
Sec. 18. [86B.331] [OPERATION WHILE USING ALCOHOL OR DRUGS
OR WITH A PHYSICAL OR MENTAL DISABILITY.]
Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
operate or be in physical control of a motorboat in operation on
the waters of this state while under the influence of:
(1) alcohol, as provided in section 169.121, subdivision 1,
paragraphs (a) and (d);
(2) a controlled or other substance, as provided in section
169.121, subdivision 1; or
(3) a combination of any two or more of the elements named
in clauses (1) and (2).
(b) An owner or other person having charge or control of a
motorboat may not authorize or allow an individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled or other substance, as provided under paragraph
(a), to operate the motorboat in operation on the waters of this
state.
(c) An owner or other person having charge or control of a
motorboat may not knowingly authorize or allow a person, who by
reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation
on the waters of this state. [361.12 s. 1]
(d) For purposes of this subdivision, a motorboat "in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring.
Subd. 2. [ARREST.] Conservation officers of the department
of natural resources, sheriffs, sheriff's deputies, and other
peace officers may arrest a person for a violation under
subdivision 1 without a warrant upon probable cause, if the
violation was committed in the officer's presence. If the
violation did not occur in the officer's presence, the officer
may arrest the person if the person was involved in a motorboat
accident resulting in death, personal injury, or property damage.
[361.12 s. 2]
Subd. 3. [PRELIMINARY SCREENING TEST.] (a) If an officer
authorized under subdivision 2 to make arrests has reason to
believe from the manner in which a person is operating,
controlling, or acting upon departure from a motorboat, or has
operated or been in control of a motorboat, that the operator
may be violating or has violated subdivision 1, paragraph (a),
the officer may require the operator to provide a breath sample
for a preliminary screening test using a device approved by the
commissioner of public safety for this purpose.
(b) The results of the preliminary screening test shall be
used for the purpose of deciding whether an arrest should be
made under this section and whether to require the chemical
tests authorized in section 19, but may not be used in a court
action except to prove that a test was properly required of an
operator pursuant to section 19.
(c) Following the preliminary screening test, additional
tests may be required of the operator as provided under section
19.
(d) An operator who refuses a breath sample is subject to
the provisions of section 19 unless, in compliance with that
section, the operator submits to a blood, breath, or urine test
to determine the presence of alcohol or a controlled substance.
[361.12 s. 3]
Subd. 4. [EVIDENCE.] (a) Upon the trial of a prosecution
arising out of acts alleged to have been committed by a person
arrested for operating or being in physical control of a
motorboat in violation of subdivision 1, paragraph (a), the
court may admit evidence of the amount of alcohol or a
controlled substance in the person's blood, breath, or urine as
shown by an analysis of those items.
(b) For the purposes of this subdivision:
(1) evidence that there was at the time an alcohol
concentration of 0.05 or less is prima facie evidence that the
person was not under the influence of alcohol; and
(2) evidence that there was at the time an alcohol
concentration of more than 0.05 and less than 0.10 is relevant
evidence in indicating whether or not the person was under the
influence of alcohol.
(c) Evidence of the refusal to take a preliminary screening
test required under subdivision 3 or a chemical test required
under section 19 is admissible into evidence in a prosecution
under this section.
(d) This subdivision does not limit the introduction of
other competent evidence bearing upon the question of whether or
not the person violated this section, including results obtained
from partial tests on an infrared breath-testing instrument. A
result from a partial test is the measurement obtained by
analyzing one adequate breath sample. A sample is adequate if
the instrument analyzes the sample and does not indicate the
sample is deficient. [361.12 s. 4]
Subd. 5. [PENALTIES.] (a) A person who violates a
prohibition contained in subdivision 1 is guilty of a
misdemeanor; except that a person who violates a prohibition
contained in subdivision 1 within five years of a prior
conviction under that subdivision or civil liability under
section 19, subdivision 2, or within ten years of two or more
prior convictions under that subdivision or civil liability
under section 19, subdivision 2, is guilty of a gross
misdemeanor. The attorney in the jurisdiction where the
violation occurred who is responsible for prosecution of
misdemeanor violations of this section is also responsible for
prosecution of gross misdemeanor violations of this section.
(b) A person who operates a motorboat on the waters of this
state during the period the person is prohibited from operating
any motorboat or after the person's motorboat operator's permit
has been revoked, as provided under subdivision 6, is guilty of
a misdemeanor. [361.12 s. 5]
Subd. 6. [SUSPENSION AND REVOCATION OF OPERATING
PRIVILEGES.] (a) Upon conviction, and in addition to any penalty
imposed under subdivision 5, the person is prohibited from
operating any motorboat on the waters of this state for a period
of 90 days between May 1 and October 31, extending over two
consecutive years if necessary.
(b) A person with a motorboat operator's permit 13 years of
age or older but less than 18 years of age and who violates any
prohibition contained in subdivision 1 shall have the permit
revoked by the commissioner as required by section 39,
subdivision 2, in addition to any other penalty imposed by the
court. [361.12 s. 6]
Subd. 7. [DUTIES OF COMMISSIONER.] The court shall
promptly forward copies of all convictions and criminal and
civil penalties imposed under subdivision 5 and section 19,
subdivision 2, to the commissioner. The commissioner shall
notify the convicted person of the period when the person is
prohibited from operating a motorboat as provided under
subdivision 6 or section 19, subdivision 2. The commissioner
shall also periodically circulate to appropriate law enforcement
agencies a list of all persons who are prohibited from operating
any motorboat or have had their motorboat operator's permits
revoked pursuant to subdivision 6 or section 19, subdivision 2.
[361.12 s. 7]
Subd. 8. [GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT
CARE.] The state or political subdivision that is the employer
of an officer authorized under subdivision 2 to make an arrest
for violations of subdivision 1 is immune from any liability,
civil or criminal, for the care or custody of the motorboat
being operated by or in the physical control of the person
arrested if the officer acts in good faith and exercises due
care. [361.12 s. 8]
Sec. 19. [86B.335] [TESTING FOR ALCOHOL AND CONTROLLED
SUBSTANCES.]
Subdivision 1. [CHEMICAL TESTING.] A person who operates
or is in physical control of a motorboat in operation on the
waters of this state is required, subject to the provisions of
this section, to take or submit to a test of the person's blood,
breath, or urine for the purpose of determining the presence and
amount of alcohol or a controlled substance. A motorboat "in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring. The test shall be administered at the direction of an
officer authorized to make arrests under section 18, subdivision
2. Taking or submitting to the test is mandatory when requested
by an officer who has probable cause to believe the person was
operating or in physical control of a motorboat in violation of
section 18, subdivision 1, paragraph (a), and one of the
following conditions exist:
(1) the person has been lawfully placed under arrest for
violating section 18, subdivision 1, paragraph (a);
(2) the person has been involved in a motorboat accident
resulting in property damage, personal injury, or death;
(3) the person has refused to take the preliminary
screening test provided for in section 18, subdivision 3; or
(4) the screening test was administered and recorded an
alcohol concentration of 0.10 or more. [361.121 s. 1]
Subd. 2. [REFUSAL TO TAKE TEST.] (a) If a person refuses
to take a test required under subdivision 1, a test is not to be
given, but the officer authorized to make arrests under section
18, subdivision 2, shall report the refusal to the commissioner
of natural resources and to the authority having responsibility
for prosecution of misdemeanor offenses for the jurisdiction
where the incident occurred that gave rise to the test demand
and refusal.
(b) On certification by the officer that probable cause
existed to believe the person had been operating or in physical
control of a motorboat while under the influence of alcohol or a
controlled substance, and that the person refused to submit to
testing, the commissioner shall impose a civil penalty of $500
and shall prohibit the person from operating any motorboat on
the waters of this state for a period of one year. If the
person refusing to submit to testing is under the age of 18
years at the time of the refusal, the person's watercraft
operator's permit shall be revoked by the commissioner as set
forth in this subdivision and a new permit after the revocation
must be issued only after the person successfully completes a
watercraft safety course.
(c) On behalf of the commissioner, an officer requiring a
test or directing the administration of a test shall serve on a
person who refused to permit a test immediate notice of
intention to impose the civil penalty set forth in this
subdivision, to prohibit the operation of motorboats, and to
revoke a watercraft operator's permit. The officer shall take a
watercraft operator's permit held by the person, and shall send
the permit to the commissioner along with the certification
provided for in this subdivision. If the officer fails to serve
a notice of intent to revoke, the commissioner may notify the
person by mail, and the notice is deemed received three days
after mailing. The notice must advise the person of the right
to obtain administrative and judicial review as provided in this
section. The prohibition and revocation, if any, shall take
effect ten days after receipt of the notice. The civil penalty
is imposed on receipt of the notice, and shall be paid within 30
days of imposition.
(d) A person who operates a motorboat on the waters of this
state during the period the person is prohibited from operating
a motorboat as provided under paragraph (b) or (c) is guilty of
a misdemeanor. [361.121 s. 2]
Subd. 3. [ADMINISTRATIVE REVIEW.] (a) At any time during
the period of prohibition or revocation imposed under this
section, the person may request in writing a review of the order
imposing sanctions under this section. If the person makes a
request for administrative review within 30 days following
receipt of a notice and order imposing sanctions, the request
shall stay imposition of the civil penalty. Upon receiving the
request for review, the commissioner or the commissioner's
designee shall review the order, the evidence upon which the
order was based, and other material information brought to the
attention of the commissioner, and determine whether sufficient
cause exists to sustain the order.
(b) Within 15 days after receiving the request, the
commissioner shall issue a written report ordering that the
prohibition, revocation, or civil penalty be either sustained or
rescinded. The review provided in this subdivision is not
subject to the contested case provisions of the administrative
procedure act under chapter 14. The availability of
administrative review does not have an effect upon the
availability of judicial review under this section. [361.121 s.
2a]
Subd. 4. [JUDICIAL REVIEW.] (a) Within 30 days following
receipt of a notice and order imposing sanctions under this
section, a person may petition the court for review. The
petition must be filed with the court administrator of the
county, municipal, or unified trial court in the county where
the incident occurred which gave rise to the test demand and
refusal, together with proof of service of a copy on the
commissioner and the prosecuting authority for misdemeanor
offenses for the jurisdiction in which the incident occurred. A
responsive pleading is not required of the commissioner of
natural resources, and court fees may not be charged for the
appearance of the representative of the commissioner in the
matter.
(b) The petition must be captioned in the name of the
person making the petition as petitioner and the commissioner as
respondent. The petition must state specifically the grounds
upon which the petitioner seeks rescission of the order imposing
sanctions.
(c) The filing of the petition does not stay the revocation
or prohibition against operation of a motorboat. However, the
filing of a petition stays imposition of the civil penalty. The
judicial review shall be conducted according to the rules of
civil procedure. [361.121 s. 2b]
Subd. 5. [HEARING.] (a) A hearing under this section must
be before a municipal, county, or unified court judge in the
county where the incident occurred which gave rise to the test
demand and refusal. The hearing must be to the court, and may
be conducted at the same time as hearings upon pretrial motions
in the criminal prosecution under section 18. The hearing must
be recorded. The commissioner must be represented by the
prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred which gave rise to
the test demand and refusal.
(b) The hearing must be held at the earliest practicable
date and in any event no later than 60 days following the filing
of the petition for review. The reviewing court may order a
temporary stay of the balance of the prohibition or revocation
if the hearing has not been conducted within 60 days after
filing of the petition, upon the application of the petitioner
and upon terms the court deems proper.
(c) The scope of the hearing must be limited to the issues
of:
(1) whether the officer had probable cause to believe that
the person was operating or in physical control of a motorboat
in violation of section 18;
(2) whether one of the conditions in subdivision 1 existed;
(3) whether the person was informed as prescribed in
subdivision 6; and
(4) whether the person refused to submit to testing.
(d) It is an affirmative defense for the petitioner to
prove that, at the time of the refusal, the petitioner's refusal
to permit the test was based upon reasonable grounds.
(e) The court shall order that the prohibition or
revocation be either sustained or rescinded, and shall either
sustain or rescind the civil penalty. The court shall forward a
copy of the order to the commissioner. [361.121 s. 2c]
Subd. 6. [RIGHTS AND OBLIGATIONS.] At the time a test is
requested, the person must be informed:
(1) that Minnesota law requires a person to take a test to
determine if the person is under the influence of alcohol or a
controlled substance;
(2) that a person is subject to a civil penalty of $500 for
refusing to take the test and, in addition, the person is
prohibited from operating any motorboat, as provided under
subdivision 2, for refusing to take the test;
(3) that if testing is refused it will not affect the
person's motor vehicle driver's license;
(4) that if the test is taken and the results indicate that
the person is under the influence of alcohol or a controlled
substance, the person will be subject to criminal penalties and,
in addition to any other penalties the court may impose, the
person's operating privileges will be suspended as provided
under section 18, subdivision 6, paragraph (a);
(5) that, after submitting to testing, the person has the
right to have additional tests made by someone of the person's
own choosing; and
(6) that a refusal to take a test will be offered into
evidence against the person at trial. [361.121 s. 3]
Subd. 7. [REQUIREMENT OF URINE TEST.] Notwithstanding
subdivision 1, if there are reasonable and probable grounds to
believe there is impairment by a controlled substance which is
not subject to testing by a blood or breath test, a urine test
may be required even after a blood or breath test has been
administered. [361.121 s. 4]
Subd. 8. [BREATH TEST USING AN INFRARED BREATH-TESTING
INSTRUMENT.] In the case of a breath test administered using an
infrared breath-testing instrument, the test shall consist of
analyses in the following sequence: one adequate breath sample
analysis, one calibration standard analysis, and a second
adequate breath sample analysis. In the case of a test
administered using an infrared breath-testing instrument, a
sample is adequate if the instrument analyzes the sample and
does not indicate the sample is deficient. For purposes of this
section, when a test is administered using an infrared
breath-testing instrument, failure of a person to provide two
separate adequate breath samples in the proper sequence
constitutes a refusal to take the test. [361.121 s. 5]
Subd. 9. [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT
WITHDRAWN.] A person who is unconscious or who is otherwise in a
condition rendering the person incapable of refusal is deemed
not to have withdrawn the consent provided by subdivision 1 and
the test may be given. [361.121 s. 6]
Subd. 10. [MANNER OF MAKING TESTS.] (a) Only a physician,
medical technician, physician's trained mobile intensive care
paramedic, registered nurse, medical technologist, or laboratory
assistant acting at the request of a peace officer authorized to
make arrests under section 18, subdivision 2, may withdraw blood
for the purpose of determining the presence of alcohol or
controlled substance. This limitation does not apply to the
taking of a breath or urine sample. The person tested has the
right to have someone of the person's own choosing administer a
chemical test or tests in addition to any administered at the
direction of a peace officer; provided, that the additional test
sample on behalf of the person is obtained at the place where
the person is in custody, after the test administered at the
direction of a peace officer, and at no expense to the state.
(b) The failure or inability to obtain an additional test
or tests by a person shall not preclude the admission in
evidence of the test taken at the direction of a peace officer
unless the additional test was prevented or denied by the peace
officer.
(c) The physician, medical technician, physician's trained
mobile intensive care paramedic, medical technologist,
laboratory assistant, or registered nurse drawing blood at the
request of a peace officer for the purpose of determining
alcohol concentration shall in no manner be liable in any civil
or criminal action except for negligence in drawing the blood.
The person administering a breath test shall be fully trained in
the administration of breath tests pursuant to training given by
the commissioner of public safety. [361.121 s. 7]
Subd. 11. [PAYMENT OF CIVIL PENALTY.] The civil penalty
imposed under subdivision 2 must be paid to the political
subdivision that represents the commissioner on the petition for
judicial review or, in the event that a petition is not filed,
to the political subdivision that would have represented the
commissioner had a petition been filed. If a person does not
pay the civil penalty, the prohibition against operating
motorboats is automatically extended until the political
subdivision reports in writing to the commissioner that the
penalty has been paid. [361.121 s. 8]
Subd. 12. [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person
does not pay the civil penalty imposed under subdivision 2
within 30 days of the time the penalty was imposed, the
prosecuting authority representing the commissioner may petition
the municipal, county, or unified court in the jurisdiction
where the incident occurred to file the order imposing the civil
penalty as an order of the court.
(b) Once entered, the order may be enforced in the same
manner as a final judgment of the court. In addition to the
penalty, attorney fees, costs, and interest may be assessed
against any person who fails to pay the civil penalty. [361.121
s. 9]
Sec. 20. [86B.341] [DUTIES AND LIABILITIES AT ACCIDENT OR
INCIDENT.]
Subdivision 1. [OPERATOR'S DUTY AT ACCIDENT OR
INCIDENT.] (a) The operator of a watercraft involved in an
accident or incident resulting in injury or death to a person or
in damage to property shall, if possible without serious danger
to the watercraft or the persons aboard, immediately stop at the
scene of the accident or incident and render assistance as may
be practicable and necessary.
(b) The operator must give the operator's name, address and
license number of the watercraft and the name and address of the
owner of the watercraft to the person injured or the operator or
occupants of the other watercraft or owner or occupant of the
property involved. The operator must promptly report the
accident or incident to the sheriff of the county where the
accident or incident occurred. Sheriffs are required to report
all accidents and incidents to the commissioner of natural
resources, who shall transmit statistics on boating accidents
and incidents to the United States Coast Guard. [361.13 s. 1]
Subd. 2. [OWNER'S AND OPERATOR'S LIABILITY.] (a) The owner
and operator of a watercraft are jointly and severally liable
for any injury or damage caused by the negligent operation of a
watercraft whether the negligence consists of a violation of the
provisions of the statutes of this state, or neglecting to
observe ordinary care in the operation as the common law
requires. The owner is not liable if the watercraft is being
operated without the owner's express or implied consent. It is
presumed that the operation of a watercraft is with the
knowledge and consent of the owner if at the time of the injury
or damage the watercraft is under the control of the owner's
spouse, father, mother, brother, sister, son, daughter or other
member of the owner's immediate family.
(b) This subdivision may not be construed to:
(1) relieve other persons from liability which the persons
would otherwise have; or
(2) authorize or allow recovery in excess of the injury or
damage actually incurred. [361.13 s. 2]
LICENSES
Sec. 21. [86B.401] [WATERCRAFT LICENSES.]
Subdivision 1. [APPLICATION.] (a) A person may apply to
the commissioner of natural resources, the commissioner of
public safety, or an authorized deputy registrar of motor
vehicles to license a watercraft in a form as prescribed by the
commissioner of public safety.
(b) The application must state the names and addresses of
all owners of the watercraft and be signed by at least one owner.
[361.03 s. 2]
(c) The installation or presence of a marine toilet in a
watercraft must be indicated by the owner upon application for
licensing of the watercraft or marine conveyance, and a license
for watercraft bearing a marine toilet may not be issued except
upon certification by the owner of the installation of an
acceptable retention device for use with the marine toilet.
[361.29 s. 4]
Subd. 2. [TEMPORARY CERTIFICATE.] A person who applies for
a watercraft license may be issued a temporary license
certificate to operate the watercraft. The temporary license
certificate is valid for the period of time specified by the
commissioner. [361.03 s. 14]
Subd. 3. [LICENSING.] The license agent shall register the
watercraft on receiving an application and the license fee. A
license and registration sticker with a registration number
shall be issued and must be affixed to the watercraft as
prescribed by the commissioner of natural resources. [361.03 s.
1, s. 2]
Subd. 4. [LICENSE NUMBER.] Each watercraft must be
assigned a license number. The license number assigned a
watercraft shall remain the same if continually renewed. The
owner of a watercraft must purchase the watercraft license
numbers assigned and affix the license numbers as prescribed by
the commissioner. [361.03 s. 1, s. 2]
Subd. 5. [LICENSE PERIOD.] A watercraft license is valid
for three calendar years or a portion of the three-year period
beginning in the calendar year the license is issued. The
watercraft license expires on December 31 of the last calendar
year of the license period. [361.03 s. 3, s. 6]
Subd. 6. [RENEWAL.] Watercraft licenses may be renewed in
the same manner as applying for the original license. [361.03
s. 6]
Subd. 7. [NOTIFICATION OF CHANGE OF ADDRESS BY LICENSEE.]
If the address of an owner of a licensed watercraft changes so
that it does not conform with the address on the watercraft
license, the owner must notify the commissioner, in writing, by
30 days after the address change occurs on a form prescribed by
the commissioner. [361.03 s. 6]
Subd. 8. [NOTICE OF OWNERSHIP CHANGE, DESTRUCTION, OR
ABANDONMENT OF WATERCRAFT.] (a) An owner of a watercraft must
provide written notice to the commissioner on a form prescribed
by the commissioner by 15 days after abandonment, destruction,
or a change in ownership of a licensed watercraft.
(b) A change in ownership does not include the transfer of
a security interest.
(c) After a change of ownership:
(1) the new owners are subject to the penalties imposed by
this chapter if they fail to give notice as required by this
subdivision; and
(2) the commissioner shall terminate the license without
further action for failure to give the notice of ownership
change.
(d) A notice of ownership change must be accompanied by the
duplicate license fee. The commissioner shall issue a duplicate
license on receipt of the notice of ownership change and the
duplicate license fee. [361.03 s. 8]
Subd. 9. [LOSS OR DESTRUCTION OF LICENSE.] The
commissioner shall issue a duplicate watercraft license if an
owner provides to the commissioner an affidavit of loss or
destruction of the watercraft license previously issued and pays
the duplicate license fee. [361.03 s. 7]
Subd. 10. [NEW LICENSE FOR PREVIOUSLY LICENSED
WATERCRAFT.] A new license may not be issued for a watercraft
that has previously been issued a watercraft license by this
state unless:
(1) a notice of abandonment of the watercraft has been
given at least one year before the date of application for the
license; or
(2) the application is accompanied by satisfactory proof
that the watercraft has been continually outside this state at
least one year before the date of the application. [361.03 s.
6]
Sec. 22. [86B.405] [DEALER'S LICENSE.]
Subdivision 1. [APPLICATION.] A dealer may apply for a
watercraft dealer license on a form prescribed by the
commissioner. A watercraft dealer's license shall be issued to
a dealer after receipt of an application and payment of the
dealer license fee.
Subd. 2. [WATERCRAFT COVERED.] Watercraft owned by the
dealer may be operated under the dealer's license on the waters
of this state without watercraft licenses for demonstration
purposes or other purposes incident to the usual and customary
conduct of the business of manufacturing, selling, or trading of
watercraft. [361.03 s. 9]
Sec. 23. [86B.411] [GOVERNMENT WATERCRAFT LICENSES.]
The commissioner shall issue distinguishable government
watercraft licenses without a fee for watercraft owned by the
state or a political subdivision of the state on receipt of an
application for the license on a form prescribed by the
commissioner. [361.03 s. 10]
Sec. 24. [86B.415] [LICENSE FEES.]
Subdivision 1. [WATERCRAFT LESS THAN 19 FEET.] The fee for
a watercraft license for watercraft less than 19 feet in length
is $12 except:
(1) for watercraft 19 feet in length or less that is
offered for rent or lease, the fee is $6;
(2) for a canoe, kayak, sailboat, sailboard, paddle boat,
or rowing shell 19 feet in length or less, the fee is $7;
(3) for a watercraft 19 feet in length or less used by a
nonprofit corporation for teaching boat and water safety, the
fee is as provided in subdivision 4; and
(4) for a watercraft owned by a dealer under a dealer's
license, the fee is as provided in subdivision 5. [361.03 s. 3]
Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in
subdivisions 3, 4, and 5, the watercraft license fee:
(1) for a watercraft more than 19 feet but less than 26
feet in length is $20;
(2) for a watercraft 26 feet but less than 40 feet in
length is $30; and
(3) for a watercraft 40 feet in length or longer is $40.
[361.03 s. 3]
Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license
fee for a watercraft more than 19 feet in length for hire with
an operator is $50 each. [361.03 s. 3]
Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR
TEACHING.] The watercraft license fee for a watercraft used by a
nonprofit organization for teaching boat and water safety is $3
each. [361.03 s. 3]
Subd. 5. [DEALER'S LICENSE.] There is no separate fee for
watercraft owned by a dealer under a dealer's license. The fee
for a dealer's license is $30. [361.03 s. 3]
Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to
transfer a watercraft license or be issued a duplicate license
is $3.
Subd. 7. [WATERCRAFT SURCHARGE.] A surcharge of $2 is
placed on each watercraft licensed under subdivisions 1 to 6,
that is 17 feet in length or longer, for management of purple
loosestrife and Eurasian water milfoil according to law.
Subd. 8. [REGISTRAR'S FEE.] (a) In addition to the license
fee, a fee of 50 cents shall be charged for a watercraft license
issued through the registrar or a deputy registrar of motor
vehicles.
(b) The additional fee shall be disposed of in the manner
provided in section 168.33, subdivision 2. [361.03 s. 2]
Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for
watercraft licenses shall be deposited in the state treasury and
credited to the water recreation account. [361.03 s. 5]
Subd. 10. [ACCOUNTING.] The commissioner of natural
resources in agreement with the commissioner of public safety
may prescribe the accounting and procedural requirements
necessary to assure efficient handling of watercraft
registrations and license fees by deputy registrars. Deputy
registrars shall strictly comply with these accounting and
procedural requirements. [361.03 s. 2]
Sec. 25. [86B.421] [LICENSING BY POLITICAL SUBDIVISIONS.]
A political subdivision may not require watercraft to be
licensed. [361.03 s. 13]
WATERCRAFT EQUIPMENT
Sec. 26. [86B.501] [PERSONAL FLOTATION AND LIFESAVING
DEVICES.]
Subdivision 1. [PERSONAL FLOTATION OR LIFESAVING DEVICES.]
(a) Watercraft and duck boats using the waters of this state
must be equipped with the number and type of personal flotation
or lifesaving devices prescribed by the commissioner.
(b) The commissioner may not:
(1) require sailboards to be equipped with personal
flotation or lifesaving devices; or
(2) require persons on sailboards to wear personal
flotation or lifesaving devices or have them readily available.
[361.141 s. 1]
Subd. 2. [RENTED WATERCRAFT RESPONSIBILITY FOR LIFESAVING
DEVICES.] The owner of a business that rents, leases, or hires
out watercraft must provide a personal flotation or lifesaving
device of the type required by this section for each person on
board the watercraft. [361.141 s. 2]
Sec. 27. [86B.505] [WATERCRAFT CAPACITY PLATES.]
Subdivision 1. [REQUIREMENT.] (a) A watercraft 20 feet or
less in length manufactured for sale in this state after
December 31, 1980, except canoes, kayaks, sailboats, sailboards,
and inflatable boats, must have a capacity plate permanently
affixed to the watercraft by the manufacturer. The capacity
plate must contain information relating to maximum safe carrying
and power capacity specifications prescribed by the
commissioner. The information contained on the capacity plate
must, at a minimum, comply with the established standards and
regulations of the United States Coast Guard.
(b) For purposes of this section "manufacture" means to
construct or assemble a watercraft or alter a watercraft in a
manner that changes its weight and carrying capacity. [361.10
s. 1]
Subd. 2. [CERTIFICATION OF CORRECT INFORMATION.] The
information appearing on a capacity plate is deemed to certify
that the manufacturer has correctly and faithfully specified the
maximum safe carrying and horsepower capacity and that the
information is not a deliberate or negligent misrepresentation.
[361.10 s. 2]
Subd. 3. [VIOLATION.] A person who does not comply with
provisions of this section commits a violation for each
watercraft for which this section is not complied with. [361.10
s. 3]
Sec. 28. [86B.511] [LIGHTS.]
A watercraft using the waters of this state, when underway
or in use between sunset and sunrise, must carry and display the
lights prescribed by the commissioner for the watercraft.
[361.15 s. 1]
Sec. 29. [86B.515] [SIRENS AND SOUND-PRODUCING DEVICES.]
Subdivision 1. [SOUND-PRODUCING DEVICES.] Motorboats 16
feet or more in overall length using the waters of this state
must carry sound-producing devices as prescribed by the
commissioner. The operator of a motorboat shall sound these
devices only when reasonably necessary to insure safe
operation. [361.16 s. 1]
Subd. 2. [SIRENS.] (a) A siren may not be carried or used
on a watercraft other than patrol watercraft.
(b) A siren carried or used in violation of this
subdivision may be removed and seized by the sheriff. A seized
siren becomes the property of the county where it was seized and
may be used or disposed of as the county board determines.
[361.16 s. 2]
Sec. 30. [86B.521] [MOTORBOAT NOISE CONTROL.]
Subdivision 1. [EXHAUST MUFFLING SYSTEM REQUIRED.] A motor
may not be used on a motorboat unless it is equipped with an
efficient muffler, underwater exhaust or other device that
adequately muffles or suppresses the sound of the exhaust of the
motor so as to prevent excessive or unusual noise. A motor may
not be equipped with a cut-out. [361.17 s. 1]
Subd. 2. [SALE OF MOTOR THAT EXCEEDS NOISE LIMITS
PROHIBITED.] A person may not sell or offer for sale a new
marine engine or motorboat that would exceed the noise limits
contained in section 16, subdivision 2, under a test procedure
approved by the commissioner if the motor is maintained
according to the manufacturer's specifications. [361.17 s. 3]
Subd. 3. [MODIFICATION OF ENGINE TO EXCEED NOISE LIMITS
PROHIBITED.] (a) A person may not modify a marine engine or
motorboat in a manner that will amplify or increase the noise
emitted by the marine engine or motorboat above the noise limits
contained in section 16, subdivision 2, under a test procedure
approved by the commissioner.
(b) A person may not operate a motorboat with an engine
modified to increase noise above the noise limits. [361.17 s.
4]
Subd. 4. [SALE OF PARTS THAT CAUSE EXCESSIVE NOISE
PROHIBITED.] (a) A person may not sell or offer for sale
replacement or additional parts for a marine engine or motorboat
which when installed in the marine engine or motorboat will
amplify or increase the noise emitted by the marine engine or
motorboat above the noise limits contained in section 16,
subdivision 2, under a test procedure approved by the
commissioner.
(b) A person may not operate a motorboat incorporating
parts prohibited to be sold under paragraph (a). [361.17 s. 5]
Subd. 5. [APPLICABILITY.] The provisions of this section
do not apply to motorboats operating under a permit issued under
section 7 or a United States coast guard marine event permit in
a regatta, or race, while on trial runs, or while on official
trials for speed records during the time and in the designated
area authorized by the permit. [361.17 s. 7]
Sec. 31. [86B.525] [DEVICE FOR ARRESTING BACKFIRE.]
A motor other than a detachable outboard motor may not be
used on a watercraft unless each carburetor is fitted with a
device for arresting or safely deflecting backfire which is
approved or prescribed by the United States Coast Guard. The
devices must be maintained in serviceable condition. [361.18]
Sec. 32. [86B.531] [FIRE EXTINGUISHERS AND FUEL AREA
VENTILATION.]
Subdivision 1. [FIRE EXTINGUISHERS.] Inboard motorboats,
houseboats, and other motorboats carrying or using fuel or other
inflammable or toxic fluid in an enclosure of the boat must be
provided with the number, size, and type of fire extinguishers
as may be approved by the commissioner. Fire extinguishers
approved by the commissioner shall comply with requirements of
the United States Coast Guard. The extinguishers shall be at
all times kept in condition for immediate and effective use and
shall be so placed as to be readily accessible. [361.19 s. 1]
Subd. 2. [FUEL AREA VENTILATION.] Inboard motorboats,
houseboats, and other motorboats carrying or using fuel or other
inflammable or toxic fluid in an enclosure of the boat must be
provided with means for properly and efficiently ventilating the
bilges of the engine and fuel tank compartments as prescribed by
the commissioner to remove explosive or flammable gases.
[361.19 s. 2]
Sec. 33. [86B.535] [MARINE TOILETS.]
Subdivision 1. [RETENTION DEVICE REQUIRED.] A watercraft
or other marine conveyance on the waters of the state may not be
equipped with a marine toilet unless also equipped with a
retention device acceptable to the pollution control agency.
[361.29 s. 3]
Subd. 2. [LIST OF RETENTION DEVICES.] (a) The pollution
control agency shall, upon request, furnish a list of the types
of retention devices currently available and considered
acceptable for the purposes of this section for use with marine
toilets.
(b) The commissioner of natural resources shall furnish the
sheriff of each county with a list of retention facilities
acceptable to the pollution control agency. [361.29 s. 2]
SCUBA DIVING
Sec. 34. [86B.601] [SCUBA DIVING.]
Subdivision 1. [FLAG REQUIRED.] (a) A person who swims in
waters of the state, except designated swimming areas under
section 14, subdivision 4, while wearing or carrying a breathing
apparatus allowing the swimmer to breathe while under water,
except a snorkel that is not attached to an artificial container
of compressed air, must display a diver's flag above the surface
of the water.
(b) A person who places a diver's flag must remain within
50 feet of the flag, measured on the surface of the water.
(c) A person shall place a diver's flag where it will
obstruct navigation.
(d) A diver's flag shall measure at least 15 inches
horizontally and 12 inches vertically, and both sides shall have
a red-colored background bisected diagonally by a three-inch
wide white stripe having its upper end adjacent to the flagstaff.
(e) A diver's flag shall be displayed in a vertical plane
extended from a rigid flagstaff equipped to maintain the upper
edge of the flag at least 30 inches above the water surface.
(f) A diver's flag may be reflectorized or fluorescent
provided the entire surface is uniformly reflectorized or
fluorescent.
(g) A diver's flag may be anchored or secured to the bottom
when a safety hazard would result from towing the flag.
(h) If at the discretion of the diver it would be safer and
more visible, the flag may be displayed on a watercraft. If the
flag is displayed on the watercraft, the craft must be at anchor
or, if not at anchor, attended by a diver or a person appointed
by the diver to tend the craft. Only watercraft displaying an
official diver's flag are authorized in the diving area.
[361.085 s. 1]
Subd. 2. [GROUP DIVING.] (a) Not more than four divers may
dive under one flag.
(b) If a group of divers is operating in a contained area,
the perimeter must be marked and be outside of the normal area
of navigation. The markings shall consist of the official
diver's flag and be placed on the perimeter of the diving area
at intervals not exceeding 150 feet. [361.085 s. 1]
Subd. 3. [LIGHT REQUIRED FOR NIGHT DIVING.] A person may
not scuba or skin dive in waters of this state from one hour
after sunset to sunrise on the following day unless the diver
has in possession a diver's light that is visible from above the
water at a distance of at least 150 feet, except that a diver's
light is not required in an emergency, salvage, repair, or
construction operation. [361.085 s. 2]
Subd. 4. [NIGHT DIVING WITH SPEAR PROHIBITED.] A person
may not scuba or skin dive while in possession of a spear from
sunset to sunrise. [361.085 s. 2]
WATER SAFETY FUNDING
Sec. 35. [86B.701] [FUNDING COUNTY WATER SAFETY.]
Subdivision 1. [WATER AND WATERCRAFT SAFETY AND
ENFORCEMENT BUDGET.] (a) On or before September 1 of each
even-numbered year, the county board of each county shall submit
to the commissioner its proposed budget to carry out the
provisions of this chapter, during the biennium beginning on the
following July 1. [361.24 s. 2]
(b) The commissioner shall require a county to submit a
budget containing proposed activities that would adequately
carry out this chapter. [361.24 s. 3]
(c) The commissioner shall review the proposed budgets and
incorporate into the budget for the department of natural
resources the parts that the commissioner determines necessary
and equitable for each county. The amount allocated for each
county shall be paid to the county and a separate accounting
maintained. [361.24 s. 2]
(d) The commissioner may require each county to make
reports as to the expenditure of the funds. [361.24 s. 2]
(e) The commissioner shall publish a report annually
showing the expenditures, and distribute copies to all
participating counties. [361.24 s. 2]
Subd. 2. [FAILURE OF COUNTY TO SUBMIT BUDGET.] (a) If the
county fails to submit a budget or fails to carry out the
proposed activities after submitting a budget, the commissioner
may allocate all or a portion of the county's share back to the
department of natural resources or to political subdivisions
within the county, including lake conservation districts in part
or in whole within the county, that the commissioner determines
will provide watercraft safety enforcement, supervision,
marking, regulation, search and rescue, and information on
waters wholly or partially within their boundaries.
(b) The commissioner may require budgets or reports on the
expenditure of the funds.
(c) If the county sheriff determines that additional
outside assistance is necessary on a temporary, nonrecurring
basis for the purposes of boat and water safety, the sheriff may
request the assistance from the commissioner. The commissioner
may allocate emergency funding to the county, provide materials
or equipment on a temporary loan basis, or hire temporary
personnel. [361.24 s. 3]
Subd. 3. [ALLOCATION OF FUNDING.] (a) The amount of funds
to be allocated under subdivisions 1 and 2 and shall be
determined by the commissioner on the basis of the following
criteria:
(1) the number of watercraft using the waters wholly or
partially within the county;
(2) the number of watercraft using particular bodies of
water, wholly or partially within the county, in relation to the
size of the body of water and the type, speed and size of the
watercraft utilizing the water body;
(3) the amount of water acreage wholly or partially within
the county;
(4) the overall performance of the county in the area of
boat and water safety;
(5) special considerations, such as volume of transient or
nonresident watercraft use, number of rental watercraft,
extremely large bodies of water wholly or partially in the
county; or
(6) any other factor as determined by the commissioner.
(b) The commissioner may require reports from the counties,
make appropriate surveys or studies or utilize local surveys or
studies to determine the criteria required in allocation funds.
[361.24 s. 4]
Sec. 36. [86B.705] [ALLOCATION OF WATER RECREATION ACCOUNT
AND FINES AND FORFEITED BAIL MONEY.]
Subdivision 1. [WATER RECREATION ACCOUNT.] (a) A portion
of the money in the water recreation account shall be utilized
by the commissioner of natural resources to implement this
chapter and a portion shall be paid to counties and in an amount
the commissioner shall determine and be used to defray the
expenses of enforcement of the provisions of this chapter and
the expenses of a county sponsored or administered watercraft
and swimming safety instructional program.
(b) The commissioner may withhold up to $25,000 per
biennium of the allocation for the purpose of payments to
counties and other political subdivisions for specific boat and
water safety projects beyond the capability of previously
allocated funds.
(c) Counties and other political subdivisions shall make
application for payment of the funds on forms and for purposes
as prescribed by the commissioner. [361.27 s. 1]
Subd. 2. [FINES AND BAIL MONEY.] (a) All fines,
installment payments, and forfeited bail money collected from
persons convicted of violations of this chapter shall be paid to
the county treasurer of the county where the violation occurred
by the court administrator or other person collecting the money
within 15 days after the last day of the month the money was
collected.
(b) One-half of the receipts shall be credited to the
general revenue fund of the county. The other one-half of the
receipts shall be transmitted by the county treasurer to the
commissioner of natural resources to be deposited in the state
treasury and credited to the water recreation account for the
purpose of boat and water safety. [361.27 s. 2]
ENFORCEMENT
Sec. 37. [86B.801] [ENFORCEMENT AUTHORITY.]
Subdivision 1. [AUTHORITY.] (a) A sheriff or conservation
officer may stop, inspect, and detain for a reasonable time a
watercraft observed in violation of Minnesota Statutes or rules,
and is empowered to issue a summons and complaint for violations
of this chapter in the same manner as for violations of game and
fish laws.
(b) As used in this subdivision, "inspect" does not mean
the authority to board a watercraft. [361.215]
Subd. 2. [ENFORCEMENT DUTIES.] The sheriff of each county
and conservation officers shall enforce the provisions of this
chapter. [361.24 s. 1]
Sec. 38. [86B.805] [ENFORCEMENT WATERCRAFT.]
Subdivision 1. [WATER SAFETY ENFORCEMENT WATERCRAFT.]
Watercraft used primarily for enforcement shall be marked to be
visible from both sides of the watercraft. The markings shall
at a minimum identify the operating agency and be of a
contrasting color to the background. Lettering used for
identification, other than that used in an agency symbol, shall
be of block character and not less than three inches in height.
[361.215]
Subd. 2. [GAME AND FISH ENFORCEMENT WATERCRAFT.]
Watercraft that are used primarily for enforcement of game and
fish laws, when coincidentally enforcing this section, shall
either be marked through the flying of a pennant of a size and
marking prescribed by the commissioner, or through marking of
the watercraft itself under this section. [361.215]
Sec. 39. [86B.811] [CRIMINAL PENALTIES.]
Subdivision 1. [MISDEMEANORS.] Unless a different penalty
is specified, a person is guilty of a misdemeanor who:
(1) violates a provision of this chapter, or a rule of the
commissioner adopted under this chapter;
(2) operates any watercraft that does not conform to the
requirements of this chapter; or
(3) operates a watercraft if the operation is prohibited
under subdivision 2. [361.22 s. 1, s. 3; 361.29 s. 6]
Subd. 2. [YOUTH OPERATOR VIOLATIONS.] (a) An operator age
13 or older but younger than age 18, adjudicated by a juvenile
court as having violated section 14, subdivision 1, section 18,
or section 20, shall have the operator's permit revoked by the
commissioner.
(b) The commissioner shall issue a new permit to the
operator one year after the revocation upon successful
completion by the operator of a watercraft safety course.
(c) The judge of a juvenile court, that adjudicates an
operator of violating any of the laws or rules listed above,
shall require the surrender of the person's watercraft
operator's permit and shall forward the operator's permit to the
commissioner, with a record of the adjudication. [361.22 s. 2]
Sec. 40. [86B.815] [VIOLATION AS EVIDENCE IN CIVIL
ACTION.]
Subdivision 1. [PRIMA FACIE EVIDENCE OF NEGLIGENCE.] In
all civil actions a violation of this chapter by a party is not
negligence per se but is prima facie evidence of negligence.
[361.23]
Subd. 2. [CONVICTION RECORD NOT ADMISSIBLE.] The record of
the conviction of a person for a violation of this chapter is
not admissible as evidence in a court in a civil action.
[361.23]
Sec. 41. [EFFECTIVE DATE.]
Article 9 is effective January 1, 1991.
ARTICLE 10
Section 1. [EFFECT OF CHANGES IN THIS ACT.]
The legislature intends this act to be a clarification and
reorganization of provisions of laws affecting water. The
changes that have been made are not intended to alter the laws
affecting water and shall not be construed by a court or other
authority, to alter the meaning of the law. It is intended that
decisions construing laws that are recodified by articles 1 to
10 are not affected by the recodification. The revisor of
statutes shall publish the statutory derivation of the laws
recodified by articles 1 to 10 in Laws of Minnesota but may omit
them from Minnesota Statutes.
Sec. 2. [EFFECT ON ADMINISTRATIVE RULES.]
Notwithstanding the provisions of Minnesota Statutes,
section 14.05, subdivision 1, or other law to the contrary, the
repeal in this article of a law authorizing an agency to adopt
administrative rules, does not repeal the rules authorized. The
revisor need not recodify administrative rules solely because of
the enactment of articles 1 to 10.
Sec. 3. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall correct cross-references
to provisions contained in this act and, if amendments are
passed by the 1990 legislature using coding that is made
obsolete by articles 1 to 10, shall codify the amendments in a
manner that is consistent with this act. The revisor shall
prepare and provide a chart to show the reorganization of law
under this act.
(b) In the next edition of Minnesota Statutes, the revisor
of statutes shall renumber the sections in Column A with the
numbers in Column B.
Column A Column B
361A.01 86B.820
361A.02 86B.825
361A.03 86B.830
361A.04 86B.835
361A.05 86B.840
361A.06 86B.845
361A.07 86B.850
361A.08 86B.855
361A.09 86B.860
361A.10 86B.865
361A.11 86B.870
361A.12 86B.875
361A.13 86B.880
361A.14 86B.885
361A.15 86B.890
361A.16 86B.895
361A.17 86B.900
361A.18 86B.905
361A.19 86B.910
361A.20 86B.915
361A.21 86B.920
REPEAL OF RECODIFIED AND RELOCATED PROVISIONS
Sec. 4. [GENERAL REPEALER.]
Minnesota Statutes 1988, sections 40.01; 40.02; 40.03;
40.035; 40.036; 40.038; 40.04; 40.05; 40.06; 40.07; 40.071;
40.072; 40.073; 40.12; 40.13; 40.14; 40.15; 40.19; 40.20; 40.21;
40.22; 40.23; 40.242; 40.244; 40.246; 40.25; 40.26; 40.27;
40.28; 40.40; 40.41; 84.031; 84.032; 84.092; 84.158; 104.01;
104.02; 104.03; 104.04; 104.05; 104.06; 104.07; 104.08; 104.10;
104.11; 104.25; 104.31; 104.32; 104.33; 104.34; 104.35; 104.36;
104.37; 104.38; 104.39; 104.40; 104.42; 104.43; 104.44; 104.45;
104.46; 104.47; 104.48; 104.49; 104.50; 105.37; 105.38; 105.39;
105.391; 105.392; 105.40; 105.403; 105.405; 105.41, as amended;
105.415; 105.416; 105.417; 105.42; 105.43; 105.44; 105.45;
105.46; 105.461; 105.462; 105.463; 105.471; 105.475; 105.48;
105.482; 105.484; 105.485; 105.49; 105.50; 105.51; 105.52;
105.521; 105.53; 105.535; 105.541; 105.55; 105.63; 105.64;
105.72; 105.73; 105.74; 105.75; 105.751; 105.76; 105.77; 105.78;
105.79; 106A.005; 106A.011; 106A.015; 106A.021; 106A.025;
106A.031; 106A.035; 106A.041; 106A.043; 106A.045; 106A.051;
106A.055; 106A.061; 106A.065; 106A.071; 106A.075; 106A.081;
106A.085; 106A.091; 106A.095; 106A.097; 106A.101; 106A.202;
106A.212; 106A.215; 106A.221; 106A.225; 106A.231; 106A.235;
106A.238; 106A.241; 106A.245; 106A.251; 106A.255; 106A.261;
106A.265; 106A.271; 106A.275; 106A.281; 106A.285; 106A.291;
106A.295; 106A.301; 106A.305; 106A.311; 106A.315; 106A.321;
106A.323; 106A.325; 106A.331; 106A.335; 106A.341; 106A.345;
106A.351; 106A.401; 106A.405; 106A.411; 106A.501; 106A.505;
106A.511; 106A.515; 106A.521; 106A.525; 106A.526; 106A.531;
106A.535; 106A.541; 106A.545; 106A.551; 106A.555; 106A.601;
106A.605; 106A.611; 106A.615; 106A.621; 106A.625; 106A.631;
106A.635; 106A.641; 106A.645; 106A.651; 106A.655; 106A.661;
106A.701; 106A.705; 106A.711; 106A.715; 106A.721; 106A.725;
106A.728; 106A.731; 106A.735; 106A.741; 106A.745; 106A.801;
106A.805; 106A.811; 110.13; 110.14; 110.15; 110.16; 110.17;
110.18; 110.31; 110.32; 110.33; 110.34; 110.35; 110.36; 110.37;
110.38; 110.39; 110.40; 110.46; 110.47; 110.48; 110.49; 110.50;
110.51; 110.52; 110.53; 110.71, as amended; 110.72; 110B.01;
110B.02; 110B.04, as amended; 110B.08; 110B.10; 110B.12;
110B.15, as amended; 110B.22; 110B.25; 110B.28; 110B.30;
110B.35, as amended; 112.34; 112.35; 112.36; 112.37; 112.38;
112.39; 112.40; 112.401; 112.41; 112.411; 112.42; 112.421;
112.43; 112.431; 112.44; 112.45; 112.46; 112.47; 112.48; 112.49;
112.50; 112.501; 112.51; 112.52; 112.53; 112.54; 112.541;
112.55; 112.57; 112.58; 112.59; 112.60; 112.61, as amended;
112.611, as amended; 112.62; 112.63; 112.64; 112.65; 112.66;
112.67; 112.68; 112.69; 112.71; 112.72; 112.73, as amended;
112.74; 112.76; 112.761; 112.78; 112.79; 112.801; 112.82;
112.84; 112.85; 112.86; 112.87; 112.88; 112.89; 114.12; 114.13;
114B.01; 114B.02; 114B.03; 114B.031; 114B.04; 114B.05; 114B.06;
114B.07; 115.091; 115.092; 115.093; 115.094; 115.095; 115.096;
115.097; 115.098; 115.099; 115.10; 115.101; 115.102; 115.103;
116C.40; 116C.41, as amended; 361.01; 361.02; 361.03, as
amended; 361.041; 361.05; 361.055; 361.07; 361.08; 361.085;
361.09; 361.10; 361.11; 361.12; 361.121; 361.13; 361.141;
361.15; 361.16; 361.17; 361.18; 361.19; 361.20; 361.21; 361.215;
361.22; 361.23; 361.24; 361.25; 361.26; 361.27; 361.28; 361.29;
378.01; 378.02; 378.03; 378.04; 378.05; 378.06; 378.08; 378.09;
378.20; 378.21; 378.22; 378.31; 378.32; 378.321; 378.33; 378.34;
378.35; 378.401; 378.405; 378.41; 378.42; 378.43; 378.44;
378.45; 378.455; 378.46; 378.47; 378.51; 378.52; 378.53; 378.54;
378.545; 378.55; 378.56; 378.57; 465.18; 473.875; 473.876;
473.877, as amended; 473.8771; 473.878; 473.8785; 473.879;
473.881; 473.882, as amended; and 473.883, as amended; Minnesota
Statutes 1989 Supplement, sections 40.31; 40.42; 40.43; 40.44;
40.45; 40.46; 84.0921; 105.418; 105.81; and 110B.20; Laws 1967,
chapter 907; Laws 1969, chapter 272; Laws 1971, chapter 355;
Laws 1974, chapter 111; Laws 1977, chapter 322; and Laws 1982,
chapter 627 are repealed.
Sec. 5. [REPEAL OF JUDICIAL WATER LEVEL STABILIZATION
PROJECT AUTHORITY.]
(a) Minnesota Statutes 1988, sections 110.55; 110.56;
110.57; 110.58; 110.59; 110.60; 110.61; 110.62; 110.63; 110.64;
110.65; 110.66; 110.67; 110.68; and 110.69; and Minnesota
Statutes 1989 Supplement, section 110.70 are repealed.
(b) These sections contain obsolete provisions relating to
petition and judicial establishment of improvements to control
water levels; however, petitions received, proceedings, and
projects commenced before August 1, 1989, under the sections
repealed in paragraph (a) may continue until their completion.
Presented to the governor April 5, 1990
Signed by the governor April 6, 1990, 6:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes