Minnesota Administrative Rules

8410.0140 PLAN CONTENTS; AMENDMENTS.

Subpart 1.

Amendment section.

Each plan must contain a section entitled "Amendments to Plan" containing the year the plan extends to and establishing the process by which interim amendments may be made and who may initiate the amendments.

Subp. 2.

General amendment procedure.

All amendments to a plan must adhere to the review process provided in Minnesota Statutes, section 103B.231, subdivision 11, except when the proposed amendments constitute minor amendments and:

A.

the watershed management organization has held a public meeting to explain the amendments and published a legal notice of the meeting twice, at least seven days and 14 days before the date of the meeting;

B.

the organization has sent copies of the amendments to the affected local units of government, the Metropolitan Council, and the state review agencies for review and comment; and

C.

the board has either agreed that the amendments are minor or failed to act within 45 days of receipt of the amendments.

Subp. 3.

Minor amendments to capital improvements.

Amendments to an approved plan's capital improvement program may be considered to be minor plan amendments if the following conditions are met:

A.

the original plan set forth the capital improvements but not to the degree needed to meet the definition of "capital improvement program" as provided in Minnesota Statutes, section 103B.205, subdivision 3; and

B.

the affected county or counties have approved the capital improvement in its revised, more detailed form.

Subp. 4.

Form of amendments.

Unless the entire document is reprinted, all amendments adopted by the organization must be printed in the form of replacement pages for the plan, each page of which must:

A.

on draft amendments being considered, show deleted text as stricken and new text as underlined;

B.

be renumbered as appropriate; and

C.

include the effective date of the amendment.

Subp. 5.

Distribution of amendments.

Each organization must maintain a distribution list of agencies and individuals who have received a copy of the plan and shall distribute copies of amendments within 30 days of adoption. All organizations should consider sending drafts of proposal amendments to all plan review authorities to seek their comments before establishing a hearing date or commencing the formal review process.

Statutory Authority:

MS s 103B.101; 103B.211; 103B.231; 103B.227

History:

17 SR 146

Published Electronically:

October 13, 1997