Minnesota Administrative Rules

8410.0170 STRUCTURE.

Subpart 1.

Purpose.

Each local plan must have a section entitled "Purpose" outlining the purposes of the water management programs required by Minnesota Statutes, sections 103B.205 to 103B.255.

Subp. 2.

Water resource management related agreements.

Appropriate water resource management related agreements that have been entered into by the local community must be outlined, including joint powers agreements related to water management that the local community may be party to between itself and watershed management organizations, adjoining communities, or private parties. Available information concerning these agreements in general conformance with the content of joint powers agreements for organizations as outlined in part 8410.0030 must be included.

Subp. 3.

Executive summary.

Each plan shall have a section entitled "Executive Summary" that generally summarizes the content of the local plan in a manner similar to that required for organization plans under part 8410.0050.

Subp. 4.

Land and water resource inventory.

Each local plan must contain a composite land and water resource inventory containing all relevant data from organization plans affecting it consistent with the data required by part 8410.0060.

Subp. 5.

Establishment of policies and goals.

Each local plan must state specific goals and corresponding policies related to the purpose of these plans, be consistent with the policies and goals of the organization plans within the city or township, and address the relation of the local plan to the regional, state, and federal goals and programs outlined in part 8410.0070.

Subp. 6.

Assessment of problems.

Each plan must contain a summary assessment of existing or potential water resource related problems, including those identified in organization plans that affect the community. The problem assessment must be completed for only those areas within the corporate limits of the community and meet the same content requirements as those outlined for organization plans under part 8410.0080, subparts 1 and 2.

Subp. 7.

Corrective actions.

Each local plan shall describe nonstructural, programmatic, and structural solutions to the problems identified in subpart 6. The mandatory actions for organization plans outlined in part 8410.0100, subparts 1 to 6, shall be considered except that actions must be limited to those that can be implemented at a local level. All corrective actions must be consistent with the organization plans having jurisdiction in the municipality or township.

Subp. 8.

Financial considerations.

Each local plan must contain an analysis of the financial impact of implementation of the proposed regulatory controls and programs identified under subpart 7. The analysis must include, at a minimum, the following items:

A.

the estimated cost of adoption and enforcement of local controls and standards for the local municipality;

B.

the estimated annual cost of implementation of other specified programs to each local municipality;

C.

a discussion of local ability to fund adoption of and enforcement of local controls and standards, implementation of other specified programs, and capital improvements, including:

(1)

levy limit constraints;

(2)

effect on other city funding needs;

(3)

establishment of watershed management taxing districts;

(4)

creation of storm water utilities; and

(5)

monetary impact against homes or farmsteads in affected community;

D.

the impact on the local municipality of local implementation of each capital improvement project component if ad valorem financing is used; and

E.

a summary of grant funding that would likely be available to fund water management projects and programs.

Subp. 9.

Implementation priorities.

Each local plan must prioritize implementation components to make the best use of available local funding and prevent future water management problems from occurring to the maximum practical extent. Local plans must prioritize organization plan implementation components in line with organization priorities as outlined under part 8410.0120 only for implementation components that must be facilitated by the local municipality or township.

Subp. 10.

Implementation program.

Each local plan must outline required implementation components that apply at a local level. These components shall be consistent with the required plan components outlined for organization plans under part 8410.0130. Official local controls must be enacted within six months of adoption of the local plan.

Subp. 11.

Amendment procedures.

Each local plan must contain a section entitled "Amendments to Plan" containing the year the plan extends to and establishes the process by which amendments may be made. The amendment procedure shall conform with the plan amendment procedure outlined in the organization plans that affect the community. Local plan amendments must be forwarded to each organization affected by the local plan amendment for review and approval before adoption.

Subp. 12.

Submittal and review.

After consideration and before adoption, the local plan shall be submitted to all affected organizations for review according to Minnesota Statutes, section 103B.235. Each local unit of government must also notify affected organizations within 30 days of adoption and implementation of the plan, including the adoption of necessary official controls.

Statutory Authority:

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

History:

17 SR 146

Published Electronically:

October 13, 1997