HomeMy WebLinkAboutMN Rules Table of Chapters Minnesota Rules Chapter 8410
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Minnesota Rules Table of Chapters
CHAPTER 8410
BOARD OF WATER AND SOIL RESOURCES
LOCAL WATER MANAGEMENT
8410.0010IIScope.
8410.0020IIDefinitions.
8410.0030IIContent of joint powers agreements.
8410.0040IIRemoval of organization representatives.
8410.0050IIExecutive summary.
8410.0060IILand and water resource inventory.
8410.0070IIImpact on other units of government.
8410.0030IIEstablishment of goals and policies.
841.0.0Q90IIAssessment of problems.
f410.0100IIImplementation program.
8410.0110IIImpact on local government.
8410.0120IIImplementation priorities.
8410.0130IIImplementation components.
8410.0140IIPlan contents; amendments.
8410.0150IIAnnual reporting requirements.
8410.0160IIGeneral structure.
8410.0170IIStructure.
8410.0180IIDeterminations of failure to implement.
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Minnesota Rule 8410.0010
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Minnesota Rules, Table of Chapters
Table of contents for Chapter 8410
8410.0010 SCOPE.
Subpart 1. Application. Upon adoption, parts 8410.0010 to
8410.0180 apply to the general administration of metropolitan
watershed management activities and to amendments to existing
plans made after January 1, 1995. If no plan has been submitted
to the board by August 3, 1992, any plan thereafter submitted
must be in compliance with parts 8410.0010 to 8410.0180. A
watershed management organization must amend its plan consistent
with parts 8410.0010 to 8410.0180 and submit amendments to the
board according to its amendment schedule and amendment
procedures outlined in part 8410. 0140, but not later than ten
years from the date of initial plan approval.
Subp. 2. Failure to implement plans. When the board
determines that a plan is not being properly implemented under
an action initiated according to part 8410.0180, and there is
reason to believe that an improved plan would lead to improved
water management, the board may direct the responsible
authorities to develop an amended plan within a reasonable time
frame. In making this determination, the board must consider
items including, but not limited to:
A. when the plan was approved and adopted;
B. the status of local plan development and adoption;
C. the scope and anticipated costs to amend;
D. the availability of funds; and
E. the potential short- and long-term adverse impacts
on the natural resources of the affected watershed.
STAT AUTH: MS s 103B. 101; 103B.211; 103B.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
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2/11/2005
Minnesota Rule 8410.0020 Page 2 of-3
given on maps prepared by the Metropolitan Council. The latest
version of the map identifying the area is incorporated by
reference and is subject to periodic change. The latest version
of the map identifying the area is available from the state law
library through the Minitex interlibrary loan system. The area
is the seven-county metropolitan area that the council is
committed by policy to provide regional planning for sanitary
sewer, highway, transit, park, and airport facilities.
Subp. 13. Natural surface water storage and retention
systems. "Natural surface water storage and retention systems"
means public waters and wetlands as defined in Minnesota
Statutes, section 103G.005, subdivisions 15 and 19.
Subp. 14 . Official controls. "Official controls" has the
meaning given it in Minnesota Statutes, section 473.852.
Subp. 15. Plan. "Plan" means the watershed management
plan prepared by a watershed management organization or county
as required by Minnesota Statutes, section 103B.231, subdivision
1.
Subp. 16. Plan review authorities. "Plan review
authorities" means the Metropolitan Council, the Department of
Health, the Department of Natural Resources, the Pollution
Control Agency, the Board of Water and Soil Resources, and
counties, cities, towns, and soil and water conservation
districts partially or wholly within the watershed management
organization as defined in Minnesota Statutes, section 103B.231,
subdivisions 7, 8, and 9.
Subp. 17. Public waters. "Public waters" means waters of
the state identified as public waters under Minnesota Statutes,
section 103G.005, subdivision 15.
Subp. 18. Seven-county metropolitan area. "Seven-county
metropolitan area" means the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington, excluding the corporate
boundaries of the city of New Prague.
Subp. 19. Subwatershed unit. "Subwatershed unit" means a
hydrologic area less than the entire area under the jurisdiction
of a watershed management organization.
Subp. 20. Watershed. "Watershed" means a drainage area
with boundaries that are substantially coterminous with those of
an aggregation of contiguous minor watershed units possessing
similar drainage patterns and that cross the borders of two or
more local government units.
Subp. 21. Watershed district. "Watershed district" means
a district established under Minnesota Statutes, chapter 103D.
Subp. 22. Watershed management organization or
organization. "Watershed management organization" or
"organization" means: (1) a watershed district wholly within
the metropolitan area; or (2) 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 that has the characteristics and the
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Minnesota Rule 8410.0020 Page 1 of 3
Minnesota Rules, Table of Chapters
Table of contents for Chapter 841._0
8410.0020 DEFINITIONS.
Subpart 1. Scope. The definitions in this part and in
Minnesota Statutes, section 103B.205, apply to parts 8410.0010
to 8410.0180.
Subp. 2. Board. "Board" means the Minnesota Board of
Water and Soil Resources created by Minnesota Statutes, section
1038. 101.
Subp. 3. Capital improvement. "Capital improvement" means
a physical improvement that is not directed toward maintenance
of an in-place system during its life expectancy.
Subp. 4. Metropolitan Council or council. "Metropolitan
Council" or "council" means the Metropolitan Council as created
by Minnesota Statutes, section 473. 123.
Subp. 5. Flooding problem. "Flooding problem" means a
flooding problem that has been identified as a problem by the
watershed management organization or local unit of government.
Subp. 6. Groundwater plan. "Groundwater plan" means a
county plan adopted under Minnesota Statutes, section 1038.255.
Subp. 7 . Local comprehensive plan. "Local comprehensive
plan" has the meaning given "comprehensive plan" in Minnesota
Statutes, section 473.852, subdivision 5.
Subp. 8. Local government unit or unit. "Local government
unit" or "unit" has the meaning given it in Minnesota Statutes,
section 473.852, subdivision 7.
Subp. 9. Metropolitan Water Management Act. "Metropolitan
water management act" has the meaning given it in Minnesota
Statutes, sections 1038.201 to 103B.255.
Subp. 10. Minor plan amendments. "Minor plan amendments"
means items such as recodification of the plan, revision of a
procedure meant to streamline administration of the plan,
clarification of the intent of a policy, the inclusion of
additional data not requiring interpretation, or any other
action that will not adversely affect a local unit of government
or diminish a water management organization's ability to achieve
its plan's goals or implementation program.
Subp. 11. Minor watershed unit. "Minor watershed unit"
means each of the approximately 5, 600 minor watershed units
delineated on the state watershed boundaries map prepared under
the requirements of Laws 1977, chapter 455, section 33,
subdivision 7, paragraph (a) .
Subp. 12. Metropolitan Urban Service Area or area.
"Metropolitan Urban Service Area" or "area" has the meaning
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authority specified under Minnesota Statutes, section 1033.211.
Counties may be watershed management organizations if a joint
powers watershed management organization does not perform and
the responsibility for plan preparation is deferred to the
counties. Lake improvement or conservation districts are not
watershed management organizations.
Subp. 23. Wetlands. "Wetlands" means waters of the state
identified as wetlands under Minnesota Statutes, section
103G.005, subdivision 19.
Subp. 24 . Wetland banking system. "Wetland banking system"
means an accounting system established by a unit of government
for the purpose of tracking and managing net losses and gains to
wetland values that occur as a result of development.
STAT AUTH: MS s 1038. 101; 103B.211; 1038.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0030
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Minnesota Rules, Table of Chapters
Table of contents tents for Chapter 8410
8410.0030 CONTENT OF JOINT POWERS AGREEMENTS.
Subpart 1. Requirements. In addition to a description of
any authorities adopted under the content requirements of joint
powers agreements as outlined in Minnesota Statutes, section
1033.211, subdivision 1, joint powers agreements establishing a
watershed management organization must, at a minimum, contain
the following items:
A. a purpose statement consistent with Minnesota
Statutes, section 1033.201;
B. a complete legal description defining the boundary
of the organization;
C. a requirement to adopt rules of order and
procedure;
D. a process for establishing an annual budget and
work plan;
E. a formula for determining each member's share of
the annual operating budget;
F. a statement of how member appointees are to be
compensated;
G. a procedure providing for the establishment of
citizen and technical advisory committees or other means of
public participation;
H. a section defining the powers and duties of the
organization;
I. a section establishing the duties and terms of the
officers of the organization;
J. a notification process on the location and time of
meetings;
K. a section defining the voting requirements for
decision making and capital improvements consistent with
Minnesota Statutes, section 1038.211, subdivision 1, paragraph
(c) ;
L. a section outlining meetings to be scheduled at
least annually;
M. the process and responsibilities of the
organization and its members for filling vacancies consistent
with Minnesota Statutes, section 1033.227, subdivisions 1 and 2;
N. the duration of the agreement and a process for
dissolution that provides for at least 90 days' notice of the
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intent to dissolve to the affected counties and the board; and
0. a section defining how the membership will be
represented, with the total number of representatives to be at
least three.
Subp. 2. Updating. Joint powers agreements must be
updated if necessary to be in conformance with this chapter no
later than July 27, 1993.
Subp. 3. County membership. A county may be a member of a
joint powers agreement organization when the conditions
described in Minnesota Statutes, section 103B.211, subdivision
3, are present.
STAT AUTH: MS s 103B.101; 1032.211; 1032.231; 1032.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0040 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of contents for Chapter 84.10
8410.0040 REMOVAL OF ORGANIZATION REPRESENTATIVES.
A manager of a watershed district or a member of a joint
powers board may be removed from the position by the appointing
authority before term expiration for violation of a code of
ethics of the watershed management organization or appointing
authority or for malfeasance, nonfeasance, or misfeasance, after
being provided an opportunity for hearing before the appointing
authority. Managers holding the position as an elected official
who are not reelected, or are serving an indefinite term at the
pleasure of the appointing authority, may be removed by the
appointing authority at will. A decision of the appointing
authority may be appealed to the Board of Water and Soil
Resources.
STAT AUTH: MS s 1033. 101; 103B.211; 1033.231; 1033.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0050
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Minnesota Rules, Table of Chapters
Table of contents for Chapter 8410
8410.0050 EXECUTIVE SUMMARY.
Each plan must have a section entitled "Executive Summary. "
The summary should outline the purpose of the watershed
management organization; the membership of the organization's
board of managers; the general boundaries of the organization; a
brief history of the organization; a summary of the
organization's goals, problems, and potential solutions; and the
general content of required local plans.
STAT AUTH: MS s 103B. 101; 103B.211; 103B.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0060
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Minnesota Rules, Table of Chapters
Table of contents for Chapter 8410
8410.0060 LAND AND WATER RESOURCE INVENTORY.
Subpart 1. Required. Each plan must contain an inventory
of water resource and physical factors affecting the water
resources based on existing records and publications. If data
publications and maps are available at a convenient central
location, they may be included by reference. The plan must
include a brief summary of the data and must identify where the
publication can be obtained. At a minimum, the information in
subparts 2 to 11 must be included in the plan. Subparts 2 and
4, item E, may be in the local plan instead of the watershed
management organization plan.
Subp. 2. Precipitation. Each plan must include
precipitation data normally used in the seven-county
metropolitan area for hydrologic and hydraulic design.
Subp. 3. General geology and topographic data. Each
organization plan shall contain a summary describing the general
topographic relief, geology, aquifers, and all known groundwater
and surface water connections. The summary should reference
available publications and maps where data may be available in
greater detail. A map defining appropriate subwatershed units
within the organization must be included.
Subp. 4. Surface water resource data. Necessary surface
water data within the watershed includes:
A. a map of the public waters and public ditch
systems established under Minnesota Statutes, chapter 103D or
103E, including the location of existing dams and control
structures;
B. a copy of the National Wetlands Inventory Map
produced by the United States Fish and Wildlife Service and, if
considered useful by the organization, a copy of the
Metropolitan Mosquito Control District Mosquito Control Wetland
Inventory;
C. either an inventory of the functional values of
the wetlands present, a provision for a phased project to create
the inventory within a given time frame, or the adoption of a
specific process to identify the functional values on a
case-by-case basis for the review of individual project
proposals, all of which must be consistent with Minnesota
Statutes, section 103B. 3355;
D. a table of the major hydrologic characteristics of
public waters if provided by the Department of Natural Resources
in a format that can be readily incorporated in a plan;
E. maps showing the areas served by each existing
stormwater system that identify existing stormwater ponds and
the location of all stormwater outfalls;
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F. a table summarizing available information on the
100-year flood levels and peak discharges of existing and
proposed stormwater ponds and flood profile information that
corresponds to the peak discharges of channelized flow passing
through the watershed. The plan shall determine the need for
additional data and recommend a schedule for the data. A
discussion must also be provided relative to the consistency of
the flood profile information developed as part of the
stormwater management plan to that of any information published
in a Federal Emergency Management Agency flood insurance study;
G. a general discussion of, or a map showing areas
of, known flooding problems not identified as flood-prone in a
published flood insurance study;
H. a listing of the existing flood insurance studies
and a location of where they can be viewed;
I . a summary of water quality data and any related
information, if available, from the Pollution Control Agency,
the Department of Natural Resources, the Department of
Transportation, the Department of Health, the Metropolitan
Council, the Metropolitan Waste Control Commission, the water
management organization, the soil and water conservation
district, and the affected counties and cities;
J. a map or list, if available, showing the location
of known existing and abandoned surface water quality and
quantity monitoring sites;
K. a list of municipalities with approved shoreland
ordinances and projected completion dates for those without
ordinances; and
L. a table listing the amounts and locations of all
surface water appropriations as permitted by the Department of
Natural Resources and provided to the organization.
Subp. 5. Groundwater resource data. Necessary groundwater
data includes any data required to be included in the
organization plan by a county groundwater plan. If a county
groundwater plan is not anticipated to be completed, the
organization plan must include groundwater data as necessary to
allow groundwater issues to be addressed.
Subp. 6. Soil data. Each organization plan must include a
general discussion of the types of soil present, their
development limitations, their infiltration characteristics, and
their tendency to erode. The discussion must include a list of
references where more detailed data are available.
Subp. 7. Land use and public utility services. Necessary
land use and public utility services information is limited to
information that existed at the time the plan or plan amendment
was developed, including:
A. a general map of existing land uses;
B. a general map showing anticipated land uses; and
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Minnesota Rule 8410.0060
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C. reference to the location of the metropolitan
urban service area.
Subp. 8. Water-based recreation areas and land ownership.
Necessary information on water-based recreation areas and land
ownership includes a map or a discussion of the location of all
existing and proposed local, regional, state, and federal parks,
preserves, wildlife areas, recreation areas, canoe routes, and
water accesses available for use by the public.
Subp. 9. Fish and wildlife habitat. Necessary information
on fish and wildlife habitat includes:
A. a list and description of the Department of
Natural Resources ecological and management classifications for
lakes and streams, where available;
B. a list and description of the conclusions and
recommendations of biological surveys or reconnaissance studies,
where available; and
C. a description of state management plans for fish
and wildlife areas, where available.
Subp. 10. Unique features and scenic areas. Necessary
unique feature and scenic area information includes a map or a
description or listing of unique features and scenic areas with
relationships to water including state designated natural and
scientific areas; areas containing county, state, and federal
rare and endangered species; and other features such as
waterfalls, springs, historic mills, and heritage elements
identified by the Department of Natural Resources heritage
program, to the extent it is available from the department.
Subp. 11. Pollutant sources. Necessary information on
pollutant sources includes a map or list from appropriate
agencies of:
A. known closed and open sanitary landfills, closed
and operating open dumps, and hazardous waste sites identified
under Minnesota Statutes, chapter 115A or 1158, and a summary of
available water quality information relating to these sites; and
B. feedlots, abandoned wells as defined by the
Department of Health, registered underground and aboveground
storage tank sites, permitted wastewater discharges, and a
summary of available water quality information relating to these
sites.
If the information in this subpart is included in a county
groundwater plan, the information can be excluded from the
organization plan if suitable references are provided.
STAT AUTH: MS s 103B. 101; 103B.211; 1033.231; 1033.227
HIST: 17 SR 146
7urrent as of 10/13/97
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Minnesota Rule 8410.0070 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of contents fbr Chapter 84.1.0
8410.0070 IMPACT ON OTHER UNITS OF GOVERNMENT.
During the development of its plan or plan amendments, each
watershed management organization shall request a summary of the
relevant water management policies and goals of each local,
regional, and state review authority identified in Minnesota
Statutes, section 1033.231, subdivisions 7, 8, and 9. The
organization shall take into consideration the goals and
policies of the review authorities when drafting the
organization's goals and policies. The organization's plan
shall clearly outline and justify anticipated inconsistencies
between its goals and policies and those of the authorities who
responded if the requested information is furnished within 45
days of the organization's request.
STAT AUTH: MS s 103B. 101; 103B.211; 103B.231; 1038.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0080 Page 1 of 2
Minnesota Rules, Table of Chapters
Table of contents fpr Chapter 8410
8410.0080 ESTABLISHMENT OF GOALS AND POLICIES.
Subpart 1. Plan contents. Each plan must contain specific
goal statements and corresponding policies relating to the
overall purposes specified in Minnesota Statutes, section
103B.201. The goals and policies of the watershed management
organization shall attempt to avoid conflict with county,
regional, or state goals and policies. The goals must be
outlined in sufficient detail to provide direction regarding
what the policies should accomplish, provide direction to the
organization's board, and allow for the success or failure of
the goals and policies to be quantified. The goals and policies
should recognize the fundamental relationship between water
quality and land use. Development of goals and policies must,
at a minimum, address the issues in subparts 2 to 9.
Subp. 2. Water quantity. Each plan must outline goals and
policies describing how stormwater runoff will be managed. The
maximum allowable peak runoff must be established for
appropriate subwatersheds to the extent necessary to assure that
the goals and policies of the organization will be met and
address how runoff from developments creating more than one acre
of new impervious surface will be managed with respect to
Minnesota Statutes, section 103B.3365. The plan must describe
the criteria used for defining "appropriate subwatersheds. "
Subp. 3. Water quality. Each plan must outline specific
water quality goals and policies for natural surface water
storage and retention systems within the organization. Goals
should be related to parameters or quantities that can be
measured. The relationship of land use to water quality should
be considered when developing goals and policies. The goals and
policies should be developed to strive for compliance with
applicable water quality standards and be suitable for the
intended uses of natural surface water storage and retention
systems.
Subp. 4. Recreation and fish and wildlife. Each plan must
outline how water resource based recreational activities and
wildlife interests will be protected or improved through the
implementation of the plan. In consideration of these issues,
the plan must determine whether there is a need to classify or
prioritize individual water resources for management purposes.
Subp. 5. Enhancement of public participation; information
and education. Each plan must outline goals and policies
describing who will participate and when public participation
will be encouraged. Goals and policies must at least address
the creation and purposes of advisory committees and public
information programs.
Subp. 6. Public ditch systems. If public ditch systems
constructed under Minnesota Statutes, chapter 103D or 103E, are
within the organization, the plan shall by policy define the
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organization's relationship to the ditch authority and recommend
whether or not there are advantages to managing the ditch
systems under the Metropolitan Water Management Act and
determine whether ditch maintenance activities have the
potential of adversely impacting any goal of the organization.
Subp. 7 . Groundwater. If a county groundwater plan has
not commenced at the time the plan or plan amendment is
initiated, the organization shall assess the need and degree of
involvement the organization has in groundwater management and
establish appropriate goals and policies .
Subp. 8. Wetlands. Each plan must outline specific goals
and policies regarding the management of wetlands within the
organization and identify high priority areas for wetland
preservation, restoration, and establishment. Wetland
management goals and policies should address utilization,
protection and preservation, and the enhancement or restoration
of wetlands identified in the organization. Each plan must also
evaluate the need to establish a wetland banking system.
Subp. 9. Erosion. Each plan must identify specific goals
and policies that will control soil erosion consistent with the
goals and policies outlined in this part.
STAT AUTH: MS s 103B. 101; 1032.211; 1032.231; 1032.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0090 Page 1 of 2
Minnesota Rules, Table of Chapters
Table of contents for Chapter 8410
8410.0090 ASSESSMENT OF PROBLEMS.
Each plan must contain an assessment of existing and
potential water resource related problems using a combination of
analysis of land and water resource data collected under part
a410. 0060 and through the identification of existing or
potential problems by residents or local, regional, or state
agencies. During the development of the assessment, the
watershed management organization shall request a brief
assessment of existing problems affecting the organization from
the plan review authorities, the Department of Transportation,
and the Department of Agriculture based on data, plans, and
other documentation in their possession. The organization
should solicit comments from residents and local officials in
the watershed district for information about problems that may
be primarily local in nature. The organization's assessment
shall include a discussion of the relationship of locally
identified problems to problems identified by the plan review
authorities, provided the information is received within 45 days
of the organization's written request. The assessment of
existing and potential problems as determined by the
organization must, at a minimum, include the following topic
areas:
A. specific lakes and streams with water quality
problems;
B. flooding and stormwater rate control issues within
and between communities;
C. impacts of water quality and quantity management
practices on recreation opportunities;
D. impacts of stormwater discharges on water quality
and fish and wildlife resources;
E. impact of soil erosion on water quality and
quantity;
F. general impact of land use practices and, in
particular, land development and wetland alteration on water
quality and water quantity;
G. the adequacy of existing regulatory controls to
manage or mitigate adverse impacts on public waters and
wetlands;
H. the adequacy of programs to:
(1) limit soil erosion and water quality
degradation;
(2) maintain the tangible and intrinsic values of
natural storage and retention systems; and
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(3) maintain water level control structures;
I . the adequacy of capital improvement programs to
correct problems relating to:
(1) water quality;
(2) water quantity management;
(3) fish and wildlife habitat and public waters
and wetland management; and
(4) recreational opportunities; and
J. future potential problems that are anticipated to
occur generally within a 20-year period based on growth
projections and planned urbanization identified in local and
regional comprehensive plans. The assessments must include a
discussion of the relationship between locally identified
problems and the problems and goals identified in county,
regional, state, and federal plans that are brought to the
attention of the organization.
STAT AUTH: MS s 103B.101; 103B.211; 1033.231; 1038.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0100
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Minnesota Rules, Table of Chapters
Table of contents fbr Chapter 8410
8410.0100 IMPLEMENTATION PROGRAM.
Subpart 1. Plan contents. Each plan must describe an
implementation program consisting of nonstructural, structural,
and programmatic solutions to the problems, issues, and goals
identified under parts %3410.0050 and 541.0.0e90. In developing
its implementation program, the requirements in subparts 2 to 7
must be followed. Each plan should clearly define the
responsibility of the watershed management organization and the
local units of government in carrying out the implementation
program and further define the organization's role when a local
unit of government is considering a variance or fails to
implement its water resource management responsibilities.
Subp. 2. Regulatory controls. In establishing required
regulatory controls, items A to E must be considered.
A. Each plan must provide for the regulation of
activities in wetlands and specify respective duties of the
organization and local units of government. Each plan must
describe local controls and procedures regarding carrying out
the local government responsibilities under the Wetland
Conservation Act of 1991, Laws 1991, chapter 354, and any rules
adopted under it. Each plan must also define any other controls
the organization has determined to be necessary to achieve its
water management goals that may be more restrictive than those
required by the Wetland Conservation Act of 1991, Laws 1991,
chapter 354. The description must consider, where applicable,
the following topics:
(1) the relationship of the organization, state
agencies, local soil and water conservation districts, and
affected counties, cities, and towns with respect to authority,
administration, and coordination;
(2) designated repositories for required maps or
inventories of wetlands;
(3) procedures related to enforcement;
(4) a description of local wetland banking
programs and their relationship to a corresponding state
program; and
(5) the methods and procedures to be used in
determining replacement of wetland values in mitigation
proposals.
B. The organization shall specify controls or
programs to reduce erosion and sedimentation to receiving
waters. In rural areas, agricultural crop land erosion may be
controlled by implementing zoning ordinances consistent with
part 6120.3300, subpart 7, and may include other water resources
outside of designated shoreland areas as considered appropriate
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by the organization. Organizations affected by specific state
laws requiring adoption of uniform countywide erosion and
sediment control standards or programs must comply with those
laws. Any other organization must either adopt by reference an
existing set of erosion and sediment control guidelines or best
management practices published by a county, a soil and water
conservation district, the board, or the Pollution Control
Agency, or establish comparable erosion and sedimentation
guidelines of its own for the purpose of administering erosion
controls.
C. Each plan must specify controls that require all
appropriate building permits, driveway permits, and grading
permits to contain enforceable provisions to protect soil from
erosion during and after construction, including sites for which
approved erosion control plans are in place.
D. Each plan must identify member local units of
government that have failed to adopt and administer a Department
of Natural Resources approved shoreland and floodplain ordinance
where mandated by state law. If the plan notes that flood
damage has occurred outside of mapped floodplains or a potential
for flooding exists adjacent to stormwater facilities, the plan
shall require the local unit of government to determine if
additional local controls are necessary to address the situation.
E. If a plan notes the existence of certain land uses
that could adversely affect the organization's ability to
achieve its water quality goals, and these uses cannot be
properly managed or regulated with existing controls, the uses
constitute a public nuisance according to Minnesota Statutes,
section 609.74 . In those cases, the plan must provide for the
adoption of local controls to define and abate the nuisances.
For the purpose of this chapter, public nuisances may include
any action, failure to act, or land use practice that would
impair water quality if allowed to continue.
Subp. 3. Stormwater and drainage design performance
standards. Each plan must contain minimum standards and provide
for appropriate controls for the design of new stormwater
conveyance, ponding, and treatment systems consistent with the
overall goals of the organization plan and consistent with
Minnesota Statutes, section 103B.3365, subdivision 4. Included
will be performance standards that provide for:
A. the establishment of target in-lake nutrient
concentrations and corresponding pollutant loadings for sediment
and nutrients;
B. the establishment of maximum permissible runoff
rates for selected design storms based on considerations such as
existing and future flood levels and expected increases in
runoff volume with respect to impacts on downstream channels and
adjacent development;
C. the establishment of standards to reduce the
impacts of flooding on natural resources and personal and real
property;
D. the establishment of design criteria for
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Minnesota Rule 8410.0100 Page 3 of 4
stormwater outlet structures to address floatable pollutants and
to provide for access for maintenance and repair;
E. pond design methodology for nutrient entrapment
consistent with the subwatershed goals; and
F. compliance with pollutant loading for specific
subwatersheds consistent with local, regional, and statewide
plans in consideration of Pollution Control Agency water quality
standards.
Subp. 4. Information program. Each plan must provide for
the publishing of at least one written communication per year
identifying the representatives on the organization's board,
current advisory committee members, how to contract the
organization, its role in local water management, the goals and
policies of the organization, when public meetings are held, how
the organization is financed, where the plan can be viewed, and
other information relative to the implementation of the plan.
The communication may be accomplished through the publication of
a newsletter, publication of all or a portion of an annual
report, an article or news release submitted to a local
newspaper widely distributed in the member communities, an
attachment to a sewer or water bill, or other similar media
format that annually reaches the general population.
Subp. 5. Data collection programs.
A. Each plan must establish water quality and
quantity monitoring programs that are capable of producing
accurate data to the extent necessary to determine whether the
water quality and quantity goals of the organization are being
achieved. The programs shall, at a minimum, include the
location of sampling, the frequency of sampling, the proposed
parameters to be measured, and the requirement of periodic
analysis of the data.
B. Each plan should encourage all units of government
collecting water quality and quantity management data to
annually submit the data consistent with state compatibility
guidelines to the organization and other appropriate state
agencies for entry into public access data bases.
Subp. 6. Management programs. Each organization plan must
assess or require local plans to assess the need for periodic
maintenance of public works, facilities, and natural conveyance
systems and specify any new programs or revisions to existing
programs needed to accomplish its goals and objectives. Each
plan must further identify which units of government or private
parties are responsible for maintenance. Each plan must, at a
minimum, assess or require local plans to assess:
A. the need and frequency for sweeping of public and
private streets and parking lots;
B. the need and frequency for inspecting stormwater
outfalls, sumps, and ponds;
C. the adequacy of maintenance programs for
stormwater facilities and water level control structures owned
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Minnesota Rule 8410.0100 Page 4 of 4
by both organization members and nonmembers;
D. the condition of public ditches constructed under
Minnesota Statutes, chapter 1030 or 1035, if the organization
has jurisdiction over these systems;
E. the need to establish a water body management
classification system to provide for water quality and quantity
management based on a hierarchical basis;
F. the need to establish local spill containment
clean-up plans; and
G. the need for other management programs as
considered necessary.
All proposed management programs establishing a
classification system for the management of water bodies shall
be consistent with chapter 7050. If organization
classifications are inconsistent, the organization shall
petition the Pollution Control Agency to revise the
classifications in chapter 7050.
Subp. 7. Potential structural solutions to problems.
A. Each plan that documents existing water management
problems that cannot be resolved by preventative actions shall
investigate the feasibility of implementing structural solutions
that would remediate or resolve each problem.
B. For each structural solution proposed, each plan
shall provide a cost estimate and a recommendation as to how it
should be funded.
C. Each potential structural solution identified
under this part shall be assigned priorities. In assigning
priorities, consideration shall be given to regional and state
plans in conjunction with the organization's goals, policies,
and problems identified in parts 8410.0080 and 8410.0090.
STAT AUTH: MS s 103B.101; 103B.211; 103B.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
http://www.revisor.leg.state.mn.us/arule/8410/0100.html 2/11/2005
Minnesota Rule 8410.0110 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of Contents for Chapter 84.1,0
8410.0110 IMPACT ON LOCAL GOVERNMENT.
Subpart 1. Existing local controls. Each plan shall
review the impact of local controls and programs required by the
plans according to part 8410.0100. This review shall include
concerns expressed by counties, cities, and townships with
respect to their administrative and financial capabilities to
adopt and enforce the controls and programs in addition to a
table that generally describes the status of local controls and
programs of affected counties, cities, and townships with
respect to that required by the plan.
Subp. 2. Financial impact on local government. Each plan
shall contain an analysis of the financial impact of
implementation of the proposed regulatory controls and programs
identified under part 8410. 0100. The analysis shall include, at
a minimum, an estimate of the costs associated with the plan's
implementation and anticipated sources of revenue.
Subp. 3. Adoption by reference. All or part of a
watershed management organization plan may be adopted by
reference by a local unit of government for all or part of its
local plan to the degree specified in the approved organization
plan.
STAT AUTH: MS s 103B. 101; 1032.211; 103B.231; 1032.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0120 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of contents fbt.Chapter 8410
8410.0120 IMPLEMENTATION PRIORITIES.
Each plan must prioritize the plan implementation
components to make the best use of available local funding; to
prevent future water management problems from occurring to the
maximum extent practical; and to ensure that regional, county,
state, and federal grant funding is targeted properly.
STAT AUTH: MS s 103B. 101; 103B.211; 103B.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
http://www.revisor.leg.state.mn.us/arule/8410/0120.html 2/11/2005
Minnesota Rule 8410.0130 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of contents for Chapter 841.0
8410.0130 IMPLEMENTATION COMPONENTS.
Subpart 1. Controls. Each organization plan must provide
for the adoption of necessary regulatory controls, stormwater
design standards, education programs, data collection programs,
and maintenance programs that the plan identifies under part
8410.0100.
Subp. 2. Responsibilities. Each organization plan must
clearly distinguish the responsibilities of the watershed
management organization versus the responsibilities of affected
counties, cities, and townships with respect to each
implementation program element established according to part
8410.0100.
Subp. 3. Schedule. Each organization plan must include a
schedule for implementation by the organization, joint powers
agreement members, and affected local units of government. All
plan controls and programs to be implemented by the organization
must be in effect within one year of plan adoption. All local
plan controls and programs must be developed and in effect
within two years of adoption of the last organization plan in
the local unit of government.
Subp. 4. Capital improvement program. Each organization
plan shall include a capital improvement program that identifies
specific capital improvements necessary to implement the water
resource management goals and policies of the organization.
Subp. 5. Enforcement. Each organization plan must
identify the procedure to be followed to enforce violations of
the controls of the organization as well as those of the local
unit of government.
Subp. 6. Administration process. Each organization plan
must specify the administrative process and timelines for the
submittal, review, and approval of local plans and variances by
the organization.
STAT AUTH: MS s 1038. 101; 1038.211; 1038.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
http://www.revisor.leg.state.mn.us/arule/8410/0130.html 2/11/2005
Minnesota Rule 8410.0140 Page 1 of 2
Minnesota Rules. Table of Chapters
Table of contents for Chapter 84.1.0
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 processby 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 1038.231, 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 1033.205, 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
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Minnesota Rule 8410.0140 Page 2 of 2
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.
STAT AUTH: MS s 1038. 101; 1033.211; 1038.231; 1038.227
HIST: 17 SR 146
Current as of 10/13/97
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Minnesota Rule 8410.0150
Page l of 2
Minnesota Rules, Table of Chapters
Table of contents for Chapter 8410
8410.0150 ANNUAL REPORTING REQUIREMENTS.
Subpart 1 . Requirement for annual financial, activity, and
audit reports. Within 120 days of the end of the watershed
management organization's fiscal year, each organization shall
submit to the board a financial report, an activity report, and
an audit report for the preceding fiscal year if it has expended
or accrued funds during this time. These reports may be
combined into a single document. The audit report for the
preceding fiscal year must be prepared by a certified public
accountant or the state auditor and forwarded to the state
auditor's office within 120 days of the end of the fiscal year.
Subp. 2. Content of annual financial report. The annual
financial report must include the following information:
A. the approved budget;
B. a reporting of revenues;
C. a reporting of expenditures; and
D. a financial audit report or section that includes
a balance sheet, a classification of revenues and expenditures,
an analysis of changes in final balances, and any additional
statements considered necessary for full financial disclosure.
Subp. 3. Content of annual activity report. The annual
activity report must include the following information:
A. a list of the organization's board members,
advisory committee members, and board member vacancies at the
end of the reporting year, including the names of designated
officers and members and information on how members can be
contacted, and indicating the governmental organization that
each board member represents for joint powers organizations and
the county that each member is appointed by for watershed
districts;
B. a list of organization employees and consultants,
including mailing addresses and telephone numbers;
C. an assessment of the previous year's annual work
plan that indicates whether the stated goals and objectives were
achieved and, if they were not achieved, indicates why they
could not be achieved;
D. a projected work plan for the next year indicating
the desired goals and objectives;
E. a summary of the permits or variances issued or
denied under ordinances or rules required by the organization or
local plan and any enforcement actions initiated by either the
organization or its local units of government;
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Minnesota Rule 8410.0150 Page 2 of 2
F. a summary of water quality monitoring data
collected by the organization or its local units of government;
G. an evaluation of the status of local plan adoption
and implementation based on a review of the local unit of
governments ' activities by the organization during the past
year;
H. a copy of the written communication required by
cart 8410 .O1CD, subpart 3;
I. the organization's activities related to the
biennial solicitations for interest proposals for legal,
professional, or technical consultant services under Minnesota
Statutes, section 1033.227, subdivision 5;
J. an assessment of changes in fund balances,
including a description of the costs of each program element
with respect to the overall annual budget; and
K. the status of any locally adopted wetland banking
program.
Subp. 4 . Procedure for state audit. The board shall use
the procedure described in items A to D to determine whether to
order a state financial or performance audit of an organization.
A. Before the board will consider ordering a state
audit, a written complaint must be filed with the board's
executive director requesting the board to order a state audit.
The complaint must state as specifically as possible the grounds
for requesting a state audit. Valid grounds for requesting a
state audit include the mishandling or misuse of public funds or
the documented failure to implement an approved plan.
B. The executive director shall determine whether
there is a basis for a complaint before reporting the complaint
to the board. The executive director shall ensure that the
affected organization is notified of the complaint and given an
opportunity to respond to the allegations before determining
whether there is a basis for the complaint.
C. If the executive director determines there is a
basis for the complaint, the complaint shall be reported to the
board. The affected organization shall be given an opportunity
to appear before the board at the time the complaint is reported
to it and respond to the allegations in the complaint. The
complainant shall also be given an opportunity to appear.
D. After having the complaint reported to it, and
after providing an opportunity for the organization and the
complainant to be heard by it, the board shall decide whether to
order a state financial or performance audit of the organization.
STAT AUTH: MS s 1033.101; 103B.211; 1033.231; 1035_227
HIST: 17 SR 146
Current as of 10/13/97
http://www.revisor.leg.state.mn.us/arule/8410/0150.html
2/11/2005
Minnesota Rule 8410.0160 Page 1 of 1
Minnesota Rules, Table of Chapters
Table of_contents for Chapter 8410
8410.0160 GENERAL STRUCTURE.
Each local plan must, at a minimum, meet the requirements
for local plans in Minnesota Statutes, section 103B.235, except
as provided by the watershed management organization plan under
Dart 8410. 0110, subpart 3. Each local plan must include
sections containing a table of contents; purpose; water resource
related agreements; executive summary; land and water resource
inventory; establishment of goals and policies; relation of
goals and policies to local, regional, state, and federal plans,
goals, and programs; assessment of problems; corrective actions;
financial considerations; implementation priorities; amendment
procedures; implementation program; and an appendix. Each
community should consider including its local plan as a chapter
of its local comprehensive plan. Each local plan shall be
adopted within two years of the board's approval of the last
organization plan that affects local units of government.
STAT AUTH: MS s 103B.101; 103B.211; 103B.231; 103B.227
HIST: 17 SR 146
Current as of 10/13/97
http://www.revisor.leg.state.mn.us/arule/8410/0160.html 2/11/2005
Minnesota Rule 8410.0170 Page 1 of 3
Minnesota Rules, Table of Chapters
Table of contents fbrChapter 84.1.0
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 8410.0.080, 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.
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Minnesota Rule 8410.0170 Page 2 of3
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 stormwater 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.
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Minnesota Rule 8410.0170 Page 3 of 3
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 1038.235. 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.
STAT AUTH: MS s 1038. 101; 1038.211; 1038. 231; 1038.227
HIST: 17 SR 146
Current as of 10/13/97
ttp://www.revisor.leg.state.mn.us/arule/8410/0170.html 2/11/2005
Minnesota Rule 8410.0180
Page 1 of 3
Minnesota Rules, Table of Chapters
Table of contents for.Chapter 8.41.0
8410.0180 DETERMINATIONS OF FAILURE TO IMPLEMENT.
Subpart 1. Applicability. This part applies when a plan
is not being implemented for a watershed either because no
watershed management organization exists, because the
organization has not adopted an approved plan, or because the
approved plan is not being carried out.
Subp. 2. Establishing cause. Before the board's
involvement in determinations of whether a plan is being
properly implemented, the board shall first establish just cause
for the determination by review of a written complaint from an
aggrieved party or through conclusions arrived at by board staff
under the review of an organization's annual report. A
complaint or appeal made by an aggrieved party under Minnesota
Statutes, section 103B.231, subdivision 13, must be made in
writing to the executive director of the board and must
summarize the issues at dispute and the efforts the party made
to resolve the problem.
Subp. 3. Board staff responsibilities.
A. Board staff may investigate issues relating to
alleged failure to implement plans primarily by response from
written complaint from an aggrieved party or by review of the
organization's annual report. Within 30 days of receiving a
written complaint, board staff are required to initiate a
preliminary investigation of the facts as they appear based on
personal observation, review of all relevant documents, and
discussions with involved parties. The results of this
preliminary investigation shall be reviewed with the executive
director, and the board's legal counsel if appropriate, before
preparation of a report. The report shall ascertain whether a
failure to implement exists, define the exact nature of the
failure to implement, and recommend a course of action.
B. On completion of a report regarding a complaint or
review of an annual report, the staff shall send a copy of its
report by certified mail to the organization members of record
to set a time and place for a meeting agreeable to all parties
to informally discuss the contents of the report if a conflict
exists. The complainant and any other aggrieved or affected
party shall also be sent a copy of the report by certified mail
and shall be invited to attend any meeting held to discuss the
report.
C. The affected organization shall be allowed 30 days
to hold a public meeting to develop a formal course of action if
the joint powers agreement requires that process. Any formal
response shall be sent by certified mail to the board and any
aggrieved or affected party within 15 days of the meeting.
D. The affected organization and any aggrieved or
affected party may not appeal to the board's dispute resolution
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Minnesota Rule 8410.0180 Page 2 of 3
committee established under Minnesota Statutes, section
1033. 101, subdivision 10, to hear and resolve disputes over plan
implementation until after the meeting has been held according
to item B.
E. Based on information discovered at the meeting
held according to item B, or receipt of the formal response
received from the organization according to item C, board staff
shall report to the board at a regular meeting as to the status
of the dispute. If the board needs to take further action to
resolve the dispute, board staff shall recommend the appropriate
course of action, consulting with the board' s legal counsel as
appropriate.
Subp. 4 . Board responsibilities.
A. On receipt of the board staff's report and
recommendations, the board is required to do any or all of the
following:
(1) nothing further if the staff's investigation
finds that the subject plan is being properly implemented,
provided the board concurs;
(2) advise board staff to conduct additional fact
finding it considers necessary and report back to the board
accordingly;
(3) order the dispute resolution committee to
convene to attempt to negotiate the matter and to advise the
board further; or
(4) issue findings of fact and conclusions of its
investigation advising the affected organizations, county, or
counties of the documented failure to implement the subject plan
and advise the appropriate unit of government of its
responsibility to implement the plan under Minnesota Statutes,
section 103B.231, subdivision 3, paragraph (b) , within a
prescribed period of time.
B. On issuance of its findings under subpart 3, item
A, the board shall notify the appropriate counties to proceed as
required by Minnesota Statutes, section 103B.231, subdivision 3,
paragraph (b) or (c) , as applicable. If a county fails to act
after it is notified, the board shall notify state agencies that
they may initiate their prerogatives under Minnesota Statutes,
section 103B.231, subdivision 3, paragraph (g) .
C. The board's dispute resolution committee has the
following duties and responsibilities with respect to disputes
relating to failure to implement a plan:
(1) convene and hear appeals from both aggrieved
parties and organizations not satisfied with the findings and
recommendations of the board's staff report presented at the
meeting required by subpart 2; and
(2) convene at the pleasure of the board as
prescribed by item A to attempt to negotiate and settle disputes
over determinations relating to implementation of plans and to
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Minnesota Rule 8410.0180 Page 3 of 3
further advise the board.
STAT AUTH: MS s 1033. 101; 103B.211; 103B. 231; 1032.227
HIST: 17 SR 146
Current as of 10/13/97
attp://www.revisor.leg.state.mn.us/arule/8410/0180.html 2/11/2005
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Minnesota Statutes 2004, Chapter 103B. Page 42 of 69
==103B.3363
103B.3363 Definitions.
Subdivision 1. Scope. The definitions in this
section apply to sections 103B.3363 to 103B.3369.
Subd. 2 . Board. "Board" means the Board of Water and
Soil Resources.
Subd. 3. Comprehensive local water management plan.
"Comprehensive local water management plan, " "comprehensive
water plan, " "local water plan, " and "local water management
plan" mean a county water plan authorized under section
103B.311, a watershed management plan required under section
....... ......._...............
103B.231, a watershed management plan required under section
....... ...._.._..... .. .
103D.401 or 103D.405, or a county groundwater plan authorized
under section 103B.255.
Subd. 4. Local unit of government. "Local unit of
government" means a statutory or home rule charter city, town,
county, or soil and water conservation district, watershed
district, an organization formed for the joint exercise of
powers under section 471.59, a local health board, or other
special purpose district or authority with local jurisdiction in
water and related land resources management.
Subd. 5. Program. "Program" means a water-related
program.
HIST: 1989 c 326 art 2 s 9; 1990 c 391 art 10 s 3; 1991 c 160
s 1; 2003 c 128 art 1 s 101
==103B.3365
103B.3365 Repealed, 1995 c 184 s 32
==103B.3369
103B.3369 Local water resources protection and
management program.
Subdivision 1. Assistance priorities. State agencies
may give priority to local requests that are part of or
responsive to a comprehensive local water plan when
administering programs for water-related financial and technical
assistance.
Subd. 2. Establishment. A local water resources
protection and management program is established. The board may
provide financial assistance to local units of government for
activities that protect or manage water and related land
quality. The activities include planning, zoning, official
controls, and other activities to implement local water
management plans.
Subd. 3. Repealed, 2003 c 128 art 1 s 176
Subd. 4. Contracts. A local unit of government may
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Minnesota Statutes 2004, Chapter 103B. Page 43 of 69
contract to implement programs. An explanation of the program
responsibilities proposed to be contracted must accompany grant
requests. A local unit of government that contracts is
responsible for ensuring that state funds are properly expended
and for providing an annual report to the board describing
expenditures of funds and program accomplishments.
Subd. 5. Financial assistance. A base grant may be
awarded to a county that levies a water implementation tax at a
rate, which shall be determined by the board. The minimum
amount of the water implementation tax shall be a tax rate times
the adjusted net tax capacity of the county for the preceding
year. The rate shall be the rate, rounded to the nearest .001
of a percent, that, when applied to the adjusted net tax
capacity for all counties, raises the amount of $1,500, 000. The
base grant will be in an amount equal to $37,500 less the amount
raised by that levy. If the amount necessary to implement the
local water plan for the county is less than $37,500, the amount
of the base grant shall be the amount that, when added to the
levy amount, equals the amount required to implement the plan.
For counties where the tax rate generates an amount equal to or
greater than $18,750, the base grant shall be in an amount equal
to $18,750.
Subd. 6. Limitations. (a) Grants provided to
implement programs under this section must be reviewed by the
state agency having statutory program authority to assure
compliance with minimum state standards. At the request of the
state agency commissioner, the board shall revoke the portion of
a grant used to support a program not in compliance.
(b) Grants provided to develop or revise local water
management plans may not be awarded for a time longer than two
years.
(c) A local unit of government may not request or be
awarded grants for project implementation unless a local
management water plan has been adopted.
Subd. 7. Repealed, 2002 c. 220 art 8 s 16
Subd. 8. Repealed, 2002 c 220 art 8 s 16
HIST: 1989 c 326 art 2 s 10; 1990 c 391 art 10 s 3; 1990 c 597
s 15; 1990 c 604 art 3 s 1,2; 1995 c 184 s 26,27; 2003 c 128 art
1 s 102-105
==103B.341
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 103B.301 to 1038.355.
HIST: 1990 c 391 art 2 s 25
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Minnesota Statutes 2004, Chapter 103B. Page 44 of 69
==103B.345
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.
Subd. 2. Petition for hearing. A county or other
local unit of government may petition for a 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
103B.325.
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 103B.325.
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 board within 60 days of the
request. The subject of the hearing may not extend to questions
concerning the need for a comprehensive water plan. Within 60
days after the close of the hearing, the board shall, by
resolution containing findings of fact and conclusions of law,
make a final decision with respect to the issue before it.
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.
HIST: 1990 c 391 art 2 s 26; 1991 c 214 s 1,2
==103B.351
1038.351 Repealed, 2002 c 220 art 8 s 16
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==103B.355
103B.355 Application.
Sections 103B.301 to 103B.355 do not apply in areas subject
to the requirements of sections 103B.201 to 103B.255 under
section 103B.231, subdivision 1, and in areas covered by an
agreement under section 103B.231, subdivision 2, except as
otherwise provided in section 103B.311, subdivision 4, clause
(4) .
HIST: 1990 c 391 art 2 s 28; 1990 c 601 s 2; 1995 c 184 s 28;
2003 c 128 art 1 s 106
==103B.451
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.
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.
(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.
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
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committee shall be consulted prior to any activity conducted by
the commission.
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.
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.
HIST: 1990 c 391 art 2 s 29
==103B.501
103B.501 Lake improvement districts.
Sections 103B.501 to 103B.581 may be cited as the "Lake
Improvement District Law. "
HIST: 1990 c 391 art 2 s 30
==103B.505
103B.505 Definitions.
Subdivision 1. Applicability. The definitions in
this section apply to sections 103B.505 to 103B.581.
Subd. 2. Board. "Board" means county board.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of natural resources.
Subd. 4. District. "District" means a lake
improvement district.
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Subd. 5. Joint county authority. "Joint county
authority" means a joint county authority formed by county
boards under section 103B.525 .
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.
HIST: 1990 c 391 art 2 s 31
==103B.511
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.
(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.
Subd. 2. Rules. The commissioner shall adopt
permanent rules to provide guidelines, criteria, and standards
for the establishment of lake improvement districts by counties.
HIST: 1990 c 391 art 2 s 32; 1995 c 233 art 2 s 56
==103B.515
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
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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.
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.
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.
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) .
HIST: 1990 c 391 art 2 s 33
==103B.521
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;
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(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 a majority 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.
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.
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 103B.535 and may modify the petition relating to the
district's boundaries, functions, financing, or organization.
HIST: 1990 c 391 art 2 s 34; 2003 c 91 s 1
==103B.525
103B.525 Establishment of 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 103B.515 by petition to the
affected county boards.
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HIST: 1990 c 391 art 2 s 35
==103B.531
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
103B.521, subdivision 1, may be submitted to the commissioner of
..............................................................
natural resources.
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.
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
he
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 103B.511, 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.
HIST: 1990 c 391 art 2 s 36
==103B.535
103B.535 Order establishing district.
An order 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;
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(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, and method of
election, removal, and filling of vacancies of the board of
directors, including a method for property owners not present at
the annual meeting to participate in the election of the
district board.
HIST: 1990 c 391 art 2 s 37; 2000 c 396 s 1
==103B.541
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.
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.
HIST: 1990 c 391 art 2 s 38
==103B.545
103B.545 Referendum on establishment.
Subdivision 1. Petition. Twenty-six percent of the
property owners within the lake improvement district proposed by
the board or a joint county authority on its own initiative
under section 103B.515, by petition under section 103B.521, or
by the commissioner under section 103B.531, may petition for a
referendum on establishing the district before the effective
date of its establishment. After receiving the petition, the
county board, joint county authority, or commissioner that
proposed establishing the district 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.
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.
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
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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) ?"
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.
HIST: 1990 c 391 art 2 s 39; 2000 c 396 s 2
==103B.551
103B.551 Board of directors.
Subdivision i. Membership. After a lake improvement
district is established, the county board, joint county
authority, or commissioner that established the district shall
appoint persons to serve as an initial board of directors for
the district. Subsequent board members must be elected by
persons owning property in the district at the annual meeting of
the district. The number, qualifications, terms of office, and
method of election, 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.
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.
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
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approved by the commissioner of natural resources under section
103G.245;
(3) undertake projects to change the course current or
cross section of public waters that are approved by the
commissioner of natural resources under section 103G.245;
(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 sections
86B.205, 103G.605, and 103G.621.
HIST: 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 7; 2000 c 396
s 3
==103B.555
1038.555 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
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and services of the district, the county board or joint county
authority may, only after seeking other sources of funding:
(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.
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.
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.
Subd. 4. District obligations. The district, with
approval of the county board or joint county authority,
expressed in a resolution identifying each specific improvement
to which the approval applies, may exercise the powers of a city
under chapter 429 and section 444.075, including, but not
limited to:
(1) the levy of special assessments;
(2) the imposition of rates and charges; and
(3) the issuance of bonds
to finance improvements that the district may undertake.
HIST: 1990 c 391 art 2 s 41; 2000 c 396 s 4; 2001 c 214 s 1
==103B.561
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
103B.531, 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.
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HIST: 1990 c 391 art 2 s 42
==103B.565
103B.565 Enforcement of ordinances.
If a lake improvement district has been established by
joint county action under section 103B.525 or order of the
commissioner of natural resources under section 103B.531,
ordinances and regulations adopted byaction 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.
HIST: 1990 c 391 art 2 s 43
==103B.571
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.
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.
Subd. 3. Agenda. (a) At the annual meeting the
district property owners present shall:
(1) elect one or more directors to fill any midterm
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.
(b) At the annual meeting all district property owners,
including absent members as provided in the order establishing
the district, shall elect one or more directors for board
positions with expiring terms.
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
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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.
HIST: 1990 c 391 art 2 s 44; 2000 c 396 s 5
==103B.575
103B.575 Expansion of 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
103B.511 to 103B.541.
HIST: 1990 c 391 art 2 s 45
==103B.581
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 a majority 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.
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 Law, 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.
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.
HIST: 1990 c 391 art 2 s 46; 1999 c 86 art 1 s 18; 2003 c 91 s
2
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==103B.601
103B.601 Definitions.
Subdivision 1. Applicability. The definitions in
this section apply to sections 103B.601 to 103B.645.
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.
HIST: 1990 c 391 art 2 s 47
==103B.605
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.
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.
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.
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.
HIST: 1990 c 391 art 2 s 48
==103B.611
103B.611 Board.
Subdivision 1. Composition. The district is governed
by a board composed of members appointed by the governing bodies
of the municipalities included in the district. Each
municipality may appoint one member.
Subd. 2. Term. The term of office of each board
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member is three years unless the appointing municipality recalls
the member and either appoints another member for the balance of
the term or leaves the office vacant for the balance of the term.
This subdivision applies both to members serving on the
effective date of Laws 1995, chapter 184, and to members
appointed after the effective date of Laws 1995, chapter 184.
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 on Lake Minnetonka, excluding
the area of public drainage ditches or watercourses connected to
the lake:
(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
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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 section 103D.705; a bond is not required of
the lake conservation district.
For purposes of this subdivision "watercourses connected to
the lake" does not include channels connecting portions of the
lake to one another.
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.
HIST: 1990 c 391 art 2 s 49; 1995 c 184 s 29,30; 2004 c 255 s
43
==103B.615
1038.615 District officers.
Subdivision 1. Election and terms. (a) The board
shall elect from its membership a chair 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.
Subd. 2. Compensation. The board shall fix the
compensation of the officers.
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.
HIST: 1986 c 444; 1990 c 391 art 2 s 50
==103B.621
1038.621 Treasurer.
Subdivision 1. Bond. Before taking office, the
treasurer shall give bond to the district in an amount to be
determined by the board.
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.
Subd. 3. Investments. (a) If there are funds not
currently needed, the treasurer may invest the funds in treasury
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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.
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.
Subd. 5. Compensation for clerks. The district may
pay to the treasurer compensation to cover hiring clerks to
carry out the treasurer's duties.
HIST: 1990 c 391 art 2 s 51
==103B.625
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.
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
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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.
HIST: 1990 c 391 art 2 s 52
==103B.631
1038.631 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.
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.
HIST: 1990 c 391 art 2 s 53
==103B.635
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.
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, provided
the total funding from all municipalities in the district for
the costs shall not exceed an amount equal to .00242 percent of
the total taxable market value within the district, unless
three-fourths of the municipalities in the district pass a
resolution concurring to the additional costs.
(b) The funds must be deposited in the treasury of the
district in amounts and at times as the treasurer of the
district requires.
HIST: 1990 c 391 art 2 s 54; 1993 c 375 art 7 s 1
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==1038.641
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.
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.
HIST: 1990 c 391 art 2 s 55
==103B.645
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.
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
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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.
HIST: 1990 c 391 art 2 s 56
==103B.651
103B.651 Definitions.
Subdivision 1. Applicability. The definitions in
this section apply to sections 103B.655 to 103B.691.
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.
HIST: 1990 c 391 art 2 s 57
==103B.655
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.
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.
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.
........................... ..
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.
HIST: 1990 c 391 art 2 s 58
==103B.661
103B.661 Board.
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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.
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
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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 section 103D.705, 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.
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.
HIST: 1990 c 391 art 2 s 59
==103B.665
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.
Subd. 2. Compensation. The board shall set the
compensation of the officers.
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.
HIST: 1990 c 391 art 2 s 60
==103B.671
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.
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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.
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.
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.
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.
HIST: 1990 c 391 art 2 s 61
==103B.675
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.
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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.
HIST: 1990 c 391 art 2 s 62
==103B.681
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.
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.
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 chair 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.
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.
(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.
Subd. 5. Injunction. The rules may be enforced by
the district by injunction in addition to other penalties
provided.
HIST: 1986 c 444; 1990 c 391 art 2 s 63
==103B.683
1038.683 Prosecution of violations.
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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.
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.
HIST: 1990 c 391 art 2 s 64
==103B.685
103B.685 Performance of duties and expenses.
Subdivision 1. Duties. The duties of the district
may be executed by employees of the municipalities.
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.
HIST: 1990 c 391 art 2 s 65
==103B.691
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
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP&year=current&... 3/1/2005
Minnesota Statutes 2004, Chapter 103B. Page 69 of 69
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.
HIST: 1990 c 391 art 2 s 66
==103B.misc
2004 Minn. Stats. repealed, etc. secs in chap 103B
1038.3365 Repealed, 1995 c 184 s 32
103B.351 Repealed, 2002 c 220 art 8 s 16
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General„...questions or comments.
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP&year=current&... 3/1/2005
MIDDLE ST. CROIX RIVER WATERSHED
MANAGEMENT ORGANIZATION l..
1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext.21
Stillwater, MN 55082 Fax: 651-1254 D
A Joint Powers Watershed Management Organization composed of ten St. Croix Valley - 1
Communities that was established under State Statute 103E to cooperatively manage water
resources within the watershed.
r�L
MEMORANDUM
TO: MSCWMO Board `�
FROM: Melissa Lewis-MSCWMO Administrator -U 9—
RE: MN Rules 8410
DATE: February 11, 2005
A copy of MN Rule 8410 is enclosed. This rule is the standard that the MSCWMO must achieve in its plan.
Middle St. Croix Watershed Management Organization
MEMBER COMMUNITIES:
Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township
MIDDLE ST. CROIX RIVER WATERSHED
MANAGEMENT ORGANIZATION a
Att*t..
1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 22
D
Stillwater, MN 55082 Fax: 651-1254
A Joint Powers Watershed Management Organization composed of ten St. Croix Valley r'
Communities that was established under State Statute 103B to cooperatively manage water
resources within the watershed.
01,4
March 29, 2005
Larry Freund
309 Administration Building
50 Sherburne Ave
St. Paul, MN 55155
RE: State Storm Sewer Project at Bayport
Dear Mr. Freund,
The MSCWMO is currently engaging SEH to prepare the final Construction Design Documentation Report for
the State Storm Sewer Project at Bayport. The MSCWMO is encumbering $73,000 for this report and the
remaining $xxx for contingencies and legal fees associated with the project. We expect the Construction
Design Documentation Report to be completed by July 31st, 2005.
If you have any question or concerns regarding this encumberance, please contact the MSCWMO administrator,
Melissa Lewis, at 651-275-1136 extension 22 or melissa.lewis@mnwcd.org.
Sincerely,
David Beaudet
Chair
Middle St. Croix Watershed Management Organization
Middle St. Croix Watershed Management Organization
MEMBER COMMUNITIES:
Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township