SF 2843

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 10:29am

A bill for an act
relating to waters; modifying watershed plan provisions; amending Minnesota
Statutes 2008, section 103B.231, subdivisions 7, 9, 11; repealing Minnesota
Statutes 2008, section 103B.231, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 103B.231, subdivision 7, is amended to
read:

Subd. 7.

Review of the draft plan.

(a) Upon completion of the plan but before
final adoption by the organization, the organization must submit the draft plan for a
60-day review and comment period to all counties, the Metropolitan Council, the state
review agencies, the Board of Water and Soil Resources, soil and water conservation
districts, towns, and statutory and home rule charter cities having territory within the
watershed. A local government unit that expects that substantial amendment of its local
comprehensive plan will be necessary to bring local water management into conformance
with the watershed plan must describe as specifically as possible, within its comments,
the amendments to the local plan that it expects will be necessary. If the county has
a groundwater plan, the county must review and comment on the consistency of the
watershed plan with the county groundwater plan. Differences among local governmental
agencies regarding the plan must be mediated. Notwithstanding sections 103D.401,
103D.405, and 473.165, the council shall review the plan in the same manner and with
the same authority and effect as provided for the council's review of the comprehensive
plans of local government units under section 473.175. The council shall comment on
the apparent conformity with metropolitan system plans of any anticipated amendments
to local comprehensive plans. The council shall advise the Board of Water and Soil
Resources on whether the plan conforms with the management objectives and target
pollution loads stated in the council's water resources plan and shall recommend changes
in the plan that would satisfy the council's plan.

(b) The watershed management organization must respond in writing to any
concerns expressed by the review agencies deleted text begin within 30 days of receipt thereof deleted text end new text begin at least ten
days before the public hearing new text end .

(c) The watershed management organization must hold a public hearing on the
draft plan no sooner than deleted text begin 30 days and no later than 45 deleted text end new text begin 14 new text end days after the 60-day review
period of the draft plan. The board or boards of the affected counties shall approve or
disapprove projects in the capital improvement program which may require the provision
of county funds pursuant to section 103B.251 or 103D.901, subdivision 2. Each county
has up until the date of the public hearing on the draft plan to complete its review of
the capital improvement program. If the county fails to complete its review within the
prescribed period, unless an extension is agreed to by the organization the program shall
be deemed approved. If the watershed extends into more than one county and one or
more counties disapprove of all or part of a capital improvement program while the other
county or counties approve, the program shall be submitted to the Board of Water and Soil
Resources for review pursuant to subdivision 9.

Sec. 2.

Minnesota Statutes 2008, section 103B.231, subdivision 9, is amended to read:

Subd. 9.

Approval by board.

After completion of the review under subdivision
deleted text begin 8, deleted text end new text begin 7, the draft plan, any amendments thereto, all written comments received on the draft
plan, a record of the public hearing, and a summary of changes incorporated as a result
of the review process shall be submitted to the Metropolitan Council, the state review
agencies, and the Board of Water and Soil Resources for final review. new text end The board shall
review the plan for conformance with the requirements of sections 103B.205 to 103B.255,
and chapter 103D. The board shall not prescribe a plan, but may disapprove all or parts
of a plan which it determines is not in conformance with the requirements of sections
103B.205 to 103B.255, and chapter 103D. If the capital improvement program is the
subject of a dispute between counties, the Board of Water and Soil Resources shall make
a final decision on the issue. The decision shall be binding on the organization and the
counties involved. The board shall complete its review under this section within 90 days.

Sec. 3.

Minnesota Statutes 2008, section 103B.231, subdivision 11, is amended to read:

Subd. 11.

Amendments.

To the extent and in the manner required by the adopted
plan, all amendments to the adopted plan shall be submitted to the towns, cities, county,
the Metropolitan Council, the state review agencies, and the Board of Water and Soil
Resources for review in accordance with the provisions of subdivisions 7 deleted text begin , 8, deleted text end and 9.
Amendments necessary to revise the plan to be consistent with the county groundwater
plan, as required by subdivision 4, must be submitted for review in accordance with
subdivisions 7 deleted text begin , 8, deleted text end and 9. Minor amendments to a plan shall be reviewed in accordance
with standards prescribed in the watershed management plan.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 103B.231, subdivision 8, new text end new text begin is repealed.
new text end