Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 411-H.F.No. 1553
           An act relating to metropolitan government; 
          prescribing the authority of watershed management 
          organizations; providing procedures for boundary 
          changes and termination of watershed districts; 
          amending Minnesota Statutes 1982, sections 112.37, 
          subdivision 7; 112.42, subdivision 3; 473.876, 
          subdivision 9; 473.877; 473.878, subdivisions 2, 3, 4, 
          and by adding a subdivision; 473.882, subdivision 1; 
          proposing new law coded in Minnesota Statutes, chapter 
          473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 112.37, 
subdivision 7, is amended to read: 
    Subd. 7.  The managers of a district wholly within the 
metropolitan area shall number not less than five nor more than 
nine.  The managers shall be selected to fairly represent by 
residence the various hydrologic areas within the district.  
They shall be selected from a list of persons nominated jointly 
or severally by statutory and home rule charter cities and towns 
having territory within the district.  The list shall contain at 
least three nominees for each position to be filled.  If the 
cities and towns fail to nominate in accordance with this 
subdivision, the managers shall be selected as provided in 
subdivision 1 1a.  
    Sec. 2.  Minnesota Statutes 1982, section 112.42, 
subdivision 3, is amended to read: 
    Subd. 3.  At least 30 days prior to the expiration of the 
term of office of the first managers named by the board, the 
county commissioners of each county affected shall meet and 
proceed to appoint successors to the first managers.  If the 
nominating petition that initiated the district originated from 
a majority of the cities within the district or if the district 
is wholly within the metropolitan area, the county commissioners 
shall appoint the managers from a list of persons nominated 
jointly or severally by the townships and municipalities within 
the district.  The list shall contain at least three nominees 
for each position to be filled.  Managers for a district wholly 
within the metropolitan area shall be appointed to fairly 
represent by residence the various hydrologic areas within the 
district.  It shall be submitted to the affected county board at 
least 60 days prior to the expiration of the term of office.  If 
the list is not submitted within 60 days prior to the expiration 
of the term of office the county commissioners shall select the 
managers from eligible individuals within the district.  The 
county commissioners shall at least 30 days before the 
expiration of the term of office of any managers meet and 
appoint the successors.  If the district affects more than one 
county, distribution of the managers among the counties affected 
shall be as directed by the board.  Ten years after the order of 
establishment, upon petition of the county board of 
commissioners of any county affected by the district, the board 
after public hearing thereon, may redistribute the managers 
among the counties if redistribution is in accordance with the 
policy and purposes of this chapter.  No petition for the 
redistribution of managers shall be filed with the board more 
often than once in ten years.  The term of office of each 
manager, if the number does not exceed three, shall be one for a 
term of one year, one for a term of two years, and one for a 
term of three years.  If the managers consist of five members, 
one shall be for a term of one year, two for a term of two 
years, and two for a term of three years.  If the board of 
managers consists of more than five members, the managers shall 
be appointed so that as nearly as possible one-third serve terms 
of one year, one-third serve terms of two years, and one-third 
serve terms of three years.  If the district affects more than 
one county, the board shall direct the distribution of the one, 
two and three year terms among the affected counties.  
Thereafter, the term of office for each manager shall be for a 
term of three years, and until his successor is appointed and 
qualified.  If the district affects more than five counties, in 
order to provide for the orderly distribution of the managers, 
the board may determine and identify the manager areas within 
the territory of the district and select the appointing county 
board of commissioners for each manager's area.  Any vacancy 
occurring in an office of a manager shall be filled by the 
appointing county board of commissioners.  A record of all 
appointments made under this subdivision shall be filed with the 
county auditor of each county affected, with the secretary of 
the board of managers, and with the secretary of the water 
resources board.  No person shall be appointed as a manager who 
is not a voting resident of the district and none shall be a 
public officer of the county, state, or federal government, 
provided that a soil and water conservation supervisor may be a 
manager. 
    Sec. 3.  Minnesota Statutes 1982, section 473.876, 
subdivision 9, is amended to read: 
    Subd. 9.  [WATERSHED MANAGEMENT ORGANIZATION.] "Watershed 
management organization" or "organization" means a watershed 
district wholly within the metropolitan area or a joint powers 
entity established wholly or partly within the metropolitan area 
by special law or by agreement which that performs some or all 
of the functions of a watershed district for a watershed and 
which that has the characteristics and the authority specified 
under section 473.877.  Lake improvement or conservation 
districts are not watershed management organizations. 
    Sec. 4.  Minnesota Statutes 1982, section 473.877, is 
amended to read: 
    473.877 [JOINT POWERS WATERSHED MANAGEMENT ORGANIZATION.] 
    Subdivision 1.  [AUTHORITY.] Any agreement under section 
471.59 to jointly or cooperatively manage or plan for the 
management of surface water in a watershed delineated pursuant 
to subdivision 2, as required by sections 473.875 to 473.883, 
may provide, in addition to other provisions authorized by 
section 471.59, for a joint board having:  
    (a) the authority to prepare and, adopt, and implement a 
plan for the watershed meeting the requirements of section 
473.878;  
    (b) the authority to review and approve local water 
management plans as provided in section 473.879;  
    (c) the authority of a watershed district under chapter 112 
to regulate the use and development of land in the watershed 
when one or more of the following conditions exists:  (1) the 
local government unit exercising planning and zoning authority 
over the land under sections 366.10 to 366.19, 394.21 to 394.37, 
or 462.351 to 462.364, does not have a local water management 
plan approved and adopted in accordance with the requirements of 
section 473.879 or has not adopted the implementation program 
described in the plan; (2) an application to the local 
government unit for a permit for the use and development of land 
requires an amendment to or variance from the adopted local 
water management plan or implementation program of the local 
unit; (3) the local government unit has authorized the 
organization to require permits for the use and development of 
land.;  
    (d) the authority of a watershed district under section 
112.65 to accept the transfer of drainage systems in the 
watershed, to repair, improve, and maintain the transferred 
drainage systems, and to construct all new drainage systems and 
improvements of existing drainage systems in the watershed, 
provided that projects may be carried out under the powers 
granted in chapter 106, 112, or 473 and that proceedings of the 
board with respect to the systems must be in conformance with 
the watershed plan adopted under section 473.878; and 
    (e) other powers necessary to exercise the authority under 
clauses (a) to (c), including the power to enter into contracts 
for the performance of functions with governmental units or 
persons.  
    Subd. 2.  [REVIEW OF WATERSHED BOUNDARIES.] Before 
commencing planning under section 473.878, a watershed 
management organization established pursuant to section 471.59 
and this section shall submit a map delineating the boundaries 
of the watershed to the water resources board for review and 
comment on the conformance of the boundaries with the 
requirements of sections 473.875 to 473.883.  The board shall 
have 60 days to comment.  
    Subd. 3.  [JURISDICTION OVER NONMEMBERS.] A watershed 
management organization established by agreement pursuant to 
subdivision 1 may exercise the authority provided in the 
agreement throughout the watershed delineated, including 
territory in statutory and home rule charter cities and towns 
that are not members of the organization, if the cities and 
towns that are not members consent to the exercise of authority 
within their jurisdictions and if the membership of the 
organization includes:  
    (a) the county or counties having jurisdiction over all of 
the territory of the watershed that is within the cities and 
towns that are not members of the organization; and 
    (b) either cities and towns having jurisdiction over at 
least 50 percent of the land area of the watershed and 
comprising at least three-quarters of all of the cities and 
towns having territory in the watershed, or cities and towns 
having jurisdiction over at least 75 percent of the land area of 
the watershed.  
The county or counties identified in clause (a) are responsible 
for watershed management activities and may exercise authority 
under sections 473.875 to 473.883 in and for consenting cities 
and towns that are not members of the organization.  
    Sec. 5.  [473.8771] [WATERSHED DISTRICTS; BOUNDARY CHANGE; 
TERMINATION.] 
    Subdivision 1.  [BOUNDARY CHANGE.] The boundaries of a 
watershed district wholly within the metropolitan area may be 
changed pursuant to this subdivision or chapter 112.  The 
governing board of a watershed management organization may 
petition the water resources board for an order changing the 
boundaries of a watershed district wholly within the 
metropolitan area, either by adding new territory to the 
district or by transferring territory that is within the 
district to the jurisdiction of another watershed management 
organization.  The petition must:  
     (a) describe with particularity the change in boundary 
requested, the territory affected, and the reasons for the 
change; 
     (b) show that the change is consistent with the purposes 
and requirements of sections 473.875 to 473.883; and 
     (c) identify any property subject to subdivision 3.  
The petition must be accompanied by a written statement of 
concurrence in the petition from the governing body of each 
statutory or home rule charter city and town and each watershed 
management organization having jurisdiction over the territory 
proposed to be added or transferred.  Upon the filing of a 
sufficient petition, the water resources board shall give notice 
of the filing of the petition by publication once each week for 
two successive weeks in a legal newspaper in each county 
affected and by mail to the county auditor of each county 
affected and to the chief official of each statutory or home 
rule charter city and township affected.  The notice must 
describe the action proposed by the petition and invite written 
comments on the petition for consideration by the board.  The 
notice must announce that any person who objects to the action 
proposed in the petition may submit a written request for 
hearing to the board within 20 days of the last publication of 
the notice of the filing of the petition and that if no timely 
request for hearing is received the board will make a decision 
on the petition pursuant to this subdivision without conducting 
the public hearing required under chapter 112.  If no timely 
request for hearing is received the board shall make a decision 
on the petition without a hearing within 30 days after the last 
publication of the notice.  If one or more timely requests for 
hearing are received the board shall hold a hearing on the 
petition and shall follow the procedures in chapter 112 
regarding notice and conduct of hearings.  After completing the 
procedures required by this subdivision, the board shall, by its 
findings and order, make the boundary change requested if the 
board determines that:  
    (a) the governing body of each statutory or home rule 
charter city and town and each watershed management organization 
having jurisdiction over the territory proposed to be added or 
transferred concurs in the petition, 
     (b) the change is consistent with the purposes and 
requirements of sections 473.875 to 473.883, and 
     (c) the change can be accomplished in conformance with 
subdivision 3. 
The board shall file a certified copy of the findings and order 
with the secretary of state.  The order making the change must 
conform to subdivision 3.  The order making the change may amend 
the order prescribing the distribution of managers of the 
district.  
    Subd. 2.  [TERMINATION.] A watershed district wholly within 
the metropolitan area may be terminated pursuant to this 
subdivision or chapter 112.  Proceedings for termination under 
this subdivision must be initiated by a petition to the water 
resources board filed jointly by the governing bodies of all 
statutory and home rule charter cities and towns having 
jurisdiction over territory within the watershed.  Upon the 
filing of a sufficient petition, the board shall hold a hearing 
in accordance with the procedures prescribed in chapter 112, to 
take testimony on the determinations required to be made by the 
board.  Following the hearing, the board shall, by its findings 
and order, terminate the district as requested if the board 
determines:  
     (a) that the local units of government having jurisdiction 
over territory within the watershed have formed a joint powers 
organization for the watershed pursuant to section 473.877, 
     (b) that upon termination of the district the members of 
the joint powers organization, jointly or severally, are willing 
and able to assume ownership of the district's assets and the 
responsibility for managing and maintaining the district's 
projects as necessary to accomplish the purposes of sections 
473.875 to 473.883 and to implement the watershed plan of the 
joint powers organization to be developed pursuant to section 
473.878, and 
     (c) that the termination can be accomplished in conformance 
with subdivision 3. 
The board shall file a certified copy of the findings and order 
with the secretary of state.  The order terminating the district 
must transfer the assets of the district to the joint powers 
organization or its members.  The order must conform to 
subdivision 3.  
    Subd. 3.  [LIMITATION.] The addition or transfer of 
property or termination of a district pursuant to this section 
must not affect the benefits or damages for any improvement 
previously constructed by the district having jurisdiction over 
the property before the board's order.  The property affected is 
and remains liable for its proper share of any outstanding 
indebtedness of the watershed district applying to the property 
before the board's order, and levies and assessments for the 
indebtedness continue in force until the debt is fully paid.  In 
order to satisfy the requirements of this subdivision, the board 
may prescribe conditions on the boundary change or termination 
or may prescribe a later effective date for the termination of 
specified powers of a watershed district. 
    Sec. 6.  Minnesota Statutes 1982, section 473.878, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [OPTIONAL PARTICIPATION.] Local government 
units, within or outside of the metropolitan area, having 
territory that is not subject to the requirements of this 
section but that is within a watershed part of which is subject 
to the requirements of this section, may enter into an agreement 
under section 473.877.  A local government unit that enters into 
an agreement under this subdivision has the duties imposed and 
the authority granted in sections 473.875 to 473.883.  
    Sec. 7.  Minnesota Statutes 1982, section 473.878, 
subdivision 2, is amended to read: 
    Subd. 2.  [RESPONSIBLE UNITS.] Where a watershed management 
organization exists, the plan for the watershed shall be 
prepared and adopted by the organization.  If a watershed 
management organization is not established by December 31, 1983 
July 1, 1985, for any minor watershed unit located wholly 
outside of Hennepin and Ramsey counties, the county or counties 
containing the watershed unit shall prepare and, adopt and 
implement the watershed plan and shall have for this purpose the 
county or counties have the planning, review, and permitting, 
and financing authority of a watershed management organization 
specified in section sections 473.877 to 473.883.  If a 
watershed management organization is not established by December 
31, 1983 July 1, 1985, for any minor watershed unit within the 
metropolitan area and wholly or partly within Hennepin or Ramsey 
counties, the county or counties containing the watershed unit 
shall petition for the establishment of a watershed district 
under chapter 112, provided, however, that a district 
established pursuant to such a petition shall not cross a 
primary river nor a river forming the boundary between a 
metropolitan county and a county outside the metropolitan area, 
shall have boundaries which are based upon negotiations among 
all local government units which may have territory within the 
district and adjacent watersheds and shall not cross county 
boundaries to include territory whose distinguishing 
characteristic is multiple drainage points into a primary 
river.  A watershed management organization may request a county 
to prepare all or part of a plan.  A county may delegate the 
preparation of all or part of a plan to the county soil and 
water conservation district.  Upon request of a statutory or 
home rule charter city or town, a county may delegate the 
preparation of all or part of a plan to the city or town.  
    Sec. 8.  Minnesota Statutes 1982, section 473.878, 
subdivision 3, is amended to read: 
    Subd. 3.  [GENERAL STANDARDS.] The watershed management 
plan shall extend through the year 1990 or any year thereafter 
which is evenly divisible by five.  The plan shall contain the 
elements required by subdivision 4.  Each element shall be set 
out in the degree of detail and prescription necessary to 
accomplish the purposes of sections 473.875 to 473.883, 
considering the character of existing and anticipated physical 
and hydrogeologic conditions, land use, and development and the 
severity of existing and anticipated water management problems 
in the watershed.  The plan shall be prepared and submitted for 
review under subdivision 5 by December 31, 1985 not later than 
December 31, 1986.  Existing plans of a watershed management 
organization shall remain in force and effect until amended or 
superseded by plans adopted under sections 473.875 to 473.883.  
Existing or amended plans of a watershed management organization 
which meet the requirements of sections 473.875 to 473.883 may 
be submitted for review under subdivision 5. 
    Sec. 9.  Minnesota Statutes 1982, section 473.878, 
subdivision 4, is amended to read: 
    Subd. 4.  [CONTENTS.] The plan shall:  
    (a) Describe the existing physical environment, land use, 
and development in the area and the environment, land use, and 
development proposed in existing local and metropolitan 
comprehensive plans;  
    (b) Present information on the hydrologic system and its 
components, including any drainage systems previously 
constructed under chapter 106, and existing and potential 
problems related thereto;  
    (c) State objectives and policies, including management 
principles, alternatives and modifications, water quality, and 
protection of natural characteristics;  
    (d) Set forth a management plan, including the hydrologic 
and water quality conditions that will be sought and significant 
opportunities for improvement;  
    (e) Describe the effect of the plan on existing drainage 
systems;  
    (f) Describe conflicts between the watershed plan and 
existing plans of local government units;  
    (f) (g) Set forth an implementation program consistent with 
the management plan, which includes a capital improvement 
program and standards and schedules for amending the 
comprehensive plans and official controls of local government 
units in the watershed to bring about conformance with the 
watershed plan; and 
    (g) (h) Set out a procedure for amending the plan. 
    Sec. 10.  Minnesota Statutes 1982, section 473.882, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WATERSHED MANAGEMENT TAX DISTRICT.] Any 
local government unit planning for water management under 
sections 473.878 and 473.879 may establish a watershed 
management tax district in the territory within the watershed, 
for the purpose of paying the costs of the planning required 
under sections 473.878 and 473.879.  Any local government unit 
which has part of its territory within a watershed for which a 
plan has been adopted in accordance with section 473.878 and 
which has a local water management plan adopted in accordance 
with section 473.879 may establish a watershed management tax 
district in the territory within the watershed, for the purpose 
of paying capital costs of the water management facilities 
described in the capital improvement program of the plans and 
for the purpose of paying for normal and routine maintenance of 
the facilities.  A county or counties required by section 
473.878, subdivision 2, to prepare, adopt, and implement a 
watershed plan may apportion the costs of planning, capital 
improvements, and maintenance among the minor watershed units in 
the watershed, or among the statutory and home rule charter 
cities and towns having territory in the watershed, and for this 
purpose may establish more than one watershed management tax 
district in the watershed.  
    Sec. 11.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington.  
    Sec. 12.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 22, 1984