Office of the Revisor of Statutes
Minnesota Session Laws - 1985, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 2-H.F.No. 9
An act relating to water; providing for comprehensive
local water management; authorizing counties to
develop and implement county water and related land
resources plans; providing additional authorities to
counties; providing additional duties of the water
resources board; proposing coding for new law as
Minnesota Statutes, chapter 110B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [110B.01] [TITLE.]
Sections 1 to 12 may be cited as the "comprehensive local
water management act."
Sec. 2. [110B.02] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 1 to 12.
Subd. 2. [BOARD.] "Board" means the water resources board.
Subd. 3. [COMPREHENSIVE WATER PLAN.] "Comprehensive water
plan" means the plan adopted by a county under sections 3 and 4.
Subd. 4. [GROUNDWATER SYSTEMS.] "Groundwater systems"
means the 14 principal aquifers of the state as defined by the
United States Geological Survey in the Water-Resources
Investigations 81-51, entitled "Designation of Principal Water
Supply Aquifers in Minnesota" (August 1981), and its revisions.
Subd. 5. [LOCAL UNITS OF GOVERNMENT.] "Local units of
government" means municipalities, towns, counties, soil and
water conservation districts, watershed districts, organizations
formed for the joint exercise of powers under section 471.59,
and other special purpose districts or authorities exercising
authority in water and related land resources management at the
local level.
Subd. 6. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city.
Subd. 7. [OFFICIAL CONTROLS.] "Official controls" means
ordinances and regulations that control the physical development
of the whole or part of a local government unit or that
implement the general objectives of the local government unit.
Subd. 8. [RELATED LAND RESOURCES.] "Related land resources"
means land affected by present or projected management practices
that have significant effects on the quantity and quality, or
use of groundwater or surface water.
Subd. 9. [WATERSHED MANAGEMENT ORGANIZATION.] "Watershed
management organization" has the meaning given in section
473.876, subdivision 9.
Subd. 10. [WATERSHED UNITS.] "Watershed units" means each
of the 81 major watershed units identified in the state
watershed boundaries map prepared pursuant to the requirements
of Laws 1977, chapter 455, section 33, subdivision 7, paragraph
(a) and the accompanying data base, and the revisions of that
data base.
Sec. 3. [110B.04] [COUNTY WATER PLANNING AND MANAGEMENT.]
Subdivision 1. [COUNTY DUTIES.] Each county is encouraged
to develop and implement a comprehensive water plan. Each
county that develops and implements a plan has the duty and
authority to:
(1) prepare and adopt a comprehensive water plan that meets
the requirements of this section and section 4;
(2) review water and related land resources plans and
official controls submitted by local units of government to
assure consistency with the comprehensive water plan; and
(3) exercise any and all powers necessary to assure
implementation of comprehensive water plans.
Subd. 2. [DELEGATION.] The county is responsible for
preparing, adopting, and assuring implementation of the
comprehensive water plan, but may delegate all or part of the
preparation of the plan to a local unit of government, a
regional development commission, or a resource conservation and
development committee. The county may not delegate authority
for the exercise of eminent domain, taxation, or assessment to a
local unit of government that does not possess those powers.
Subd. 3. [COORDINATION.] (a) To assure the coordination of
efforts of all local units of government within a county during
the preparation and implementation of a comprehensive water
plan, each county intending to adopt a plan shall conduct
meetings with other local units of government and may execute
agreements with other local units of government establishing the
responsibilities of each unit during the preparation and
implementation of the comprehensive water plan.
(b) Each county intending to adopt a plan shall coordinate
its planning program with contiguous counties. Before meeting
with local units of government, a county board shall notify the
county boards of each county contiguous to it that the county is
about to begin preparing its comprehensive water plan and is
encouraged to request and hold a joint meeting with the
contiguous county boards to consider the planning process.
Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A comprehensive
water plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed
units and groundwater systems;
(3) be based upon principles of sound hydrologic management
of water, effective environmental protection, and efficient
management;
(4) be consistent with comprehensive water plans prepared
by counties and watershed management organizations wholly or
partially within a single watershed unit or groundwater system;
and
(5) apply to every year through the year 1995 or any later
year that is evenly divisible by five, and be updated before the
period covered expires.
(b) Existing water and related land resources plans,
including plans related to agricultural land preservation
programs developed pursuant to chapter 40A, must be fully
utilized in preparing the comprehensive water plan. Duplication
of the existing plans is not required.
Subd. 5. [WATERSHED DISTRICT AND INTERCOUNTY JOINT POWERS
BOARD PLANS AND RULES.] A county must incorporate into its
comprehensive water plan any existing plans and rules adopted by
a watershed district or intercounty joint powers board having
jurisdiction wholly or partly within the county. A county may
change the plans and rules it incorporates if the county
demonstrates in its comprehensive water plan why the changes are
necessary and if the changes are agreed to by each county that
is: (1) responsible for the appointment of a manager serving on
the watershed board, or (2) represented on the joint powers
board.
Subd. 6. [SCOPE OF PLANS.] Comprehensive water plans must
include:
(1) a description of the existing and expected changes to
physical environment, land use, and development in the county;
(2) available information about the surface water,
groundwater, and related land resources in the county, including
existing and potential distribution, availability, quality, and
use;
(3) objectives for future development, use, and
conservation of water and related land resources, including
objectives that concern water quality and quantity and related
land use conditions, and a description of actions that will be
taken in affected watersheds or groundwater systems to achieve
the objectives;
(4) a description of potential changes in state programs,
policies, and requirements considered important by the county to
management of water resources in the county;
(5) a description of conflicts between the comprehensive
water plan and existing plans of other local units of government;
(6) a description of possible conflicts between the
comprehensive water plan and existing or proposed comprehensive
water plans of other counties in the affected watershed units or
groundwater systems;
(7) a program for implementation of the plan that is
consistent with the plan's management objectives and includes
schedules for amending official controls and water and related
land resources plans of local units of government to conform
with the comprehensive water plan, and the schedule, components,
and expected state and local costs of any projects to implement
the comprehensive water plan that may be proposed, although this
does not mean that projects are required by this section; and
(8) a procedure for amending the comprehensive water plan.
Subd. 7. [DATA ACQUISITION.] The data collected under this
section that has common value as determined by the state
planning agency for natural resources planning must be provided
and integrated into the Minnesota land management information
systems geographic and summary data bases according to published
data compatibility guidelines.
Sec. 4. [110B.08] [COMPREHENSIVE WATER PLAN REVIEW AND
ADOPTION.]
Subdivision 1. [LOCAL REVIEW.] When the comprehensive
water plan is completed, but before its final adoption by the
county board, the county board shall submit the comprehensive
water plan for review and comment to:
(1) all local units of government wholly or partly within
the county;
(2) the applicable regional development commission, if any;
(3) each contiguous county and watershed management
organization; and
(4) other counties or watershed management organizations
within the same watershed unit and groundwater system that may
be affected by proposals in the comprehensive water plan.
Subd. 2. [COMMENTS TO COUNTY BOARD.] (a) A local unit of
government must review the comprehensive water plan and existing
water and related land resources plans or official controls and
in its comments describe in a general way possible amendments to
its existing plans or official controls, and an estimate of the
fiscal or policy effects that would be associated with those
amendments, to bring them into conformance with the
comprehensive water plan.
(b) A county or watershed management organization within
the same watershed unit or groundwater system must review
comprehensive water plans received and describe in its comments
possible conflicts with its existing or proposed comprehensive
water plan and suggest measures to resolve the conflicts.
(c) The regional development commission shall review the
plan under section 462.391, subdivision 1.
Subd. 3. [LOCAL REVIEW PERIOD.] Comments under subdivision
2 must be submitted to the county board within 60 days after
receiving a comprehensive water plan for comment, unless the
county board of the county that prepared the plan determines
that good cause exists for an extension of this period and
grants an extension.
Subd. 4. [PUBLIC HEARING.] The county board shall conduct
a public hearing on the comprehensive water plan pursuant to
section 375.51 after the 60-day period for local review and
comment is completed, but before submitting it to the state for
review.
Subd. 5. [STATE REVIEW.] (a) After conducting the public
hearing but before final adoption, the county board must submit
its comprehensive water plan, all written comments received on
the plan, a record of the public hearing under subdivision 4,
and a summary of changes incorporated as a result of the review
process to the board for review. The board shall complete the
review within 90 days after receiving a comprehensive water plan
and supporting documents. The board shall consult with the
departments of agriculture, health, and natural resources; the
pollution control agency; the state planning agency; the
environmental quality board; and other appropriate state
agencies during the review.
(b) The board may disapprove a comprehensive water plan if
the board determines the plan is not consistent with state law.
If a plan is disapproved, the board shall provide a written
statement of its reasons for disapproval. A disapproved
comprehensive water plan must be revised by the county board and
resubmitted for approval by the board within 120 days after
receiving notice of disapproval of the comprehensive water plan,
unless the board extends the period for good cause. The
decision of the board to disapprove the plan may be appealed by
the county to district court.
Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board
shall adopt and begin implementation of its comprehensive water
plan within 120 days after receiving notice of approval of the
plan from the board.
Subd. 7. [AMENDMENTS.] Amendments to a comprehensive water
plan must be submitted to local units of government and to the
board in the same manner as a comprehensive water plan.
Sec. 5. [110B.10] [DUTIES OF THE BOARD.]
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
water plans that provide for a flexible approach to meeting the
different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive water plans, including identification of pertinent
data and studies available from the state and federal government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 1 to 12 in
conjunction with the association of Minnesota counties;
(4) determine contested cases under section 10;
(5) establish a process for review of comprehensive water
plans that assures the plans are consistent with state law; and
(6) report to the legislative commission on Minnesota
resources as required by section 11.
Subd. 2. [RULEMAKING.] The board shall adopt rules to
implement sections 1 to 12.
Subd. 3. [LOCAL ADVISORY COMMITTEE.] The board shall use a
committee, consisting of persons representing counties, soil and
water conservation districts, municipalities, and townships and
persons interested in water planning, to assist the board in the
water planning process. Members must be appointed, serve, and
be paid their expenses but may not receive other compensation,
pursuant to section 15.014.
Sec. 6. [110B.12] [CONSISTENCY OF LOCAL PLANS AND CONTROLS
WITH THE COMPREHENSIVE WATER PLAN.]
Subdivision 1. [REQUIREMENT.] Local units of government
shall amend existing water and related land resources plans and
official controls as necessary to conform them to the
applicable, approved comprehensive water plan following the
procedures in this section.
Subd. 2. [PROCEDURE.] Within 90 days after local units of
government are notified by the county board of the adoption of a
comprehensive water plan or of adoption of an amendment to a
comprehensive water plan, the local units of government
exercising water and related land resources planning and
regulatory responsibility for areas within the county must
submit existing water and related land resources plans and
official controls to the county board for review. The county
board shall identify any inconsistency between the plans and
controls and the comprehensive water plan and shall recommend
the amendments necessary to bring local plans and official
controls into conformance with the comprehensive water plan.
Subd. 3. [REVISION AND IMPLEMENTATION.] Local units of
government shall revise existing plans and official controls to
conform them to the recommendations of the county board and
shall initiate implementation of the revised plans and controls
within 180 days after receiving the recommendations of the
county board, or 180 days after resolution of an appeal,
whichever is later.
Subd. 4. [APPEALS.] A local unit of government may, within
60 days after receiving the recommendations of the county board,
appeal any recommendation to the water resources board for a
hearing as provided in section 10.
Subd. 5. [NEW PLANS AND CONTROLS.] New or amended water
and related land resources plans and official controls proposed
by local units of government for their adoption following
adoption of the comprehensive water plan shall be submitted to
the county board for review and recommendation as provided under
this section.
Sec. 7. [110B.15] [AUTHORITY UNDER APPROVED COMPREHENSIVE
WATER PLANS.]
Subdivision 1. [AUTHORITY.] When an approved comprehensive
water plan is adopted the county has the authority specified in
this section.
Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The
county may regulate the use and development of water and related
land resources within incorporated areas when one or more of the
following conditions exists:
(1) the municipality does not have a local water and
related land resources plan or official controls consistent with
the comprehensive water plan;
(2) a municipal action granting a variance or conditional
use would result in an action inconsistent with the
comprehensive water plan;
(3) the municipality has authorized the county to require
permits for the use and development of water and related land
resources; or
(4) a state agency has delegated the administration of a
state permit program to the county.
Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A
county may:
(1) acquire in the name of the county, by condemnation
under chapter 117, real and personal property found by the
county board to be necessary for the implementation of an
approved comprehensive water plan;
(2) assess the costs of projects necessary to implement the
comprehensive water plan undertaken under sections 1 to 12 upon
the property benefited within the county in the manner provided
for municipalities by chapter 429.
(3) charge users for services provided by the county
necessary to implement the comprehensive water plan; and
(4) establish one or more special taxing districts within
the county and issue bonds for the purpose of financing capital
improvements under sections 1 to 12.
Subd. 4. [SPECIAL TAXING DISTRICT.] (a) A tax district
authorized under subdivision 3, clause (4), must be established
by resolution adopted by the county board after a hearing.
Notice of the time, place, and purpose of the hearing must be
published for two successive weeks in the official newspaper of
the county, ending at least seven days before the day of the
hearing. The resolution must describe with particularity the
territory or area to be included in the tax district. After
adoption, the resolution must be filed with the county auditor
and county recorder. The district may be dissolved by following
the procedures prescribed for the establishment of the district.
(b) After adoption of the resolution under paragraph (a), a
county may annually levy a tax on all taxable property in the
district for the purposes for which the tax district was
established. The proceeds of the tax must be paid into a fund
reserved for these purposes. Any proceeds remaining in the
reserve fund at the time the tax is terminated or the district
is dissolved must be transferred and irrevocably pledged to the
debt service fund of the county to be used only to reduce tax
levies for bonded indebtedness of taxable property in the
district. A tax levied in accordance with this subdivision for
paying capital costs is a levy for the payment of principal and
interest on bonded indebtedness within the meaning of section
275.50, subdivision 5, clause (e).
(c) After adoption of the resolution under paragraph (a),
and after a contract for the construction of all or part of an
improvement has been entered into or the work has been ordered
to be done by hired labor, the county may issue obligations in
the amount determined by the county board to be necessary to pay
in whole or in part the capital cost incurred and estimated to
be incurred in making the improvement. The obligations are
payable out of the proceeds of the tax levied under this
subdivision. The county board may, by resolution adopted prior
to the sale of obligations, pledge the full faith, credit, and
taxing power of the county to assure payment of the principal
and interest in the event the proceeds of the tax levy in the
district are insufficient to pay principal and interest. The
amount of any taxes that are required to be levied outside of
the territory of the tax district or taken from the general
funds of the county to pay principal and interest on the
obligations must be reimbursed to the county from taxes levied
within the territory of the tax district. Obligations must be
issued in accordance with chapter 475, except that an election
is not required and the amount of any obligations must not be
included in determining the net indebtedness of the county under
the provisions of any law or charter limiting indebtedness.
Sec. 8. [110B.20] [EXEMPTION FROM LEVY LIMIT.]
The governing body of any county, municipality, or township
may levy a tax in an amount required to implement sections 1 to
12. A levy to pay the cost of implementing sections 1 to 12 or
to pay the cost of projects or programs identified in an adopted
comprehensive water plan is in addition to other taxes
authorized by law. The amount of the levy up to .75 mill times
the adjusted assessed valuation of the county, municipality, or
town is exempt from any limitation on taxes imposed by chapter
275.
Sec. 9. [110B.22] [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 Laws 1985,
chapter 172, sections 1 to 92 and not sections 1 to 12.
Sec. 10. [110B.25] [RESOLUTION OF DISPUTES.]
Subdivision 1. [INFORMAL RESOLUTION.] The county or other
local unit of government may request a meeting with the chair of
the water resources board 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 contested case 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 6.
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 6.
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 state office of administrative hearings
under the contested case procedure of chapter 14 within 60 days
of the request. The subject of the hearing may not extend to
questions concerning the need for a comprehensive water plan.
In the report of the administrative law judge, the fees of the
office of administrative hearings and transcript fees must be
equally apportioned among the parties to the proceeding. Within
60 days after receiving the report of the administrative law
judge, 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.
Sec. 11. [110B.28] [COMMISSION OVERSIGHT; REPORT
REQUIRED.]
The board shall, on or before January 15 of each year,
submit to the legislative commission on Minnesota resources a
written report on the board's functions and the implementation
of the comprehensive local water management act since the
previous report under this section was submitted. The report to
the commission must include the board's recommendations for
changes to the comprehensive local water management act and any
recommendations for funding. The board shall also report to the
commission at other times requested by the commission. The
commission may make recommendations to the legislature
concerning the funding, implementation, and amendment of the act.
Sec. 12. [110B.30] [APPLICATION.]
Sections 1 to 11 do not apply in areas subject to the
requirements of section 473.878, subdivision 1, and in areas
covered by an agreement entered into by December 31, 1985, under
section 473.878, subdivision 1a, except as otherwise provided in
section 3, subdivision 4, clause (4); section 4, subdivision 1,
clauses (3) and (4); and section 4, subdivision 2, clause (b).
Approved June 24, 1985
Official Publication of the State of Minnesota
Revisor of Statutes