Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 306-S.F.No. 909 
           An act relating to natural resources; establishing a 
          state flood hazard mitigation grant program; 
          authorizing grants-in-aid to local government units; 
          revising qualifications for the office of director of 
          the division of waters; authorizing an additional 
          assistant commissioner of natural resources; 
          appropriating money; amending Minnesota Statutes 1986, 
          sections 84.01, subdivision 3; 84.081, subdivision 1; 
          104.02; 105.40, subdivision 1; and 105.482, 
          subdivision 5; proposing coding for new law in 
          Minnesota Statutes, chapter 104. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 84.01, 
subdivision 3, is amended to read:  
    Subd. 3.  Subject to the provisions of Laws 1969, chapter 
1129, and to other applicable laws the commissioner shall 
organize the department and employ two three assistant 
commissioners, both each of whom shall serve at the pleasure of 
the commissioner in the unclassified service, one of whom shall 
have responsibility for coordinating and directing the planning 
of every division within the agency, and such other officers, 
employees, and agents as the commissioner may deem necessary to 
discharge the functions of the department, define the duties of 
such officers, employees, and agents and to delegate to them any 
of the commissioner's powers, duties, and responsibilities 
subject to the control of, and under the conditions prescribed 
by, the commissioner.  Appointments to exercise delegated power 
shall be by written order filed with the secretary of state. 
    Sec. 2.  Minnesota Statutes 1986, section 84.081, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DIRECTORS.] Subject to the commissioner's 
authority to revise or abolish existing divisions and to 
establish new divisions, all as prescribed in section 84.083, 
subdivision 1, the department of natural resources shall be 
organized with the following divisions:  a division of lands and 
forestry, a division of waters, soils and minerals, a division 
of game and fish, a division of parks and recreation, and a 
division of enforcement and field service.  Each division shall 
be under the immediate charge of a director, subject to the 
supervision and control of the commissioner.  The commissioner 
may place a director's position in the unclassified service if 
the position meets the criteria established in section 43A.08, 
subdivision 1a.  They shall be chosen with regard to knowledge, 
training, experience, and ability in administering the work of 
their respective divisions, and with consideration given to 
applicable professional registration. 
    Sec. 3.  Minnesota Statutes 1986, section 104.02, is 
amended to read:  
    104.02 [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purposes of 
sections 104.01 to 104.07 and sections 4 and 5, the terms 
defined in this section have the meanings given them.  
    Subd. 2.  [REGIONAL FLOOD.] "Regional flood" means a flood 
which is representative of large floods known to have occurred 
generally in Minnesota and reasonably characteristic of what can 
be expected to occur on an average frequency in the magnitude of 
the 100 year recurrence interval.  
    Subd. 3.  [FLOODPLAIN.] "Floodplain" means the areas 
adjoining a watercourse or water basin which has been or 
hereafter may be covered by the regional flood.  
    Subd. 4.  [FLOODWAY.] "Floodway" means the channel of the 
watercourse, the bed of water basins, and those portions of the 
adjoining floodplains which are reasonably required to carry and 
discharge, and provide storage for the regional flood.  
    Subd. 5.  [FLOOD FRINGE.] "Flood fringe" means that portion 
of the floodplain outside of the floodway.  
    Subd. 6.  [LOCAL GOVERNMENTAL UNIT OR LOCAL GOVERNMENT.] 
"Local governmental unit" or "local government" means a 
county or, statutory or home rule charter city, town, watershed 
district, or lake improvement district. 
    Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
commissioner of natural resources.  
    Subd. 8.  [STRUCTURAL FLOOD MANAGEMENT 
MEASURES.] "Structural flood management measures" means physical 
actions taken to modify the behavior and extent of floods and 
flooding, including the construction of dams, dikes, levees, 
flood bypass channels, flood storage and retardation structures, 
and water level control structures, but excluding deepening or 
straightening of existing stream channels. 
    Subd. 9.  [NONSTRUCTURAL FLOOD MANAGEMENT 
MEASURES.] "Nonstructural flood management measures" means 
actions in floodplains designed to reduce the damaging effects 
of floods on existing and potential users of floodplains, 
without physically altering the flood behavior.  The measures 
include: 
    (1) public acquisition of floodplain lands; 
    (2) relocation of public and private structures and 
facilities;  
    (3) floodproofing of public and private facilities; 
    (4) installation and operation of flood warning systems and 
evacuation procedures; 
    (5) adoption and enforcement of land use control ordinances 
and building codes; 
    (6) installation of signs and other notifications in 
regional flood areas; and 
    (7) provision of flood insurance and public education. 
    Subd. 10.  [MITIGATION.] "Mitigation" means the act of 
alleviating the effects of floods and flooding by moderating or 
reducing the severe damages resulting from floods through 
structural and nonstructural flood management measures. 
    Subd. 11.  [MITIGATION MEASURES.] "Mitigation measures" 
means structural or nonstructural flood management measures, or 
both. 
    Subd. 12.  [WATER BASIN.] "Water basin" has the meaning given 
it by section 105.37, subdivision 9. 
    Sec. 4.  [104.10] [STATE INVENTORY AND ASSESSMENT.] 
    The commissioner shall conduct a statewide inventory and 
flood damage assessment of flood prone structures and lands. 
    Sec. 5.  [104.11] [FLOOD HAZARD MITIGATION GRANTS.] 
    Subdivision 1.  [GRANTS AUTHORIZED.] The commissioner may 
make grants to local governments to: 
    (1) conduct floodplain damage reduction studies to 
determine the most feasible, practical, and effective methods 
and programs for mitigating the damages due to flooding within 
flood prone rural and urban areas and their watersheds; and 
    (2) plan or implement, or both, flood mitigation measures.  
    Subd. 2.  [ACTION ON GRANT APPLICATIONS.] (a) Upon receipt 
of a request for a grant for less than $75,000 on forms provided 
by the commissioner, the commissioner shall confer with the 
local government requesting the grant and may make a grant based 
on the following considerations: 
    (1) the extent and effectiveness of mitigation measures 
already implemented by the local government requesting the grant;
    (2) the feasibility, practicality, and effectiveness of the 
proposed mitigation measures and the associated nonflood related 
benefits and detriments; 
    (3) the level of grant assistance that should be provided 
to the local government, based on available facts regarding the 
nature, extent, and severity of flood problems; 
    (4) the frequency of occurrence of severe flooding that has 
resulted in declaration of the area as a flood disaster area by 
the president of the United States; 
    (5) the economic, social, and environmental benefits and 
detriments of the proposed mitigation measures; 
    (6) whether the floodplain management ordinance or 
regulation adopted by the local government meets the minimum 
standards established by the commissioner, the degree of 
enforcement of the ordinance or regulation, and whether the 
local government is complying with the ordinance or regulation; 
    (7) the degree to which the grant request is consistent 
with local water plans developed under chapters 110B and 112 and 
sections 473.875 to 473.883; 
    (8) the financial capability of the local government to 
solve its flood hazard problems without financial assistance; 
and 
    (9) the estimated cost and method of financing of the 
proposed mitigation measures based on local money and federal 
and state financial assistance. 
    (b) If the amount of the grant requested is $75,000 or 
more, the commissioner shall determine, under the considerations 
in paragraph (a), whether any part of the grant shall be awarded 
and submit to the governor and the legislature for funding 
consideration before each odd-numbered year a list of the grant 
requests or parts of grant requests of $75,000 or more.  The 
commissioner must prioritize the grant requests, under the 
considerations in paragraph (a), beginning with the projects the 
commissioner determines most deserving of financing.  
    (c) A grant may not exceed one-half the total cost of the 
proposed mitigation measures. 
    (d) After July 1, 1991, grants made under this section may 
be made to local governments whose grant requests are part of, 
or responsive to, a comprehensive local water plan prepared 
under chapter 110B or 112 or sections 473.875 to 473.883. 
    Sec. 6.  Minnesota Statutes 1986, section 105.40, 
subdivision 1, is amended to read:  
    Subdivision 1.  The director of the division of waters, 
soils and minerals of the department of natural resources 
shall be a registered professional engineer, skilled in 
hydraulics possess the qualifications required of division 
directors by section 84.081, subdivision 1.  Under the direction 
of the commissioner, the director shall make be responsible for 
providing the surveys and engineering investigations required by 
sections 105.37 to 105.55 and shall perform the following duties.
    Sec. 7.  Minnesota Statutes 1986, section 105.482, 
subdivision 5, is amended to read:  
    Subd. 5.  [LIMITATIONS.] If the cost of repair or 
reconstruction of a state owned dam or a grant to a local 
governmental unit is less than $75,000 $250,000, the 
commissioner may direct that the state owned dam be repaired or 
reconstructed or that a grant be made to repair or reconstruct a 
dam owned by a local governmental unit without the approval of 
the state executive council.  If the cost of repair or 
reconstruction of a state owned dam, or a grant to a local 
governmental unit is $75,000 or more but less than $150,000, the 
expenditure shall be made only with the approval of the state 
executive council.  If the cost of repair or reconstruction of a 
state owned dam or a grant to a local governmental unit 
is $150,000 $250,000 or more, the commissioner may recommend the 
project to the legislature for its consideration and action, 
except in the following emergency situations.  With the approval 
of the executive council commissioner of finance after 
consulting with the legislative advisory commission, the 
commissioner may direct that a state owned dam be repaired or 
reconstructed or a grant be made to a local governmental unit 
where the commissioner determines that an emergency condition 
exists and that there is danger that life will be lost or that 
substantial property losses will be suffered if such action is 
not promptly taken. 
    Sec. 8.  [APPROPRIATION.] 
    $1,000,000 is appropriated from the water pollution control 
fund to the commissioner of natural resources for the purposes 
of sections 4 and 5, to be available until July 1, 1989. 
    Sec. 9.  [COMPLEMENT.] 
    The approved complement of the department of natural 
resources is increased by 5 positions. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1, 2, and 8 are effective the day following final 
enactment. 
    Approved May 28, 1987