Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 184-H.F.No. 1238
An act relating to waters; planning, development,
review, reporting, and coordination of surface and
groundwater management in the metropolitan area;
amending Minnesota Statutes 1994, sections 103B.205,
by adding a subdivision; 103B.211, subdivision 1;
103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by
adding a subdivision; 103B.235, subdivision 3;
103B.241, subdivision 1; 103B.245, subdivisions 1 and
4; 103B.251, subdivisions 3 and 7; 103B.255,
subdivisions 6, 7, 8, 9, 10, and 12; 103B.311,
subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6;
103B.355; and 103B.611, subdivisions 1 and 2;
proposing coding for new law in Minnesota Statutes,
chapter 103B; repealing Minnesota Statutes 1994,
sections 103B.227, subdivision 6; 103B.231,
subdivisions 5 and 12; and 103B.3365.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 103B.205, is
amended by adding a subdivision to read:
Subd. 10b. [STATE REVIEW AGENCIES.] "State review agencies"
means the commissioners of natural resources, the pollution
control agency, agriculture, and health.
Sec. 2. Minnesota Statutes 1994, section 103B.211,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] (a) 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 103B.205 to
103B.255, may provide, in addition to other provisions
authorized by section 471.59, for a joint board having:
(1) the authority to prepare, adopt, and implement a plan
for the watershed meeting the requirements of section 103B.231;
(2) the authority to review and approve local water
management plans as provided in section 103B.235;
(3) the authority of a watershed district under chapter
103D to regulate the use and development of land in the
watershed when one or more of the following conditions exists:
(i) 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 103B.235 or has not adopted the
implementation program described in the plan;
(ii) 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; or
(iii) the local government unit has authorized the
organization to require permits for the use and development of
land;
(4) the authority of a watershed district under section
103D.625, 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: (i) projects may be carried out under the powers
granted in sections 103B.205 to 103B.255 or chapter 103D or
103E; and (ii) proceedings of the board with respect to the
systems must be in conformance with the watershed plan adopted
under section 103B.231; and
(5) the authority of a watershed district under section
103D.911 to adopt a budget, and decide on the total amount
necessary to be raised from ad valorem tax levies to meet the
budget;
(6) the authority of a watershed district under section
103D.915 to certify its budget with the auditor of each county
having territory within the joint powers watershed management
organization;
(7) the authority of a watershed district under section
103D.901 to file approved assessment statements with each
affected county; and
(8) other powers necessary to exercise the authority under
clauses (1) to (3), including the power to enter into contracts
for the performance of functions with governmental units or
persons.
(b) The board of water and soil resources shall adopt rules
prescribing minimum requirements for the content of watershed
management organization joint powers agreements.
(c) Decisions by a joint powers board may not require more
than a majority vote, except a decision on a capital improvement
project, which may require no more than a two-thirds vote.
Sec. 3. Minnesota Statutes 1994, section 103B.231,
subdivision 3, is amended to read:
Subd. 3. [RESPONSIBLE UNITS.] (a) Where a watershed
management organization exists, the plan for the watershed must
be prepared and adopted by the organization.
(b) If a watershed management organization is not
established by July 1, 1985, for any minor watershed unit
located wholly outside of Hennepin and Ramsey counties, is
terminated, or the board of water and soil resources determines
a plan is not being implemented in accordance with its rules,
the county or counties containing the watershed unit shall
prepare, adopt, and implement the watershed plan and for this
purpose the county or counties have the planning, review,
permitting, and financing authority of a watershed management
organization specified in sections 103B.211 to 103B.255.
(c) If a watershed management organization is not
established by 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 103D provided, however, that a district
established pursuant to a petition: is terminated or the board
of water and soil resources determines a plan is not being
implemented the county or counties shall petition for the
establishment of a watershed district under chapter 103D.
(1) may not cross a primary river or a river forming the
boundary between a metropolitan county and a county outside the
metropolitan area; and
(2) must have boundaries that are based upon negotiations
among all local government units that may have territory within
the district and adjacent watersheds; and
(3) may not cross county boundaries to include territory
whose distinguishing characteristic is multiple drainage points
into a primary river.
(d) A watershed management organization may request a
county to prepare all or part of a plan.
(e) A county may delegate the preparation of all or part of
a plan to the county soil and water conservation district.
(f) 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.
(g) If the board of water and soil resources determines
that a watershed management organization or county has not
developed a draft plan, is not implementing the plan, has not
delegated implementation of the plan, and has not petitioned for
the creation of a watershed district:
(1) state agencies may withhold from local government units
state funding for water programs for projects within the
watershed;
(2) state agencies may withhold from local government units
delegation of state water resource regulatory authority within
the watershed; and
(3) state agencies may suspend issuance of water-related
permits within the watershed; and
(4) the board may request state agencies to withhold
portions of state aid funding used for the installation of curb
and gutter and other drainage facilities of public
transportation projects within the watershed.
The provisions of this paragraph apply until the board of
water and soil resources determines that a plan is being
implemented in accordance with its rules.
(h) Appeals from the board of water and soil resources
determination are made in the same manner as appeals under
section 103B.345, subdivision 5.
Sec. 4. Minnesota Statutes 1994, section 103B.231, is
amended by adding a subdivision to read:
Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and
soil resources in consultation with the state review agencies
and the metropolitan council shall develop a priority schedule
for the revision of plans required under this chapter.
(b) The prioritization should be based on but not be
limited to status of current plan, scheduled revision dates,
anticipated growth and development, existing and potential
problems, and regional water quality goals and priorities.
(c) The schedule will be used by the board of water and
soil resources in consultation with the state review agencies
and the metropolitan council to direct watershed management
organizations of when they will be required to revise their
plans.
(d) Upon notification from the board of water and soil
resources that a revision of a plan is required, a watershed
management organization shall have 24 months from the date of
notification to revise and submit a plan for review.
(e) In the event that a plan expires prior to notification
from the board of water and soil resources under this section,
the existing plan, authorities, and official controls of a
watershed management organization shall remain in full force and
effect until a revision is approved.
(f) A one-year extension to submit a revised plan may be
granted by the board.
(g) Watershed management organizations submitting plans and
draft plan amendments for review prior to the board's priority
review schedule, may proceed to adopt and implement the plan
revisions without formal board approval if the board fails to
adjust its priority review schedule for plan review, and
commence its statutory review process within 45 days of
submittal of the plan revision or amendment.
Sec. 5. Minnesota Statutes 1994, section 103B.231,
subdivision 4, is amended to read:
Subd. 4. [GENERAL STANDARDS.] (a) The watershed management
plan must specify the period covered by the plan and must extend
through the year 1990 or any later year that is evenly divisible
by five at least five years but no more than ten years from the
date the board approves the plan. Plans that contain revision
dates inconsistent with this section must comply with that date,
provided it is not more than ten years beyond the date of board
approval.
(b) The plan must be updated before the expiration of the
period covered by the plan. The plan must be reviewed for
consistency with an adopted county groundwater plan, and revised
as necessary, whenever the watershed plan undergoes substantial
revision or updating. In counties that adopt or amend
groundwater plans within five years following August 1, 1987,
watershed plans must be reviewed for consistency with the county
groundwater plan, and revised as necessary, not later than six
years following August 1, 1987. In counties that adopt or amend
groundwater plans after five years following August 1, 1987,
watershed plans must be reviewed for consistency with the county
groundwater plan, and revised as necessary, not later than one
year following the adoption or amendment of the groundwater plan
to the degree necessary to become compliant with the groundwater
plan no later than two years after adoption by the county. A
one-year extension may be granted by the board. Upon the
request of a watershed management organization, the county shall
provide a written statement that:
(1) identifies any substantial inconsistencies between the
watershed plan and the groundwater plan and any substantial
adverse effects of the watershed plan on the groundwater plan;
and
(2) evaluates, estimates the cost of, and recommends
alternatives for amending the watershed plan to rectify any
substantial inconsistencies and adverse effects.
(c) The plan shall contain the elements required by
subdivision 6. Each element shall be set out in the degree of
detail and prescription necessary to accomplish the purposes of
sections 103B.205 to 103B.255, 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.
(d) The plan shall be prepared and submitted for review
under subdivision 7 not later than December 31, 1986.
(e) Existing plans of a watershed management organization
shall remain in force and effect until amended or superseded by
plans adopted under sections 103B.205 to 103B.255. Existing or
amended plans of a watershed management organization which meet
the requirements of sections 103B.205 to 103B.255 may be
submitted for review under subdivision 7.
(f) (e) Watershed management organizations shall coordinate
their planning activities with contiguous watershed management
organizations and counties conducting water planning and
implementation under sections 103B.101 and 103B.301 to 103B.355.
Sec. 6. Minnesota Statutes 1994, section 103B.231,
subdivision 6, is amended to read:
Subd. 6. [CONTENTS.] (a) The plan shall:
(1) 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;
(2) present information on the hydrologic system and its
components, including drainage systems previously constructed
under chapter 103E, and existing and potential problems related
thereto;
(3) state objectives and policies, including management
principles, alternatives and modifications, water quality, and
protection of natural characteristics;
(4) set forth a management plan, including the hydrologic
and water quality conditions that will be sought and significant
opportunities for improvement;
(5) describe the effect of the plan on existing drainage
systems;
(6) identify high priority areas for wetland preservation,
enhancement, restoration, and establishment and describe any
conflicts with wetlands and land use in these areas;
(7) describe conflicts between the watershed plan and
existing plans of local government units;
(8) 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
(9) set out a procedure procedures and timelines for
amending the plan.
(b) The board shall adopt rules to establish standards and
requirements for amendments to watershed plans. The rules must
include:
(1) performance standards for the watershed plans, which
may distinguish between plans for urban areas and rural areas;
(2) minimum requirements for the content of watershed plans
and plan amendments, including public participation process
requirements for amendment and implementation of watershed
plans;
(3) standards for the content of capital improvement
programs to implement watershed plans, including a requirement
that capital improvement programs identify structural and
nonstructural alternatives that would lessen capital
expenditures; and
(4) how watershed plans are to specify the nature of the
official controls required to be adopted by the local units of
government, including uniform erosion control, stormwater
retention, and wetland protection ordinances in the metropolitan
area.
Sec. 7. Minnesota Statutes 1994, section 103B.231,
subdivision 7, is amended to read:
Subd. 7. [LOCAL 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) Sixty days after the submission to local government
units for comment, the organization shall submit the plan, any
comments received, and any appropriate amendments to the plan,
to the board of the county or counties having territory within
the watershed The watershed management organization must respond
in writing to any concerns expressed by the review agencies
within 30 days of receipt thereof.
(c) The watershed management organization must hold a
public hearing on the draft plan no sooner than 30 days and no
later than 45 days after the 60-day review period of the draft
plan. The county 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. The Each county
has 60 days 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. 8. Minnesota Statutes 1994, section 103B.231,
subdivision 8, is amended to read:
Subd. 8. [REVIEW BY METROPOLITAN COUNCIL AND STATE REVIEW
AGENCIES.] After completion of the review under subdivision 7,
the draft plan and, any amendments thereto, all written comments
received on the 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. Notwithstanding any provision to the contrary
in 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. The council
may mediate and attempt to resolve differences among local
governmental agencies regarding the plan. The state review
agencies shall review and comment on the consistency of the plan
with state laws and rules relating to water and related land
resources. The state review agencies shall forward their
comments within 45 days after they receive the final review
draft of the plan to the board. A state review agency may
request and receive up to a 30-day extension of this review
period from the board.
Sec. 9. Minnesota Statutes 1994, section 103B.231,
subdivision 9, is amended to read:
Subd. 9. [REVIEW BY STATE AGENCIES APPROVAL BY THE BOARD.]
After completion of the review under subdivision 8, the plan and
all comments received shall be submitted to the commissioners of
natural resources, health, and the pollution control agency for
review and comment on the consistency of the plan with state
laws and rules relating to water and related land resources, and
to the board of water and soil resources for review under
sections 103D.401 and 103D.405. Except as otherwise provided in
this subdivision, the board of water and soil resources shall
review the plan as provided in sections 103D.401 and 103D.405.
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. 10. Minnesota Statutes 1994, 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, and other 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, 8, 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, 8, and 9. Minor amendments
to a plan shall be reviewed in accordance with standards
prescribed in the watershed management plan.
Sec. 11. Minnesota Statutes 1994, section 103B.235,
subdivision 3, is amended to read:
Subd. 3. [REVIEW.] After consideration but before adoption
by the governing body, each local unit shall submit its water
management plan to the watershed management organization for
review for consistency with the watershed plan adopted pursuant
to section 103B.231. If the county or counties having territory
within the local unit have a state-approved and locally adopted
groundwater plan, the local unit shall submit its plan to the
county or counties for review. The county or counties have 45
days to review and comment on the plan. The organization shall
approve or disapprove the local plan or parts of the plan. The
organization shall have 60 days to complete its review. If the
organization fails to complete its review within the prescribed
period, the local plan shall be deemed approved unless an
extension is agreed to by the local unit.
Sec. 12. Minnesota Statutes 1994, section 103B.241,
subdivision 1, is amended to read:
Subdivision 1. [WATERSHED PLANS AND PROJECTS.] A levy to
pay the increased costs to Notwithstanding chapter 103D, a local
government unit or watershed management organization of
implementing sections 103B.231 and 103B.235 or to pay costs of
improvements and maintenance of improvements identified in an
approved and adopted plan shall be in addition to any other
taxes authorized by law. Notwithstanding any provision to the
contrary in chapter 103D, a watershed district may levy a tax
sufficient to pay the increased costs to the district of
implementing sections 103B.231 and 103B.235 may levy a tax to
pay the increased costs of preparing a plan under sections
103B.231 and 103B.235 or for projects identified in an approved
and adopted plan necessary to implement the purposes of section
103B.201. The proceeds of any tax levied under this section
shall be deposited in a separate fund and expended only for the
purposes authorized by this section. Watershed management
organizations and local government units may accumulate the
proceeds of levies as an alternative to issuing bonds to finance
improvements.
Sec. 13. Minnesota Statutes 1994, section 103B.245,
subdivision 1, is amended to read:
Subdivision 1. [WATERSHED MANAGEMENT TAX DISTRICT.] (a)
Any local government unit planning for water management under
sections 103B.231 and 103B.235 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 103B.231 and 103B.235.
(b) Any local government unit which has part of its
territory within a watershed for which a plan has been adopted
in accordance with section 103B.231 and which has a local water
management plan adopted in accordance with section 103B.235 may
establish a watershed management tax district in the territory
within the watershed or a subwatershed unit in 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.
(c) A county or counties required by section 103B.231,
subdivision 3, to prepare, adopt, and implement a watershed plan
shall apportion the costs of planning, capital improvements, and
maintenance proportionate to benefits. The county may apportion
the costs among the subwatershed 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.
(d) Notification of new watershed management tax districts
established under this subdivision must be made to the county
auditor by July 1 in order to be effective for taxes payable in
the following year.
Sec. 14. Minnesota Statutes 1994, section 103B.245,
subdivision 4, is amended to read:
Subd. 4. [BONDS.] After adoption of the ordinance under
subdivision 2, and after a contract for the construction of all
or part of an improvement has been entered into or the work has
been ordered done by day labor, the local government unit may
issue obligations in the amount it deems necessary to pay in
whole or in part the capital cost incurred and estimated to be
incurred in making the improvement project. The obligations
shall be payable out of the proceeds of the tax levied pursuant
to subdivision 3. The local unit may by resolution of its
governing body adopted prior to the sale of obligations pledge
the full faith, credit and taxing power of the local unit 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 which are
required to be levied outside of the territory of the tax
district or taken from the general funds of the local unit to
pay principal and interest on the obligations shall be
reimbursed to the local unit from taxes levied within the
territory of the tax district. Obligations shall be issued in
accordance with chapter 475, except that an election is not
required and the amount of any obligations shall not be included
in determining the net indebtedness of the local unit under the
provisions of any law or charter limiting indebtedness.
Sec. 15. Minnesota Statutes 1994, section 103B.251,
subdivision 3, is amended to read:
Subd. 3. [IMPROVEMENT HEARING NOTICE.] (a) The
organization shall then hold a public hearing on the proposed
improvement, following publication once each week for two
successive weeks before the date of the hearing in a legal
newspaper published in the county or counties in which a part or
all of the affected waters and lands are located. The last
publication shall occur not more than 30 days nor less than ten
days before the hearing.
(b) The notice shall state the time and place of hearing,
the general nature of the proposed improvement, the estimated
cost, and the method by which the cost of the improvement is to
be paid, including the cost to be allocated to each county or
minor watershed unit under subdivision 5. The cost must be
apportioned according to the benefits received by property in
the county.
(c) At least ten days before the hearing, notice by mail
shall be given to the counties and to each home rule charter or
statutory city or town located wholly or partly within the
territory of the watershed management organization.
(d) Failure to give mailed notice or defects in the notice
shall not invalidate the proceedings.
Sec. 16. Minnesota Statutes 1994, section 103B.251,
subdivision 7, is amended to read:
Subd. 7. [BONDS.] In order to make the payment required by
subdivision 6, the county board of each county may issue general
obligation bonds of the county in the amount necessary to pay
all or part of the cost of improvements projects certified to
the county board or to refund general obligation bonds issued
for this purpose. The bonds shall be sold, issued, and secured
in accordance with the provisions of chapter 475 for general
obligation bonds, except as otherwise provided in this
subdivision. No election shall be required.
Sec. 17. [103B.252] [EMERGENCY PROJECTS.]
Subdivision 1. [GENERAL AUTHORITY.] Notwithstanding
chapter 103D, a local government unit or a watershed management
organization which has an approved and adopted plan may
undertake and perform emergency projects under this section.
Subd. 2. [DECLARATION OF EMERGENCY.] If the joint powers
board, watershed district managers, or local government unit
find that conditions exist that present a clear and imminent
danger to the health or welfare of the people of the watershed
management organization or local government unit, and that to
delay action would prejudice the interests of the people of the
watershed management organization or local government unit, or
would likely cause permanent harm, the joint powers board,
watershed district managers, or local government unit may
declare the existence of an emergency and designate the
location, watershed or subwatershed unit, nature, and extent of
the emergency.
Subd. 3. [PROJECT ORDER.] If an emergency has been
declared to the extent necessary to protect the interests of the
watershed management organization or the local government unit,
the joint powers board, watershed district managers, or local
government unit may order that the work be done under the
direction of the joint powers board, watershed district
managers, or local government unit and their engineer, without a
contract.
Sec. 18. Minnesota Statutes 1994, section 103B.255,
subdivision 6, is amended to read:
Subd. 6. [GENERAL STANDARDS.] (a) The groundwater plan
must specify the period covered by the plan and must extend
through the year 1995 or any later year that is evenly divisible
by five at least five years but no more than ten years from the
date the board approves the plan. The plan must contain the
elements required by subdivision 7. Each element must be set
out in the degree of detail and prescription necessary to
accomplish the purposes of sections 103B.205 to 103B.255,
considering the character of existing and anticipated physical
and hydrogeologic conditions, land use, and development and the
severity of existing and anticipated groundwater management
problems in the county.
(b) To the fullest extent possible in a manner consistent
with groundwater protection, a county shall make maximum use of
existing and available data and studies in preparing the
groundwater plan and incorporate into its groundwater plan
relevant data from existing plans and studies and the relevant
provisions of existing plans adopted by watershed management
organizations having jurisdiction wholly or partly within the
county.
Sec. 19. Minnesota Statutes 1994, section 103B.255,
subdivision 7, is amended to read:
Subd. 7. [CONTENTS.] A groundwater plan must:
(1) cover the entire area within the county;
(2) describe existing and expected changes to the physical
environment, land use, and development in the county;
(3) summarize available information about the groundwater
and related resources in the county, including existing and
potential distribution, availability, quality, and use;
(4) state the goals, objectives, scope, and priorities of
groundwater protection in the county;
(5) contain standards, criteria, and guidelines for the
protection of groundwater from pollution and for various types
of land uses in environmentally sensitive areas, critical areas,
or previously contaminated areas;
(6) describe relationships and possible conflicts between
the groundwater plan and the plans of other counties, local
government units, and watershed management organizations in the
affected groundwater system;
(7) set forth standards and, guidelines, and official
controls for implementation of the plan by watershed management
organizations and local units of government; and
(8) include a procedure procedures and timelines for
amending the groundwater plan.
Sec. 20. Minnesota Statutes 1994, section 103B.255,
subdivision 8, is amended to read:
Subd. 8. [LOCAL REVIEW AND COMMENT OF THE DRAFT PLAN.] (a)
Upon completion of the groundwater plan but before final
adoption by the county, the county shall submit the draft plan
for a 60-day review and comment period to adjoining counties,
the metropolitan council, the state review agencies, the board
of water and soil resources, each soil and water conservation
district, town, statutory and home rule charter city, and
watershed management organization having territory within the
county. The county also shall submit the plan to any other
county or watershed management organization or district in the
affected groundwater system that could affect or be affected by
implementation of the plan. Any political subdivision or
watershed management organization that expects that substantial
amendment of its plans would be necessary in order to bring them
into conformance with the county groundwater plan shall describe
as specifically as possible, within its comments, the amendments
that it expects would be necessary and the cost of amendment and
implementation. Reviewing entities have 60 days to review and
comment. 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 in section 473.175 for review of the comprehensive
plans of local government units. The council shall comment on
the apparent conformity with metropolitan system plans of any
anticipated amendments to watershed plans and local
comprehensive plans. The council shall advise the board of
water and soil resources on whether the plan conforms with the
management objectives stated in the council's water resources
plan and shall recommend changes in the plan that would satisfy
the council's plan.
(b) The county must respond in writing to any concerns
expressed by the reviewing agencies within 30 days of receipt
thereof.
(c) The county shall hold a public hearing on the draft
plan no sooner than 30 days and no later than 45 days after the
60-day review period of the draft plan.
Sec. 21. Minnesota Statutes 1994, section 103B.255,
subdivision 9, is amended to read:
Subd. 9. [REVIEW BY METROPOLITAN COUNCIL AND STATE
AGENCIES.] After completion of the review under subdivision 8,
the draft plan and, any amendments thereto, all written comments
received on the plan, a record of the public hearing, and a
summary of changes incorporated as part of the review process
must be submitted to the metropolitan council, the state review
agencies, and the board of water and soil resources for final
review. Notwithstanding any provision to the contrary in
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
watershed plans and local comprehensive plans. The council
shall summarize and evaluate the cost of rectifying
inconsistencies between the groundwater plan and watershed plans.
If the council finds that significant funding problems, needs,
or inequities will result from the groundwater plan, the council
shall report to the legislature on the matter and on appropriate
means of allocating and paying costs. The council may mediate
and attempt to resolve differences among local governmental
agencies regarding the plan. The state review agencies shall
review and comment on the consistency of the plan with state
laws and rules relating to water and related land resources.
The state review agencies shall forward their comments to the
board within 45 days after they receive the final review draft
of the plan. A state review agency may request and receive up
to a 30-day extension of this review period from the board.
Sec. 22. Minnesota Statutes 1994, section 103B.255,
subdivision 10, is amended to read:
Subd. 10. [REVIEW BY STATE AGENCIES APPROVAL BY THE
BOARD.] (a) After completion of the review under subdivision 9,
the plan and all comments received must be submitted to the
commissioners of natural resources, health, and the pollution
control agency for review and comment on the consistency of the
plan with state laws and rules relating to water and related
land resources, and to the board of water and soil resources for
review under sections 103D.401 and 103D.405.
(b) Except as otherwise provided in this subdivision, the
board of water and soil resources shall review the plan as
provided in section 103D.401. The board shall review the plan
for conformance with the requirements of sections 103B.205 to
103B.255, and chapter 103D. The board may 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.
Sec. 23. Minnesota Statutes 1994, section 103B.255,
subdivision 12, is amended to read:
Subd. 12. [AMENDMENTS.] To the extent and in the manner
required by the adopted plan, all amendments to the adopted plan
must be submitted to the towns, cities, counties, and other the
metropolitan council, the state review agencies, and the board
of water and soil resources for review in accordance with the
provisions of subdivisions 8 to 10.
Sec. 24. Minnesota Statutes 1994, section 103B.311,
subdivision 4, is amended to read:
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. the comprehensive water plan must
specify the period covered by the comprehensive water plan and
must extend at least five years but no more than ten years from
the date the board approves the comprehensive water plan.
Comprehensive water plans that contain revision dates
inconsistent with this section must comply with that date,
provided it is not more than ten years beyond the date of board
approval. A two-year extension of the revision date of a
comprehensive water plan may be granted by the board, provided
no projects are ordered or commenced during the period of the
extension.
(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.
Sec. 25. Minnesota Statutes 1994, section 103B.311,
subdivision 6, is amended to read:
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
sensitive areas, wellhead protection areas, high priority areas
for wetland preservation, enhancement, restoration, and
establishment, stormwater management for developing areas, 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.
Sec. 26. Minnesota Statutes 1994, section 103B.3369,
subdivision 5, is amended to read:
Subd. 5. [FINANCIAL ASSISTANCE.] The board may award
grants to watershed management organizations in the seven-county
metropolitan area or counties only to carry out water resource
protection and management programs identified as priorities in
comprehensive local water plans. Grants may be used to employ
persons and to obtain and use information necessary to:
(1) develop comprehensive local water plans under sections
103B.255 and 103B.311 that have not received state funding for
water resources planning as provided for in Laws 1987, chapter
404, section 30, subdivision 5, clause (a); and
(2) revise comprehensive local water plans under section
103B.201; and
(3) implement comprehensive local water plans.
A base grant shall be awarded to a county that levies a water
implementation tax at the a rate established under section
275.50, subdivision 5, paragraph (z), 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.
Sec. 27. Minnesota Statutes 1994, section 103B.3369,
subdivision 6, is amended to read:
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 comprehensive
local water plans may not be awarded for a time longer than two
years.
(c) A county may not request or be awarded grants for
project implementation unless a comprehensive water plan has
been adopted.
Sec. 28. Minnesota Statutes 1994, section 103B.355, is
amended to read:
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 entered into by December 31, 1985, under section
103B.231, subdivision 2, except as otherwise provided in
sections 103B.311, subdivision 4, clause (4); and 103B.315,
subdivisions 1, clauses (3) and (4), and 2, clause (b).
Sec. 29. Minnesota Statutes 1994, section 103B.611,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The district is governed by
a board composed of members elected appointed by the governing
bodies of the municipalities included in the district. Each
municipality shall elect may appoint one member.
Sec. 30. Minnesota Statutes 1994, section 103B.611,
subdivision 2, is amended to read:
Subd. 2. [TERM.] The term of office of each board 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 this act and to members appointed after the
effective date of this act.
Sec. 31. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall renumber section 103B.205,
subdivision 10a, as subdivision 10b, and shall renumber section
103B.205, subdivision 10b, as subdivision 10a.
Sec. 32. [REPEALER.]
Minnesota Statutes 1994, sections 103B.227, subdivision 6;
103B.231, subdivisions 5 and 12; and 103B.3365, are repealed.
Sec. 33. [EFFECTIVE DATE.]
Under Minnesota Statutes, section 645.023, subdivision 1,
clause (a), section 29 takes effect, without local approval, the
day following final enactment.
Presented to the governor May 16, 1995
Signed by the governor May 18, 1995, 3:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes