Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 104-H.F.No. 414
An act relating to natural resources; updating soil
and water conservation district law; changing
requirements for petitions and elections relating to
soil and water conservation districts; clarifying
removal provisions for soil and water conservation
district supervisors; amending Minnesota Statutes
2002, sections 103A.206; 103C.005; 103C.101,
subdivisions 6, 9, by adding a subdivision; 103C.201,
subdivisions 1, 2, 5, 6, 7, 8; 103C.205; 103C.211;
103C.225, subdivisions 1, 3, 4, 8; 103C.305,
subdivision 1; 103C.311, subdivisions 1, 2; 103C.315,
subdivisions 1, 2, 4, 5; 103C.331, subdivisions 11,
12, 19, by adding a subdivision; 103C.401,
subdivisions 1, 2; 351.14, subdivision 5; repealing
Minnesota Statutes 2002, section 103C.301.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 103A.206, is
amended to read:
103A.206 [SOIL AND WATER CONSERVATION POLICY.]
Improper land use practices have caused serious wind and
water erosion of the land of this state, the runoff of polluting
materials, increased costs to maintain agricultural
productivity, increased energy costs and increased flood
damage Maintaining and enhancing the quality of soil and water
for the environmental and economic benefits they produce,
preventing degradation, and restoring degraded soil and water
resources of this state contribute greatly to the health,
safety, economic well-being, and general welfare of this state
and its citizens. Land occupiers have the responsibility to
implement practices to correct these conditions and that
conserve the soil and water resources of the state. It is Soil
and water conservation measures implemented on private lands in
this state provide benefits to the general public by reducing
erosion, sedimentation, siltation, water pollution, and damages
caused by floods. The soil and water conservation policy of the
state is to encourage land occupiers to conserve soil and, water
, and the natural resources they support through the
implementation of practices that effectively reduce or:
(1) control or prevent erosion, sedimentation, siltation
and agriculturally related pollution in order to preserve
natural resources,;
(2) ensure continued soil productivity,;
(3) control floods, protect water quality;
(4) prevent impairment of dams and reservoirs,;
(5) assist in maintaining the navigability of rivers and
harbors, reduce damages caused by floods;
(6) preserve wildlife,;
(7) protect the tax base,; and
(8) protect public lands and waters.
Sec. 2. Minnesota Statutes 2002, section 103C.005, is
amended to read:
103C.005 [SOIL AND WATER CONSERVATION POLICY.]
Improper land use practices have caused serious wind and
water erosion of the land of this state, the runoff of polluting
materials, increased costs to maintain agricultural
productivity, increased energy costs and increased flood
damage Maintaining and enhancing the quality of soil and water
for the environmental and economic benefits they produce,
preventing degradation, and restoring degraded soil and water
resources of this state contribute greatly to the health,
safety, economic well-being, and general welfare of this state
and its citizens. Land occupiers have the responsibility to
implement practices to correct these conditions and that
conserve the soil and water resources of the state. It is Soil
and water conservation measures implemented on private lands in
this state provide benefits to the general public by reducing
erosion, sedimentation, siltation, water pollution, and damages
caused by floods. The soil and water conservation policy of the
state is to encourage land occupiers to conserve soil and, water
, and the natural resources they support through the
implementation of practices that effectively reduce or:
(1) control or prevent erosion, sedimentation, siltation
and agriculturally related pollution in order to preserve
natural resources,;
(2) ensure continued soil productivity,;
(3) control floods, protect water quality;
(4) prevent impairment of dams and reservoirs,;
(5) assist in maintaining the navigability of rivers and
harbors, reduce damages caused by floods;
(6) preserve wildlife,;
(7) protect the tax base,; and
(8) protect public lands and waters.
Sec. 3. Minnesota Statutes 2002, section 103C.101,
subdivision 6, is amended to read:
Subd. 6. [FEDERAL.] "Federal" means the United States, the
soil natural resources conservation service of the United States
Department of Agriculture, and agencies or instrumentalities,
corporate or otherwise, of the United States.
Sec. 4. Minnesota Statutes 2002, section 103C.101,
subdivision 9, is amended to read:
Subd. 9. [NOMINATING PETITION.] "Nominating petition"
means a petition filed under sections 103C.301, subdivision 1,
and section 103C.305, subdivision 2, to nominate candidates for
the office of supervisor.
Sec. 5. Minnesota Statutes 2002, section 103C.101, is
amended by adding a subdivision to read:
Subd. 9a. [RESIDENT OWNER.] "Resident owner" has the
meaning given in section 103D.011, subdivision 25.
Sec. 6. Minnesota Statutes 2002, section 103C.201,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] (a) Twenty-five land occupiers
in an area proposed to be organized into a district may file A
petition must be signed by at least 50 resident owners in an
area proposed to be organized into a district and filed with the
state board requesting that a soil and water conservation
district be organized to function in the area described in the
petition. The petition must state:
(1) the proposed name of the district;
(2) that there is need, in the interest of the public
health, safety, and welfare, for a district in the described
area;
(3) a description of the area proposed to be organized as a
district, which need not be by metes and bounds or legal
subdivision, but may be by general description that identifies
the area;
(4) a request that the state board define the boundaries
for the district;
(5) a request for a referendum to be held in the defined
territory on the question of the creation of a district in the
territory; and
(6) a request by the state board to determine that a
district be established.
(b) If more than one petition is filed covering parts of
the same area, the state board may consolidate the petitions.
Sec. 7. Minnesota Statutes 2002, section 103C.201,
subdivision 2, is amended to read:
Subd. 2. [HEARINGS.] (a) By 30 days after a petition has
been filed with the state board, the state board may give due
notice of a proposed hearing, to be held by the state board or a
designated agent, on:
(1) the question of the desirability and necessity, in the
interest of the public health, safety, and welfare, for the
establishment of a district;
(2) the appropriate boundaries of the district;
(3) the propriety of the petition and other proceedings
taken under this section; and
(4) other questions relevant to clauses (1), (2), and (3).
(b) Land occupiers Residents in the area described in the
petition and in the area considered for addition to the
described area and other interested parties may attend the
hearing and be heard. If after a hearing, the state board
determines it may be desirable to include in the proposed
district area outside the area where notice of the hearing was
given, the hearing must be adjourned and due notice of the
continued hearing must be given throughout the entire area
considered for inclusion in the district, and the continued
hearing held.
Sec. 8. Minnesota Statutes 2002, section 103C.201,
subdivision 5, is amended to read:
Subd. 5. [REFERENDUM FOR DISTRICT ESTABLISHMENT.] (a)
After the state board has made and recorded a determination that
there is a need for a district in a particular area and has
defined the boundaries, the state board shall consider whether
the operation of a district within the boundaries is
administratively feasible. To assist the state board to
determine the feasibility, the state board shall, within a
reasonable time after entry of the finding that there is a need
for the proposed district, give notice of and hold a referendum
within the proposed district on the creation of the district
schedule the referendum at the next general election and shall
cooperate with county election officials to accomplish the
election in the most expedient manner.
(b) The question shall be submitted by ballots with:
(1) the words printed "For creation of a soil and water
conservation district of the lands described below in the county
(or counties) of ........... and .........." and "Against
establishment of a soil and water conservation district of the
lands described below in the county (or counties) of ........
and ........";
(2) a square before each proposition and a direction to
insert an X mark in the square before one proposition or the
other as the voter may favor or oppose establishment of the
district; and
(3) the boundaries of the proposed district.
(c) Only land occupiers in eligible voters residing within
the boundaries of the proposed district, as determined by the
state board, may vote in the referendum.
Sec. 9. Minnesota Statutes 2002, section 103C.201,
subdivision 6, is amended to read:
Subd. 6. [ADMINISTRATION OF HEARING AND REFERENDUM.] The
state board shall pay the expenses for the notices and the
conduct of the hearing and referendum, and supervise their
conduct. The state board shall issue rules governing the
conduct of hearings and referenda, and providing for the
registration, before the date of the referendum, of all eligible
voters, or prescribing some other appropriate procedure to
determine eligible voters. The state board shall schedule the
referendum at the next general election and shall cooperate with
county election officials to accomplish the election in the most
expedient manner. Informalities in the conduct of a referendum
or in a matter related to it do not invalidate the referendum or
its result if notice of it has been given substantially as
provided by this section and the referendum has been fairly
conducted.
Sec. 10. Minnesota Statutes 2002, section 103C.201,
subdivision 7, is amended to read:
Subd. 7. [DETERMINATION AFTER REFERENDUM.] (a) The state
board shall publish the result of the referendum and then
determine whether the operation of a district in the defined
boundaries is administratively feasible. In making the
determination, the state board must consider the policy in
section 103A.206, and:
(1) the attitudes of the land occupiers in the defined
boundaries;
(2) the number of land occupiers eligible to vote eligible
voters who voted in the referendum who have voted;
(3) the proportion of the votes cast in the referendum in
favor of establishing the district to the total number of votes
cast;
(4) the approximate wealth and income of the land occupiers
of the proposed district;
(5) the probable expense of carrying on erosion-control
operations and related water quality improvements within the
district; and
(6) other relevant economic and social factors. The state
board may not determine that the operation of the proposed
district within the defined boundaries is administratively
feasible unless a majority of the votes cast in the referendum
on establishment of the district have been cast in favor of
establishing the district.
(b) If the state board determines that the operation of the
district is not administratively feasible, the state board shall
record the determination and deny the petition. Six months
after the date of entry of a determination by the state board
that operation of a proposed district is not administratively
feasible, a new petition may be filed and a new proceeding
started.
(c) If the state board determines that the operation of the
district is administratively feasible, it shall record the
determination and proceed with the establishment and
organization of the district.
Sec. 11. Minnesota Statutes 2002, section 103C.201,
subdivision 8, is amended to read:
Subd. 8. [APPLICATION BY SUPERVISORS TO SECRETARY OF
STATE.] (a) The district shall be a governmental subdivision of
this state and a public body corporate and politic after the
actions in this subdivision are taken.
(b) If the state board determines that the operation of the
proposed district within the defined boundaries is
administratively feasible, the state board must appoint two
supervisors to act, with the three elected supervisors, as the
district board within 30 days after the district is
established. A majority of the supervisors' terms must expire
after the next general election following their appointments and
the remaining supervisors' terms expire after the second general
election following their appointments.
(c) The two appointed supervisors shall sign and present an
application to the secretary of state with the following
recitals:
(1) a petition for the establishment of a district was
filed with the state board;
(2) the proper proceedings were taken relating to the
petition;
(3) the application is being filed to complete the
organization of the district as a governmental subdivision and a
public body, corporate or politic;
(4) the state board has appointed the signers as
supervisors;
(5) the name and official residence of each supervisor,
with a certified copy of the supervisor's appointment;
(6) the term of office of each supervisor;
(7) the name proposed for the district; and
(8) the location of the principal office of the district
board.
(d) The application shall be subscribed and sworn to by
each supervisor before an officer authorized by state law to
take oaths. The officer shall certify upon the application that
the officer has personal knowledge of the supervisors, that they
are the supervisors named in the application, and that each
supervisor has signed the application in the officer's presence.
Sec. 12. Minnesota Statutes 2002, section 103C.205, is
amended to read:
103C.205 [ANNEXING ADDITIONAL AREA.]
(a) Land occupiers Resident owners may file a petition to
include additional area within an existing district with the
state board. The procedure for a petition to establish a
district shall be followed on a petition to include additional
area. The state board shall prescribe the form for the
petition, which shall be as nearly as possible in the form for a
petition to organize a district.
(b) If the number of land occupiers in the petition for an
area proposed for inclusion is less than 25, the petition may be
filed when signed by a majority of the land occupiers resident
owners in the area and, a referendum need not be held.
(c) In a referendum to include additional area, all land
occupiers eligible voters within the proposed additional area
may vote.
(d) It is not necessary to obtain the consent of the fee
owners within the district before the additional area is annexed
to a district.
Sec. 13. Minnesota Statutes 2002, section 103C.211, is
amended to read:
103C.211 [CONSOLIDATION AND DIVISION OF DISTRICTS.]
(a) A petition to consolidate two or more districts or to
separate a district into two or more districts may be filed with
the state board by 25 or more land occupiers within the affected
districts. The petition must be signed by the majority of each
board of the affected districts or by at least 100 resident
owners within the affected districts. It is not necessary to
obtain the consent of fee owners in an established district
before districts are consolidated or an existing district is
divided. Proceedings provided for petitions to organize a
district shall be followed as far as they are applicable. The
state board shall prescribe the form for a petition, which shall
be as nearly as possible in the form for petitions to organize a
district.
(b) The land occupiers eligible voters within the affected
districts may vote in the referendum. The state board may not
determine the administrative feasibility of consolidating or
separating districts unless a majority of the votes cast in the
referendum within each separate district affected, or within
each separate area sought to be made a separate district, is in
favor of the consolidation or separation.
(c) When districts are consolidated or separated, the
corporate existence and terms of office of the officers of the
old districts expire upon the issuance and recording by the
secretary of state of a certificate of organization of the new
districts. Upon consolidation, the rights and liabilities of
the consolidating districts shall be assumed by the consolidated
district. Upon separation, the rights and liabilities of the
original district shall be vested in and assumed by the new
districts in an equitable proportion determined by the state
board. A separation does not affect the term of office for
which a supervisor was elected or appointed. The supervisor
shall continue to represent the district where the supervisor
resides for that full term.
Sec. 14. Minnesota Statutes 2002, section 103C.225,
subdivision 1, is amended to read:
Subdivision 1. [PETITION FOR TERMINATION.] (a) After Five
years after the organization of a district, 25 occupiers of land
in the district may file a district board may, by resolution
adopted by a majority of the board, or resident owners may, by a
petition filed with the state board asking, ask that the
operations and existence of the district be terminated. The
resident owner petition must be signed by the lesser of:
(1) at least one percent of the resident owners within the
district; or
(2) 500 resident owners within the district.
(b) The state board may not receive a petition, conduct a
referendum, or make a determination on a petition to discontinue
a district more often than once in two years.
Sec. 15. Minnesota Statutes 2002, section 103C.225,
subdivision 3, is amended to read:
Subd. 3. [REFERENDUM.] (a) Within 60 days after the
petition is received by the state board, it shall give due
notice of the holding of a referendum, supervise the referendum,
and issue appropriate regulations governing the conduct of the
referendum schedule the referendum at the next general election,
and cooperate with county election officials to accomplish the
election in the most expedient manner. Prior to the referendum
the state board shall facilitate the preparation of a plan to
continue the administration of the powers, duties, and
responsibilities of the district, including the functions of the
district board.
(b) The question shall be submitted by ballots, upon which
the words "For terminating the existence of the
.................. (name of the soil and water conservation
district to be here inserted)" and "Against terminating the
existence of the .................. (name of the soil and water
conservation district to be here inserted)" shall be printed,
with a square before each proposition and a direction to insert
an X mark in the square before one or the other.
(c) Only land occupiers eligible voters in the district may
vote in the referendum.
(d) Informalities in the conduct of the referendum or
matters relating to the referendum do not invalidate the
referendum, or result of the referendum, if due notice has been
given and the referendum has been fairly conducted.
(e) The state board shall publish the result of the
referendum.
Sec. 16. Minnesota Statutes 2002, section 103C.225,
subdivision 4, is amended to read:
Subd. 4. [DETERMINATION BY STATE BOARD.] (a) The state
board shall determine whether the continued operation of the
district board is administratively feasible and give
consideration to the public policy under section 103A.206, and:
(1) the attitudes of the land occupiers of lands lying
within the district;
(2) the number of land occupiers eligible to vote eligible
voters who voted in the referendum who have voted;
(3) the proportion of the votes cast in the referendum in
favor of the discontinuance of the district to the total number
of votes cast;
(4) the approximate wealth and income of the land occupiers
of the district;
(5) the probable expense of carrying on erosion-control
operations and related water quality improvements within the
district; and
(6) the plan to continue the powers, duties, and
responsibilities of the district board; and
(7) other economic and social factors relevant to the
determination.
(b) If the state board determines that the continued
operation of the district is administratively feasible, the
state shall record the determination and deny the petition.
(c) If the state board determines that the continued
operation of the district is not administratively feasible, the
state board shall record the determination and certify the
determination to the district board. The state board may not
determine that the continued operation of the district is not
administratively feasible unless only when at least a majority
of the votes cast in the referendum have been cast in favor of
opposition to continuance and a satisfactory plan to continue
the powers, duties, and responsibilities of the district board
is completed.
Sec. 17. Minnesota Statutes 2002, section 103C.225,
subdivision 8, is amended to read:
Subd. 8. [EFFECT OF DISSOLUTION.] Upon issuance of the
certificate of dissolution, the ordinances and regulations in
force in the district are of no further force. All contracts
entered into, to which the district or district board were
parties, shall remain in force and effect for the period
provided in the contracts. The state board shall be substituted
for the district or district board as party to the contracts and
succeed to the district's rights and duties. The state board
may delegate the district's rights and duties to a local
government unit, as identified in the plan developed under
subdivision 3.
Sec. 18. Minnesota Statutes 2002, section 103C.305,
subdivision 1, is amended to read:
Subdivision 1. [TIME FOR ELECTION.] Except for elections
under section 103C.301 held after the organization of the
district, Elections must be held at the state general election
specified in section 204D.03, subdivision 2. A primary may not
be held.
Sec. 19. Minnesota Statutes 2002, section 103C.311,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISORS ELECTED AT LARGE.] (a) The
district board, after the initial election has been held, shall,
with the approval of the state board, divide a district into
five supervisor districts for purposes of nomination for
election. At each election after the division, one or more
supervisors shall be nominated from each supervisor district. A
supervisor must be a resident of the supervisor district to be
elected.
(b) If the boundary of a soil and water conservation
district has been substantially changed by a division of the
district, the district shall be divided into five supervisor
districts for nomination purposes.
(c) This subdivision does not disqualify a supervisor
during the term for which the supervisor was elected or
nominated for election. Supervisors nominated from the
supervisor districts shall be included on the ballot for
election from the entire area included in the soil and water
conservation district.
(d) A certified copy of the minutes or the resolution of
the supervisors establishing supervisor districts must be
promptly filed by the chair of the district board with the
county auditor of the counties where the district is located and
with the state board.
Sec. 20. Minnesota Statutes 2002, section 103C.311,
subdivision 2, is amended to read:
Subd. 2. [SUPERVISORS ELECTED BY DISTRICTS.] (a) In the
counties of Ramsey and Washington, The district board, with the
approval of the state board, may by resolution provide that
supervisors will be elected by supervisor districts as provided
in this subdivision.
(b) The supervisor districts must be composed of precincts
established by county and municipal governing bodies under
section 204B.14. The districts must be compact, include only
contiguous territory, and be substantially equal in population.
The districts must be numbered in a regular series. The
districts must be drawn by the county board of the county
containing the largest area of the soil and water conservation
district, in consultation with the district board and with the
approval of the state board. The boundaries of the districts
must be redrawn after each decennial federal census as provided
in section 204B.135. A certified copy of the resolution
establishing supervisor districts must be filed by the chair of
the district board with the county auditor of the counties where
the soil and water conservation district is located, with the
state board, and with the secretary of state at least 30 days
before the first date candidates may file for the office of
supervisor.
(c) Each supervisor district is entitled to elect one
supervisor. A supervisor must be a resident of the district
from which elected.
(d) The district board shall provide staggered terms for
supervisors elected by district. After each redistricting,
there shall be a new election of supervisors in all the
districts at the next general election, except that if the
change made in the boundaries of a district is less than five
percent of the average population of all the districts, the
supervisor in office at the time of the redistricting shall
serve for the full term for which elected. The district board
shall determine by lot the seats to be filled for a two-year
term, a four-year term, and a six-year term.
Sec. 21. Minnesota Statutes 2002, section 103C.315,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] (a) Except as provided in
paragraph (c), the district board shall consist of five
supervisors, elected or appointed as provided in sections
103C.201, subdivision 8, 103C.301, and 103C.305.
(b) Supervisors must be legal eligible voters residing in
the district.
(c) In counties where the county board consists of seven
members and districts have been divided into supervisor
districts, under section 103C.311, subdivision 2, the county
board may establish seven supervisor districts, elected or
appointed as provided in sections 103C.201, subdivision 8;
103C.305; and 103C.311, subdivision 2.
Sec. 22. Minnesota Statutes 2002, section 103C.315,
subdivision 2, is amended to read:
Subd. 2. [TERMS.] The two supervisors appointed by the
state board upon the establishment of a district serve terms
ending on the first Monday in January following the next general
election after their appointment as provided in section
103C.201, subdivision 8. Their successors shall be elected for
terms of four years commencing on the first Monday in January
and until a successor is elected or appointed and has
qualified. Vacancies in the office of supervisor appointed by
the state board shall be filled by the state board.
Sec. 23. Minnesota Statutes 2002, section 103C.315,
subdivision 4, is amended to read:
Subd. 4. [COMPENSATION.] A supervisor shall receive
compensation for services as the state board may determine up to
$75 per day, and may be reimbursed for expenses, including
traveling expenses, necessarily incurred in the discharge of
duties. A supervisor may be reimbursed for the use of the
supervisor's own automobile in the performance of official
duties at a rate up to the maximum tax-deductible mileage rate
permitted under the federal Internal Revenue Code.
Sec. 24. Minnesota Statutes 2002, section 103C.315,
subdivision 5, is amended to read:
Subd. 5. [REMOVAL OF SUPERVISOR.] A supervisor may be
removed by the state board upon notice and hearing, for neglect
of duty or from office in accordance with the procedures under
sections 351.14 to 351.23 for malfeasance or nonfeasance in
office, but for no other reason.
Sec. 25. Minnesota Statutes 2002, section 103C.331,
subdivision 11, is amended to read:
Subd. 11. [COMPREHENSIVE PLAN.] (a) A district may develop
and revise a comprehensive plan, specifying practices to
implement the state policy specified in section 103A.206,
including:
(1) the construction, maintenance, and operation of
structural measures;
(2) methods of cultivation;
(3) the use of vegetation;
(4) cropping programs;
(5) mechanical practices;
(6) changes in use of land;
(7) water quality improvement practices;
(8) other land use, soil erosion reduction, and
agricultural practices; and
(8) (9) related technical standards and specifications.
(b) The plan shall include a classification of the soil
types within the district as determined by the Minnesota
cooperative soil survey.
(c) The plan must identify the areas within the district
where erosion, sedimentation, and related water quality problems
appear most in need of control methods.
(d) The plan shall be consistent with the statewide
framework water resources plan, the statewide water quality
management plan, and the state board's soil and water program
plan. The plan shall be prepared as required by the rules of
the state board.
(e) By August 1 of each even-numbered year, each district
which applies for cost-sharing funds under section 103C.501
shall submit to the state board an amendment of its
comprehensive plan that identifies high priority erosion,
sedimentation and water quality problems within the district as
required by the rules of the state board.
(f) By August 1 of each year, Each district that applies
for cost-sharing funds under section 103C.501 shall submit to
the state board an annual work plan for the high priority
erosion, sedimentation, and water quality problems in the
district. The work plan shall be prepared as required by the
rules of the state board. In preparing the annual work plan,
the district shall actively identify and seek out land occupiers
with high priority erosion problems who have not participated in
cost-sharing contracts and encourage their participation in
programs to control their erosion problems.
Sec. 26. Minnesota Statutes 2002, section 103C.331,
subdivision 12, is amended to read:
Subd. 12. [ASSUMPTION OF CONSERVATION PROJECTS.] (a) A
district may take over by purchase, lease, or otherwise, and may
improve, maintain, operate, and administer a soil or water
conservation, erosion-control, erosion-prevention, water quality
improvement, watershed protection, flood prevention or flood
control project in its boundaries undertaken by the United
States or by a state agency.
(b) A district may accept donations, gifts, grants, or
contributions in money, services, materials, or otherwise from
the United States, a state agency or other source to accomplish
the authorization in this section. A board may enter into a
contract or agreement necessary or appropriate to accomplish the
transfer. A board may use or expend money, services, materials,
or other things to accomplish an authorized purpose.
Sec. 27. Minnesota Statutes 2002, section 103C.331,
subdivision 19, is amended to read:
Subd. 19. [ADMINISTRATION OF OFFICIAL CONTROLS.] A
district may, under a joint powers agreement under section
471.59, accept delegation from the state, a county, or a city of
authority to administer soil and water conservation-related
official controls, as defined in section 103B.305, subdivision
7, of the county or city as specified in the agreement. The
Prior to the delegation, the district and the state, county, or
city agreement must include provisions requiring that:
(1) all costs incurred by the district in administering the
controls will be reimbursed by the county or city provide for
the source of funding for administering the official controls;
(2) the district will provide notice and hearing in the
same instances that the county or city would; and
(3) the county or city identify who will provide legal
advice and support when requested by the district for
administration and enforcement.
Sec. 28. Minnesota Statutes 2002, section 103C.331, is
amended by adding a subdivision to read:
Subd. 20. [COORDINATION AND COOPERATION.] In implementing
its authorities, a district shall cooperate as far as possible
with federal, state, and local agencies and with private
organizations in order to avoid duplication and to enhance
implementation of public and private conservation initiatives
within its jurisdiction.
Sec. 29. Minnesota Statutes 2002, section 103C.401,
subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] In addition to the
powers and duties of the state board provided by other law, the
state board shall:
(1) offer to assist the district boards to implement their
programs;
(2) keep the district boards of the state informed of the
activities and experience of other districts and facilitate
cooperation and an interchange of advice and experience among
the districts;
(3) coordinate the programs and activities of the districts
with appropriate agencies by advice and consultation;
(4) approve or disapprove the plans or programs of
districts relating to the use of state funds administered by the
state board;
(5) secure the cooperation and assistance of agencies in
the work of the districts and develop a program to advise and
assist appropriate agencies in obtaining state and federal funds
for erosion, sedimentation, flooding, and agriculturally related
pollution control programs;
(6) develop and implement a public information program
concerning the districts' activities and programs, the problems
and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood
prevention, and the advantages of formation of districts in
areas where their organization is desirable;
(7) divide and consolidate districts without a hearing or a
referendum to confine districts within county limits, without
allowing a district, if feasible and practicable, to contain
less than four full or fractional congressional townships;
(8) assist the statewide program to inventory and classify
the types of soils in the state as determined by the Minnesota
cooperative soil survey;
(9) identify research needs and cooperate with other public
agencies in research concerning the nature and extent of
erosion, sedimentation, flooding and agriculturally related
pollution, the amounts and sources of sediment and pollutants
delivered to the waters of the state, and long-term soil
productivity;
(10) develop structural, land use management practice, and
other programs to reduce or prevent soil erosion, sedimentation,
flooding, and agriculturally related pollution;
(11) develop a system of priorities to identify the
erosion, flooding, sediment, and agriculturally related
pollution problem areas that most need control systems; and
(12) ensure compliance with statewide programs and policies
established by the state board by advice, consultation, and
approval of grant agreements with the districts; and
(13) service requests from districts to consolidate
districts across county boundaries and facilitate other
agreed-to reorganizations of districts with other districts or
other local units of government, including making grants, within
the limits of available funds, to offset the cost of
consolidation or reorganization.
Sec. 30. Minnesota Statutes 2002, section 103C.401,
subdivision 2, is amended to read:
Subd. 2. [USE OF FUNDS.] (a) Funds made available to a
district from the state for expenditures necessary for its
operations may be used only for purposes authorized by the state
board.
(b) A district may designate the board of county
commissioners to act as the agent of the district to receive and
expend the funds at the direction and with the approval of the
district board.
(c) At least annually The state board shall audit, in a
manner it prescribes, provide closeout reports to the districts
regarding the expenditure of the funds.
Sec. 31. Minnesota Statutes 2002, section 351.14,
subdivision 5, is amended to read:
Subd. 5. [ELECTED COUNTY OFFICIAL.] "Elected county
official" means any public official who is elected to countywide
office or appointed to an elective countywide office, including
county attorney, county sheriff, county auditor, county
recorder, and county treasurer, and soil and water conservation
supervisor. "Elected county official" also means a county
commissioner elected or appointed from a commissioner
district or a soil and water conservation district supervisor
elected or appointed from a supervisor district established
under section 103C.311, subdivision 2.
Sec. 32. [REPEALER.]
Minnesota Statutes 2002, section 103C.301, is repealed.
Presented to the governor May 23, 2003
Signed by the governor May 25, 2003, 9:51 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes