1.1                          A bill for an act 
  1.2             relating to waters; implementing a joint powers 
  1.3             agreement for St. Louis, Carlton, and Lake counties; 
  1.4             appropriating money; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 103F. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [103F.191] [FINDINGS AND INTENT.] 
  1.8      Subdivision 1.  [FINDINGS.] The legislature finds that: 
  1.9      (1) the Cloquet, St. Louis, and Whiteface rivers possess 
  1.10  outstanding and unique natural, scientific, historical, 
  1.11  recreational, and cultural values deserving of protection and 
  1.12  enhancement; 
  1.13     (2) the counties of St. Louis, Carlton, and Lake have 
  1.14  entered into a joint powers agreement pursuant to law to develop 
  1.15  a plan for the protection and enhancement of the foregoing 
  1.16  values; and 
  1.17     (3) the plan adopted by the counties pursuant to the joint 
  1.18  powers agreement establishes guidelines and minimum standards 
  1.19  for cooperative local management of the Cloquet, St. Louis, and 
  1.20  Whiteface rivers. 
  1.21     Subd. 2.  [LEGISLATIVE INTENT.] It is the intent of 
  1.22  sections 103F.191 to 103F.199 to authorize and direct the board 
  1.23  and the counties to implement the plan for the Cloquet, St. 
  1.24  Louis, and Whiteface rivers. 
  1.25     Sec. 2.  [103F.192] [APPLICABILITY.] 
  2.1      Sections 103F.191 to 103F.199 apply to the counties of St. 
  2.2   Louis, Carlton, and Lake. 
  2.3      Sec. 3.  [103F.193] [DEFINITIONS] 
  2.4      Subdivision 1.  [APPLICABILITY.] The definitions in this 
  2.5   section apply to sections 103F.191 to 103F.199. 
  2.6      Subd. 2.  [BOARD.] "Board" means the St. Louis river board 
  2.7   established under section 103F.194. 
  2.8      Subd. 3.  [COUNTIES.] "Counties" means the counties of St. 
  2.9   Louis, Carlton, and Lake. 
  2.10     Subd. 4.  [PLAN.] "Plan" means the river management plan 
  2.11  approved by the board and dated February 7, 1994. 
  2.12     Sec. 4.  [103F.194] [ST. LOUIS RIVER BOARD.] 
  2.13     Subdivision 1.  [ESTABLISHMENT.] The St. Louis river board 
  2.14  established by the counties of St. Louis, Carlton, and Lake by 
  2.15  agreement entered into on March 1991, pursuant to section 
  2.16  471.59, is established as a permanent board with authority to 
  2.17  amend and implement the river management plan designed to 
  2.18  protect and enhance the Cloquet, St. Louis, and Whiteface rivers 
  2.19  and related shoreland areas situated within the counties. 
  2.20     Subd. 2.  [MEMBERSHIP.] The board shall have 13 members.  
  2.21  Seven of the members shall be elected officials or their 
  2.22  designees, to be appointed by each member county and township in 
  2.23  accordance with the following distribution:  St. Louis county, 
  2.24  one member and one alternate, Carlton county, one member and one 
  2.25  alternate, Lake county, one member and one alternate, the 53 
  2.26  affected townships in the watershed, three representatives and 
  2.27  three alternates, and the Fond du Lac reservation business 
  2.28  committee, one member and one alternate.  Three nonlegislators 
  2.29  must be appointed by the senate subcommittee on committees.  
  2.30  Three nonlegislators must be appointed by the speaker of the 
  2.31  house of representatives.  
  2.32     The terms of a board member shall run concurrently with the 
  2.33  member's term on the appointive county or town board.  If the 
  2.34  appointee is not a member of the county or town board, the term 
  2.35  shall be the same as a member of the appointive board.  The term 
  2.36  of a legislatively appointed member is two years. 
  3.1      Vacancies on the board shall be filled for the remainder of 
  3.2   the term by the governing or legislative body that made the 
  3.3   original appointment. 
  3.4      Subd. 3.  [OFFICERS.] The board shall annually appoint from 
  3.5   among its members a chair, vice-chair, and secretary-treasurer.  
  3.6   The chair, vice-chair, and secretary-treasurer shall be elected 
  3.7   by a majority vote of the board members at its first meeting.  
  3.8   The term of office for such offices shall be through December 31 
  3.9   of the year elected or appointed. 
  3.10     The chair shall preside over all meetings of the board and 
  3.11  may call special meetings at reasonable times with appropriate 
  3.12  public notice when it is deemed such a meeting is necessary to 
  3.13  conduct the business of the board. 
  3.14     The vice-chair shall preside over the meetings of the board 
  3.15  in the absence of the chair.  The term of office of the 
  3.16  vice-chair shall run concurrently with the chair. 
  3.17     The secretary-treasurer or the designee of the 
  3.18  secretary-treasurer shall keep a record of all proceedings of 
  3.19  the St. Louis river board, provide for the proper receipt and 
  3.20  disbursement of funds, and perform all other duties normally 
  3.21  assigned to the secretary-treasurer of a deliberative body.  The 
  3.22  term of office of the secretary-treasurer shall run concurrently 
  3.23  with the chair. 
  3.24     Subd. 4.  [MEETINGS.] The regular meetings of the board 
  3.25  shall be held at times and places prescribed by it. 
  3.26     A majority of all members of the board shall constitute a 
  3.27  quorum and a majority vote of all members shall be required for 
  3.28  actions taken by the board. 
  3.29     Subd. 5.  [STAFF AND CONTRACTS.] The board may employ staff 
  3.30  and contract for goods and services as necessary to implement 
  3.31  sections 103F.191 to 103F.199.  Contracts are subject to the 
  3.32  statutory procedures and restrictions applicable to county 
  3.33  contracts. 
  3.34     Subd. 6.  [FUNDING.] The board shall annually submit to 
  3.35  each county for its approval an estimate of the funds it will 
  3.36  need from that county in the next fiscal year to prepare and 
  4.1   implement the plan and otherwise carry out the duties imposed 
  4.2   upon it by sections 103F.191 to 103F.199.  Each county shall, 
  4.3   upon approval of the estimate by its governing body, furnish the 
  4.4   necessary funds to the board.  The board may apply for, receive, 
  4.5   and disburse federal, state, and other grants and donations. 
  4.6      Subd. 7.  [ADVISORY COMMITTEES.] The board shall appoint 
  4.7   advisory committees, representing a broad geographical area and 
  4.8   diverse public interests, and conduct public meetings and 
  4.9   hearings necessary to afford the public an opportunity to become 
  4.10  fully informed of all deliberations in the implementation of the 
  4.11  plan. 
  4.12     Subd. 8.  [CONTACT WITH GOVERNMENT AGENCIES.] The board 
  4.13  shall initiate and maintain contacts with government agencies as 
  4.14  necessary to properly prepare the plan and shall negotiate 
  4.15  cooperative management agreements with the United States Forest 
  4.16  Service and Bureau of Land Management and the state department 
  4.17  of natural resources.  The board shall have authority to enter 
  4.18  into cooperative agreements with the Fond du Lac reservation 
  4.19  business committee for the purpose of implementing the plan. 
  4.20     Sec. 5.  [103F.195] [PLAN IMPLEMENTATION.] 
  4.21     Subdivision 1.  [IMPLEMENTATION REQUIRED.] The plan shall 
  4.22  be implemented by the board as provided in this section and 
  4.23  section 103F.197. 
  4.24     Subd. 2.  [PLAN PROVIDES MINIMUM STANDARDS.] The standards 
  4.25  in the plan are the minimum standards which may be adopted by 
  4.26  the board and by the counties for the protection and enhancement 
  4.27  of the natural, scientific, historical, recreational, and 
  4.28  cultural values of the Cloquet, St. Louis, and Whiteface rivers 
  4.29  and related shoreland areas subject to the plan.  The board, 
  4.30  with the agreement, expressed by resolution adopted after public 
  4.31  hearing, of the county boards of St. Louis, Carlton, and Lake 
  4.32  counties, may amend the plan in any way that does not reduce the 
  4.33  minimum standards set forth in the plan. 
  4.34     Subd. 3.  [IMPLEMENTATION.] The board shall develop and 
  4.35  establish a schedule for implementation and common 
  4.36  administration of the plan by the counties.  The schedule shall 
  5.1   be binding upon the counties subject to approval by the 
  5.2   governing bodies of the respective counties. 
  5.3      Subd. 4.  [COUNTY LAND USE ORDINANCE MUST BE CONSISTENT 
  5.4   WITH PLAN.] The counties shall adopt land use ordinances 
  5.5   consistent with the plan. 
  5.6      Sec. 6.  [103F.196] [RESPONSIBILITIES OF OTHER GOVERNMENT 
  5.7   UNITS.] 
  5.8      All local and special government units, councils, 
  5.9   commissions, boards, and districts and all state agencies and 
  5.10  departments must exercise their powers so as to further the 
  5.11  purposes of sections 103F.191 to 103F.199 and the plan.  Land 
  5.12  owned by the state, its agencies, and political subdivisions 
  5.13  shall be administered in accordance with the plan.  Actions that 
  5.14  comply with the provisions of the management plan are consistent 
  5.15  with the plan.  Actions that do not comply with the management 
  5.16  plan may not be started until the board has been notified and 
  5.17  given an opportunity to review and comment on the consistency of 
  5.18  the action with this section. 
  5.19     Sec. 7.  [103F.197] [REVIEW AND CERTIFICATION OF LAND USE 
  5.20  ACTIONS.] 
  5.21     Subdivision 1.  [PURPOSE.] To ensure that the plan is not 
  5.22  nullified by unjustified exceptions in particular cases and to 
  5.23  promote uniformity in the treatment of applications for 
  5.24  exceptions, a review and certification procedure is established 
  5.25  for the following categories of land use actions taken by the 
  5.26  counties and directly or indirectly affecting land use within 
  5.27  the area covered by the plan: 
  5.28     (1) the adoption or amendment of an ordinance regulating 
  5.29  the use of land, including rezoning of particular tracts of 
  5.30  land; 
  5.31     (2) the granting of a variance from provisions of the land 
  5.32  use ordinance; and 
  5.33     (3) the approval of a plat which is inconsistent with the 
  5.34  land use ordinance. 
  5.35     Subd. 2.  [CERTIFICATION.] Notwithstanding any provision of 
  5.36  chapter 394 to the contrary, an action of a type specified in 
  6.1   subdivision 1, clauses (1) to (3), is not effective until the 
  6.2   board has reviewed the action and certified that it is 
  6.3   consistent with the plan.  In determining consistency of 
  6.4   ordinances and ordinance amendments, the provisions of the plan 
  6.5   shall be considered minimum standards.  An aggrieved person may 
  6.6   appeal a decision of the type specified in subdivision 1, 
  6.7   clauses (1) to (3), that is reviewed by the board under this 
  6.8   section in the same manner as provided for review of a decision 
  6.9   of a board of adjustment in section 394.27, subdivision 9, but 
  6.10  only after the procedures prescribed under this section have 
  6.11  been completed. 
  6.12     Subd. 3.  [PROCEDURE FOR CERTIFICATION.] A copy of the 
  6.13  notices of public hearings or, when a hearing is not required, a 
  6.14  copy of the application to consider an action of a type 
  6.15  specified in subdivision 1, clauses (1) to (3), must be 
  6.16  forwarded to the board by the county at least 15 days before the 
  6.17  hearing or meetings to consider the actions.  The county shall 
  6.18  notify the board of its final decision on the proposed action 
  6.19  within ten days of the decision.  By 30 days after the board 
  6.20  receives the notice, the board shall notify the county and the 
  6.21  applicant of its approval or disapproval of the proposed action. 
  6.22     Subd. 4.  [DISAPPROVAL OF ACTIONS.] If a notice of 
  6.23  disapproval is issued by the board, the county or the applicant 
  6.24  may, within 30 days of the notice, file with the board a demand 
  6.25  for a hearing.  If a demand is not filed within the 30-day 
  6.26  period, the disapproval becomes final. 
  6.27     If a demand is filed within the 30-day period, a hearing 
  6.28  must be held within 60 days of demand.  The hearing must be 
  6.29  preceded by two weeks' published notice.  Within 30 days after 
  6.30  the hearing, the board must: 
  6.31     (1) affirm its disapproval of the proposed action; or 
  6.32     (2) certify approval of the proposed action. 
  6.33     Sec. 8.  [103F.198] [INCORPORATION AND ANNEXATION.] 
  6.34     Subdivision 1.  [MORATORIUM ON CERTAIN ACTIVITIES.] If land 
  6.35  subject to the plan is annexed, incorporated, or otherwise 
  6.36  subjected to the land use planning authority of a home rule 
  7.1   charter or statutory city, a moratorium shall exist on: 
  7.2      (1) all subdivision platting and building permits on the 
  7.3   land until zoning regulations are adopted for the land that 
  7.4   comply with the provisions of the plan; and 
  7.5      (2) construction, grading and filing, and vegetative 
  7.6   cutting as those activities are defined in the plan. 
  7.7      Subd. 2.  [EXCEPTION FOR WORK UNDER PRIOR PERMITS.] This 
  7.8   section does not apply to work done pursuant to lawful permits 
  7.9   issued before the land became subject to the land use planning 
  7.10  authority of the city. 
  7.11     Sec. 9.  [103F.199] [BIENNIAL REPORT.] 
  7.12     During the first year of each biennial legislative session, 
  7.13  the board shall prepare and present to the appropriate policy 
  7.14  committees of the legislature, a report concerning the actions 
  7.15  of the board in exercising the authority granted by the 
  7.16  legislature under sections 103F.191 to 103F.199.  The report 
  7.17  must include an assessment of the effectiveness of the plan and 
  7.18  its implementation in protecting and enhancing the natural, 
  7.19  scientific, historical, recreational, and cultural values of the 
  7.20  Cloquet, St. Louis, and Whiteface rivers and related shorelands 
  7.21  situated within the member counties. 
  7.22     Sec. 10.  [LOCAL APPROVAL.] 
  7.23     Sections 1 to 9 are effective the day after a certificate 
  7.24  of approval under Minnesota Statutes, section 645.021, 
  7.25  subdivision 3, is filed by the last of the local government 
  7.26  units subject to this act. 
  7.27     Sec. 11.  [APPROPRIATION.] 
  7.28     $100,000 is appropriated from the general fund for fiscal 
  7.29  year 2000 to the board of water and soil resources for the 
  7.30  purposes of sections 1 to 9.