Minnesota Administrative Rules

6115.1530 DETERMINING BENEFIT AND PARTICIPATION.

Subpart 1.

Commissioner's determination.

Following the investigation under part 6115.1520, for all drainage projects except those classified as repairs, the commissioner must determine whether the drainage project benefits state-owned lands and whether to participate in the project. In making the determination, the commissioner shall evaluate state-owned lands, on a parcel-by-parcel basis, with each parcel consisting of no more than 40 acres. A drainage project benefits a parcel of state-owned land only when the investigation shows that the positive impacts outweigh the negative impacts to that parcel of state-owned land. Where the commissioner determines that the project results in a net benefit to state-owned lands, the commissioner shall participate in the project. Having determined to participate, the commissioner shall authorize the imposition of assessments for the project on the lands in any amounts the commissioner determines or may make lump sum contributions to the county or other public funds established for the payment of the cost of the project. The commissioner may also set conditions to modify the project before approving or joining a petition. Before cooperating in a project by joining in the petition or consenting to or approving it, the commissioner may identify conditions that must be satisfied or modifications that must be made in the proposed project if such conditions or modifications are necessary to ensure that the project will benefit state-owned lands in con-con areas.

Subp. 1a.

Commissioner's determination for repairs.

Following the investigation under part 6115.1520, for drainage projects considered repairs, the commissioner must determine whether the repair project benefits state-owned lands and whether to participate in the project. In making the determination, the commissioner, following consultation with drainage authorities, shall develop a table that identifies the benefits for each 40-acre parcel. A repair project benefits a parcel of state-owned land only when the investigation shows that the positive impacts outweigh the negative impacts to that parcel of state-owned land. Where the commissioner determines the project results in a net benefit to state-owned lands, the commissioner shall participate in the project. Having determined to participate, the commissioner shall authorize the imposition of assessments for the projects on the lands in any amounts the commissioner determines or may make lump sum contributions to the county or other public funds established for the payment of the cost of the project. The commissioner may also set conditions to modify the project before approving or joining the petition. Before cooperating in a project by joining in the petition or consenting to or approving it, the commissioner may identify conditions that must be satisfied or modifications that must be made in the proposed project if such conditions or modifications are necessary to ensure that the project will benefit state-owned lands in con-con areas.

Subp. 2.

Routine repair exception.

If a drainage authority's notification and documentation made under part 6115.1520, subpart 1, shows that the total cost of a proposed drainage repair under Minnesota Statutes, section 103E.705, is less than $20,000 and the commissioner has previously determined the benefits to the state-owned lands within that drainage system, the commissioner may, without investigation, authorize the imposition of assessments for the proposed repair proportionate to the overall benefits to the state-owned lands as previously determined by the commissioner. If the commissioner authorizes assessments under this subpart, the commissioner need not issue the findings and report required under part 6115.1540. Where the commissioner does not authorize an assessment for a repair under this subpart, the commissioner shall issue the findings and report as set forth in part 6115.1540.

Statutory Authority:

MS s 84A.55

History:

32 SR 1697

Published Electronically:

June 11, 2008