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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 103B

Section 103B.101

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103B.101 BOARD OF WATER AND SOIL RESOURCES.
    Subdivision 1. Membership. The Board of Water and Soil Resources is composed of 12
members knowledgeable of water and soil problems and conditions within the state and five
ex officio members.
    Subd. 2. Voting members. (a) The members are:
(1) three county commissioners;
(2) three soil and water conservation district supervisors;
(3) three watershed district or watershed management organization representatives;
(4) three citizens who are not employed by, or the appointed or elected officials of, a
governmental office, board, or agency;
(5) the commissioner of agriculture;
(6) the commissioner of health;
(7) the commissioner of natural resources;
(8) the commissioner of the Pollution Control Agency; and
(9) the director of the University of Minnesota Extension Service.
(b) Members in paragraph (a), clauses (1) to (4), must be distributed across the state with
at least three members but not more than five members from the metropolitan area, as defined
by section 473.121, subdivision 2; and one from each of the current soil and water conservation
administrative regions.
(c) Members in paragraph (a), clauses (1) to (4), are appointed by the governor. In making the
appointments, the governor may consider persons recommended by the Association of Minnesota
Counties, the Minnesota Association of Soil and Water Conservation Districts, and the Minnesota
Association of Watershed Districts. The list submitted by an association must contain at least
three nominees for each position to be filled.
(d) The membership terms, compensation, removal of members and filling of vacancies on
the board for members in paragraph (a), clauses (1) to (4), are as provided in section 15.0575.
    Subd. 3.[Repealed, 1997 c 28 s 4]
    Subd. 4. Employees. The board may employ an executive director in the unclassified service
and other permanent and temporary employees in accordance with chapter 43A. The board may
prescribe the powers and duties of its officers and employees and may authorize its employees
and members of the board to act on behalf of the board.
    Subd. 5. Officers. The governor shall appoint a chair from among the members of the
board in subdivision 2, paragraph (a), clauses (1) to (4), with the advice and consent of the
senate. The board shall elect a vice-chair and any other officers that it considers necessary from
its membership.
    Subd. 6. Quorum. A majority of the board is a quorum.
    Subd. 7. Hearings and rulemaking. The board may hold public hearings and adopt rules
necessary to execute its duties.
    Subd. 8.[Repealed, 1997 c 28 s 4]
    Subd. 9. Powers and duties. In addition to the powers and duties prescribed elsewhere,
the board shall:
(1) coordinate the water and soil resources planning activities of counties, soil and water
conservation districts, watershed districts, watershed management organizations, and any
other local units of government through its various authorities for approval of local plans,
administration of state grants, and by other means as may be appropriate;
(2) facilitate communication and coordination among state agencies in cooperation with the
Environmental Quality Board, and between state and local units of government, in order to make
the expertise and resources of state agencies involved in water and soil resources management
available to the local units of government to the greatest extent possible;
(3) coordinate state and local interests with respect to the study in southwestern Minnesota
under United States Code, title 16, section 1009;
(4) develop information and education programs designed to increase awareness of
local water and soil resources problems and awareness of opportunities for local government
involvement in preventing or solving them;
(5) provide a forum for the discussion of local issues and opportunities relating to water and
soil resources management;
(6) adopt an annual budget and work program that integrate the various functions and
responsibilities assigned to it by law; and
(7) report to the governor and the legislature by October 15 of each even-numbered year
with an assessment of board programs and recommendations for any program changes and board
membership changes necessary to improve state and local efforts in water and soil resources
management.
The board may accept grants, gifts, donations, or contributions in money, services, materials,
or otherwise from the United States, a state agency, or other source to achieve an authorized
purpose. The board may enter into a contract or agreement necessary or appropriate to accomplish
the transfer. The board may receive and expend money to acquire conservation easements, as
defined in chapter 84C, on behalf of the state and federal government consistent with the Camp
Ripley's Army Compatible Use Buffer Project.
Any money received is hereby appropriated and dedicated for the purpose for which it
is granted.
    Subd. 10. Committee for dispute resolution. A committee of the board is established to hear
and resolve disputes, appeals, and interventions under sections 103A.301 to 103A.341; 103B.231;
103B.345; 103D.535; 103D.537; and 103G.2242, subdivision 9. The committee consists of two
of the three citizen members; one county commissioner member; one soil and water conservation
district supervisor member; and one watershed district or watershed management organization
representative member. The committee is appointed by the board chair.
    Subd. 11. Engineering work and appearances at hearings by director. The director
of the Division of Waters of the Department of Natural Resources shall perform engineering
work requested by the Board of Water and Soil Resources and shall appear in all hearings and
proceedings before the Board of Water and Soil Resources affecting waters within the state.
    Subd. 12. Authority to issue penalty orders. (a) The board may issue an order requiring
violations to be corrected and administratively assessing monetary penalties of up to $10,000
per violation for violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any
rules adopted under those chapters, and any standards, limitations, or conditions established by
the board.
    (b) Administrative penalties issued under paragraph (a) may be appealed according to
section 116.072, if the recipient of the penalty requests a hearing by notifying the commissioner
in writing within 30 days after receipt of the order. For the purposes of this section, the terms
"commissioner" and "agency" as used in section 116.072 mean the board. If a hearing is not
requested within the 30-day period, the order becomes a final order not subject to further review.
    (c) Administrative penalty orders issued under paragraph (a) may be enforced under section
116.072, subdivision 9. Penalty amounts must be remitted within 30 days of issuance of the order.
History: 1990 c 391 art 2 s 2; 1992 c 399 s 1; 1997 c 28 s 1-3; 1997 c 109 s 1; 2004 c 228
art 1 s 23; 1Sp2005 c 1 art 2 s 116; 2007 c 57 art 1 s 103