2006 Minnesota Statutes

103I.111 LOCAL AUTHORITY OVER WELLS AND BORINGS.
    Subdivision 1. Delegation of duties of commissioner. (a) The commissioner of health may
enter into an agreement with a board of health to delegate all or part of the inspection, reporting,
and enforcement duties authorized under provisions of this chapter pertaining to permitting,
construction, repair, and sealing of wells and elevator borings.
(b) A board of health may delegate its powers and duties to other boards of health within its
jurisdiction. An agreement to delegate powers and duties of a board of health must be approved
by the commissioner and is subject to subdivision 3.
    Subd. 2. Delegation agreements. (a) Agreements authorized under this section must be in
writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if
the designated agent's performance meets appropriate standards and is sufficient to replace
performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set
procedures for the assessment of costs, and provide for termination procedures if the delegating
authority finds that the designated agent fails to comply with the agreement.
(d) A designated agent must not perform licensing, inspection, or enforcement duties under
the agreement in territory outside its jurisdiction unless approved by the governing body for
that territory through a separate agreement.
(e) The scope of agreements established under this section is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic renewal and
for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating authority shall not perform duties that
the designated agent is required to perform under the agreement, except inspections necessary to
determine compliance with the agreement and this section or as agreed to by the parties.
(g) The delegating authority shall consult with, advise, and assist a designated agent in the
performance of its duties under the agreement.
(h) This section does not alter the responsibility of the delegating authority for the
performance of duties specified in law.
    Subd. 2a. Fees. A board of health under a delegation agreement with the commissioner may
charge permit and notification fees, including a fee for well sealing, in excess of the fees specified
in section 103I.208 if the fees do not exceed the total direct and indirect costs to administer
the delegated duties.
    Subd. 2b. Ordinance authority. A political subdivision may adopt ordinances to enforce
and administer powers and duties delegated under this section. The ordinances may not be
inconsistent with or be less restrictive than standards in state law or rule. Ordinances adopted
by the governing body of a statutory or home rule charter city or town may not be inconsistent
with or be less restrictive than ordinances adopted by the county board. The commissioner shall
review ordinances proposed under a delegation agreement. The commissioner shall approve
ordinances if the commissioner determines the ordinances are not inconsistent with and not less
restrictive than the provisions of this chapter.
    Subd. 2c. Permits. A board of health under a delegation agreement with the commissioner
may require permits in lieu of the notifications required under sections 103I.205 and 103I.301.
    Subd. 3. Preemption unless delegation. Notwithstanding any other law, a political
subdivision may not regulate the construction, repair, or sealing of wells or borings unless the
commissioner delegates authority under subdivisions 1 and 2.
    Subd. 4. Local authority over exploratory boring. This chapter does not limit the authority
of a local unit of government to prohibit mineral exploration within its boundaries, require
permits from explorers, or impose reasonable requirements and fees upon explorers, that are
consistent with other law.
    Subd. 5. Local government regulation of open wells and recharging basins. (a) The
governing body of a county, municipality, statutory or home rule charter city, or town may
regulate open wells and recharging basins in a manner not inconsistent with this chapter and
rules and may provide penalties for the violations. The use or maintenance of an open well or
recharging basin that endangers the safety of a considerable number of persons may be defined as
a public nuisance and abated as a public nuisance.
(b) The abatement of the public nuisance may include covering the open well or recharging
basin or surrounding the open well or recharging basin with a protective fence.
    Subd. 6. Unsealed wells are public health nuisances. A well that is required to be sealed
under section 103I.301 but is not sealed is a public health nuisance. A county may abate the
unsealed well with the same authority of a board of health to abate a public health nuisance
under section 145A.04, subdivision 8.
    Subd. 7. Local license or registration fees prohibited. (a) A political subdivision may not
require a licensed well contractor to pay a license or registration fee.
(b) The commissioner of health must provide a political subdivision with a list of licensed
well contractors upon request.
    Subd. 8. Municipal regulation of drilling. A municipality may regulate all drilling, except
well, elevator shaft, and exploratory drilling that is subject to the provisions of this chapter,
above, in, through, and adjacent to subsurface areas designated for mined underground space
development and existing mined underground space. The regulations may prohibit, restrict,
control, and require permits for the drilling.
History: 1989 c 326 art 3 s 6; 1990 c 597 s 24-26; 1991 c 355 s 14-17; 2005 c 106 s 19,20