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2007 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

    Subdivision 1. Lake improvement program established. To preserve and protect lakes
and to increase and enhance the use and enjoyment of lakes, a statewide lake improvement
program is established to:
(1) preserve the natural character of lakes and their shoreland environment as feasible and
(2) improve the quality of water in lakes;
(3) provide for reasonable assurance of water quantity in lakes, where feasible and
practicable; and
(4) assure protection of the lakes from the detrimental effects of human activities and
certain natural processes.
    Subd. 2. Authority. (a) A county board of a county has the authority given in this section
with respect to bodies of water located entirely or partially within the boundaries of the county
and not situated entirely within the boundaries of a single city or lake conservation district
established by law.
(b) After approval by an affected city or lake conservation district, a county board may
assume and exercise the authority given in this section with respect to bodies of water located
entirely or partially within the city or lake conservation district.
(c) Programs undertaken pursuant to the authority given in this section must be consistent
with the statewide water and related land resources plan prepared under the direction of the
commissioner of natural resources and with regional water and related resources plans.
(d) A body of water may not be improved under this section unless the public has access to
some portion of the shoreline of the body of water.
    Subd. 3. Powers. The county boards shall have power to:
(1) acquire, in the name of the county, by gift or purchase or by condemnation under chapter
117, an existing dam or control works that may affect the level of waters;
(2) construct and operate water control structures if approved by the commissioner of natural
resources under sections 103G.245 and 103G.405;
(3) undertake projects to change the course current or cross section of public waters if
approved by the commissioner of natural resources under sections 103G.245 and 103G.405;
(4) improve navigation and to acquire by gift or purchase land, equipment, or other facilities
to improve navigation;
(5) contract with a board of managers of a watershed district within the county or the board
of supervisors of a soil and water conservation district within the county for improvements under
chapters 103C and 103D;
(6) undertake research to determine the condition and development of the body of water and
the water entering it and to transmit these studies to the Pollution Control Agency and other
interested authorities;
(7) conduct a program of water improvement and conservation;
(8) develop and implement the comprehensive plan to eliminate water pollution, provided
that construction of any water, sewer, or water and sewer system shall be undertaken in the
manner provided by section 444.075 or other applicable laws and not under this section;
(9) receive financial assistance from and join in projects or enter into contracts with federal
and state agencies for the study and treatment of related pollution problems and demonstration
(10) maintain public beaches, public docks, and other public facilities for access to a body
of water;
(11) make cooperative agreements with the United States or state government or another
county or city to implement the provisions of this section; and
(12) require projects to change the course, current, or cross-section of public waters within
unincorporated areas to be approved by the county board before submitting an application for a
permit to the commissioner as required by sections 103G.245 and 103G.405.
    Subd. 4. Funding. (a) The county board may appropriate money from the general revenue
fund of the county to implement this section and sections 103B.505 to 103B.581.
(b) The county board may apply for, receive, and disburse federal funds made available to
the county by federal law or rules for any purpose related to the powers and duties of the county
board. The county board shall comply with requirements of federal law to apply for, receive,
and disburse the funds.
(c) The county board may accept any donations or grants from any public or private concern.
The funds received by the county board must be deposited in the county treasury and appropriated
for the purpose for which it was received.
    Subd. 5. Tax levies. The county board may levy taxes to implement authority for water
surface use regulation, lake improvement programs, and lake improvement districts on all
taxable property within the county, which may be in addition to any amounts levied within a
lake improvement district.
History: 1990 c 391 art 6 s 93

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