piers109uk/MN-Statutes huggingface dataset:
103F.145 ENFORCEMENT AND PENALTIES.
Every structure, fill, deposit, or other floodplain use placed or maintained in the floodplain in violation of a floodplain management ordinance adopted under the provisions of sections 103F.105 to 103F.151 is a public nuisance.
The creation of a public nuisance under this section may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the commissioner or a local governmental unit.
A person who violates a provision of sections 103F.105 to 103F.151 is guilty of a misdemeanor. Each day that the violation exists is a separate offense.
103E.035 DEFECTIVE NOTICE.
If notice is required under this chapter and proper notice has been given to some parties but the notice is defective or not given to other parties, the drainage authority has jurisdiction of all parties that received proper notice. The proceedings may be continued by order of the drainage authority for the time necessary to publish, post, or mail a new notice. The new notice needs only be given to those not properly notified by the first notice.
103C.305 GENERAL ELECTION OF SUPERVISORS.
Elections must be held at the state general election specified in section 204D.03, subdivision 2. A primary may not be held.
A candidate for the office of supervisor shall file an affidavit of candidacy with the county auditor of the county in which the district office is located during the period provided for filing affidavits of candidacy for county offices in section 204B.09, subdivision 1. The county auditor accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates for supervisor to the auditor of any other county in which the office is voted on.
Ballots shall be prepared by the county auditor. The names of candidates shall be placed on the state general election ballot. The office title printed on the ballot must be either "Soil and Water Conservation District Supervisor" or "Conservation District Supervisor," based upon the district from which the supervisor is to be elected.
Laws relating to elections for county office shall govern to the extent that they are consistent with this section and section 103C.311. The county auditor shall certify the result to the state board. If the district includes land in more than one county, the county auditor shall immediately certify to the state board the vote, as shown by the report of the county canvassing board, for candidates voted for in more than one county. In the latter case, the state board shall certify and publish the result.
In a district where a supervisor nomination district is entirely within lands of an American Indian tribe or band to which county election laws do not apply, a supervisor to represent the district shall be elected or appointed as provided by the governing body of the tribe or band.
(a) If a vacancy occurs in the office of an elected supervisor more than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The supervisor appointed shall hold office until the first Monday in January following the next general election. A successor shall be elected at the general election following the appointment and hold office for the remainder of the term or for the next regular term, whichever is appropriate.
(b) If a vacancy occurs less than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The appointed supervisor shall hold office until the expiration of the term or until the first Monday in January following the second succeeding general election, whichever is shorter. A successor shall be elected at the general election preceding expiration of the appointed term and hold office for the remainder of the term or for the next regular term, whichever is appropriate.
(c) All terms under this subdivision continue until a successor has been elected and has qualified.
103B.221 TERMINATING WATERSHED DISTRICT.
A watershed district wholly within the metropolitan area may be terminated pursuant to this section or chapter 103D.
Proceedings for termination under this subdivision must be initiated by a petition to the Board of Water and Soil Resources filed jointly by the governing bodies of all statutory and home rule charter cities and towns having jurisdiction over territory within the watershed.
Upon the filing of a sufficient petition, the board shall hold a hearing in accordance with the procedures prescribed in chapter 103D, to take testimony on the determinations required to be made by the board.
(a) Following the hearing, the board shall, by its findings and order, terminate the district as requested if the board determines:
(1) that the local units of government having jurisdiction over territory within the watershed have formed a joint powers organization for the watershed pursuant to section 103B.211;
(2) that upon termination of the district the members of the joint powers organization, jointly or severally, are willing and able to assume ownership of the district's assets and the responsibility for managing and maintaining the district's projects as necessary to accomplish the purposes of sections 103B.205 to 103B.255 and to implement the watershed plan of the joint powers organization to be developed pursuant to section 103B.231; and
(3) that the termination can be accomplished in conformance with section 103B.225.
(b) The board shall file a certified copy of the findings and order with the secretary of state. The order terminating the district must transfer the assets of the district to the joint powers organization or its members. The order must conform to section 103B.225.
103F.151 FLOOD-PRONE AREA INVENTORY AND ASSESSMENT.
The commissioner shall conduct a statewide inventory and flood damage assessment of flood-prone structures and lands.
103A.305 JURISDICTION.
Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding involves a question of water policy in one or more of the areas of water conservation, water pollution, preservation and management of wildlife, drainage, soil conservation, public recreation, forest management, and municipal planning under section 97A.135; 103A.411; 103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.287; 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.
103D.255 WITHDRAWING TERRITORY.
(a) Proceedings to withdraw territory from an existing watershed district must be initiated by a petition filed with the board.
(b) A majority of the managers may file a petition for withdrawal. Otherwise, the required signatures on a petition for withdrawal are the same as prescribed for an establishment petition, but the percentages must be calculated only with reference to the territory that is proposed to be withdrawn from the watershed district.
(c) The petition must state that:
(1) the territory described has not received or will not receive any benefits from the operation of the watershed districts;
(2) the watershed district can perform the functions for which it was established without the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(d) The petition must request the release of the described territory from the watershed district.
(e) The petition must be served on the board and any affected watershed district, and the board shall proceed as prescribed for an establishment petition. The requirements for notices and public hearings are as prescribed for the establishment petition. The board must also give notice of the hearing by mail at least ten days before the hearing to each watershed district affected by the proposed withdrawal of territory.
(a) After the hearing, the board may issue an order releasing the territory, or a part of the territory, as described in the petition, if the board determines that:
(1) the territory described in the petition has not received and will not receive any benefit from the operation of the watershed district;
(2) the watershed district can perform the functions for which it was established without the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(b) Property may not be released that has been determined subject to benefits or damages for a project previously constructed.
(c) Property released remains liable for the proportionate share of any indebtedness existing at the time of the order. Levies on the property released continue in force until fully paid.
(d) If the board determines that the order prescribing the distribution of managers should be amended following the withdrawal of any territory, the board may direct redistribution of managers in the order authorizing the withdrawal.
(e) The board must file a certified copy of the findings and order of withdrawal with the secretary of state, the auditor of each county affected by the watershed district, the commissioner, and the watershed district.
103E.041 PERSONAL SERVICE IN LIEU OF OTHER METHODS OF NOTICE.
If notice is to be given under this chapter, personal service at least ten days before the date of hearing may be given in lieu of the manner provided. The notice must be served in the manner provided for the service of summons in a civil action in district court.
103A.311 PETITION FOR INTERVENTION.
The board may intervene in a proceeding if a petition is filed with the board for referral of a question of water policy involved in the proceeding.
A petition for intervention must identify the proceeding in which it is made and state the grounds for referral in a general manner with sufficient detail to inform interested parties of the nature of the questions proposed to be presented to the board and the public importance of the questions.
(a) A petition for intervention may be made by:
(1) the applicant in the proceeding;
(2) a party to the proceeding;
(3) the governor;
(4) the agency;
(5) the commissioner or director of a division in the Department of Natural Resources;
(6) the head of another state department or agency;
(7) a bureau or division of the federal government with a concern in the proceeding;
(8) an organization or group of persons with appropriate purpose related to the proceedings; or
(9) a person the board considers representative of a substantial segment of the state or peculiarly able to present evidence bearing on the public interest.
(b) The petition must be:
(1) signed and verified by the petitioner or an officer of the petitioner; or
(2) signed by the petitioner's attorney.
The petition must be filed in duplicate, one copy with the board, the other with the agency.
The petition shall allow intervention in a proceeding by the board if the petition is filed after the proceeding is initiated and before the agency's order is made.
103B.225 BOUNDARY CHANGE AND TERMINATION; EFFECT ON BENEFITS AND DAMAGES.
(a) The addition or transfer of property or termination of a district under sections 103B.215 and 103B.221 must not affect the benefits or damages for any improvement previously constructed by the district having jurisdiction over the property before the board's order takes effect. The property affected is and remains liable for its proper share of any outstanding indebtedness of the watershed district applying to the property before the board's order, and levies and assessments for the indebtedness continue in force until the debt is fully paid.
(b) In order to satisfy the requirements of this section, the board may prescribe conditions on the boundary change or termination or may prescribe a later effective date for the termination of specified powers of a watershed district.
103D.261 PROCEEDINGS TO ENLARGE WATERSHED DISTRICT.
(a) Proceedings to enlarge an existing watershed district must be initiated by a petition filed with the board. A majority of the managers may file a petition. Otherwise, the required signatures on a petition to enlarge are the same as for an establishment petition, but the percentages must be calculated only with reference to the territory that is proposed to be added to the watershed district. The petition must:
(1) state that the area to be added is contiguous to the existing watershed district;
(2) state that the area can be feasibly administered by the managers of the existing watershed district;
(3) state reasons why adding the area to the existing watershed district would be conducive to the public health and welfare;
(4) include a map of the affected area;
(5) state the name of the proposed enlarged watershed district, if other than that of the existing watershed district; and
(6) state a request for the addition of the proposed territory.
(b) The petition must be served on the board and affected watershed districts, and the board must proceed as prescribed for an establishment petition.
(c) The requirement of notice and public hearings is as prescribed for the establishment petition. The board must also give notice of the hearing by mail at least ten days before the hearing to each watershed district affected by the proposed enlargement.
(a) After the hearing, if the board determines that the enlargement of the watershed district as asked for in the petition would be for the public welfare and public interest and the purpose of this chapter would be served, the board shall, by making findings and an order, enlarge the watershed district and file a certified copy of the findings and order with the secretary of state, the auditor of each county affected by the watershed district, the director, and the watershed district.
(b) The name of the watershed district may be changed by order of the board if requested in the petition to enlarge the watershed district.
If the enlarged watershed district affects more than one county, the distribution of the managers among the counties affected shall be as directed by the board in the order enlarging the watershed district.
103E.043 INFORMAL MEETINGS.
A drainage authority may hold informal meetings in addition to the meetings and hearings required in this chapter to inform persons affected by the drainage system about the drainage proceedings and provide a forum for informal discussions.
103C.315 SUPERVISORS.
(a) Except as provided in paragraph (c), the district board shall consist of five supervisors, elected or appointed as provided in sections 103C.201, subdivision 8, and 103C.305.
(b) Supervisors must be eligible voters residing in the district.
(c) In counties where the county board consists of seven members and districts have been divided into supervisor districts, under section 103C.311, subdivision 2, the county board may establish seven supervisor districts, elected or appointed as provided in sections 103C.201, subdivision 8; 103C.305; and 103C.311, subdivision 2.
The supervisors appointed by the state board upon the establishment of a district serve terms ending as provided in section 103C.201, subdivision 8. Their successors shall be elected for terms of four years commencing on the first Monday in January and until a successor is elected or appointed and has qualified. Vacancies in the office of supervisor appointed by the state board shall be filled by the state board.
A majority of the supervisors is a quorum and the concurrence of a majority in any matter is required for its determination except as otherwise expressly provided.
A supervisor shall receive compensation for services up to $125 per day, and may be reimbursed for expenses, including traveling expenses, necessarily incurred in the discharge of duties. A supervisor may be reimbursed for the use of the supervisor's own automobile in the performance of official duties at a rate up to the maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code.
A supervisor may be removed from office in accordance with the procedures under sections 351.14 to 351.23 for malfeasance or nonfeasance in office, but for no other reason.
The office of soil and water conservation district supervisor and the offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. The office of soil and water conservation district supervisor and the office of town clerk or town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. A person holding both offices shall refrain from voting or taking any other formal action on any matter coming before the soil and water conservation district board or the city council or town board that has a substantial effect on both the soil and water conservation district and the city or town. This subdivision does not apply to an office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County.
103E.045 FAILURE TO ATTEND HEARINGS; DRAINAGE AUTHORITY.
If an order has been made and notice for a hearing given under this chapter, and the drainage authority does not appear at the time and place specified for any reason, the auditor shall continue the hearing to a date set by the auditor. The auditor shall notify the drainage authority of the continuance and the date of hearing. The jurisdiction is continued until the date set by the auditor.
103C.321 OFFICERS AND EMPLOYEES.
(a) The supervisors shall elect or appoint officers for the district and the district board.
(b) A chair of the district board shall be elected from its own members.
(c) A secretary and a treasurer shall be appointed who need not be members of the board.
(d) Officers serve at the pleasure of the supervisors. Officers shall have the powers and duties incident to their respective offices, and other powers and duties expressly prescribed by law or directed by the district board.
The district board may employ technical experts and other officers, agents, and employees, permanent and temporary, as the board may require. The supervisors shall determine their qualifications, duties, and compensation.
The district board shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property.
The county attorney of the county where the major portion of the district is located or one otherwise employed by the board shall be the attorney for the district and its supervisors. The district board may call upon the county attorney for necessary legal counsel and advice and service.
The district board may delegate to its chair or other officer, to one or more supervisors, or to one or more agents or employees the powers and duties they deem proper.
The supervisors may authorize the use of a credit card by any soil and water conservation district officer or employee otherwise authorized to make a purchase on behalf of the soil and water conservation district. If a soil and water conservation district officer or employee makes a purchase by credit card that is not approved by the supervisors, the officer or employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise comply with all statutes, rules, or soil and water conservation district policy applicable to soil and water conservation district purchases.
103A.315 COURT REFERRALS.
The court may refer a proceeding under its jurisdiction involving a law listed in section 103A.305 to the board by a petition of the court directed to the board. The referral may be made in original and appellate proceedings. A party to a proceeding may ask the court to refer a matter to the board. On receiving a petition for referral, the board shall proceed under sections 103A.301 to 103A.341.
103A.321 PETITION ABATES PROCEEDING UNTIL BOARD ACTS.
A petition for intervention filed with the board abates a proceeding until there is a recommendation by the board or until 60 days have passed after conclusion of hearing before the board, whichever is earlier, unless the agency makes a written finding stating reasons that the public interest requires the board to act immediately.
103D.265 CONSOLIDATING DISTRICTS.
(a) Proceedings for the consolidation of two or more watershed districts must be initiated by a petition filed with the board.
(b) The petition must be signed by each watershed district affected and state:
(1) the names of the watershed districts to be consolidated;
(2) that the watershed districts are adjoining;
(3) that the consolidated watershed districts can be feasibly administered as one watershed district;
(4) the proposed name of the consolidated watershed district;
(5) the reasons why it would be conducive to the public health, convenience and welfare to consolidate the watershed districts; and
(6) a request for the consolidation.
(c) The petition must be served and the board shall proceed as prescribed for an establishment petition. The requirement of notice and public hearings are as prescribed for the establishment petition.
(a) After the hearing, if the board determines that consolidation of the watershed districts as asked in the petition would serve the public welfare, public interest, and the purpose of this chapter, the board shall, by its findings and order, consolidate the watershed districts.
(b) The board shall file a certified copy of the findings and order with the secretary of state.
(c) The name of the watershed district may be changed by order of the board.
(a) The term of office of the managers of the consolidated watershed districts ends on the date of the order of consolidation. Distribution of the managers of the consolidated watershed district shall be as directed by the board in the order of consolidation.
(b) Five managers of the consolidated watershed district must be appointed from the managers of the consolidated watershed districts. Their first term shall be for one year. After the first year, the managers must be appointed as provided in this chapter.
(a) The real and personal property assets of the watershed districts involved and all legally valid and enforceable claims and contract obligations of the watershed districts pass to the new watershed district.
(b) Levies on the property of the watershed districts consolidated continue in force until fully paid.
(c) Property in the watershed districts remains liable for its proportionate share of indebtedness existing at the time of the order.
The watershed management plans of the watershed districts that were consolidated become the watershed management plan of the consolidated watershed district.
103B.227 WATERSHED MANAGEMENT ORGANIZATIONS.
Watershed management organizations shall notify the Board of Water and Soil Resources of member appointments and vacancies in member positions within 30 days. Appointing authorities shall fill vacant positions by 90 days after the vacancy occurs.
Appointing authorities for watershed management organization board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration. After December 31, 1999, staff of local units of government that are members of the watershed management organization are not eligible to be appointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made.
Appointing authorities may remove members of watershed management organization boards for just cause. The Board of Water and Soil Resources shall adopt rules prescribing standards and procedures for removing members of watershed management organization boards for just cause.
A watershed management organization shall publish and distribute at least one newsletter or other appropriate written communication each year to residents. The newsletter or other communication must explain the organization's water management programs and list the officers and telephone numbers.
A watershed management organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement.
[Repealed, 1995 c 184 s 32]
Watershed management organizations may accept transfer of drainage systems under sections 103B.205 to 103B.255.
103F.165 FLOOD INSURANCE.
It is the policy of the state that local governmental units subject to recurrent flooding participate in the national flood insurance program, Public Law 90-448, and amendatory and supplementary acts, so that the people of the state may have the opportunity to indemnify themselves from future flood losses through the purchase of the insurance.
[Repealed, 2014 c 289 s 70]
After receiving notice from the commissioner or the Federal Emergency Management Agency that flood hazard areas have been identified, each local governmental unit is encouraged to apply for participation in the national flood insurance program in the manner prescribed by federal laws and regulations.
103C.325 RECORDS; AUDIT; INFORMATION TO STATE BOARD.
The district board shall keep a full and accurate record of all proceedings and resolutions, regulations, and orders issued or adopted.
The state auditor shall annually audit the books of the district and its supervisors, or, at the request of the district board, the state auditor may contract for an annual audit by a certified public accountant. The state auditor may determine that an annual audit of a district is not necessary, in which case an audit shall be made at least every four years.
The supervisors shall furnish to the state board, upon request, copies of the ordinances, rules, regulations, orders, contracts, forms, and other documents that they adopt or use, and other information concerning their activities as the state board requires in the performance of its duties under this chapter.
103E.051 DEFECTIVE PROCEEDINGS.
(a) A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefits or damages to any property, or the enjoining of collection of any assessment, does not affect any other property or the collection of any assessment on other property.
(b) If a drainage project has been established and a contract awarded in good faith, without collusion, and at a reasonable price:
(1) a defect or lack of notice in awarding, making, or executing the contract does not affect the enforcement of an assessment; and
(2) if the contract is performed in good faith in whole or in part, a defect does not invalidate the contract.
103F.171 SOUTHERN MINNESOTA RIVERS BASIN AREA II BOUNDARIES.
For the purposes of sections 103F.171 to 103F.187, the term "Southern Minnesota Rivers Basin Area II" means the area within the watersheds of rivers and streams that are tributaries of the Minnesota River from the south between the cities of Ortonville and Mankato. Major rivers included within the watershed are the Yellow Bank, Lac Qui Parle, Yellow Medicine, Redwood, and Cottonwood. All of Lac Qui Parle, Yellow Medicine, and Redwood Counties, and parts of Lincoln, Lyon, Pipestone, Murray, Cottonwood, and Brown Counties are included within the boundaries of the area.
103D.301 DISTRIBUTION OF MANAGER POSITIONS.
If more than one county is affected by a watershed district, the board must provide that managers are distributed by residence among the counties affected by the watershed district and in consideration of the counties' portion of the land area and net tax capacity of the watershed.
If more than five counties are affected by a watershed district, the board may provide for the orderly distribution of the managers by identifying the manager areas within the watershed district and selecting the county board of commissioners for each manager's area to appoint a manager.
(a) After ten years from the establishment of the watershed district, the county board of commissioners of a county affected by the watershed district may petition the board to redistribute the managers. After holding a public hearing on redistributing the managers, the board may redistribute the managers among the counties affected by the watershed district if the redistribution is in accordance with the policy and purposes of this chapter.
(b) A petition for the redistribution of managers may not be filed with the board more often than once in ten years.
(c) If more than one county is affected by a watershed district, the board must distribute the one-, two-, and three-year terms among counties affected by the watershed district. The board may redistribute the three-year terms upon redistributing the managers among the affected counties or upon increasing the number of managers.
103E.055 REIMBURSING COST OF FORMER SURVEYS WHEN USED LATER.
If after a proceeding has begun a survey has been made and a proceeding to establish a drainage project has been dismissed or the drainage project has not been established, and if all or a part of the former survey is used by the engineer for a drainage proceeding in the same area, the amount saved in the subsequent proceedings must be paid to the proper parties according to this section. If the parties who paid the expense of the former survey make a petition, the drainage authority shall:
(1) determine the amount of benefit that was derived by the subsequent proceedings from the former survey;
(2) order the amount of the benefit to be paid to the proper parties; and
(3) charge the amount paid as a cost of the subsequent drainage proceeding.
103D.305 INCREASING NUMBER OF MANAGERS.
A proceeding to increase the number of managers of a watershed district must be initiated by filing a petition with the board.
The petition to increase the number of managers must request the increase and be signed by one or more of the following groups:
(1) one-half or more of the counties within the watershed district;
(2) counties with 50 percent or more of the area within the watershed district;
(3) a majority or greater number of the cities within the watershed district;
(4) 50 or more resident owners residing in the watershed district, excluding resident owners within the corporate limits of a city if the city has signed the petition; or
(5) the managers of the watershed district, by resolution adopted by a majority of the managers of the watershed district.
When the board receives a petition to increase the number of managers of a watershed district, the board must order a hearing on the petition.
(a) The board must give notice of the hearing to increase the number of managers by publication in a legal newspaper published in counties affected by the watershed district. The last publication must occur at least ten days before the hearing.
(b) The board must give notice of the hearing by mail to the auditors of counties and to the chief executive officials of municipalities affected by the watershed district.
(c) The notice must include:
(1) a statement that a petition to increase the number of managers of the watershed district has been filed with the board;
(2) a general description of the purpose of the watershed district;
(3) a general description of the property in the watershed district;
(4) the date, time, and location of the hearing; and
(5) a statement that all persons affected or interested in the watershed district may attend and give statements at the hearing.
(a) If the board determines at the hearing that an increase in the number of managers would benefit the public welfare, public interest, and the purpose of this chapter, the board must increase the number of managers. The board must make findings and an order accordingly and file a certified copy of the findings and order with the secretary of state, the auditor of each county affected by the watershed district, the director, and the watershed district. The board's order must prescribe the terms for the new managers to be appointed by the designated county board or boards.
(b) If the watershed district affects more than one county, the board, by order, must direct the distribution of the managers among the affected counties.
103A.325 BOARD DECISION TO INTERVENE.
After receiving a petition, the board must decide whether the petition and the record made before the agency show an important question of water policy according to rules adopted by the board. If the board decides that there is not an important question of water policy, the board may not intervene and the proceeding continues in the agency as though the petition had not been made. If the board decides there is an important question of water policy and intervention in the public interest is justified, the board must issue a brief statement to the petitioner and the agency describing in general terms the questions of water policy it will consider.
103B.239 RULE REVIEW.
The Board of Water and Soil Resources shall review the rules relating to sections 103B.205 to 103B.255 at least once every five years and adopt necessary amendments.
103F.173 PROGRAM.
There shall be a state grant-in-aid pilot program of providing financial assistance to units of local government, including counties, soil and water conservation districts, and watershed districts, located in the Southern Minnesota River Basin Area II for project and construction costs for the building of floodwater retarding and retention structures within a general plan for floodplain management.
103A.331 HEARING AND DETERMINATION.
After a petition is filed, the board must proceed expeditiously to hear, determine, and make its recommendations on the questions it has consented to consider. The hearings must be conducted to fully inform the board about all aspects of the public interest in the questions of water policy to be determined to make an impartial, scientific, and fully considered judgment.
(a) The recommendation of the board is the board's decision on the question of water policy considered by it.
(b) The ultimate question to which the board's recommendation is directed is the proper course of action to be followed by the agency in the proceeding in relation to questions of water policy considered by the board.
(c) The decision of the board must be in the form of a written recommendation to the agency. The decision must state the controlling facts in sufficient detail to inform the parties, the agency, and a reviewing court of the basis and reason for the decision.
In the proceeding and upon judicial review, the recommendation of the board is evidence. A certified copy is competent evidence of the recommendation of the board.
103E.061 RIGHT OF ENTRY.
In proceedings under this chapter, the engineer, the engineer's assistants, the viewers, and the viewers' assistants may enter any property to make a survey, locate a drain, examine the property, or estimate the benefits and damages.
103D.311 APPOINTING MANAGERS.
A person may not be appointed as a manager who:
(1) is not a voting resident of the watershed district; and
(2) is a public officer of the county, state, or federal government, except that a soil and water conservation supervisor may be a manager.
(a) At least 30 days before the terms of office of the first managers named by the board expire, the county commissioners of each county responsible for appointing a manager to the watershed district must meet and appoint successors.
(b) The county commissioners must meet at least 30 days before the term of office of any manager expires and appoint a successor.
(c) A vacancy occurring in an office of a manager must be filled by the appointing county board.
(d) Appointing county boards shall provide public notice before making appointments. Published notice must be given at least once by publication in a newspaper of general circulation in the watershed district at least 15 days before an appointment or reappointment is made. The notice must state that persons interested in being appointed to serve as a watershed district manager may submit their names to the county board for consideration.
(a) If the establishment petition that initiated the watershed district originated from a majority of the cities within the watershed district, the county commissioners must appoint the managers from a list of persons nominated by one or more of the townships and municipalities located within the watershed district. If the district is wholly within the metropolitan area, the county commissioners shall appoint the managers from a list of persons nominated jointly or severally by the towns and municipalities within the district. The list must contain at least three nominees for each manager's position to be filled. The list must be submitted to the county boards affected by the watershed district at least 60 days before the manager's term of office expires. The county commissioners may appoint any managers from towns and municipalities that fail to submit a list of nominees.
(b) If the list is not submitted 60 days before the managers' terms of office expire, the county commissioners must appoint the managers from eligible persons residing in the watershed district.
(c) Managers of a watershed district entirely within the metropolitan area must be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed.
A record of all appointments made under this section must be filed with the county auditor of each county affected by the watershed district, the secretary or administrator of the board of managers, and the Board of Water and Soil Resources.
103B.241 LEVIES.
Notwithstanding chapter 103D, a local government unit or watershed management organization may levy a tax to pay the increased costs of preparing a plan under sections 103B.231 and 103B.235 or for projects identified in an approved and adopted plan necessary to implement the purposes of section 103B.201. The proceeds of any tax levied under this section shall be deposited in a separate fund and expended only for the purposes authorized by this section. Watershed management organizations and local government units may accumulate the proceeds of levies as an alternative to issuing bonds to finance improvements.
A county may levy amounts necessary to pay the reasonable increased costs to soil and water conservation districts of administering and implementing priority programs identified in an approved and adopted plan.
103F.175 AID FORMULA.
Grants may be made by the Board of Water and Soil Resources to a local governmental unit for the purposes of sections 103F.171 to 103F.187 in an amount not to exceed 75 percent of the total cost of each project, including site acquisition, engineering, and construction. If federal funds are being utilized for a portion of the project costs, the state contribution may not exceed 50 percent of the remaining nonfederal costs. If the structure is located in the state of South Dakota, the two states shall share the nonfederal costs equally. Money granted by the state may not be used for any project of stream channelization.
103A.335 FILING, NOTICE, AND PROCEDURE.
A consent, notice, or recommendation made by the board must be filed with the agency. The filing is notice of the board's action. The board's rules may provide for a notice, in addition to filing by mail, posting, publication, or otherwise, to inform parties and interested persons of the board's actions.
(a) To implement sections 103A.301 to 103A.341, the chair of the board or a board member may subpoena witnesses, administer oaths, and compel the production of books, records, and other evidence.
(b) Disobedience of a subpoena, refusal to be sworn, or refusal to answer as a witness, is punishable as a contempt of the district court. The board or a board member must file a complaint of the disobedience with the district court of the county where the disobedience occurred.
(c) Witnesses receive the same fees and mileage as in civil actions.
(d) Persons must be sworn before testifying and the right to examine or cross-examine is the same as in civil actions.
Hearings must be public, conducted by the board or an authorized board member, and affected persons have the opportunity to be heard. The board must provide a stenographer to take the testimony and proceedings at the hearings must be recorded and preserved. Hearings must be conducted as much as practicable in the same way as civil actions.
State agencies may adopt opposite positions on the matter before the board when full advocacy will assist in disclosing the public interest.
103C.335 TECHNICAL AND ADMINISTRATIVE ASSISTANCE TO DISTRICTS.
At the request of local districts, the Agricultural Extension Service of the University of Minnesota, county extension committees, and county extension agents shall:
(1) advise the districts in developing their comprehensive plan amendments and annual work plans;
(2) in cooperation with the districts and the Natural Resources Conservation Service of the United States Department of Agriculture, provide technical assistance and education to land occupiers about conservation tillage practices and other soil conservation practices; and
(3) participate in training district officials and employees in cooperation with the state board.
103D.315 MANAGERS.
Each manager must take and sign the oath defined in the Minnesota Constitution, article V, section 6. The signed oath must be filed with the board.
(a) Each manager must file a bond with the board before assuming the manager's duties. The bond may be:
(1) a personal bond for each manager;
(2) a schedule or position bond or undertaking by the managers of the watershed district; or
(3) a single corporate surety fidelity, schedule or position bond or undertaking covering all managers and employees of the watershed district, including officers and employees required by law to furnish an individual bond or undertaking.
(b) The amount of the bond for managers is $1,000, unless increased by the board. The amount of the bond for officers and employees of the watershed district is the amount set by law or by the person or board authorized to set the amounts.
(c) The bond must be conditioned substantially as provided in section 574.13.
(d) The premium for the bond must be paid by the watershed district.
After filing the bond, the managers must elect different managers as president, secretary, and treasurer. The managers must fill vacancies occurring in the officers' positions. The managers must provide the necessary books, records, furniture, and equipment for the officers to perform their official duties.
MS 2022 [Repealed, 2024 c 90 art 3 s 88]
The managers must keep efficient records of all proceedings, minutes, certificates, contracts, bonds of the board's employees, and all other business transacted or action taken by the managers. The records must be open to inspection by the property owners within the watershed district and all other interested parties at all reasonable times.
The term of office for a manager is three years except for the first board of managers appointed by the state board and the first board appointed by the county board. A manager's term continues until a successor is appointed and qualified.
The provisions of section 351.02 regarding vacancies apply to members of the board of managers.
The compensation of managers for meetings and for performance of other necessary duties may not exceed $125 a day. Managers are entitled to reimbursement for traveling and other necessary expenses incurred in the performance of official duties.
(a) Within 30 days after the first board of managers has received notice by personal service of their selection, the managers must meet at the watershed district's principal place of business.
(b) At the first meeting, the managers must take the oath under subdivision 1, provide a bond under subdivision 2, elect officers under subdivision 3, and appoint an advisory committee under section 103D.331.
The managers shall meet annually and at other necessary times to transact the business of the watershed district. A meeting may be called at any time at the request of any manager according to chapter 13D.
The managers shall adopt bylaws for the administration of the business and affairs of the watershed district. Bylaws adopted under this subdivision are not subject to section 103D.341.
103E.065 DRAINAGE INSPECTORS.
In counties or watershed districts having drainage systems constructed in accordance with this chapter, the drainage authority shall appoint a competent person as drainage inspector. The inspector must not be a county commissioner. The inspector may be the county highway engineer. The inspector shall examine the drainage systems designated by the drainage authority. The drainage authority shall specify the appointment period and compensation.
103F.177 OPERATION WITHIN AGENCY.
The Board of Water and Soil Resources shall supervise the grant-in-aid pilot program pursuant to sections 103F.171 to 103F.187.
The board shall devise procedures and forms for application for grants by the local units of government, and review of and decision on the applications by the state board.
A professional engineer shall be employed by the board to work exclusively on the technical implementation and engineering of the pilot project established pursuant to sections 103F.171 to 103F.187. The engineer shall assist the local units of government and the board to achieve the purposes of the project, and shall have duties including:
(1) field review and analysis of projects and project sites;
(2) preparation of permit applications, including evaluation of environmental effects;
(3) development of recommended pertinent provisions of permits for specific projects;
(4) preparation of plans for further consideration of remedial flood control structural measures as part of a general rural floodplain management effort; and
(5) evaluation of the effectiveness of completed projects constructed under this program.
103A.341 FINDINGS BY BOARD.
Within 60 days of the close of a hearing the board must make findings and recommendations based solely on the evidence presented at the public hearing.
103D.321 PRINCIPAL PLACE OF BUSINESS.
If publicly accessible facilities are not available for a watershed district's principal place of business within the watershed district, the board shall determine and designate the nearest suitable publicly accessible facility as the watershed district's principal place of business. The principal place of business is the location of the watershed district's office or, if the district has no office, the location of regular meetings of the board of managers.
(a) The managers may initiate a change of the principal place of business to a different location within the watershed district by passing a resolution stating the proposed change of location. After passing the resolution, the managers must set a time and location for a hearing on the change of the principal place of business.
(b) The managers must give notice of the hearing by publication in a legal newspaper, published in the counties affected by the watershed district, with the last publication occurring at least ten days before the hearing. Notice of the hearing must be mailed to the auditors of counties affected by the watershed district ten days before the hearing. After the hearing, the managers may, by order, change the place of business.
(c) The change of the principal place of business of the watershed district is effective when a certified copy of the managers' order is filed with the secretary of state and the board.
103E.067 DITCH BUFFER STRIP; ANNUAL REPORTING.
The drainage authority shall annually submit a report to the Board of Water and Soil Resources for the calendar year including:
(1) the number and types of actions for which viewers were appointed;
(2) the number of miles of buffer strips established according to section 103E.021;
(3) the number of drainage system inspections conducted; and
(4) the number of violations of section 103E.021 identified and enforcement actions taken.