piers109uk/MN-Statutes huggingface dataset:
103B.103 EASEMENT STEWARDSHIP ACCOUNTS.
(a) The water and soil conservation easement stewardship account and the mitigation easement stewardship account are created in the special revenue fund. The accounts consist of money credited to the accounts and interest and other earnings on money in the accounts. The State Board of Investment must manage the accounts to maximize long-term gain.
(b) Revenue from contributions and money appropriated for any purposes of the account as described in subdivision 2 must be deposited in the water and soil conservation easement stewardship account. Revenue from contributions, mitigation fees designated for stewardship purposes by the board, easement stewardship payments authorized under subdivision 3, and money appropriated for any purposes of the account as described in subdivision 2 must be deposited in the mitigation easement stewardship account.
Five percent of the balance on July 1 each year in the water and soil conservation easement stewardship account and five percent of the balance on July 1 each year in the mitigation easement stewardship account are annually appropriated to the board and may be spent to cover the costs of managing easements held by the board, including costs associated with:
(1) repairing or replacing structures;
(2) monitoring;
(3) landowner contacts;
(4) records storage and management;
(5) processing landowner notices;
(6) requests for approval or amendments;
(7) enforcement; and
(8) legal services associated with easement management activities.
The board shall seek a financial contribution to the water and soil conservation easement stewardship account for each conservation easement acquired by the board. The board shall seek a financial contribution or assess an easement stewardship payment to the mitigation easement stewardship account for each wetland mitigation easement acquired by the board. Unless otherwise provided by law, the board shall determine the amount of the contribution or payment, which must be an amount calculated to earn sufficient money to meet the costs of managing the easement at a level that neither significantly overrecovers nor underrecovers the costs. In determining the amount of the financial contribution, the board shall consider:
(1) the estimated annual staff hours needed to manage the conservation easement, taking into consideration factors such as easement type, size, location, and complexity;
(2) the average hourly wages for the class or classes of state and local employees expected to manage the easement;
(3) the estimated annual travel expenses to manage the easement;
(4) the estimated annual miscellaneous costs to manage the easement, including supplies and equipment, information technology support, and aerial flyovers;
(5) the estimated annualized costs of legal services, including the cost to enforce the easement in the event of a violation;
(6) the estimated annualized costs for repairing or replacing water control structures; and
(7) the expected rate of return on investments in the account.
103D.111 APPEAL OF BOARD ORDERS.
In a proceeding to establish or terminate a watershed district where the board elected not to refer the proceeding to the Office of Administrative Hearings, a local unit of government or 25 or more residents within the area affected by the proceeding may, prior to judicial appeal of the board's decision, demand a contested case hearing to be conducted by the Office of Administrative Hearings. In the report of the administrative law judge, the fees of the Office of Administrative Hearings and transcript fees may be apportioned among the parties and the board. Apportionment must be based on the degree to which the parties and the board prevailed, or caused unnecessary delay or expense. Following receipt of the report of the administrative law judge, the board shall make a final decision in accordance with chapter 14.
A party that is aggrieved by the final decision made by the board may appeal the decision to the court of appeals in the manner provided by sections 14.63 to 14.69.
103B.104 LAWNS TO LEGUMES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to plant residential landscapes and community spaces with native vegetation and pollinator-friendly forbs and legumes to:
(1) protect a diversity of pollinators with declining populations; and
(2) provide additional benefits for water management, carbon sequestration, and landscape and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may give priority consideration for proposals in areas identified by the United States Fish and Wildlife Service as areas where there is a high potential for rusty patched bumble bees and other priority species to be present.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and promote the program.
(d) Data on individuals who apply for or receive financial or technical assistance to plant residential landscapes or community spaces under the program are classified as private data on individuals, as defined by section 13.02, subdivision 12. Section 13.05, subdivision 11, applies to an agreement between the board and a private person to implement the program.
103A.204 GROUNDWATER POLICY.
(a) The responsibility for the protection of groundwater in Minnesota is vested in a multiagency approach to management. The following is a list of agencies and the groundwater protection areas for which the agencies are primarily responsible; the list is not intended to restrict the areas of responsibility to only those specified:
(1) Environmental Quality Board: coordination of state groundwater protection programs;
(2) Pollution Control Agency: water quality monitoring and reporting and the development of best management practices and regulatory mechanisms for protection of groundwater from nonagricultural chemical contaminants;
(3) Department of Agriculture: sustainable agriculture, integrated pest management, water quality monitoring, and the development of best management practices and regulatory mechanisms for protection of groundwater from agricultural chemical contaminants;
(4) Board of Water and Soil Resources: reporting on groundwater education and outreach with local government officials, local water planning and management, and local cost-share programs;
(5) Department of Natural Resources: water quantity monitoring and regulation, sensitivity mapping, and development of a plan for the use of integrated pest management and sustainable agriculture on state-owned lands; and
(6) Department of Health: regulation of wells and borings, and the development of health risk limits under section 103H.201.
(b) The Environmental Quality Board shall prepare a report on policy issues related to its responsibilities listed in paragraph (a), and include these reports with the assessments in section 103A.43 and the "Minnesota Water Plan" in section 103B.151.
103F.101 CITATION.
Sections 103F.101 to 103F.151 may be cited as the "Floodplain Management Law."
103C.205 ANNEXING ADDITIONAL AREA.
(a) Resident owners may file a petition to include additional area within an existing district with the state board. The procedure for a petition to establish a district shall be followed on a petition to include additional area. The state board shall prescribe the form for the petition, which shall be as nearly as possible in the form for a petition to organize a district.
(b) If the petition for an area proposed for inclusion is signed by a majority of the resident owners in the area, a referendum need not be held.
(c) In a referendum to include additional area, all eligible voters within the proposed additional area may vote.
(d) It is not necessary to obtain the consent of the fee owners within the district before the additional area is annexed to a district.
103F.105 FLOODPLAIN MANAGEMENT POLICY.
(a) The legislature finds:
(1) a large portion of the state's land resources is subject to recurrent flooding by overflow of streams and other watercourses causing loss of life and property, disruption of commerce and governmental services, unsanitary conditions, and interruption of transportation and communications, all of which are detrimental to the health, safety, welfare, and property of the occupants of flooded lands and the people of this state; and
(2) the public interest necessitates sound land use development as land is a limited and irreplaceable resource, and the floodplains of this state are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.
(b) It is the policy of this state to reduce flood damages through floodplain management, stressing nonstructural measures such as floodplain zoning and floodproofing, flood warning practices, and other indemnification programs that reduce public liability and expense for flood damages.
(c) It is the policy of this state:
(1) not to prohibit but to guide development of the floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local governmental units in floodplain management;
(3) to encourage local governmental units to adopt, enforce and administer sound floodplain management ordinances;
(4) to provide the commissioner of natural resources with authority necessary to carry out a floodplain management program for the state and to coordinate federal, state, and local floodplain management activities in this state; and
(5) to provide incentives for communities to participate in the national flood insurance program and for citizens of Minnesota to take actions such as purchasing and maintaining flood insurance to reduce future flood damage to private property.
103D.201 WATERSHED DISTRICT PURPOSES.
To conserve the natural resources of the state by land use planning, flood control, and other conservation projects by using sound scientific principles for the protection of the public health and welfare and the provident use of the natural resources, the establishment of watershed districts is authorized under this chapter.
A watershed district may be established for and use its powers to advance any of the following purposes:
(1) to control or alleviate damage from floodwaters to promote climate resilience;
(2) to protect, improve, or restore watercourses and water basins for drainage, navigation, water quality, flood mitigation, and any other public purpose;
(3) to manage impacts to, restore, or replace wet and overflowed land;
(4) to provide a water supply for irrigation;
(5) to regulate and conserve the flow of watercourses;
(6) to provide or conserve water supply for domestic, industrial, recreational, agricultural, or other public use;
(7) to provide for sanitation and public health and regulate the use of streams, ditches, or watercourses to dispose of waste;
(8) to repair, improve, relocate, modify, consolidate, and abandon all or part of drainage systems within a watershed district;
(9) to control or alleviate soil erosion and siltation of watercourses or water basins;
(10) to regulate improvements by riparian property owners of the beds, banks, and shores of lakes, streams, and wetlands for preservation and beneficial public use;
(11) to provide for hydroelectric power generation;
(12) to protect or enhance the water quality in watercourses or water basins;
(13) to provide for the protection of groundwater and regulate its use to preserve it for beneficial purposes; and
(14) to otherwise manage and protect surface waters and groundwaters for any beneficial purpose.
103B.105 HABITAT-FRIENDLY UTILITIES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to promote the successful establishment of native vegetation as part of utility projects, including solar and wind projects, pipelines, and electrical transmission corridors, to:
(1) ensure the integrity and resiliency of Minnesota landscapes; and
(2) protect habitat and water resources.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may prioritize proposals in areas identified by state and federal agencies and conservation partners for protecting high-priority natural resources and wildlife species.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; utility companies; nonprofit organizations; and contractors to implement and promote the program.
103F.111 DEFINITIONS.
The definitions in this section apply to sections 103F.111 to 103F.165.
"Commissioner" means the commissioner of natural resources.
"Flood fringe" means the portion of the floodplain outside of the floodway.
"Floodplain" means the areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
"Floodway" means the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
"Local governmental unit" means a county, statutory or home rule charter city, town, watershed district, or lake improvement district.
"Mitigation" means the act of alleviating the effects of floods and flooding by moderating or reducing the severe damages resulting from floods through structural and nonstructural flood management measures.
"Mitigation measures" means structural or nonstructural flood management measures, or both.
"Nonstructural flood management measures" means actions in floodplains designed to reduce the damaging effects of floods on existing and potential users of floodplains, without physically altering the flood behavior. Nonstructural flood management measures include:
(1) public acquisition of floodplain lands;
(2) relocation of public and private structures and facilities;
(3) floodproofing of public and private facilities;
(4) installation and operation of flood warning systems and evacuation procedures;
(5) adoption and enforcement of land use control ordinances and building codes;
(6) installation of signs and other notifications in regional flood areas; and
(7) provision of flood insurance and public education.
"Regional flood" means a flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval.
"Structural flood management measures" means physical actions taken to modify the behavior and extent of floods and flooding, including the construction of dams, dikes, levees, flood bypass channels, floodwater storage and retardation structures, and water level control structures, excluding deepening or straightening of existing stream channels.
"Water basin" has the meaning given it by section 103G.005, subdivision 16.
103B.106 HABITAT ENHANCEMENT LANDSCAPE PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to establish or enhance areas of diverse native vegetation to:
(1) support declining populations of bees, butterflies, dragonflies, birds, and other wildlife species that are essential for ecosystems and food production across conservation lands, open spaces, and natural areas; and
(2) provide additional benefits for water management, carbon sequestration, and landscape and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may prioritize proposals in areas identified by state and federal agencies and conservation partners as high priority for protecting endangered or threatened pollinator and other species.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and promote the program.
103D.205 ESTABLISHMENT PETITION.
To establish a watershed district, an establishment petition must be filed with the board.
(a) The establishment petition must state:
(1) the name of the proposed watershed district;
(2) in general terms, a description of the property to be included in the watershed district;
(3) the necessity for the watershed district and the contemplated improvements within the watershed district;
(4) the reasons why the watershed district and the contemplated improvements would be conducive to public health and public welfare, or would accomplish any of the purposes in section 103D.201;
(5) by illustration in a map, the proposed watershed district;
(6) the number of managers proposed for the watershed district; and
(7) a list of the nominees for manager positions containing at least twice the proposed number of managers.
(b) The number of managers proposed for a watershed district may not be less than three nor more than nine. A manager must not be a public officer of the county, state, or federal government, except that a soil and water conservation supervisor may be a manager.
The establishment petition must be signed by one or more of the following groups:
(1) one-half or more of the counties within the proposed watershed district;
(2) counties having 50 percent or more of the area within the proposed watershed district;
(3) a majority of the cities within the proposed watershed district; or
(4) 50 or more resident owners residing in the proposed watershed district, excluding resident owners within the corporate limits of a city if the city has signed the petition.
The petitioners must file a copy of the establishment petition with the auditors of the counties affected by the proposed watershed district and the director. The original establishment petition, with a signed statement of delivery or receipt for each of the establishment petitions submitted to the auditors of affected counties and the director, must be filed with the board.
Similar and duplicate establishment petitions for the same proposed watershed district may be filed and regarded as one establishment petition. All establishment petitions filed before the establishment hearing must be considered by the board as part of the original petition.
An establishment petition that has the requisite number of petitioner signatures may not be dismissed because of defects in the establishment petition. The board must allow petitioners to amend a defective establishment petition at any time before the end of the establishment hearing.
After an establishment petition has been filed, a petitioner may not withdraw from the establishment petition unless the withdrawing petitioner obtains the written consent of all other petitioners and files the written consent with the board.
103F.115 PRIORITY FOR REDUCING FLOOD DAMAGE.
Floodplain management ordinances are to be given primary consideration in the reduction of flood damage in the state and alternative methods for reducing flood damage may not be carried out before adoption of floodplain management ordinances by local governmental units. Structural projects which have the purpose of controlling floods are to be considered only as elements of a floodplain management program.
103C.215 CHANGING NAME.
The name of a district may be changed with the approval of the state board, after the adoption of a resolution by a majority of the supervisors stating the new name, by filing a certified copy of the resolution with the secretary of state.
103B.151 COORDINATING WATER RESOURCE PLANNING.
The Environmental Quality Board shall:
(1) coordinate public water resource management and regulation activities among the state agencies having jurisdiction in the area;
(2) coordinate comprehensive long-range water resources planning in furtherance of the Environmental Quality Board's "Minnesota Water Plan," published in January 1991, by September 15, 2000, and each ten-year interval afterwards;
(3) coordinate water planning activities of local, regional, and federal bodies with state water planning and integrate these plans with state strategies;
(4) coordinate development of state water policy recommendations and priorities, and a recommended program for funding identified needs, including priorities for implementing the state water resources monitoring plan;
(5) administer federal water resources planning with multiagency interests;
(6) ensure that groundwater quality monitoring and related data is provided and integrated into the Minnesota land management information system according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data;
(7) coordinate the development and evaluation of water information and education materials and resources; and
(8) coordinate the dissemination of water information and education through existing delivery systems.
The Environmental Quality Board chair shall represent the governor on interstate water resources organizations.
[Repealed, 1995 c 186 s 28]
103E.011 DRAINAGE AUTHORITY POWERS.
The drainage authority may make orders to:
(1) construct and maintain drainage systems;
(2) deepen, widen, straighten, or change the channel or bed of a natural waterway that is part of the drainage system or is located at the outlet of a drainage system;
(3) extend a drainage system into or through a municipality for a suitable outlet; and
(4) construct necessary dikes, dams, and control structures and power appliances, pumps, and pumping machinery as provided by law.
A drainage authority may not drain a water body or begin work or activity regulated by the public-waters-work permit requirement under section 103G.245 in a watercourse until the commissioner determines that the water body or watercourse is not public waters. If a water body or watercourse is determined to be public waters, the drainage proceedings are subject to section 103G.211 relating to replacing public waters and the water bank program.
(a) The drainage authority must receive permission from the commissioner to:
(1) remove, construct, or alter a dam affecting public waters;
(2) establish, raise, or lower the level of public waters; or
(3) drain any portion of a public water.
(b) The petitioners for a proposed drainage project or the drainage authority may apply to the commissioner for permission to do work in public waters or for the determination of public waters status of a water body or watercourse.
The drainage authority may construct necessary dams, structures, and improvements and maintain them to impound and release floodwater to prevent damage. The dams, structures, and improvements may be constructed with or without a drainage project. For a water body or watercourse that is not public waters the drainage authority may:
(1) lower or establish the level of water in the water body or watercourse to control floodwaters;
(2) build structures and improvements to maintain a water body or watercourse for flood control or other public purposes; and
(3) construct dikes or dams in a water body to maintain water at the level designated by the drainage authority and to drain part of the water body.
Notwithstanding other provisions of this chapter, a drainage authority may accept and use funds from sources other than, or in addition to, those derived from assessments based on the benefits of the drainage system for the purposes of wetland preservation or restoration or creation of water quality improvements or flood control. The sources of funding authorized under this subdivision may also be used outside the benefited area but must be within the watershed of the drainage system.
103A.205 CONSERVATION POLICY FOR RAINWATER.
It is the policy of the state to promote the retention and conservation of all water precipitated from the atmosphere in the areas where it falls, as far as practicable. Except as otherwise expressly provided, all officers, departments, and other agencies of the state or political subdivisions having any authority or means for constructing, maintaining, or operating dams or other works or engaging in other projects or operations affecting precipitated water shall use the authority, as far as practicable, to effectuate the policy in this section.
103B.155 STATE WATER AND RELATED LAND RESOURCE PLAN.
The commissioner of natural resources, in cooperation with other state and federal agencies, regional development commissions, the Metropolitan Council, local governmental units, and citizens, shall prepare a statewide framework and assessment water and related land resources plan for presentation to the legislature by November 15, 1975, for its review and approval or disapproval. This plan must relate each of the programs of the Department of Natural Resources for specific aspects of water management to the others. The statewide plan must include:
(1) regulation of improvements and land development by abutting landowners of the beds, banks, and shores of lakes, streams, watercourses, and marshes by permit or otherwise to preserve them for beneficial use;
(2) regulation of construction of improvements on and prevention of encroachments in the floodplains of the rivers, streams, lakes, and marshes of the state;
(3) reclamation or filling of wet and overflowed lands;
(4) repair, improvement, relocation, modification or consolidation in whole or in part of previously established public drainage systems within the state;
(5) preservation of wetland areas;
(6) management of game and fish resources as related to water resources;
(7) control of water weeds;
(8) control or alleviation of damages by floodwaters;
(9) alteration of stream channels for conveyance of surface waters, navigation, and any other public purposes;
(10) diversion or changing of watercourses in whole or in part;
(11) regulation of the flow of streams and conservation of their waters;
(12) regulation of lake water levels;
(13) maintenance of water supply for municipal, domestic, industrial, recreational, agricultural, aesthetic, wildlife, fishery, or other public use;
(14) sanitation and public health and regulation of uses of streams, ditches, or watercourses to dispose of waste and maintain water quality;
(15) preventive or remedial measures to control or alleviate land and soil erosion and siltation of affected watercourses or bodies of water;
(16) regulation of uses of water surfaces; and
(17) identification of high priority regions for wetland preservation, enhancement, restoration, and establishment.
103D.211 AUDITOR'S CERTIFICATION OF PETITIONERS.
An auditor that receives a copy of an establishment petition must determine if the petitioners are resident owners from the tax records. The tax records are prima facie evidence of ownership. The auditor must certify the number of petitioners that are resident owners and file the certification with the board.
103A.208 SCENIC RIVER PROTECTION POLICY.
The legislature finds that certain of Minnesota's rivers and their adjacent lands possess outstanding scenic, recreational, natural, historical, scientific and similar values. It is in the interest of present and future generations to retain these values, and a policy of the state, and an authorized public purpose to preserve and protect these rivers.
103A.207 FLOODPLAIN MANAGEMENT POLICY.
(a) It is the policy of this state to reduce flood damages through floodplain management, stressing nonstructural measures such as floodplain zoning and floodproofing, and flood warning practices.
(b) It is the policy of this state:
(1) not to prohibit but to guide development of the floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local governmental units in floodplain management;
(3) to encourage local governmental units to adopt, enforce, and administer sound floodplain management ordinances; and
(4) to provide the commissioner of natural resources with authority necessary to carry out a floodplain management program for the state and to coordinate federal, state, and local floodplain management activities in this state.
103D.215 DIRECTOR'S REPORT.
(a) After receiving a copy of the establishment petition, the director must notify the board that an establishment petition has been received and prepare a preliminary watershed map of and a preliminary report about the watershed district.
(b) The preliminary watershed map must show the natural watershed boundaries within the proposed watershed district.
(c) The preliminary report must be based on the establishment petition and other available data and must recommend whether the watershed district should be established.
(d) The director must submit the preliminary report and the preliminary watershed map to the board within 30 days after the date the establishment petition was received by the director, unless the time is extended by the board.
103C.221 CHANGING LOCATION OF PRINCIPAL OFFICE.
The location of the principal office of the district may be changed after the adoption of a resolution by a majority of the district board stating the new location within the district and by filing a certified copy of the resolution with the secretary of state.
103F.125 CONSIDERING INDUSTRIAL USES IN FLOODPLAIN.
The commissioner in promulgating guidelines under section 103F.141 and local governmental units in preparing floodplain management ordinances shall give due consideration to the needs of an industry whose business requires that it be located within a floodplain.
103E.015 CONSIDERATIONS BEFORE DRAINAGE WORK IS DONE.
Before establishing a drainage project, the drainage authority must consider each of the following criteria:
(1) private and public benefits and costs of the proposed drainage project;
(2) alternative measures, including measures identified in applicable state-approved and locally adopted water management plans, to:
(i) conserve, allocate, and use drainage waters for agriculture, stream flow augmentation, or other beneficial uses;
(ii) reduce downstream peak flows and flooding;
(iii) provide adequate drainage system capacity;
(iv) reduce erosion and sedimentation; and
(v) protect or improve water quality;
(3) the present and anticipated land use within the drainage project or system, including compatibility of the project with local land use plans;
(4) current and potential flooding characteristics of property in the drainage project or system and downstream for 5-, 10-, 25-, and 50-year flood events, including adequacy of the outlet for the drainage project;
(5) the effects of the proposed drainage project on wetlands;
(6) the effects of the proposed drainage project on water quality;
(7) the effects of the proposed drainage project on fish and wildlife resources;
(8) the effects of the proposed drainage project on shallow groundwater availability, distribution, and use; and
(9) the overall environmental impact of all the above criteria.
When planning a drainage project or a repair under section 103E.715, and prior to making an order on the engineer's preliminary survey report for a drainage project or the engineer's report for a repair, the drainage authority shall investigate the potential use of external sources of funding to facilitate the purposes indicated in section 103E.011, subdivision 5, and alternative measures in subdivision 1, clause (2). This investigation shall include early coordination with applicable soil and water conservation district and county and watershed district water planning authorities about potential external sources of funding and technical assistance for these purposes and alternative measures. The drainage authority may request additional information about potential funding or technical assistance for these purposes and alternative measures from the executive director of the Board of Water and Soil Resources.
In any proceeding to establish a drainage project, or in the construction or repair of or other work affecting a public drainage system under any law, the drainage authority or other authority having jurisdiction over the proceeding must give proper consideration to conservation of soil, water, wetlands, forests, wild animals, and related natural resources, and to other public interests affected, together with other material matters as provided by law in determining whether the project will be of public utility, benefit, or welfare.
103B.201 METROPOLITAN WATER MANAGEMENT PROGRAM; PURPOSE.
The purposes of the water management programs required by sections 103B.205 to 103B.255 are to:
(1) protect, preserve, and use natural surface water and groundwater storage and retention systems;
(2) minimize public capital expenditures needed to correct flooding and water quality problems;
(3) identify and plan for means to effectively protect and improve surface water and groundwater quality;
(4) establish more uniform local policies and official controls for surface water and groundwater management;
(5) prevent erosion of soil into surface water systems;
(6) promote groundwater recharge;
(7) protect and enhance fish and wildlife habitat and water recreational facilities; and
(8) secure the other benefits associated with the proper management of surface water and groundwater.
103A.209 MARGINAL, ERODIBLE LAND RETIREMENT POLICY.
It is state policy to encourage the retirement of marginal, highly erodible land, particularly land adjacent to public waters and drainage systems, from crop production and to reestablish a cover of perennial vegetation.
103D.221 ESTABLISHMENT HEARING; NOTICE.
(a) After receiving an establishment petition, the board must determine whether the establishment petition has the requisite number of petitioner signatures.
(b) If the establishment petition does not have the requisite number of petitioners, the board must dismiss the establishment petition and return it to the petitioners with an explanation of why the petition was dismissed.
(c) If the board determines that an establishment petition has the requisite number of petitioner signatures, the board must, by order, set a time and location for a hearing on the establishment petition within 35 days after its determination. The hearing must be held within the limits of the proposed watershed district for an establishment hearing unless the board determines a suitable place is not located within the proposed watershed district and selects a place within the limits of a county affected by the proposed watershed district.
(a) The board must give notice of the establishment hearing by publication in a legal newspaper that is published in counties affected by the proposed watershed district. The last publication must occur at least ten days before the establishment hearing.
(b) The board must give notice of the establishment hearing by mail to the auditors of counties and to the chief executive officials of municipalities affected by the proposed watershed district.
(c) The notice must include:
(1) a statement that an establishment petition has been filed with the board and auditors of counties affected by the proposed watershed district;
(2) a general description of the need for the proposed district, and the purpose of the proposed watershed district's contemplated improvements, if any;
(3) a general description of the property to be included in the proposed watershed district;
(4) the date, time, and location of hearing; and
(5) a statement that all persons affected or interested in the establishment of the proposed watershed district may attend and give statements at the establishment hearing.
103C.231 COOPERATION BETWEEN DISTRICTS AND OTHER PUBLIC AGENCIES.
(a) The district boards of two or more districts may cooperate with one another or with appropriate agencies to exercise powers conferred in this chapter or sections 103F.401 to 103F.455.
(b) The district board may make contracts or other arrangements with:
(1) the federal government;
(2) persons or public or private corporations; and
(3) the government of this state or other states.
(c) A soil and water conservation district may join or cooperate by agreement as provided in section 471.59 with another soil and water conservation district or a watershed district, or a governmental unit defined in section 471.59, or with a combination of them in an operation or project in which the soil and water conservation district and the other party have a common interest. For the purposes of this section, soil and water conservation districts and watershed districts are governmental units under section 471.59.
(a) If the improvement work unit covers two districts, a joint board made up of three supervisors from each of the district boards shall preside. If the improvement work unit covers three or more districts, a joint board made up of two supervisors from each district board shall preside. The individual boards shall appoint the supervisors to represent them on the joint board.
(b) The joint board shall accept and approve initial requests for improvement work units, direct the preparation of preliminary surveys and studies, establish improvement work units, and, at the direction of the county boards, adopt programs and reports, award contracts, supervise construction, and accept completed construction work.
103B.205 DEFINITIONS.
The definitions in this section apply to sections 103B.211 to 103B.255.
"Board" means the Board of Water and Soil Resources unless the context indicates otherwise.
"Capital improvement program" means an itemized program for at least a five-year prospective period, and any amendments to it, subject to at least biennial review, setting forth the schedule, timing, and details of specific contemplated capital improvements by year, together with their estimated cost, the need for each improvement, financial sources, and the financial effect that the improvements will have on the local government unit or watershed management organization.
"Groundwater plan" means a county plan adopted under section 103B.255.
"Groundwater system" means one of the 14 principal aquifers of the state as defined by the United States Geological Survey in the Water-Resources Investigations 81-51, entitled "Designation of Principal Water-Supply Aquifers in Minnesota" (August 1981), and its revisions.
"Local comprehensive plan" has the meaning given it in section 473.852, subdivision 5.
"Local government unit" or "local unit" has the meaning given it in section 473.852.
"Metropolitan area" has the meaning given in section 473.121, subdivision 2.
"Minor watershed units" means the drainage areas identified and delineated as such pursuant to Laws 1977, chapter 455, section 33, subdivision 7, paragraph (a).
"Official controls" has the meaning given it in section 473.852.
"State review agencies" means the commissioners of natural resources, the Pollution Control Agency, agriculture, and health.
"Subwatershed unit" means a hydrologic area less than the entire area under the jurisdiction of a watershed management organization.
"Watershed" means a drainage area having boundaries which are substantially coterminous with those of an aggregation of contiguous minor watershed units possessing similar drainage patterns and which cross the borders of two or more local government units.
"Watershed district" means a district established under chapter 103D.
"Watershed management organization" or "organization" means a watershed district wholly within the metropolitan area or a joint powers entity established wholly or partly within the metropolitan area by special law or by agreement that performs some or all of the functions of a watershed district for a watershed and that has the characteristics and the authority specified under section 103B.211. Lake improvement or conservation districts are not watershed management organizations.
103A.211 WATER LAW POLICY.
The Water Law of this state is contained in many statutes that must be considered as a whole to systematically administer water policy for the public welfare. Water law that seems contradictory as applied to a specific proceeding creates a need for a forum where the public interest conflicts involved can be presented and, by consideration of the whole body of water law, the controlling policy can be determined and apparent inconsistencies resolved.
103F.135 COMMISSIONER'S ASSISTANCE AND INSPECTIONS.
The commissioner shall:
(1) collect and distribute information relating to flooding and floodplain management;
(2) coordinate local, state, and federal floodplain management activities to the greatest extent possible, and encourage the United States Army Corps of Engineers and the United States Department of Agriculture to make their flood control planning data available to local governmental units for planning purposes, to allow adequate local participation in the planning process and in the selection of desirable alternatives;
(3) assist local governmental units in their floodplain management activities; and
(4) do all other things, within lawful authority, that are necessary or desirable to manage the floodplain for beneficial uses compatible with the preservation of the capacity of the floodplain to carry and discharge the regional flood.
In cooperation with local governmental units, the commissioner shall conduct, whenever possible, periodic inspections to determine the effectiveness of local floodplain management programs, including an evaluation of the enforcement of and compliance with local floodplain management ordinances.
103E.025 PROCEDURE FOR DRAINAGE PROJECT THAT AFFECTS STATE LAND OR WATER AREA USED FOR CONSERVATION.
If a land or water area owned by the state and held or used to protect or propagate wild animals, provide hunting or fishing for the public, or for any other purpose relating to the conservation, development, or use of soil, water, forests, wild animals, or related natural resources will be affected by any public project or proceeding for drainage under any law, all procedures relating to the project or proceeding are subject to this section, if applicable.
(a) Any part of the state land or water area may be taken or damaged for a public project after payment of just compensation as provided by law and under the provisions of this subdivision.
(b) The authority having jurisdiction of the drainage project or proceeding shall first find and determine that there is public necessity for the taking or damage that is greater than the public interest in the purposes for which the affected land and water areas are held or used by the state.
(c) In determining the compensation to be paid for the taking or damage, the authority must give proper consideration to the value of the land and water area for the purposes it is held or used by the state and other material elements of value.
(d) Public waters may not be taken, damaged, or impaired except as otherwise expressly authorized by law, and a provision of any other law for the protection or conservation of public waters may not be abridged or superseded by this subdivision.
In determining benefits to the state land or water area in any proceeding to levy assessments or offset benefits against damages, proper consideration must be given to the value of the area for the purpose it is held or used by the state, with other material elements of value.
Any amounts paid to the state for taking or damaging the state land or water area in a proceeding must be credited to the proper account for acquisition, development, or maintenance of the areas, and the amount is appropriated to the commissioner for those purposes to remain available until expended.
Assessments for benefits made against the state land or water area in a proceeding must be paid out of money appropriated and available to pay assessments as provided by law.
103C.235 STATE AGENCIES TO COOPERATE.
State agencies which have jurisdiction over or administer state-owned lands, and agencies of a county, or other governmental subdivision, that have jurisdiction over or administer county-owned or other publicly owned lands that are in a district, shall cooperate with the district boards to implement programs and operations undertaken by the district board under this chapter and sections 103F.401 to 103F.455. The district board shall have free access to enter and perform work on the affected lands.
103E.031 CONNECTION WITH DRAINS IN ADJOINING STATES.
If it is necessary to construct a drainage project at or near the boundary between this state and another state or country and the work cannot be done in a proper manner without extending the drainage project into the adjoining state or country, the drainage authority may join with the board or tribunal of the adjoining state or country having jurisdiction to plan and construct public drainage systems. The drainage authority in this state may enter into contracts or arrangements with the board or tribunal of the adjoining state or country to construct the drainage project. The proceeding and construction related to property in this state and, as applicable, the drainage authority in relation to the joint drainage work, are governed by this chapter.
The adjoining county or district in another state or country must pay its proper share of the necessary costs of the construction of any drainage work including damages. If the benefits to property in the adjoining state or country are not sufficient to pay all the costs of construction of the drainage project in that state or country, including damages, the drainage authority may authorize or direct the affected counties to contribute sufficient funds to complete the construction of the drainage project in the adjoining state or country, if the construction will be of sufficient benefit to the affected property in this state to warrant the contribution.
103F.141 RULES.
The commissioner shall adopt rules to implement sections 103F.101 to 103F.151, including:
(1) criteria for determining the floodplain uses that may be permitted without creating an unreasonable public hazard or unduly restricting the capacity of the floodplain to carry and discharge a regional flood;
(2) variance procedures; and
(3) the establishment of criteria for alternative or supplemental floodplain management measures such as floodproofing, subdivision rules, building codes, sanitation rules, and flood warning systems.
[Repealed, 2Sp1997 c 2 s 32]
103D.231 DISMISSING ESTABLISHMENT PROCEEDINGS.
If the board determines that establishment of a proposed watershed district in an establishment petition would not benefit the public welfare and public interest, or would not serve the purpose of this chapter, the board must, by order, dismiss the establishment proceedings. A copy of the order dismissing the establishment proceeding must be mailed immediately to the auditors of counties affected by the proposed watershed district, the commissioner, and the director.
103A.212 WATERSHED MANAGEMENT POLICY.
The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes, streams, wetlands, and groundwater provide a foundation for drinking water and the state's recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and economic well-being. The legislature finds that it is in the public interest to manage groundwater and surface water resources from the perspective of aquifers, watersheds, and river basins to achieve protection, preservation, enhancement, and restoration of the state's valuable groundwater and surface water resources.
103A.301 DEFINITIONS.
The definitions in this section apply to sections 103A.301 to 103A.341.
"Agency" means a state officer, board, commission, bureau, division, or agency, other than a court, exercising duty or authority under laws listed in section 103A.305.
"Board" means the Board of Water and Soil Resources.
"Court" means the district court or a judge of the district court before whom the proceeding is pending.
"Proceeding" means a procedure under any of the laws listed in section 103A.305 that involves administrative discretion or duty.
"Question of water policy" means a question of water law and policy in which use, disposal, pollution, or conservation of water is a factor in a proceeding, including:
(1) determination of the governing policy of state law in the proceeding and resolution of apparent inconsistencies between different statutes; or
(2) the proper application of the policy of state law to facts in the proceeding if application is a matter of administrative discretion.