reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.171 — Southern Minnesota Rivers Basin Area Ii Boundaries.

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.
History:
1990 c 391 art 6 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.173 — Program.

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.
History:
1990 c 391 art 6 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.175 — Aid Formula.

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.
History:
1990 c 391 art 6 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.177 — Operation Within Agency.

103F.177 OPERATION WITHIN AGENCY.
Subdivision 1.
Board of Water and Soil Resources.
The Board of Water and Soil Resources shall supervise the grant-in-aid pilot program pursuant to sections 103F.171 to 103F.187.
Subd. 2.
Procedures and forms.
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.
Subd. 3.
Staff position.
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.
History:
1990 c 391 art 6 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.179 — Selecting Projects.

103F.179 SELECTING PROJECTS.
Subdivision 1.
Evaluating area and sites; federal cooperation.
Before a grant is made, a priority system shall be devised for the selection of projects to receive the aid. The Board of Water and Soil Resources is the granting authority and shall cooperate with the United States Army Corps of Engineers, the Department of Natural Resources, the United States Natural Resources Conservation Service and the Area II Action Committee in analysis of the general floodplain management plan for the area and in hydrological and engineering studies on specific proposed sites. From that information, the Board of Water and Soil Resources shall determine the relative severity of the flooding problem which would be wholly or partly solved by each project. The range of priorities based on these findings shall provide a basis for selection of project sites.
Subd. 2.
Project requirement for each watershed.
Notwithstanding the requirement in subdivision 1 that project selection be based on a priority system, not more than one project may be located within any one of the Cottonwood, Lac Qui Parle, Redwood, Yellow Medicine, and Yellow Bank Rivers' watersheds unless agreed upon by the Area II Action Committee composed of representatives of each of those watersheds.
History:
1990 c 391 art 6 s 20; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.181 — Conditions For Grants.

103F.181 CONDITIONS FOR GRANTS.
Subdivision 1.
Local expression of willingness.
The local unit of government shall apply for a grant by a resolution requesting state funding assistance for the construction of a floodwater retention or retarding structure within its jurisdiction. The resolution shall include provisions concerning local funding, if any. The local unit of government shall state its intent to obtain necessary land rights for proposed construction sites and to assume responsibility for maintenance of the structure on its completion.
Subd. 2.
General plan.
The local unit of government shall demonstrate that the construction project that it proposes is consistent with its general plan for floodplain management. The general plan of the local government unit shall be in conformity with the policy and objectives of this chapter and shall, where reasonable and practicable, include nonstructural means of floodplain management.
Subd. 3.
Federal aid availability.
The Board of Water and Soil Resources shall complete a detailed analysis of the availability of federal funds and programs to supplement or complement state and local efforts on each project and include the eligibility requirements and time frame for receiving the federal aid.
Subd. 4.
Environmental impact statement.
The local unit of government, assisted by the project staff engineer, shall make a comprehensive evaluation of the positive and negative environmental effects which would be reasonably likely to take place if the particular proposed project would be constructed.
History:
1990 c 391 art 6 s 21
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.183 — Approved Projects.

103F.183 APPROVED PROJECTS.
Subdivision 1.
Contracts.
When a proposed project is approved to receive a grant, the Board of Water and Soil Resources shall negotiate a contract with the local unit of government involved. The contract shall specify the terms of state and local cooperation, including the financing arrangement for the construction and an agreement on maintenance of the structure after completion.
Subd. 2.
Permits.
Before grant money is spent on construction of the structure, permits required for construction must be obtained from state agencies.
History:
1990 c 391 art 6 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.185 — Interstate Cooperation.

103F.185 INTERSTATE COOPERATION.
The Board of Water and Soil Resources and the staff engineer may enter into a working agreement with the South Dakota-Minnesota Boundary Waters Commission, or successor organization, in regard to flood retention and retarding structures constructed pursuant to sections 103F.171 to 103F.187 that involve territory of the state of South Dakota as well as this state.
History:
1990 c 391 art 6 s 23
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.187 — Report To Legislature.

103F.187 REPORT TO LEGISLATURE.
When the project has been in operation for a period of two years, the Board of Water and Soil Resources and the staff engineer shall prepare and deliver a report to the legislature on the program and its consequences with an evaluation of the feasibility and benefit of continuing the project.
History:
1990 c 391 art 6 s 24
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.201 — Regulatory Purpose Of Shoreland Development.

103F.201 REGULATORY PURPOSE OF SHORELAND DEVELOPMENT.
To promote the policies in section 103A.201 and chapter 116, it is in the interest of the public health, safety, and welfare to:
(1) provide guidance for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters;
(2) preserve the economic and natural environmental values of shorelands; and
(3) provide for the wise use of water and related land resources of the state.
History:
1990 c 391 art 6 s 25
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.205 — Definitions.

103F.205 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.201 to 103F.227.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 3.
Municipality.
"Municipality" means a statutory or home rule charter city.
Subd. 4.
Shoreland.
"Shoreland" means land located within the following distances from the ordinary high water elevation of public waters:
(1) land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and
(2) land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater.
History:
1990 c 391 art 6 s 26; 2002 c 393 s 44; 2006 c 212 art 3 s 6; 2007 c 92 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.211 — Model Standards And Criteria.

103F.211 MODEL STANDARDS AND CRITERIA.
Subdivision 1.
Adoption.
The commissioner shall adopt model standards and criteria for the subdivision, use, and development of shoreland in municipalities and areas outside of a municipality. The standards and criteria must include:
(1) the area of a lot and length of water frontage suitable for a building site;
(2) the placement of structures in relation to shorelines and roads;
(3) the placement and construction of sanitary and waste disposal facilities;
(4) designation of types of land uses;
(5) changes in bottom contours of adjacent public waters;
(6) preservation of natural shorelands through the restriction of land uses;
(7) variances from the minimum standards and criteria; and
(8) for areas outside of a municipality only, a model ordinance.
Subd. 2.
Intergovernmental advice.
The state Departments of Administration, Agriculture, Health, and Employment and Economic Development; the Pollution Control Agency; the Board of Water and Soil Resources; and the Minnesota Historical Society shall provide information and advice necessary to prepare or amend the standards and criteria.
Subd. 3.
Approval of commissioners of health and Pollution Control Agency.
In addition to other requirements of chapter 14, the model standards and ordinance adopted under this section, or amendments to them must not be finally adopted unless approved by the commissioners of health and of the Pollution Control Agency.
Subd. 4.
Removing logs, dead trees, and branches.
The removal of logs and dead trees and branches from the shoreland is exempt from any permit requirements, unless required by a local government unit. Before a person removes logs or dead trees and branches from publicly owned land or land owned by another, the person must obtain permission from the landowner or manager. Public entities are encouraged to allow for the removal of logs and dead trees and branches that present a safety hazard on land managed by the public entity.
History:
1990 c 391 art 6 s 27; 1Sp2003 c 4 s 1; 2012 c 272 s 39; 2022 c 55 art 1 s 20
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.215 — Model Ordinance As County Ordinance.

103F.215 MODEL ORDINANCE AS COUNTY ORDINANCE.
Subdivision 1.
County ordinance failing to meet standards.
The commissioner shall adapt the model ordinance to a county if, after notice and hearing as provided in section 103G.311, the commissioner finds that a county has failed to adopt a shoreland conservation ordinance or that a county has adopted a shoreland conservation ordinance that fails to meet the minimum standards established under section 103F.211.
Subd. 2.
Hearing.
The commissioner shall hold at least one public hearing on the proposed ordinance in the manner provided in section 394.26, after giving notice as provided in section 394.26. The ordinance is effective for the county on the date and in accordance with any rules the commissioner prescribes, by order, relating to compliance.
Subd. 3.
Enforcement.
The ordinance must be enforced as provided in section 394.37. The penalties provided in section 394.37 apply to violations of the commissioner's model ordinance for the county.
Subd. 4.
Commissioner's costs.
The cost incurred by the commissioner in adapting the model ordinance to a county under this section must be paid by the county after the commissioner submits an itemized statement of the costs to the county. If the county fails to pay the costs within 90 days after the commissioner's statement is received, the commissioner may file a copy of the statement of the costs for collection by special tax levy with the county auditor. The county auditor, upon receiving a statement from the commissioner, shall include the amount of the state's claim in the tax levy for general revenue purposes of the county. On completion of the tax settlement following this levy, the county treasurer must pay the amount due to the state to the commissioner for deposit in the state treasury.
History:
1990 c 391 art 6 s 28; 1991 c 199 art 1 s 17; 1995 c 218 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.227 — Shoreland Development; Existing Resorts.

103F.227 SHORELAND DEVELOPMENT; EXISTING RESORTS.
Subdivision 1.
Applicability.
This section applies statewide and preempts local ordinances that are inconsistent with its terms. A county or municipality may by ordinance impose upon resorts reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, safety, and environment.
Subd. 2.
Resort defined.
For purposes of this section, "resort" means a shoreland commercial establishment, existing on or before August 1, 2007, that includes buildings, lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or any part thereof kept, used, maintained, or advertised as or held out to the public to be a place where sleeping accommodations are furnished to the public, primarily to persons seeking recreation, for periods of one day or longer, and having for rent three or more cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be primarily service oriented for transient lodging of guests. All cabins, rooms, dwelling units, camping or recreational vehicle sites, or enclosures must be included in the resort rental business. Resorts must not allow residential use of a dwelling unit or site, except dwellings used as residences for the service providers. To qualify as a resort under this section, a resort must be fully licensed and permitted under appropriate state and local regulations. The entire parcel of land must be controlled and managed by the licensee.
Subd. 3.
Maintenance and replacement.
(a) So long as the establishment continues to operate as a resort, a county or municipality must allow a resort owner to:
(1) maintain structures, including the replacement of aging or outdated components or systems of the structure, while not increasing the structure's footprint on the land; and
(2) replace structures damaged or lost to fire or natural disaster.
(b) Paragraph (a), clause (2), applies only when an application for a building permit is made within 180 days of the damage or loss.
Subd. 4.
Expansion.
A county or municipality must allow a resort owner to increase a structure footprint to minimally meet federal, state, or local dwelling standards or codes. To "minimally meet" the standards or codes means that the replacement structure does not add new architectural elements, such as more bedrooms, that did not exist in the original structure. Structural expansion under this subdivision must not result in a structure that is any larger than required to meet standards or codes or a structure or any portion that is any closer to the shoreline than prior to the expansion.
Subd. 5.
Change in ownership.
A change in ownership of a resort shall not be construed as a conversion to a different use so long as the new owner continues to use the property as a resort.
History:
2007 c 92 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.305 — Scenic River Protection Policy.

103F.305 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.
History:
1990 c 391 art 6 s 31
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.311 — Definitions.

103F.311 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.311 to 103F.345.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 3.
Free-flowing.
"Free-flowing" means existing in natural condition without significant artificial modification such as impoundment, diversion, or straightening. The existence, however, of low dams, diversion works or other minor structures at the time any river is proposed for inclusion does not automatically bar its inclusion as a wild, scenic, or recreational river.
Subd. 4.
Recreational rivers.
"Recreational rivers" are those rivers that may have undergone some impoundment or diversion in the past and may have adjacent lands that are considerably developed, but that are still capable of being managed so as to further the purposes of sections 103F.301 to 103F.345.
Subd. 5.
River.
"River" means a flowing body of water such as a stream or a segment or tributary of a stream and may include lakes through which the river or stream flows.
Subd. 6.
Scenic easement.
"Scenic easement" means an interest in land, less than the fee title, that limits the use of the land to protect the scenic, recreational, or natural characteristics of a wild, scenic, or recreational river area. Unless otherwise expressly and specifically provided by the parties, the easement must be:
(1) perpetually held for the benefit of the people of the state;
(2) specifically enforceable by its holder or any beneficiary;
(3) binding upon the holder of the servient estate, and the holder's heirs, successors, and assigns; and
(4) restricted so as not to give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.
Subd. 7.
Scenic rivers.
"Scenic rivers" are those rivers that exist in a free-flowing state and with adjacent lands that are largely undeveloped.
Subd. 8.
System.
"System" means the state wild and scenic rivers system.
Subd. 9.
Wild rivers.
"Wild rivers" are those rivers that exist in a free-flowing state, with excellent water quality, and with adjacent lands that are essentially primitive.
History:
1990 c 391 art 6 s 32
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.315 — Wild And Scenic Rivers System.

103F.315 WILD AND SCENIC RIVERS SYSTEM.
Subdivision 1.
Eligibility.
An entire river or a segment of a river and adjacent lands in this state that possess outstanding scenic, recreational, natural, historical, scientific, or similar values are eligible for inclusion within the Minnesota wild and scenic rivers system.
Subd. 2.
Classification.
Rivers or segments of rivers included within the system shall be classified as wild, scenic, or recreational.
History:
1990 c 391 art 6 s 33
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.321 — Administration And Rules.

103F.321 ADMINISTRATION AND RULES.
Subdivision 1.
Administration.
The commissioner shall administer the wild and scenic rivers system. The commissioner shall conduct studies, develop criteria for classification and designation of rivers, designate rivers for inclusion within the system, manage the components of the system, and adopt rules to manage and administer the system.
Subd. 2.
Shoreland rules.
(a) The commissioner shall adopt statewide minimum standards and criteria for the preservation and protection of shorelands within the boundaries of wild, scenic, and recreational rivers.
(b) The standards and criteria may include:
(1) the matters covered in the commissioner's standards and criteria for shoreland areas, as provided in sections 103F.201 to 103F.221, except that the distance limitations contained in sections 103F.201 to 103F.221 do not apply to standards and criteria for wild, scenic, and recreational rivers;
(2) furtherance of the purposes of sections 103F.301 to 103F.345 and of the classifications of rivers; and
(3) application to the local governments as specified in sections 103F.201 to 103F.221.
Subd. 3.
Home-based business; conditional use.
A local unit of government may issue a conditional use permit in a wild and scenic river district designated pursuant to sections 103F.301 to 103F.351 to a home-based business that:
(1) is located on property that includes the primary residence of the business owner;
(2) is conducted within the primary residence or residential accessory structure and the residence and accessory structures were constructed prior to May 23, 2009;
(3) does not necessitate creation of additional impervious surface for vehicular parking on the property;
(4) satisfies all other requirements in a conditional use permit issued by the local unit of government; and
(5) satisfies all other state and local requirements applicable to the type of business.
Subd. 4.
Removing logs, dead trees, and branches.
The removal of logs and dead trees and branches from the shoreland is exempt from any permit requirements when the logs or dead trees and branches present safety hazards, unless required by a local government unit. Before a person removes logs or dead trees and branches from publicly owned land or land owned by another, the person must obtain permission from the landowner or manager. Public entities are encouraged to allow for the removal of logs and dead trees and branches that present a safety hazard on land managed by the public entity.
History:
1990 c 391 art 6 s 34; 2009 c 176 art 3 s 5; 2012 c 272 s 40
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.331 — Acquiring And Developing System.

103F.331 ACQUIRING AND DEVELOPING SYSTEM.
Subdivision 1.
Acquisition authority.
To implement the system, the commissioner may acquire the title, scenic easements, or other interests in land, by purchase, grant, gift, devise, exchange, lease, or other lawful means.
Subd. 2.
Developing public areas.
The commissioner may designate and develop appropriate areas of public land along wild, scenic, and recreational rivers as water waysides for facilities compatible with the class of river, including, as appropriate, primitive campsites, picnic sites, portages, water-access sites, sanitation facilities, and interpretive display.
Subd. 3.
State water trails.
(a) The commissioner may mark state water trails along a wild, scenic, or recreational river, consistent with the classification and characteristics of the river, including points of interest, portages, campsites, dams, rapids, waterfalls, whirlpools, and other hazards to navigation.
(b) State water trails, campsites, and portages marked under this subdivision are not subject to the provisions of section 160.06.
Subd. 4.
Additional designation as trout stream.
The commissioner may designate all or a portion of a state wild, scenic, or recreational river that possesses the necessary qualifications as a state trout stream, and make habitat improvement as may be necessary, desirable, and consistent with the classification of the river.
History:
1990 c 391 art 6 s 36; 2010 c 361 art 4 s 82
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.335 — Local Government Compliance.

103F.335 LOCAL GOVERNMENT COMPLIANCE.
Subdivision 1.
Compliant ordinances required.
(a) Within six months after establishment of a wild, scenic, or recreational river system, each local governmental unit with jurisdiction over a portion of the system shall adopt or amend its ordinances and land use district maps to the extent necessary to comply with the standards and criteria of the commissioner and the management plan.
(b) If a local government fails to adopt adequate ordinances, maps, or amendments within six months, the commissioner shall adopt the ordinances, maps, or amendments in the manner and with the effect specified in section 103F.215.
(c) The commissioner shall assist local governments in the preparation, implementation, and enforcement of the ordinances.
Subd. 2.
Local governmental units to implement.
All state, local and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers to implement the purposes of sections 103F.301 to 103F.345 and management plans adopted by the commissioner.
Subd. 3.
Land transfers consistent with system plan.
Land owned by the state and political subdivisions shall be administered in accordance with the management plan, and land owned by governmental bodies within the designated boundaries of a wild, scenic, or recreational river area may not be transferred to any other person or entity if the transfer would be inconsistent with the management plan.
History:
1990 c 391 art 6 s 37
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.341 — Federal-state Relations.

103F.341 FEDERAL-STATE RELATIONS.
Sections 103F.301 to 103F.345 do not preclude a river in the state system from becoming a part of the federal wild and scenic rivers system as established in the Wild and Scenic Rivers Act, Public Law 90-542; United States Code, title 16, section 1271 et seq., as amended. The commissioner is authorized to seek, alone or in conjunction with other governmental authorities, financial and technical assistance from the federal government and to enter into written cooperative agreements for the joint administration of a river in the federal wild and scenic rivers system.
History:
1990 c 391 art 6 s 38
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.345 — Conflict With Other Laws.

103F.345 CONFLICT WITH OTHER LAWS.
A river in the wild and scenic rivers system is subject to the provisions of sections 103F.301 to 103F.345, except that in case of conflict with some other law of this state the more protective provision shall apply.
History:
1990 c 391 art 6 s 39
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.35 — Welch; Goodhue County.

103F.35 WELCH; GOODHUE COUNTY.
Within the unincorporated area of Welch in Section 28, Township 113 North, Range 16 West, Goodhue County, in areas identified by Goodhue County as having mixed uses, mixed uses may be allowed with a conditional use permit if all other requirements of Goodhue County's scenic river ordinance are met.
History:
2018 c 186 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.361 — Findings And Intent.

103F.361 FINDINGS AND INTENT.
Subdivision 1.
Findings.
The legislature finds that:
(1) the Mississippi River from its outlet at Lake Itasca, Clearwater County, to the southerly boundary of Morrison County, Minnesota, possesses outstanding and unique natural, scientific, historical, recreational and cultural values deserving of protection and enhancement;
(2) the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison have entered into a joint powers agreement pursuant to law to develop a plan for the protection and enhancement of the foregoing values; and
(3) the plan adopted by the counties pursuant to the joint powers agreement establishes guidelines and minimum standards for cooperative local management of this segment of the Mississippi River.
Subd. 2.
Legislative intent.
It is the intent of sections 103F.361 to 103F.377 to authorize and direct the board and zoning authorities to implement the plan for the Mississippi headwaters area.
History:
1990 c 391 art 6 s 41; 1992 c 476 s 1; 1Sp2019 c 4 art 3 s 78
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.363 — Applicability.

103F.363 APPLICABILITY.
Subdivision 1.
Generally.
Sections 103F.361 to 103F.377 apply to the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison and all other zoning authorities.
Subd. 2.
Leech Lake Indian Reservation.
Sections 103F.361 to 103F.377 do not alter or expand the zoning jurisdiction of the counties within the exterior boundaries of the Leech Lake Indian Reservation. The plan and the county ordinances adopted pursuant to section 103F.369, subdivision 4, apply only to areas within the zoning jurisdiction of the counties as provided by law in effect prior to May 20, 1981.
History:
1990 c 391 art 6 s 42; 1992 c 476 s 2; 1Sp2019 c 4 art 3 s 79
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.365 — Definitions.

103F.365 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.361 to 103F.377.
Subd. 2.
Board.
"Board" means the Mississippi Headwaters Board established under section 103F.367.
Subd. 3.
Counties.
"Counties" means the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison.
Subd. 4.
Plan.
"Plan" means the comprehensive land use plan approved by the board and dated July 1, 1992.
Subd. 5.
Zoning authority.
"Zoning authority" means counties, organized townships, local and special governmental units, joint powers boards, councils, commissions, boards, districts, and all state agencies and departments wholly or partially within the corridor defined by the plan, excluding statutory or home rule charter cities.
History:
1990 c 391 art 6 s 43; 1992 c 476 s 3; 1Sp2019 c 4 art 3 s 80
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.369 — Plan Implementation.

103F.369 PLAN IMPLEMENTATION.
Subdivision 1.
Implementation required.
The plan shall be implemented by the board as provided in this section and section 103F.373.
Subd. 2.
Minimum standards.
The standards set forth in the plan are the minimum standards which may be adopted by the board and by the counties for the protection and enhancement of the natural, scientific, historical, recreational and cultural values of the Mississippi River and related shoreland areas subject to the plan. Except for forest management, fish and wildlife habitat improvement, a veterans cemetery that complies with subdivision 5, and open space recreational uses as defined in the plan, state or county lands within the boundaries established by the plan may not be offered for public sale or lease. The board with the agreement, expressed by resolution adopted after public hearing, of the county boards of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison Counties may amend the plan in any way that does not reduce the minimum standards set forth in the plan.
Subd. 3.
Implementation schedule.
The board shall develop and establish a schedule for implementation and common administration of the plan by the counties. The schedule shall be binding upon the counties subject to approval by the governing bodies of the respective counties.
Subd. 4.
County land use ordinance consistent with plan.
The counties shall adopt land use ordinances consistent with the plan.
Subd. 5.
Veterans cemetery.
A veterans cemetery may be located within the boundaries established by the plan if a site plan approved by the county zoning authority addresses each of the following items:
(1) the name of the cemetery;
(2) a legal description of the property affected;
(3) names and addresses of applicant, owner, surveyor, and designer of the plan;
(4) graphic scale;
(5) an arrow depicting north on the plan;
(6) date of preparation of the plan;
(7) total acreage of property;
(8) square footage for each proposed site;
(9) existing soil conditions, depth of water table, and topographic contours;
(10) roads and proposed roads showing right-of-way widths;
(11) proposed location and type of on-site sanitary treatment facilities and domestic water supply;
(12) accessory facilities, existing or to be constructed, by type and location;
(13) all streams, creeks, ponds, wetlands, and swamps;
(14) burial only on site with no embalming or other related activities on site;
(15) no placement of graves or accessory facilities within the designated floodplain; and
(16) each burial must be in a vault or an appropriate liner as determined by the board.
History:
1990 c 391 art 6 s 45; 1991 c 158 s 1,2; 1992 c 476 s 5-7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.371 — Responsibilities Of Other Governmental Units.

103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
(a) All local and special governmental units, councils, commissions, boards and districts and all state agencies and departments must exercise their powers so as to further the purposes of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and political subdivisions shall be administered in accordance with the plan. The certification procedure under section 103F.373 applies to all zoning authorities in the corridor defined by the plan.
(b) Actions that comply with the land use ordinance are consistent with the plan. Actions that do not comply with the ordinance may not be started until the board has been notified and given an opportunity to review and comment on the consistency of the action with this section.
History:
1990 c 391 art 6 s 46; 1992 c 476 s 8; 1Sp2019 c 4 art 3 s 81
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.373 — Reviewing And Certifying Land Use Actions.

103F.373 REVIEWING AND CERTIFYING LAND USE ACTIONS.
Subdivision 1.
Purpose.
To ensure that the plan is not nullified by unjustified exceptions in particular cases and to promote uniformity in the treatment of applications for exceptions, a review and certification procedure is established for the following categories of land use actions taken by zoning authorities directly or indirectly affecting land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning of particular tracts of land;
(2) the granting of a variance from provisions of the land use ordinance; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
Subd. 2.
Certification.
Notwithstanding any provision of chapter 394 to the contrary, an action of a type specified in subdivision 1, clauses (1) to (3), is not effective until the board has reviewed the action and certified that it is consistent with the plan. In determining consistency of ordinances and ordinance amendments, the provisions of the plan shall be considered minimum standards. An aggrieved person may appeal a decision of the type specified in subdivision 1, clauses (1) to (3), that is reviewed by the board under this section in the same manner as provided for review of a decision of a board of adjustment in section 394.27, subdivision 9, but only after the procedures prescribed under this section have been completed.
Subd. 3.
Procedure for certification.
A copy of the notices of public hearings or, when a hearing is not required, a copy of the application to consider an action of a type specified in subdivision 1, clauses (1) to (3), must be forwarded to the board by the zoning authority at least 15 days before the hearing or meetings to consider the actions. The zoning authority shall notify the board of its final decision on the proposed action within ten days of the decision. By 30 days after the board receives the notice, the board shall notify the zoning authority and the applicant of the board's approval or disapproval of the proposed action.
Subd. 4.
Disapproval of actions.
(a) If a notice of disapproval is issued by the board, the zoning authority or the applicant may, within 30 days of the notice, file with the board a demand for a hearing. If a demand is not filed within the 30-day period, the disapproval becomes final.
(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days of demand. The hearing must be preceded by two weeks' published notice. Within 30 days after the hearing, the board must:
(1) affirm its disapproval of the proposed action; or
(2) certify approval of the proposed action.
History:
1990 c 391 art 6 s 47; 1992 c 476 s 9,10; 1Sp2019 c 4 art 3 s 82-84
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.375 — Incorporation And Annexation; Moratorium.

103F.375 INCORPORATION AND ANNEXATION; MORATORIUM.
Subdivision 1.
Moratorium on certain activities.
If land subject to the plan is annexed, incorporated, or otherwise subjected to the land use planning authority of a home rule charter or statutory city, a moratorium shall exist on:
(1) all subdivision platting and building permits on the land until zoning regulations are adopted for the land that comply with the provisions of the plan; and
(2) construction, grading and filling, and vegetative cutting as those activities are defined in the plan.
Subd. 2.
Exception for work under prior permits.
This section does not apply to work done pursuant to lawful permits issued before the land became subject to the land use planning authority of the city.
History:
1990 c 391 art 6 s 48; 1992 c 476 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.377 — Biennial Report.

103F.377 BIENNIAL REPORT.
During the first year of each biennial legislative session, the board shall prepare and present to the appropriate policy committees of the legislature a report concerning the actions of the board in exercising the authority granted by the legislature under sections 103F.361 to 103F.377. The report must include an assessment of the effectiveness of the plan and its implementation in protecting and enhancing the natural, scientific, historical, recreational, and cultural values of the Mississippi River and related shorelands situated within the member counties.
History:
1990 c 391 art 6 s 49; 1992 c 476 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.405 — Soil Loss Ordinances.

103F.405 SOIL LOSS ORDINANCES.
Subdivision 1.
Authority.
Each statutory or home rule charter city, town, or county that has planning and zoning authority under Minnesota Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to 462.365 is encouraged to adopt a soil loss ordinance. The soil loss ordinance must use the soil loss tolerance for each soil series described in the United States Natural Resources Conservation Service Field Office Technical Guide, or another method approved by the Board of Water and Soil Resources, to determine the soil loss limits, but the soil loss limits must be attainable by the best practicable soil conservation practice. Ordinances adopted by local governments must be consistent with a comprehensive plan, local water management plan, or watershed management plan developed or amended, adopted, and approved according to chapter 103B, 103C, or 103D.
Subd. 2.
Agents of local governments.
A local government that adopts a soil loss ordinance may enter an agreement with its agent allowing the agent to administer the functions and perform the duties of the local government as provided by sections 103F.401 to 103F.455.
History:
1990 c 391 art 6 s 58; art 10 s 3; 2013 c 143 art 4 s 5; 2023 c 25 s 23
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.411 — Model Ordinance.

103F.411 MODEL ORDINANCE.
Subdivision 1.
Authority.
The Board of Water and Soil Resources, in consultation with counties, soil and water conservation districts, and other appropriate agencies, shall adopt a model ordinance and rules that serve as a guide for local governments to implement sections 103F.401 to 103F.455 and provide administrative procedures for the board for sections 103F.401 to 103F.455.
Subd. 2.
Model ordinance.
The model ordinance must specify the technical and administrative procedures required to control soil loss and erosion. The model ordinance is the minimum regulation to be adopted. The model ordinance must use the soil loss tolerance for each soil series described in the United States Natural Resources Conservation Service Field Office Technical Guide to determine soil loss limits, but the soil loss limits must be attainable by the best practicable soil conservation practice.
Subd. 3.
Periodic review.
At least once every five years the board shall review the rules and model ordinance in cooperation with counties, soil and water conservation districts, and appropriate agencies to ensure their continued applicability and relevance.
History:
1990 c 391 art 6 s 59; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.415 — Excessive Soil Loss Prohibited.

103F.415 EXCESSIVE SOIL LOSS PROHIBITED.
Subdivision 1.
Prohibited activities.
A person may not cause, conduct, contract for, or authorize an activity that causes excessive soil loss.
Subd. 2.
Agricultural land.
A land occupier of agricultural land is not violating subdivision 1 if the occupier is farming by methods that implement the best practicable conservation practices.
Subd. 3.
Woodland.
A land occupier who uses wooded land for pasture must ensure that proper management is used to prevent excessive soil loss due to overgrazing or cattle paths.
History:
1990 c 391 art 6 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.425 — District Court Hearing.

103F.425 DISTRICT COURT HEARING.
Subdivision 1.
Determining proper conservation plan.
If the landowner and the local government do not agree to a mediated settlement or if the landowner has refused mediation, the county attorney may petition the district court for a hearing. The landowner shall have the opportunity to present the landowner's conservation plan and time schedule as an alternative to the local government conservation plan and time schedule. The court shall order the landowner to implement the conservation plan and time schedule that is the least burdensome to the landowner and will reduce soil loss to at least the soil loss limit. The court may amend the local government's or landowner's conservation plan and time schedule, or develop a new conservation plan and time schedule. The court shall set times to implement, make satisfactory progress, and complete the conservation plan.
Subd. 2.
Cost-sharing funds.
(a) If the court orders implementation of the landowner's conservation plan and time schedule, or amends the conservation plan and time schedule, or if the court develops a new conservation plan and time schedule, the landowner is eligible to apply for 75 percent cost-share funds for permanent conservation practices. The landowner must apply for the cost share within 90 days after the court order. If the landowner does not apply within 90 days for the cost-sharing funds the cost share is reduced to 50 percent. The court shall establish a time after which the landowner is no longer eligible for cost-sharing funds if an application is not made.
(b) If the court orders a plan and time schedule developed by the district in its report, the landowner is eligible for 50 percent cost share if the landowner applies within 90 days after the court order.
History:
1990 c 391 art 6 s 62
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.431 — Soil And Water Conservation Assistance.

103F.431 SOIL AND WATER CONSERVATION ASSISTANCE.
A landowner who has filed a mediated settlement under section 103F.421 or who has received a court order under section 103F.425 may request the soil and water conservation district to assist in the planning, design, and application of practices necessary to reduce soil loss to the applicable soil loss limit amounts or to the greatest practical extent. The soil and water conservation district must give the landowner a high priority for technical and cost-sharing assistance.
History:
1990 c 391 art 6 s 63
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.435 — Attorney And Local Government May Perform Duty Of County.

103F.435 ATTORNEY AND LOCAL GOVERNMENT MAY PERFORM DUTY OF COUNTY.
The city attorney or town attorney may perform the duties of a county attorney. A city or town may perform the duties of a local government only if the city or town adopts a soil loss ordinance and the land specified in the complaint is located within the city or town.
History:
1990 c 391 art 6 s 64