2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.601 — Project Initiated By Managers.

103D.601 PROJECT INITIATED BY MANAGERS.
Subdivision 1.
Requirements.
(a) The managers may initiate a project by resolution of at least a majority of the managers if:
(1) the project is financed by grants totaling at least 50 percent of the estimated project cost; and
(2) the engineer's estimate of costs to parties affected by the watershed district, including assessments against benefited properties but excluding state, federal, or other grants, is not more than $750,000 for the project.
(b) A resolution under this subdivision may not be used to establish a project that has drainage as its essential nature and purpose.
Subd. 2.
Preliminary resolution hearing notice.
(a) The managers must set the time and location for a preliminary resolution hearing on the proposed resolution for the project.
(b) The managers must give notice of the preliminary resolution hearing by publication in a legal newspaper published in the counties affected by the watershed district. The last publication must occur at least ten days before the preliminary resolution hearing.
(c) The preliminary resolution hearing notice must contain:
(1) the date, time, and place of hearing;
(2) the substance of the proposed project resolution;
(3) the means of financing the project; and
(4) a statement that all persons who might be affected by the proposed project or who may be interested in the proposed project may appear and be heard.
(d) Defects in the notice do not invalidate the proceedings.
Subd. 3.
Preliminary report and information.
(a) The managers must have the watershed district engineer or another competent person prepare a preliminary report advising the managers whether the proposed project is feasible and estimating the cost of the project. An error or omission in the preliminary report does not invalidate the proceeding.
(b) The managers may have other helpful information prepared that will aid in determining the desirability and feasibility of the project.
Subd. 4.
Unfavorable preliminary report.
If the preliminary report is unfavorable, the managers must set a time and location for a hearing in the manner provided for the preliminary resolution. After the hearing, the project may be referred back to the watershed district engineer or another competent person for further study and report, or the managers may dismiss the proceeding.
Subd. 5.
Final resolution.
If, after the hearing, the managers determine that the proposed project promotes the public interest and welfare and is practicable and in conformity with the watershed management plan of the watershed district, the managers must adopt a final resolution approving the project and identify the proceeding by name and number.
Subd. 6.
Further procedure.
(a) When a final resolution is adopted, the proceeding must continue as provided for a project initiated by a petition.
(b) After the managers file a statement listing the property benefited, damaged, or otherwise affected by a project with the auditors of counties affected by the project, the proceedings for the project must continue under section 103D.901.
History:
1990 c 391 art 4 s 44