Soil and Water Conservation Districts (Minnesota Statutes: Chapter 103C)

CHAPTER 103C​ SOIL AND WATER CONSERVATION DISTRICTS​ GENERAL PROVISIONS​ EFFECT OF CHAPTER 103C ON WATER LAW.​103C.001​ SOIL AND WATER CONSERVATION POLICY.​103C.005​ CITATION.​103C.009​ DEFINITIONS.​103C.101​ SOIL AND WATER CONSERVATION DISTRICTS​ FORMING SOIL AND WATER CONSERVATION​ DISTRICTS.​ 103C.201​ ANNEXING ADDITIONAL AREA.​103C.205​ CONSOLIDATING DISTRICTS.​103C.211​ CHANGING NAME.​103C.215​ CHANGING LOCATION OF PRINCIPAL OFFICE.​103C.221​ TERMINATING DISTRICTS.​103C.225​ COOPERATION BETWEEN DISTRICTS AND OTHER​ PUBLIC AGENCIES.​ 103C.231​ STATE AGENCIES TO COOPERATE.​103C.235​ DISTRICT BOARDS​ GENERAL ELECTION OF SUPERVISORS.​103C.305​ SUPERVISOR DISTRICTS.​103C.311​ SUPERVISORS.​103C.315​ OFFICERS AND EMPLOYEES.​103C.321​ RECORDS; AUDIT; INFORMATION TO STATE​ BOARD.​ 103C.325​ POWERS OF DISTRICT BOARDS.​103C.331​ TECHNICAL AND ADMINISTRATIVE ASSISTANCE​ TO DISTRICTS.​ 103C.335​ DUTIES OF STATE BOARD​ BOARD OF WATER AND SOIL RESOURCES.​103C.401​ PROGRAM PLAN.​103C.405​ COST-SHARING CONTRACTS​ COST-SHARING CONSERVATION CONTRACTS​ FOR EROSION CONTROL AND WATER​ MANAGEMENT.​ 103C.501​ WORKS OF IMPROVEMENT​ WORKS OF IMPROVEMENT.​103C.601​ COUNTY DETERMINATION OF PROJECT.​103C.605​ PROJECT WITHOUT ASSESSMENTS.​103C.611​ ACTION ON PROJECT WITH ASSESSMENTS.​103C.615​ PROJECT BONDS.​103C.621​ STATUS OF DISCONTINUED PROJECT.​103C.625​ REPAIR.​103C.631​ APPEALS.​103C.635​ GENERAL PROVISIONS​ 103C.001 EFFECT OF CHAPTER 103C ON WATER LAW.​ This chapter and chapters 103A, 103B, 103D, 103E, 103F, and 103G constitute the water law of this​ state and may be cited as the "Water Law."​ History: 1990 c 391 art 3 s 1​ 103C.005 SOIL AND WATER CONSERVATION POLICY.​ Maintaining and enhancing the quality of soil and water for the environmental and economic benefits​ they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute​ greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land​ occupiers have the responsibility to implement practices that conserve the soil and water resources of the​ state. Soil and water conservation measures implemented on private lands in this state provide benefits to​ the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by​ floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil,​ water, and the natural resources they support through the implementation of practices that:​ (1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural​ resources;​ (2) ensure continued soil productivity;​ (3) protect water quality;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.005​MINNESOTA STATUTES 2018​1​ (4) prevent impairment of dams and reservoirs;​ (5) reduce damages caused by floods;​ (6) preserve wildlife;​ (7) protect the tax base; and​ (8) protect public lands and waters.​ History: 1990 c 391 art 3 s 2; 2003 c 104 s 2​ 103C.009 CITATION.​ This chapter may be cited as the "Soil and Water Conservation District Law."​ History: 1990 c 391 art 3 s 3​ 103C.101 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to this chapter.​ Subd. 2. Appropriate agencies. "Appropriate agencies" means local, state, or federal agencies that​ possess expertise, involvement, or authority concerning the use and development of land and water resources,​ but does not include districts or the state board.​ Subd. 3. District. "District" means a soil and water conservation district.​ Subd. 4. District board. "District board" means the board of supervisors of a soil and water conservation​ district.​ Subd. 5. Due notice. "Due notice" means notice published at least twice, with an interval of at least​ seven days between the two publication dates, in a legal newspaper, and by posting at three conspicuous​ places within an appropriate area. Posting must include, if possible, posting at public places where it is​ customary to post notices concerning county or municipal affairs. A hearing held pursuant to a notice at the​ time and place designated in the notice may be adjourned, from time to time, without renewing the notice​ for the adjourned dates.​ Subd. 6. Federal. "Federal" means the United States, the Natural Resources Conservation Service of​ the United States Department of Agriculture, and agencies or instrumentalities, corporate or otherwise, of​ the United States.​ Subd. 7. Government. "Government" means the state or the United States, or an agency or instrumentality​ of the state or the United States.​ Subd. 8. Land occupier. "Land occupier" means a person, corporation, or legal entity that holds title​ to or is in possession of land within a district as an owner, lessee, tenant, or otherwise.​ Subd. 9. Nominating petition. "Nominating petition" means a petition filed under section 103C.305,​ subdivision 2, to nominate candidates for the office of supervisor.​ Subd. 9a. Resident owner. "Resident owner" has the meaning given in section 103D.011, subdivision​ 25.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103C.005​ Subd. 10. Soil and water conservation district. "Soil and water conservation district" means a​ governmental subdivision organized under this chapter.​ Subd. 10a. Soil health. "Soil health" means the continued capacity of soil to function as a vital living​ system that sustains plants, animals, and humans. Indicators of soil health include water infiltration capacity;​ organic matter content; water holding capacity; biological capacity to break down plant residue and other​ substances and to maintain soil aggregation; nutrient sequestration and cycling capacity; carbon sequestration;​ and soil resistance.​ Subd. 11. State agency. "State agency" means a political subdivision, agency, or instrumentality,​ corporate or otherwise, of the state.​ Subd. 12. State board. "State board" means the Board of Water and Soil Resources.​ Subd. 13. Supervisor. "Supervisor" means a member of a district board.​ Subd. 14. Watershed project. "Watershed project" means a project that is approved and authorized to​ be carried out by the district in a watershed area in accordance with a watershed work plan.​ Subd. 15. Watershed work plan. "Watershed work plan" means a plan for constructing works of​ improvement in a watershed area, including structural and land treatment measures for flood prevention or​ the conservation, development, utilization, and disposal of water that is developed by the district, with or​ without federal assistance.​ History: 1990 c 391 art 3 s 4; 2003 c 104 s 3-5; 1Sp2015 c 2 art 2 s 13​ SOIL AND WATER CONSERVATION DISTRICTS​ 103C.201 FORMING SOIL AND WATER CONSERVATION DISTRICTS.​ Subdivision 1. Petition. (a) A petition must be signed by at least 50 resident owners in an area proposed​ to be organized into a district and filed with the state board requesting that a soil and water conservation​ district be organized to function in the area described in the petition. The petition must state:​ (1) the proposed name of the district;​ (2) that there is need, in the interest of the public health, safety, and welfare, for a district in the described​ area;​ (3) a description of the area proposed to be organized as a district, which need not be by metes and​ bounds or legal subdivision, but may be by general description that identifies the area;​ (4) a request that the state board define the boundaries for the district;​ (5) a request for a referendum to be held in the defined territory on the question of the creation of a​ district in the territory; and​ (6) a request by the state board to determine that a district be established.​ (b) If more than one petition is filed covering parts of the same area, the state board may consolidate​ the petitions.​ Subd. 2. Hearings. (a) By 30 days after a petition has been filed with the state board, the state board​ may give due notice of a proposed hearing, to be held by the state board or a designated agent, on:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.201​MINNESOTA STATUTES 2018​3​ (1) the question of the desirability and necessity, in the interest of the public health, safety, and welfare,​ for the establishment of a district;​ (2) the appropriate boundaries of the district;​ (3) the propriety of the petition and other proceedings taken under this section; and​ (4) other questions relevant to clauses (1), (2), and (3).​ (b) Residents in the area described in the petition and in the area considered for addition to the described​ area and other interested parties may attend the hearing and be heard. If after a hearing, the state board​ determines it may be desirable to include in the proposed district area outside the area where notice of the​ hearing was given, the hearing must be adjourned and due notice of the continued hearing must be given​ throughout the entire area considered for inclusion in the district, and the continued hearing held.​ Subd. 3. Considerations for district establishment. (a) After the hearing is complete, if the state board​ determines, on the information presented at the hearing and other relevant information, that there is a need,​ in the interest of the public health, safety, and welfare, for a district to function in the area considered at the​ hearing, the state board shall make and record the determination and define the district boundaries by metes​ and bounds or by legal subdivisions. In making the determination and in defining the boundaries, the state​ board shall consider the public policy in section 103A.206, and:​ (1) the topography of the area considered and of the state;​ (2) the composition of its soils;​ (3) the distribution of erosion;​ (4) the prevailing land use practices;​ (5) the desirability and necessity of including within the boundaries the particular lands under​ consideration;​ (6) the benefits the lands may receive from being included;​ (7) the relation of the proposed area to existing watersheds and agricultural regions and other soil and​ water conservation districts organized or proposed for organization; and​ (8) other relevant physical, geographical, and economic factors.​ (b) The area included in a district need not be contiguous.​ Subd. 4. Denial of petition. (a) If the state board determines, after the hearing and consideration of the​ information, that there is not a need for a district to function in the area, the state board must make and record​ the determination and deny the petition.​ (b) Subsequent petitions to establish a district in substantially the same area may not be filed until six​ months after the date of the denial of a petition.​ Subd. 5. Referendum for district establishment. (a) After the state board has made and recorded a​ determination that there is a need for a district in a particular area and has defined the boundaries, the state​ board shall consider whether the operation of a district within the boundaries is administratively feasible.​ To assist the state board to determine the feasibility, the state board shall schedule the referendum at the​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103C.201​ next general election and shall cooperate with county election officials to accomplish the election in the​ most expedient manner.​ (b) The question shall be submitted by ballots with:​ (1) the words printed "For creation of a soil and water conservation district of the lands described below​ in the county (or counties) of ........... and .........." and "Against establishment of a soil and water conservation​ district of the lands described below in the county (or counties) of ........ and ........";​ (2) a square before each proposition and a direction to insert an X mark in the square before one​ proposition or the other as the voter may favor or oppose establishment of the district; and​ (3) the boundaries of the proposed district.​ (c) Only eligible voters residing within the boundaries of the proposed district may vote in the referendum.​ Subd. 6. Hearing and referendum. The state board shall pay the expenses for the notices and the​ conduct of the hearing. The state board shall schedule the referendum at the next general election and shall​ cooperate with county election officials to accomplish the election in the most expedient manner. Informalities​ in the conduct of a referendum or in a matter related to it do not invalidate the referendum or its result if​ notice of it has been given substantially as provided by this section and the referendum has been fairly​ conducted.​ Subd. 7. Determination after referendum. (a) The state board shall publish the result of the referendum​ and then determine whether the operation of a district in the defined boundaries is administratively feasible.​ In making the determination, the state board must consider the policy in section 103A.206, and:​ (1) the attitudes of the land occupiers in the defined boundaries;​ (2) the number of eligible voters who voted in the referendum;​ (3) the proportion of the votes cast in the referendum in favor of establishing the district to the total​ number of votes cast;​ (4) the approximate wealth and income of the land occupiers of the proposed district;​ (5) the probable expense of carrying on erosion-control operations and related water quality improvements​ within the district; and​ (6) other relevant economic and social factors. The state board may not determine that the operation of​ the proposed district within the defined boundaries is administratively feasible unless a majority of the votes​ cast in the referendum on establishment of the district have been cast in favor of establishing the district.​ (b) If the state board determines that the operation of the district is not administratively feasible, the​ state board shall record the determination and deny the petition. Six months after the date of entry of a​ determination by the state board that operation of a proposed district is not administratively feasible, a new​ petition may be filed and a new proceeding started.​ (c) If the state board determines that the operation of the district is administratively feasible, it shall​ record the determination and proceed with the establishment and organization of the district.​ Subd. 8. Application by supervisors to secretary of state. (a) The district shall be a governmental​ subdivision of this state and a public body corporate and politic after the actions in this subdivision are taken.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.201​MINNESOTA STATUTES 2018​5​ (b) If the state board determines that the operation of the proposed district within the defined boundaries​ is administratively feasible, the state board must appoint supervisors to act as the district board within 30​ days after the district is established. A majority of the supervisors' terms must expire after the next general​ election following their appointments and the remaining supervisors' terms expire after the second general​ election following their appointments.​ (c) The appointed supervisors shall sign and present an application to the secretary of state with the​ following recitals:​ (1) a petition for the establishment of a district was filed with the state board;​ (2) the proper proceedings were taken relating to the petition;​ (3) the application is being filed to complete the organization of the district as a governmental subdivision​ and a public body, corporate or politic;​ (4) the state board has appointed the signers as supervisors;​ (5) the name and official residence of each supervisor, with a certified copy of the supervisor's​ appointment;​ (6) the term of office of each supervisor;​ (7) the name proposed for the district; and​ (8) the location of the principal office of the district board.​ (d) The application shall be subscribed and sworn to by each supervisor before an officer authorized by​ state law to take oaths. The officer shall certify upon the application that the officer has personal knowledge​ of the supervisors, that they are the supervisors named in the application, and that each supervisor has signed​ the application in the officer's presence.​ Subd. 9. Certified statement of state board. (a) The application shall be accompanied by a certified​ statement of recitals by the state board, that:​ (1) a petition was filed, notice issued, and hearing held;​ (2) the state board determined that there is need, in the interest of the public health, safety, and welfare,​ for a district to function in the proposed area;​ (3) the state board defined the district's boundaries;​ (4) notice was given and a referendum held on the question of establishing a district;​ (5) a majority of the votes cast in the referendum were in favor of establishing a district; and​ (6) after the referendum the state board determined that the operation of the proposed district is​ administratively feasible.​ (b) The certified statement shall prescribe the boundaries of the district as defined by the state board.​ Subd. 10. Secretary of state's certificate. (a) The secretary of state shall examine the application of​ the supervisors and certified statement of the state board and, on finding that the name proposed for the​ district is not identical to the name of another district in the state, and is not so similar as to lead to confusion​ or uncertainty, the secretary of state shall receive, file, and record the application and statement.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103C.201​ (b) If the secretary of state finds that the name proposed for the district is identical with the name of​ another district, or so similar as to lead to confusion and uncertainty, the secretary of state shall certify the​ fact to the state board. The state board shall submit to the secretary of state a new name for the district that​ does not have the defect. Upon receipt of a new name, free of defect, the secretary of state shall record the​ application and statement, with the new name.​ (c) After the application and statement have been made, filed, and recorded, the district is a governmental​ subdivision of the state.​ (d) The secretary of state shall issue to the supervisors a certificate, under the seal of the state, of the​ organization of the district and record the certificate with the application and statement.​ (e) The boundaries of the district consist of the area determined by the state board but may not include​ area in another district. The area of a home rule charter or statutory city within the boundaries of a district​ is included in the district. If there is a question of whether an area is within or outside of a district, the state​ board shall determine whether the area of a city is included.​ Subd. 11. Certificate of organization as evidence. In a suit, action, or proceeding involving the validity​ of, enforcement of, or relating to, a contract, proceeding, or action of a district, the district is considered to​ have been established in accordance with this section upon proof of the issuance of the certificate by the​ secretary of state. A copy of the certificate, certified by the secretary of state, is admissible in evidence in​ the suit, action, or proceeding and is proof of its filing and contents.​ History: 1990 c 391 art 3 s 5; 2003 c 104 s 6-11​ 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.​ History: 1990 c 391 art 3 s 6; 2003 c 104 s 12​ 103C.211 CONSOLIDATING DISTRICTS.​ (a) One or more districts may petition the state board for a consolidation. The state board shall take​ action on the petition if signed by a majority of the supervisors of each of the affected districts.​ (b) The petition must:​ (1) describe with particularity the change requested, the territory affected, and the reasons for the change;​ (2) illustrate that the change is consistent with the purpose and requirements of sections 103C.201 to​ 103C.335;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.211​MINNESOTA STATUTES 2018​7​ (3) identify the proposed name for the consolidated district;​ (4) identify the location of the principal office of the consolidated district;​ (5) identify potential changes to supervisor districts;​ (6) identify changes in supervisors that would result from the proposed consolidation;​ (7) provide a list of nominees for vacant supervisor positions; and​ (8) be accompanied by resolutions of support signed by each district board affected by the change.​ (c) Upon the filing of a valid petition, the state board shall give notice that the petition has been filed.​ The notice must:​ (1) be made by publication in a legal newspaper in each county affected by the petition;​ (2) be made by mail to the auditor of each county affected by the petition;​ (3) describe the actions proposed by the petition;​ (4) invite written comments on the petition for the consideration by the state board;​ (5) state that a person who objects to the actions proposed in the petition may submit a written request​ for hearing to the state board within 30 days of the last publication of the notice under this paragraph. The​ request must contain 25 or more signatures from resident owners residing in the affected districts; and​ (6) state that if a timely request for hearing is not received, the state board may make a decision on the​ petition at a future meeting of the state board.​ (d) If one or more timely requests for hearing are received, the state board must hold a hearing on the​ petition.​ (e) The state board must establish the proposed consolidation, by order, if the board determines the​ consolidation promotes public health and welfare and the proposed consolidation would advance the purposes​ of this chapter.​ (f) When districts are consolidated, the corporate existence and terms of office of the officers of the old​ districts expire upon the issuance and recording by the secretary of state of a certificate of organization of​ the new district. Upon consolidation, the rights, assets, and liabilities of the consolidating districts shall be​ assumed by the consolidated district.​ (g) If nomination districts are changed, the state board shall appoint supervisors to fill vacancies resulting​ from the consolidation within 30 days after the action is taken. A majority of the supervisors' terms must​ expire after the next general election following their appointments and the remaining supervisors' terms​ must expire after the second general election following their appointments.​ (h) No sooner than two years after the date of consolidation, the affected districts may petition the state​ board to have the action reversed through the same procedure outlined in paragraphs (a) to (f). When a​ consolidation is reversed, the state board shall order the appointments and distribution or transfer of assets​ and liabilities.​ History: 1990 c 391 art 3 s 7; 2003 c 104 s 13; 2014 c 248 s 7​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103C.211​ 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.​ History: 1990 c 391 art 3 s 8​ 103C.221 CHANGING LOCATION OF PRINCIPAL OFFICE.​ The location of the principal office of the district board may be changed with the approval of the state​ board after the adoption of a resolution by a majority of the district board stating the new location and by​ filing a certified copy of the resolution with the secretary of state.​ History: 1990 c 391 art 3 s 9​ 103C.225 TERMINATING DISTRICTS.​ Subdivision 1. Petition for termination. (a) Five years after the organization of a district, a district​ board may, by resolution adopted by a majority of the board, or resident owners may, by a petition filed​ with the state board, ask that the operations and existence of the district be terminated. The resident owner​ petition must be signed by the lesser of:​ (1) at least one percent of the resident owners within the district; or​ (2) 500 resident owners within the district.​ (b) The state board may not receive a petition, conduct a referendum, or make a determination on a​ petition to discontinue a district more often than once in two years.​ Subd. 2. Hearings. The state board may conduct public meetings and public hearings upon the petition​ as necessary to assist in consideration of the petition.​ Subd. 3. Referendum. (a) Upon receipt of a petition, the state board shall provide written notice to the​ secretary of state and the county auditor of each county in which the district is located no later than 74 days​ before the state general election. The notice must include the date of the election and the title and text of the​ question to be placed on the ballot. Prior to the referendum, the state board shall facilitate the preparation​ of a plan to continue the administration of the powers, duties, and responsibilities of the district, including​ the functions of the district board.​ (b) The question shall appear on the ballot in the following form: "Shall the .................. (name of the​ soil and water conservation district to be here inserted) be terminated?".​ (c) Only eligible voters in the district may vote in the referendum.​ (d) Informalities in the conduct of the referendum or matters relating to the referendum do not invalidate​ the referendum, or result of the referendum, if due notice has been given and the referendum has been fairly​ conducted.​ (e) The state board shall publish the result of the referendum.​ Subd. 4. Determination by state board. (a) The state board shall determine whether the continued​ operation of the district board is administratively feasible and give consideration to the public policy under​ section 103A.206, and:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.225​MINNESOTA STATUTES 2018​9​ (1) the attitudes of land occupiers within the district;​ (2) the number of eligible voters who voted in the referendum;​ (3) the proportion of the votes cast in the referendum in favor of the discontinuance of the district to the​ total number of votes cast;​ (4) the approximate wealth and income of the land occupiers of the district;​ (5) the probable expense of carrying on erosion-control operations and related water quality improvements​ within the district;​ (6) the plan to continue the powers, duties, and responsibilities of the district board; and​ (7) other economic and social factors relevant to the determination.​ (b) If the state board determines that the continued operation of the district is administratively feasible,​ the state shall record the determination and deny the petition.​ (c) If the state board determines that the continued operation of the district is not administratively feasible,​ the state board shall record the determination and certify the determination to the district board. The state​ board may determine that the continued operation of the district is not administratively feasible only when​ at least a majority of the votes cast in the referendum have been cast in opposition to continuance and a​ satisfactory plan to continue the powers, duties, and responsibilities of the district board is completed.​ Subd. 5. Terminating district affairs. Upon receipt from the state board of a certification that the state​ board has determined that the continued operation of the district is not administratively feasible, the district​ board shall promptly terminate the affairs of the district. The district board shall dispose of all property​ belonging to the district at public auction and pay the proceeds into the state treasury.​ Subd. 6. Application to secretary of state. The district board shall then file a verified application with​ the secretary of state to discontinue the district with the certificate of the state board setting forth its​ determination that the continued operation of the district is not administratively feasible. The application​ shall recite that the property of the district has been disposed of and the proceeds paid as provided in this​ section, and set forth a full accounting of the property and proceeds.​ Subd. 7. Certificate of dissolution. The secretary of state shall issue to the district board a certificate​ of dissolution and record the certificate in the secretary of state's office.​ Subd. 8. Effect of dissolution. Upon issuance of the certificate of dissolution, the ordinances and​ regulations in force in the district are of no further force. All contracts entered into, to which the district or​ district board were parties, shall remain in force and effect for the period provided in the contracts. The state​ board shall be substituted for the district or district board as party to the contracts and succeed to the district's​ rights and duties. The state board may delegate the district's rights and duties to a local government unit, as​ identified in the plan developed under subdivision 3.​ History: 1990 c 391 art 3 s 10; 2003 c 104 s 14-17; 2013 c 131 art 2 s 3​ 103C.231 COOPERATION BETWEEN DISTRICTS AND OTHER PUBLIC AGENCIES.​ Subdivision 1. Cooperation with other 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 10​MINNESOTA STATUTES 2018​103C.225​ (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.​ Subd. 2. Cooperation among districts. (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.​ History: 1990 c 391 art 3 s 11​ 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.​ History: 1990 c 391 art 3 s 12​ 103C.301 [Repealed, 2003 c 104 s 32]​ DISTRICT BOARDS​ 103C.305 GENERAL ELECTION OF SUPERVISORS.​ Subdivision 1. Time for election. Elections must be held at the state general election specified in section​ 204D.03, subdivision 2. A primary may not be held.​ Subd. 2. Filing for office; affidavit of candidacy. A candidate for the office of supervisor shall file an​ affidavit of candidacy with the county auditor of the county in which the district office is located during the​ period provided for filing affidavits of candidacy for county offices in section 204B.09, subdivision 1. The​ county auditor accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates​ for supervisor to the auditor of any other county in which the office is voted on.​ Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of candidates shall be​ placed on the state general election ballot. The office title printed on the ballot must be either "Soil and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.305​MINNESOTA STATUTES 2018​11​ Water Conservation District Supervisor" or "Conservation District Supervisor," based upon the district from​ which the supervisor is to be elected.​ Subd. 4. Election. Laws relating to elections for county office shall govern to the extent that they are​ consistent with this section and section 103C.311. The county auditor shall certify the result to the state​ board. If the district includes land in more than one county, the county auditor shall immediately certify to​ the state board the vote, as shown by the report of the county canvassing board, for candidates voted for in​ more than one county. In the latter case, the state board shall certify and publish the result.​ Subd. 5. Election within areas governed by Indian tribes. In a district where a supervisor nomination​ district is entirely within lands of an American Indian tribe or band to which county election laws do not​ apply, a supervisor to represent the district shall be elected or appointed as provided by the governing body​ of the tribe or band.​ Subd. 6. Vacancy. (a) If a vacancy occurs in the office of an elected supervisor more than 56 days before​ the next state primary, the district board shall fill the vacancy by appointment. The supervisor appointed​ shall hold office until the first Monday in January following the next general election. A successor shall be​ elected at the general election following the appointment and hold office for the remainder of the term or​ for the next regular term, whichever is appropriate.​ (b) If a vacancy occurs less than 56 days before the next state primary, the district board shall fill the​ vacancy by appointment. The appointed supervisor shall hold office until the expiration of the term or until​ the first Monday in January following the second succeeding general election, whichever is shorter. A​ successor shall be elected at the general election preceding expiration of the appointed term and hold office​ for the remainder of the term or for the next regular term, whichever is appropriate.​ (c) All terms under this subdivision continue until a successor has been elected and has qualified.​ History: 1990 c 391 art 3 s 14; 1994 c 646 s 1; 1997 c 173 s 3; 2000 c 467 s 2; 2003 c 104 s 18; 2008​ c 244 art 2 s 1; 2013 c 131 art 2 s 4​ 103C.311 SUPERVISOR DISTRICTS.​ Subdivision 1. Supervisors elected at large. (a) The district board shall, with the approval of the state​ board, divide a district into supervisor districts for purposes of nomination for election. At each election​ after the division, one or more supervisors shall be nominated from each supervisor district. A supervisor​ must be a resident of the supervisor district to be elected.​ (b) If the boundary of a soil and water conservation district has been substantially changed by a division​ of the district, the district shall be divided into supervisor districts for nomination purposes.​ (c) Except for consolidation under section 103C.211, this subdivision does not disqualify a supervisor​ during the term for which the supervisor was elected or nominated for election. Supervisors nominated from​ the supervisor districts shall be included on the ballot for election from the entire area included in the soil​ and water conservation district.​ (d) A certified copy of the minutes or the resolution of the supervisors establishing supervisor districts​ must be promptly filed by the chair of the district board with the county auditor of the counties where the​ district is located and with the state board.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 12​MINNESOTA STATUTES 2018​103C.305​ Subd. 2. Supervisors elected by districts. (a) A district board in the seven-county metropolitan area​ shall by resolution provide that supervisors will be elected by supervisor districts as provided in this​ subdivision.​ (b) A district board outside of the seven-county metropolitan area, with the approval of the state board,​ may by resolution provide that supervisors will be elected by supervisor districts as provided in this​ subdivision.​ (c) The supervisor districts must be composed of precincts established by county and municipal governing​ bodies under section 204B.14. The districts must be compact, include only contiguous territory, and be​ substantially equal in population. The districts must be numbered in a regular series. The districts must be​ drawn by the county board of the county containing the largest area of the soil and water conservation district,​ in consultation with the district board and with the approval of the state board. The boundaries of the districts​ must be redrawn after each decennial federal census as provided in section 204B.135. A certified copy of​ the resolution establishing supervisor districts must be filed by the chair of the district board with the county​ auditor of the counties where the soil and water conservation district is located, with the state board, and​ with the secretary of state, and the filings must occur within 80 days of the time when the legislature has​ been redistricted or at least 15 weeks before the state primary election in a year ending in two, whichever​ comes first.​ (d) Each supervisor district is entitled to elect one supervisor. A supervisor must be a resident of the​ district from which elected.​ (e) The district board shall provide staggered terms for supervisors elected by district. After each​ redistricting, there shall be a new election of supervisors in all the districts at the next general election, except​ that if the change made in the boundaries of a district is less than five percent of the average population of​ all the districts, the supervisor in office at the time of the redistricting shall serve for the full term for which​ elected. The district board shall determine by lot the seats to be filled for a two-year term, a four-year term,​ and a six-year term.​ History: 1990 c 391 art 3 s 15; 1997 c 130 s 1; 1997 c 173 s 4; 1Sp2001 c 10 art 18 s 3; 2003 c 104 s​ 19,20; 2013 c 131 art 2 s 5; 2014 c 248 s 8; 2014 c 264 s 2​ 103C.315 SUPERVISORS.​ Subdivision 1. Members. (a) Except as provided in paragraph (c), the district board shall consist of five​ supervisors, elected or appointed as provided in sections 103C.201, subdivision 8, and 103C.305.​ (b) Supervisors must be eligible voters residing in the district.​ (c) In counties where the county board consists of seven members and districts have been divided into​ supervisor districts, under section 103C.311, subdivision 2, the county board may establish seven supervisor​ districts, elected or appointed as provided in sections 103C.201, subdivision 8; 103C.305; and 103C.311,​ subdivision 2.​ Subd. 2. Terms. The supervisors appointed by the state board upon the establishment of a district serve​ terms ending as provided in section 103C.201, subdivision 8. Their successors shall be elected for terms of​ four years commencing on the first Monday in January and until a successor is elected or appointed and has​ qualified. Vacancies in the office of supervisor appointed by the state board shall be filled by the state board.​ Subd. 3. Quorum. A majority of the supervisors is a quorum and the concurrence of a majority in any​ matter is required for its determination except as otherwise expressly provided.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.315​MINNESOTA STATUTES 2018​13​ Subd. 4. Compensation. A supervisor shall receive compensation for services up to $75 per day, and​ may be reimbursed for expenses, including traveling expenses, necessarily incurred in the discharge of​ duties. A supervisor may be reimbursed for the use of the supervisor's own automobile in the performance​ of official duties at a rate up to the maximum tax-deductible mileage rate permitted under the federal Internal​ Revenue Code.​ Subd. 5. Removing supervisor. A supervisor may be removed from office in accordance with the​ procedures under sections 351.14 to 351.23 for malfeasance or nonfeasance in office, but for no other reason.​ Subd. 6. Compatible offices. The office of soil and water conservation district supervisor and the offices​ of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule charter city of not more than​ 2,500 population contained in whole or in part in the soil and water conservation district are compatible​ offices and one person may hold both offices. The office of soil and water conservation district supervisor​ and the office of town clerk or town supervisor in a town of not more than 2,500 population contained in​ whole or in part in the soil and water conservation district are compatible offices and one person may hold​ both offices. A person holding both offices shall refrain from voting or taking any other formal action on​ any matter coming before the soil and water conservation district board or the city council or town board​ that has a substantial effect on both the soil and water conservation district and the city or town. This​ subdivision does not apply to an office located in whole or in part in Anoka, Hennepin, Ramsey, or​ Washington County.​ History: 1990 c 391 art 3 s 16; 1995 c 222 s 1; 1997 c 173 s 5; 1998 c 401 s 35; 2000 c 467 s 3; 2003​ c 104 s 21-24​ 103C.321 OFFICERS AND EMPLOYEES.​ Subdivision 1. Officers. (a) The supervisors shall elect or appoint officers for the district and the district​ board.​ (b) A chair of the district board shall be elected from its own members.​ (c) A secretary and a treasurer shall be appointed who need not be members of the board.​ (d) Officers serve at the pleasure of the supervisors. Officers shall have the powers and duties incident​ to their respective offices, and other powers and duties expressly prescribed by law or directed by the district​ board.​ Subd. 2. Employees. The district board may employ technical experts and other officers, agents, and​ employees, permanent and temporary, as they may require. The supervisors shall determine their qualifications,​ duties, and compensation.​ Subd. 3. Employee and officer bonds. The district board shall provide for the execution of surety bonds​ for all employees and officers who are entrusted with funds or property.​ Subd. 4. Attorney. The county attorney of the county where the major portion of the district is located​ or one otherwise employed by the board shall be the attorney for the district and its supervisors. The district​ board may call upon the county attorney for necessary legal counsel and advice and service.​ Subd. 5. Delegating duties. The district board may delegate to its chair or other officer, to one or more​ supervisors, or to one or more agents or employees the powers and duties they deem proper.​ Subd. 6. Credit card use. The supervisors may authorize the use of a credit card by any soil and water​ conservation district officer or employee otherwise authorized to make a purchase on behalf of the soil and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 14​MINNESOTA STATUTES 2018​103C.315​ water conservation district. If a soil and water conservation district officer or employee makes a purchase​ by credit card that is not approved by the supervisors, the officer or employee is personally liable for the​ amount of the purchase. A purchase by credit card must otherwise comply with all statutes, rules, or soil​ and water conservation district policy applicable to soil and water conservation district purchases.​ History: 1990 c 391 art 3 s 17; 2007 c 57 art 1 s 105​ 103C.325 RECORDS; AUDIT; INFORMATION TO STATE BOARD.​ Subdivision 1. Records. The district board shall keep a full and accurate record of all proceedings and​ resolutions, regulations, and orders issued or adopted.​ Subd. 2. Audit. The state auditor shall annually audit the books of the district and its supervisors, or, at​ the request of the district board, the state auditor may contract for an annual audit by a certified public​ accountant. The state auditor may determine that an annual audit of a district is not necessary, in which case​ an audit shall be made at least every four years.​ Subd. 3. Information to state board. The supervisors shall furnish to the state board, upon request,​ copies of the ordinances, rules, regulations, orders, contracts, forms, and other documents that they adopt​ or use, and other information concerning their activities as the state board requires in the performance of its​ duties under this chapter.​ History: 1990 c 391 art 3 s 18​ 103C.331 POWERS OF DISTRICT BOARDS.​ Subdivision 1. General authority. A soil and water conservation district is a governmental and political​ subdivision of this state, and a public body, corporate and politic, and has the following powers in addition​ to any others prescribed by law.​ Subd. 2. Advisory assistance. The supervisors may invite the legislative body of a municipality or​ county in the district to designate a representative to advise and consult with the supervisors of the district​ on questions of program and policy that may affect the property, water supply, or other interests of the​ municipality or county.​ Subd. 3. Surveys, investigations, and research. A district may conduct surveys, investigations, and​ research to identify the problems and preventive practices specified in section 103A.206. To avoid duplication​ of research activities, no district shall initiate any research program except in cooperation with a state agency​ or an agency of the United States.​ Subd. 4. Publishing information. A district may publish its comprehensive plan and the results of its​ surveys, investigations, and research and may disseminate information to the public concerning any of its​ activities.​ Subd. 5. Demonstration projects. A district may conduct demonstration projects within the district on​ lands owned or administered by a state agency, with the cooperation of the administering agency, and on​ other lands with the consent of the land occupier, to demonstrate practices which implement the state policy​ specified in section 103A.206.​ Subd. 6. Implementing practices. A district may implement any necessary practices within the district,​ including structural measures and works of improvement for any purpose specified in section 103A.206,​ methods of cultivation, the use of vegetation, and changes in use of land, on:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.331​MINNESOTA STATUTES 2018​15​ (1) lands acquired by the district;​ (2) lands owned or administered by a state agency, with the cooperation of the administering agency;​ and​ (3) other lands, with the consent of the land occupier.​ Subd. 7. Implementing soil and water conservation policy. A district may cooperate or enter into​ agreements with and furnish financial or other aid to a land occupier or appropriate agency, to implement​ the policy specified in section 103A.206, within the district, subject to conditions the district board determines​ is necessary.​ Subd. 8. Acquiring and maintaining property. A district may acquire any rights or interests in real​ or personal property by option, purchase, exchange, lease, gift, grant, bequest, devise, or otherwise. It may​ maintain, operate, administer, and improve any properties acquired. It may receive income from the properties​ and expend the income to implement this chapter and sections 103F.401 to 103F.455. It may sell, lease, or​ otherwise dispose of any of its property or interests.​ Subd. 9. Using machinery and supplies. A district may make available, on terms it shall prescribe, to​ land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds,​ and seedlings, and other material or equipment which will assist land occupiers to implement practices on​ their land specified in section 103C.005.​ Subd. 10. Constructing improvements. A district may construct, install, improve, maintain, and operate​ structures and works necessary or convenient to perform an operation authorized under this chapter and​ sections 103F.401 to 103F.455.​ Subd. 11. Comprehensive plan. (a) A district may develop and revise a comprehensive plan, specifying​ practices to implement the state policy specified in section 103A.206, including:​ (1) the construction, maintenance, and operation of structural measures;​ (2) methods of cultivation;​ (3) the use of vegetation;​ (4) cropping programs;​ (5) mechanical practices;​ (6) changes in use of land;​ (7) water quality improvement practices;​ (8) other land use, soil erosion reduction, and agricultural practices; and​ (9) related technical standards and specifications.​ (b) The plan shall include a classification of the soil types within the district as determined by the​ Minnesota Cooperative Soil Survey.​ (c) The plan must identify the areas within the district where erosion, sedimentation, and related water​ quality problems appear most in need of control methods.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 16​MINNESOTA STATUTES 2018​103C.331​ (d) The plan shall be consistent with the statewide framework water resources plan, the statewide water​ quality management plan, and the state board's soil and water program plan.​ (e) Each district that applies for cost-sharing funds under section 103C.501 shall submit to the state​ board an annual work plan for the high priority erosion, sedimentation, and water quality problems in the​ district. The work plan shall be prepared as required by the rules of the state board. In preparing the annual​ work plan, the district shall actively identify and seek out land occupiers with high priority erosion problems​ who have not participated in cost-sharing contracts and encourage their participation in programs to control​ their erosion problems.​ Subd. 12. Assuming other conservation projects. (a) A district may take over by purchase, lease, or​ otherwise, and may improve, maintain, operate, and administer a soil or water conservation, erosion-control,​ erosion-prevention, water quality improvement, watershed protection, flood prevention, or flood control​ project in its boundaries undertaken by the United States or by a state agency.​ (b) A district may accept donations, gifts, grants, or contributions in money, services, materials, or​ otherwise from the United States, a state agency, or other source to accomplish the authorization in this​ section. A board may enter into a contract or agreement necessary or appropriate to accomplish the transfer.​ A board may use or expend money, services, materials, or other things to accomplish an authorized purpose.​ Subd. 13. Authority to sue and contract. A district may sue and be sued in its name, have perpetual​ succession unless terminated as provided in section 103C.225, make and execute contracts and other​ instruments necessary or convenient to the exercise of its powers, and make, amend, or repeal rules and​ regulations consistent with this chapter and sections 103F.401 to 103F.455.​ Subd. 14. Compensation for work or projects. As a condition for extending benefits for the performance​ of work upon lands not owned or administered by a state agency or the district, the supervisors may require​ compensation or contributions in money, services, materials, or otherwise, commensurate with the cost or​ reasonable value of the operations or work conferring the benefits.​ Subd. 15. Agreements for federal assistance. (a) A district may submit an application and enter into​ an agreement or contract with the secretary of agriculture or other designated authority to obtain or use​ federal assistance under any law providing for federal assistance for an authorized purpose of the district.​ (b) A district may:​ (1) acquire without cost to the federal government any land, easements, or rights-of-way needed in​ connection with works of improvement installed with federal assistance;​ (2) assume the proportionate share of the cost of installing works of improvement involving federal​ assistance determined by the secretary or other designated authority to be equitable in consideration of​ anticipated benefits from the improvements;​ (3) make arrangements satisfactory to the secretary or other authority to defray costs of operating and​ maintaining works of improvement in accordance with prescribed regulations;​ (4) acquire or provide assurance that land occupiers have acquired the water rights and other rights,​ pursuant to state law, needed to install, maintain, and operate the works of improvement; and​ (5) obtain agreements to carry out recommended soil and water conservation measures and prepare farm​ plans for owners of not less than 50 percent or other required percentage of the lands situated in a drainage​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.331​MINNESOTA STATUTES 2018​17​ area above a retention reservoir installed with federal assistance, as prescribed by applicable federal law,​ and may do any other acts necessary to secure and use federal aid.​ Subd. 16. Budget. The district board shall annually present a budget consisting of an itemized statement​ of district expenses for the ensuing calendar year to the boards of county commissioners of the counties in​ which the district is located. The county boards may levy an annual tax on all taxable real property in the​ district for the amount that the boards determine is necessary to meet the requirements of the district. The​ amount levied shall be collected and distributed to the district as prescribed by chapter 276. The amount​ may be spent by the district board for a district purpose authorized by law.​ Subd. 17. Funds for state and national associations. A district may appropriate funds to provide​ membership in state and national associations that have as their purpose the betterment and improvement​ of soil and water conservation district operations. A district may participate through designated representatives​ in the meetings and activities of the associations. A district may appropriate funds to defray the actual and​ necessary expenses of its representatives in connection with the associations' membership. The expenses​ may be paid only upon the presentation of a verified itemized claim.​ Subd. 18. Liability insurance. A district may procure liability insurance as provided in section 466.06,​ automobile insurance on personal cars while used on official business, insurance on the contents of district​ offices, and workers' compensation insurance, or may require the counties in which the district is located to​ include the district in the counties' insurance coverage for these purposes.​ Subd. 19. Administering official controls. A district may accept delegation from the state, a county,​ or a city of authority to administer soil and water conservation-related official controls, as defined in section​ 103B.305, subdivision 7, of the county or city. Prior to the delegation, the district and the state, county, or​ city agreement must include provisions that:​ (1) provide for the source of funding for administering the official controls;​ (2) the district will provide notice and hearing in the same instances that the county or city would; and​ (3) identify who will provide legal advice and support for administration and enforcement.​ Subd. 20. Coordination and cooperation. In implementing its authorities, a district shall cooperate as​ far as possible with federal, state, and local agencies and with private organizations in order to avoid​ duplication and to enhance implementation of public and private conservation initiatives within its jurisdiction.​ History: 1990 c 391 art 3 s 19; 1992 c 450 s 1; 2003 c 104 s 25-28​ 103C.335 TECHNICAL AND ADMINISTRATIVE ASSISTANCE TO DISTRICTS.​ At the request of local districts, the Agricultural Extension Service of the University of Minnesota,​ county extension committees, and county extension agents shall:​ (1) advise the districts in developing their comprehensive plan amendments and annual work plans;​ (2) in cooperation with the districts and the Natural Resources Conservation Service of the United States​ Department of Agriculture, provide technical assistance and education to land occupiers about conservation​ tillage practices and other soil conservation practices; and​ (3) participate in training district officials and employees in cooperation with the state board.​ History: 1990 c 391 art 3 s 20; 2015 c 21 art 1 s 109​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 18​MINNESOTA STATUTES 2018​103C.331​ DUTIES OF STATE BOARD​ 103C.401 BOARD OF WATER AND SOIL RESOURCES.​ Subdivision 1. Powers and duties. In addition to the powers and duties of the state board provided by​ other law, the state board shall:​ (1) offer to assist the district boards to implement their programs;​ (2) keep the district boards of the state informed of the activities and experience of other districts and​ facilitate cooperation and an interchange of advice and experience among the districts;​ (3) coordinate the programs and activities of the districts with appropriate agencies by advice and​ consultation;​ (4) approve or disapprove the plans or programs of districts relating to the use of state funds administered​ by the state board;​ (5) secure the cooperation and assistance of agencies in the work of the districts and develop a program​ to advise and assist appropriate agencies in obtaining state and federal funds for erosion, sedimentation,​ flooding, and agriculturally related pollution control programs;​ (6) develop and implement a public information program concerning the districts' activities and programs,​ the problems and preventive practices relating to erosion control, sedimentation, agriculturally related​ pollution, flood prevention, and the advantages of formation of districts in areas where their organization is​ desirable;​ (7) consolidate districts without a hearing or a referendum;​ (8) assist the statewide program to inventory and classify the types of soils in the state as determined​ by the Minnesota Cooperative Soil Survey;​ (9) identify research needs and cooperate with other public agencies in research concerning the nature​ and extent of erosion, sedimentation, flooding and agriculturally related pollution, the amounts and sources​ of sediment and pollutants delivered to the waters of the state, and long-term soil productivity;​ (10) develop structural, land use management practice, and other programs to reduce or prevent soil​ erosion, sedimentation, flooding, and agriculturally related pollution;​ (11) develop a system of priorities to identify the erosion, flooding, sediment, and agriculturally related​ pollution problem areas that most need control systems;​ (12) ensure compliance with statewide programs and policies established by the state board by advice,​ consultation, and approval of grant agreements with the districts;​ (13) service requests from districts to consolidate districts across county boundaries and facilitate other​ agreed-to reorganizations of districts with other districts or other local units of government, including making​ grants, within the limits of available funds, to offset the cost of consolidation or reorganization; and​ (14) develop and implement a state-led technical training and certification program.​ Subd. 2. Using funds. (a) Funds made available to a district from the state for expenditures necessary​ for its operations may be used only for purposes authorized by the state board.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.401​MINNESOTA STATUTES 2018​19​ (b) A district may designate the board of county commissioners to act as the agent of the district to​ receive and expend the funds at the direction and with the approval of the district board.​ (c) The state board shall, in a manner it prescribes, provide closeout reports to the districts regarding​ the expenditure of the funds.​ History: 1990 c 391 art 3 s 21; 1997 c 109 s 2; 2003 c 104 s 29,30; 2014 c 248 s 9; 1Sp2015 c 2 art 2​ s 14​ 103C.405 PROGRAM PLAN.​ Subdivision 1. Contents. The state board shall prepare, in consultation with the districts and appropriate​ agencies, a program plan to accomplish its duties. The state board shall use the program plan in decisions​ to allocate funds to districts. The state board shall emphasize the determination of priority areas where​ erosion, sedimentation, and related water quality problems appear most in need of control and the development​ of the comprehensive public information program.​ Subd. 2. Informational hearing on plan. To develop the program plan, the state board may request​ existing pertinent information from state agencies and may conduct hearings.​ Subd. 3. Coordination with state resource plans. The program plan shall be coordinated as closely as​ possible with the statewide framework water resources plan, the statewide water quality management plan,​ and other statewide resource plans.​ Subd. 4. Review and revision. The state board shall review and revise the program plan at intervals it​ deems appropriate.​ History: 1990 c 391 art 3 s 22​ COST-SHARING CONTRACTS​ 103C.501 COST-SHARING CONSERVATION CONTRACTS FOR EROSION CONTROL AND​ WATER MANAGEMENT.​ Subdivision 1. Cost-share authorization. The state board may allocate available funds to districts to​ share the cost of systems or practices for erosion or sedimentation control or water quality improvement​ that are designed to protect and improve soil and water resources.​ Subd. 2. Request by district board. A district board requesting funds of the state board must submit​ an application in a form prescribed by the board containing:​ (1) a comprehensive plan;​ (2) an annual work plan; and​ (3) an application for cost-sharing funds.​ Subd. 3. Approving application. If the state board approves the comprehensive plan, including the​ plan's most recent amendment, the annual work plan, and the application of the district, the state board shall​ determine the specific amount of funds to allocate to the district for cost-sharing contracts.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 20​MINNESOTA STATUTES 2018​103C.401​ Subd. 4. Cost-sharing funds. (a) The state board shall allocate cost-sharing funds to areas with high​ priority erosion, sedimentation, or water quality problems or water quantity problems due to altered hydrology.​ The areas must be selected based on priorities established by the state board.​ (b) The allocated funds must be used for conservation practices for high priority problems identified in​ the comprehensive and annual work plans of the districts, for the technical assistance portion of the grant​ funds to leverage federal or other nonstate funds, or to address high-priority needs identified in local water​ management plans or comprehensive watershed management plans.​ Subd. 5. Contracts by districts. (a) A district board may contract on a cost-share basis to furnish​ financial aid to a land occupier or to a state agency for permanent systems for erosion or sedimentation​ control or water quality or water quantity improvements that are consistent with the district's comprehensive​ and annual work plans.​ (b) A district board, with approval from the state board and consistent with state board rules and policies,​ may contract on a cost-share basis to furnish financial aid to a land occupier for nonstructural land management​ practices that are part of a planned erosion control or water quality improvement plan.​ (c) The duration of the contract must, at a minimum, be the time required to complete the planned​ systems. A contract must specify that the land occupier is liable for monetary damages and penalties in an​ amount up to 150 percent of the financial assistance received from the district, for failure to complete the​ systems or practices in a timely manner or maintain the systems or practices as specified in the contract.​ (d) A contract may provide for cooperation or funding with federal agencies. A land occupier or state​ agency may provide the cost-sharing portion of the contract through services in kind.​ (e) The state board or the district board may not furnish any financial aid for practices designed only to​ increase land productivity.​ (f) When a district board determines that long-term maintenance of a system or practice is desirable,​ the board may require that maintenance be made a covenant upon the land for the effective life of the practice.​ A covenant under this subdivision shall be construed in the same manner as a conservation restriction under​ section 84.65.​ Subd. 6. Policies and rules. (a) The state board may adopt rules and shall adopt policies prescribing:​ (1) procedures and criteria for allocating funds for cost-sharing contracts;​ (2) standards and guidelines for cost-sharing contracts;​ (3) the scope and content of district comprehensive plans, plan amendments, and annual work plans;​ (4) standards and methods necessary to plan and implement a priority cost-sharing program, including​ guidelines to identify high priority erosion, sedimentation, and water quality problems and water quantity​ problems due to altered hydrology;​ (5) the share of the cost of conservation practices to be paid from cost-sharing funds; and​ (6) requirements for districts to document their efforts to identify and contact land occupiers with high​ priority problems.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.501​MINNESOTA STATUTES 2018​21​ (b) The rules may provide that cost-sharing may be used for windbreaks and shelterbelts for the purposes​ of energy conservation and snow protection.​ History: 1990 c 391 art 3 s 23; 1997 c 216 s 91; 2006 c 251 s 1; 2009 c 176 art 1 s 27-30; 2013 c 143​ art 4 s 4; 1Sp2015 c 2 art 2 s 15​ WORKS OF IMPROVEMENT​ 103C.601 WORKS OF IMPROVEMENT.​ Subdivision 1. Authority. (a) The district board may, if directed by resolution of the boards of​ commissioners from the counties where the district is located undertake, construct, install, maintain, and​ operate works of improvement for a district purpose. The district board may:​ (1) use the proceeds of tax levies, assessments, and other available funds for the works of improvement;​ (2) acquire necessary real or personal property by purchase or gift for the works of improvement;​ (3) contract, survey, plan, construct, install, maintain, and operate the works of improvement; and​ (4) exercise other authorized powers.​ (b) Two or more district boards may jointly exercise the powers granted by this section.​ Subd. 2. Request for project. A program for works of improvement in any area within one or more​ districts may be initiated upon written request for a project submitted to the district board by one or more​ of the owners of land in the affected area. The request must include:​ (1) a general description of the area proposed for inclusion in an improvement work unit, with a proposed​ name or number for the project;​ (2) a description of the affected land owned by the signers; and​ (3) a statement of the objectives of the proposed works in furtherance of the authorized purposes, the​ grounds upon which the project will be of public benefit and utility and promote the public health, safety,​ and welfare, and special benefits to property that will result from the project.​ Subd. 3. Surveys and studies. As soon as practicable after receipt of the request the district board shall​ have necessary preliminary surveys and studies conducted.​ Subd. 4. Recommendation to establish. (a) The district board may, by resolution, recommend the​ establishment of an improvement work unit and a program for works of improvement in the work unit to​ the boards of county commissioners of the counties where the affected land is located if the district board​ determines the proposed works of improvement:​ (1) are feasible;​ (2) will be of public utility and benefit;​ (3) will promote the public health, safety, and welfare; and​ (4) will further the authorized purposes and best interests of the district.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 22​MINNESOTA STATUTES 2018​103C.501​ (b) The district board shall by resolution give the improvement work unit an appropriate name or number,​ which may be different from the one proposed in the initial project request.​ (c) The resolution shall recommend definite boundaries for the improvement work unit, which may be​ those proposed in the request or modified as the district board deems advisable.​ (d) In the resolution the district board may also enlarge, reduce, or otherwise modify the proposed​ objectives of the program, but not make a substantial change in its main purposes as stated in the initial​ project request unless consented to in writing by the signers of the request.​ (e) At any time before further action is taken on the project as provided in section 103C.605 the district​ board may amend the resolution, subject to the foregoing limitations.​ Subd. 5. Preliminary general plan. (a) After adoption of the resolution recommending the improvement​ work unit and program under subdivision 4, the district board after being directed by resolution of the affected​ boards of county commissioners may have further surveys and studies made as necessary.​ (b) The district board may then have a preliminary general plan with cost estimates made to implement​ the program for the improvement work unit or part of the work unit.​ Subd. 6. Financial aid. (a) The district board, at the direction of the affected county boards, may apply​ for federal aid, state aid, or aid available from other sources for the works of improvement in the program​ or part of the works of improvement under federal or state law.​ (b) The district board may take the steps necessary to determine whether aid will be available and the​ amount of the aid. The district board may consider how the cost of the works not expected to be paid by​ federal or other aid may be met from funds of the district or from the proceeds of assessments on benefited​ property or otherwise, and the district board may make estimates of the amounts and sources.​ Subd. 7. Necessary cooperation or joint action. If the cooperation or joint action of an adjacent district​ or other public agency is desirable for the program, the district board, at the direction of the affected county​ boards, may negotiate with the authorities concerned for cooperation or joint action.​ Subd. 8. Recommendation report. (a) After completion of the requirements in subdivisions 1 to 7, the​ district board may make and file a recommendation report, summarizing findings and recommendations for​ further action on all or part of the program and containing substantially the engineering information required​ by section 103D.711, subdivisions 1 to 3.​ (b) The district board shall make the recommendation report and the preliminary general plan for the​ improvement work unit available to the affected county boards and to all other public agencies and concerned​ persons, and may provide other publicity that it deems advisable. The district board shall transmit a copy​ of the recommendation report and preliminary general plan to regional development agencies where the​ project is located. If the preliminary general plan involves a project for which a water-use permit or​ public-waters-work permit is required from the commissioner of natural resources under chapter 103G, or​ for which proceedings will be instituted under chapter 103E, the district board shall transmit the​ recommendation report and plan to the commissioner of natural resources and to the state board.​ Subd. 9. State board review. (a) The state board shall review the recommendation report and preliminary​ general plan and, if the state board concludes that the plan is inconsistent with systematic administration of​ state water policy, the state board shall report the conclusion to the district board and the commissioner of​ natural resources within 60 days after receiving the recommendation report and preliminary general plan.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.601​MINNESOTA STATUTES 2018​23​ (b) The district board may modify and retransmit the recommendation report and preliminary general​ plan to the state board, or request a hearing on the recommendation report and preliminary general plan.​ The state board shall hear the matter in the manner and following the procedures provided in sections​ 103A.321 to 103A.341, for the hearing of cases when the state board consents to intervention proceedings.​ (c) Unless the state board concludes that the report and plan are inconsistent with state water policy, the​ district board, with the approval of the county boards, may adopt and sponsor the improvement work unit​ and a program of work for the unit.​ History: 1990 c 391 art 3 s 24​ 103C.605 COUNTY DETERMINATION OF PROJECT.​ Subdivision 1. Petition. (a) The county board or joint county board, acting jointly under section 471.59,​ may take action on a project within the improvement work unit to construct or install works of improvement​ or part of the works of improvement pursuant to the recommendation report after receiving a petition.​ (b) The petition must be for a project signed by:​ (1) at least 25 percent of the owners of the land over which the proposed improvement work passes;​ (2) at least 25 percent of the owners of land where the proposed improvement is located;​ (3) the owners of at least 30 percent of the land area over which the proposed improvement work passes;​ or​ (4) the owners of at least 30 percent of the land area where the proposed project is located.​ (c) The petition must describe the land and request the county board or joint county board to hold a​ hearing on the practicability and desirability of implementing the project in accordance with the preliminary​ general plan and the recommendation report of the district board.​ (d) If the recommendation report specifies that part of the cost of the project is to be paid from the​ proceeds of assessments on benefited property, one or more of the petitioners, upon filing the petition and​ before action is taken on the petition, must file a bond to the county or counties conditioned as provided by​ section 103E.202, for a county drainage system, to be approved by the chair of the board.​ Subd. 2. Hearing. The county board or joint county board shall set a time and place for the hearing on​ the petition, and give notice of the hearing as provided in section 103E.261, subdivision 1.​ Subd. 3. Resolution for further action. (a) After the hearing the county board or joint county board​ may adopt a resolution directing further action on the project if it makes and states findings that​ implementation of the project as requested in the petition will be:​ (1) feasible;​ (2) in accordance with the recommendation report;​ (3) in furtherance of the objectives and purposes of the recommendation report; and​ (4) within the estimated cost for which funds may reasonably be expected to be available.​ (b) By the resolution the county board or joint county board shall determine the amount to be paid from​ the various sources of available or potentially available funds, including federal aid, district funds, assessments​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 24​MINNESOTA STATUTES 2018​103C.601​ on benefited property, and other funds. The amount payable from district funds may not exceed the value​ of the general public benefit of the project to the district as determined by the district board.​ History: 1990 c 391 art 3 s 25​ 103C.611 PROJECT WITHOUT ASSESSMENTS.​ Subdivision 1. Order establishing project. (a) If a portion of the project cost is not to be paid from​ assessments on benefited property, the county board or joint county board may proceed with complete​ surveys and detailed plans and specifications and make an order establishing the project. The order shall​ contain findings substantially conforming to those required by section 103E.341, subdivision 2.​ (b) Notice summarizing the findings and order shall be served upon the persons entitled to notice of a​ county drainage project in section 103E.325, unless the notice is waived in writing by each person entitled​ to the notice. Waiver of notice must be filed with the county auditor.​ Subd. 2. Acquiring property and materials. Unless an appeal is taken within 30 days after the notice​ is given, the county board or joint county board may proceed to acquire necessary rights or property, procure​ materials, let contracts, and take other steps appropriate to complete the project.​ Subd. 3. Delegating duties to district. The county board or joint county board may delegate its duties​ and powers under this section to the district board or joint district board but the district board or joint district​ board may not exercise the power of eminent domain.​ History: 1990 c 391 art 3 s 26​ 103C.615 ACTION ON PROJECT WITH ASSESSMENTS.​ Subdivision 1. Viewers. If part of the cost of the project is to be paid from the proceeds of assessments​ on benefited property, viewers must be appointed as provided in section 103E.305, and report as required​ by sections 103E.311, 103E.315, and 103E.321.​ Subd. 2. Engineering services. The board or joint board of county commissioners shall direct the​ petitioners or, with its consent, the district board or joint district board, to provide engineering services as​ necessary to produce final plans adequate for construction of the proposed improvement.​ Subd. 3. Hearing. The county board or joint county board shall then give notice of and conduct a final​ hearing substantially in accordance with sections 103E.325 to 103E.341, as for a drainage proceeding, so​ far as the procedure is consistent with sections 103C.601 to 103C.635.​ Subd. 4. Assessments greater than benefits. If the county board or joint county board determines that​ the total benefits to property are not as much as the amount payable from the proceeds of assessments as​ specified in the recommendation report of the district board, the petition shall be dismissed and further action​ on the project discontinued unless the county board or joint county board determines that the deficiency​ may be met by increasing the amount payable from other funds.​ Subd. 5. Establishing project. (a) If it determines that the total benefits to property are as much as or​ more than the amount payable from the proceeds of assessments as specified in the report and that the other​ requirements of law have been complied with, the county board or joint county board shall by an order​ containing the findings establish the project as reported or amended and adopt and confirm the viewers'​ report as made or amended.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.615​MINNESOTA STATUTES 2018​25​ (b) If the total amount of benefits to be assessed upon property pursuant to the viewers' report as confirmed​ is greater than the amount specified as payable from assessments in the report of the district board, the county​ board or joint county board may reduce the amounts payable from other sources in proportions it may​ determine.​ (c) Further action shall be taken as provided in chapter 103E, so far as is appropriate, except that each​ tract of land affected shall be assessed for the full amount of benefits, less damages, if any, as shown by the​ viewers' report as confirmed, unless the total amount of benefits, less damages, exceeds the total actual cost​ of the project to be paid from the assessments, in which case the cost shall be prorated as provided in section​ 103E.601.​ Subd. 6. County funding share of project. (a) Upon filing of the viewers' report as provided in this​ section, the county board of each county affected shall provide funds to meet its proportionate share of the​ total cost of the improvement, as shown by the report and order of the county board or joint county board.​ The county may issue bonds for the purpose in the amount necessary in the manner provided in section​ 103E.635.​ (b) The provision of section 103E.635, requiring the county board to let a contract for construction​ before issuing bonds does not apply to bonds issued to provide funds required to be furnished by this section.​ Subd. 7. Delegating duties to district. (a) The county board or joint county board, pursuant to agreement​ with the district board, may by resolution direct the district to undertake, construct, install, maintain, and​ operate the improvement upon mutually agreed terms. If it is necessary to acquire property by eminent​ domain, the county, or the counties acting jointly, shall do so and convey the property to the district pursuant​ to the agreement.​ (b) If, pursuant to an agreement, the responsibility for an improvement is vested in a district, the county​ treasurers shall transmit the proceeds of assessments or bond issues, when collected, to the treasurer of the​ district. The district treasurer shall credit the proceeds to the proper funds under the direction of the district​ board.​ History: 1990 c 391 art 3 s 27​ 103C.621 PROJECT BONDS.​ The county board may pledge the proceeds of assessments on property made for the purposes of a project,​ any revenues derived from the project, and the proceeds of tax levies or funds from other sources to pay​ bonds issued for the project.​ History: 1990 c 391 art 3 s 28​ 103C.625 STATUS OF DISCONTINUED PROJECT.​ If a project is discontinued after action on it has begun under section 103C.605, the project shall have​ the same status as if the action had not begun. The recommendation report of the district board on the project​ shall continue to be subject to amendment, a new petition for further action may be made at any time as​ provided in section 103C.605, and further proceedings conducted.​ History: 1990 c 391 art 3 s 29​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 26​MINNESOTA STATUTES 2018​103C.615​ 103C.631 REPAIR.​ Subdivision 1. Definition. The term "repair" used in this section means to restore a work of improvement​ or part of it as nearly as practicable to the same condition as when originally constructed or subsequently​ improved.​ Subd. 2. Maintaining projects. After the construction of a project is completed and accepted by the​ board of the county or district board having authority over the project, the county board or district board​ shall maintain the project or the part of the project that is in its jurisdiction and provide the repairs required​ to keep the project efficient.​ Subd. 3. Repair authority. The county board or district board shall have the powers and duties of the​ drainage authority under sections 103E.701 to 103E.745, except as provided in subdivision 4.​ Subd. 4. Financing repairs. If the board is a district board, the financing of repairs which require​ assessments and bond issues shall be the responsibility of the county board or joint county board. The county​ board or joint county board shall finance repairs in the same way as original construction of the project and​ as provided in sections 103E.701 to 103E.745, so far as appropriate.​ History: 1990 c 391 art 3 s 30​ 103C.635 APPEALS.​ (a) A person aggrieved by an order of a county board or joint county board in a proceeding under sections​ 103C.601 to 103C.631 may appeal to the district court upon the grounds and in the manner provided by​ sections 103E.091 and 103E.095, for a county drainage proceeding.​ (b) Notices required by sections 103E.091 and 103E.095, to be filed with the county auditor shall also​ be filed with the district board or joint district board.​ (c) An appeal may not be taken from an order made under section 103C.611 or 103C.615 by the board,​ joint board of county commissioners, district board, or joint district board if the order dismisses a petition​ or refuses to establish a project.​ History: 1990 c 391 art 3 s 31​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103C.635​MINNESOTA STATUTES 2018​27​