Water Planning and Project Implementation (Minnesota Statutes: Chapter 103B)

CHAPTER 103B​ WATER PLANNING AND PROJECT IMPLEMENTATION​ GENERAL PROVISIONS​ EFFECT OF CHAPTER 103B ON WATER LAW.​103B.001​ BOARD OF WATER AND SOIL RESOURCES​ BOARD OF WATER AND SOIL RESOURCES.​103B.101​ LOCAL WATER MANAGEMENT;​ ACCOUNTABILITY AND OVERSIGHT.​ 103B.102​ EASEMENT STEWARDSHIP ACCOUNTS.​103B.103​ STATEWIDE WATER RESOURCE PLANNING​ COORDINATING WATER RESOURCE PLANNING.​103B.151​ STATE WATER AND RELATED LAND RESOURCE​ PLAN.​ 103B.155​ METROPOLITAN SURFACE WATER MANAGEMENT​ METROPOLITAN WATER MANAGEMENT​ PROGRAM; PURPOSE.​ 103B.201​ DEFINITIONS.​103B.205​ JOINT POWERS WATERSHED MANAGEMENT​ ORGANIZATION.​ 103B.211​ BOUNDARY CHANGE OF WATERSHED DISTRICTS.​103B.215​ TERMINATING WATERSHED DISTRICT.​103B.221​ BOUNDARY CHANGE AND TERMINATION;​ EFFECT ON BENEFITS AND DAMAGES.​ 103B.225​ WATERSHED MANAGEMENT ORGANIZATIONS.​103B.227​ WATERSHED PLANS.​103B.231​ LOCAL WATER MANAGEMENT PLANS.​103B.235​ RULE REVIEW.​103B.239​ LEVIES.​103B.241​ SPECIAL TAX DISTRICT; LOCAL GOVERNMENT​ UNIT.​ 103B.245​ CAPITAL IMPROVEMENTS BY WATERSHED​ MANAGEMENT ORGANIZATIONS.​ 103B.251​ EMERGENCY PROJECTS.​103B.252​ COUNTY LEVY AUTHORITY.​103B.253​ METROPOLITAN GROUNDWATER MANAGEMENT​ GROUNDWATER PLANS.​103B.255​ COMPREHENSIVE LOCAL WATER​ PLANNING AND MANAGEMENT​ TITLE.​103B.301​ DEFINITIONS.​103B.305​ COUNTY WATER PLANNING AND MANAGEMENT.​103B.311​ IDENTIFYING PRIORITY CONCERNS.​103B.312​ PLAN DEVELOPMENT.​103B.313​ CONTENTS OF PLAN.​103B.314​ COMPREHENSIVE WATER PLAN REVIEW AND​ ADOPTION.​ 103B.315​ DUTIES OF THE BOARD.​103B.321​ CONSISTENCY OF LOCAL PLANS AND CONTROLS​ WITH LOCAL WATER MANAGEMENT PLAN.​ 103B.325​ AUTHORITY UNDER APPROVED LOCAL WATER​ MANAGEMENT PLANS.​ 103B.331​ TAX LEVY AUTHORITY.​103B.335​ WETLAND FUNCTIONS FOR DETERMINING​ PUBLIC VALUES.​ 103B.3355​ LOCAL WATER RESOURCES PROTECTION​ AND MANAGEMENT PROGRAM​ CITATION.​103B.3361​ DEFINITIONS.​103B.3363​ WATER PLAN EXTENSIONS.​103B.3367​ LOCAL WATER RESOURCES RESTORATION,​ PROTECTION, AND MANAGEMENT PROGRAM.​ 103B.3369​ PUBLIC DRAINAGE.​103B.341​ RESOLVING DISPUTES.​103B.345​ APPLICATION.​103B.355​ SOUTH DAKOTA-MINNESOTA BOUNDARY​ WATERS COMMISSION​ SOUTH DAKOTA-MINNESOTA BOUNDARY​ WATERS COMMISSION.​ 103B.451​ LAKE IMPROVEMENT DISTRICTS​ LAKE IMPROVEMENT DISTRICTS.​103B.501​ DEFINITIONS.​103B.505​ ADMINISTRATION BY COMMISSIONER.​103B.511​ INITIATION AND ESTABLISHMENT BY COUNTY​ BOARD.​ 103B.515​ INITIATION BY PETITION AND ESTABLISHMENT​ BY COUNTY BOARD.​ 103B.521​ ESTABLISHING DISTRICT IN MORE THAN ONE​ COUNTY.​ 103B.525​ CREATION BY COMMISSIONER OF NATURAL​ RESOURCES.​ 103B.531​ ORDER ESTABLISHING DISTRICT.​103B.535​ PUBLICATION AND EFFECTIVE DATE.​103B.541​ REFERENDUM ON ESTABLISHMENT.​103B.545​ BOARD OF DIRECTORS.​103B.551​ FINANCING.​103B.555​ VOTING BY JOINT COUNTY BOARDS.​103B.561​ ENFORCING ORDINANCES.​103B.565​ ANNUAL MEETING OF DISTRICT.​103B.571​ EXPANDING LAKE IMPROVEMENT DISTRICT.​103B.575​ TERMINATION.​103B.581​ LAKE MINNETONKA CONSERVATION DISTRICT​ DEFINITIONS.​103B.601​ DISTRICT.​103B.605​ BOARD.​103B.611​ DISTRICT OFFICERS.​103B.615​ TREASURER.​103B.621​ EXECUTIVE DIRECTOR.​103B.625​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ MINNESOTA STATUTES 2018​1​ PERFORMANCE OF DUTIES AND EXPENSES.​103B.631​ DISTRICT FUNDING.​103B.635​ DISTRICT REGULATIONS.​103B.641​ PROSECUTING VIOLATIONS.​103B.645​ WHITE BEAR LAKE CONSERVATION DISTRICT​ DEFINITIONS.​103B.651​ DISTRICT.​103B.655​ BOARD.​103B.661​ DISTRICT OFFICERS AND EMPLOYEES.​103B.665​ TREASURER.​103B.671​ EXECUTIVE DIRECTOR.​103B.675​ RULES.​103B.681​ PROSECUTING VIOLATIONS.​103B.683​ PERFORMANCE OF DUTIES AND EXPENSES.​103B.685​ DISTRICT FUNDING.​103B.691​ COMPREHENSIVE WATERSHED MANAGEMENT​ PLANNING PROGRAM.​ 103B.801​ GENERAL PROVISIONS​ 103B.001 EFFECT OF CHAPTER 103B ON WATER LAW.​ Chapters 103A, 103B, 103C, 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 2 s 1​ BOARD OF WATER AND SOIL RESOURCES​ 103B.101 BOARD OF WATER AND SOIL RESOURCES.​ Subdivision 1. Membership. The Board of Water and Soil Resources is composed of 15 appointed​ members knowledgeable of water and soil problems and conditions within the state and five ex officio​ members.​ Subd. 2. Voting members. (a) The members are:​ (1) three county commissioners;​ (2) three soil and water conservation district supervisors;​ (3) three watershed district or watershed management organization representatives;​ (4) three citizens who are not employed by, or the appointed or elected officials of, a state governmental​ office, board, or agency;​ (5) one township officer;​ (6) two elected city officials, one of whom must be from a city located in the metropolitan area, as​ defined under section 473.121, subdivision 2;​ (7) the commissioner of agriculture;​ (8) the commissioner of health;​ (9) the commissioner of natural resources;​ (10) the commissioner of the Pollution Control Agency; and​ (11) the director of the University of Minnesota Extension Service.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103B.001​ (b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state with at least four​ members but not more than six members from the metropolitan area, as defined by section 473.121,​ subdivision 2.​ (c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor. In making the​ appointments, the governor may consider persons recommended by the Association of Minnesota Counties,​ the Minnesota Association of Townships, the League of Minnesota Cities, the Minnesota Association of​ Soil and Water Conservation Districts, and the Minnesota Association of Watershed Districts. The list​ submitted by an association must contain at least three nominees for each position to be filled.​ (d) The membership terms, compensation, removal of members and filling of vacancies on the board​ for members in paragraph (a), clauses (1) to (6), are as provided in section 15.0575.​ Subd. 3. [Repealed, 1997 c 28 s 4]​ Subd. 4. Employees. The board may employ an executive director in the unclassified service and other​ permanent and temporary employees in accordance with chapter 43A. The board may prescribe the powers​ and duties of its officers and employees and may authorize its employees and members of the board to act​ on behalf of the board.​ Subd. 5. Officers. The governor shall appoint a chair from among the members of the board in subdivision​ 2, paragraph (a), clauses (1) to (4), with the advice and consent of the senate. The board shall elect a vice-chair​ and any other officers that it considers necessary from its membership.​ Subd. 6. Quorum. A majority of the board is a quorum.​ Subd. 7. Hearings, orders, and rulemaking. The board may hold public hearings and adopt rules and​ orders necessary to execute its duties.​ Subd. 8. [Repealed, 1997 c 28 s 4]​ Subd. 8a. Bylaws and conflict of interest. The board shall adopt bylaws that include provisions to​ prevent or address conflict of interest.​ Subd. 9. Powers and duties. (a) In addition to the powers and duties prescribed elsewhere, the board​ shall:​ (1) coordinate the water and soil resources planning and implementation activities of counties, soil and​ water conservation districts, watershed districts, watershed management organizations, and any other local​ units of government through its various authorities for approval of local plans, administration of state grants,​ contracts and easements, and by other means as may be appropriate;​ (2) facilitate communication and coordination among state agencies in cooperation with the Environmental​ Quality Board, and between state and local units of government, in order to make the expertise and resources​ of state agencies involved in water and soil resources management available to the local units of government​ to the greatest extent possible;​ (3) coordinate state and local interests with respect to the study in southwestern Minnesota under United​ States Code, title 16, section 1009;​ (4) develop information and education programs designed to increase awareness of local water and soil​ resources problems and awareness of opportunities for local government involvement in preventing or​ solving them;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.101​MINNESOTA STATUTES 2018​3​ (5) provide a forum for the discussion of local issues and opportunities relating to water and soil resources​ management;​ (6) adopt an annual budget and work program that integrate the various functions and responsibilities​ assigned to it by law; and​ (7) report to the governor and the legislature by October 15 of each even-numbered year with an​ assessment of board programs and recommendations for any program changes and board membership​ changes necessary to improve state and local efforts in water and soil resources management.​ (b) The board may accept grants, gifts, donations, or contributions in money, services, materials, or​ otherwise from the United States, a state agency, or other source to achieve an authorized or delegated​ purpose. The board may enter into a contract or agreement necessary or appropriate to accomplish the​ transfer. The board may conduct or participate in local, state, or federal programs or projects that have as​ one purpose or effect the preservation or enhancement of water and soil resources and may enter into and​ administer agreements with local governments or landowners or their designated agents as part of those​ programs or projects. The board may receive and expend money to acquire conservation easements, as​ defined in chapter 84C, on behalf of the state and federal government consistent with the Camp Ripley's​ Army Compatible Use Buffer Project.​ (c) Any money received is hereby deposited in an account in a fund other than the general fund and​ appropriated and dedicated for the purpose for which it is granted.​ Subd. 10. Committee for dispute resolution. A committee of the board is established to hear and​ resolve disputes, appeals, and interventions under sections 103A.301 to 103A.341; 103B.101; 103B.231;​ 103B.345; 103D.535; 103D.537; and 103G.2242, subdivision 9. The committee is appointed by the board​ chair. The board shall adopt bylaws governing committee membership and duties.​ Subd. 11. [Repealed, 2009 c 172 art 2 s 32; 2009 c 176 art 1 s 52]​ Subd. 12. Authority to issue penalty orders. (a) Except as provided under subdivision 12a, the board​ may issue an order requiring violations to be corrected and administratively assessing monetary penalties​ of up to $10,000 per violation for violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G,​ any rules adopted under those chapters, and any standards, limitations, or conditions established by the​ board.​ (b) Administrative penalties issued by the board under paragraph (a) or subdivision 12a, may be appealed​ according to section 116.072, if the recipient of the penalty requests a hearing by notifying the commissioner​ in writing within 30 days after receipt of the order. For the purposes of this section, the terms "commissioner"​ and "agency" as used in section 116.072 mean the board. If a hearing is not requested within the 30-day​ period, the order becomes a final order not subject to further review.​ (c) Administrative penalty orders issued under paragraph (a) or subdivision 12a, may be enforced under​ section 116.072, subdivision 9. Penalty amounts must be remitted within 30 days of issuance of the order.​ Subd. 12a. Authority to issue penalty orders. (a) A county or watershed district with jurisdiction or​ the Board of Water and Soil Resources may issue an order requiring violations of the water resources riparian​ protection requirements under sections 103F.415, 103F.421, and 103F.48 to be corrected and administratively​ assessing monetary penalties up to $500 for noncompliance commencing on day one of the 11th month after​ the noncompliance notice was issued. The proceeds collected from an administrative penalty order issued​ under this section must be remitted to the county or watershed district with jurisdiction over the noncompliant​ site, or otherwise remitted to the Board of Water and Soil Resources.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103B.101​ (b) Before exercising this authority, the Board of Water and Soil Resources must adopt a plan containing​ procedures for the issuance of administrative penalty orders by local governments and the board as authorized​ in this subdivision. This plan, and any subsequent amendments, will become effective 30 days after being​ published in the State Register. The initial plan must be published in the State Register no later than July 1,​ 2017.​ (c) Administrative penalties may be reissued and appealed under paragraph (a) according to section​ 103F.48, subdivision 9.​ Subd. 13. Drainage stakeholder coordination. The Board of Water and Soil Resources shall work​ with drainage stakeholders to foster mutual understanding and provide recommendations for drainage system​ management and related water management, including recommendations for updating the drainage law in​ chapter 103E and other related provisions. The board may convene informal working groups or work teams​ to develop information, education, and recommendations.​ Subd. 14. Local water management coordination. (a) The board may adopt resolutions, policies, or​ orders that allow a comprehensive plan, local water management plan, or watershed management plan,​ developed or amended, approved and adopted, according to chapter 103B, 103C, or 103D to serve as​ substitutes for one another or be replaced with a comprehensive watershed management plan. The board​ may also develop criteria for incorporating or coordinating the elements of metropolitan county groundwater​ plans in accordance with section 103B.255. The board shall, to the extent practicable, incorporate a watershed​ approach when adopting the resolutions, policies, or orders, and shall establish a suggested watershed​ boundary framework for development, approval, adoption, and coordination of plans.​ (b) The board shall work with local government stakeholders and others to foster mutual understanding​ and develop recommendations for local water management and related state water management policy and​ programs. The board may convene informal working groups or work teams to develop information, education,​ and recommendations. Local government units may develop and carry out TMDL implementation plans,​ or their equivalent, as provided in chapter 114D, as part of the local water management plans and​ responsibilities under chapters 103B, 103C, and 103D.​ Subd. 15. Local water management boundary and plan determinations and appeals. (a) Local​ government units may either submit a request for a plan boundary determination as part of a plan approval​ request or apply separately for a plan boundary determination from the board before requesting plan approval.​ Local government units must provide written documentation of the rationale and justification for the proposed​ boundary. The board may request additional information needed to make a plan boundary determination.​ (b) Local government units may appeal a board decision to deny approval of a plan or the establishment​ of a plan boundary. An appeal of a board decision may be taken to the state court of appeals and must be​ considered an appeal from a contested case decision for purposes of judicial review under sections 14.63 to​ 14.69. Local government units may request the board's dispute resolution committee or executive director​ to hear and make recommendations to resolve boundary and plan implementation disputes.​ Subd. 16. Water quality practices; standardized specifications. The Board of Water and Soil Resources​ shall work with state and federal agencies, academic institutions, local governments, practitioners, and​ stakeholders to foster mutual understanding and provide recommendations for standardized specifications​ for water quality and soil conservation protection and improvement practices and projects. The board may​ convene working groups or work teams to develop information, education, and recommendations.​ Subd. 17. Wetland stakeholder coordination. The board shall work with wetland stakeholders to foster​ mutual understanding and provide recommendations for improvements to the management of wetlands and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.101​MINNESOTA STATUTES 2018​5​ related land and water resources, including recommendations for updating the Wetland Conservation Act,​ developing an in-lieu fee program as defined in section 103G.005, subdivision 10g, and related provisions.​ The board may convene informal working groups or work teams to provide information and education and​ to develop recommendations.​ History: 1990 c 391 art 2 s 2; 1992 c 399 s 1; 1997 c 28 s 1-3; 1997 c 109 s 1; 2004 c 228 art 1 s 23;​ 1Sp2005 c 1 art 2 s 116; 2007 c 57 art 1 s 103; 2009 c 176 art 1 s 23,24; 2010 c 298 s 1; 1Sp2010 c 1 art​ 14 s 5; 1Sp2011 c 2 art 5 s 63; 2012 c 272 s 28-33; 1Sp2015 c 2 art 2 s 11; 1Sp2015 c 4 art 4 s 72,73; 2016​ c 85 s 1,2​ 103B.102 LOCAL WATER MANAGEMENT; ACCOUNTABILITY AND OVERSIGHT.​ Subdivision 1. Findings; improving accountability and oversight. The legislature finds that a process​ is needed to monitor the performance and activities of local water management entities. The process should​ be preemptive so that problems can be identified early and systematically. Underperforming entities should​ be provided assistance and direction for improving performance in a reasonable time frame.​ Subd. 2. Definitions. For the purposes of this section, "local water management entities" means watershed​ districts, soil and water conservation districts, metropolitan water management organizations, and counties​ operating separately or jointly in their role as local water management authorities under chapter 103B, 103C,​ 103D, or 103G and chapter 114D.​ Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall evaluate performance,​ financial, and activity information for each local water management entity. The board shall evaluate the​ entities' progress in accomplishing their adopted plans on a regular basis as determined by the board based​ on budget and operations of the local water management entity, but not less than once every ten years. The​ board shall maintain a summary of local water management entity performance on the board's website.​ Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis of local water​ management entity performance to the chairs of the house of representatives and senate committees having​ jurisdiction over environment and natural resources policy.​ Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water and Soil Resources​ may, based on its evaluation in subdivision 3, reduce, withhold, or redirect grants and other funding if the​ local water management entity has not corrected deficiencies as prescribed in a notice from the board within​ one year from the date of the notice.​ (b) The board may defer a decision on a termination petition filed under section 103B.221, 103C.225,​ or 103D.271 for up to one year to conduct or update the evaluation under subdivision 3 or to communicate​ the results of the evaluation to petitioners or to local and state government agencies.​ History: 2007 c 57 art 1 s 104; 2013 c 143 art 4 s 1​ 103B.103 EASEMENT STEWARDSHIP ACCOUNTS.​ Subdivision 1. Accounts established; sources. (a) The water and soil conservation easement stewardship​ account and the mitigation easement stewardship account are created in the special revenue fund. The​ accounts consist of money credited to the accounts and interest and other earnings on money in the accounts.​ The State Board of Investment must manage the accounts to maximize long-term gain.​ (b) Revenue from contributions and money appropriated for any purposes of the account as described​ in subdivision 2 must be deposited in the water and soil conservation easement stewardship account. Revenue​ from contributions, wetland banking fees designated for stewardship purposes by the board, easement​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103B.101​ stewardship payments authorized under subdivision 3, and money appropriated for any purposes of the​ account as described in subdivision 2 must be deposited in the mitigation easement stewardship account.​ Subd. 2. Appropriation; purposes of accounts. Five percent of the balance on July 1 each year in the​ water and soil conservation easement stewardship account and five percent of the balance on July 1 each​ year in the mitigation easement stewardship account are annually appropriated to the board and may be​ spent only to cover the costs of managing easements held by the board, including costs associated with​ monitoring, landowner contacts, records storage and management, processing landowner notices, requests​ for approval or amendments, enforcement, and legal services associated with easement management activities.​ Subd. 3. Financial contributions. The board shall seek a financial contribution to the water and soil​ conservation easement stewardship account for each conservation easement acquired by the board. The​ board shall seek a financial contribution or assess an easement stewardship payment to the mitigation​ easement stewardship account for each wetland banking easement acquired by the board. Unless otherwise​ provided by law, the board shall determine the amount of the contribution or payment, which must be an​ amount calculated to earn sufficient money to meet the costs of managing the easement at a level that neither​ significantly overrecovers nor underrecovers the costs. In determining the amount of the financial contribution,​ the board shall consider:​ (1) the estimated annual staff hours needed to manage the conservation easement, taking into consideration​ factors such as easement type, size, location, and complexity;​ (2) the average hourly wages for the class or classes of state and local employees expected to manage​ the easement;​ (3) the estimated annual travel expenses to manage the easement;​ (4) the estimated annual miscellaneous costs to manage the easement, including supplies and equipment,​ information technology support, and aerial flyovers;​ (5) the estimated annualized costs of legal services, including the cost to enforce the easement in the​ event of a violation; and​ (6) the expected rate of return on investments in the account.​ History: 1Sp2015 c 4 art 4 s 74​ STATEWIDE WATER RESOURCE PLANNING​ 103B.151 COORDINATING WATER RESOURCE PLANNING.​ Subdivision 1. Water planning. The Environmental Quality Board shall:​ (1) coordinate public water resource management and regulation activities among the state agencies​ having jurisdiction in the area;​ (2) coordinate comprehensive long-range water resources planning in furtherance of the Environmental​ Quality Board's "Minnesota Water Plan," published in January 1991, by September 15, 2000, and each​ ten-year interval afterwards;​ (3) coordinate water planning activities of local, regional, and federal bodies with state water planning​ and integrate these plans with state strategies;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.151​MINNESOTA STATUTES 2018​7​ (4) coordinate development of state water policy recommendations and priorities, and a recommended​ program for funding identified needs, including priorities for implementing the state water resources​ monitoring plan;​ (5) administer federal water resources planning with multiagency interests;​ (6) ensure that groundwater quality monitoring and related data is provided and integrated into the​ Minnesota land management information system according to published data compatibility guidelines. Costs​ of integrating the data in accordance with data compatibility standards must be borne by the agency generating​ the data;​ (7) coordinate the development and evaluation of water information and education materials and resources;​ and​ (8) coordinate the dissemination of water information and education through existing delivery systems.​ Subd. 2. Governor's representative. The Environmental Quality Board chair shall represent the governor​ on interstate water resources organizations.​ Subd. 3. [Repealed, 1995 c 186 s 28]​ History: 1990 c 391 art 2 s 3; 1994 c 557 s 13; 2008 c 363 art 5 s 16​ 103B.155 STATE WATER AND RELATED LAND RESOURCE PLAN.​ The commissioner of natural resources, in cooperation with other state and federal agencies, regional​ development commissions, the Metropolitan Council, local governmental units, and citizens, shall prepare​ a statewide framework and assessment water and related land resources plan for presentation to the legislature​ by November 15, 1975, for its review and approval or disapproval. This plan must relate each of the programs​ of the Department of Natural Resources for specific aspects of water management to the others. The statewide​ plan must include:​ (1) regulation of improvements and land development by abutting landowners of the beds, banks, and​ shores of lakes, streams, watercourses, and marshes by permit or otherwise to preserve them for beneficial​ use;​ (2) regulation of construction of improvements on and prevention of encroachments in the floodplains​ of the rivers, streams, lakes, and marshes of the state;​ (3) reclamation or filling of wet and overflowed lands;​ (4) repair, improvement, relocation, modification or consolidation in whole or in part of previously​ established public drainage systems within the state;​ (5) preservation of wetland areas;​ (6) management of game and fish resources as related to water resources;​ (7) control of water weeds;​ (8) control or alleviation of damages by floodwaters;​ (9) alteration of stream channels for conveyance of surface waters, navigation, and any other public​ purposes;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103B.151​ (10) diversion or changing of watercourses in whole or in part;​ (11) regulation of the flow of streams and conservation of their waters;​ (12) regulation of lake water levels;​ (13) maintenance of water supply for municipal, domestic, industrial, recreational, agricultural, aesthetic,​ wildlife, fishery, or other public use;​ (14) sanitation and public health and regulation of uses of streams, ditches, or watercourses to dispose​ of waste and maintain water quality;​ (15) preventive or remedial measures to control or alleviate land and soil erosion and siltation of affected​ watercourses or bodies of water;​ (16) regulation of uses of water surfaces; and​ (17) identification of high priority regions for wetland preservation, enhancement, restoration, and​ establishment.​ History: 1990 c 391 art 2 s 4; 1991 c 354 art 2 s 1​ METROPOLITAN SURFACE WATER MANAGEMENT​ 103B.201 METROPOLITAN WATER MANAGEMENT PROGRAM; PURPOSE.​ The purposes of the water management programs required by sections 103B.205 to 103B.255 are to:​ (1) protect, preserve, and use natural surface and groundwater storage and retention systems;​ (2) minimize public capital expenditures needed to correct flooding and water quality problems;​ (3) identify and plan for means to effectively protect and improve surface and groundwater quality;​ (4) establish more uniform local policies and official controls for surface and groundwater management;​ (5) prevent erosion of soil into surface water systems;​ (6) promote groundwater recharge;​ (7) protect and enhance fish and wildlife habitat and water recreational facilities; and​ (8) secure the other benefits associated with the proper management of surface and groundwater.​ History: 1990 c 391 art 2 s 5; 1990 c 601 s 6​ 103B.205 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103B.211 to 103B.255.​ Subd. 2. Board. "Board" means the Board of Water and Soil Resources unless the context indicates​ otherwise.​ Subd. 3. Capital improvement program. "Capital improvement program" means an itemized program​ for at least a five-year prospective period, and any amendments to it, subject to at least biennial review,​ setting forth the schedule, timing, and details of specific contemplated capital improvements by year, together​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.205​MINNESOTA STATUTES 2018​9​ with their estimated cost, the need for each improvement, financial sources, and the financial effect that the​ improvements will have on the local government unit or watershed management organization.​ Subd. 4. Groundwater plan. "Groundwater plan" means a county plan adopted under section 103B.255.​ Subd. 5. Groundwater system. "Groundwater system" means one of the 14 principal aquifers of the​ state as defined by the United States Geological Survey in the Water-Resources Investigations 81-51, entitled​ "Designation of Principal Water Supply Aquifers in Minnesota" (August 1981), and its revisions.​ Subd. 6. Local comprehensive plan. "Local comprehensive plan" has the meaning given it in section​ 473.852, subdivision 5.​ Subd. 7. Local government unit. "Local government unit" or "local unit" has the meaning given it in​ section 473.852.​ Subd. 8. Metropolitan area. "Metropolitan area" has the meaning given in section 473.121, subdivision​ 2.​ Subd. 9. Minor watershed units. "Minor watershed units" means the drainage areas identified and​ delineated as such pursuant to Laws 1977, chapter 455, section 33, subdivision 7, paragraph (a).​ Subd. 10. Official controls. "Official controls" has the meaning given it in section 473.852.​ Subd. 10a. State review agencies. "State review agencies" means the commissioners of natural resources,​ the Pollution Control Agency, agriculture, and health.​ Subd. 10b. Subwatershed unit. "Subwatershed unit" means a hydrologic area less than the entire area​ under the jurisdiction of a watershed management organization.​ Subd. 11. Watershed. "Watershed" means a drainage area having boundaries which are substantially​ coterminous with those of an aggregation of contiguous minor watershed units possessing similar drainage​ patterns and which cross the borders of two or more local government units.​ Subd. 12. Watershed district. "Watershed district" means a district established under chapter 103D.​ Subd. 13. Watershed management organization. "Watershed management organization" or​ "organization" means a watershed district wholly within the metropolitan area or a joint powers entity​ established wholly or partly within the metropolitan area by special law or by agreement that performs some​ or all of the functions of a watershed district for a watershed and that has the characteristics and the authority​ specified under section 103B.211. Lake improvement or conservation districts are not watershed management​ organizations.​ History: 1990 c 391 art 2 s 6; 1990 c 601 s 7; 1995 c 184 s 1,31​ 103B.211 JOINT POWERS WATERSHED MANAGEMENT ORGANIZATION.​ Subdivision 1. Authority. (a) Any agreement under section 471.59 to jointly or cooperatively manage​ or plan for the management of surface water in a watershed delineated pursuant to subdivision 2, as required​ by sections 103B.205 to 103B.255, may provide, in addition to other provisions authorized by section 471.59,​ for a joint board having:​ (1) the authority to prepare, adopt, and implement a plan for the watershed meeting the requirements of​ section 103B.231;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 10​MINNESOTA STATUTES 2018​103B.205​ (2) the authority to review and approve local water management plans as provided in section 103B.235;​ (3) the authority of a watershed district under chapter 103D to regulate the use and development of land​ in the watershed when one or more of the following conditions exists:​ (i) the local government unit exercising planning and zoning authority over the land under sections​ 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.364, does not have a local water management plan​ approved and adopted in accordance with the requirements of section 103B.235 or has not adopted the​ implementation program described in the plan;​ (ii) an application to the local government unit for a permit for the use and development of land requires​ an amendment to or variance from the adopted local water management plan or implementation program​ of the local unit; or​ (iii) the local government unit has authorized the organization to require permits for the use and​ development of land;​ (4) the authority of a watershed district under section 103D.625, to accept the transfer of drainage systems​ in the watershed, to repair, improve, and maintain the transferred drainage systems, and to construct all new​ drainage systems and improvements of existing drainage systems in the watershed, provided that: (i) projects​ may be carried out under the powers granted in sections 103B.205 to 103B.255 or chapter 103D or 103E;​ and (ii) proceedings of the board with respect to the systems must be in conformance with the watershed​ plan adopted under section 103B.231;​ (5) the authority of a watershed district under section 103D.911 to adopt a budget and decide on the​ total amount necessary to be raised from ad valorem tax levies to meet the budget;​ (6) the authority of a watershed district under section 103D.915 to certify its budget with the auditor of​ each county having territory within the joint powers watershed management organization;​ (7) the authority of a watershed district under section 103D.901 to file approved assessment statements​ with each affected county; and​ (8) other powers necessary to exercise the authority under clauses (1) to (3), including the power to enter​ into contracts for the performance of functions with governmental units or persons.​ (b) The Board of Water and Soil Resources shall adopt rules prescribing minimum requirements for the​ content of watershed management organization joint powers agreements.​ (c) Decisions by a joint powers board may not require more than a majority vote, except a decision on​ a capital improvement project, which may require no more than a two-thirds vote.​ Subd. 2. Reviewing watershed boundaries. Before commencing planning under section 103B.231, a​ watershed management organization established pursuant to section 471.59 and this section shall submit a​ map delineating the boundaries of the watershed to the Board of Water and Soil Resources for review and​ comment on the conformance of the boundaries with the requirements of sections 103B.205 to 103B.255.​ The board shall have 60 days to comment.​ Subd. 3. Jurisdiction over nonmembers. (a) A watershed management organization established by​ agreement pursuant to subdivision 1 may exercise the authority provided in the agreement throughout the​ watershed delineated, including territory in statutory and home rule charter cities and towns that are not​ members of the organization, if the cities and towns that are not members consent to the exercise of authority​ within their jurisdictions and if the membership of the organization includes:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.211​MINNESOTA STATUTES 2018​11​ (1) the county or counties having jurisdiction over all of the territory of the watershed that is within the​ cities and towns that are not members of the organization; and​ (2) either cities and towns having jurisdiction over at least 50 percent of the land area of the watershed​ and comprising at least three-quarters of all of the cities and towns having territory in the watershed, or cities​ and towns having jurisdiction over at least 75 percent of the land area of the watershed.​ (b) The county or counties identified in paragraph (a), clause (1), are responsible for watershed​ management activities and may exercise authority under sections 103B.205 to 103B.255 in and for consenting​ cities and towns that are not members of the organization.​ Subd. 4. Appropriations from small watercourses. (a) This subdivision applies in Hennepin and​ Ramsey Counties to the following public waters:​ (1) a public water basin or wetland wholly within the county that is less than 500 acres; or​ (2) a protected watercourse that has a drainage area of less than 50 square miles.​ (b) An appropriation of water that is below the minimum established in section 103G.271, subdivision​ 4, for a nonessential use, as defined under section 103G.291, is prohibited unless a permit is obtained from​ the watershed district or watershed management organization having jurisdiction over the public water basin,​ wetland, or watercourse. The watershed district or watershed management organization may impose a fee​ to cover the cost of issuing the permit. This subdivision must be enforced by the home rule charter or statutory​ city where the appropriation occurs. Violation of this subdivision is a petty misdemeanor, except that a​ second violation within a year is a misdemeanor. Affected cities shall mail notice of this law to affected​ riparian and adjoining landowners.​ Subd. 5. [Repealed, 1991 c 199 art 1 s 16]​ History: 1990 c 391 art 2 s 7; 1990 c 601 s 8; 1991 c 199 art 1 s 15; 1995 c 184 s 2​ 103B.215 BOUNDARY CHANGE OF WATERSHED DISTRICTS.​ Subdivision 1. Procedure. The boundaries of a watershed district wholly within the metropolitan area​ may be changed pursuant to this section or chapter 103D.​ Subd. 2. Petition. (a) The governing board of a watershed management organization may petition the​ Board of Water and Soil resources for an order changing the boundaries of a watershed district wholly within​ the metropolitan area, by adding new territory to the district or by transferring territory that is within the​ district to the jurisdiction of another watershed management organization.​ (b) The petition must:​ (1) describe with particularity the change in boundary requested, the territory affected, and the reasons​ for the change;​ (2) show that the change is consistent with the purposes and requirements of sections 103B.205 to​ 103B.255; and​ (3) identify property subject to section 103B.225.​ (c) The petition must be accompanied by a written statement of concurrence in the petition from the​ governing body of each statutory or home rule charter city and town and each watershed management​ organization having jurisdiction over the territory proposed to be added or transferred.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 12​MINNESOTA STATUTES 2018​103B.211​ Subd. 3. Notice. (a) Upon the filing of a sufficient petition, the board shall give notice of the filing of​ the petition by publication once each week for two successive weeks in a legal newspaper in each county​ affected and by mail to the county auditor of each county affected and to the chief official of each statutory​ or home rule charter city and township affected.​ (b) The notice must describe the action proposed by the petition and invite written comments on the​ petition for consideration by the board. The notice must announce that any person who objects to the action​ proposed in the petition may submit a written request for hearing to the board within 20 days of the last​ publication of the notice of the filing of the petition, and that if no timely request for hearing is received the​ board will make a decision on the petition pursuant to this subdivision without conducting the public hearing​ required under chapter 103D.​ Subd. 4. Decision on petition. (a) If a timely request for hearing is not received, the board shall make​ a decision on the petition without a hearing within 30 days after the last publication of the notice.​ (b) If one or more timely requests for hearing are received the board shall hold a hearing on the petition​ and shall follow the procedures in chapter 103D regarding notice and conduct of hearings.​ (c) After completing the procedures required by this subdivision, the board shall, by its findings and​ order, make the boundary change requested if the board determines that:​ (1) the governing body of each statutory or home rule charter city and town and each watershed​ management organization having jurisdiction over the territory proposed to be added or transferred concurs​ in the petition;​ (2) the change is consistent with the purposes and requirements of sections 103B.205 to 103B.255; and​ (3) the change can be accomplished in conformance with section 103B.225.​ (d) The board shall file a certified copy of the findings and order with the secretary of state. The order​ making the change must conform to section 103B.225. The order making the change may amend the order​ prescribing the distribution of managers of the district.​ History: 1990 c 391 art 2 s 8​ 103B.221 TERMINATING WATERSHED DISTRICT.​ Subdivision 1. Procedure. A watershed district wholly within the metropolitan area may be terminated​ pursuant to this section or chapter 103D.​ Subd. 2. Petition. Proceedings for termination under this subdivision must be initiated by a petition to​ the Board of Water and Soil Resources filed jointly by the governing bodies of all statutory and home rule​ charter cities and towns having jurisdiction over territory within the watershed.​ Subd. 3. Hearing. Upon the filing of a sufficient petition, the board shall hold a hearing in accordance​ with the procedures prescribed in chapter 103D, to take testimony on the determinations required to be made​ by the board.​ Subd. 4. Determination and order. (a) Following the hearing, the board shall, by its findings and order,​ terminate the district as requested if the board determines:​ (1) that the local units of government having jurisdiction over territory within the watershed have formed​ a joint powers organization for the watershed pursuant to section 103B.211;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.221​MINNESOTA STATUTES 2018​13​ (2) that upon termination of the district the members of the joint powers organization, jointly or severally,​ are willing and able to assume ownership of the district's assets and the responsibility for managing and​ maintaining the district's projects as necessary to accomplish the purposes of sections 103B.205 to 103B.255​ and to implement the watershed plan of the joint powers organization to be developed pursuant to section​ 103B.231; and​ (3) that the termination can be accomplished in conformance with section 103B.225.​ (b) The board shall file a certified copy of the findings and order with the secretary of state. The order​ terminating the district must transfer the assets of the district to the joint powers organization or its members.​ The order must conform to section 103B.225.​ History: 1990 c 391 art 2 s 9​ 103B.225 BOUNDARY CHANGE AND TERMINATION; EFFECT ON BENEFITS AND DAMAGES.​ (a) The addition or transfer of property or termination of a district under sections 103B.215 and 103B.221​ must not affect the benefits or damages for any improvement previously constructed by the district having​ jurisdiction over the property before the board's order takes effect. The property affected is and remains​ liable for its proper share of any outstanding indebtedness of the watershed district applying to the property​ before the board's order, and levies and assessments for the indebtedness continue in force until the debt is​ fully paid.​ (b) In order to satisfy the requirements of this section, the board may prescribe conditions on the boundary​ change or termination or may prescribe a later effective date for the termination of specified powers of a​ watershed district.​ History: 1990 c 391 art 2 s 10​ 103B.227 WATERSHED MANAGEMENT ORGANIZATIONS.​ Subdivision 1. Appointing members. Watershed management organizations shall notify the Board of​ Water and Soil Resources of member appointments and vacancies in member positions within 30 days.​ Appointing authorities shall fill vacant positions by 90 days after the vacancy occurs.​ Subd. 2. Notice of board vacancies. Appointing authorities for watershed management organization​ board members shall publish a notice of vacancies resulting from expiration of members' terms and other​ reasons. The notices must be published at least once in a newspaper of general circulation in the watershed​ management organization area. The notices must state that persons interested in being appointed to serve​ on the watershed management organization board may submit their names to the appointing authority for​ consideration. After December 31, 1999, staff of local units of government that are members of the watershed​ management organization are not eligible to be appointed to the board. Published notice of the vacancy must​ be given at least 15 days before an appointment or reappointment is made.​ Subd. 3. Removal. Appointing authorities may remove members of watershed management organization​ boards for just cause. The Board of Water and Soil Resources shall adopt rules prescribing standards and​ procedures for removing members of watershed management organization boards for just cause.​ Subd. 4. Newsletter. A watershed management organization shall publish and distribute at least one​ newsletter or other appropriate written communication each year to residents. The newsletter or other​ communication must explain the organization's water management programs and list the officers and telephone​ numbers.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 14​MINNESOTA STATUTES 2018​103B.221​ Subd. 5. Requests for proposals for services. A watershed management organization shall at least​ every two years solicit interest proposals for legal, professional, or technical consultant services before​ retaining the services of an attorney or consultant or extending an annual services agreement.​ Subd. 6. [Repealed, 1995 c 184 s 32]​ Subd. 7. Drainage systems. Watershed management organizations may accept transfer of drainage​ systems under sections 103B.205 to 103B.255.​ History: 1990 c 601 s 9; 1999 c 231 s 126​ 103B.231 WATERSHED PLANS.​ Subdivision 1. Requirement. (a) A watershed management plan is required for watersheds comprising​ all minor watershed units wholly or partly within the metropolitan area. For minor watershed units having​ more than 90 percent of their area within the metropolitan area, the watershed management plan must be​ prepared, adopted, and implemented in accordance with the requirements of sections 103B.205 to 103B.255.​ (b) Minor watershed units having 90 percent or less of their area within the metropolitan area shall​ prepare a plan or have the county prepare a watershed management plan for their area in accordance with​ the requirements of sections 103B.101 and 103B.205 to 103B.355, as determined by the Board of Water​ and Soil Resources.​ Subd. 2. Optional participation in metropolitan water management organization. Local government​ units outside of the metropolitan area, having territory that is within a watershed part of which is subject to​ the requirements of this section, may enter into an agreement under section 103B.211. A local government​ unit that enters into an agreement under this subdivision has the duties imposed and the authority granted​ in sections 103B.205 to 103B.255.​ Subd. 3. Responsible units. (a) Where a watershed management organization exists, the plan for the​ watershed must be prepared and adopted by the organization.​ (b) If a watershed management organization located wholly outside of Hennepin and Ramsey counties,​ is terminated, or the Board of Water and Soil Resources determines a plan is not being implemented in​ accordance with its rules, the county or counties containing the watershed unit shall prepare, adopt, and​ implement the watershed plan and for this purpose the county or counties have the planning, review,​ permitting, and financing authority of a watershed management organization specified in sections 103B.211​ to 103B.255.​ (c) If a watershed management organization within the metropolitan area and wholly or partly within​ Hennepin or Ramsey counties is terminated or the Board of Water and Soil Resources determines a plan is​ not being implemented, the county or counties shall petition for the establishment of a watershed district​ under chapter 103D, provided that a district established pursuant to a petition:​ (1) may not cross a primary river or a river forming the boundary between a metropolitan county and a​ county outside the metropolitan area; and​ (2) may not cross county boundaries to include territory whose distinguishing characteristic is multiple​ drainage points into a primary river.​ (d) A watershed management organization may request a county to prepare all or part of a plan.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.231​MINNESOTA STATUTES 2018​15​ (e) A county may delegate the preparation of all or part of a plan to the county soil and water conservation​ district.​ (f) Upon request of a statutory or home rule charter city or town, a county may delegate the preparation​ of all or part of a plan to the city or town.​ (g) If the Board of Water and Soil Resources determines that a watershed management organization or​ county has not developed a draft plan, is not implementing the plan, has not delegated implementation of​ the plan, and has not petitioned for the creation of a watershed district:​ (1) state agencies may withhold from local government units state funding for water programs for projects​ within the watershed;​ (2) state agencies may withhold from local government units delegation of state water resource regulatory​ authority within the watershed;​ (3) state agencies may suspend issuance of water-related permits within the watershed; and​ (4) the board may request state agencies to withhold portions of state aid funding used for the installation​ of curb and gutter and other drainage facilities of public transportation projects within the watershed.​ The provisions of this paragraph apply until the Board of Water and Soil Resources determines that a​ plan is being implemented in accordance with its rules.​ (h) Appeals from the Board of Water and Soil Resources determination are made in the same manner​ as appeals under section 103B.345, subdivision 5.​ Subd. 3a. Priority schedule. (a) The Board of Water and Soil Resources in consultation with the state​ review agencies and the Metropolitan Council may develop a priority schedule for the revision of plans​ required under this chapter.​ (b) The prioritization should be based on but not be limited to status of current plan, scheduled revision​ dates, anticipated growth and development, existing and potential problems, and regional water quality goals​ and priorities.​ (c) The schedule will be used by the Board of Water and Soil Resources in consultation with the state​ review agencies and the Metropolitan Council to direct watershed management organizations of when they​ will be required to revise their plans.​ (d) In the event that a plan expires prior to notification from the Board of Water and Soil Resources​ under this section, the existing plan, authorities, and official controls of a watershed management organization​ shall remain in full force and effect until a revision is approved.​ (e) Watershed management organizations submitting plans and draft plan amendments for review prior​ to the board's priority review schedule, may proceed to adopt and implement the plan revisions without​ formal board approval if the board fails to adjust its priority review schedule for plan review, and commence​ its statutory review process within 45 days of submittal of the plan revision or amendment.​ Subd. 4. General standards. (a) The watershed management plan must specify the period covered by​ the plan and must extend at least five years but no more than ten years from the date the board approves the​ plan. Plans that contain revision dates inconsistent with this section must comply with that date, provided​ it is not more than ten years beyond the date of board approval.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 16​MINNESOTA STATUTES 2018​103B.231​ (b) The plan must be reviewed for consistency with an adopted county groundwater plan, and revised​ to the degree necessary to become compliant with the groundwater plan no later than two years after adoption​ by the county. A one-year extension may be granted by the board. Upon the request of a watershed​ management organization, the county shall provide a written statement that:​ (1) identifies any substantial inconsistencies between the watershed plan and the groundwater plan and​ any substantial adverse effects of the watershed plan on the groundwater plan; and​ (2) evaluates, estimates the cost of, and recommends alternatives for amending the watershed plan to​ rectify any substantial inconsistencies and adverse effects.​ (c) The plan shall contain the elements required by subdivision 6. Each element shall be set out in the​ degree of detail and prescription necessary to accomplish the purposes of sections 103B.205 to 103B.255,​ considering the character of existing and anticipated physical and hydrogeologic conditions, land use, and​ development and the severity of existing and anticipated water management problems in the watershed.​ (d) Existing plans of a watershed management organization shall remain in force and effect until amended​ or superseded by plans adopted under sections 103B.205 to 103B.255.​ (e) Watershed management organizations shall coordinate their planning activities with contiguous​ watershed management organizations and counties conducting water planning and implementation under​ sections 103B.101 and 103B.301 to 103B.355.​ Subd. 5. [Repealed, 1995 c 184 s 32]​ Subd. 6. Contents. (a) The plan shall:​ (1) describe the existing physical environment, land use, and development in the area and the environment,​ land use, and development proposed in existing local and metropolitan comprehensive plans;​ (2) present information on the hydrologic system and its components, including drainage systems​ previously constructed under chapter 103E, and existing and potential problems related thereto;​ (3) state objectives and policies, including management principles, alternatives and modifications, water​ quality, and protection of natural characteristics;​ (4) set forth a management plan, including the hydrologic and water quality conditions that will be​ sought and significant opportunities for improvement;​ (5) describe the effect of the plan on existing drainage systems;​ (6) identify high priority areas for wetland preservation, enhancement, restoration, and establishment​ and describe any conflicts with wetlands and land use in these areas;​ (7) describe conflicts between the watershed plan and existing plans of local government units;​ (8) set forth an implementation program consistent with the management plan, which includes a capital​ improvement program and standards and schedules for amending the comprehensive plans and official​ controls of local government units in the watershed to bring about conformance with the watershed plan;​ and​ (9) set out procedures and timelines for amending the plan.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.231​MINNESOTA STATUTES 2018​17​ (b) The board shall adopt rules to establish standards and requirements for amendments to watershed​ plans. The rules must include:​ (1) performance standards for the watershed plans, which may distinguish between plans for urban areas​ and rural areas;​ (2) minimum requirements for the content of watershed plans and plan amendments, including public​ participation process requirements for amendment and implementation of watershed plans;​ (3) standards for the content of capital improvement programs to implement watershed plans, including​ a requirement that capital improvement programs identify structural and nonstructural alternatives that would​ lessen capital expenditures; and​ (4) how watershed plans are to specify the nature of the official controls required to be adopted by the​ local units of government, including uniform erosion control, storm water retention, and wetland protection​ ordinances in the metropolitan area.​ Subd. 7. Reviewing draft plan. (a) Upon completion of the plan but before final adoption by the​ organization, the organization must submit the draft plan for a 60-day review and comment period to all​ counties, the Metropolitan Council, the state review agencies, the Board of Water and Soil Resources, soil​ and water conservation districts, towns, and statutory and home rule charter cities having territory within​ the watershed. A local government unit that expects that substantial amendment of its local comprehensive​ plan will be necessary to bring local water management into conformance with the watershed plan must​ describe as specifically as possible, within its comments, the amendments to the local plan that it expects​ will be necessary. If the county has a groundwater plan, the county must review and comment on the​ consistency of the watershed plan with the county groundwater plan. Differences among local governmental​ agencies regarding the plan must be mediated. Notwithstanding sections 103D.401, 103D.405, and 473.165,​ the council shall review the plan in the same manner and with the same authority and effect as provided for​ the council's review of the comprehensive plans of local government units under section 473.175. The council​ shall comment on the apparent conformity with metropolitan system plans of any anticipated amendments​ to local comprehensive plans. The council shall advise the Board of Water and Soil Resources on whether​ the plan conforms with the management objectives and target pollution loads stated in the council's water​ resources plan and shall recommend changes in the plan that would satisfy the council's plan.​ (b) The watershed management organization must respond in writing to any concerns expressed by the​ review agencies at least ten days before the public hearing.​ (c) The watershed management organization must hold a public hearing on the draft plan no sooner than​ 14 days after the 60-day review period of the draft plan. The board or boards of the affected counties shall​ approve or disapprove projects in the capital improvement program which may require the provision of​ county funds pursuant to section 103B.251 or 103D.901, subdivision 2. Each county has up until the date​ of the public hearing on the draft plan to complete its review of the capital improvement program. If the​ county fails to complete its review within the prescribed period, unless an extension is agreed to by the​ organization the program shall be deemed approved. If the watershed extends into more than one county​ and one or more counties disapprove of all or part of a capital improvement program while the other county​ or counties approve, the program shall be submitted to the Board of Water and Soil Resources for review​ pursuant to subdivision 9.​ Subd. 8. [Repealed, 2010 c 218 s 4]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 18​MINNESOTA STATUTES 2018​103B.231​ Subd. 9. Approval by board. After completion of the review under subdivision 7, the draft plan, any​ amendments thereto, all written comments received on the draft plan, a record of the public hearing, and a​ summary of changes incorporated as a result of the review process shall be submitted to the Metropolitan​ Council, the state review agencies, and the Board of Water and Soil Resources for final review. The board​ shall review the plan for conformance with the requirements of sections 103B.205 to 103B.255, and chapter​ 103D. The board shall not prescribe a plan, but may disapprove all or parts of a plan which it determines is​ not in conformance with the requirements of sections 103B.205 to 103B.255, and chapter 103D. If the capital​ improvement program is the subject of a dispute between counties, the Board of Water and Soil Resources​ shall make a final decision on the issue. The decision shall be binding on the organization and the counties​ involved. The board shall complete its review under this section within 90 days.​ Subd. 10. Adoption and implementation. (a) The organization shall adopt and implement its plan​ within 120 days after compliance with the provisions of subdivision 9 and approval of the plan by the Board​ of Water and Soil Resources. A watershed district may implement its approved plan and approved capital​ improvement program by resolution of the majority of the board of managers and without respect to the​ provisions of chapter 103D requiring the managers to wait upon petitions for projects, to submit projects​ for review by the Board of Water and Soil Resources, and to limit the cost and purposes of projects.​ (b) The Board of Water and Soil Resources shall adopt rules establishing standards and criteria for​ making determinations of whether watershed management organizations and counties are implementing​ watershed plans as required under subdivision 1.​ Subd. 11. Amendments. To the extent and in the manner required by the adopted plan, all amendments​ to the adopted plan shall be submitted to the towns, cities, county, the Metropolitan Council, the state review​ agencies, and the Board of Water and Soil Resources for review in accordance with the provisions of​ subdivisions 7 and 9. Amendments necessary to revise the plan to be consistent with the county groundwater​ plan, as required by subdivision 4, must be submitted for review in accordance with subdivisions 7 and 9.​ Minor amendments to a plan shall be reviewed in accordance with standards prescribed in the watershed​ management plan.​ Subd. 12. [Repealed, 1995 c 184 s 32]​ Subd. 13. Appeals of plan failures. Persons aggrieved by an alleged failure to comply with the provisions​ of an approved plan may request review by the Board of Water and Soil Resources. The board shall establish​ a procedure for resolving disputes and making a determination on whether the plan is being implemented.​ Subd. 14. Annual report. The Board of Water and Soil Resources shall adopt rules establishing:​ (1) requirements for annual watershed management organization financial reports to the board, including​ a report on administrative, project, and other expenditures;​ (2) standards for annual financial audits by certified public accountants, procedures for the board to​ follow before ordering state financial and performance audits as determined by the board, and procedures​ for charging the costs of financial and performance audits to the watershed management organization; and​ (3) requirements for the content of annual activity reports to the board, which must include the number​ and type of permits issued, complaints received, plan and ordinance violations, projects constructed, new​ officers installed, variances granted, status of local unit adoption and enforcement of model ordinance​ requirements, and financial conditions of the watershed management organization.​ History: 1990 c 391 art 2 s 11; 1990 c 601 s 10-19; 1991 c 354 art 2 s 2; 1995 c 184 s 3-10; 1996 c​ 305 art 1 s 27; 1998 c 312 s 1; 2003 c 128 art 1 s 78; 2010 c 218 s 1-3​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.231​MINNESOTA STATUTES 2018​19​ 103B.235 LOCAL WATER MANAGEMENT PLANS.​ Subdivision 1. Requirement. (a) After the watershed plan is approved and adopted, or amended, pursuant​ to section 103B.231, the local government units having land use planning and regulatory responsibility for​ territory within the watershed shall prepare or cause to be prepared a local water management plan, capital​ improvement program, and official controls as necessary to bring local water management into conformance​ with the watershed plan within the time period prescribed in the implementation program of the watershed​ plan and, as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan.​ (b) Each town within the counties of Anoka, Carver, Dakota, Scott, and Washington authorized by​ general or special law to plan and regulate the use of land under sections 462.351 to 462.364 shall by​ resolution determine whether to prepare the local water management plan itself or to delegate all or part of​ the preparation of the plan to the county.​ (c) Towns within counties that have adopted comprehensive plans applicable to the town must use county​ preparation of their plan to the maximum extent possible.​ Subd. 2. Contents. (a) Each local plan, in the degree of detail required in the watershed plan, shall:​ (1) describe existing and proposed physical environment and land use;​ (2) define drainage areas and the volumes, rates, and paths of storm water runoff;​ (3) identify areas and elevations for storm water storage adequate to meet performance standards​ established in the watershed plan;​ (4) define water quality and water quality protection methods adequate to meet performance standards​ established in the watershed plan;​ (5) identify regulated areas; and​ (6) set forth an implementation program, including a description of official controls and, as appropriate,​ a capital improvement program.​ (b) The Board of Water and Soil Resources shall adopt rules establishing minimum local plan standards​ and a model environmental management ordinance for use by local government units in implementing local​ water plans. The standards apply to plan amendments made to conform to changes in the watershed plans​ that are adopted under the board rules required by section 103B.231, subdivision 6.​ Subd. 3. Review. After consideration but before adoption by the governing body, each local unit shall​ submit its water management plan to the watershed management organization for review for consistency​ with the watershed plan adopted pursuant to section 103B.231. If the county or counties having territory​ within the local unit have a state-approved and locally adopted groundwater plan, the local unit shall submit​ its plan to the county or counties for review. The county or counties have 45 days to review and comment​ on the plan. The organization shall approve or disapprove the local plan or parts of the plan. The organization​ shall have 60 days to complete its review; provided, however, that the watershed management organization​ shall, as part of its review, take into account the comments submitted to it by the Metropolitan Council​ pursuant to subdivision 3a. If the organization fails to complete its review within the prescribed period, the​ local plan shall be deemed approved unless an extension is agreed to by the local unit.​ Subd. 3a. Review by Metropolitan Council. Concurrently with its submission of its local water​ management plan to the watershed management organization as provided in subdivision 3, each local unit​ of government shall submit its water management plan to the Metropolitan Council for review and comment​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 20​MINNESOTA STATUTES 2018​103B.235​ by the council. The council shall have 45 days to review and comment upon the local plan or parts of the​ plan with respect to consistency with the council's comprehensive development guide for the metropolitan​ area. The council's 45-day review period shall run concurrently with the 60-day review period by the​ watershed management organization provided in subdivision 3. The Metropolitan Council shall submit its​ comments to the watershed management organization and shall send a copy of its comments to the local​ government unit. If the Metropolitan Council fails to complete its review and make comments to the watershed​ management organization within the 45-day period, the watershed management organization shall complete​ its review as provided in subdivision 3.​ Subd. 4. Adoption and implementation. After approval of the local plan by the organization, the local​ government unit shall adopt and implement its plan within 120 days and shall amend its official controls​ accordingly within 180 days.​ Subd. 5. Amendments. To the extent and in the manner required by the organization, all amendments​ to local water management plans shall be submitted to the organization for review and approval in accordance​ with the provisions of subdivisions 3 and 3a for the review of plans.​ History: 1990 c 391 art 2 s 12; 1990 c 601 s 21; 1995 c 176 s 1-3; 1995 c 184 s 11​ 103B.239 RULE REVIEW.​ The Board of Water and Soil Resources shall review the rules relating to sections 103B.205 to 103B.255​ at least once every five years and adopt necessary amendments.​ History: 1990 c 601 s 20​ 103B.241 LEVIES.​ Subdivision 1. Watershed plans and projects. Notwithstanding chapter 103D, a local government unit​ or watershed management organization may levy a tax to pay the increased costs of preparing a plan under​ sections 103B.231 and 103B.235 or for projects identified in an approved and adopted plan necessary to​ implement the purposes of section 103B.201. The proceeds of any tax levied under this section shall be​ deposited in a separate fund and expended only for the purposes authorized by this section. Watershed​ management organizations and local government units may accumulate the proceeds of levies as an alternative​ to issuing bonds to finance improvements.​ Subd. 2. Priority programs; soil and water conservation districts. A county may levy amounts​ necessary to pay the reasonable increased costs to soil and water conservation districts of administering and​ implementing priority programs identified in an approved and adopted plan.​ History: 1990 c 391 art 2 s 13; 1990 c 601 s 22; 1992 c 511 art 2 s 2; art 5 s 2; 1995 c 184 s 12​ 103B.245 SPECIAL TAX DISTRICT; LOCAL GOVERNMENT UNIT.​ Subdivision 1. Watershed management tax district. (a) Any local government unit planning for water​ management under sections 103B.231 and 103B.235 may establish a watershed management tax district in​ the territory within the watershed, for the purpose of paying the costs of the planning required under sections​ 103B.231 and 103B.235.​ (b) Any local government unit which has part of its territory within a watershed for which a plan has​ been adopted in accordance with section 103B.231 and which has a local water management plan adopted​ in accordance with section 103B.235 may establish a watershed management tax district in the territory​ within the watershed or a subwatershed unit in the watershed, for the purpose of paying capital costs of the​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.245​MINNESOTA STATUTES 2018​21​ water management facilities described in the capital improvement program of the plans and for the purpose​ of paying for normal and routine maintenance of the facilities.​ (c) A county or counties required by section 103B.231, subdivision 3, to prepare, adopt, and implement​ a watershed plan shall apportion the costs of planning, capital improvements, and maintenance proportionate​ to benefits. The county may apportion the costs among the subwatershed units in the watershed, or among​ the statutory and home rule charter cities and towns having territory in the watershed, and for this purpose​ may establish more than one watershed management tax district in the watershed.​ (d) Notification of new watershed management tax districts established under this subdivision must be​ made to the county auditor by July 1 in order to be effective for taxes payable in the following year.​ Subd. 2. Procedure. The district shall be established by ordinance adopted after a hearing. Notice of​ the time, place, and purpose of the hearing shall be published for two successive weeks in the official​ newspaper of the local government unit, ending at least seven days before the day of the hearing. The​ ordinance shall describe with particularity the territory or area to be included in the district. After adoption,​ the ordinance shall be filed with the county auditor and county recorder. The district may be dissolved by​ following the procedures prescribed for the establishment of the district.​ Subd. 3. Tax. After adoption of the ordinance under subdivision 2, a local government unit may annually​ levy a tax on all taxable property in the district for the purposes for which the tax district is established. The​ tax may not exceed 0.02418 percent of estimated market value on taxable property located in rural towns​ other than urban towns, unless allowed by resolution of the town electors. The proceeds of the tax shall be​ paid into a fund reserved for these purposes. Any proceeds remaining in the reserve fund at the time the tax​ is terminated or the district is dissolved shall be transferred and irrevocably pledged to the debt service fund​ of the local unit to be used solely to reduce tax levies for bonded indebtedness of taxable property in the​ district.​ Subd. 4. Bonds. After adoption of the ordinance under subdivision 2, and after a contract for the​ construction of all or part of an improvement has been entered into or the work has been ordered done by​ day labor, the local government unit may issue obligations in the amount it deems necessary to pay in whole​ or in part the capital cost incurred and estimated to be incurred in making the project. The obligations shall​ be payable out of the proceeds of the tax levied pursuant to subdivision 3. The local unit may by resolution​ of its governing body adopted prior to the sale of obligations pledge the full faith, credit and taxing power​ of the local unit to assure payment of the principal and interest in the event the proceeds of the tax levy in​ the district are insufficient to pay principal and interest. The amount of any taxes which are required to be​ levied outside of the territory of the tax district or taken from the general funds of the local unit to pay​ principal and interest on the obligations shall be reimbursed to the local unit from taxes levied within the​ territory of the tax district. Obligations shall be issued in accordance with chapter 475, except that an election​ is not required and the amount of any obligations shall not be included in determining the net indebtedness​ of the local unit under the provisions of any law or charter limiting indebtedness.​ History: 1990 c 391 art 2 s 14; 1990 c 601 s 23; 1994 c 416 art 1 s 1; 1995 c 184 s 13,14; 2013 c 143​ art 14 s 7​ 103B.251 CAPITAL IMPROVEMENTS BY WATERSHED MANAGEMENT ORGANIZATIONS.​ Subdivision 1. General authority. The authority provided to watershed districts in this section is in​ addition to the authority provided in chapter 103D. A watershed management organization which has adopted​ a watershed plan in accordance with section 103B.231 may certify for payment by the county as provided​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 22​MINNESOTA STATUTES 2018​103B.245​ in this section all or any part of the cost of a capital improvement contained in the capital improvement​ program of the plan.​ Subd. 2. County board to receive plan for improvement. A copy of the plan for the improvement​ shall be forwarded to the county board.​ Subd. 3. Improvement hearing notice. (a) The organization shall then hold a public hearing on the​ proposed improvement, following publication once each week for two successive weeks before the date of​ the hearing in a legal newspaper published in the county or counties in which a part or all of the affected​ waters and lands are located. The last publication shall occur not more than 30 days nor less than ten days​ before the hearing.​ (b) The notice shall state the time and place of hearing, the general nature of the proposed improvement,​ the estimated cost, and the method by which the cost of the improvement is to be paid, including the cost​ to be allocated to each county or minor watershed unit under subdivision 5.​ (c) At least ten days before the hearing, notice by mail shall be given to the counties and to each home​ rule charter or statutory city or town located wholly or partly within the territory of the watershed management​ organization.​ (d) Failure to give mailed notice or defects in the notice shall not invalidate the proceedings.​ Subd. 4. Improvement hearing. At the time and place specified in the notice the organization shall​ hear all parties interested in the proposed improvement. If upon full hearing the organization finds that the​ improvement will be conducive to public health and promote the general welfare, and is in compliance with​ sections 103B.205 to 103B.255 and the plan adopted pursuant to section 103B.231, it shall make findings​ accordingly, determine the cost of the improvement, and certify the cost before October 1 to the county or​ counties for payment.​ Subd. 5. Apportioning costs. If the territory of the watershed management organization extends into​ more than one county, the cost of the improvement shall be certified to the respective county boards in the​ proportions prescribed in the capital improvement program of the organization. The certification of the​ watershed management organization may apportion the cost among some or all of the subwatershed units​ in the watershed and for this purpose may require the establishment of more than one tax district in the​ watershed.​ Subd. 6. County payment. Each county receiving certifications for payment from watershed management​ organizations under this section shall promptly after September 30 of each year provide funds to meet its​ proportionate share of the cost of the improvements as shown in the certifications by organizations received​ during the prior 12 months. In an emergency and after receipt of certification the county shall provide funds​ at other times. When an organization anticipates an emergency it shall promptly inform the county and​ provide it with appropriate information.​ Subd. 7. Bonds. In order to make the payment required by subdivision 6, the county board of each​ county may issue general obligation bonds of the county in the amount necessary to pay all or part of the​ cost of projects certified to the county board or to refund general obligation bonds issued for this purpose.​ The bonds shall be sold, issued, and secured in accordance with the provisions of chapter 475 for general​ obligation bonds, except as otherwise provided in this subdivision. No election shall be required.​ Subd. 8. Tax. (a) For the payment of principal and interest on the bonds issued under subdivision 7 and​ the payment required under subdivision 6, the county shall irrevocably pledge and appropriate the proceeds​ of a tax levied on all taxable property located within the territory of the watershed management organization​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.251​MINNESOTA STATUTES 2018​23​ or subwatershed unit for which the bonds are issued. Each year until the reserve for payment of the bonds​ is sufficient to retire the bonds, the county shall levy on all taxable property in the territory of the organization​ or unit, without respect to any statutory or other limitation on taxes, an amount of taxes sufficient to pay​ principal and interest on the bonds and to restore any deficiencies in reserves required to be maintained for​ payment of the bonds.​ (b) The tax levied on rural towns other than urban towns may not exceed 0.02418 percent of estimated​ market value, unless approved by resolution of the town electors.​ (c) If at any time the amounts available from the levy on property in the territory of the organization are​ insufficient to pay principal and interest on the bonds when due, the county shall make payment from any​ available funds in the county treasury.​ (d) The amount of any taxes which are required to be levied outside of the territory of the watershed​ management organization or unit or taken from the general funds of the county to pay principal or interest​ on the bonds shall be reimbursed to the county from taxes levied within the territory of the watershed​ management organization or unit.​ Subd. 9. Maintenance levy. For the purpose of creating a maintenance fund to be used for normal and​ routine maintenance of a work of improvement constructed in whole or part with money provided by the​ county pursuant to subdivision 6, the board of managers of a watershed district, with the approval of the​ county, may impose an ad valorem levy on all property located within the territory of the watershed district​ or subwatershed unit. The levy shall be certified, levied, collected, and distributed as provided in sections​ 103D.915 and 103D.921, and shall be in addition to any other money levied and distributed to the district.​ The proceeds of the levy shall be deposited in a separate maintenance and repair account to be used only​ for the purpose for which the levy was made.​ History: 1990 c 391 art 2 s 15; 1990 c 601 s 24-26; 1995 c 184 s 15,16; 2013 c 143 art 14 s 8​ 103B.252 EMERGENCY PROJECTS.​ Subdivision 1. General authority. Notwithstanding chapter 103D, a local government unit or a watershed​ management organization which has an approved and adopted plan may undertake and perform emergency​ projects under this section.​ Subd. 2. Declaring emergency. If the joint powers board, watershed district managers, or local​ government unit find that conditions exist that present a clear and imminent danger to the health or welfare​ of the people of the watershed management organization or local government unit, and that to delay action​ would prejudice the interests of the people of the watershed management organization or local government​ unit, or would likely cause permanent harm, the joint powers board, watershed district managers, or local​ government unit may declare the existence of an emergency and designate the location, watershed or​ subwatershed unit, nature, and extent of the emergency.​ Subd. 3. Project order. If an emergency has been declared to the extent necessary to protect the interests​ of the watershed management organization or the local government unit, the joint powers board, watershed​ district managers, or local government unit may order that the work be done under the direction of the joint​ powers board, watershed district managers, or local government unit and their engineer, without a contract.​ History: 1995 c 184 s 17​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 24​MINNESOTA STATUTES 2018​103B.251​ 103B.253 COUNTY LEVY AUTHORITY.​ Notwithstanding any other law to the contrary, a county levying a tax under section 103B.241, 103B.245,​ or 103B.251 shall not include any taxes levied under those authorities in the levy certified under section​ 275.07, subdivision 1, paragraph (a). A county levying under section 103B.241, 103B.245, or 103B.251​ shall separately certify that amount and the auditor shall extend that levy as a special taxing district levy​ under sections 275.066 and 275.07, subdivision 1, paragraph (b).​ History: 1Sp2001 c 5 art 3 s 3​ METROPOLITAN GROUNDWATER MANAGEMENT​ 103B.255 GROUNDWATER PLANS.​ Subdivision 1. Authority. A metropolitan county may prepare and adopt groundwater plans in accordance​ with this section.​ Subd. 2. Responsible units. The county may prepare and adopt the plan or, upon request of a soil and​ water conservation district, the county may delegate to the soil and water conservation district the preparation​ and adoption of all or part of a plan and the performance of other county responsibilities regarding the plan​ under this section and section 103B.231.​ Subd. 3. Local coordination. To assure the coordination of efforts of all units of government during​ the preparation and implementation of watershed and groundwater plans, the county shall conduct meetings​ with local units of government and watershed management organizations and may enter into agreements​ with local units of government and watershed management organizations establishing the responsibilities​ during the preparation and implementation of the water plans.​ Subd. 4. Assistance. The county may contract with the Minnesota Geological Survey, the United States​ Geological Survey, a soil and water conservation district, or other public or private agencies or persons for​ services in performing the county's responsibilities regarding the plan under this section and section 103B.231.​ Counties may enter into agreements with other counties or local units of government under section 471.59​ for the performance of these responsibilities. To assist in the development of the groundwater plan, the​ county shall seek the advice of the advisory committee, the Minnesota Geological Survey, the Departments​ of Health and Natural Resources, the Pollution Control Agency, and other appropriate local, state, and federal​ agencies.​ Subd. 5. Advisory committees. (a) The county shall name an advisory committee of 15 members. The​ committee must include representatives of various interests, including construction, agriculture, hydrogeology,​ and well drilling. At least four members of the committee must be from the public at large with no direct​ pecuniary interest in any project involving groundwater protection. At least seven members must be appointed​ from watershed management organizations, statutory and home rule charter cities, and towns, and these​ local government representatives must be geographically distributed so that at least one is appointed from​ each county commissioner district.​ (b) The county shall consult the advisory committee on the development, content, and implementation​ of the plan, including the relationship of the groundwater plan and existing watershed and local water​ management plans, the effect of the groundwater plan on the other plans, and the allocation of costs and​ governmental authority and responsibilities during implementation.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.255​MINNESOTA STATUTES 2018​25​ Subd. 6. General standards. (a) The groundwater plan must specify the period covered by the plan and​ must extend at least five years but no more than ten years from the date the board approves the plan. The​ plan must contain the elements required by subdivision 7. Each element must be set out in the degree of​ detail and prescription necessary to accomplish the purposes of sections 103B.205 to 103B.255, considering​ the character of existing and anticipated physical and hydrogeologic conditions, land use, and development​ and the severity of existing and anticipated groundwater management problems in the county.​ (b) To the fullest extent possible in a manner consistent with groundwater protection, a county shall​ make maximum use of existing and available data and studies in preparing the groundwater plan and​ incorporate into its groundwater plan relevant data from existing plans and studies and the relevant provisions​ of existing plans adopted by watershed management organizations having jurisdiction wholly or partly within​ the county.​ Subd. 7. Contents. A groundwater plan must:​ (1) cover the entire area within the county;​ (2) describe existing and expected changes to the physical environment, land use, and development in​ the county;​ (3) summarize available information about the groundwater and related resources in the county, including​ existing and potential distribution, availability, quality, and use;​ (4) state the goals, objectives, scope, and priorities of groundwater protection in the county;​ (5) contain standards, criteria, and guidelines for the protection of groundwater from pollution and for​ various types of land uses in environmentally sensitive areas, critical areas, or previously contaminated​ areas;​ (6) describe relationships and possible conflicts between the groundwater plan and the plans of other​ counties, local government units, and watershed management organizations in the affected groundwater​ system;​ (7) set forth standards, guidelines, and official controls for implementation of the plan by watershed​ management organizations and local units of government; and​ (8) include procedures and timelines for amending the groundwater plan.​ Subd. 8. Reviewing draft plan. (a) Upon completion of the groundwater plan but before final adoption​ by the county, the county shall submit the draft plan for a 60-day review and comment period to adjoining​ counties, the Metropolitan Council, the state review agencies, the Board of Water and Soil Resources, each​ soil and water conservation district, town, statutory and home rule charter city, and watershed management​ organization having territory within the county. The county also shall submit the plan to any other county​ or watershed management organization or district in the affected groundwater system that could affect or​ be affected by implementation of the plan. Any political subdivision or watershed management organization​ that expects that substantial amendment of its plans would be necessary in order to bring them into​ conformance with the county groundwater plan shall describe as specifically as possible, within its comments,​ the amendments that it expects would be necessary and the cost of amendment and implementation. Reviewing​ entities have 60 days to review and comment. Differences among local governmental agencies regarding​ the plan must be mediated. Notwithstanding sections 103D.401, 103D.405, and 473.165, the council shall​ review the plan in the same manner and with the same authority and effect as provided in section 473.175​ for review of the comprehensive plans of local government units. The council shall comment on the apparent​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 26​MINNESOTA STATUTES 2018​103B.255​ conformity with metropolitan system plans of any anticipated amendments to watershed plans and local​ comprehensive plans. The council shall advise the Board of Water and Soil Resources on whether the plan​ conforms with the management objectives stated in the council's water resources plan and shall recommend​ changes in the plan that would satisfy the council's plan.​ (b) The county must respond in writing to any concerns expressed by the reviewing agencies within 30​ days of receipt thereof.​ (c) The county shall hold a public hearing on the draft plan no sooner than 30 days and no later than 45​ days after the 60-day review period of the draft plan.​ Subd. 9. Review by Metropolitan Council and state agencies. After completion of the review under​ subdivision 8, the draft plan, any amendments thereto, all written comments received on the plan, a record​ of the public hearing, and a summary of changes incorporated as part of the review process must be submitted​ to the Metropolitan Council, the state review agencies, and the Board of Water and Soil Resources for final​ review. The state review agencies shall review and comment on the consistency of the plan with state laws​ and rules relating to water and related land resources. The state review agencies shall forward their comments​ to the board within 45 days after they receive the final review draft of the plan. A state review agency may​ request and receive up to a 30-day extension of this review period from the board.​ Subd. 10. Approval by board. After completion of the review under subdivision 9, the Board of Water​ and Soil Resources shall review the plan as provided in section 103D.401. The board shall review the plan​ for conformance with the requirements of sections 103B.205 to 103B.255, and chapter 103D. The board​ may not prescribe a plan but may disapprove all or parts of a plan which it determines is not in conformance​ with the requirements of sections 103B.205 to 103B.255, and chapter 103D.​ Subd. 11. Adoption and implementation. The county shall adopt and implement its groundwater plan​ within 120 days after approval of the plan by the Board of Water and Soil Resources.​ Subd. 12. Amendments. To the extent and in the manner required by the adopted plan, all amendments​ to the adopted plan must be submitted to the towns, cities, counties, the Metropolitan Council, the state​ review agencies, and the Board of Water and Soil Resources for review in accordance with the provisions​ of subdivisions 8 to 10.​ Subd. 13. Property tax levies. A metropolitan county may levy amounts necessary to administer and​ implement an approved and adopted groundwater plan. A county may levy amounts necessary to pay the​ reasonable increased costs to soil and water conservation districts and watershed management organizations​ of administering and implementing priority programs identified in the county's groundwater plan.​ History: 1990 c 391 art 2 s 16; 1992 c 511 art 2 s 3; 1995 c 184 s 18-23​ COMPREHENSIVE LOCAL WATER​ PLANNING AND MANAGEMENT​ 103B.301 TITLE.​ Sections 103B.301 to 103B.355 may be cited as the "Comprehensive Local Water Management Act."​ History: 1990 c 391 art 2 s 17​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.301​MINNESOTA STATUTES 2018​27​ 103B.305 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103B.301 to 103B.355.​ Subd. 2. Board. "Board" means the Board of Water and Soil Resources.​ Subd. 3. Comprehensive local water management plan. "Comprehensive local water management​ plan," "comprehensive water plan," "local water plan," and "local water management plan" mean the plan​ adopted by a county under sections 103B.311 and 103B.315.​ Subd. 4. Groundwater systems. "Groundwater systems" means the 14 principal aquifers of the state​ as defined by the United States Geological Survey in the Water-Resources Investigations 81-51, entitled​ "Designation of Principal Water Supply Aquifers in Minnesota" (August 1981), and its revisions.​ Subd. 5. Local units of government. "Local units of government" means municipalities, towns, counties,​ soil and water conservation districts, watershed districts, organizations formed for the joint exercise of​ powers under section 471.59, and other special purpose districts or authorities exercising authority in water​ and related land resources management at the local level.​ Subd. 6. Municipality. "Municipality" means a statutory or home rule charter city.​ Subd. 7. Official controls. "Official controls" means ordinances and regulations that control the physical​ development of the whole or part of a local government unit or that implement the general objectives of the​ local government unit.​ Subd. 7a. Plan authority. "Plan authority" means those local government units coordinating planning​ under sections 103B.301 to 103B.335.​ Subd. 7b. Priority concerns. "Priority concerns" means issues, resources, subwatersheds, or demographic​ areas that are identified as a priority by the plan authority.​ Subd. 7c. Priority concerns scoping document. "Priority concerns scoping document" means the list​ of the chosen priority concerns and a detailed account of how those concerns were identified and chosen.​ Subd. 8. Related land resources. "Related land resources" means land affected by present or projected​ management practices that have significant effects on the quantity and quality, or use of groundwater or​ surface water.​ Subd. 8a. State review agencies. "State review agencies" means the Board of Water and Soil Resources,​ the Department of Agriculture, the Department of Health, the Department of Natural Resources, the Pollution​ Control Agency, and other agencies granted state review status by a resolution of the board.​ Subd. 9. Watershed management organization. "Watershed management organization" has the meaning​ given in section 103B.205, subdivision 13.​ Subd. 10. Watershed units. "Watershed units" means each of the 81 major watershed units identified​ in the state watershed boundaries map prepared pursuant to the requirements of Laws 1977, chapter 455,​ section 33, subdivision 7, paragraph (a) and the accompanying database, and the revisions of that database.​ History: 1990 c 391 art 2 s 18; 2003 c 128 art 1 s 79-83​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 28​MINNESOTA STATUTES 2018​103B.305​ 103B.311 COUNTY WATER PLANNING AND MANAGEMENT.​ Subdivision 1. County duties. Each county is encouraged to develop and implement a local water​ management plan. Each county that develops and implements a plan has the duty and authority to:​ (1) prepare and adopt a local water management plan that meets the requirements of this section and​ section 103B.315;​ (2) review water and related land resources plans and official controls submitted by local units of​ government to assure consistency with the local water management plan; and​ (3) exercise any and all powers necessary to assure implementation of local water management plans.​ Subd. 2. Delegation. The county is responsible for preparing, adopting, and assuring implementation​ of the local water management plan, but may delegate all or part of the preparation of the plan to a local​ unit of government, a regional development commission, or a resource conservation and development​ committee. The county may not delegate authority for the exercise of eminent domain, taxation, or assessment​ to a local unit of government that does not possess those powers.​ Subd. 3. Coordination. (a) To assure the coordination of efforts of all local units of government within​ a county during the preparation and implementation of a local water management plan, each county intending​ to adopt a plan shall conduct meetings with other local units of government and may execute agreements​ with other local units of government establishing the responsibilities of each unit during the preparation and​ implementation of the local water management plan.​ (b) Each county intending to adopt a plan shall coordinate its planning program with contiguous counties.​ Before meeting with local units of government, a county board shall notify the county boards of each county​ contiguous to it that the county is about to begin preparing its local water management plan and is encouraged​ to request and hold a joint meeting with the contiguous county boards to consider the planning process.​ Subd. 4. Water plan requirements. (a) A local water management plan must:​ (1) cover the entire area within a county;​ (2) address water problems in the context of watershed units and groundwater systems;​ (3) be based upon principles of sound hydrologic management of water, effective environmental​ protection, and efficient management;​ (4) be consistent with local water management plans prepared by counties and watershed management​ organizations wholly or partially within a single watershed unit or groundwater system; and​ (5) the local water management plan must specify the period covered by the local water management​ plan and must extend at least five years but no more than ten years from the date the board approves the​ local water management plan. Local water management plans that contain revision dates inconsistent with​ this section must comply with that date, provided it is not more than ten years beyond the date of board​ approval.​ (b) Existing water and related land resources plans, including plans related to agricultural land preservation​ programs developed pursuant to chapter 40A, must be fully utilized in preparing the local water management​ plan. Duplication of the existing plans is not required.​ Subd. 5. [Repealed, 2003 c 128 art 1 s 176]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.311​MINNESOTA STATUTES 2018​29​ Subd. 6. [Repealed, 2003 c 128 art 1 s 176]​ Subd. 7. [Repealed, 2003 c 128 art 1 s 176]​ History: 1990 c 391 art 2 s 19; 1991 c 345 art 2 s 13; 1991 c 354 art 2 s 3; 1992 c 514 s 14; 1995 c​ 184 s 24,25; 2003 c 128 art 1 s 84-87; 2012 c 272 s 34​ 103B.312 IDENTIFYING PRIORITY CONCERNS.​ Each priority concerns scoping document must contain:​ (1) the list of proposed priority concerns the plan will address; and​ (2) a description of how and why the priority concerns were chosen, including:​ (i) a list of all public and internal forums held to gather input regarding priority concerns, including the​ dates they were held, a list of participants and affiliated organizations, a summary of the proceedings, and​ supporting data;​ (ii) the process used to locally coordinate and resolve differences between the plan's priority concerns​ and other state, local, and regional concerns; and​ (iii) a list of issues identified by the stakeholders but not selected as priority concerns, why they were​ not included in the list of priority concerns, and a brief description of how the concerns may be addressed​ or delegated to other partnering entities.​ History: 2003 c 128 art 1 s 88​ 103B.313 PLAN DEVELOPMENT.​ Subdivision 1. Notice of plan revision. The local water management plan authority shall send a notice​ to local government units partially or wholly within the planning jurisdiction, adjacent counties, and state​ review agencies of their intent to revise the local water management plan. The notice of a plan revision must​ include an invitation for all recipients to submit priority concerns they wish to see the plan address.​ Subd. 2. Submitting priority concerns to planning authority. Local governments and state review​ agencies must submit the priority concerns they want the plan to address to the plan authority within 45 days​ of receiving the notice defined in subdivision 1 or within an otherwise agreed-upon time frame.​ Subd. 3. Public information meeting. Before submitting the priority concerns scoping document to​ the board, the plan authority shall publish a legal notice for and conduct a public information meeting.​ Subd. 4. Submitting priority concerns scoping document to board. The plan authority shall send the​ scoping document to all state review agencies for review and comment. State review agencies shall provide​ comments on the plan outline to the board within 30 days of receipt.​ Subd. 5. Board review of priority concerns scoping document. The board shall review the scoping​ document and the comments submitted in accordance with this subdivision. The board shall provide comments​ to the local plan authority within 60 days of receiving the scoping document, or after the next regularly​ scheduled board meeting, whichever is later. No local water management plan may be approved pursuant​ to section 103B.315 without addressing items communicated in the board comments to the plan authority.​ The plan authority may request that resolution of unresolved issues be addressed pursuant to board policy​ defined in section 103B.345.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 30​MINNESOTA STATUTES 2018​103B.311​ Subd. 6. Requests for existing agency information relevant to priority concerns scoping​ document. The state review agencies shall, upon request from the local government, provide existing plans,​ reports, and data analysis related to priority concerns to the plan author within 60 days from the date of the​ request or within an otherwise agreed-upon time frame.​ History: 2003 c 128 art 1 s 89​ 103B.314 CONTENTS OF PLAN.​ Subdivision 1. Executive summary. Each plan must have an executive summary, including:​ (1) the purpose of the local water management plan;​ (2) a description of the priority concerns to be addressed by the plan;​ (3) a summary of goals and actions to be taken along with the projected total cost of the implementation​ program;​ (4) a summary of the consistency of the plan with other pertinent local, state, and regional plans and​ controls, and where inconsistencies are noted; and​ (5) a summary of recommended amendments to other plans and official controls to achieve consistency.​ Subd. 2. Assessing priority concerns. For each priority concern defined pursuant to section 103B.312,​ clause (1), the plan shall analyze relevant data, plans, and policies provided by agencies consistent with​ section 103B.313, subdivision 6, and describe the magnitude of the concern, including how the concern is​ impacting or changing the local land and water resources.​ Subd. 3. Goals and objectives addressing priority concerns. Each plan must contain specific measurable​ goals and objectives relating to the priority concerns and other state, regional, or local concerns. The goals​ and objectives must coordinate and attempt to resolve conflict with city, county, regional, or state goals and​ policies.​ Subd. 4. Implementation program for priority concerns. (a) For the measurable goals identified in​ subdivision 3, each plan must include an implementation program that includes the items described in​ paragraphs (b) to (e).​ (b) An implementation program may include actions involving, but not limited to, data collection​ programs, educational programs, capital improvement projects, project feasibility studies, enforcement​ strategies, amendments to existing official controls, and adoption of new official controls. If the local​ government finds that no actions are necessary to address the goals and objectives identified in subdivision​ 3 it must explain why actions are not needed. Staff and financial resources available or needed to carry out​ the local water management plan must be stated.​ (c) The implementation schedule must state the time in which each of the actions contained in the​ implementation program will be taken.​ (d) If a local government unit has made any agreement for the implementation of the plan or portions​ of a plan by another local unit of government, that local unit must be specified, the responsibility indicated,​ and a description included indicating how and when the implementation will happen.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.314​MINNESOTA STATUTES 2018​31​ (e) If capital improvement projects are proposed to implement the local water management plan, the​ projects must be described in the plan. The description of a proposed capital improvement project must​ include the following information:​ (1) the physical components of the project, including their approximate size, configuration, and location;​ (2) the purposes of the project and relationship to the objectives in the plan;​ (3) the proposed schedule for project construction;​ (4) the expected federal, state, and local costs;​ (5) the types of financing proposed, such as special assessments, ad valorem taxes, and grants; and​ (6) the sources of local financing proposed.​ Subd. 5. Other water management responsibilities and activities coordinated by plan. The plan​ must also describe the actions that will be taken to carry out the responsibilities or activities, identify the​ lead and supporting organizations or government units that will be involved in carrying out the action, and​ estimate the cost of each action.​ Subd. 6. Amendments. (a) The plan authority may initiate an amendment to the local water management​ plan by submitting a petition to the board and sending copies of the proposed amendment and the date of​ the public hearing to the following entities for review: local government units defined in section 103B.305,​ subdivision 5, that are within the plan's jurisdiction; and the state review agencies.​ (b) After the public hearing the board shall review the amendment pursuant to section 103B.315,​ subdivision 5, paragraphs (b) and (c). The amendment becomes part of the local water management plan​ after being approved by the board. The board must send the order and the approved amendment to the entities​ that received the proposed amendment and notice of the public hearing.​ History: 2003 c 128 art 1 s 90​ 103B.315 COMPREHENSIVE WATER PLAN REVIEW AND ADOPTION.​ Subdivision 1. [Repealed, 2003 c 128 art 1 s 176]​ Subd. 2. [Repealed, 2003 c 128 art 1 s 176]​ Subd. 3. [Repealed, 2003 c 128 art 1 s 176]​ Subd. 4. Public hearing. The county board shall conduct a public hearing on the local water management​ plan pursuant to section 375.51.​ Subd. 5. State review. (a) After conducting the public hearing but before final adoption, the county​ board must submit its local water management plan, all written comments received on the plan, a record of​ the public hearing under subdivision 4, and a summary of changes incorporated as a result of the review​ process to the board for review. The board shall complete the review within 90 days after receiving a local​ water management plan and supporting documents. The board shall consult with the Departments of​ Agriculture, Health, and Natural Resources; the Pollution Control Agency; the Environmental Quality Board;​ and other appropriate state agencies during the review.​ (b) The board may disapprove a local water management plan if the board determines the plan is not​ consistent with state law. If a plan is disapproved, the board shall provide a written statement of its reasons​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 32​MINNESOTA STATUTES 2018​103B.314​ for disapproval. A disapproved local water management plan must be revised by the county board and​ resubmitted for approval by the board within 120 days after receiving notice of disapproval of the local​ water management plan, unless the board extends the period for good cause.​ (c) If the local government unit disagrees with the board's decision to disapprove the plan, it may, within​ 60 days, initiate mediation through the board's informal dispute resolution process as established pursuant​ to section 103B.345, subdivision 1. A local government unit may appeal disapproval to the court of appeals.​ A decision of the board on appeal is subject to judicial review under sections 14.63 to 14.69.​ Subd. 6. Adoption and implementation. A county board shall adopt and begin implementation of its​ local water management plan within 120 days after receiving notice of approval of the plan from the board.​ Subd. 7. [Repealed, 2003 c 128 art 1 s 176]​ History: 1990 c 391 art 2 s 20; 1991 c 345 art 2 s 14; 2003 c 128 art 1 s 91-93​ 103B.321 DUTIES OF THE BOARD.​ Subdivision 1. General. The board shall:​ (1) develop guidelines for the contents of local water management plans that provide for a flexible​ approach to meeting the different water and related land resources needs of counties and watersheds across​ the state;​ (2) coordinate assistance of state agencies to counties and other local units of government involved in​ preparation of local water management plans, including identification of pertinent data and studies available​ from the state and federal government;​ (3) conduct an active program of information and education concerning the requirements and purposes​ of sections 103B.301 to 103B.355 in conjunction with the Association of Minnesota Counties;​ (4) determine contested cases under section 103B.345;​ (5) establish a process for review of local water management plans that assures the plans are consistent​ with state law; and​ (6) make grants to counties for local water management planning, implementation of priority actions​ identified in approved plans, and sealing of abandoned wells.​ Subd. 2. Rulemaking. The board may adopt rules to implement sections 103B.301 to 103B.355.​ Subd. 3. [Repealed, 2003 c 128 art 1 s 176]​ History: 1990 c 391 art 2 s 21; 1991 c 254 art 2 s 36; 1999 c 86 art 3 s 8; 2003 c 2 art 1 s 13; 2003 c​ 128 art 1 s 94,95​ 103B.325 CONSISTENCY OF LOCAL PLANS AND CONTROLS WITH LOCAL WATER​ MANAGEMENT PLAN.​ Subdivision 1. Requirement. Local units of government shall amend existing water and related land​ resources plans and official controls as necessary to conform them to the applicable, approved local water​ management plan following the procedures in this section.​ Subd. 2. Procedure. Within 90 days after local units of government are notified by the county board of​ the adoption of a local water management plan or of adoption of an amendment to a comprehensive water​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.325​MINNESOTA STATUTES 2018​33​ plan, the local units of government exercising water and related land resources planning and regulatory​ responsibility for areas within the county must submit existing water and related land resources plans and​ official controls to the county board for review. The county board shall identify any inconsistency between​ the plans and controls and the local water management plan and shall recommend the amendments necessary​ to bring local plans and official controls into conformance with the local water management plan.​ Subd. 3. Revision and implementation. Local units of government shall revise existing plans and​ official controls to conform them to the recommendations of the county board and shall initiate implementation​ of the revised plans and controls within 180 days after receiving the recommendations of the county board,​ or 180 days after resolution of an appeal, whichever is later.​ Subd. 4. Appeals. A local unit of government may, within 60 days after receiving the recommendations​ of the county board, appeal any recommendation to the Board of Water and Soil Resources for a hearing as​ provided in section 103B.345.​ Subd. 5. New plans and controls. New or amended water and related land resources plans and official​ controls proposed by local units of government for their adoption following adoption of the comprehensive​ water plan shall be submitted to the county board for review and recommendation as provided under this​ section.​ History: 1990 c 391 art 2 s 22; 2003 c 128 art 1 s 96,97​ 103B.331 AUTHORITY UNDER APPROVED LOCAL WATER MANAGEMENT PLANS.​ Subdivision 1. Authority. When an approved local water management plan is adopted, the county has​ the authority specified in this section.​ Subd. 2. Regulating water and land resources. The county may regulate the use and development of​ water and related land resources within incorporated areas when one or more of the following conditions​ exists:​ (1) the municipality does not have a local water and related land resources plan or official controls​ consistent with the local water management plan;​ (2) a municipal action granting a variance or conditional use would result in an action inconsistent with​ the local water management plan;​ (3) the municipality has authorized the county to require permits for the use and development of water​ and related land resources; or​ (4) a state agency has delegated the administration of a state permit program to the county.​ Subd. 3. Acquiring property; assessing costs. A county may:​ (1) acquire in the name of the county, by condemnation under chapter 117, real and personal property​ found by the county board to be necessary for the implementation of an approved local water management​ plan;​ (2) assess the costs of projects necessary to implement the local water management plan undertaken​ under sections 103B.301 to 103B.355 upon the property benefited within the county in the manner provided​ for municipalities by chapter 429;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 34​MINNESOTA STATUTES 2018​103B.325​ (3) charge users for services provided by the county necessary to implement the local water management​ plan; and​ (4) establish one or more special taxing districts within the county and issue bonds for the purpose of​ financing capital improvements under sections 103B.301 to 103B.355.​ Subd. 4. Special taxing district. (a) A tax district authorized under subdivision 3, clause (4), must be​ established by resolution adopted by the county board after a hearing. Notice of the time, place, and purpose​ of the hearing must be published for two successive weeks in the official newspaper of the county, ending​ at least seven days before the day of the hearing. The resolution must describe with particularity the territory​ or area to be included in the tax district. After adoption, the resolution must be filed with the county auditor​ and county recorder. The district may be dissolved by following the procedures prescribed for the​ establishment of the district.​ (b) After adoption of the resolution under paragraph (a), a county may annually levy a tax on all taxable​ property in the district for the purposes for which the tax district was established. The proceeds of the tax​ must be paid into a fund reserved for these purposes. Any proceeds remaining in the reserve fund at the time​ the tax is terminated or the district is dissolved must be transferred and irrevocably pledged to the debt​ service fund of the county to be used only to reduce tax levies for bonded indebtedness of taxable property​ in the district.​ (c) After adoption of the resolution under paragraph (a), and after a contract for the construction of all​ or part of an improvement has been entered into or the work has been ordered to be done by hired labor, the​ county may issue obligations in the amount determined by the county board to be necessary to pay in whole​ or in part the capital cost incurred and estimated to be incurred in making the improvement. The obligations​ are payable out of the proceeds of the tax levied under this subdivision. The county board may, by resolution​ adopted prior to the sale of obligations, pledge the full faith, credit, and taxing power of the county to assure​ payment of the principal and interest in the event the proceeds of the tax levy in the district are insufficient​ to pay principal and interest. The amount of any taxes that are required to be levied outside of the territory​ of the tax district or taken from the general funds of the county to pay principal and interest on the obligations​ must be reimbursed to the county from taxes levied within the territory of the tax district. Obligations must​ be issued in accordance with chapter 475, except that an election is not required and the amount of any​ obligations must not be included in determining the net indebtedness of the county under the provisions of​ any law or charter limiting indebtedness.​ History: 1990 c 391 art 2 s 23; 2003 c 128 art 1 s 98-100​ 103B.335 TAX LEVY AUTHORITY.​ Subdivision 1. Local water planning and management. The governing body of any county, municipality,​ or township may levy a tax in an amount required to implement sections 103B.301 to 103B.355 or a​ comprehensive watershed management plan as defined in section 103B.3363.​ Subd. 2. Priority programs; conservation and watershed districts. A county may levy amounts​ necessary to pay the reasonable costs to soil and water conservation districts and watershed districts of​ administering and implementing priority programs identified in an approved and adopted plan or a​ comprehensive watershed management plan as defined in section 103B.3363.​ History: 1990 c 391 art 2 s 24; 1992 c 511 art 2 s 4; art 5 s 3; 2013 c 143 art 4 s 2​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.335​MINNESOTA STATUTES 2018​35​ 103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC VALUES.​ (a) The public values of wetlands must be determined based upon the functions of wetlands for:​ (1) water quality, including filtering of pollutants to surface and groundwater, utilization of nutrients​ that would otherwise pollute public waters, trapping of sediments, shoreline protection, and utilization of​ the wetland as a recharge area for groundwater;​ (2) floodwater and storm water retention, including the potential for flooding in the watershed, the value​ of property subject to flooding, and the reduction in potential flooding by the wetland;​ (3) public recreation and education, including hunting and fishing areas, wildlife viewing areas, and​ nature areas;​ (4) commercial uses, including wild rice and cranberry growing and harvesting and aquaculture;​ (5) fish, wildlife, native plant habitats;​ (6) low-flow augmentation;​ (7) carbon sequestration; and​ (8) other public uses.​ (b) The Board of Water and Soil Resources, in consultation with the commissioners of natural resources​ and agriculture and local government units, shall adopt rules establishing:​ (1) scientific methodologies for determining the functions of wetlands; and​ (2) criteria for determining the resulting public values of wetlands.​ (c) The methodologies and criteria established under this section or other methodologies and criteria​ that include the functions in paragraph (a) and are approved by the board, in consultation with the​ commissioners of natural resources and agriculture and local government units, must be used to determine​ the functions and resulting public values of wetlands in the state. The functions listed in paragraph (a) are​ not listed in order of priority.​ (d) Public value criteria established or approved by the board under this section do not apply in areas​ subject to local comprehensive wetland protection and management plans established under section​ 103G.2243.​ (e) The Board of Water and Soil Resources, in consultation with the commissioners of natural resources​ and agriculture and local government units, must identify areas of the state where preservation, enhancement,​ restoration, and establishment of wetlands would have high public value. The board, in consultation with​ the commissioners, must identify high priority areas for wetland replacement using available information​ relating to the factors listed in paragraph (a), the historic loss and abundance of wetlands, current applicable​ state and local government water management and natural resource plans, and studies using a watershed​ approach to identify current and future watershed needs. The board shall notify local units of government​ with water planning authority of these high priority areas. Designation of high priority areas is exempt from​ the rulemaking requirements of chapter 14, and section 14.386 does not apply. Designation of high priority​ areas is not effective until 30 days after publication in the State Register.​ (f) Local units of government, as part of a state-approved comprehensive local water management plan​ as defined in section 103B.3363, subdivision 3, a state-approved comprehensive watershed management​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 36​MINNESOTA STATUTES 2018​103B.3355​ plan as defined in section 103B.3363, subdivision 3a, or a state-approved local comprehensive wetland​ protection and management plan under section 103G.2243, may identify priority areas for wetland replacement​ and provide them for consideration under paragraph (e).​ History: 1991 c 354 art 2 s 4; 1996 c 462 s 3; 2009 c 176 art 1 s 25; 1Sp2015 c 4 art 4 s 75​ LOCAL WATER RESOURCES PROTECTION​ AND MANAGEMENT PROGRAM​ 103B.3361 CITATION.​ Sections 103B.3361 to 103B.3369 may be cited as the "local water resources protection and management​ program."​ History: 1989 c 326 art 2 s 8​ 103B.3363 DEFINITIONS.​ Subdivision 1. Scope. The definitions in this section apply to sections 103B.3363 to 103B.3369.​ Subd. 2. Board. "Board" means the Board of Water and Soil Resources.​ Subd. 3. Comprehensive local water management plan. "Comprehensive local water management​ plan," "comprehensive water plan," "local water plan," and "local water management plan" mean a county​ water plan authorized under section 103B.311, a watershed management plan required under section 103B.231,​ a watershed management plan required under section 103D.401 or 103D.405, or a county groundwater plan​ authorized under section 103B.255.​ Subd. 3a. Comprehensive watershed management plan. "Comprehensive watershed management​ plan" means a plan to manage the water and related natural resources of a watershed that consists of the​ plans listed in subdivision 3 or a separate plan that has been approved as a substitute by the board and adopted​ by local units of government for the same or additional purposes. The comprehensive watershed management​ plan shall be consistent with the goals of section 103A.212 and may address the goals in sections 103A.201​ to 103A.211, and chapter 114D.​ Subd. 4. Local unit of government. "Local unit of government" means a statutory or home rule charter​ city, town, county, or soil and water conservation district, watershed district, an organization formed for the​ joint exercise of powers under section 471.59, a local health board, or other special purpose district or​ authority with local jurisdiction in water and related land resources management.​ Subd. 5. Program. "Program" means a water-related program.​ History: 1989 c 326 art 2 s 9; 1990 c 391 art 10 s 3; 1991 c 160 s 1; 2003 c 128 art 1 s 101; 2012 c​ 272 s 35​ 103B.3365 [Repealed, 1995 c 184 s 32]​ 103B.3367 WATER PLAN EXTENSIONS.​ The board may grant extensions with or without conditions of the revision date of a comprehensive local​ water management plan or a comprehensive watershed management plan.​ History: 2012 c 272 s 36​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.3367​MINNESOTA STATUTES 2018​37​ 103B.3369 LOCAL WATER RESOURCES RESTORATION, PROTECTION, AND MANAGEMENT​ PROGRAM.​ Subdivision 1. Assistance priorities. State agencies may give priority to local government unit requests​ that are part of or responsive to a comprehensive plan, local water management plan, watershed management​ plan, or comprehensive watershed management plan, developed or amended, approved and adopted, according​ to chapter 103B, 103C, 103D, or 114D, when administering programs for water-related financial and technical​ assistance.​ Subd. 2. Establishment. A local water resources restoration, protection, and management program is​ established. The board may provide financial assistance to local units of government for activities that restore,​ protect, or manage water and related land quality. The activities include planning, zoning, official controls,​ best management practices, capital projects, and other activities to implement 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. 3. [Repealed, 2003 c 128 art 1 s 176]​ Subd. 4. Contracts. A local unit of government may contract to implement programs. An explanation​ of the program responsibilities proposed to be contracted must accompany grant requests. A local unit of​ government that contracts is responsible for ensuring that state funds are properly expended and for providing​ an annual report to the board describing expenditures of funds and program accomplishments.​ Subd. 5. Financial assistance. A base grant may be awarded to a county that provides a match utilizing​ a water implementation tax or other local source. A water implementation tax that a county intends to use​ as a match to the base grant must be levied at a rate sufficient to generate a minimum amount determined​ by the board. The board may award performance-based grants to local units of government that are responsible​ for implementing elements of applicable portions of watershed management plans, comprehensive plans,​ local water management plans, or comprehensive watershed management plans, developed or amended,​ adopted and approved, according to chapter 103B, 103C, or 103D. Upon request by a local government unit,​ the board may also award performance-based grants to local units of government to carry out TMDL​ implementation plans as provided in chapter 114D, if the TMDL implementation plan has been incorporated​ into the local water management plan according to the procedures for approving comprehensive plans,​ watershed management plans, local water management plans, or comprehensive watershed management​ plans under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public​ review process. Notwithstanding section 16A.41, the board may award performance-based grants on an​ advanced basis. The fee authorized in section 40A.152 may be used as a local match or as a supplement to​ state funding to accomplish implementation of comprehensive plans, watershed management plans, local​ water management plans, or comprehensive watershed management plans under this chapter and chapter​ 103C or 103D.​ Subd. 6. Conditions. (a) Grants provided to implement programs under this section must be reviewed​ by the state agency having statutory program authority to assure compliance with minimum state standards.​ At the request of the state agency commissioner, the board shall revoke the portion of a grant used to support​ a program not in compliance.​ (b) Grants may be provided to develop, amend, or implement local water management plans,​ comprehensive plans, watershed management plans, or comprehensive watershed management plans,​ approved and adopted, according to chapter 103B, 103C, 103D, or 114D.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 38​MINNESOTA STATUTES 2018​103B.3369​ (c) A local unit of government may not request or be awarded grants for project implementation unless​ a comprehensive plan, local water management plan, watershed management plan, or comprehensive​ watershed management plan has been developed or amended, adopted and approved, according to chapter​ 103B, 103C, or 103D.​ Subd. 7. [Repealed, 2002 c 220 art 8 s 16]​ Subd. 8. [Repealed, 2002 c 220 art 8 s 16]​ Subd. 9. Performance-based criteria. The board shall develop and utilize performance-based criteria​ for local water resources restoration, protection, and management programs and projects. The criteria may​ include but are not limited to science-based assessments, organizational capacity, priority resource issues,​ community outreach and support, partnership potential, potential for multiple benefits, and program and​ project delivery efficiency and effectiveness.​ History: 1989 c 326 art 2 s 10; 1990 c 391 art 10 s 3; 1990 c 597 s 15; 1990 c 604 art 3 s 1,2; 1995 c​ 184 s 26,27; 2003 c 128 art 1 s 102-105; 2009 c 176 art 1 s 26; 2012 c 272 s 37; 2013 c 143 art 4 s 3​ 103B.341 PUBLIC DRAINAGE.​ Projects necessary to implement the comprehensive water plan that are intended for the purpose of​ improving drainage must be established, repaired, and improved under chapter 103E and not sections​ 103B.301 to 103B.355.​ History: 1990 c 391 art 2 s 25​ 103B.345 RESOLVING DISPUTES.​ Subdivision 1. Informal resolution. The county or other local unit of government may request a meeting​ with the chair of the Board of Water and Soil Resources to informally resolve a dispute before initiating a​ contested case procedure under this section.​ Subd. 2. Petition for hearing. A county or other local unit of government may petition for a hearing​ by the board under this section if:​ (1) the interpretation and implementation of a comprehensive water plan is challenged by a local unit​ of government aggrieved by the plan;​ (2) two or more counties disagree about the apportionment of the costs of a project implementing a​ comprehensive water plan; or​ (3) a county and another local unit of government disagree about a change in a local water and related​ land resources plan or official control recommended by the county under section 103B.325.​ Subd. 3. Time for petition. The county or other local unit of government must file the petition by 60​ days after:​ (1) the date of the adoption or approval of the disputed ordinance or other decision required to be made​ to implement the comprehensive water plan; or​ (2) the date a local unit of government receives a recommendation of the county board under section​ 103B.325.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.345​MINNESOTA STATUTES 2018​39​ Subd. 4. Hearing. If the aggrieved county or other local unit of government files a petition for a hearing,​ a hearing must be conducted by the board within 60 days of the request. The subject of the hearing may not​ extend to questions concerning the need for a comprehensive water plan. Within 60 days after the close of​ the hearing, the board shall, by resolution containing findings of fact and conclusions of law, make a final​ decision with respect to the issue before it.​ Subd. 5. Appeal. Any local unit of government or state agency aggrieved by the final decision of the​ board may appeal the decision to the court of appeals in the manner provided by sections 14.63 to 14.69.​ History: 1990 c 391 art 2 s 26; 1991 c 214 s 1,2​ 103B.351 [Repealed, 2002 c 220 art 8 s 16]​ 103B.355 APPLICATION.​ Sections 103B.301 to 103B.335 and 103B.341 to 103B.355 do not apply in areas subject to the​ requirements of sections 103B.201 to 103B.255 under section 103B.231, subdivision 1, and in areas covered​ by an agreement under section 103B.231, subdivision 2, except as otherwise provided in section 103B.311,​ subdivision 4, clause (4).​ History: 1990 c 391 art 2 s 28; 1990 c 601 s 2; 1995 c 184 s 28; 2003 c 128 art 1 s 106; 2012 c 272 s​ 38​ SOUTH DAKOTA-MINNESOTA BOUNDARY​ WATERS COMMISSION​ 103B.451 SOUTH DAKOTA-MINNESOTA BOUNDARY WATERS COMMISSION.​ Subdivision 1. Establishment. An interstate commission known as the South Dakota-Minnesota Boundary​ Waters Commission is established. The members of the commission shall be the secretaries of the department​ of water and natural resources and the department of game, fish and parks of South Dakota and the​ commissioners of natural resources and the Pollution Control Agency of Minnesota. The fifth member shall​ be a qualified engineer appointed for a four-year term by the mutual consent of the governors of Minnesota​ and South Dakota.​ Subd. 2. Authority. (a) The commission shall have power and authority:​ (1) to investigate and determine the most desirable and beneficial levels of boundary waters artificially​ controlled and to prescribe a plan for controlling and regulating water levels;​ (2) to hold hearings and take evidence as may be presented, either after complaint or upon its own​ initiative, as to the desirability of any water level and plan of regulation, and to issue orders concerning the​ same which in its opinion are for the best interests of the public;​ (3) to plan, propose, coordinate and hold hearings on lake protection and rehabilitation projects for​ boundary waters; and​ (4) to accept and distribute grants from any source for the purposes set forth in this section.​ (b) The commission shall seek the advice of local units of government and encourage them to implement​ projects voluntarily and to enter into agreements with one another for that purpose. The commission itself​ has no authority to implement lake protection or rehabilitation projects.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 40​MINNESOTA STATUTES 2018​103B.345​ Subd. 3. Advisory committee. The commission shall establish one local advisory committee for all​ commission activities. A majority of the members of the committee shall be elected officials of local​ governmental units, including tribal governments, within the boundary waters watershed with an equal​ number of representatives from each state. The advisory committee shall be consulted prior to any activity​ conducted by the commission.​ Subd. 4. Hearings. (a) Hearings must be held at a time and place designated by the commission in​ counties affected by the subject matter.​ (b) At least two weeks' published notice of the hearings must be given by publication of the notice in a​ legal newspaper in each county bordering on the boundary waters that may be affected by the subject matter​ of the hearing.​ (c) All final orders of the commission must be published once each week for two consecutive weeks in​ a legal newspaper in each county bordering on the boundary waters that may be affected. The printer's​ affidavit of publication of all notices and orders must be filed with the commission. Hearings held pursuant​ to this section shall not be subject to the requirements of chapter 14.​ Subd. 5. Appeals. Any party aggrieved by any order or any determination of the commission under this​ section may appeal to the district court or to the circuit court, as the case may be, of a county in either state​ where the subject matter of the order or the determination is wholly or partially located, or to the district​ court of the county in either state where its capitol is located. Notice of appeal must be served upon the​ commission within 30 days from the last date of publication of the order appealed from. Appeals may​ likewise be taken from the judgments of the district court or the circuit court, as the case may be, to the​ appellate courts of their respective states as in other civil cases.​ History: 1990 c 391 art 2 s 29​ LAKE IMPROVEMENT DISTRICTS​ 103B.501 LAKE IMPROVEMENT DISTRICTS.​ Sections 103B.501 to 103B.581 may be cited as the "Lake Improvement District Law."​ History: 1990 c 391 art 2 s 30​ 103B.505 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103B.505 to 103B.581.​ Subd. 2. Board. "Board" means county board.​ Subd. 3. Commissioner. "Commissioner" means the commissioner of natural resources.​ Subd. 4. District. "District" means a lake improvement district.​ Subd. 5. Joint county authority. "Joint county authority" means a joint county authority formed by​ county boards under section 103B.525.​ Subd. 6. Property owner. "Property owner" means the owner of real property within the district or the​ buyer under contract for deed of property in the district.​ History: 1990 c 391 art 2 s 31​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.505​MINNESOTA STATUTES 2018​41​ 103B.511 ADMINISTRATION BY COMMISSIONER.​ Subdivision 1. Purpose. (a) To preserve and protect the lakes of the state and to increase and enhance​ the use and enjoyment of the lakes it is in the public interest that a statewide lake-improvement program is​ established to: preserve the natural character of lakes and their shoreland environment where feasible and​ practical; improve the quality of water in lakes; provide for reasonable assurance of water quantity in lakes,​ where feasible and practicable; and to assure protection of the lakes from the detrimental effects of human​ activities and certain natural processes. The commissioner shall coordinate and supervise a local-state​ program for the establishment of lake improvement districts by counties for lakes located within their​ boundaries, based on state guidelines and rules and compatible with all state, regional, and local plans where​ the plans exist.​ (b) In administration of this program, the commissioner of natural resources shall consult with and obtain​ advice from other state agencies on the aspects of the program over which the agencies have specific​ legislative authority, including the Department of Health and the Pollution Control Agency.​ Subd. 2. Rules. The commissioner shall adopt permanent rules to provide guidelines, criteria, and​ standards for the establishment of lake improvement districts by counties.​ History: 1990 c 391 art 2 s 32; 1995 c 233 art 2 s 56​ 103B.515 INITIATION AND ESTABLISHMENT BY COUNTY BOARD.​ Subdivision 1. Resolution of intent. The county board may initiate the establishment of a lake​ improvement district in a portion of the county under this section. The board must adopt a resolution declaring​ the intent of the board to establish a lake improvement district. The resolution must:​ (1) specify the boundaries of the district, which shall be encouraged to be as consistent as practical with​ natural hydrologic boundaries;​ (2) prescribe the water and related land resource management programs to be undertaken in the district;​ (3) state how the programs will be financed;​ (4) designate the county officer or agency that will be responsible for supervising the programs; and​ (5) set a date for a hearing on the resolution.​ Subd. 2. Notice to town board. The county board shall, at least 30 days before making an order​ establishing a lake improvement district, send the town board of a town wholly or partially within the​ boundaries of the proposed district a copy of the resolution and encourage the town board to respond to the​ proposed creation of the district.​ Subd. 3. Hearing. The county board must hold a public hearing on whether a lake improvement district​ should be established. Before the date set for the hearing, any interested person may file objections to the​ formation of the district with the county auditor. At the hearing, any interested person may offer objections,​ criticisms, or suggestions about the necessity of the proposed district and how the person's property will be​ benefited or affected by the establishment of the district.​ Subd. 4. Establishment. (a) The county board may establish a lake improvement district, by order, after​ making findings, if the board determines that the:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 42​MINNESOTA STATUTES 2018​103B.511​ (1) proposed district is necessary or that the public welfare will be promoted by the establishment of​ the district;​ (2) property to be included in the district will be benefited by establishing the district; and​ (3) formation of the district will not cause or contribute to long-range environmental pollution.​ (b) The order establishing the district must state the board's findings and specify or prescribe the items​ contained in subdivision 1, clauses (1) to (4).​ History: 1990 c 391 art 2 s 33​ 103B.521 INITIATION BY PETITION AND ESTABLISHMENT BY COUNTY BOARD.​ Subdivision 1. Petition. (a) A lake improvement district may be initiated by a petition to the county​ board. The petition must state:​ (1) the name of the proposed lake improvement district;​ (2) the necessity of the proposed district to promote public health or public welfare;​ (3) the benefits to property from the establishment of the lake improvement district;​ (4) the boundaries of the proposed district which shall be encouraged to be as consistent as possible​ with natural hydrologic boundaries;​ (5) a map of the proposed district;​ (6) the number, from five to nine, of directors proposed for the district; and​ (7) a request for establishing the district as proposed.​ (b) A petition must be signed by a majority of the property owners within the proposed lake improvement​ district described in the petition. Governmental subdivisions, other than the state or federal governments,​ owning lands within the proposed district are eligible to sign the petition.​ (c) The petition must be filed with the county auditor and addressed to the board, requesting the board​ to establish a lake improvement district to develop and provide a program of water and related land resources​ management.​ (d) The county board shall, at least 30 days before it acts on a petition, send the town board of a town​ wholly or partially within the boundaries of a proposed district a copy of the petition submitted under this​ subdivision and encourage the town board to respond to the proposed creation of the district.​ Subd. 2. Hearing. After receiving the petition, the county auditor must verify the signatures and notify​ the county board. Within 30 days after being notified of the petition, the county board must hold a public​ hearing on whether the requested lake improvement district should be established.​ Subd. 3. Establishment. Within 30 days after holding the public hearing, the county board shall, by​ order, establish or deny the establishment of the petitioned lake improvement district. An order establishing​ a district must conform to section 103B.535 and may modify the petition relating to the district's boundaries,​ functions, financing, or organization.​ History: 1990 c 391 art 2 s 34; 2003 c 91 s 1​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.521​MINNESOTA STATUTES 2018​43​ 103B.525 ESTABLISHING DISTRICT IN MORE THAN ONE COUNTY.​ Where the natural hydrologic boundaries of a proposed district extend into more than one county, the​ county boards of the counties affected may form a joint county authority and establish and maintain a lake​ improvement district jointly or cooperatively as provided in section 471.59. The district may be initiated by​ the joint county authority in the same manner as by a county board under section 103B.515 by petition to​ the affected county boards.​ History: 1990 c 391 art 2 s 35​ 103B.531 CREATION BY COMMISSIONER OF NATURAL RESOURCES.​ Subdivision 1. Petition to commissioner. If the county board of one or more of the counties affected​ has disapproved a petition for creation of a lake improvement district for an area, a petition for creation of​ a lake improvement district containing information required by section 103B.521, subdivision 1, may be​ submitted to the commissioner of natural resources.​ Subd. 2. Determination to hold hearing. Upon receipt of the petition by the commissioner and​ verification of the signatures on the petition by the county, the commissioner may, within 30 days following​ verification, hold a public hearing at the expense of the county board on the question of whether the requested​ lake improvement district shall be established. The commissioner, in determining whether to hold a public​ hearing, shall examine all facts relating to the petition, including the reasons why the petition was disapproved​ by the county.​ Subd. 3. Approving or denying petition. (a) If a hearing is not to be held, within 30 days following​ the receipt of verification by the county, or within 30 days following the holding of a hearing, the​ commissioner shall, by order, approve or disapprove the establishment of the requested lake improvement​ district.​ (b) If the commissioner determines that the establishment of the lake improvement district as requested​ in the petition would be for the public welfare and public interest, and that the purposes of section 103B.511,​ subdivision 1, would be served by the establishment of a lake improvement district, the commissioner shall​ by order approve the establishment of the lake improvement district. If the commissioner does not approve​ the establishment of the district, the commissioner shall by order disapprove the establishment.​ (c) An order approving creation may contain modifications of the area's boundaries, functions, financing,​ or organization from what was stated in the petition.​ History: 1990 c 391 art 2 s 36​ 103B.535 ORDER ESTABLISHING DISTRICT.​ An order establishing a district must state the:​ (1) name of the district;​ (2) boundaries of the district, which are encouraged to be as consistent as practical with natural hydrologic​ boundaries;​ (3) water and related land resources management programs and services to be undertaken;​ (4) manner of financing programs and services; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 44​MINNESOTA STATUTES 2018​103B.525​ (5) number, qualifications, terms of office, and method of election, removal, and filling of vacancies of​ the board of directors, including a method for property owners not present at the annual meeting to participate​ in the election of the district board.​ History: 1990 c 391 art 2 s 37; 2000 c 396 s 1​ 103B.541 PUBLICATION AND EFFECTIVE DATE.​ Subdivision 1. Publishing establishment order. If a lake improvement district is established, the county​ board, or joint county authority issuing the order establishing the district, shall publish the order once in the​ official newspapers of counties where the district is located and file the order with the secretary of state, the​ Pollution Control Agency, and the commissioner of natural resources.​ Subd. 2. Effective date. Establishment of the lake improvement district is effective 30 days after​ publication or at a later date, if specified in the establishment order.​ History: 1990 c 391 art 2 s 38​ 103B.545 REFERENDUM ON ESTABLISHMENT.​ Subdivision 1. Petition. Twenty-six percent of the property owners within the lake improvement district​ proposed by the board or a joint county authority on its own initiative under section 103B.515, by petition​ under section 103B.521, or by the commissioner under section 103B.531, may petition for a referendum on​ establishing the district before the effective date of its establishment. After receiving the petition, the county​ board, joint county authority, or commissioner that proposed establishing the district must issue an order​ staying the establishment until a referendum vote is taken of all qualified voters and property owners within​ the proposed lake improvement district.​ Subd. 2. Election. The county board or joint county authority shall conduct a special election on a date​ authorized in section 205.10, subdivision 3a. The special election must be held within the proposed lake​ improvement district. The county auditor shall administer the special election.​ Subd. 3. Question submitted to voters. The question to be submitted and voted upon by the qualified​ voters and property owners within the proposed lake improvement district must be stated substantially as​ follows:​ "Should a lake improvement district be established to provide (description of intended water and related​ land resources improvements) and financed by (description of revenue sources)?"​ Subd. 4. Certifying vote and establishment. The county auditor must certify the vote on the question​ submitted. If a majority of those voting on the question favor establishing the proposed lake improvement​ district, the stay on establishing the district is lifted. If a majority of those voting on the question do not​ favor establishing the proposed lake improvement district, the establishment is denied.​ History: 1990 c 391 art 2 s 39; 2000 c 396 s 2; 2017 c 92 art 2 s 1​ 103B.551 BOARD OF DIRECTORS.​ Subdivision 1. Membership. After a lake improvement district is established, the county board, joint​ county authority, or commissioner that established the district shall appoint persons to serve as an initial​ board of directors for the district. Subsequent board members must be elected by persons owning property​ in the district at the annual meeting of the district. The number, qualifications, terms of office, and method​ of election, removal, and filling of vacancies of directors shall be as provided in the order creating the board​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.551​MINNESOTA STATUTES 2018​45​ of directors. The initial and all subsequent boards of directors must include persons owning property within​ the district, and a majority of the directors must be residents of the district.​ Subd. 2. Compensation. The directors shall serve with compensation as determined by the property​ owners at the annual meeting and may be reimbursed for their actual expenses necessarily incurred in the​ performance of their duties in the manner provided for county employees.​ Subd. 3. Powers. County boards, joint county authorities, statutory and home rule cities, and towns​ may, by order, delegate the powers in this section to the board of directors of a district to be exercised within​ the district. Programs and services undertaken must be consistent with the statewide water and related land​ resources plan prepared by the commissioner of natural resources and with regional water and related land​ resources plans. A body of water may not be improved by using authority granted under this section unless​ the public has access to some portion of the shoreline. County boards, joint county authorities, statutory and​ home rule cities, and towns may delegate their authority to a district board of directors to:​ (1) acquire by gift or purchase an existing dam or control works that affects the level of waters in the​ district;​ (2) construct and operate water control structures that are approved by the commissioner of natural​ resources under section 103G.245;​ (3) undertake projects to change the course current or cross section of public waters that are approved​ by the commissioner of natural resources under section 103G.245;​ (4) acquire property, equipment, or other facilities, by gift or purchase to improve navigation;​ (5) contract with a board of managers of a watershed district within the lake improvement district or the​ board of supervisors of a soil and water conservation district within the district for improvements under​ chapters 103C and 103D;​ (6) undertake research to determine the condition and development of the body of water and the water​ entering it and to transmit the results of the studies to the Pollution Control Agency and other interested​ authorities;​ (7) develop and implement a comprehensive plan to eliminate water pollution;​ (8) conduct a program of water improvement and conservation;​ (9) construct a water, sewer, or water and sewer system in the manner provided by section 444.075 or​ other applicable laws;​ (10) receive financial assistance from and participate in projects or enter into contracts with federal and​ state agencies for the study and treatment of pollution problems and related demonstration programs;​ (11) make cooperative agreements with the United States or state government or other counties or cities​ to effectuate water and related land resource programs;​ (12) maintain public beaches, public docks, and other public facilities for access to the body of water;​ (13) provide and finance a government service of the county or statutory or home rule city that is not​ provided throughout the county or, if the government service is provided, the service is at an increased level​ within the district; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 46​MINNESOTA STATUTES 2018​103B.551​ (14) regulate water surface use as provided in sections 86B.205, 103G.605, and 103G.621.​ History: 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 7; 2000 c 396 s 3​ 103B.555 FINANCING.​ Subdivision 1. Revenue. The county board or joint county authority may undertake projects of​ improvement consistent with purposes of the district. To finance projects and services of the district, the​ county board or joint county authority may, only after seeking other sources of funding:​ (1) assess the costs of the projects upon benefited property within the district in the manner provided​ under chapter 429;​ (2) impose service charges on the users of lake improvement district services within the district;​ (3) issue obligations as provided in section 429.091;​ (4) levy an ad valorem tax solely on property within the lake improvement district, to be appropriated​ and expended solely on projects of special benefit to the district; or​ (5) impose or issue any combination of service charges, special assessments, obligations, and taxes.​ Subd. 2. Tax additional to other levies. A tax under subdivision 1 may be in addition to amounts levied​ on all taxable property in the county for the same or similar purposes.​ Subd. 3. Budgeting for operations. The county board or county boards forming the joint county authority​ shall include appropriate provisions in their budget for the operation of a lake improvement district.​ Subd. 4. District obligations. The district, with approval of the county board or joint county authority,​ expressed in a resolution identifying each specific improvement to which the approval applies, may exercise​ the powers of a city under chapter 429 and section 444.075, including, but not limited to:​ (1) the levy of special assessments;​ (2) the imposition of rates and charges; and​ (3) the issuance of bonds​ to finance improvements that the district may undertake.​ History: 1990 c 391 art 2 s 41; 2000 c 396 s 4; 2001 c 214 s 1​ 103B.561 VOTING BY JOINT COUNTY BOARDS.​ If a lake improvement district has been established by order of the commissioner of natural resources​ under section 103B.531, voting by county boards on joint actions of the lake improvement district shall be​ based on proportional representation for each county according to the proportion of the population of the​ lake improvement district residing within each county and not on the basis of one vote per county or one​ vote per county board member unless each county or each board member represents substantially the same​ number of persons residing within the lake improvement district.​ History: 1990 c 391 art 2 s 42​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.561​MINNESOTA STATUTES 2018​47​ 103B.565 ENFORCING ORDINANCES.​ If a lake improvement district has been established by joint county action under section 103B.525 or​ order of the commissioner of natural resources under section 103B.531, ordinances and regulations adopted​ by joint action of the affected county boards may be enforced in any part of the lake improvement district​ by personnel of any of the affected counties.​ History: 1990 c 391 art 2 s 43​ 103B.571 ANNUAL MEETING OF DISTRICT.​ Subdivision 1. Time. A district must have an annual meeting. The first annual meeting shall be scheduled​ during the month of July or August and be held annually in that period unless changed by vote of the previous​ annual meeting.​ Subd. 2. Notice. The annual meeting shall be preceded by two weeks' published notice and written notice​ mailed at least ten days in advance of the meeting to the county board or joint county authority, town boards​ and statutory and home rule charter cities wholly or partially within the district, the Pollution Control Agency,​ commissioner of natural resources, and if there is a proposed project by the district having a cost in excess​ of $5,000, all property owners within the assessment area.​ Subd. 3. Agenda. (a) At the annual meeting the district property owners present shall:​ (1) elect one or more directors to fill any midterm vacancies in the board of directors;​ (2) approve a budget for the fiscal year;​ (3) approve or disapprove proposed projects by the district having a cost to the district in excess of​ $5,000; and​ (4) take up and consider other business that comes before them.​ (b) At the annual meeting all district property owners, including absent members as provided in the​ order establishing the district, shall elect one or more directors for board positions with expiring terms.​ Subd. 4. Annual report. Each year the board of directors shall prepare and file a report of the financial​ conditions of the district, the status of all projects in the district, the business transacted by the district, other​ matters affecting the interests of the district, and a discussion of the directors' intentions for the succeeding​ years. Copies of the report shall be transmitted to the county board or joint county authority, town boards​ and city councils of statutory and home rule charter cities wholly or partially within the district, the​ commissioner of natural resources, and the Pollution Control Agency by four months after the annual meeting.​ History: 1990 c 391 art 2 s 44; 2000 c 396 s 5​ 103B.575 EXPANDING LAKE IMPROVEMENT DISTRICT.​ The boundary of a district may be enlarged by complying with the procedures to establish a district​ under sections 103B.511 to 103B.541.​ History: 1990 c 391 art 2 s 45​ 103B.581 TERMINATION.​ Subdivision 1. Petition. Termination of a district may be initiated by petition requesting the termination​ of the district. The petition must be signed by a majority of the property owners in a district within 30 days​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 48​MINNESOTA STATUTES 2018​103B.565​ after receiving a petition. The county board or joint county authority must set a time and place for a hearing​ on terminating the district.​ Subd. 2. Findings and order. If the board or joint county authority determines that the existence of the​ district is no longer in the public welfare or public interest and it is not needed to accomplish the purpose​ of the Lake Improvement District Law, the board or joint county authority shall make the findings and​ terminate the district by order. On filing a certified copy of the findings and order with the secretary of state,​ Pollution Control Agency, and commissioner of natural resources the district is terminated and ceases to be​ a political subdivision of the state.​ Subd. 3. District financing. If a district is terminated under subdivision 2, additional water and related​ land resource management programs may not be undertaken with money raised by a special tax within the​ district, and additional special water and related land resource management taxes may not be levied within​ the district. If money raised by past special tax levies within the district has been exhausted, further operation​ and maintenance of existing programs may be financed by appropriations from the general revenue fund of​ an affected county.​ History: 1990 c 391 art 2 s 46; 1999 c 86 art 1 s 18; 2003 c 91 s 2​ LAKE MINNETONKA CONSERVATION DISTRICT​ 103B.601 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103B.601 to 103B.645.​ Subd. 2. Board. "Board" means the governing board of the directors of the district.​ Subd. 3. District. "District" means the Lake Minnetonka Conservation District.​ Subd. 4. Municipality. "Municipality" means the home rule charter or statutory city of Minnetrista,​ Mound, Spring Park, Orono, Minnetonka Beach, Wayzata, Minnetonka, Woodland, Deephaven, Shorewood,​ Greenwood, Excelsior, Tonka Bay, or Victoria.​ History: 1990 c 391 art 2 s 47​ 103B.605 DISTRICT.​ Subdivision 1. Establishment. The Lake Minnetonka Conservation District established under Laws​ 1967, chapter 907, and Laws 1969, chapter 272, is a corporate and political body and a political subdivision​ of this state, and may sue and be sued, enter into contracts, and hold real and personal property for its​ purposes.​ Subd. 2. District is employer. The district is an employer within the definition of section 176.011,​ subdivision 10, and is included in the provisions of chapter 176.​ Subd. 3. District is public corporation. The district is a public corporation within the definition of​ section 466.01 and is included in the provisions of chapter 466.​ Subd. 4. Dissolution. The district may be dissolved by the decision of the governing bodies of​ three-quarters of the municipalities in the district. The decision of a town shall be made by the board of​ supervisors of the town.​ History: 1990 c 391 art 2 s 48​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.605​MINNESOTA STATUTES 2018​49​ 103B.611 BOARD.​ Subdivision 1. Composition. The district is governed by a board composed of members appointed by​ the governing bodies of the municipalities included in the district. Each municipality may appoint one​ member.​ Subd. 2. Term. The term of office of each board member is three years unless the appointing municipality​ recalls the member and either appoints another member for the balance of the term or leaves the office vacant​ for the balance of the term. This subdivision applies both to members serving on the effective date of Laws​ 1995, chapter 184, and to members appointed after the effective date of Laws 1995, chapter 184.​ Subd. 3. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G, and 115, and the rules​ and regulations of the respective agencies and governing bodies vested with jurisdiction and authority under​ those chapters, the district has the following powers on Lake Minnetonka, excluding the area of public​ drainage ditches or watercourses connected to the lake:​ (1) to regulate the types of boats permitted to use the lake and set service fees;​ (2) to regulate, maintain, and police public beaches, public docks, and other public facilities for access​ to the lake within the territory of the municipalities, provided that a municipality may supersede the district's​ action under this clause by adopting an ordinance specifically referring to the district's action by one year​ after the district's action;​ (3) to limit by rule the use of the lake at various times and the use of various parts of the lake;​ (4) to regulate the speed of boats on the lake and the conduct of other activities on the lake to secure the​ safety of the public and the most general public use;​ (5) to contract with other law enforcement agencies to police the lake and its shore;​ (6) to regulate the construction, installation, and maintenance of permanent and temporary docks and​ moorings consistent with federal and state law;​ (7) to regulate the construction and use of mechanical and chemical means of deicing the lake and to​ regulate mechanical and chemical means of removal of weeds and algae from the lake;​ (8) to regulate the construction, configuration, size, location, and maintenance of commercial marinas​ and their related facilities including parking areas and sanitary facilities. The regulation shall be consistent​ with the applicable municipal building codes and zoning ordinances where the marinas are located;​ (9) to contract with other governmental bodies to perform any of the functions of the district;​ (10) to undertake research to determine the condition and development of the lake and the water entering​ it and to transmit their studies to the Pollution Control Agency and other interested authorities, and to develop​ a comprehensive program to eliminate pollution;​ (11) to receive financial assistance from and join in projects or enter into contracts with federal and state​ agencies for the study and treatment of pollution problems and demonstration programs related to them; and​ (12) to petition the board of managers of a watershed district in which the lake conservation district is​ located for improvements under section 103D.705; a bond is not required of the lake conservation district.​ For purposes of this subdivision "watercourses connected to the lake" does not include channels​ connecting portions of the lake to one another.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 50​MINNESOTA STATUTES 2018​103B.611​ Subd. 4. Bylaws and board procedures. The board shall adopt a seal, bylaws for the regulation of the​ affairs of the district, and rules of procedure to govern the board's actions that are consistent with law.​ History: 1990 c 391 art 2 s 49; 1995 c 184 s 29,30; 2004 c 255 s 43​ 103B.615 DISTRICT OFFICERS.​ Subdivision 1. Election and terms. (a) The board shall elect from its membership a chair to serve for​ a period of one year and shall also elect a secretary and a treasurer.​ (b) The officers hold office at the pleasure of the board.​ Subd. 2. Compensation. The board shall fix the compensation of the officers.​ Subd. 3. Other officers and employees. The board may appoint other officers, agents, and employees​ who shall perform duties and receive compensation as the board determines and are removable at the pleasure​ of the board.​ History: 1986 c 444; 1990 c 391 art 2 s 50​ 103B.621 TREASURER.​ Subdivision 1. Bond. Before taking office, the treasurer shall give bond to the district in an amount to​ be determined by the board.​ Subd. 2. Duties. (a) The treasurer shall receive and is responsible for all money of the district. The​ money of the district shall be considered public funds.​ (b) The treasurer shall disburse the funds of the district in accordance with rules of the board.​ Subd. 3. Investments. (a) If there are funds not currently needed, the treasurer may invest the funds in​ treasury bonds, certificates of indebtedness, bonds or notes of the United States of America, or bonds, notes​ or certificates of indebtedness of the state of Minnesota. The bonds, certificates, or notes must mature by​ three years from the date of purchase. If the board determines that invested funds are needed for current​ purposes before the maturity dates of the bonds, certificates, or notes, the board shall notify the treasurer​ and the treasurer shall order the sale or convert the bonds, certificates, or notes into cash in the amount​ determined by the board.​ (b) The interest and profit on investments shall be credited to and constitute a part of the funds of the​ district.​ Subd. 4. Financial statement. The treasurer shall keep an account of the funds received and disbursed.​ At least once a year at times designated by the board, the treasurer must file a financial statement with the​ municipalities forming the district showing in appropriate and identifiable groupings:​ (1) the receipts and disbursements since the last approved financial statement;​ (2) the money on hand;​ (3) the purposes for which the money of the district is appropriated;​ (4) an account of all bonds, certificates, or notes purchased and the funds from which they were purchased;​ and​ (5) the interest and profit that has accrued from investments.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.621​MINNESOTA STATUTES 2018​51​ Subd. 5. Compensation for clerks. The district may pay to the treasurer compensation to cover hiring​ clerks to carry out the treasurer's duties.​ History: 1990 c 391 art 2 s 51​ 103B.625 EXECUTIVE DIRECTOR.​ Subdivision 1. Appointment. The board may appoint an executive director for the district. The executive​ director shall serve at the pleasure of the board and shall receive compensation as determined by the board.​ Subd. 2. Duties and powers. Under the supervision of the board, the executive director:​ (1) is the executive and operating officer of the district;​ (2) is responsible for the operation, management, and promotion of all activities with which the district​ is charged and other duties prescribed by the board; and​ (3) has the powers necessarily incident to the performance of the duties of the executive director and​ other powers granted by the board, but without authority to incur liability or make expenditures on behalf​ of the district without general or specific directions by the board, as shown by the bylaws or minutes of its​ meetings.​ History: 1990 c 391 art 2 s 52​ 103B.631 PERFORMANCE OF DUTIES AND EXPENSES.​ Subdivision 1. Duties may be performed by municipal employees. The duties of the district may be​ executed by employees of the municipalities.​ Subd. 2. Expenses. The expenses of the district shall be borne by the municipalities. The portion of the​ expenses of the district borne by each municipality must be in proportion to its net tax capacity provided​ that the portion of any one municipality may not be more than 20 percent of the total expense or less than​ $200.​ History: 1990 c 391 art 2 s 53​ 103B.635 DISTRICT FUNDING.​ Subdivision 1. Budget. The board must, on or before July 1 each year, prepare and submit a detailed​ budget of the district's needs for the next calendar year to the governing body of each municipality in the​ district with a statement of the proportion of the budget to be provided by each municipality. The governing​ body of each municipality in the district shall review the budget and the board, upon notice from a​ municipality, must hear objections to the budget. After the hearing, the board may modify or amend the​ budget. Notice must be given to the municipalities of modifications or amendments.​ Subd. 2. Municipal funding. (a) The governing body or board of supervisors of each municipality in​ the district must provide the funds necessary to meet its proportion of the total cost determined by the board,​ provided the total funding from all municipalities in the district for the costs shall not exceed an amount​ equal to .00242 percent of the total estimated market value within the district, unless three-fourths of the​ municipalities in the district pass a resolution concurring to the additional costs.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 52​MINNESOTA STATUTES 2018​103B.621​ (b) The funds must be deposited in the treasury of the district in amounts and at times as the treasurer​ of the district requires.​ History: 1990 c 391 art 2 s 54; 1993 c 375 art 7 s 1; 2013 c 143 art 14 s 9​ 103B.641 DISTRICT REGULATIONS.​ Subdivision 1. Authority and effect. (a) The district may adopt rules and regulations to effectuate the​ purpose of its establishment and the powers granted to the district.​ (b) The rules and regulations have the effect of an ordinance if declared by the board of directors of the​ district and stated in the rule or regulation.​ (c) The rules and regulations of the district may be enforced by the district by injunction in addition to​ penalties under this section.​ Subd. 2. Adoption procedure. (a) A rule or regulation must be suitably titled.​ (b) A rule or regulation must be adopted by a majority vote of all of the members of the board of directors.​ The adopted rule or regulation must be signed by the chair, attested by the secretary of the board, and​ published once in an official newspaper.​ (c) Proof of publication must be attached to and filed with the rule or regulation. Each rule and regulation​ must be recorded in the rule and regulation book by 20 days after its publication.​ Subd. 3. Penalty. A person who violates a rule or regulation that has the force and effect of an ordinance​ is guilty of a misdemeanor and subject to a sentence of not more than 90 days plus costs or a fine of not​ more than $100 plus costs.​ History: 1990 c 391 art 2 s 55​ 103B.645 PROSECUTING VIOLATIONS.​ Subdivision 1. Complaint for violation. A prosecution for a violation of a rule or regulation shall be​ brought in the name of the district upon complaint and warrant as in other criminal cases. If the accused is​ arrested without a warrant, a written complaint shall be made, to which the accused shall be required to​ plead, and a warrant shall issue on the complaint. The warrant and all other process in such cases shall be​ directed for service to a police officer, court officer, or sheriff of any of the municipalities in the district.​ Subd. 2. Complaint. It is a sufficient pleading of the rules and regulations of the district to refer to them​ by section and number or chapter, or any other way that clearly reflects the rules and regulations that are​ the subject of the pleading. The rules and regulations shall have the effect of general laws within the district​ and need not be given in evidence upon the trial of an action.​ Subd. 3. Appeal to district court. Appeals may be taken from the district court in the same manner as​ from judgments in civil actions.​ History: 1990 c 391 art 2 s 56; 2005 c 10 art 2 s 4​ WHITE BEAR LAKE CONSERVATION DISTRICT​ 103B.651 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103B.655 to 103B.691.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.651​MINNESOTA STATUTES 2018​53​ Subd. 2. Board. "Board" means the governing board of the district.​ Subd. 3. District. "District" means the White Bear Lake Conservation District.​ Subd. 4. Municipality. "Municipality" means the city of White Bear Lake, the town of White Bear, the​ city of Birchwood, the city of Mahtomedi, or the city of Dellwood.​ History: 1990 c 391 art 2 s 57​ 103B.655 DISTRICT.​ Subdivision 1. Establishment. The White Bear Lake Conservation District established under Laws​ 1971, chapter 355, as amended by Laws 1974, chapter 111, and Laws 1977, chapter 322, is a corporate and​ political body, and may sue and be sued, enter into contracts, and hold real and personal property for its​ purposes.​ Subd. 2. District is employer. The district is an employer within the definition of section 176.011,​ subdivision 10, and is included in the provisions of chapter 176.​ Subd. 3. District is political and corporate body. The district is a public corporation and a political​ subdivision of the state. The district is also within the definition of section 466.01, and is included in the​ provisions of chapter 466.​ Subd. 4. Dissolution. The district may be dissolved by the decision of the governing bodies of four of​ the municipalities in the district. The decision of a town shall be made by the board of supervisors of the​ town.​ History: 1990 c 391 art 2 s 58​ 103B.661 BOARD.​ Subdivision 1. Membership. (a) The district shall be governed by the board composed of members​ elected by the governing bodies of the municipalities included in the district. Each municipality shall elect​ two members.​ (b) The term of office of each member shall be three years.​ Subd. 2. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G, and 115, and the rules​ and regulations of the respective agencies and governing bodies vested with jurisdiction and authority under​ those chapters, the district has the following powers to:​ (1) regulate the types of boats permitted to use the lake and set service fees;​ (2) limit the use of motors, including their types and horsepower, on the lake;​ (3) regulate, maintain, and police public beaches, public docks, and other public facilities for access to​ the lake within the territory of the municipalities;​ (4) limit by rule the use of the lake at various times and the use of various parts of the lake;​ (5) regulate the speed of boats on the lake and the conduct of other activities on the lake to secure the​ safety of the public and the most general public use;​ (6) contract with other law enforcement agencies to police the lake and its shores;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 54​MINNESOTA STATUTES 2018​103B.651​ (7) regulate the construction, installation, and maintenance of permanent and temporary docks and​ moorings consistent with federal and state law;​ (8) regulate the construction and use of mechanical and chemical means of deicing the lake and to​ regulate the mechanical and chemical means of removal of weeds and algae from the lake;​ (9) regulate the construction, configuration, size, location, and maintenance of commercial marinas and​ their related facilities including parking areas and sanitary facilities. The regulation shall be consistent with​ the applicable municipal building codes and zoning ordinances where said marinas are situated;​ (10) contract with other governmental bodies to perform any of the functions of the district;​ (11) undertake research to determine the condition and development of the lake and the water entering​ it and to transmit their studies to the Pollution Control Agency and other interested authorities; and to develop​ a comprehensive program to eliminate pollution;​ (12) receive financial assistance from and join in projects or enter into contracts with federal and state​ agencies for the study and treatment of pollution problems and demonstration programs related to them;​ (13) petition the board of managers of a watershed district where the White Bear Lake Conservation​ District is located for improvements under section 103D.705, for which a bond may not be required of the​ district; and​ (14) to require the submission of all plans pertaining to or affecting construction or other lakeshore use​ on any lot or parcel of land abutting the shoreline including: length of setback from the shoreline, adjoining​ property, or any street or highway; problems of population density; possible water, air or visual pollution;​ or height of construction. The board shall have 60 days after submission of plans or any part thereof for​ review. If, within 60 days of submission the board finds the plan or any part is inconsistent with its plans​ or ordinances, it may recommend that the plan or any part be revised and resubmitted.​ Subd. 3. Bylaws and board procedures. The board shall adopt a seal, bylaws for the regulation of the​ affairs of the district, and rules of procedure to govern the board's actions that are consistent with law.​ History: 1990 c 391 art 2 s 59; 2011 c 107 s 52​ 103B.665 DISTRICT OFFICERS AND EMPLOYEES.​ Subdivision 1. Election and terms. (a) The board shall elect from its membership the following officers​ to serve for a period of one year: chair, vice-chair, secretary, and treasurer. The offices of secretary and​ treasurer shall be combined unless a resolution is adopted to the contrary by the board prior to the election.​ (b) The officers shall hold office at the pleasure of the board.​ Subd. 2. Compensation. The board shall set the compensation of the officers.​ Subd. 3. Employees. The board may appoint other officers, agents, and employees who shall perform​ duties and receive compensation as the board determines and are removable at the pleasure of the board.​ History: 1990 c 391 art 2 s 60​ 103B.671 TREASURER.​ Subdivision 1. Bond. Before taking office, the treasurer shall give bond to the district in an amount to​ be determined by the board.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.671​MINNESOTA STATUTES 2018​55​ Subd. 2. Duties. (a) The treasurer shall receive and is responsible for the money of the district. The​ money of the district shall be considered public funds.​ (b) The treasurer shall disburse the funds of the district in accordance with rules of the board.​ Subd. 3. Investments. (a) If funds are not currently needed, the treasurer may invest the funds in treasury​ bonds, certificates of indebtedness, bonds or notes of the United States of America, or bonds, notes, or​ certificates of indebtedness of the state of Minnesota. The bonds, notes, or certificates must mature by three​ years from the date of purchase.​ (b) If the board determines that invested funds are needed for current purposes before the maturity dates​ of the securities held, the board shall certify to the treasurer and the treasurer shall order the sale or conversion​ of the bonds, notes, or certificates needed into cash.​ (c) The interest and profit on investments shall be credited to and constitute a part of the funds of the​ district.​ Subd. 4. Accounting and records. The treasurer shall keep an account of the funds received and​ disbursed. At least once a year, at times designated by the board, the treasurer must file with the municipalities​ forming the district a financial statement of the district showing in appropriate and identifiable groupings:​ (1) the receipts and disbursements since the last approved statements;​ (2) the money on hand and the purposes for which the money is appropriated; and​ (3) an account of bonds, notes, and certificates purchased, the funds from which they were purchased,​ and the interest and profit accrued on the investment.​ Subd. 5. Compensation for clerks. The district may pay to the treasurer compensation to cover hiring​ clerks and to carry out the treasurer's duties.​ History: 1990 c 391 art 2 s 61​ 103B.675 EXECUTIVE DIRECTOR.​ Subdivision 1. Appointment. (a) The board may appoint an executive director.​ (b) The executive director is the executive and operating officer of the district, shall serve at the pleasure​ of the board, and shall receive compensation set by the board.​ Subd. 2. Duties and powers. (a) Under the supervision of the board, the executive director is responsible​ for the operation, management, and promotion of all activities of the district and other duties prescribed by​ the governing board.​ (b) The executive director has the powers necessarily incident to the performance of the executive​ director's duties and other powers granted by the board, except the director does not have authority to incur​ liability or make expenditures on behalf of the district without general or specific directions by the board​ as shown by the bylaws or minutes of the board's meetings.​ History: 1990 c 391 art 2 s 62​ 103B.681 RULES.​ Subdivision 1. Authority. The district may adopt rules to effectuate the purposes of its establishment​ and the powers granted to the district. All rules must be suitably entitled.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 56​MINNESOTA STATUTES 2018​103B.671​ Subd. 2. Effect of rules. The rules have the force and effect of an ordinance if declared by the board​ and stated in the rules.​ Subd. 3. Procedure. (a) A rule must be enacted by a majority vote of all the members of the board. The​ rule must be signed by the chair and attested by the secretary.​ (b) The rule must be published once in official newspapers of Washington and Ramsey Counties. Proof​ of publication shall be attached to and filed with the rule.​ (c) A rule must be recorded in the rule book within 20 days after its publication.​ Subd. 4. Criminal penalty. (a) A violation of rule is a misdemeanor and punishable by a sentence of​ not more than 90 days plus costs or a fine of not more than $300 plus costs.​ (b) All prosecutions for violations of rules shall be brought in the name of the district upon complaint​ and warrant as in other criminal cases.​ Subd. 5. Injunction. The rules may be enforced by the district by injunction in addition to other penalties​ provided.​ History: 1986 c 444; 1990 c 391 art 2 s 63​ 103B.683 PROSECUTING VIOLATIONS.​ Subdivision 1. Complaint for violation. A prosecution for a violation of a rule or regulation shall be​ brought in the name of the district upon complaint and warrant as in other criminal cases. If the accused is​ arrested without a warrant, a written complaint shall be made, to which the accused shall be required to​ plead, and a warrant shall issue on the complaint. The warrant and all other process in such cases shall be​ directed for service to a police officer, court officer, or sheriff of any of the municipalities in the district.​ Subd. 2. Complaint. It is a sufficient pleading of the rules and regulations of the district to refer to them​ by section and number or chapter, or any other way that clearly reflects the rules and regulations that are​ the subject of the pleading. The rules and regulations shall have the effect of general laws within the district​ and need not be given in evidence upon the trial of an action.​ Subd. 3. Appeal to district court. Appeals may be taken from the district court in the same manner as​ from judgments in civil actions.​ History: 1990 c 391 art 2 s 64; 2005 c 10 art 2 s 4​ 103B.685 PERFORMANCE OF DUTIES AND EXPENSES.​ Subdivision 1. Duties. The duties of the district may be executed by employees of the municipalities.​ Subd. 2. Expenses. The expenses of the district shall be borne by the municipalities. The portion of the​ expenses of the district borne by each municipality must be in proportion to its net tax capacity, except a​ municipality's portion may not be less than $200 per year.​ History: 1990 c 391 art 2 s 65​ 103B.691 DISTRICT FUNDING.​ Subdivision 1. Budget. The board must, on or before July 1 each year, prepare and submit a detailed​ budget of the district's needs for the next calendar year to the governing body of each municipality in the​ district with a statement of the proportion of the budget to be provided by each municipality. The governing​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.691​MINNESOTA STATUTES 2018​57​ body of each municipality in the district shall review the budget and the board upon notice from a municipality​ must hear objections to the budget. After the hearing, the board may modify or amend the budget. Notice​ must be given to the municipalities of modifications or amendments.​ Subd. 2. Municipal funding. (a) The governing body or board of supervisors of each municipality in​ the district shall provide the funds necessary to meet its proportion of the total cost to be borne by the​ municipalities as finally certified by the board.​ (b) The municipality's funds may be raised by any means within the authority of the municipality. The​ municipalities may each levy a tax not to exceed .02418 percent of estimated market value on the taxable​ property located in the district to provide the funds. The levy shall be within all other limitations provided​ by law.​ (c) The funds must be deposited into the treasury of the district in amounts and at times as the treasurer​ of the district requires.​ History: 1990 c 391 art 2 s 66; 2013 c 143 art 14 s 10​ 103B.701 [Repealed, 2014 c 248 s 19]​ 103B.702 [Repealed, 2014 c 248 s 19]​ 103B.801 COMPREHENSIVE WATERSHED MANAGEMENT PLANNING PROGRAM.​ Subdivision 1. Definitions. The definitions under section 103B.3363, subdivisions 2 to 4, apply to this​ section.​ Subd. 2. Program purposes. The purposes of the comprehensive watershed management plan program​ under section 103B.101, subdivision 14, paragraph (a), are to:​ (1) align local water planning purposes and procedures under this chapter and chapters 103C and 103D​ on watershed boundaries to create a systematic, watershed-wide, science-based approach to watershed​ management;​ (2) acknowledge and build off existing local government structure, water plan services, and local capacity;​ (3) incorporate and make use of data and information, including watershed restoration and protection​ strategies under section 114D.26;​ (4) solicit input and engage experts from agencies, citizens, and stakeholder groups;​ (5) focus on implementation of prioritized and targeted actions capable of achieving measurable progress;​ and​ (6) serve as a substitute for a comprehensive plan, local water management plan, or watershed​ management plan developed or amended, approved, and adopted, according to this chapter or chapter 103C​ or 103D.​ Subd. 3. Coordination. The board shall develop policies for coordination and development of​ comprehensive watershed management plans. To ensure effectiveness and accountability in meeting the​ purposes of subdivision 2, these policies must address, at a minimum:​ (1) a boundary framework consistent with section 103B.101, subdivision 14, paragraph (a), and​ procedures, requirements, and criteria for establishing or modifying the framework consistent with the goals​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 58​MINNESOTA STATUTES 2018​103B.691​ of section 103A.212. The metropolitan area, as defined under section 473.121, subdivision 2, may be​ considered for inclusion in the boundary framework. If included, the metropolitan area is not excluded from​ the water management programs under sections 103B.201 to 103B.255;​ (2) requirements for coordination, participation, and commitment between local government units in​ the development, approval, adoption, and implementation of comprehensive watershed management plans​ within planning boundaries identified according to this subdivision;​ (3) requirements for consistency with state agency-adopted water and natural resources-related plans​ and documents required by this chapter and chapters 103A, 103C, 103D, 103E, 103F, 103G, and 114D; and​ (4) procedures for plan development, review, and approval consistent with the intent of sections 103B.201,​ 103B.255, 103B.311, 103B.321, 103D.401, and 103D.405. If the procedures in these sections are contradictory​ as applied to a specific proceeding, the board must establish a forum where the public interest conflicts​ involved can be presented and, by consideration of the whole body of water law, the controlling policy can​ be determined and apparent inconsistencies resolved.​ Subd. 4. Plan content. The board shall develop policies for required comprehensive watershed​ management plan content consistent with comprehensive local water management planning. To ensure​ effectiveness and accountability in meeting the purposes of subdivision 2, plan content must include, at a​ minimum:​ (1) an analysis and prioritization of issues and resource concerns;​ (2) measurable goals to address the issues and concerns, including but not limited to:​ (i) restoration, protection, and preservation of natural surface water and groundwater storage and retention​ systems;​ (ii) minimization of public capital expenditures needed to correct flooding and water quality problems;​ (iii) restoration, protection, and improvement of surface water and groundwater quality;​ (iv) establishment of more uniform local policies and official controls for surface water and groundwater​ management;​ (v) identification of priority areas for wetland enhancement, restoration, and establishment;​ (vi) identification of priority areas for riparian zone management and buffers;​ (vii) prevention of erosion and soil transport into surface water systems;​ (viii) promotion of groundwater recharge;​ (ix) protection and enhancement of fish and wildlife habitat and water recreational facilities; and​ (x) securing other benefits associated with the proper management of surface water and groundwater;​ (3) a targeted implementation schedule describing at a minimum the actions, locations, timeline, estimated​ costs, method of measurement, and identification of roles and responsible government units;​ (4) a description of implementation programs, including how the implementation schedule will be​ achieved and how the plan will be administered and coordinated between local water management​ responsibilities; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103B.801​MINNESOTA STATUTES 2018​59​ (5) a land and water resource inventory.​ Subd. 5. Timelines; administration. (a) The board shall develop and adopt, by June 30, 2016, a transition​ plan for development, approval, adoption, and coordination of plans consistent with section 103A.212. The​ transition plan must include a goal of completing statewide transition to comprehensive watershed management​ plans by 2025. The metropolitan area may be considered for inclusion in the transition plan.​ (b) The board may use the authority under section 103B.3369, subdivision 9, to support development​ or implementation of a comprehensive watershed management plan under this section.​ Subd. 6. Authority. Notwithstanding any laws to the contrary, the authorities granted to local government​ through this chapter and chapters 103C and 103D are retained when a comprehensive watershed management​ plan is adopted as a substitute for a watershed management plan required under section 103B.231, a county​ groundwater plan authorized under section 103B.255, a county water plan authorized under section 103B.311,​ a comprehensive plan authorized under section 103C.331, or a watershed management plan required under​ section 103D.401 or 103D.405.​ History: 1Sp2015 c 2 art 2 s 12​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 60​MINNESOTA STATUTES 2018​103B.801​