3. Legislative Update, Senator Julianne Ortmann
3
Engelhardt, Karen
Subject:
Attachments:
Sen.Julianne Ortman Oulianne@senate.mn]
Wednesday, January 06, 2010 11 :40 AM
mpodhradsky@chaskamn.com; pplekkenpol@ci.carver.mn.us; Engelhardt, Karen; Kelly
Grinnell; info@ci.victoria.mn.us; DMandt@ci.watertown.mn.us; tsimmons@cityofnya.com;
cityadmin@frontiernet.net; ngcityhall@frontiernet.net; hamburgcity@mchsi.com;
sarntz@waconia.org
Legislation Suggestions
09-0695SWCD.pdf; sgs1 0-02MetCouncil.pdf
From:
Sent:
To:
Dear City Administrators,
Please see the following letter and share with your city council. Thank
you, Julianne
Greetings!
The 2010 Legislative Session is fast approaching. I look forward to
getting together to speak with you regarding this upcoming session,
especially regarding the large budget deficit which will be the
Legislature's primary challenge this year.
I write today for a few reasons. The first is to inform you of my
intention of meeting with your city council to discuss the budget outlook
for the Legislature in 2010 and how the deficit may affect your city. I
would like to see your city's budget goals. I would also ask that you send
any specific bonding bill requests to me as soon as possible, as those
bills will be coming together quickly.
The second is to ask you to consider and make suggestions regarding how
government services, both local and statewide, may be consolidated and
made more efficient. This may come in the form of eliminating duplicative
services, repealing unfunded mandates, or streamlining government
processes. I have attached two pieces of draft legislation as suggestions
for your review. I am not yet 100% committed to these ideas -- I simply
hope they can be used as a starting point for brainstorming how to make
our government services more efficient. I hope to discuss these ideas and
others that you may have when I come to your city council meeting. For
those cities whom I have already visited or will visit in the near future,
I am willing to come back for a working group to discuss your suggestions
on these and other pieces of cost-saving legislation. If you are able,
please send me suggestions via e-mail before our meeting so I can be as
prepared as possible.
Thank you very much for your time and consideration of these ideas. I look
forward to working with you all this upcoming Session.
Happy New Year!
J.O.
Office of Julianne Ortman
State Senator, District 34
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1.1 A bill for an act
1.2 relating to waters; abolishing soil and water conservation districts, watershed
1.3 districts, and watershed management organizations; reassigning certain duties;
1.4 requiring rulemaking; amending Minnesota Statutes 2008, sections 4A.07,
1.5 subdivision 1; lOA.Ol, subdivision 35; 15.99; 17.117, subdivisions 4,6, 6a;
1.6 17.844; 18B.Ol, subdivision 14a; 40A.1O, subdivision 2; 40A.11, subdivision
1.7 4; 40A.14, subdivision 2; 40A.15, subdivision 5; 86B.205, subdivision 8;
1.8 89.62, subdivision 2; 97A.145, subdivision 2; 103B.lOl, subdivisions 2,9,
1.9 10; 103B.102, subdivisions 2, 4; 103B.205, subdivisions 3, lOb; 103B.231,
1.10 subdivisions 3, 3a, 4, 7, 9, 10, 14; 103B.235, subdivisions 3, 3a, 4, 5;
1.11 103B.241; 103B.252; 103B.253; 103B.255, subdivisions 4,8,10, 13; 103B.305,
1.12 subdivision 5; 103B.335, subdivision 2; 103B.3363, subdivisions 3, 4; 103B.551,
1.13 subdivision 3; 103B.611, subdivision 3; 103B.661, subdivision 2; 103E.005,
1.14 subdivision 29; 103E.021, subdivision 6; 103E.321, subdivision 2; 103E.701,
1.15 subdivision 2; 103E.735, subdivision 2; 103E.805, subdivision 2; 103E.812,
1.16 subdivisions 4,5; 103F.l11, subdivision 6; 103F.173; 103FAOl, subdivisions
1.17 8,12; 103FA11, subdivisions 1,3; 103FA21, subdivisions 1,2,3; 103FA31;
1.18 103FA41, subdivision 2; 103FA45, subdivisions 1,2; 103F.612, subdivision
1.19 3; 103F.613, subdivision 3; 103F.711, subdivision 5; 103F.731, subdivision 2;
1.20 103F.735, subdivision 2; 103F.801, subdivision 3; 103F.901, subdivision 5;
1.21 103F.950, subdivision 1; 103G.005, subdivision lOe; 103G.201; 103G.2212,
1.22 subdivision 3; 103G.2241, subdivisions 1, 10; 103G.2242, subdivisions 2, 2a,
1.23 5,6, 7; 103G.2243, subdivision 1; 103G.2372, subdivisions 1,3; 103G.245,
1.24 subdivision 5; 103G.271, subdivision 4; 103G.295, subdivisions 1, 3, 5;
1.25 103G.301, subdivisions 6, 7; 103G.311, subdivisions 2,5; 1 03G.315, subdivision
1.26 11; 103GA05; 103GA07; 103H.101, subdivisions 1,2; 103H.111; 103H.151,
1.27 subdivision 3; 103H.201, subdivision 4; 1031.112; 1031.205, subdivision 9;
1.28 114D.20, subdivision 5; 114D.30, subdivision 2; 116D.04, subdivision la;
1.29 117.012, subdivision 3; 117.025, subdivision 10; 204B.06, subdivision 1;
1.30 204B.11, subdivision 1; 204B.135, subdivision 2; 273.111, subdivision 14;
1.31 275.066; 275.07, subdivision 1; 351.14, subdivision 5; 353.01, subdivision 6;
1.32 355.01, subdivisions 11, 12; 383A.281, subdivision 13; 394.25, subdivision 9;
1.33 471.88, subdivision 1; 471.98, subdivision 2; 473.173, subdivision 5; 473.208;
1.34 473H.06, subdivisions 1, 7; 473H.08, subdivision 4; 473H.16, subdivision 2;
1.35 500.24, subdivision 4; repealing Minnesota Statutes 2008, sections 40A.02,
1.36 subdivision 9; 89.37, subdivision 3a; 103B.205, subdivisions 12, 13; 103B.211;
1.37 103B.215; 103B.221; 103B.225; 103B.227; 103B.231, subdivision 2; 103B.251;
1.38 103B.255, subdivision 2; 103B.305, subdivision 9; 103C.001; 103C.005;
1.39 103C.009; 103C.101; 103C.201; 103C.205; 103C.211; 103C.215; 103C.221;
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2.1 lO3C.225; lO3C.231; lO3C.235; lO3C.305; lO3C.31l; lO3C.315; lO3C.321;
2.2 lO3C.325; lO3C.331; lO3C.335; lO3C.401; lO3C.405; 103C.501; lO3C.601;
2.3 lO3C.605; lO3C.61l; lO3C.615; 103C.621; 103C.625; lO3C.631; lO3C.635;
2.4 103D.00I; lO3D.Oll; 103D.101; 103D.105; lO3D.11l; lO3D.201; lO3D.205;
2.5 I03D.21l; 103D.215; lO3D.221; lO3D.225; lO3D.231; lO3D.251; I03D.255;
2.6 I03D.261; lO3D.265; lO3D.271; lO3D.301; lO3D.305; lO3D.31l; I03D.315;
2.7 lO3D.32I; lO3D.325; lO3D.331; 103D.335; lO3D.337; I03D.341; lO3D.345;
2.8 lO3D.35I; 103D.355; lO3D.401; lO3D.405; 103D.41l; lO3D.50I; lO3D.505;
2.9 lO3D.511; lO3D.515; lO3D.521; lO3D.525; lO3D.531; lO3D.535; lO3D.537;
2.10 lO3D.539; lO3D.541; lO3D.545; lO3D.55I; lO3D.60I; lO3D.605; lO3D.61l;
2.11 lO3D.615; lO3D.62I; lO3D.625; lO3D.63I; 103D.635; lO3D.641; lO3D.701;
2.12 lO3D.705; lO3D.71l; I03D.715; lO3D.721; lO3D.725; lO3D.729; lO3D.730;
2.13 lO3D.73I; 103D.735; lO3D.74I; lO3D.745; lO3D.801; lO3D.805; lO3D.81l;
2.14 lO3D.815; I03D.82I; lO3D.901; lO3D.905; lO3D.91l; lO3D.915; lO3D.921;
2.15 lO3D.925; I03E.235, subdivision 3; lO3F.612, subdivision 8; I03F.90I,
2.16 subdivisions 6, 7; 383A.60I; 383A602; 383A.603; 383A604; 383A605;
2.17 444.075, subdivision 2a.
2.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.19 Section 1. Minnesota Statutes 2008, section 4A07, subdivision 1, is amended to read:
2.20 Subdivision 1. Definitions. (a) "Local unit of government" means a county, statutory
2.21 or home rule charter city, or town, 01 ~vl\tG15h.:d di51.11"t.
2.22 (b) "Sustainable development" means development that maintains or enhances
2.23 economic opportunity and community well-being while protecting and restoring the
2.24 natural environment upon which people and economies depend. Sustainable development
2.25 meets the needs of the present without compromising the ability of future generations
2.26 to meet their own needs.
2.27 Sec. 2. Minnesota Statutes 2008, section lOAOI, subdivision 35, is amended to read:
2.28 Subd. 35. Public official. "Public official" means any:
2.29 (1) member of the legislature;
2.30 (2) individual employed by the legislature as secretary of the senate, legislative
2.31 auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
2.32 legislative analyst, or attorney in the Office of Senate Counsel and Research or House
2.33 Research;
2.34 (3) constitutional officer in the executive branch and the officer's chief administrative
2.35 deputy;
2.36 (4) solicitor general or deputy, assistant, or special assistant attorney general;
2.37 (5) commissioner, deputy commissioner, or assistant commissioner of any state
2.38 department or agency as listed in section 15.01 or 15.06, or the state chief information
2.39 officer;
Sec. 2.
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3.1 (6) member, chief administrative officer, or deputy chief administrative officer of a
3.2 state board or commission that has either the power to adopt, amend, or repeal rules under
3.3 chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.4 (7) individual employed in the executive branch who is authorized to adopt, amend,
3.5 or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.6 (8) executive director of the State Board ofInvestment;
3.7 (9) deputy of any official listed in clauses (7) and (8);
3.8 (10) judge of the Workers' Compensation Court of Appeals;
3.9 (11) administrative law judge or compensation judge in the State Office of
3.]0 Administrative Hearings or unemployment law judge in the Department of Employment
3.] ] and Economic Development;
3.]2 (12) member, regional administrator, division director, general counsel, or operations
3.13 manager of the Metropolitan Council;
3.]4 (13) member or chief administrator of a metropolitan agency;
3.15 (14) director of the Division of Alcohol and Gambling Enforcement in the
3.]6 Department of Public Safety;
3.]7 (15) member or executive director of the Higher Education Facilities Authority;
3.]8 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
3.] 9 (17) member of the board of directors or executive director of the Minnesota State
3.20 High School League;
3.2] (18) member of the Minnesota Ballpark Authority established in section 473.755;
3.22 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
3.23 (20) mltllag.c! of a vvat~!~hcd di~t1iet, or member of a vv1tter~hcd management
3.24 o!g,alliLatioll as d~fil1ed unde! ~c~tion lOJD.205, ~t1bdil'i~iolllJ,
3.25 (21) ~tlp~lvi~Ol of a ~oilll1ld ~~1ttC! Gon~~lI'atiOll di~hiGt,
3.26 fZZt director of Explore Minnesota Tourism; or
3.27 ~Q12 citizen member of the Lessard Outdoor Heritage Council established
3.28 in section 97 A.056.
3.29 Sec. 3. Minnesota Statutes 2008, section 15.99, is amended to read:
3.30 15.99 TIME DEADLINE FOR AGENCY ACTION.
3.3] Subdivision 1. Definitions. (a) For purposes of this section, the following terms
3.32 shall have the meanings given.
3.33 (b) "Agency" means a department, agency, board, commission, or other group in
3.34 the executive branch of state government; a statutory or home rule charter city, county,
Sec. 3.
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4.1 town, or school district; any metropolitan agency or regional entity; and any other political
4.2 subdivision of the state.
4.3 (c) "Request" means a written application related to zoning, septic systems,
4.4 vvll:klllhCd dillttict lc,viCvv, ~e.il and ~~lttCl c,on~c,l vlltion dilltIic,t lc,vicvy, or the expansion of
4.5 the metropolitan urban service area, for a permit, license, or other governmental approval
4.6 of an action. A request must be submitted in writing to the agency on an application form
4.7 provided by the agency, if one exists. The agency may reject as incomplete a request not
4.8 on a form of the agency if the request does not include information required by the agency.
4.9 A request not on a form of the agency must clearly identify on the first page the specific
4.10 permit, license, or other governmental approval being sought. No request shall be deemed
4.11 made if not in compliance with this paragraph.
4.12 (d) "Applicant" means a person submitting a request under this section. An applicant
4.13 may designate a person to act on the applicant's behalf regarding a request under this
4.14 section and any action taken by or notice given to the applicant's designee related to the
4.15 request shall be deemed taken by or given to the applicant.
4.16 Subd. 2. Deadline for response. (a) Except as otherwise provided in this section,
4.17 section 462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any
4.18 other law to the contrary, an agency must approve or deny within 60 days a written request
4.19 relating to zoning, septic systems, l"Ia-tc,lllhc,d dilltlic,t lc,\"iic,~\"i, ~oilllnd ~lltC,l ce,n1lGl vation
4.20 di~tIic,t lc,~ic,vv, or expansion of the metropolitan urban service area for a permit, license,
4.21 or other governmental approval of an action. Failure of an agency to deny a request within
4.22 60 days is approval of the request. If an agency denies the request, it must state in writing
4.23 the reasons for the denial at the time that it denies the request.
4.24 (b) When a vote on a resolution or properly made motion to approve a request fails
4.25 for any reason, the failure shall constitute a denial of the request provided that those voting
4.26 against the motion state on the record the reasons why they oppose the request. A denial
4.27 of a request because of a failure to approve a resolution or motion does not preclude an
4.28 immediate submission of a same or similar request.
4.29 (c) Except as provided in paragraph (b), if an agency, other than a multimember
4.30 governing body, denies the request, it must state in writing the reasons for the denial at the
4.31 time that it denies the request. If a multimember governing body denies a request, it must
4.32 state the reasons for denial on the record and provide the applicant in writing a statement
4.33 of the reasons for the denial. If the written statement is not adopted at the same time as
4.34 the denial, it must be adopted at the next meeting following the denial of the request but
4.35 before the expiration of the time allowed for making a decision under this section. The
Sec. 3.
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5.1 written statement must be consistent with the reasons stated in the record at the time of the
5.2 denial. The written statement must be provided to the applicant upon adoption.
5.3 Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
5.4 the agency's receipt of a written request containing all information required by law or by
5.5 a previously adopted rule, ordinance, or policy of the agency, including the applicable
5.6 application fee. If an agency receives a written request that does not contain all required
5.7 information, the 60-day limit starts over only if the agency sends written notice within 15
5.8 business days of receipt of the request telling the requester what information is missing.
5.9 (b) If a request relating to zoning, septic systems, vvatclsh.;;d disttict ICvicvv, soil and
5.10 vvatc> COllS(Hatioll district ICvicvv, or expansion of the metropolitan urban service area
5.11 requires the approval of more than one state agency in the executive branch, the 60-day
5.12 period in subdivision 2 begins to run for all executive branch agencies on the day a request
5.13 containing all required information is received by one state agency. The agency receiving
5.14 the request must forward copies to other state agencies whose approval is required.
5.15 (c) An agency response, including an approval with conditions, meets the 60-day
5.16 time limit if the agency can document that the response was sent within 60 days ofreceipt
5.17 of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
5.18 or rescind the approval by the agency and will not give rise to a claim that the 60-day
5.19 limit was not met.
5.20 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
5.21 order requires a process to occur before the agency acts on the request, and the time
5.22 periods prescribed in the state statute, federal law, or court order make it impossible to
5.23 act on the request within 60 days. In cases described in this paragraph, the deadline is
5.24 extended to 60 days after completion of the last process required in the applicable statute,
5.25 law, or order. Final approval of an agency receiving a request is not considered a process
5.26 for purposes of this paragraph.
5.27 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
5.28 agency requires prior approval of a federal agency; or (2) an application submitted to
5.29 a city, county, town, school district, metropolitan or regional entity, or other political
5.30 subdivision requires prior approval of a state or federal agency. In cases described in
5.3] this paragraph, the deadline for agency action is extended to 60 days after the required
5.32 prior approval is granted.
5.33 (f) An agency may extend the time limit in subdivision 2 before the end of the
5.34 initial 60-day period by providing written notice of the extension to the applicant. The
5.35 notification must state the reasons for the extension and its anticipated length, which may
5.36 not exceed 60 days unless approved by the applicant.
Sec. 3.
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6.1 (g) An applicant may by written notice to the agency request an extension of the
6.2 time limit under this section.
6.3 Sec. 4. Minnesota Statutes 2008, section 17.117, subdivision 4, is amended to read:
6.4 Subd. 4. Definitions. (a) For the purposes of this section, the terms defined in this
6.5 subdivision have the meanings given them.
6.6 (b) "Agricultural and environmental revolving accounts" means accounts in the
6.7 agricultural fund, controlled by the commissioner, which hold funds available to the
6.8 program.
6.9 (c) "Agriculture supply business" means a person, partnership, joint venture,
6.10 corporation, limited liability company, association, firm, public service company,
6.11 or cooperative that provides materials, equipment, or services to farmers or
6.12 agriculture-related enterprises.
6.13 (d) "Allocation" means the funds awarded to an applicant for implementation of best
6.14 management practices through a competitive or noncompetitive application process.
6.15 (e) "Applicant" means a local unit of government eligible to participate in this
6.16 program that requests an allocation of funds as provided in subdivision 6b.
6.17 (f) "Best management practices" has the meaning given in sections 103F.711,
6.18 subdivision 3, and 103H.15l, subdivision 2, or other practices, techniques, and measures
6.19 that have been demonstrated to the satisfaction of the commissioner to prevent or reduce
6.20 adverse environmental impacts by using the most effective and practicable means of
6.21 achieving environmental goals.
6.22 (g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner
6.23 applying for a low-interest loan.
6.24 (h) "Commissioner" means the commissioner of agriculture, including when the
6.25 commissioner is acting in the capacity of chair of the Rural Finance Authority, or the
6.26 designee of the commissioner.
6.27 (i) "Committed project" means an eligible project scheduled to be implemented at
6.28 a future date:
6.29 (1) that has been approved and certified by the local government unit; and
6.30 (2) for which a local lender has obligated itself to offer a loan.
6.31 (j) "Comprehensive water management plan" means a state approved and locally
6.32 adopted plan authorized under section 103B.231, 103B.255, or 103B.311, 10JC.JJl,
6.33 1OJD.401,01 1OJD.405.
Sec. 4.
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7.] (k) "Cost incurred" means expenses for implementation of a project accrued because
7.2 the borrower has agreed to purchase equipment or is obligated to pay for services or
7.3 materials already provided as a result of implementing an approved eligible project.
7.4 (1) "Farmer" means a person, partnership, joint venture, corporation, limited liability
7.5 company, association, firm, public service company, or cooperative that regularly
7.6 participates in physical labor or operations management offarming and files a Schedule F
7.7 as part of filing United States Internal Revenue Service Form 1040 or indicates farming as
7.8 the primary business activity under Schedule C, K, or S, or any other applicable report to
7.9 the United States Internal Revenue Service.
7.10 (m) "Lender agreement" means an agreement entered into between the commissioner
7.1] and a local lender which contains terms and conditions of participation in the program.
7.12 (n) "Local government unit" means a county, soil and water conservation district,
7.13 or an organization formed for the joint exercise of powers under section 471.59 with
7.14 the authority to participate in the program.
7.]5 (0) "Local lender" means a local government unit as defined in paragraph (n), a state
7.16 or federally chartered bank, a savings association, a state or federal credit union, Agribank
7.17 and its affiliated organizations, or a nonprofit economic development organization or other
7.]8 financial lending institution approved by the commissioner.
7.19 (P) "Local revolving loan account" means the account held by a local government
7.20 unit and a local lender into which principal repayments from borrowers are deposited and
7.2] new loans are issued in accordance with the requirements of the program and lender
7.22 agreements.
7.23 (q) "Nonpoint source" has the meaning given in section 103F.71l, subdivision 6.
7.24 (r) "Program" means the agriculture best management practices loan program
7.25 in this section.
7.26 (s) "Project" means one or more components or activities located within Minnesota
7.27 that are required by the local government unit to be implemented for satisfactory
7.28 completion of an eligible best management practice.
7.29 (t) "Rural landowner" means the owner ofrecord of Minnesota real estate located
7.30 in an area determined by the local government unit to be rural after consideration of
7.3] local land use patterns, zoning regulations, jurisdictional boundaries, local community
7.32 definitions, historical uses, and other pertinent local factors.
7.33 (u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph
7.34 (d), except as expressly limited in this section.
7.35 Sec. 5. Minnesota Statutes 2008, section 17.117, subdivision 6, is amended to read:
Sec. 5.
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8.1 Subd. 6. Application. (a) Only the following local government units may apply for
8.2 funds under this program:
8.3 (1) counties or their designees; and
8.4 (2) 1\oil/md vvatCl Gon1\Gl vMion di1\t1iet1\, II:Hd
8.5 ffl joint power organizations consisting of counties or their designees 01 1\oil Md
8.6 \'VateI c;ol'l.1\CI vation di1\t1ic;t1\.
8.7 (b) A county may submit an application for an allocation. A county or a group of
8.8 counties may designate another local government unit to submit a local allocation request
8.9 on their behalf. If a county does not submit an application, and does not designate another
8.10 local government unit, a .!\Oil Md vvatGI CM.1\Cl vll:tio1'l. di1\tlid HIlly 1\ttbmit 111'1. itppliGlltiol'l.
8.11 fol llH alloGation. If thG local1\oil and vvlltGl Go11.1\Gl vatiol'l. di.~t1id dO('1\ not 1\ubmit M
8.12 itppliGatio1'l., then an eligible joint powers organization may submit an application for an
8.13 allocation. In all instances, there may be only one application representing any geographic
8.]4 area. The applicant must coordinate and submit requests on behalf of other units of
8.15 government within the geographic jurisdiction of the applicant.
8.16 (c) The commissioner must prescribe forms and establish an application process for
8. ] 7 applicants to apply for an allocation of funds. The application must include but need not
8.18 be limited to (1) the geographic area served; (2) the type and estimated cost of activities
8.19 or projects for which they are seeking an allocation; and (3) prioritization or targeting of
8.20 proposed activities or projects.
8.21 (d) If an application is rejected, the applicant must be notified in writing as to the
8.22 reasons for the rejection and given 30 days to submit a revised application. The revised
8.23 application shall be reviewed according to the same procedure used to review the initial
8.24 application. Failure of an applicant to be awarded funds does not constitute a rejection
8.25 of the application.
8.26 Sec. 6. Minnesota Statutes 2008, section 17.117, subdivision 6a, is amended to read:
8.27 Subd. 6a. Review and ranking of applications. (a) The commissioner shall chair
8.28 the subcommittee established in section 103F.761, subdivision 2, paragraph (b), for
8.29 purposes of reviewing and ranking applications and recommending to the commissioner
8.30 allocation amounts. The subcommittee consists of representatives of the Departments of
8.31 Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
8.32 of Water and Soil Resources; the Farm Service Agency and the Natural Resource
8.33 Conservation Service of the United States Department of Agriculture; the Association of
8.34 Minnesota Counties; the MimK1\otll A1\1\oc1atiOll of Soil and 'vVatcI Con1\Gl vatioil Di1\tliGt1\,
8.35 and other agencies or associations the commissioner determines are appropriate.
Sec. 6.
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9.1 (b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
9.2 criteria it determines appropriate in carrying out the review and ranking:
9.3 (1) whether the proposed activities are identified in a comprehensive water
9.4 management plan or other appropriate local planning documents as priorities;
9.5 (2) the potential that the proposed activities have for improving or protecting
9.6 environmental quality;
9.7 (3) the extent that the proposed activities support areawide or multijurisdictional
9.8 approaches to protecting environmental quality based on defined watershed or similar
9.9 geographic areas;
9.10 (4) whether the activities are needed for compliance with existing environmental
9.11 laws or rules;
9.12 (5) whether the proposed activities demonstrate participation, coordination, and
9.13 cooperation between local units of government and other public agencies;
9.14 (6) whether there is coordination with other public and private funding sources
9.15 and programs;
9.16 (7) whether the applicant has targeted specific best management practices to resolve
9.17 specific environmental problems;
9.18 (8) past performance of the applicant in completing projects identified in prior
9.19 applications and allocation agreements; and
9.20 (9) whether there are off-site public benefits.
9.21 Sec. 7. Minnesota Statutes 2008, section 17.844, is amended to read:
9.22 17.844 LIVESTOCK PRODUCTION POLICY.
9.23 (a) The policy of the state is to promote livestock production on family farms under
9.24 a broad range of management systems that are environmentally sound and meet all legal
9.25 requirements of all jurisdictions, including federal, state, county, town, and city,-antl
9.26 l"iatGlshcd dishict requirements.
9.27 (b) In order to promote livestock production on family farms, state agencies when
9.28 appropriate shall, to the extent allowed by law:
9.29 (1) promote the establishment oflivestock enterprises on family farms;
9.30 (2) promote environmental protection and water quality improvement through
9.31 increased livestock production that results in controlling runoff through increased acreage
9.32 of hay, pasture, and small grains; and
9.33 (3) promote more farms to use agronomically applied manure to increase the water
9.34 holding capacity of the soil and control erosion.
Sec. 7.
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10.1 Sec. 8. Minnesota Statutes 2008, section 18B.Ol, subdivision 14a, is amended to read:
10.2 Subd. 14a. Local unit of government. "Local unit of government" means a
10.3 statutory or home rule charter city, town, county, ~e.il and vv<ttCI G6nsu ~ation di~tl.iGt,
10.4 vvatGlllh~d distIiGt, anothcl special purpose district, and local or regional board.
10.5 Sec. 9. Minnesota Statutes 2008, section 40A.lO, subdivision 2, is amended to read:
10.6 Subd. 2. Review and notice. Upon receipt of an application, the county shall
10.7 determine if all material required by subdivision 1 has been submitted and, if so, shall
10.8 determine that the application is complete. When used in this chapter, the term "date of
10.9 application" means the date the application is determined to be complete by the county.
10.10 The county shall send a copy of the application to the county asseSSOI; and the regional
10.11 development commission, where applicable, and the, ~oilaI'ld vvatu GOnse,Ivation di~t1iGt
10.12 where the land is located and to the Board of Water and Soil Resources. The dtstriet board
10.13 shall prepare an advisory statement of existing and potential conservation problems in
10.14 the zone. The dtstriet board shall send the statement to the owner ofrecord and to the
10.15 commissioner. A copy of the application and a legal description of the property must
10.16 also be sent to the commissioner.
10.17 Sec. 10. Minnesota Statutes 2008, section 40A.1l, subdivision 4, is amended to read:
10.18 Subd. 4. Notice and recording; termination. When the county receives notice
10.19 under subdivision 2 or serves notice under subdivision 3, the county shall forward the
10.20 original notice to the county recorder for recording, or to the registrar of titles if the land
10.21 is registered, and shall notify the regional development commission, the commissioner,
10.22 and the GOtln~ soil and \'V <ttel cousel v ation di~tI. iet Board of Water and Soil Resources
10.23 ofthe date of expiration. Designation as an agricultural preserve and the benefits and
10.24 limitations contained in this chapter and the restrictive covenant filed with the application
10.25 cease on the date of expiration. If the land is registered, the registrar of titles shall cancel
10.26 the memorial of the application containing the restrictive covenant upon the certificate of
10.27 title on the effective date of the expiration.
10.28 Sec. 11. Minnesota Statutes 2008, section 40A.14, subdivision 2, is amended to read:
10.29 Subd. 2. Survey. The commissioner shall survey awareness of agricultural land
10.30 preservation and conservation problems, technologies, and available technical and
10.31 financial resources. The survey must include:
Sec. 11.
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11.1 (1) an assessment of related efforts of the United States Department of Agriculture,
11.2 the Board of Water and Soil Resources, the: MimIc-sota Association of Soil Mil 'Nate!
11.3 Co1\SG ,atio11 Distticts, and other related public and private organizations;
11.4 (2) an assessment of programs in other states; and
11.5 (3) an assessment of attitudes among a variety of target audiences in Minnesota that
11.6 are involved in or affected by land use decisions.
11.7 Sec. 12. Minnesota Statutes 2008, section 40A.15, subdivision 5, is amended to read:
11.8 Subd. 5. Technical assistance. The commissioner shall provide for technical
11.9 assistance for eligible recipients. The commissioner shall provide model plans and model
11.1 0 official controls for the preservation ofland for long-term agricultural use that address
11.11 the elements contained in this chapter. To the extent practicable, the commissioner shall
11.12 provide technical assistance through existing administrative structures. The commissioner
11.13 may contract for the delivery of technical assistance by a regional development
11.14 commission, a dish id, any state or federal agency, any political subdivision of the state, or
11.15 private consultants. The commissioner shall prepare and publish an inventory of sources
II.] 6 of technical assistance, including studies, publications, agencies, and persons available.
11.17 Sec. 13. Minnesota Statutes 2008, section 86B.205, subdivision 8, is amended to read:
11.18 Subd. 8. Advisory assistance. The county board may invite any municipal council
11.19 or town board OJ th" soil1\lld ,,4t"l ConS"1 ,atlon dlshiet bo1\1d of SttpCH isms 01 ~,1tklShcd
11.20 distIiGt bo1tld of l1'l.fillag(.lS to designate a representative to advise and consult with the
11.21 county board on water use regulation and improvement.
11.22 Sec. 14. Minnesota Statutes 2008, section 89.62, subdivision 2, is amended to read:
11.23 Subd. 2. Grant eligibility. The following are eligible for grants under this section:
11.24 (1) a home rule charter or statutory city or a town that exercises municipal powers
11.25 under section 368.01 or any general or special law;
11.26 (2) a special park district organized under chapter 398;
11.27 (3) a special-purpose park and recreation board;
11.28 (4) a soil MId .,at,,! eons(.l ,fitioii dlshiet,
11.29 ffl a county; or
11.30 f6tm any other organization with the legal authority to enter into contractual
11.31 agreements.
11.32 Sec. 15. Minnesota Statutes 2008, section 97A.145, subdivision 2, is amended to read:
Sec. 15.
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12.1 Subd. 2. Acquisition procedure. (a) Lands purchased or leased under this section
12.2 must be acquired in accordance with this subdivision.
12.3 (b) The commissioner must notify the county board and the town officers where the
12.4 land is located and furnish them a description of the land to be acquired. The county board
12.5 must approve or disapprove the proposed acquisition within 90 days after being notified.
12.6 The commissioner may extend the time up to 30 days. The soil Md vv/lter conser v/lticHl
12.7 distIiet stipe! v isOls Board of Water and Soil Resources shall counsel the county board on
12.8 drainage and flood control and the best utilization and capability of the land.
12.9 (c) Ifthe county board approves the acquisition within the prescribed time, the
12.10 commissioner may acquire the land.
12.11 (d) If the county board disapproves the acquisition, it must state valid reasons.
12.12 The commissioner may not purchase or lease the land if the county board disapproves
12.13 the acquisition and states its reasons within the prescribed time period. The landowner
12.14 or the commissioner may appeal the disapproval to the district court having jurisdiction
12.15 where the land is located.
12.16 (e) The commissioner or the owner of the land may submit the proposed acquisition
12.17 to the Land Exchange Board if: (1) the county board does not give reason for disapproval,
12.18 or does not approve or disapprove the acquisition within the prescribed time period; or
12.19 (2) the court finds that the disapproval is arbitrary and capricious, or that the reasons
12.20 stated for disapproval are invalid.
12.21 (f) The Land Exchange Board must conduct a hearing and make a decision on
12.22 the acquisition within 60 days after receiving the proposal. The Land Exchange Board
12.23 must give notice of the hearing to the county board, the commissioner, the landowner,
12.24 and other interested parties. The Land Exchange Board must consider the interests of the
12.25 county, the state, and the landowner in determining whether the acquisition is in the public
12.26 interest. If a majority of the Land Exchange Board members approves the acquisition,
12.27 the commissioner may acquire the land. If a majority disapproves, the commissioner
12.28 may not purchase or lease the land.
12.29 Sec. 16. Minnesota Statutes 2008, section 103B.IOI, subdivision 2, is amended to read:
12.30 Subd. 2. Voting members. (a) The members are:
12.31 (1) three county commissioners;
12.32 (2) three Milanel vvltter eons..:! v lttion elist1i..:t stlper v iSOlS,
12.33 (3) three vvatC!Shed dist1ict 01 vv/ltClsheelll'lMZLgerncnt mg/lnii:/ltion replCsentati ves,
12.34 f41 three citizens who are not employed by, or the appointed or elected officials of,
12.35 a governmental office, board, or agency;
Sec. 16.
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13.1 fflln the commissioner of agriculture;
13.2 t67 8l.the commissioner of health;
13.3 ffl-.ill the commissioner of natural resources;
13.4 ~.i2l the commissioner of the Pollution Control Agency; and
13.5 ffl.i1l the director of the University of Minnesota Extension Service.
13.6 (b) Members in paragraph (a), clauses (1) ttt-f47 and (2), must be distributed
13.7 across the state with at least three members but not more than five members from the
13.8 metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the
13.9 current soil and water conservation administrative regions.
13.10 (c) Members in paragraph (a), clauses (1) ttt-f47 and (2), are appointed by the
13.11 governor. In making the appointments, the governor may consider persons recommended
13.12 by the Association of Minnesota Counties, the, Minn.::sota Association of Soilmd '.Vatcl
13.13 Cons'::lvatiOll Dist1icts, and tn.:: Minn.::sota Association ofV/l1tcrshcd Dist1icts, The list
13.14 submitted by tm' the association must contain at least three nominees for each position to
13.15 be filled,
13.16 (d) The membership terms, compensation, removal of members and filling of
13,17 vacancies on the board for members in paragraph (a), clauses (1) ~ and (2), are as
13.18 provided in section 15,0575.
13.19 Sec. 17. Minnesota Statutes 2008, section 103B.lOl, subdivision 9, is amended to,read:
13.20 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
13.21 elsewhere, the board shall:
13.22 (1) coordinate the water and soil resources planning activities of counties, soil and
13.23 \'Vatel conservation dist-tkts, ~~l1tGlshcd dil;t:ricts, watelshed managemGnt olgl1nizations,
13.24 and any other local units of government through its various authorities for approval of
13.25 local plans, administration of state grants, and by other means as may be appropriate;
13.26 (2) facilitate communication and coordination among state agencies in cooperation
13.27 with the Environmental Quality Board, and between state and local units of government,
13.28 in order to make the expertise and resources of state agencies involved in water and soil
13.29 resources management available to the local units of government to the greatest extent
13.30 possible;
13.31 (3) coordinate state and local interests with respect to the study in southwestern
13.32 Minnesota under United States Code, title 16, section 1009;
13.33 (4) develop information and education programs designed to increase awareness
13.34 of local water and soil resources problems and awareness of opportunities for local
13.35 government involvement in preventing or solving them;
Sec. 17.
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14.1 (5) provide a forum for the discussion of local issues and opportunities relating
14.2 to water and soil resources management;
14.3 (6) adopt an annual budget and work program that integrate the various functions
14.4 and responsibilities assigned to it by law; and
14.5 (7) report to the governor and the legislature by October 15 of each even-numbered
14.6 year with an assessment of board programs and recommendations for any program
14.7 changes and board membership changes necessary to improve state and local efforts
14.8 in water and soil resources management.
14.9 The board may accept grants, gifts, donations, or contributions in money, services,
14.10 materials, or otherwise from the United States, a state agency, or other source to achieve
14.11 an authorized purpose. The board may enter into a contract or agreement necessary or
14.12 appropriate to accomplish the transfer. The board may receive and expend money to
14.13 acquire conservation easements, as defined in chapter 84C, on behalf of the state and
14.14 federal government consistent with the Camp Ripley's Army Compatible Use Buffer
14.15 Project.
14.16 Any money received is hereby appropriated and dedicated for the purpose for
14.17 which it is granted.
14.18 Sec. 18. Minnesota Statutes 2008, section 103B.IOl, subdivision 10, is amended to
14.19 read:
14.20 Subd. 10. Committee for dispute resolution. A committee of the board is
14.21 established to hear and resolve disputes, appeals, and interventions under sections
14.22 103A.301 to 103A.341; 103B.231; 103B.345; 103D.535, 103D.537, and 103G.2242,
14.23 subdivision 9. The committee consists of two of the three citizen members;- and one county
14.24 commissioner membel, on~ soil and wato ConSGI vation disttiGt Sl1pC! ~iSOl mGmbc!, and
14.25 one. vvatclshGd dillhi(;t 01 9~ atGlllh.:.d manag.:.mwt organization IGp!cs.:.ntltti vG membcr. The
14.26 committee is appointed by the board chair.
14.27 Sec. 19. Minnesota Statutes 2008, section 103B.I02, subdivision 2, is amended to read:
14.28 Subd. 2. Definitions. For the purposes of this section, "local water management
14.29 entities" means vvatG!llhcd dilltti.:.ts, lloil and vvat.:.! e.onll~! vatioll dillttiGtll, metropolitan
14.30 water management organizations,;, and counties operating separately or jointly in their
14.31 role as local water management authorities under chapter 103B, 103C, 1OJD, or 103G
14.32 and chapter 114D.
14.33 Sec. 20. Minnesota Statutes 2008, section 103B.102, subdivision 4, is amended to read:
Sec. 20.
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15.1 Subd. 4. Corrective actions. fat In addition to other authorities, the Board of Water
15.2 and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
15.3 redirect grants and other funding if the local water management entity has not corrected
15.4 deficiencies as prescribed in a notice from the board within one year from the date of
15.5 the notice.
15.6 (b) The b01Ud l'lllry ddel Ii decision on Ii klmination petition fikd unde1 seetion
15.7 10JD.22l, 10JC.225, 01 10JD.27l fol ttp to one ,eli1 to eonduct 01 upd.!ttc the evlilU.!ttion
15.8 undGl i5ttbdivii5ichi J 01 to comrrlu11lGlttG the lei5t.lti5 ofthG Gvliluation to petitloneli5 01 to
15.9 10uiliUld stlite go veIllHKnt ligeneiei5.
15.10 Sec. 21. Minnesota Statutes 2008, section 103B.205, subdivision 3, is amended to read:
15.11 Subd. 3. Capital improvement program. "Capital improvement program" means
15.12 an itemized program for at least a five year prospective period, and any amendments to it,
15.13 subject to at least biennial review, setting forth the schedule, timing, and details of specific
15.14 contemplated capital improvements by year, together with their estimated cost, the need
15.15 for each improvement, financial sources, and the financial effect that the improvements
15.16 will have on the local government unit or vvlitGMled mlinligem..:,nt olganizlition.
15.17 Sec. 22. Minnesota Statutes 2008, section 103B.205, subdivision lOb, is amended to
15.18 read:
15.19 Subd. lOb. Subwatershed unit. "Subwatershed unit" means a hydrologic area less
15.20 than the entire area tllldGl tn...:, jmii5dietioll of a watershed managGment org,allILlitlon.
15.21 Sec. 23. Minnesota Statutes 2008, section 103B.23l, subdivision 3, is amended to read:
15.22 Subd. 3. Responsible units. (a) V/hGIC Ii ~~at{,li5hed mlinagemwt organization
15.23 G)(isti5, thG plan fOI thc, vvlltC,IShGd must bc, plcpmed MId lidoptGd by thG ol€;1l:nizlition.
15.24 (b) If Ii ~~ltklSft.:::.d mliniigc,mcnt ol€;<'mizZltion loelttcd ..holly outsidc, ofIIGlllKpin
15.25 and Rlimsc, eotltltics, is tC1minlited, or the DOll1d of ' Nate 1 lind Soil Resomees detGlminc,s
15.26 Ii pllin is not being implemented In liCc,oH:1.mee vvith its mks, The county or counties
15.27 containing the watershed unit shall prepare, adopt, and implement the watershed plan
15.28 and fol thIS pmposc tft':::' eow1tJ 01 countic,s hlivc the plamling, lc,vic,vv, pClmitting, and
15.29 fimmclug .!tuthOliry of Ii v~atclshed nlanligcment olg,alliMtion spec,ified ill sc,c,tions
15.30 lOJD.211 to lOJD.255.
15.31 (e) If Ii vvliklshcd manligement orglinizlition ..ithin HI":' metropolitlin lilC,1i lind vvholly
15.32 01 patti, ..ithin Iknll..:,pill 01 Rlinli5G' eotLnties is tClminated 01 th..:, DMld ofV/atcl lind
15.33 Soil RGsotllees d.:::.tGllUiIlCi5 Ii pllih ii5 not bGing impkmcnted, tl.G Gounry 01 c0611ti..:,s shall
Sec. 23.
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16.1 petition fOI the c,stablishme:nt oh vvMashed distiict unde! ehapteI 103D, Plovided that a
16.2 district establisn~d pmsmmt to a petition.
16.3 (1) may not c,IOSS a plih'laty li\Je,r 01 a Iivc,l folming thc, botlndaty bc,t\l\Jc,w a
16.4 rndtopolitan cotmty find a cotmty otltsick th~ mcbopolitan ttIc,a, and
16.5 (2) miry not OO&S c,oauty bOtl1'l.dalies to indtrdc, tWit01Y ~~hos~ a.istinlSciishing
16.6 chaI5.~tclistie is mtlltipk draififigc, points into a plimat] Iivc,!.
16.7 (d) A vvatcIshc,a. mafi5.gcme:nt Olgllnization miry rc,qtlcst a C()unty to plCpate all 01
16.8 pl'dt of a plan.
16.9 (c,) A C,OtlIlty miry dd"i~,tJ:tG thc, prcpttIatiern of all or pttIt of a plan to tnG c()tlnty soil
16.10 Itlla. vvateI conscr vation a.istiict.
16.11 ffliQl Upon request of a statutory or home rule charter city or town, a county may
16.12 delegate the preparation of all or part of a plan to the city or town.
16.13 wJ9 Ifthe Board of Water and Soil Resources determines that a vvate;rsh.::d
16.14 manage,rTIwt OliSllnization 6I county has not developed a draft plan, is not implementing
16.15 the plan, and has not delegated implementation of the plan, ana. nfiS not petitioned fOI thc,
16.16 Cl c,ation of a vv ato shed disbict:
16.17 (1) state agencies may withhold from local government units state funding for water
16.18 programs for projects within the watershed;
16.19 (2) state agencies may withhold from local government units delegation of state
16.20 water resource regulatory authority within the watershed;
16.21 (3) state agencies may suspend issuance of water-related permits within the
16.22 watershed; and
16.23 (4) the board may request state agencies to withhold portions of state aid funding
16.24 used for the installation of curb and gutter and other drainage facilities of public
16.25 transportation projects within the watershed.
] 6.26 The pIO \J is ions of This paragraph '!l1'1"'IY applies until the Board of Water and Soil
16.27 Resources determines that a plan is being implemented in accordance with its rules.
16.28 WillAppeals from the Board of Water and Soil Resources determination are made
16.29 in the same manner as appeals under section 103B.345, subdivision 5.
]6.30 Sec. 24. Minnesota Statutes 2008, section 103B.231, subdivision 3a, is amended to
]6.31 read:
16.32 Subd. 3a. Priority schedule. (a) The Board of Water and Soil Resources in
16.33 consultation with the state review agencies and the Metropolitan Council may develop a
16.34 priority schedule for the revision of plans required under this chapter.
Sec. 24.
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17.1 (b) The prioritization should be based on but not be limited to status of current plan,
17.2 scheduled revision dates, anticipated growth and development, existing and potential
173 problems, and regional water quality goals and priorities.
17.4 (c) The schedule will be used by the Board of Water and Soil Resources in
17.5 consultation with the state review agencies and the Metropolitan Council to direct
17.6 vvatelshed m.magement organizations counties of when they will be required to revise
17.7 their plans.
17.8 (d) In the event that a plan expires prior to notification from the Board of Water and
17.9 Soil Resources under this section, the existing plan, authorities, and official controls of a
17.10 v9atoshed tllliilagelllGllt Olganizatie.n shall county remain in full force and effect until a
17.11 revision is approved.
17.12 (e) Watershed rn.magement organizlltions Counties submitting plans and draft plan
17.13 amendments for review prior to the board's priority review schedule, may proceed to adopt
17.14 and implement the plan revisions without formal board approval if the board fails to adjust
17.15 its priority review schedule for plan review, and commence its statutory review process
17.16 within 45 days of submittal of the plan revision or amendment.
17.17 Sec. 25. Minnesota Statutes 2008, section 103B.231, subdivision 4, is amended to read:
17.18 Subd. 4. General standards. (a) The watershed management plan must specify the
17.19 period covered by the plan and must extend at least five years but no more than ten years
17.20 from the date the board approves the plan. Plans that contain revision dates inconsistent
17.21 with this section must comply with that date, provided it is not more than ten years beyond
17.22 the date of board approval.
17.23 (b) The plan must be reviewed for consistency with an adopted county groundwater
17.24 plan, and revised to the degree necessary to become compliant with the groundwater plan
17.25 no later than two years after adoption by the county. A one-year extension may be granted
17.26 by the board. Upon tllG request of a vvlttershcd management organization, the eounty shall
17.27 plOvide a vvlitten stMerficnt that.
17.28 (1) identifies arry substantial inconsistcneics betvvcen the vvatershcd pl.m and the
]7.29 grO~:l1ld~9atel rIM} and any substantial adverse dfcets oftlle ~ate:rshe:d plan on the
]7.30 grotmdvvll:ter plan, and
]731 (2.) evaltlates, e:stitlllttes the: e:ost of, and recommends altunativ e:s 001 amending the:
]732 vvMw;hcd plan to re:dify arty substantial ine:onsistencies and Ildv{'lsc dfeets.
]733 (c) The plan shall contain the elements required by subdivision 6. Each element shall
]734 be set out in the degree of detail and prescription necessary to accomplish the purposes
17.35 of sections 103B.205 to 103B.255, considering the character of existing and anticipated
Sec. 25.
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18.1 physical and hydrogeologic conditions, land use, and development and the severity of
18.2 existing and anticipated water management problems in the watershed.
18.3 (d) Existing plans of a ~atGlshed managcmwt O1ganiz:ation shall county remain in
18.4 force and effect until amended or superseded by plans adopted under sections I03B.205
18.5 to 103B.255.
18.6 (e) Watershed management (Hganiz:ations Counties shall coordinate their planning
18.7 activities with contiguous vvatershed management organizations and counties conducting
18.8 water planning and implementation under sections 103B.IOl and 103B.301 to 103B.355.
18.9 Sec. 26. Minnesota Statutes 2008, section 103B.231, subdivision 7, is amended to read:
18.10 Subd. 7. Review of the draft plan. (a) Upon completion of the plan but before
18.11 final adoption by the olganiz:ation county, the organiLlttion county must submit the
18.12 draft plan for a 60-day review and comment period to all counties, the Metropolitan
18.13 Council, the state review agencies, the Board of Water and Soil Resources, soil and water
18.14 conservation districts, towns, and statutory and home rule charter cities having territory
18.15 within the watershed. A local government unit that expects that substantial amendment
18.16 of its local comprehensive plan will be necessary to bring local water management into
18.17 conformance with the watershed plan must describe as specifically as possible, within its
18.18 comments, the amendments to the local plan that it expects will be necessary. If the
18.19 county has a groundwater plan, the county must review and comment on the consistency
18.20 of the watershed plan with the county groundwater plan. Differences among local
18.21 governmental agencies regarding the plan must be mediated. Notwithstanding seGti0ll1s
18.22 lOJDAOI, lOJD.405, and section 473.165, the council shall review the plan in the same
18.23 manner and with the same authority and effect as provided for the council's review of the
18.24 comprehensive plans oflocal government units under section 473.175. The council shall
18.25 comment on the apparent conformity with metropolitan system plans of any anticipated
18.26 amendments to local comprehensive plans. The council shall advise the Board of Water
18.27 and Soil Resources on whether the plan conforms with the management objectives and
18.28 target pollution loads stated in the council's water resources plan and shall recommend
18.29 changes in the plan that would satisfy the council's plan.
18.30 (b) The ~iatelShGd managenlwt olganiz:ation county must respond in writing to any
18.31 concerns expressed by the review agencies within 30 days of receipt thereof.
18.32 (c) The vv atcl shed management mganiz:ation county must hold a public hearing on
18.33 the draft plan no sooner than 30 days and no later than 45 days after the 60-day review
18.34 period of the draft plan. The b01l1d 01 bMlds orthe affected eotmties I>h1'.ll applMe 01
18.35 disapp10~G p10jGGtS ill the capital inlplO v ClTIwt p10gram v.hiGh may lcqailG tlK p1ovision
Sec. 26.
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19.1 of e:Otll'l:ty ftlnds ptllStlllnt to section 10JD.25l 01 10JD.90l, stlbdivision 2. Elleh COtmty
19.2 hM ttp until the dllte of the public haning 6n the dlllft plw to complete itslevievv of
19.3 the e1lpit1l1 improvemc:,ut pr6gralll. If the eMIlty fllils to eol1'lpkte: its le:vie:~ ~ithin the
19.4 prescribed peliod, unless an e:xtGllsion is Ilgle:e:d to b, the Olg1lniMti6n the pr6granr shll11
19.5 be deemed appIO ved. If the: vv Irtcrshc:d e:xtGllds into mol(, 1:l11ll1 6ne: e:6l:Inry Ilnd QnG 01
19.6 more counties disapplove of 1111 or plut of 11 e1lpit1l1 improvw1wt proglltll'l vvhile the oth.::r
19.7 e:Otmry 01 CotmtiCSapplOve, the progIllm shll11 be submitted to thG DMrd of 'v Va tel Ilnd Soil
19.8 RGsOdlGe:s fQl IoiG~ ptl1StlllIlt to subdivision 9.
19.9 Sec. 27. Minnesota Statutes 2008, section 103B.231, subdivision 9, is amended to read:
19.10 Subd. 9. Approval by board. After completion of the review under subdivision
19.11 8, the board shall review the plan for conformance with the requirements of sections
19.12 103B.205 to 103B.255, and drapteI 10JD. The board shall not prescribe a plan, but
19.13 may disapprove all or parts of a plan which it determines is not in conformance with
19.14 the requirements of sections 103B.205 to 103B.255, Ilnd ehaptGI 10JD. If tile: e:apital
19.15 impro v e:m.::nt prog11lm is the sttbje:Gt of a dispc.te: be:h9e:Cll cOtlntie:s, t.he: DMrd 6f'NlltGI and
19.16 Soil ResottIees shll11 mllke 11 fin1l1 dCGision on the issue The dceisitm shll11 be binding on
19.17 the organizlltion Ilnd the eoullti.::s involved. The board shall complete its review under this
19.18 section within 90 days.
19.19 Sec. 28. Minnesota Statutes 2008, section 103B.23l, subdivision 10, is amended to
19.20 read:
19.21 Subd. 10. Adoption and implementation. (a) The O!gllnizlltion county shall
19.22 adopt and implement its plan within 120 days after compliance with the provisions of
19.23 subdivision 9 and approval of the plan by the Board of Water and Soil Resources. "*
19.24 vvlltGIshcd distrie:t fila)' impkme:nt its applovcd plan Ilnd applovcd e:apitAI impI09e:l11cnt
19.25 progrllm b} lesoltltit}n t}fthG mlljmiry ofthG bOllld of mllnllgcIsand vvitl.ri'ltltle:spCGt to thG
19.26 Pl6visions of e:hllpteI 10JD Ieqtliring the mal1.llgGls to vvait upon pGtitions fO! PlojCc:,ts,
19.27 to submit projGGts fe,rlGviGvv b, thG DOIlrd ofWato Itlld Soil R'Csot!lees, Itlld to limit
19.28 tile: e:6st and purposes of Plojeets.
19.29 (b) The Board of Water and Soil Resources shall adopt rules establishing standards
19.30 and criteria for making determinations of whether ~9lltcIshGd manllgcmGnt olg1lnizati6ns
19.31 -and counties are implementing watershed plans as required under subdivision 1.
19.32 Sec. 29. Minnesota Statutes 2008, section 103B.231, subdivision 14, is amended to
19.33 read:
Sec. 29.
19
20.1
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
20.10
20.11
20.12
20.13
20.14
20.15
20.16
20.17
20.18
20.19
20.20
20.21
20.22
. 20.23
20.24
20.25
20.26
20.27
20.28
20.29
20.30
20.31
20.32
20.33
20.34
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Subd. 14. Annual report. The Board of Water and Soil Resources shall adopt
rules establishing:
(I) requirements for annual watershed management olganization county 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 ~~to:t':'lshed management olganization county; 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, lK~9 OffiCGlS installed, variances granted, status oflocal
unit adoption and enforcement of model ordinance requirements, and financial conditions
of the vvatclshed mana5cmcnt organization county.
Sec. 30. Minnesota Statutes 2008, section 103B.235, subdivision 3, is amended to read:
Subd. 3. Review. After consideration but before adoption by the governing body,
each local unit shall submit its water management plan to the vvlttelshcd manag.:,mcnt
orglmizil:tion county for review for consistency with the watershed plan adopted pursuant
to section 103B.231. lithe county 01 eotmties hav;ng tCllitOlY within the local unit hage a
stat.:, apploved and locally adopted gHmnd~9lttel plan, the local tmit shall stlbmit its plml
to tb..:, eotll'ltJ 01 counties fOlleview. The eOdlltJ OJ Goanties have 45 dirys to le9ie~9 ,md
eommcnt on the plall. The olgmlization county shall approve or disapprove the local plan
or parts of the plan. The olglmization county shall have 60 days to complete its review;
provided, however, that the ~~atc16hed managell'lwt OJgmlizlltion county 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 county 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.
Sec. 31. Minnesota Statutes 2008, section 103B.235, subdivision 3a, is amended to
read:
Subd. 3a. Review by Metropolitan Council. Concurrently with its submission
of its local water management plan to the vvlttelshed llumagement Olganization county
as provided in subdivision 3, each local unit of government shall submit its water
management plan to the Metropolitan Council for review and comment by the council.
The council shall have 45 days to review and comment upon the local plan or parts of
Sec. 31.
20
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21.1 the plan with respect to consistency with the council's comprehensive development guide
21.2 for the metropolitan area. The council's 45-day review period shall run concurrently with
21.3 the 60-day review period by the ~ate1shed management organization county provided
21.4 in subdivision 3. The Metropolitan Council shall submit its comments to the ~~at(,lsh{,d
21.5 l11allagollwt organization county and shall send oa copy of its comments to the local
21.6 government unit. If the Metropolitan Council fails to complete its review and make
21.7 comments to the vdttcrsh{,d mll.1'l.tlg{,ment Olgalli:z:ation county within the 45-day period,
21.8 the ~atushed manag{,ment organization county shall complete its review as provided in
21.9 subdivision 3.
21.10 Sec. 32. Minnesota Statutes 2008, section 103B.235, subdivision 4, is amended to read:
21.11 Subd. 4. Adoption and implementation. After approval of the local plan by the
21.12 Olgani:z:ation county, the local government unit shall adopt and implement its plan within
21.13 120 days and shall amend its official controls accordingly within 180 days.
21.14 Sec. 33. Minnesota Statutes 2008, section 103B.235, subdivision 5, is amended to read:
21.15 Subd. 5. Amendments. To the extent and in the manner required by the
21.16 01gani:z:atio1'l. county, all amendments to local water management plans shall be submitted
21.17 to the Olganiz:ation county for review and approval in accordance with the provisions of
21.18 subdivisions 3 and 3a for the review of plans.
21.19 Sec. 34. Minnesota Statutes 2008, section 103B.24l, is amended to read:
21.20 103B.241 LEVIES.
21.21 Subdivision 1. Watershed plans and projects. Notvvithstanding dlltptG1 103D, A
21.22 local government unit or I'Vlttoshcd manaSemG1'l.t Olganiz:ation may levy a tax to pay the
21.23 increased costs of preparing a plan under sections 103B.231 and 103B.235 or for projects
21.24 identified in an approved and adopted plan necessary to implement the purposes of section
21.25 103B.20 1. The proceeds of any tax levied under this section shall be deposited in a
21.26 separate fund and expended only for the purposes authorized by this section. VlatG1shGd
21.27 managGmcnt 01gltni:z:ations and Local government units may accumulate the proceeds of
21.28 levies as an alternative to issuing bonds to finance improvements.
21.29 Subd. 2. Priority programs, soil and lute) consenation disttids. A county
21.30 may levy amounts necessary to pay the reasonable increased costs to soilltnd vvatG!
21.31 COnSG1 vation dishiGts of administering and implementing priority programs identified in
21.32 an approved and adopted plan.
Sec. 34.
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22.1 Sec. 35. Minnesota Statutes 2008, section 103B.252, is amended to read:
22.2 103B.252 EMERGENCY PROJECTS.
22.3 Subdivision 1. General authority. Notwithstanding Chapt';;l IOJD, A local
22.4 government unit 01 a vv atel shed management olganinttion which that has an approved and
22.5 adopted plan may undertake and perform emergency projects under this section.
22.6 Subd. 2. Declaration of emergency. If the joint pMvClS board, ~vll:t":lshcd distlict
22.7 ml11'l.1\gcls, 01 local government unit find finds that conditions exist that present a clear and
22.8 imminent danger to the health or welfare of the people of the \'\' l1t.;;! shed ml1nl1gcmcnt
22.9 Olgl111iZ:l1tion 01 local government unit, and that to delay action would prejudice the interests
22.10 of the people of the vvl1tClsh.;;d ml11'l.l1gemwt olgl1niZ:l1tion 01 local government unit, or
22.11 would likely cause permanent harm, the joint pOvvC1S boald, vvll:t":lsl:.cd district managcls,
22.12 'Or local government unit may declare the existence of an emergency and designate the
22.13 location, watershed or subwatershed unit, nature, and extent of the emergency.
22.14 Subd. 3. Project order. If an emergency has been declared to the extent necessary
22.15 to protect the interests of the ~1ttclshcd mlll1l1gcment Olganiz:ation b:I the local government
22.16 unit, the joint pOvvC1S board, 9Vl1tClshcd disttict managCls, 01 local government unit may
22.17 order that the work be done under the direction of the joint pOvvClS bMld, ~Vl1tc!shcd
22.18 distlict ma1'l.1\gcls, 01 local government unit and their its engineer, without a contract.
22.19 Sec. 36. Minnesota Statutes 2008, section 103B.253, is amended to read:
22.20 103B.253 COUNTY LEVY AUTHORITY.
22.21 Notwithstanding any other law to the contrary, a county levying a tax under section
22.22 I 03B.24 I, or 103B.245, or IOJD.251 shall not include any taxes levied under those
22.23 authorities in the levy certified under section 275.07, subdivision I, paragraph (a). A
22.24 county levying under section I 03B.24I, or 103B.245, 01 lOJD.251 shall separately certify
22.25 that amount and the auditor shall extend that levy as a special taxing district levy under
22.26 sections 275.066 and 275.07, subdivision I, paragraph (b).
22.27 Sec. 37. Minnesota Statutes 2008, section 103B.255, subdivision 4, is amended to read:
22.28 Subd. 4. Assistance. The county may contract with the Minnesota Geological
22.29 Survey, the United States Geological Survey, 11 soil and 9911t<.! conS';;1 vl1tion district,
22.30 or other public or private agencies or persons for services in performing the county's
22.31 responsibilities regarding the plan under this section and section 103B.231. Counties may
22.32 enter into agreements with other counties or local units of government under section
22.33 471.59 for the performance of these responsibilities. To assist in the development of
22.34 the groundwater plan, the county shall seek the advice of the advisory committee, the
Sec. 37.
22
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23.1 Minnesota Geological Survey, the Departments of Health and Natural Resources, the
23.2 Pollution Control Agency, and other appropriate local, state, and federal agencies.
23.3 Sec. 38. Minnesota Statutes 2008, section 103B.255, subdivision 8, is amended to read:
23.4 Subd. 8. Review of the draft plan. (a) Upon completion of the groundwater plan
23.5 but before final adoption by the county, the county shall submit the draft plan for a
23.6 60-day review and comment period to adjoining counties, the Metropolitan Council, the
23.7 state review agencies, the Board of Water and Soil Resources, and each 50il and water
23.8 COn5G1 vation di5tliGt, town; and statutory and home rule charter city, and v~atG15hGd
23.9 managGment organization having territory within the county. The county also shall
23.10 submit the plan to any other county or vvater5hcd mana~cmGllt organization 01 dishiGt in
23.1] the affected groundwater system that could affect or be affected by implementation of
23.12 the plan. Any political subdivision or vvlit.::r5hed numagcmcnt OlgMlization that expects
23.13 that substantial amendment of its plans would be necessary in order to bring them into
23.14 conformance with the county groundwater plan shall describe as specifically as possible,
23.]5 within its comments, the amendments that it expects would be necessary and the cost
23.]6 of amendment and implementation. Reviewing entities have 60 days to review and
23.17 comment. Differences among local governmental agencies regarding the plan must be
23.]8 mediated. Notwithstanding sections 103DAOI, 103DA05, and 473.165, the council shall
23.19 review the plan in the same manner and with the same authority and effect as provided in
23.20 section 473.175 for review of the comprehensive plans of local government units. The
23.2] council shall comment on the apparent conformity with metropolitan system plans of any
23.22 anticipated amendments to watershed plans and local comprehensive plans. The council
23.23 shall advise the Board of Water and Soil Resources on whether the plan conforms with the
23.24 management objectives stated in the council's water resources plan and shall recommend
23.25 changes in the plan that would satisfy the council's plan.
23.26 (b) The county must respond in writing to any concerns expressed by the reviewing
23.27 agencies within 30 days of receipt thereof.
23.28 (c) The county shall hold a public hearing on the draft plan no sooner than 30 days
23.29 and no later than 45 days after the 60-day review period of the draft plan.
23.30 Sec. 39. Minnesota Statutes 2008, section 103B.255, subdivision 10, is amended to
23.3] read:
23.32 Subd. 10. Approval by board. After completion OfalG rGvievv tinder stlMivision
23.33 9; The Board of Water and Soil Resources 5hall1 G ~ k ~~ tnG plall a5 pr 0 ~ ided in sGGtion
23.34 lOJD.401. The board shall review the plan for conformance with the requirements of
Sec. 39.
23
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REVISOR
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24.1 sections 103B.205 to 103B.255, ltlld chapteI 10JD. The board may not prescribe a plan
24.2 but may disapprove all or parts of a plan which it determines is not in conformance with
24.3 the requirements of sections 103B.205 to 103B.255, and chaptCI lOJD.
24.4 Sec. 40. Minnesota Statutes 2008, section 103B.255, subdivision 13, is amended to
24.5 read:
24.6 Subd. 13. Property tax levies. A metropolitan county may levy amounts necessary
24.7 to administer and implement an approved and adopted groundwater plan. A county
24.8 may levy amounts necessary to pay the reasonable increased costs to soil and vv <'ttCI
24.9 conSC! v <'ttioll dist1ids and vvatelshcd managcnKllt oq;aniz:ations of administering and
24.10 implementing priority programs identified in the county's groundwater plan.
24.11 Sec. 41. Minnesota Statutes 2008, section 103B.305, subdivision 5, is amended to read:
24.12 Subd. 5. Local units of government. "Local units of government" means
24.13 municipalities, towns, counties, soil and vvatel COliSC! vlttioll dist1ids, vvatashcd dishicts,
24.14 organizations formed for the joint exercise of powers under section 471.59, and other
24.15 special purpose districts or authorities exercising authority in water and related land
24.16 resources management at the local level.
24.17 Sec. 42. Minnesota Statutes 2008, section 103B.335, subdivision 2, is amended to read:
24.18 Subd. 2. Priority programs, consu .lltion And ~lltushed disbids. A county
24.19 may levy amounts necessary to pay the reasonable increased costs to SC'lil and v~ <'ttCI
24.20 conS':;1 vlttion distticts and vvatcIshcd di.st1icts of administering and implementing priority
24.21 programs identified in an approved and adopted plan.
24.22 Sec. 43. Minnesota Statutes 2008, section 103B.3363, subdivision 3, is amended to
24.23 read:
24.24 Subd. 3. Comprehensive local water management plan. "Comprehensive 10caJ
24.25 water management plan," "comprehensive water plan," "local water plan," and "local
24.26 water management plan" mean a county water plan authorized under section I 03B.3II, a
24.27 watershed management plan required under section 103B.231, a vv<'ttClshcd mMagGlliGllt
24.28 plM l.:;qnind tmdCI sectiOl'l. 10JDAOl 01 lOJDA05, or a county groundwater plan
24.29 authorized under section 103B.255.
24.30 Sec. 44. Minnesota Statutes 2008, section 103B.3363, subdivision 4, is amended to
24.31 read:
Sec. 44.
24
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25.1 Subd. 4. Local unit of government. "Local unit of government" means a statutory
25.2 or home rule charter city, town, or county, OI Iloil tmd "at{,r couser ,atiol1 dilltriet,
25.3 "ltklSlIcd dilltl~ct, an organization formed for the joint exercise of powers under section
25.4 471.59, a local health board, or other special purpose district or authority with local
25.5 jurisdiction in water and related land resources management.
25.6 Sec. 45. Minnesota Statutes 2008, section 103B.551, subdivision 3, is amended to read:
25.7 Subd. 3. Powers. County boards, joint county authorities, statutory and home
25.8 rule cities, and towns may, by order, delegate the powers in this section to the board of
25.9 directors of a district to be exercised within the district. Programs and services undertaken
25.10 must be consistent with the statewide water and related land resources plan prepared by
25.11 the commissioner of natural resources and with regional water and related land resources
25.12 plans. A body of water may not be improved by using authority granted under this section
25.13 unless the public has access to some portion of the shoreline. County boards, joint county
25.14 authorities, statutory and home rule cities, and towns may delegate their authority to
25.15 a district board of directors to:
25.16 (I) acquire by gift or purchase an existing dam or control works that affects the level
25.17 of waters in the district;
25.18 (2) construct and operate water control structures that are approved by the
25.19 commissioner of natural resources under section 1030.245;
25.20 (3) undertake projects to change the course current or cross section of public waters
25.21 that are approved by the commissioner of natural resources under section 1030.245;
25.22 (4) acquire property, equipment, or other facilities, by gift or purchase to improve
25.23 navigation;
25.24 (5) cont1a{,t "itlI 11. board of IMMgUIl of 11. \'\'ltt{'lshcd dilltlict ,,!thin t11.:. lak{,
25.25 iliipro ,e.111e.bt dilltlie.t 01 the. hoard OhUP{'H illOIS <'If a soil Mid "ltte.I e.OllS{,lv lltiOb distlie.t
25.26 ~9ithin tn.{, dist.ric.t fm impIO,CliKllts dnde.I "hapt{'IS lOJC Itll.:1 1OJD,
25.27 t6J undertake research to determine the condition and development of the body of
25.28 water and the water entering it and to transmit the results of the studies to the Pollution
25.29 Control Agency and other interested authorities;
25.30 ffli2l develop and implement a comprehensive plan to eliminate water pollution;
25.31 f&7i1l conduct a program of water improvement and conservation;
25.32 ffliID. construct a water, sewer, or water and sewer system in the manner provided
25.33 by section 444.075 or other applicable laws;
Sec. 45.
25
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26.1 fHtli2l receive financial assistance from and participate in projects or enter into
26.2 contracts with federal and state agencies for the study and treatment of pollution problems
26.3 and related demonstration programs;
26.4 fH7l1.Ql make cooperative agreements with the United States or state government
26.5 or other counties or cities to effectuate water and related land resource programs;
26.6 fH7il!2 maintain public beaches, public docks, and other public facilities for access
26.7 to the body of water;
26.8 -Et-31.i.!ll provide and finance a government service of the county or statutory or
26.9 home rule city that is not provided throughout the county or, if the government service is
26.10 provided, the service is at an increased level within the district; and
26.11 fMtl1ll regulate water surface use as provided in sections 86B.205, 103G.605,
26.12 and 103G.621.
26.13 Sec. 46. Minnesota Statutes 2008, section 103B.611, subdivision 3, is amended to read:
26.14 Subd. 3. Powers. Subject to the provisions of chapters 97 A, -ttBB;- 103E, 103G, and
26.15 115, and the rules and regulations of the respective agencies and governing bodies vested
26.16 with jurisdiction and authority under those chapters, the district has the following powers
26.17 on Lake Minnetonka, excluding the area of public drainage ditches or watercourses
26.18 connected to the lake:
26.19 (1) to regulate the types of boats permitted to use the lake and set service fees;
26.20 (2) to regulate, maintain, and police public beaches, public docks, and other public
26.21 facilities for access to the lake within the territory of the municipalities, provided that a
26.22 municipality may supersede the district's action under this clause by adopting an ordinance
26.23 specifically referring to the district's action by one year after the district's action;
26.24 (3) to limit by rule the use of the lake at various times and the use of various parts of
26.25 the lake;
26.26 (4) to regulate the speed of boats on the lake and the conduct of other activities on
26.27 the lake to secure the safety of the public and the most general public use;
26.28 (5) to contract with other law enforcement agencies to police the lake and its shore;
26.29 (6) to regulate the construction, installation, and maintenance of permanent and
26.30 temporary docks and moorings consistent with federal and state law;
26.31 (7) to regulate the construction and use of mechanical and chemical means of
26.32 deicing the lake and to regulate mechanical and chemical means of removal of weeds
26.33 and algae from the lake;
26.34 (8) to regulate the construction, configuration, size, location, and maintenance of
26.35 commercial marinas and their related facilities including parking areas and sanitary
Sec. 46.
26
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27.] facilities. The regulation shall be consistent with the applicable municipal building codes
27.2 and zoning ordinances where the marinas are located;
27.3 (9) to contract with other governmental bodies to perform any of the functions
27.4 of the district;
27.5 (10) to undertake research to determine the condition and development of the lake
27.6 and the water entering it and to transmit their studies to the Pollution Control Agency
27.7 and other interested authorities, and to develop a comprehensive program to eliminate
27.8 pollution; and
27.9 (11) to receive financial assistance from and join in projects or enter into contracts
27.10 with federal and state agencies for the study and treatment of pollution problems and
27.1] demonstration programs related to them-;-mtd.:.
27.12 (12) to petition 1:11(; bOlUel of llllt11ageIl; of a vvate!sh.::el dist1iet in which the lake
27.13 consc! vation dist1iet is located fOl imprOvements uncle! section lOJD.705, a bond iil not
27.14 !equiled of the lake conservation distIict.
27.]5 For purposes of this subdivision "watercourses connected to the lake" does not
27.]6 include channels connecting portions of the lake to one another.
27.17 Sec. 47. Minnesota Statutes 2008, section 103B.661, subdivision 2, is amended to read:
27.18 Subd. 2. Powers. Subject to the provisions of chapters 97 A, tB3B;- 103E, 103G,
27.19 and 115, and the rules and regulations of the respective agencies and governing bodies
27.20 vested with jurisdiction and authority under those chapters, the district has the following
27.2] powers to:
27.22 (1) regulate the types of boats permitted to use the lake;
27.23 (2) limit the use of motors, including their types and horsepower, on the lake;
27.24 (3) regulate, maintain, and police public beaches, public docks, and other public
27.25 facilities for access to the lake within the territory of the municipalities;
27.26 (4) limit by rule the use of the lake at various times and the use of various parts of
27.27 the lake;
27.28 (5) regulate the speed of boats on the lake and the conduct of other activities on the
27.29 lake to secure the safety of the public and the most general public use;
27.30 (6) contract with other law enforcement agencies to police the lake and its shores;
27.3] (7) regulate the construction, installation, and maintenance of permanent and
27.32 temporary docks and moorings consistent with federal and state law;
27.33 (8) regulate the construction and use of mechanical and chemical means of deicing
27.34 the lake and to regulate the mechanical and chemical means of removal of weeds and
27.35 algae from the lake;
Sec. 47.
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28.1 (9) regulate the construction, configuration, size, location, and maintenance of
28.2 commercial marinas and their related facilities including parking areas and sanitary
28.3 facilities. The regulation shall be consistent with the applicable municipal building codes
28.4 and zoning ordinances where said marinas are situated;
28.5 (10) contract with other governmental bodies to perform any of the functions
28.6 of the district;
28.7 (11) undertake research to determine the condition and development of the lake and
28.8 the water entering it and to transmit their studies to the Pollution Control Agency and other
28.9 interested authorities; and to develop a comprehensive program to eliminate pollution;
28.10 (12) receive financial assistance from and join in projects or enter into contracts
28.11 with federal and state agencies for the study and treatment of pollution problems and
28.12 demonstration programs related to them; and
28.13 (13) p~titiOl'l th~ bMrd of numltgwl of It vv Ittcrshcd dist1i~t vv here; the; \VhitG D~1tI
28.14 L1tk~ Cons~l vativn Dishi~t is lo~lttcd for improvGmwtil w!da ilGGtiotl 10JD.705, fQ[
28.15 vvhiGh It bond may not be; nqnilcd of H1(, distiiGt, imd
28.16 ft4tlU.l to require the submission of all plans pertaining to or affecting construction
28.17 or other lakeshore use on any lot or parcel ofland abutting the shoreline including: length
28.18 of setback from the shoreline, adjoining property, or any street or highway; problems of
28.19 population density; possible water, air or visual pollution; or height of construction. The
28.20 board shall have 60 days after submission of plans or any part thereof for review. If, within
28.21 60 days of submission the board finds the plan or any part is inconsistent with its plans or
28.22 ordinances, it may recommend that the plan or any part be revised and resubmitted.
28.23 Sec. 48. Minnesota Statutes 2008, section 103E.005, subdivision 29, is amended to
28.24 read:
28.25 Subd. 29. Water management authority_ "Water management authority" means a
28.26 county or municipality, Vim~lilh.:d dishict, vvatcrilhcd mmlagGl'llGnt 61gaui:1:11tion, storm
28.27 water management district, lake improvement district, subordinate service district, joint
28.28 powers organization or other special district organized and formed according to law for
28.29 the purpose of managing storm, surface, and flood waters, or with the authority to manage
28.30 storm, surface, and flood waters.
28.31 Sec. 49. Minnesota Statutes 2008, section 103E.021, subdivision 6, is amended to read:
28.32 Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
28.33 inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
28.34 of viewers and redetermination of benefits and damages, a drainage authority may
Sec. 49.
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29.1 implement permanent buffer strips of perennial vegetation approved by the drainage
29.2 authority or side inlet controls, or both, adjacent to a public drainage ditch, where
29.3 necessary to control erosion and sedimentation, improve water quality, or maintain the
29.4 efficiency of the drainage system. Preference should be given to planting native species of
29.5 a local ecotype. The approved perennial vegetation shall not impede future maintenance
29.6 of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
29.7 measured outward from the top edge of the existing constructed channel. Drainage system
29.8 rights-of-way for the acreage and additional property required for the permanent strips
29.9 must be acquired by the authority having jurisdiction.
29.10 (b) A project under this subdivision shall be implemented as a repair according to
29.11 section 103E.705, except that the drainage authority may appoint an engineer to examine
29.12 the drainage system and prepare an engineer's repair report for the project.
29.13 (c) Damages shall be determined by the drainage authority, or viewers, appointed by
29.14 the drainage authority, according to section 103E.315, subdivision 8. A damages statement
29.15 shall be prepared, including an explanation of how the damages were determined for each
29.16 property affected by the project, and filed with the auditor 01 ~~l\.t{uh~d dist1i~t. Within 30
29.17 days after the damages statement is filed, the auditor 01 vvilt{'lshed disi1ict shall prepare
29.18 property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
29.19 (6), (7), and (8), and mail a copy of the property owner's report and damages statement to
29.20 each owner of property affected by the proposed project.
29.21 (d) After a damages statement is filed, the drainage authority shall set a time, by
29.22 order, not more than 30 days after the date of the order, for a hearing on the project. At
29.23 least ten days before the hearing, the auditor Ol vvilt~lshed distIi~t shall give notice by mail
29.24 of the time and location of the hearing to the owners of property and political subdivisions
29.25 likely to be affected by the project.
29.26 (e) The drainage authority shall make findings and order the repairs to be made if
29.27 the drainage authority determines from the evidence presented at the hearing and by the
29.28 viewers and engineer, if appointed, that the repairs are necessary for the drainage system
29.29 and the costs of the repairs are within the limitations of section 1 03E. 705.
29.30 Sec. 50. Minnesota Statutes 2008, section 103E.321, subdivision 2, is amended to read:
29.31 Subd. 2. Benefits and damages statement. (a) The viewers' report must include a
29.32 benefits and damages statement that shows for each property owner how the benefits or
29.33 damages for similar tracts or lots were determined. For similar tracts or lots the report
29.34 must describe:
29.35 (1) the existing land use, property value, and economic productivity;
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30.1 (2) the potential land use, property value, and economic productivity after the
30.2 drainage project is constructed; and
30.3 (3) the benefits or damages from the proposed drainage project.
30.4 (b) Th" soilllnd vvllt':l "ollS"l vl1tion distli"ts Il1'ld County assessors shall cooperate
30.5 with viewers to provide information required under paragraph (a).
30.6 Sec. 51. Minnesota Statutes 2008, section 103E.701, subdivision 2, is amended to read:
30.7 Subd. 2. Repairs affecting public waters. Before a repair is ordered, the drainage
30.8 authority must notify the commissioner if the repair may affect public waters. If the
30.9 commissioner disagrees with the repair depth, the engineer;- and a representative appointed
30.10 by the directOl, mldl1 soilmld 9vllt"l CollS"l vlltioll dist1ic,t tc"hni"i1iil must jointly determine
30.11 the repair depth using soil borings, field surveys, and other available data or appropriate
30.12 methods. Costs for determining the repair depth beyond the initial meeting must be shared
30.13 equally by the drainage system and the commissioner. The determined repair depth must
30.14 be recommended to the drainage authority. The drainage authority may accept the joint
30.15 recommendation and proceed with the repair.
30.16 Sec. 52. Minnesota Statutes 2008, section 103E.735, subdivision 2, is amended to read:
30.17 Subd. 2. Transfer of drainage system. If 11 dtl1iIl1ig" Iryst"m l'I'ithin th" county hM
30.18 b"cn tl1L~n (}vCl b, 11 vviitclsne,d dist1i"t, 01 Ifresponsibility for repair and maintenance of
30.19 fhe~ drainage system within the county has been assumed by 1111)' othe,1 another governing
30.20 body, the board may transfer any remaining surplus of the drainage system repair fund
30.21 to tn." I"pl1il fund ofth" vvl1telshd distIie,t 01 to the appropriate fund of any the existing
30.22 governing body having responsibility for repair and maintenance of the drainage system.
30.23 Sec. 53. Minnesota Statutes 2008, section 103E.805, subdivision 2, is amended to read:
30.24 Subd. 2. Filing. If the drainage system is under the jurisdiction of a drainage
30.25 authority, the petition must be filed with the auditor. lEthe sJst"m i., tlndeI th" jtllisdiction
30.26 of 11 vvl1te,lsh"d dist1iet, the, petition must be filed vvith the seerctMy ofth" dist1iet.
30.27 Sec. 54. Minnesota Statutes 2008, section 103E.812, subdivision 4, is amended to read:
30.28 Subd. 4. Filing petition; jurisdiction. (a) If the drainage system is administered by
30.29 a county or joint county drainage authority and if all property assessed for benefits in the
30.30 drainage system is in one county, the petition must be filed with the auditor unless the
30.31 petition is signed by the board, in which case the petition must be made to the district court
30.32 of the county where the drainage system is located and filed with the court administrator.
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31.1 If the board, acting as the drainage authority, is also the petitioning water management
31.2 authority, the petition must be made to the district court of the county where the drainage
31.3 system is located and filed with the court administrator. If property assessed for benefits is
31.4 in two or more counties, the petition must be filed with the auditor or court administrator
31.5 of either (1) the county where the portion of the drainage system sought to be transferred
31.6 exists; (2) the county not petitioning for the transfer; or (3) the county where the majority
31.7 of the drainage system sought to be transferred exists.
31.8 (b) IfthG dlainage 5Y5telll i5 admini5tGlcd by the boald of manageI5 of a vvatG15hed
31.9 di5ttkt, thG petition llltl5t be :filed vvith the 5eGletal)' o[1he ~lat{,15hcd di5t1iet. Iftl.K
31.10 "litcHhcd di5tliet i5 1i150 tlK petitioning, "lit('1 .1llinagement litlthority, thG pGtition mu5t
31.11 be RIGd "ith the eomt Iidmini5ttatol c;on5i5tcnt ~Iith tl.K elitGlia in pll1lig,liiph (Ii), dittl5G5
31.12 (1) to (3).
31.13 tet When the petition is filed, the drainage authority in consultation with the auditor
31.14 01 &CeIetliry, or the court administrator with the approval of the court, shall set a time and
31.15 location for a hearing on the petition. The audit01, 5eGletlilY, or court administrator shall
31.16 give notice by mail and publication of the time and location of the transfer hearing to all
31.17 persons interested. The notice shall include a description of the property owner's right to
31.18 object under subdivision 5. The drainage authority or the district court where the petition
31.19 is properly filed has jurisdiction of the petition.
31.20 Sec. 55. Minnesota Statutes 2008, section 103E.812, subdivision 5, is amended to read:
31.21 Subd. 5. Transfer hearing. (a) At the hearing, the drainage authority or court shall
31.22 examine the petition and determine whether it is sufficient and shall hear all interested
31.23 parties.
31.24 (b) If a property owner assessed benefits for the drainage system appears and makes
31.25 a written objection to the transfer of the drainage system, the drainage authority or court
31.26 shall appoint a technical panel to examine the drainage system, the property, and the
31.27 proposed transfer and report to the drainage authority or court. The hearing must be
31.28 adjourned to make the examination and report and a date must be set to reconvene. The
31.29 technical panel shall consist, at a minimum, of a representative of the drainage authority, a
31.30 representative of the commissioner, a 1 Cpl e5entlrti v e of the 50il itnd ~vlttel Con5Gl1 Irtion
31.31 di5tIict, a representative of the Board of Water and Soil Resources, and a viewer. The
31.32 technical panel shall proceed to examine the drainage system, the property, and the
31.33 property owner's objections to the proposed transfer of the system and report as soon as
31.34 possible to the drainage authority or court with the merits ofthe objections. The technical
31.35 panel shall also determine the extent to which the transfer of the drainage system will
Sec. 55.
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32.] damage or take property. Nongovernment employee members of the technical panel must
32.2 be compensated in the same manner as viewers under section 103E.645, subdivision 3.
32.3 (c) The Board of Water and Soil Resources and the commissioner, if requested
32.4 by the drainage authority or court, shall provide any technical assistance, including
32.5 engineering, surveys, hydrologic analyses, or water quality studies as requested by the
32.6 drainage authority or court.
32.7 (d) When the hearing is reconvened, the drainage authority or court shall consider
32.8 the technical panel's report and all evidence offered. If the drainage authority or court
32.9 determines that storm, surface, or flood waters along the drainage system or within the
32.10 benefited area of the drainage system, could be better managed by a water management
32.] ] authority, it shall authorize the transfer of the drainage system.
32.]2 Sec. 56. Minnesota Statutes 2008, section 1 03F.lll, subdivision 6, is amended to read:
32.]3 Subd. 6. Local governmental unit. "Local governmental unit" means a county,
32.14 statutory or home rule charter city, town, vvlitcrshal dishid, or lake improvement district.
32.]5 Sec. 57. Minnesota Statutes 2008, section 103F.173, is amended to read:
32.]6 l03F.173 PROGRAM.
32.17 There shall be a state grant-in-aid pilot program of providing financial assistance to
32.] 8 units of local government, including countics, s<'Jillind vv litcr CoMcr v Iltiol1 dish iets, ltlld
32.19 vvlitcrshed districts, located in the Southern Minnesota River Basin Area II for project and
32.20 construction costs for the building of floodwater retarding and retention structures within a
32.2] general plan for floodplain management.
32.22 Sec. 58. Minnesota Statutes 2008, section 103FA01, subdivision 8, is amended to read:
32.23 Subd. 8. Local government. "Local government" means the elected governing
32.24 body of a county, home rule charter or statutory city, or town, or their designated
32.25 agents. Agents may include soilltnd vvlitcr conscr ~lltioll districts, water management
32.26 organizations, joint powers boards, vvlttershcd dishicts, and other governmental entities
32.27 responsible for resource management within the local government's jurisdiction.
32.28 Sec. 59. Minnesota Statutes 2008, section 103F.401, subdivision 12, is amended to
32.29 read:
32.30 Subd. 12. Technical guide. "Technical guide" means the guide developed by the
32.3] United States Soil Conservation Service lind !l.d<'Jpted by soil ttlld hliter catlsCIvlltioll
32.32 dishicts containing technical information including methods and procedures by which
Sec. 59.
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33.1 the various types of erosion can be measured, and conservation practice standards and
33.2 specifications required in the application of soil and water conservation practices.
33.3 Sec. 60. Minnesota Statutes 2008, section 1 03F.411, subdivision 1, is amended to read:
33.4 Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation
33.5 with counties, soil ~nd VY~t\Cl conscIvlttion districts, and other appropriate agencies,
33.6 shall adopt a model ordinance and rules that serve as a guide for local governments to
33.7 implement sections 103FAOl to 103FA55 and provide administrative procedures for the
33.8 board for sections 103F.401 to 103FA55.
33.9 Sec. 61. Minnesota Statutes 2008, section 103F.411, subdivision 3, is amended to read:
33.10 Subd. 3. Periodic review. At least once every five years the board shall review the
33.11 rules and model ordinance in cooperation with counties, s6illtfid I'\<lttCl COllSG vlttion
33.12 districts, and appropriate agencies to ensure their continued applicability and relevance.
33.13 Sec. 62. Minnesota Statutes 2008, section 103FA21, subdivision 1, is amended to read:
33.14 Subdivision 1. Complaint. (a) An adversely affected landowner;- or an elected or
33.15 appointed official of the local government, 01 ~ soilltnd VY~tCl eonSG v~tion. distIict boald
33.16 membG may submit a written complaint to the local government if conditions exist that
33.17 indicate there is excessive soil loss from a tract of land that affects another tract of land or
33.18 body of water. The written complaint must contain:
33.19 (1) the name and address of the landowner whose land is causing excessive soil loss;
33.20 (2) the location of the tract ofland with the excessive soil loss;
33.21 (3) a description ofland or water that is affected by the excessive soil loss; and
33.22 (4) a description of the nature of the excessive soil loss and resulting sedimentation.
33.23 (b) The local government shall submit the complaint to the soil/md vv IltCl
33.24 Co11SCl ~lttion dist1ict Board of Water and Soil Resources for soil loss determination.
33.25 Sec. 63. Minnesota Statutes 2008, section 103F.421, subdivision 2, is amended to read:
33.26 Subd. 2. District Board determination of soil loss. (a) The soil ~nd vv~tel
33.27 ConSCl v "tio11 district Board of Water and Soil Resources shall determine the average soil
33.28 loss in tons per acre per year of the tract of land cited in the complaint.
33.29 (b) Representatives of the soil ~nd vv ~tCI consCI v ~tion dish ict Board of Water
33.30 and Soil Resources may enter public or private land to make an inspection for the
33.31 determination of soil loss or to complete the report required by paragraph (c). The
Sec. 63.
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34.1 landowners must be notified of the time of the inspection and be given an opportunity to
34.2 be present when the inspection is made.
34.3 (c) The soil ahd "at'-l '-CoMO vatien dist1ict Board of Water and Soil Resources shall
34.4 submit a report to the local government that states the average soil loss in tons per acre
34.5 per year for each tract of land and whether the soil loss is excessive under the applicable
34.6 soil loss limits. If the soil loss is excessive the report must include identification of
34.7 existing management practices and a conservation plan and time schedule that will prevent
34.8 excessive soil loss or reduce the soil loss to the most practicable extent.
34.9 Sec. 64. Minnesota Statutes 2008, section 103F.421, subdivision 3, is amended to read:
34.10 Subd. 3. Mediation. (a) If the soil wnd ~~atcl Co11S'-l vation di5t1iet Board of Water
34.11 and Soil Resources report shows that soil loss from the tract of land is excessive and
34.12 alternative practices are available to reduce the soil loss, the local government shall request
34.13 the allegedly offending landowner to participate in mediation with the local government.
34.14 (b) The local government may appoint the planning and zoning director, a planning
34.15 commissioner, or other county official to act as a mediator. The local government may
34.16 also contract with a mediation center to provide mediation services.
34.17 (c) The landowner and the local government or its agent must attempt to agree on
34.18 conservation practices and times to implement the practice that will reduce soil loss to
34.19 the local soil loss limits.
34.20 (d) A mediated settlement must be in writing and filed with the local government.
34.21 (e) If the local government and the landowner do not agree to a mediated settlement,
34.22 or if the landowner refuses to participate in mediation, the local government shall forward
34.23 the complaint to the county attorney. The county attorney may dismiss the complaint or
34.24 petition for a hearing under section 103F.425.
34.25 Sec. 65. Minnesota Statutes 2008, section 103F.431, is amended to read:
34.26 103F.431 SOIL AND WATER CONSERVATION BOARD OF WATER AND
34.27 SOIL RESOURCES ASSISTANCE.
34.28 A landowner who has filed a mediated settlement under section 103F.421 or
34.29 who has received a court order under section 103F.425 may request the soil and vvmGI
34.30 '-OMU v1tti(m di~t1ict Board of Water and Soil Resources to assist in the planning, design,
34.31 and application of practices necessary to reduce soil loss to the applicable soil loss limit
34.32 amounts or to the greatest practical extent. The 50illmd vvm'-l G01'l.5el vatio1'l. dist1ict Board
34.33 of Water and Soil Resources must give the landowner a high priority for technical and
34.34 cost-sharing assistance.
Sec. 65.
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35.1 Sec. 66. Minnesota Statutes 2008, section 103F.44l, subdivision 2, is amended to read:
35.2 Subd. 2. Permit required. The local government may appoint the zoning
35.3 and planning director, building inspector,...Q!: county enginee1, 61 the, soil and watel
35.4 conse19Zltioll di~tIid to review the plan and time schedule. If the sedimentation control
35.5 plan and time schedule will prevent excessive soil loss to the most practicable extent, the
35.6 local government must issue a permit that authorizes the development activity contingent
35.7 upon the implementation and completion of the sedimentation control plan.
35.8 Sec. 67. Minnesota Statutes 2008, section 103F.445, subdivision 1, is amended to read:
35.9 Subdivision 1. Cost share required. Except for a development activity, a land
35.10 occupier may not be required to establish soil conservation practices unless state
35.11 cost-sharing funds have been specifically approved for that land and have been made
35.12 available to the land occupier under sections 103F.42l and 103F.425, equal to at least
35.13 75 percent of the cost of the permanent conservation practices on a voluntary basis, or
35.14 a 50 percent cost share if an application for cost share is not made within 90 days after
35.15 the board approves a mediated written agreement or within 90 days after the court orders
35.16 implementation of a plan and time schedule prepared by the landowner or the court. For
35.17 mediated settlements, a court order that implements the landowner's alternatives or the
35.18 court's alternatives must state the time schedule for application for 50 percent cost share.
35.19 Ifthe court orders implementation of the disttiet's Board of Water and Soil Resources' plan
35.20 and time schedule, a landowner is eligible only for 50 percent cost-share.
35.21 Sec. 68. Minnesota Statutes 2008, section 103F.445, subdivision 2, is amended to read:
35.22 Subd. 2. Review of requirements. The Board of Water and Soil Resources
35.23 shall review these requirements at least once each year and may authorize a distiiet to
35.24 plovidG a higher percentage of cost sharing than is required by this section. To aid in
35.25 thi~ dGtGIU1ination, thG bOMd ril"y Go1'l~ida the IOGation ofthG affreted. MGa i1l1clation
35.26 to thG plioIity areM M e~tablishcd in the ~oil and. vvatGl GonSGr vatlon msttict anntlalltlld
35.27 long-u,ngG plan~.
35.28 Sec. 69. Minnesota Statutes 2008, section 103F.6l2, subdivision 3, is amended to read:
35.29 Subd. 3. Review and notice. Upon receipt of an application, the county shall
35.30 determine if all material required by subdivision 2 has been submitted and, if so, shall
35.31 determine that the application is complete. The term "date of application" means the
35.32 date the application is determined to be complete by the county. The county shall send
35.33 a copy of the application to the county assessor;- and the Board of Water and Soil
Sec. 69.
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36.1 Resources, md HK soil and vvatGl conSG vation district vvhGlc the ltmd is located. The
36.2 soillmd vvatc,l eonsel vatiem distliet Board of Water and Soil Resources shall prepare
36.3 an advisory statement of existing and potential preservation problems or conflicts and
36.4 send the statement to the owner of record and to the county. The county shall notify the
36.5 landowner of the acceptance or denial of the application within 60 days from the date
36.6 of the application.
36.7 Sec. 70. Minnesota Statutes 2008, section 103F.613, subdivision 3, is amended to read:
36.8 Subd. 3. Notice and recording; termination. When the county receives notice
36.9 under subdivision 2, the county shall forward the original notice to the county recorder for
36.10 recording or to the registrar of titles for filing if the land is registered and shall notify the
36.11 regional development commission, where applicable, and the Board of Water and Soil
36.12 Resources, and the eomA)' soil and vvatGl eonsCl vatio11 disttict of the date of expiration.
36.13 The benefits and limitations of the wetland preservation area and the restrictive covenant
36.14 filed with the application cease on the date of expiration. If the land is registered, the
36.15 registrar of titles shall cancel the memorial of the application containing the restrictive
36.16 covenant upon the certificate of title on the effective date of the expiration.
36.17 Sec. 71. Minnesota Statutes 2008, section 103F.711, subdivision 5, is amended to read:
36.18 Subd. 5. Local unit of government. "Local unit of government" means a statutory
36.19 or home rule charter city, town, or county, soillt1ld vvatel (;0113':'1 95;1:)on dishic,t, vv1tlelshed
36.20 disttict, an organization formed for the joint exercise of powers under section 471.59, and
36.21 any other special purpose district or authority exercising authority in water and related
36.22 land resources management at the local level.
36.23 Sec. 72. Minnesota Statutes 2008, section 103F.731, subdivision 2, is amended to read:
36.24 Subd. 2. Documents required. (a) An applicant for assistance shall submit the
36.25 following to the agency:
36.26 (1) an application form as prescribed by the agency; and
36.27 (2) cvidw.:.c tllat thc appli.:.ant has cvnsultcd \'\lith the local soil and vvate1
36.28 conscl9ation dishicts and vvatc1shcd disttiGts, vvh.:.1C they c,xist, ili plcp1'llillg thc
36.29 application, Imd
36.30 ffl one of the following documents:
36.31 (i) the comprehensive water plan authorized under sections 103B.301 to 103B.355;
36.32 (ii) a surface water management plan required under section 1 03B.231 ; or
36.33 (iii) an ovc1all pla1l1eqtli1Cd undel Ghaptel 103D, 01
Sec. 72.
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37.] Wany other local plan that provides an inventory of existing physical and
37.2 hydrologic information on the area, a general identification of water quality problems
37.3 and goals, and that demonstrates a local commitment to water quality protection or
37.4 improvement.
37.5 (b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
37.6 water plan under the; COli:lplchcnsive; Le,cfil \Vfikl MMlfigclllcnt Act, ChfiptCl 10JD, OI
37.7 sections 10JD.211 103B.23l to 103B.255, will be eligible under paragraph (a), clause (3).
37.8 (c) The document submitted in compliance with paragraph (a), clause (2), must
37.9 identify existing and potential nonpoint source water pollution problems and must
37.10 recognize the need and demonstrate the applicant's commitment to abate or prevent water
37.11 pollution from nonpoint sources in the geographic areas for which the application is
37.]2 submitted.
37.13 Sec. 73. Minnesota Statutes 2008, section 103F.735, subdivision 2, is amended to read:
37.14 Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best
37.15 demonstrate compliance with the objectives in paragraphs (b) to (e).
37.16 (b) The project demonstrates participation, coordination, and cooperation between
37.]7 local units of government and other public agencies, indttding s5il find vvMCl CofiSCl v1ttion
37.]8 distii<,ts 01 vvMClslKd distiie;ts, 01 both those, distiicts.
37.]9 (c) The degree of water quality improvement or protection is maximized relative to
37.20 the cost of implementing the best management practices.
37.2 ] (d) Best management practices provide a feasible means to abate or prevent nonpoint
37.22 source water pollution.
37.23 (e) The project goals and objectives are consistent with the state water quality
37.24 management plans, the statewide resource assessment conducted under section 103F.72l,
37.25 and other applicable state and local resource management programs.
37.26 Sec. 74. Minnesota Statutes 2008, section 103F.801, subdivision 3, is amended to read:
37.27 Subd. 3. Powers. The county boards shall have power to:
37.28 (1) acquire, in the name of the county, by gift or purchase or by condemnation under
37.29 chapter 117, an existing dam or control works that may affect the level of waters;
37.30 (2) construct and operate water control structures if approved by the commissioner
37.3] of natural resources under sections 1030.245 and 1030.405;
37.32 (3) undertake projects to change the course current or cross section of public
37.33 waters if approved by the commissioner of natural resources under sections 1030.245
37.34 and 1030.405;
Sec. 74.
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38.1 (4) improve navigation and to acquire by gift or purchase land, equipment, or other
38.2 facilities to improve navigation;
38.3 (5) conhaet with a boatd of manag"ls of a ~,atcIsI-."d distii"t I'V ithin the count)- or
38.4 the bMld of Sttpe:l v iSOIS of a soil and MttGl e:oll5"lvation distIie:t 9\Jithin the; C.Odllry f01
38.5 implO v GllKnts nndGI "haptGIS 10JC and lOJD,
38.6 t6t undertake research to determine the condition and development of the body of
38.7 water and the water entering it and to transmit these studies to the Pollution Control
38.8 Agency and other interested authorities;
38.9 ffli2l conduct a program of water improvement and conservation;
38.10 f81J1l develop and implement the comprehensive plan to eliminate water pollution,
38.1] provided that construction of any water, sewer, or water and sewer system shall be
38.12 undertaken in the manner provided by section 444.075 or other applicable laws and not
38.]3 under this section;
38.14 ffllB receive financial assistance from and join in projects or enter into contracts
38.15 with federal and state agencies for the study and treatment of related pollution problems
38.] 6 and demonstration programs;
38.17 fteti2} maintain public beaches, public docks, and other public facilities for access
38.18 to a body of water;
38.] 9 fH7Jl.Ql make cooperative agreements with the United States or state government
38.20 or another county or city to implement the provisions of this section; and
38.21 ft271!ll require projects to change the course, current, or cross-section of public
38.22 waters within unincorporated areas to be approved by the county board before submitting
38.23 an application for a permit to the commissioner as required by sections 103G.245 and
38.24 103GA05.
38.25 Sec. 75. Minnesota Statutes 2008, section 103F.901, subdivision 5, is amended to read:
38.26 Subd. 5. Local unit of government. "Local unit of government" means a county
38.27 board, or joint county board, wMCIShc.d maMgemmt Olganizlltion, 61 vvltteIshed dishiet.
38.28 Sec. 76. Minnesota Statutes 2008, section 103F.950, subdivision 1, is amended to read:
38.29 Subdivision 1. Establishment. The Board of Water and Soil Resources shall
38.30 establish a beaver damage control grant program to provide grants for the control of
38.3] beaver activities causing damage to public waters, roads, and ditches and adjacent private
38.32 property. The grants may be made to:
38.33 (1) a joint powers board established under section 471.59 by two or more
38.34 governmental units; and
Sec. 76.
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39.1 (2) s6illind vvl1t~1 (',0111$(;1 vlitio11 dist1i~ts, and
39.2 f-l7 Indian tribal governments.
39.3 Sec. 77. Minnesota Statutes 2008, section lO3G.005, subdivision lOe, is amended to
39.4 read:
39.5 Subd. lOe. Local government unit. "Local government unit" means:
39.6 (1) outside of the seven-county metropolitan area, a city council, or county board of
39.7 commissioners, 61 a soil Mid ~9at~1 ~olls~Hation dist1ict or their delegate;
39.8 (2) in the seven-county metropolitan area, a city council, or a town board under
39.9 section 368.01, a ~9aklshcd rilanag~mGlit (1)ShlliZ:lltloll tlnd(',ls~(',tion IOJD.211, 01 a soil
39.10 I1nd vv at~1 CollSCl\J ation dist:l:i~t or their delegate; and
39.11 (3) on state land, the agency with administrative responsibility for the land.
39.12 Sec. 78. Minnesota Statutes 2008, section lO3G.201, is amended to read:
39.13 l03G.201 PUBLIC WATERS INVENTORY.
39.14 (a) The commissioner shall prepare a public waters inventory map of each county
39.15 that shows the waters of this state that are designated as public waters under the public
39.16 waters inventory and classification procedures prescribed under Laws 1979, chapter
39.17 199. The public waters inventory map for each county must be filed with the auditor
39.18 of the county.
39.19 (b) The commissioner is authorized to revise the list of public waters established
39.20 under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
39.21 identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
39.22 wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
39.23 public waters wetlands as public waters if:
39.24 (1) they are assigned a shoreland management classification by the commissioner
39.25 under sections 103F.201 to 103F.221;
39.26 (2) they are classified as lacustrine wetlands or deepwater habitats according to
39.27 Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
39.28 et aI., 1979 edition); or
39.29 (3) the state or federal government has become titleholder to any of the beds or
39.30 shores of the public waters wetlands, subsequent to the preparation of the public waters
39.31 inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
39.32 responsible state or federal agency declares that the water is necessary for the purposes
39.33 of the public ownership.
Sec. 78.
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40.] (C) The commissioner must provide notice of the reclassification to the local
40.2 government unit;- and the county board, the vvllt'::l~hcd di~t1ict, if one exi3t~ [61 thc
40.3 <'lIC"', and the ~oil "'Ild il'1ll:kr cOn!\('l'iatioll di~hie;t. Within 60 days of receiving notice
40.4 from the commissioner, a party required to receive the notice may provide a resolution
40.5 stating objections to the reclassification. If the commissioner receives an objection
40.6 from a party required to receive the notice, the reclassification is not effective. If the
40.7 commissioner does not receive an objection from a party required to receive the notice,
40.8 the reclassification of a wetland under paragraph (b) is effective 60 days after the notice
40.9 is received by all of the parties.
40.] 0 (d) The commissioner shall give priority to the reclassification of public waters
40.]] wetlands that are or have the potential to be affected by public works projects.
40.12 (e) The commissioner may revise the public waters inventory map and list of each
40.13 county:
40.]4 (1) to reflect the changes authorized in paragraph (b); and
40.]5 (2) as needed, to:
40.16 (i) correct errors in the original inventory;
40.]7 (ii) add or subtract trout stream tributaries within sections that contain a designated
40.] 8 trout stream following written notice to the landowner;
40.19 (iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
40.20 50 acres and the shoreland has been zoned for residential development; and
40.2] (iv) add or subtract public waters that have been created or eliminated as a
40.22 requirement of a permit authorized by the commissioner under section 103G.245.
40.23 Sec. 79. Minnesota Statutes 2008, section 103G.2212, subdivision 3, is amended to
40.24 read:
40.25 Subd. 3. Form for compliance with this section. The board shall develop a form to
40.26 be distributed to contractors' associations;- and local government units, 1l1'1d .soil and vvltta
40.27 conscl vlltion dishicts to comply with this section. The form must include:
40.28 (1) a listing of the activities for which a replacement plan is required;
40.29 (2) a description of the penalties for violating sections 103G.2212 to I03G.237;
40.30 (3) the telephone number to call for information on the responsible local government
40.3] unit;
40.32 (4) a statement that national wetland inventory maps are on file with the soil1l1'1d
40.33 vvlltO CenSCI vatien disttict officc Board of Water and Soil Resources; and
Sec. 79.
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41.1 (5) spaces for a description of the work and the names, mailing addresses, and
41.2 telephone numbers of the person authorizing the work and the agent or employee
41.3 proposing to undertake it.
41.4 Sec. 80. Minnesota Statutes 2008, section 1030.2241, subdivision 1, is amended to
41.5 read:
41.6 Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
41.7 required for:
41.8 (1) activities in a wetland that was planted with annually seeded crops, was in a crop
41.9 rotation seeding of pasture grass or legumes, or was required to be set aside to receive
41.10 price support or other payments under United States Code, title 7, sections 1421 to 1469,
41.1] in six of the last ten years prior to January 1, 1991;
41.12 (2) activities in a type I wetland on agricultural pasture land that remains in the
41.13 same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
41.14 or type 6 wetland that is less than two acres in size and located on agricultural pasture
41.15 land that remains in the same use;
41.16 (3) activities in a wetland conducted as part of normal farming practices. For
41.17 purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
41.18 and ranching activities such as plowing, seeding, cultivating, and harvesting for the
41.19 production of feed, food, and fiber products, but does not include activities that result in
41.20 the draining of wetlands;
41.2] (4) soil and water conservation practices approved by the soil and vvate! conSGI vlltie,n
41.22 dist1ict, aftc.! lc.vicvv by thc Tc.cnllical Lvaltllttion Pand board;
41.23 (5) aquaculture activities including pond excavation and construction and
41.24 maintenance of associated access roads and dikes authorized under, and conducted in
41.25 accordance with, a permit issued by the United States Army Corps of Engineers under
41.26 section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
41.27 but not including construction or expansion of buildings;
41.28 (6) wild rice production activities, including necessary diking and other activities
41.29 authorized under a permit issued by the United States Army Corps of Engineers under
41.30 section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
41.3] (7) agricultural activities on agricultural land that is subject to federal farm program
41.32 restrictions that meet minimum state standards under this chapter and sections 103A.202
41.33 and 103B.3355 and that have been approved by the Board of Water and Soil Resources,
41.34 the commissioners of natural resources and agriculture, and the Pollution Control Agency.
Sec. 80.
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42.1 Sec. 81. Minnesota Statutes 2008, section 103G.2241, subdivision 10, is amended to
42.2 read:
42.3 Subd. 10. Wildlife habitat. A replacement plan for wetlands is not required for:
42.4 (I) deposition of spoil resulting from excavation within a wetland for a wildlife
42.5 habitat improvement project, if:
42.6 (i) the area of deposition does not exceed five percent ofthe wetland area or one-half
42.7 acre, whichever is less, and the spoil is stabilized and permanently seeded to prevent
42.8 erosIOn;
42.9 (ii) the project does not have an adverse impact on any species designated as
42.10 endangered or threatened under state or federal law; and
42.11 (iii) the project will provide wildlife habitat improvement as certified by the s.5il and
42.12 vv<tte. eonsCI vlttion distiiet commissioner; or
42.13 (2) duck blinds.
42.14 Sec. 82. Minnesota Statutes 2008, section 103G.2242, subdivision 2, is amended to
42.15 read:
42.16 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
42.17 or type of a wetland shall be submitted to and determined by a Technical Evaluation
42.18 Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
42.19 a technical professional employee of the board, a tcd-mical plof{,ssional (,lllployc.:. of
42.20 the lo.:.al soil and vvat.:.l conS.:.l vativll distlic:,t 01 dist1i.:.ts, a technical professional with
42.21 expertise in water resources management appointed by the local government unit, and
42.22 a technical professional employee of the Department of Natural Resources for projects
42.23 affecting public waters or wetlands adjacent to public waters. The panel shall use the
42.24 "United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
42.25 including updates, supplementary guidance, and replacements, if any, "Wetlands of
42.26 the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
42.27 and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
42.28 edition). The panel shall provide the wetland determination and recommendations on
42.29 other technical matters to the local government unit that must approve a replacement
42.30 plan, wetland banking plan, exemption determination, no-loss determination, or wetland
42.31 boundary or type determination and may recommend approval or denial of the plan. The
42.32 authority must consider and include the decision of the Technical Evaluation Panel in their
42.33 approval or denial of a plan or determination.
Sec. 82.
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43.1 (b) Persons conducting wetland or public waters boundary delineations or type
43.2 determinations are exempt from the requirements of chapter 326. The board may develop
43.3 a professional wetland delineator certification program.
43.4 Sec. 83. Minnesota Statutes 2008, section l03G.2242, subdivision 2a, is amended to
43.5 read:
43.6 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
43.7 for a wetland boundary or type determination from the local government unit. The
43.8 landowner applying for the determination is responsible for submitting proof necessary
43.9 to make the determination, including, but not limited to, wetland delineation field data,
43.10 observation well data, topographic mapping, survey mapping, and information regarding
43.11 soils, vegetation, hydrology, and groundwater both within and outside of the proposed
43.12 wetland boundary.
43.13 (b) A local government unit that receives an application under paragraph (a) may
43.14 seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
43.15 if necessary, expand the Technical Evaluation Panel. The local government unit may
43.16 delegate the decision authority for wetland boundary or type determinations to designated
43.17 staff, or establish other procedures it considers appropriate.
43.18 (c) The local government unit decision must be made in compliance with section
43.19 15.99. Within ten calendar days of the decision, the local government unit decision must
43.20 be mailed to the landowner, members of the Technical Evaluation Panel, tile, ~vlttclshed
43.21 distIiet 01 vv/ltGlsIKd mMltgema"J.t C'>1~ll.lliLl'ltioIl, if C'>fiC exists, and individual members of
43.22 the public who request a copy.
43.23 (d) Appeals of decisions made by designated local government staff must be made
43.24 to the local government unit. Notwithstanding any law to the contrary, a ruling on an
43.25 appeal must be made by the local government unit within 30 days from the date of the
43.26 filing of the appeal.
43.27 (e) The local government unit decision is valid for three years unless the Technical
43.28 Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
43.29 or soils of the area have been sufficient to alter the wetland boundary or type.
43.30 Sec. 84. Minnesota Statutes 2008, section 103G.2242, subdivision 5, is amended to
43.31 read:
43.32 Subd. 5. Processing fee. The local government unit /lnd sC'>illl1ld vvMO consel v Mion
43.33 dimriet may charge processing fees in amounts not greater than are necessary to cover the
43.34 reasonable costs of implementing the rules adopted under subdivision 1 and for technical
Sec. 84.
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44.1 and administrative assistance to landowners in processing other applications for projects
44.2 affecting wetlands.
44.3 Sec. 85. Minnesota Statutes 2008, section 1030.2242, subdivision 6, is amended to
44.4 read:
44.5 Subd. 6. Notice of application. ( a) Except as provided in paragraph (b), within
44.6 ten days of receiving an application for approval of a replacement plan under this
44.7 section, copies of the complete application must be mailed to the members of the
44.8 Technical Evaluation Panel, tlle, mIlM!5GL5 of tIle, ~vlltGrshcd dishict if oIl(; .:.,xists, and
44.9 the commissioner of natural resources. Individual members of the public who request a
44.10 copy shall be provided information to identify the applicant and the location and scope
44.11 of the project.
44. I 2 (b) Within ten days of receiving an application for approval of a replacement plan
44.13 under this section for an activity affecting less than 10,000 square feet of wetland, a
44.14 summary of the application must be mailed to the members of the Technical Evaluation
44.15 Panel, individual members of the public who request a copy, and the commissioner
44.16 of natural resources.
44.17 (c) For the purpose of this subdivision, "application" includes a revised application
44.18 for replacement plan approval and an application for a revision to an approved replacement
44.19 plan if:
44.20 (1) the wetland area to be drained or filled under the revised replacement plan is at
44.21 least ten percent larger than the area to be drained or filled under the original replacement
44.22 plan; or
44.23 (2) the wetland area to be drained or filled under the revised replacement is located
44.24 more than 500 feet from the area to be drained or filled under the original replacement plan.
44.25 Sec. 86. Minnesota Statutes 2008, section 1030.2242, subdivision 7, is amended to
44.26 read:
44.27 Subd. 7. Notice of decision. Within ten days of the approval or denial of a
44.28 replacement plan under this section, a summary of the approval or denial must be mailed
44.29 to members of the Technical Evaluation Panel, the applicant, individual members of the
44.30 public who request a copy, the l'nll11llgcrs ofthc ~~ltt"::'lshGd distJkt, if one Gxists, and the
44.31 commissioner of natural resources.
44.32 Sec. 87. Minnesota Statutes 2008, section 1030.2243, subdivision I, is amended to
44.33 read:
Sec. 87.
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45.1 Subdivision 1. General requirements; notice and participation. (a) As an
45.2 alternative to the rules adopted under section 103G.2242, subdivision 1, and the public
45.3 value criteria established or approved under section 103B.3355, a comprehensive wetland
45.4 protection and management plan may be developed by a local government unit, or one or
45.5 more local government units operating under a joint powers agreement, provided that:
45.6 (1) a notice is made at the beginning of the planning process to the board, the
45.7 commissioner of natural resources, the Pollution Control Agency, the commissioner
45.8 of agriculture, local government units, and local citizens to actively participate in the
45.9 development of the plan; and
45.10 (2) the plan is implemented by ordinance as part of the local government's official
45.11 controls under chapter 394, for a county; chapter 462, for a city; and chapter 366, for a
45.12 town, and by wIGs adopt(:d tlhd';:l dlliptCl lOJD, fOl a vvllt(:ISh.;:d dist1kt, and ChaptGI
45.13 lOJD, ful a vvlltoshcd l1lltllagcmCl1t mgltllizlltiOl1.
45.14 (b) An organization that is invited to participate in the development of the local plan,
45.15 but declines to do so and fails to participate or to provide written comments during the
45.16 local review process, waives the right during board review to submit comments, except
45.17 comments concerning consistency of the plan with laws and rules administered by that
45.18 agency. In determining the merit of an agency comment, the board shall consider the
45.19 involvement of the agency in the development of the local plan.
45.20 Sec. 88. Minnesota Statutes 2008, section 103G.2372, subdivision 1, is amended to
45.21 read:
45.22 Subdivision 1. Commissioner of natural resources. (a) The commissioner of
45.23 natural resources, conservation officers, and peace officers shall enforce laws preserving
45.24 and protecting groundwater quantity, wetlands, and public waters. The commissioner of
45.25 natural resources, a conservation officer, or a peace officer may issue a cease and desist
45.26 order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or
45.27 public waters.
45.28 (b) In the order, or by separate order, the commissioner, conservation officer, or
45.29 peace officer may require restoration or replacement of the wetland or public waters, as
45.30 determined by the local soil and vvltto (:01'I.S(:1 ~ Iltion distIi(:t Board of Water and Soil
45.31 Resources for wetlands and the commissioner of natural resources for public waters.
45.32 Restoration or replacement orders may be recorded or filed in the office of the county
45.33 recorder or registrar of titles, as appropriate, in the county where the real property is
45.34 located by the commissioner of natural resources, conservation officers, or peace officers
45.35 as a deed restriction on the property that runs with the land and is binding on the owners,
Sec. 88.
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46.] successors, and assigns until the conditions of the order are met or the order is rescinded.
46.2 Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any
46.3 document filed under this section.
46.4 Sec. 89. Minnesota Statutes 2008, section 1030.2372, subdivision 3, is amended to
46.5 read:
46.6 Subd. 3. Restitution. The court may, as part of sentencing, require a person
46.7 convicted under subdivision 2 to restore or replace the wetland or public waters, as
46.8 determined by the local 50il and watGI G0115(,1 vation di5tliGt Board of Water and Soil
46.9 Resources for wetlands and the commissioner of natural resources for public waters.
46.10 Sec. 90. Minnesota Statutes 2008, section 1030.245, subdivision 5, is amended to read:
46.]] Subd. 5. Delegation of permit authority to local units of government. ( a) The
46.12 commissioner may delegate public waters work permit authority to the appropriate county
46.13 or municipality 01 to ~MGI5tGd di511iGt5 01 ,~atGI5hGd m1l1lagGlllGllt olganiz;ation5 that havG
46.14 GkGkd to M5':'lt 10Gal authority v\'(,1 pHJtcGkd vvlttCl5. The public waters work permit
46.15 authority must be delegated under guidelines of the commissioner and the delegation must
46.]6 be done by agreement with the involved county, or municipality, vvatcl5hcd di5ttiGt, 61
46.17 WMCll11a11agelilGllt O1ganiLation and in compliance with section 1030.315.
46.18 (b) For projects affecting public waters wetlands and for wetland areas of public
46.19 waters affected by a public transportation project as determined by the commissioner, the
46.20 commissioner may waive the requirement for a public waters work permit if the local
46.2] government unit makes a replacement, no-loss, or exemption determination in compliance
46.22 with sections 103A.201, 103B.3355, and 1030.222 to 1030.2372, and rules adopted
46.23 pursuant to these same sections.
46.24 (c) For projects affecting both public waters and wetlands, the local government
46.25 unit may, by written agreement with the commissioner, waive the requirement for a
46.26 replacement plan, no-loss, or exemption determination if a public waters work permit is
46.27 required and the commissioner includes the provisions of sections 1 03A.20 1, 103B.3355,
46.28 and 1030.222 to 1030.2372, and rules adopted pursuant to these same sections in the
46.29 public waters work permit.
46.30 Sec. 91. Minnesota Statutes 2008, section 1030.271, subdivision 4, is amended to read:
46.3] Subd. 4. Minimum use exemption and local approval of low use permits. (a)
46.32 DXGcpt EO! lo,:,al pelmits unda sGGtion lOJD.211, sttbdi vision 4, A water use permit is not
Sec. 91.
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47.1 required for the appropriation and use of less than a minimum amount prescribed by
47.2 the commissioner by rule.
47.3 (b) Water use permits for more than the minimum amount but less than an
47.4 intermediate amount prescribed by rule must be processed and approved at the municipal,
47.5 county, or regional level based on rules adopted by the commissioner.
47.6 (c) The rules must include provisions for reporting to the commissioner the amounts
47.7 of water appropriated under local permits.
47.8 Sec. 92. Minnesota Statutes 2008, section 103G.295, subdivision 1, is amended to read:
47.9 Subdivision 1. Recommendation and information for waters of the state
47.10 appropriation. (a) If an application is made for a permit to irrigate agricultural
47.11 land from waters of the state, the soil find ~,fitu GOnseI 91ltion distIiet Board of Water
47.12 and Soil Resources may make recommendations to the commissioner regarding the
47.13 disposition of the application and its compatibility to--lt with any comprehensive soil
47.14 and water conservation plan fippIoved nndc'lSGGtion IOJC.JJ1, subdivision I!. The
47.15 recommendations must be made within 30 days of the receipt of the application.
47.16 (b) Within 30 days of receipt of the application, the commissioner may require
47.17 additional specific information from the applicant.
47.18 Sec. 93. Minnesota Statutes 2008, section 103G.295, subdivision 3, is amended to read:
47.19 Subd. 3. Groundwater appropriation permit classification areas. (a) Water
47.20 use permit applications required for appropriation of groundwater for agricultural
47.21 irrigation must be processed in the order received and designated as either class A or
47.22 class B applications. Class A applications are for wells located in areas for which the
47.23 commissioner has adequate groundwater availability data. Class B applications are for
47.24 wells located in other areas.
47.25 (b) The commissioner must evaluate available groundwater data, determine its
47.26 adequacy, and designate class A and B application areas for the entire state. The
47.27 commissioner shall request, obtain, and evaluate groundwater data from soil .md v.fiteI
47.28 eonsel .ation di6t1iGls the Board of Water and Soil Resources, and where appropriate
47.29 revise the class A and B application area designations.
47.30 (c) The commissioner shall file a commissioner's order with the secretary of state
47.31 defining class A and B application areas by county and township. Additional areas may be
47.32 added by a later order of the commissioner.
47.33 Sec. 94. Minnesota Statutes 2008, section 103G.295, subdivision 5, is amended to read:
Sec. 94.
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48.1 Subd. 5. Issuance of permits for groundwater appropriation. The commissioner
48.2 may issue water use permits for irrigation appropriation from groundwater only if the
48.3 commissioner determines that:
48.4 (1) proposed soil and water conservation measures are adequate based on
48.5 recommendations of the se,il and vvate! ee,nsel vaticm dish iets Board of Water and Soil
48.6 Resources; and
48.7 (2) water supply is available for the proposed use without reducing water levels
48.8 beyond the reach of vicinity wells constructed in accordance with the water well
48.9 construction code in Minnesota Rules, parts 4725.1900 to 4725.6500.
48.10 Sec. 95. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:
48.11 Subd. 6. Filing application. (a) An application for a permit must be filed with the
48.12 commissioner and if the proposed activity for which the permit is requested is within a
48.13 municipality, or is within 01 affects a watelshed district 01 a soil and ~atel eonsG1vati6n
48.14 disttiet, a copy of the application with maps, plans, and specifications must be served on
48.15 the mayor of the municipality, the seelGtaIJ of the bMld of managGlS of the vvlltGlshcd
48.16 district, and the seCIetary of the bomd of sttpel v iSOlS of tiK soilzmd vvatGl eonsel vation
48.17 -dtstriet.
48.1 8 (b) If the application is required to be served on a local governmental unit under
48.19 this subdivision, proof of service must be included with the application and filed with
48.20 the commissioner.
48.21 Sec. 96. Minnesota Statutes 2008, section I 03G.30 1, subdivision 7, is amended to read:
48.22 Subd. 7. Recommendation of local units of government. (a) If the proposed
48.23 activity for which the permit is requested is within a municipality, 01 is vv ithin 01 affects a
48.24 vvMG1Shed disttiet 01 a soil MId vvatGl consel vation disttiet, the commissioner may obtain a
48.25 written recommendation of the managers of the disttiet zmd thG bomd of sap<-1 v iS01S of
48.26 tile soil and vvate! eonse! vation disttiet 01 the mayor of the municipality before issuing or
48.27 denying the permit.
48.28 (b) The maMgG1S, snpCl9 iSM"', 01 mayor must file a recommendation within 30 days
48.29 after receiving of a copy of the application for permit.
48.30 Sec. 97. Minnesota Statutes 2008, section 103G.311, subdivision 2, is amended to read:
48.31 Subd. 2. Hearing notice. (a) The hearing notice on an application must include:
48.32 (1) the date, place, and time fixed by the commissioner for the hearing;
Sec. 97.
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49.1 (2) the waters affected, the water levels sought to be established, or control structures
49.2 proposed; and
49.3 (3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.
49.4 (b) A summary of the hearing notice must be published by the commissioner at the
49.5 expense of the applicant or, if the proceeding is initiated by the commissioner in the
49.6 absence of an applicant, at the expense of the commissioner.
49.7 (c) The summary of the hearing notice must be:
49.8 (1) published once a week for two successive weeks before the day of hearing
49.9 in a legal newspaper published in the county where any part of the affected waters is
49.10 located; and
49.11 (2) mailed by the commissioner to the county auditor; and the mayor of a
49.12 municipality, th" l"vatGl5hcd di5t1lct, and 1ftG Mil and vvatGI Wn5G vation di5tllGt affected
49.13 by the application.
49.14 Sec. 98. Minnesota Statutes 2008, section 1 03G.311, subdivision 5, is amended to read:
49.15 Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made
49.16 issuing or denying the permit, the applicant, the nlltllagG5 ofthG l"vatel5hcd di5t1iGt, the
49.17 bMld ofwperviMl5 ofthG 50ilalld ..atel COlMClvation di5tlict, or the mayor of the
49.18 municipality may file a demand for hearing on the application. The demand for a hearing
49.19 must be filed within 30 days after mailed notice of the order with the bond required by
49.20 subdivision 6.
49.21 (b) The commissioner must give notice as provided in subdivision 2, hold a hearing
49.22 on the application, and make a determination on issuing or denying the permit as though
49.23 the previous order had not been made.
49.24 (c) The order issuing or denying the permit becomes final at the end of30 days
49.25 after mailed notice of the order to the applicant, tltG UlaMgCl5 of tile l'YatG5hed di5tl:kt,
49.26 tile hMld of 5\:lpcrvi5015 of th.:: Mil and vvatGI conservation di5tl:iet, or the mayor of the
49.27 municipality, and an appeal of the order may not be taken if:
49.28 (1) the commissioner waives a hearing and a demand for a hearing is not made; or
49.29 (2) a hearing is demanded but a bond is not filed as required by subdivision 6.
49.30 Sec. 99. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
49.31 read:
49.32 Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by
49.33 law, a permit issued by the commissioner under this chapter is subject to:
Sec. 99.
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50.1 (1) cancellation by the commissioner at any time if necessary to protect the public
50.2 interests;
50.3 (2) further conditions on the term of the permit or its cancellation as the
50.4 commissioner may prescribe and amend and reissue the permit; and
50.5 (3) applicable law existing before or after the issuance of the permit.
50.6 (b) Permits issued to irrigate agricultural land under section 103G.295, or considered
50.7 issued, are subject to this subdivision and are subject to cancellation by the commissioner
50.8 upon the recommendation of the ~"pGl vi~OI& of tile ~oilll11d 1"11ltGl Gon~Gl vlltion di~t1iet
50.9 9v11CIG thG land to be; iuigatcd i~ located Board of Water and Soil Resources.
50.10 Sec. 100. Minnesota Statutes 2008, section 103GA05, is amended to read:
50.11 l03G.405 WATER LEVEL CONTROL FOR LANDLOCKED LAKES.
50.12 (a) Except as provided in paragraph (c), the commissioner must issue a water level
50.13 control permit to establish a control elevation for a landlocked lake below the ordinary
50.14 high water level for the lake if:
50.15 (1) the commissioner finds that:
50.16 (i) the control is necessary to prevent adverse impacts to the lake or adjoining
50.17 property;
50.18 (ii) other reasonable or cost-effective alternatives are not available; and
50.19 (iii) natural resource or hydrologic conditions exist in the watershed that would limit
50.20 the potential for continuous discharge of excess waters from the lake; and
50.21 (2) the outlet and discharge of excess waters is addressed in an approved water
50.22 management plan under chapter 103B 01 IOJD.
50.23 (b) In addition to the requirements in section 103G.30 I, subdivision 6, if the
50.24 proposed control elevation is more than 1-1/2 feet below the ordinary high water level, the
50.25 permit applicant shall serve a copy of the application on each county and municipality
50.26 within which any portion of the lake is located and the lake improvement district, if one
50.27 exists.
50.28 (c) The commissioner may not issue a permit to establish a control elevation more
50.29 than 1-1/2 feet below the ordinary high water level of a lake if a county, municipality,
50.30 ,,1l:tcl~hcd di~tl:iGt, or lake improvement district required to be served under paragraph (b)
50.31 or section 103G.301, subdivision 6, files a written objection to the issuance of the permit
50.32 with the commissioner within 30 days after receiving a copy of the application.
Sec. 100.
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51.1 Sec. 101. Minnesota Statutes 2008, section 103G.407, is amended to read:
51.2 l03G.407 WATER LEVEL CONTROLS FOR PUBLIC WATERS WITH AN
51.3 OUTLET.
51.4 (a) The commissioner, upon due consideration of recommendations and objections
51.5 as provided in paragraph (c), may issue a public waters work permit to establish a control
51.6 elevation for a public water with an outlet that is different than any previously existing or
51.7 established control level when:
51.8 (1) all of the property abutting the ordinary high-water mark of the public water is in
51.9 public ownership or the public entity has obtained permanent flowage easements; and
51.10 (2) the commissioner finds that the proposed change in the control level is in the
51.11 public interest and causes minimal adverse environmental impact.
51.12 (b) In addition to the requirements in section 103G.301, subdivision 6, if the
51.13 proposed control elevation differs from any historical control level, the permit applicant
51.14 shall serve a copy of the application on each county and municipality within which any
51.15 portion of the lake is located and on the lake improvement district, if one exists.
51.16 (c) A county, municipality, \i\Jatc;rshc;d Jist1ic;t, watoshcd manag,c;mc;nt c.lganiz:a:tion,
51.17 or lake improvement district required to be served under paragraph (b) or section
51.18 103G.301, subdivision 6, may file a written recommendation for the issuance of the permit
51.19 or an objection to the issuance of the permit with the commissioner within 30 days after
51.20 receiving a copy of the application.
51.21 Sec. 102. Minnesota Statutes 2008, section 103H.101, subdivision 1, is amended to
51.22 read:
51.23 Subdivision 1. Criteria for determination of sensitive areas. The commissioner
51.24 of natural resources in consultation with the Minnesota Geological Survey, soil and
51.25 "ate! conser vatiem districts the Board of Water and Soil Resources, local water planning
51.26 authorities, and other interested parties shall develop specific criteria for identifying
51.27 sensitive groundwater areas and adopt the criteria by rule.
51.28 Sec. 103. Minnesota Statutes 2008, section 103H.lOl, subdivision 2, is amended to
51.29 read:
51.30 Subd. 2. Identification of sensitive areas. The commissioner of natural resources
51.31 shall, in consultation with the Minnesota Geological Survey, identify the location of
51.32 sensitive areas by mapping and other appropriate methods after consulting the Minnesota
51.33 Geological Survey, soilltnd ~v atc;! CoIlSel ~ at1011 d1stl1et'& the Board of Water and Soil
51.34 Resources, and local water planning authorities.
Sec. 103.
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52.1 Sec. 104. Minnesota Statutes 2008, section 1 03H.lll, is amended to read:
52.2 l03H.1l1 LIABILITY AFTER PROTECTION OF SENSITIVE AREA.
52.3 (a) A landowner within a sensitive area, identified under section 103H.lOl, has a
52.4 complete defense to liability for degradation of groundwater caused by surface water from
52.5 the sensitive area recharging groundwater if:
52.6 (1) the landowner's portion of the sensitive area is subject to a plan Ildopted b) thc
52.7 soilllrid ~\Ilkr conscr vlltion distliet to protect the groundwater from degradation through
52.8 surface water recharge;
52.9 (2) the projects and practices required by the plan have been implemented find hllvc
52.10 been cCltified M hl1ving been implemcnted by thc soill1nd wlttCI conscr v I1tion district;
52.11 (3) the projects and practices required by the plan are maintained according to
52.12 the plan; and
52.13 (4) the landowner has not allowed unlawful practices on the property that disrupt the
52.14 projects and practices required by the plan.
52.15 (b) The soill1nd w11tCI eonscr vfition disttict's plan must include appropriate best
52.16 management practices and water resource protection requirements.
52.17 Sec. 105. Minnesota Statutes 2008, section 103H.15l, subdivision 3, is amended to
52.18 read:
52.19 Subd. 3. Education and promotion. The commissioners of the Pollution Control
52.20 Agency and agriculture, in conjunction with the Board of Water and Soil Resources;--scii-
52.21 and ~l1tCI conser vlttion distticts, and the Minnesota Extension Service, must promote best
52.22 management practices and provide education about how the use of best management
52.23 practices will prevent, minimize, reduce, and eliminate the source of groundwater
52.24 degradation. The promotion and education shall include demonstration projects.
52.25 Sec. 106. Minnesota Statutes 2008, section 103H.20l, subdivision 4, is amended to
52.26 read:
52.27 Subd. 4. Adoption of existing recommended allowable limits. (a) Notwithstanding
52.28 and in lieu of subdivision 2, until November 1, 1994, the commissioner may adopt
52.29 recommended allowable limits, and related toxicological end points, established by the
52.30 commissioner on or before February 15, 1994, as health risk limits under this subdivision.
52.31 Before a recommended allowable limit is adopted as an adopted health risk limit under
52.32 this subdivision, the commissioner shall:
52.33 (1) publish in the State Register and disseminate through the Minnesota Extension
52.34 Service I1nd tm Otlgh soill1nel watel C0I1SCI v Ittion dish icts notice of intent to adopt a
Sec. 106.
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53.1 recommended allowable limit as an adopted health risk limit for specific substances and
53.2 shall solicit information on the health impacts of the substance;
53.3 (2) publish the recommended allowable limit in the State Register and disseminate
53.4 through the Minnesota Extension Service and tluotlgll 5oiliIJ1d Mlta con5U \Jation di5t1iet5
53.5 allowing 60 days for public comment; and
53.6 (3) publish the adopted recommended allowable limit in the State Register and,
53.7 at the same time, make available a summary of the public comments received and the
53.8 commissioner's responses to the comments.
53.9 (b) A recommended allowable limit adopted by the commissioner as an adopted
53.10 health risk limit under this subdivision may be challenged in the manner provided in
53.11 sections 14.44 and 14.45.
53.12 (c) During the comment period tmder paragraph (a), clause (2), 25 or more persons
53.13 may submit a written request for a public hearing as provided under section 14.25 for any
53.14 health risk limits as adopted under this subdivision.
53.15 Sec. 107. Minnesota Statutes 2008, section 1031.112, is amended to read:
53.16 1031.112 FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.
53.17 (a) The commissioner of health may not charge fees required under this chapter
53.18 to a federal agency, state agency, or a local unit of government or to a subcontractor
53.19 performing work for the state agency or local unit of government.
53.20 (b) "Local unit of government" means a statutory or home rule charter city, town,
53.21 county, 01 5oil1l1ld \'9atel (,01l5Gl \Jation di5hi"t, ..lltC1Shcd distIiet, an organization formed
53.22 for the joint exercise of powers under section 471.59, a board of health or community
53.23 health board, or other special purpose district or authority with local jurisdiction in water
53.24 and related land resources management.
53.25 Sec. 108. Minnesota Statutes 2008, section 1031.205, subdivision 9, is amended to read:
53.26 Subd. 9. Report of work. Within 30 days after completion or sealing of a well or
53.27 boring, the person doing the work must submit a verified report to the commissioner
53.28 containing the information specified by rules adopted under this chapter.
53.29 Within 30 days after receiving the report, the commissioner shall send or otherwise
53.30 provide access to a copy of the report to the commissioner of natural resources;-ttrthe
53.31 loell150illlnd ..atel COn5Gl .ation di5uiet \'9111:1(, the ..ell i516(,atcd, and to the director of
53.32 the Minnesota Geological Survey.
53.33 Sec. 109. Minnesota Statutes 2008, section 114D.20, subdivision 5, is amended to read:
Sec. 109.
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54.1 Subd. 5. Priorities for preparation of TMDL's. The Clean Water Council shall
54.2 recommend priorities for scheduling and preparing TMDL's and TMDL implementation
54.3 plans, taking into account the severity of the impairment, the designated uses of those
54.4 waters, and other applicable federal TMDL requirements. In recommending priorities, the
54.5 council shall also give consideration to waters and watersheds:
54.6 (1) with impairments that pose the greatest potential risk to human health;
54.7 (2) with impairments that pose the greatest potential risk to threatened or endangered
54.8 specIes;
54.9 (3) with impairments that pose the greatest potential risk to aquatic health;
54.10 (4) where other public agencies and participating organizations and individuals,
54.11 especially local, basinwide, watershed, or regional agencies or organizations, have
54.12 demonstrated readiness to assist in carrying out the responsibilities, including availability
54.13 and organization of human, technical, and financial resources necessary to undertake
54.14 the work; and
54.15 (5) where there is demonstrated coordination and cooperation among cities; and
54.16 counties, .,ziklshcd distlicts, and soil and ..atel eOIMel .ati011 dist1ids in planning and
54.17 implementation of activities that will assist in carrying out the responsibilities.
54.18 Sec. 1l0. Minnesota Statutes 2008, section 114D.30, subdivision 2, is amended to read:
54.19 Subd. 2. Membership; appointment. The commissioners of natural resources,
54.20 agriculture, and the Pollution Control Agency, and the executive director of the Board of
54.21 Water and Soil Resources shall appoint one person from their respective agency to serve
54.22 as a member of the council. Agency members serve as nonvoting members of the council.
54.23 Nineteen Seventeen additional nonagency members of the council shall be appointed by
54.24 the governor as follows:
54.25 (1) two members representing statewide farm organizations;
54.26 (2) two members representing business organizations;
54.27 (3) two members representing environmental organizations;
54.28 (4) one; mcmbcl lepresenting Milaud ..atcI consel .aiiOD distticts,
54.29 (5) one, mcmbc'l leplc'senting watelshed disbiets,
54.30 f6t one member representing nonprofit organizations focused on improvement of
54.31 Minnesota lakes or streams;
54.32 fflm two members representing organizations of county governments, one member
54.33 representing the interests of rural counties and one member representing the interests of
54.34 counties in the seven-county metropolitan area;
54.35 t8t i2L two members representing organizations of city governments;
Sec. 110.
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55.1 ffl.ill one member representing the Metropolitan Council established under section
55.2 473.123;
55.3 ft87 m one township officer;
55.4 fHt {2lone member representing the interests of tribal governments;
55.5 fHt il.QLone member representing statewide hunting organizations;
55.6 fHtllU one member representing the University of Minnesota or a Minnesota
55.7 state university; and
55.8 fMt f.11lone member representing statewide fishing organizations.
55.9 Members appointed under clauses (1) to fMt f.11lmust not be registered lobbyists. In
55.10 making appointments, the governor must attempt to provide for geographic balance. The
55.11 members of the council appointed by the governor are subject to the advice and consent
55.12 of the senate.
55.13 Sec. 111. Minnesota Statutes 2008, section 116D.04, subdivision la, is amended to
55.14 read:
55.15 Subd. 1a. Definitions. For the purposes of this chapter, the following terms have the
55.16 meanings given to them in this subdivision.
55.17 (a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
55.18 (b) "Pollution, impairment or destruction" has the meaning given it in section
55.19 116B.02, subdivision 5.
55.20 (c) "Environmental assessment worksheet" means a brief document which is
55.21 designed to set out the basic facts necessary to determine whether an environmental
55.22 impact statement is required for a proposed action.
55.23 (d) "Governmental action" means activities, including projects wholly or partially
55.24 conducted, permitted, assisted, financed, regulated, or approved by units of government
55.25 including the federal government.
55.26 (e) "Governmental unit" means any state agency and any general or special purpose
55.27 unit of government in the state including, but not limited to, vv/'(t<.1~hcd di6t1:ic;t~ organi:z;c;d
55.28 dlldc;r chttpkr lOJD, counties, towns, cities, port authorities, housing authorities, and
55.29 economic development authorities established under sections 469.090 to 469.108, but not
55.30 including courts, school districts, and regional development commissions other than
55.31 the Metropolitan Council.
55.32 Sec. 112. Minnesota Statutes 2008, section 117.012, subdivision 3, is amended to read:
55.33 Subd. 3. Exceptions. This chapter does not apply to the taking of property under
55.34 laws relating to drainage or to town roads when those laws themselves expressly provide
Sec. 112.
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56.] for the taking and specifically prescribe the procedure. The taking of property for a project
56.2 undertaken by a "atcIshcd distIi"t tt1'1dCl ehltpt('I 10JD 01 f61 a plOjeet tt1'1dcltaken by a
56.3 drainage authority under chapter 103E may be carried out under the procedure provided
56.4 by thosc dlltptC1S chapter 103E.
56.5 Sec. 113. Minnesota Statutes 2008, section 117.025, subdivision 10, is amended to
56.6 read:
56.7 Subd. 10. Public service corporation. "Public service corporation" means a
56.8 utility, as defined by section 2l6E.Ol, subdivision 10; gas, electric, telephone, or cable
56.9 communications company; cooperative association; natural gas pipeline company;
56.10 crude oil or petroleum products pipeline company; municipal utility; municipality when
56.1] operating its municipally owned utilities; joint venture created pursuant to section 452.25
56.12 or 452.26; or municipal power or gas agency. Public service corporation also means a
56.13 municipality or public corporation when operating an airport under chapter 360 or 473, a
56.]4 common carrier, a ~Iatcrshcd district, or a drainage authority. Public service corporation
56.15 also means an entity operating a regional distribution center within an international
56.16 economic development zone designated under section 469.322.
56.17 Sec. 114. Minnesota Statutes 2008, section 204B.06, subdivision 1, is amended to read:
56.]8 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
56.]9 the office sought and, except as provided in subdivision 4, shall state that the candidate:
56.20 (1) is an eligible voter;
56.2] (2) has no other affidavit on file as a candidate for any office at the same primary
56.22 or next ensuing general election, cxc"pt thltt a candidatc fOl solI and ~atcl "onsCl vation
56.23 district impCl v i.o,Ol in a district not locatGd in ~ hole 01 in pal t in Anoh, Henncpin,
56.24 Ritln1!Cy,Ol ',\'Mhington eMilt" miry also havc 011 file lIll affida9it of candidacy fol
56.25 mayol 01 cot.nclI membo of a statatolJ 01 homc mle chMtcr ciry of not mOlC than 2,500
56.26 poptllatiol1 contained in vvhole: or in pMt in thc soil and vvatcI consclvlttion dist1ict or fO!
56.27 to~n 1!ttp"l viSOl in a tovv1'1 of not mOle than 2,500 poptlllttion contained in ~vhok 01 in pMt
56.28 in thc soil and v9atcl COIlSCl vatioIl district; and
56.29 (3) is, or will be on assuming the office, 21 years of age or more, and will have
56.30 maintained residence in the district from which the candidate seeks election for 30 days
56.3] before the general election.
56.32 An affidavit of candidacy must include a statement that the candidate's name as
56.33 written on the affidavit for ballot designation is the candidate's true name or the name by
56.34 which the candidate is commonly and generally known in the community.
Sec. 114.
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57.1 An affidavit of candidacy for partisan office shall also state the name of the
57.2 candidate's political party or political principle, stated in three words or less.
57.3 Sec. 115. Minnesota Statutes 2008, section 204B.ll, subdivision I, is amended to read:
57.4 Subdivision I. Amount; dishonored checks; consequences. Except as provided
57.5 by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of
57.6 candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing
57.7 fee shall vary with the office sought as follows:
57.8 (a) for the office of governor, lieutenant governor, attorney general, state auditor,
57.9 secretary of state, representative in Congress, judge of the Supreme Court, judge of the
57.10 Court of Appeals, or judge of the district court, $300;
57.1 I (b) for the office of senator in Congress, $400;
57.12 (c) for office of senator or representative in the legislature, $100; and
57.13 (d) for a county office, $5O;<md
57.14 (G) ful thG offic" of l;oil1l.nd vvllt'::-l Gonl;Gl vlttion dil;tli.::-t I;ttpGI vil;Ol, $20.
57.15 For the office of presidential elector, and for those offices for which no compensation
57.16 is provided, no filing fee is required.
57.17 The filing fees received by the county auditor shall immediately be paid to the
57.18 county treasurer. The filing fees received by the secretary of state shall immediately
57.19 be paid to the commissioner of finance.
57.20 When an affidavit of candidacy has been filed with the appropriate filing officer and
57.21 the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's
57.22 filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient
57.23 funds are not available or that is dishonored, notice to the candidate of the worthless
57.24 instrument must be sent by the filing officer via registered mail no later than immediately
57.25 upon the closing of the filing deadline with return receipt requested. The candidate will
57.26 have five days from the time the filing officer receives proof of receipt to issue a check
57.27 or other instrument for which sufficient funds are available. The candidate issuing the
57.28 worthless instrument is liable for a service charge pursuant to section 604.113. If adequate
57.29 payment is not made, the name of the candidate must not appear on any official ballot and
57.30 the candidate is liable for all costs incurred by election officials in removing the name
57.31 from the ballot.
57.32 Sec. 116. Minnesota Statutes 2008, section 204B.135, subdivision 2, is amended to
57.33 read:
Sec. 116.
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58.1 Subd. 2. Other election districts. For purposes of this subdivision, "local
58.2 government election district" means a county district, park and recreation district, or
58.3 school district, 01 soil and "ltt':;l eonsCl,ation disbiet. Local government election districts,
58.4 other than city wards covered by subdivision l, may not be redistricted until precinct
58.5 boundaries are reestablished under section 204B.14, subdivision 3, paragraph (c). Election
58.6 districts covered by this subdivision must be redistricted within 80 days of the time when
58.7 the legislature has been redistricted or at least 15 weeks before the state primary election
58.8 in the year ending in two, whichever comes first.
58.9 Sec. 117. Minnesota Statutes 2008, section 273.111, subdivision 14, is amended to read:
58.10 Subd. 14. Applicability of special assessment provisions. (a) This section shall
58.11 apply to special local assessments levied after July 1, 1967, and payable in the years
58.12 thereafter, but shall not apply to any special assessments levied at any time by a county
58.13 or district court under chapter 116A or by a watershed district under Minnesota Statutes
58.14 2008, chapter 103D.
58.15 (b) For special assessments levied by a watershed district under Minnesota Statutes
58.16 2008, chapter 1 03D.t before June 1, 2008, this section is effective only for real property
58.17 initially qualifying for tax deferment after May 31, 2008. For special assessments by a
58.18 watershed district under Minnesota Statutes 2008, chapter 103D.t levied after May 31,
58.19 2008, this section is effective for all real property qualifying for tax deferment under
58.20 this section.
58.21 Sec. 118. Minnesota Statutes 2008, section 275.066, is amended to read:
58.22 275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
58.23 For the purposes of property taxation and property tax state aids, the term "special
58.24 taxing districts" includes the following entities:
58.25 (1) ~11tte1shcd disbi.:;ts undel ehaptcl lOJD,
58.26 ffl sanitary districts under sections 115.18 to 115.37;
58.27 ffl Qlregional sanitary sewer districts under sections 115.61 to 115.67;
58.28 f41.fl2 regional public library districts under section 134.201;
58.29 fflJ1l park districts under chapter 398;
58.30 f67 Qlregional railroad authorities under chapter 398A;
58.31 ffli2l hospital districts under sections 447.31 to 447.38;
58.32 f&}J1l St. Cloud Metropolitan Transit Commission under sections 458A.Ol to
58.33 45 8A.15;
58.34 ffl'@lPuluth Transit Authority under sections 458A.2l to 458A.37;
Sec. 118.
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59.1 ftB7 f2lregional development commissions under sections 462.381 to 462.398;
59.2 fH7 i.l.Qlhousing and redevelopment authorities under sections 469.001 to 469.047;
59.3 fHt1l!l port authorities under sections 469.048 to 469.068;
59.4 fH1 ~ economic development authorities under sections 469.090 to 469.1081;
59.5 fM-t.lUlMetropolitan Council under sections 473.123 to 473.549;
59.6 ft57 .c..!1tMetropolitan Airports Commission under sections 473.601 to 473.680;
59.7 ft6t .QaMetropolitan Mosquito Control Commission under sections 473.701 to
59.8 473.716;
59.9 fHt D..aMorrison County Rural Development Financing Authority under Laws
59.10 1982, chapter 437, section 1;
59.11 ft&} fl..1LCroft Historical Park District under Laws 1984, chapter 502, article 13,
59.12 section 6;
59.13 ft97 ~East Lake County Medical Clinic District under Laws 1989, chapter 211,
59.14 sections 1 to 6;
59.15 fZBt i.l.2LFloodwood Area Ambulance District under Laws 1993, chapter 375,
59.16 article 5, section 39;
59.17 (21) Middle Mississippi Ri v CI '.Yaoc! shed Management O!ganiz:ation tlnd..:.r sGction:s
59.18 IOJD.211 and lOJD.241,
59.19 (22) !vlS 2006 [UApl1Cd]
59.20 t237 QQLa county levying under the authority of section 103B.241, 103B.245,
59.21 or 103B.251;
59.22 ~ Q!lSouthem St. Louis County Special Taxing District; Chris Jensen Nursing
59.23 Home under Laws 2003, First Special Session chapter 21, article 4, section 12;
59.24 f251 {lllan airport authority created under section 360.0426; and
59.25 ~ GRany other political subdivision of the state of Minnesota, excluding
59.26 counties, school districts, cities, and towns, that has the power to adopt and certify a
59.27 property tax levy to the county auditor, as determined by the commissioner ofrevenue.
59.28 Sec. 119. Minnesota Statutes 2008, section 275.07, subdivision 1, is amended to read:
59.29 Subdivision 1. Certification of levy. (a) Except as provided under paragraph (b),
59.30 the taxes voted by cities, counties, school districts, and special districts shall be certified
59.31 by the proper authorities to the county auditor on or before five working days after
59.32 December 20 in each year. A town must certify the levy adopted by the town board to
59.33 the county auditor by September 15 each year. If the town board modifies the levy at a
59.34 special town meeting after September 15, the town board must recertify its levy to the
59.35 county auditor on or before five working days after December 20. If a city, town, county,
Sec. 119.
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60.1 school district, or special district fails to certify its levy by that date, its levy shall be the
60.2 amount levied by it for the preceding year.
60.3 (b)(i) The taxes voted by counties under sections 103B.241; and 103B.245;-mm
60.4 IOJD.251 shall be separately certified by the county to the county auditor on or before five
60.5 working days after December 20 in each year. The taxes certified shall not be reduced
60.6 by the county auditor by the aid received under section 273.1398, subdivision 3. If a
60.7 county fails to certify its levy by that date, its levy shall be the amount levied by it for
60.8 the preceding year.
60.9 (ii) For purposes of the proposed property tax notice under section 275.065 and
60.10 the property tax statement under section 276.04, for the first year in which the county
60.11 implements the provisions of this paragraph, the county auditor shall reduce the county's
60.12 levy for the preceding year to reflect any amount levied for water management purposes
60.13 under clause (i) included in the county's levy.
60.14 Sec. 120. Minnesota Statutes 2008, section 351.14, subdivision 5, is amended to read:
60.15 Subd. 5. Elected county official. "Elected county official" means any public
60.16 official who is elected to countywide office or appointed to an elective countywide office,
60.17 including county attorney, county sheriff, county auditor, county recorder, and county
60.18 treasureI, and s5il and l'VateI eOnSG1 vation st.pGI vis61. "Elected county official" also means
60.19 a county commissioner elected or appointed from a commissioner district 51 a soil and
60.20 ~atc'l GollSU vation dist:J.ict Stlpc'l .i301 dcc,tcd 01 appointed [10m a SttpeI .i301 distl:ic,t
60.21 Gsttcblishcd tmdGl section lOJC.Jl1, sttbdivision 2.
60.22 Sec. 121. Minnesota Statutes 2008, section 353.01, subdivision 6, is amended to read:
60.23 Subd. 6. Governmental subdivision. (a) "Governmental subdivision" means a
60.24 county, city, town, school district within this state, or a department, unit or instrumentality
60.25 of state or local government, or any public body established under state or local
60.26 authority that has a governmental purpose, is under public control, is responsible for the
60.27 employment and payment of the salaries of employees of the entity, and receives a major
60.28 portion of its revenues from taxation, fees, assessments or from other public sources.
60.29 (b) Governmental subdivision also means the Public Employees Retirement
60.30 Association, the League of Minnesota Cities, the Association of Metropolitan
60.31 Municipalities, charter schools formed under section 124D.1O, service cooperatives
60.32 exercising retirement plan participation under section l23A.21, subdivision 5, joint
60.33 powers boards organized under section 471.59, subdivision 11, paragraph (a), family
60.34 service collaboratives and children's mental health collaboratives organized under
Sec. 121.
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61.1 section 471.59, subdivision 11, paragraph (b) or (c), provided that the entities creating
61.2 the collaboratives are governmental units that otherwise qualify for retirement plan
61.3 membership, public hospitals owned or operated by, or an integral part of, a governmental
61.4 subdivision or governmental subdivisions, the Association of Minnesota Counties, the
61.5 Minnesota Inter-county Association, the Minnesota Municipal Utilities Association, the
61.6 Metropolitan Airports Commission, the University of Minnesota with respect to police
61.7 officers covered by the public employees police and fire retirement plan, the Minneapolis
61.8 Employees Retirement Fund for employment initially commenced after June 30, 1979, the
61.9 Range Association of Municipalities and Schools, soil find l'vatcI conscr, fitio11 dishicts,
61.10 economic development authorities created or operating under sections 469.090 to
61.11 469.108, the Port Authority of the city of St. Paul, the Spring Lake Park Fire Department,
61.12 incorporated, the Lake Johanna Volunteer Fire Department, incorporated, the Red Wing
61.13 Environmental Learning Center, the Dakota County Agricultural Society, and Hennepin
61.14 Healthcare System, Inc.
61.15 (c) Governmental subdivision does not mean any municipal housing and
61.16 redevelopment authority organized under the provisions of sections 469.001 to 469.047;
61.17 or any port authority organized under sections 469.048 to 469.089 other than the Port
61.18 Authority of the city of St. Paul; or any hospital district organized or reorganized prior
61.19 to July 1, 1975, under sections 447.31 to 447.37 or the successor of the district; or the
61.20 board of a family service collaborative or children's mental health collaborative organized
61.21 under sections l24D.23, 245.491 to 245.495, or 471.59, if that board is not controlled
61.22 by representatives of governmental units.
61.23 (d) A nonprofit corporation governed by chapter 317A or organized under Internal
61.24 Revenue Code, section 50l(c)(3), which is not covered by paragraph (a) or (b), is not a
61.25 governmental subdivision unless the entity has obtained a written advisory opinion from
61.26 the United States Department of Labor or a ruling from the Internal Revenue Service
61.27 declaring the entity to be an instrumentality of the state so as to provide that any future
61.28 contributions by the entity on behalf of its employees are contributions to a governmental
61.29 plan within the meaning ofInternal Revenue Code, section 4l4(d).
61.30 (e) A public body created by state or local authority may request membership on
61.31 behalf of its employees by providing sufficient evidence that it meets the requirements in
61.32 paragraph (a).
61.33 (f) An entity determined to be a governmental subdivision is subject to the reporting
61.34 requirements of this chapter upon receipt of a written notice of eligibility from the
61.35 association.
Sec. 121.
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62.1 Sec. 122. Minnesota Statutes 2008, section 355.01, subdivision 11, is amended to read:
62.2 Subd. 11. Special authority or district. "Special authority or district" means
62.3 a municipal housing and redevelopment authority organized under sections 469.001 to
62.4 469.047, Il soil and vvatG! GMsG!9atioll dist!iGt o!gllni:z:cd c.ndG! Ghltpta 1 mc, a port
62.5 authority organized under sections 469.048 to 469.068, an economic development
62.6 authority organized under sections 469.090 to 469.108, or a hospital district organized or
62.7 reorganized under sections 447.31 to 447.37.
62.8 Sec. 123. Minnesota Statutes 2008, section 355.01, subdivision 12, is amended to read:
62.9 Subd. 12. Special authority or district employee. "Special authority or district
62.]0 employee" means an employee, other than an elected official, of a municipal housing
62.1] and redevelopment authority organized under sections 469.001 to 469.047, of.!l soil.!l1ld
62.]2 ,,1lt.::! GonSG!, ation district organi:z:cd unde! chltpte! 103C, of a port authority organized
62.13 under sections 469.048 to 469.068, of an economic development authority organized
62.]4 under sections 469.090 to 469.108, or of a hospital district organized or reorganized
62.]5 under sections 447.31 to 447.37.
62.]6 Sec. 124. Minnesota Statutes 2008, section 383A.281, subdivision 13, is amended to
62.17 read:
62.]8 Subd. 13. County personnel system. "County personnel system" means all
62.]9 employees in the departments or agencies of county government or joint city and county
62.20 agencies which receive their funding in whole or in part from the county board, including
62.2] employees of:
62.22 (a) elected officials;
62.23 (b) the Saint Paul-Ramsey Medical Center Commission; and
62.24 (c) the court administrator of district court;
62.25 but not including:
62.26 (1) district court judges;
62.27 (2) court reporters, law clerks, referees employed by the district court, and the
62.28 Second Judicial District administrator's office;
62.29 (3) court commissioners;
62.30 (4) the public defender;
62.3] (5) employees of the Examiner of Titles, Agricultural Extension Service, Humane
62.32 Society, and Historical Society, Ill1d Soilllnd Wllte! CoIlS'-! ,il.tion Disttict; and
62.33 (6) other employees not subject to a county personnel system because of state law.
Sec. 124.
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63.1 Sec. 125. Minnesota Statutes 2008, section 394.25, subdivision 9, is amended to read:
63.2 Subd. 9. Erosion and sediment controls. Erosion and sediment controls with
63.3 regard to clearing, grading, excavation, transporting and filling of lands. Erosion and
63.4 sediment controls may include, but need not be limited to requiring the development of
63.5 plans before any land is disturbed. rlans fm distw.bing laud lUll.) be snbmitted to the
63.6 appropliate soil and vva-tel eonsel vation dist1ict fOl com~il.cnt and lCvicvv.
63.7 Sec. 126. Minnesota Statutes 2008, section 471.88, subdivision 1, is amended to read:
63.8 Subdivision 1. Coverage. The governing body of any port authority, seaway port
63.9 authority, economic development authority, ~9atclshcd diSt1ict, soil and vvat,,} conS"l vatloll
63.10 distlict, town, school district, hospital district, county, or city, by unanimous vote, may
63.11 contract for goods or services with an interested officer of the governmental unit in any of
63.12 the following cases.
63.13 Sec. 127. Minnesota Statutes 2008, section 471.98, subdivision 2, is amended to read:
63.14 Subd. 2. Political subdivision. "Political subdivision" includes a statutory or home
63.15 rule charter city, a county, a school district, a town, a vva-tclshcd manage;mmt olg1tIli:z:ation
63.16 M d.-;;:6.ned in scctionlOJD.205, subdivision 13, or an instrumentality thereof, including
63.17 but not limited to instrumentalities incorporated under chapter 317 A, having independent
63.18 policy-making and appropriating authority. For the purposes of this section and section
63.19 471.981, the governing body of a town is the town board.
63.20 Sec. 128. Minnesota Statutes 2008, section 473.173, subdivision 5, is amended to read:
63.21 Subd. 5. APA; hearing. The rules and any major alteration or amendment thereto
63.22 shall be developed and promulgated by the council in accordance with the provisions of
63.23 this section and, to the extent not inconsistent or at variance with this section, in accordance
63.24 with the Administrative Procedure Act, chapter 14, and rules pursuant to thereto. Once the
63.25 development of all of the rules has been completed by the council and the committee, and
63.26 no later than 30 days prior to the date specified for their adoption, the council shall hold a
63.27 public hearing for the purpose of considering the developed rules and receiving comments
63.28 and recommendations thereon. Notice of the hearing shall be published in appropriate
63.29 newspapers of general circulation in the metropolitan area and mailed to all persons who
63.30 have registered for that purpose under chapter 14, appropriate state and regional agencies
63.31 and all cities, counties, towns, and school districts, ilnd vvat'-;;lshcd distIicts within the
63.32 metropolitan area no later than 30 days prior to the hearing. In adopting or amending the
63.33 rules the enactment of this section shall be deemed to establish or show the need for and to
Sec. 128.
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64.1 provide evidence in support of the rules or amendments as required in chapter 14, and
64.2 rules pursuant thereto, but the council shall prepare for distribution a written summary
64.3 describing the basis for the composition of the draft rules or amendments submitted
64.4 for hearing and shall afford to all interested persons an opportunity at the hearing to
64.5 question and make suggestions concerning their composition. Following the hearing, the
64.6 council may revise the proposed rules, giving consideration to all comments received,
64.7 and thereafter the council shall finally adopt these rules.
64.8 Sec. 129. Minnesota Statutes 2008, section 473.208, is amended to read:
64.9 473.208 COOPERATION.
64.10 In adopting and enforcing the ordinances for which standards and criteria are
64.11 provided by section 473.206, counties, cities and towns shall consult and cooperate with
64.12 affected .'loil Md w.!ikl Coll.'la v.!itiOll di.'ltrich, w .!ikl.'lhed di.'l11:iet.'l, .!il'id lake conservation
64.13 districts on matters of common concern.
64.14 Sec. 130. Minnesota Statutes 2008, section 473H.06, subdivision 1, is amended to read:
64.15 Subdivision 1. Application. Upon receipt of an application, the authority shall
64.16 determine if all material required in section 473H.05 has been submitted and, if so, shall
64.17 determine that the application is complete. When used in this chapter, the term "date of
64.18 application" means the date the application is determined complete by the authority.
64.19 Within five days of the date of application, the authority shall forward the completed and
64.20 signed application to the county recorder, and copies to the county auditor, the county
64.21 assessor, the Metropolitan Council, and the COtll'iry .'loil Md ~.!ikl CoMO v.!itiou di.'lttict
64.22 Board of Water and Soil Resources.
64.23 Sec. 131. Minnesota Statutes 2008, section 473H.06, subdivision 7, is amended to read:
64.24 Subd. 7. Conservation problem statements. The cotmty .'loil.!il'id \'Vater
64.25 COUIlC! v.!ition cli.'lh ict Board of Water and Soil Resources may prepare an advisory
64.26 statement of existing and potential conservation problems for the agricultural preserve
64.27 land. The statement shall be forwarded to the owner of record and a copy of the statement
64.28 shall be forwarded to the authority.
64.29 Sec. 132. Minnesota Statutes 2008, section 473H.08, subdivision 4, is amended to read:
64.30 Subd. 4. Notice to others. Upon receipt of the notice provided in subdivision 2,
64.31 or upon notice served by the authority as provided in subdivision 3, the authority shall
64.32 forward the original notice to the county recorder for recording, or to the registrar of
Sec. 132.
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65.1 titles if the land is registered, and shall notify the county auditor, county assessor, the
65.2 Metropolitan Council, and the eemnry soil and ..ateI Co1'l.Sel vatio1'l. dist1ict Board of Water
65.3 and Soil Resources of the date of expiration. Designation as an agricultural preserve and
65.4 all benefits and limitations accruing through sections 473H.02 to 473H.17 for the preserve
65.5 shall cease on the date of expiration. The restrictive covenant contained in the application
65.6 shall terminate on the date of expiration.
65.7 Sec. 133. Minnesota Statutes 2008, section 473H.16, subdivision 2, is amended to read:
65.8 Subd. 2. Enforcement. The authority shall be responsible for enforcing this section.
65.9 Upon receipt of a written complaint stating the conditions or land management practices
65.10 which are believed to be in violation of this section, the authority shall consult with the
65.11 COtmfy soilltl'l.d ..ateI conseI v/ttion dist1ict Board of Water and Soil Resources. The
65.12 tiimriet board shall determine the average soil loss in tons per acre per year for each field
65.13 cited in the complaint according to the universal soil loss equation and the wind erosion
65.14 equation, and shall return to the authority a report showing the average soil loss in tons
65.15 per acre per year for each field and a list of alternative practices that the landowner can
65.16 use to reduce the soil loss to the limit allowed in subdivision 1. After consultation, and if
65.17 in the judgment of the authority the land is not being managed properly as required by
65.18 this section, the authority shall adopt a resolution to this effect and shall seek corrective
65.19 measures from the owner. At the request of the landowner, the ~ board shall assist in
65.20 the planning, design and application of the practices selected to reduce the soil loss to an
65.21 acceptable level and shall give such landowners a high priority for providing technical
65.22 and cost share assistance.
65.23 Sec. 134. Minnesota Statutes 2008, section 500.24, subdivision 4, is amended to read:
65.24 Subd. 4. Reports. (a) The chief executive officer of every pension or investment
65.25 fund, corporation, limited partnership, limited liability company, or entity that is seeking
65.26 to qualify for an exemption from the commissioner, and the trustee of a family farm trust
65.27 that holds any interest in agricultural land or land used for the breeding, feeding, pasturing,
65.28 growing, or raising of livestock, dairy or poultry, or products thereof, or land used for
65.29 the production of agricultural crops or fruit or other horticultural products, other than a
65.30 bona fide encumbrance taken for purposes of security, or which is engaged in farming
65.31 or proposing to commence farming in this state after May 20, 1973, shall file with the
65.32 commissioner a report containing the following information and documents:
65.33 (1) the name of the pension or investment fund, corporation, limited partnership, or
65.34 limited liability company and its place of incorporation, certification, or registration;
Sec. 134.
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66.1 (2) the address of the pension or investment plan headquarters or of the registered
66.2 office of the corporation in this state, the name and address of its registered agent in this
66.3 state and, in the case of a foreign corporation, limited partnership, or limited liability
66.4 company, the address of its principal office in its place of incorporation, certification,
66.5 or registration;
66.6 (3) the acreage and location listed by quarter-quarter section, township, and county
66.7 of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry
66.8 in this state owned or leased by the pension or investment fund, limited partnership,
66.9 corporation, or limited liability company;
66.10 (4) the names and addresses of the officers, administrators, directors, or trustees of
66.11 the pension or investment fund, or of the officers, shareholders owning more than ten
66.12 percent of the stock, including the percent of stock owned by each such shareholder, the
66.13 members of the board of directors of the corporation, and the members of the limited
66.14 liability company, and the general and limited partners and the percentage of interest in
66.15 the partnership by each partner;
66.16 (5) the farm products which the pension or investment fund, limited partnership,
66.17 corporation, or limited liability company produces or intends to produce on its agricultural
66.18 land;
66.19 (6) with the first report, a copy of the title to the property where the farming
66.20 operations are or will occur indicating the particular exception claimed under subdivision
66.21 3; and
66.22 (7) with the first or second report, a copy of the any conservation plan proposed by
66.23 the soil and ..a-tel conso vlltion distlict county, and with subsequent reports a statement of
66.24 whether the conservation plan was implemented.
66.25 The report of a corporation, trust, limited liability company, or partnership seeking
66.26 to qualify hereunder as a family farm corporation, an authorized farm corporation, an
66.27 authorized livestock farm corporation, a family farm partnership, an authorized farm
66.28 partnership, a family farm limited liability company, an authorized farm limited liability
66.29 company, or a family farm trust or under an exemption from the commissioner shall
66.30 contain the following additional information: the number of shares, partnership interests,
66.31 or governance and financial rights owned by persons or current beneficiaries of a family
66.32 farm trust residing on the farm or actively engaged in farming, or their relatives within
66.33 the third degree of kindred according to the rules of the civil law or their spouses; the
66.34 name, address, and number of shares owned by each shareholder, partnership interests
66.35 owned by each partner or governance and financial rights owned by each member, and a
66.36 statement as to percentage of gross receipts of the corporation derived from rent, royalties,
Sec. 134.
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67.1 dividends, interest, and annuities. No pension or investment fund, limited partnership,
67.2 corporation, or limited liability company shall commence farming in this state until the
67.3 commissioner has inspected the report and certified that its proposed operations comply
67.4 with the provisions of this section.
67.5 (b) Every pension or investment fund, limited partnership, trust, corporation, or
67.6 limited liability company as described in paragraph (a) shall, prior to April 15 of each
67.7 year, file with the commissioner a report containing the information required in paragraph
67.8 (a), based on its operations in the preceding calendar year and its status at the end of the
67.9 year. A pension or investment fund, limited partnership, corporation, or limited liability
67.10 company that does not file the report by April 15 must pay a $500 civil penalty. The
67.11 penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid.
67.12 (c) The commissioner may, for good cause shown, issue a written waiver or
67.13 reduction of the civil penalty for failure to make a timely filing of the annual report
67.14 required by this subdivision. The waiver or reduction is final and conclusive with respect
67.15 to the civil penalty, and may not be reopened or modified by an officer, employee, or
67.16 agent of the state, except upon a showing of fraud or malfeasance or misrepresentation
67.17 of a material fact. The report required under paragraph (b) must be completed prior to a
67.18 reduction or waiver under this paragraph. The commissioner may enter into an agreement
67.19 under this paragraph only once for each corporation or partnership.
67.20 (d) Failure to file a required report or the willful filing of false information is a
67.21 gross misdemeanor.
67.22 Sec. 135. RULE AMENDMENTS.
67.23 The Board of Water and Soil Resources shall amend Minnesota Rules to conform
67.24 with this act. The board may use the good cause exemption under Minnesota Statutes,
67.25 section 14.388, subdivision 1, clause (3), to adopt the rules and Minnesota Statutes, section
67.26 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.
67.27 Sec. 136. REVISOR'S INSTRUCTION.
67.28 The revisor of statutes shall delete any remaining references to chapters 103C
67.29 and 103D wherever they appear in Minnesota Statutes and shall make any necessary
67.30 grammatical corrections consistent with this instruction.
67.31 Sec. 137. REPEALER.
67.32 Minnesota Statutes 2008, sections 40A.02, subdivision 9; 89.37, subdivision 3a;
67.33 1038.205, subdivisions 12 and 13; 1038.211; 103B.215; 103B.221; 103B.225; 103B.227;
Sec. 137.
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68.] 103B.231, subdivision 2; 103B.251; 103B.255, subdivision 2; 103B.305, subdivision 9;
68.2 103C.OOl; 103C.005; 103C.009; 103C.lOl; 103C.201; 103C.205; 103C.211; 103C.215;
68.3 103C.221; 103C.225; l03C.231; 103C.235; 103C.305; 103C.311; 103C.315; 103C.321;
68.4 103C.325; 103C.331; 103C.335; 103CAOl; 103CA05; 103C.501; 103C.60l; 103C.605;
68.5 l03C.611; 103C.6l5; 103C.62l; 103C.625; 103C.63l; 103C.635; 103D.OOl; l03D.Oll;
68.6 l03D.10l; l03D.105; 103D.lll; l03D.20l; 103D.205; l03D.211; l03D.215; 103D.221;
68.7 103D.225; 103D.231; 103D.25l; 103D.255; 103D.261; 103D.265; 103D.27l; 103D.30l;
68.8 l03D.305; 103D.311; 103D.3l5; 103D.32l; 103D.325; 103D.33l; 103D.335; 103D.337;
68.9 103D.34l; 103D.345; 103D.35l; 103D.355; 103DAOl; 103DA05; 103DAll; 103D.50l;
68.10 103D.505; 103D.511; 103D.5l5; l03D.521; 103D.525; 103D.53l; 103D.535; 103D.537;
68.1] 103D.539; 103D.541; l03D.545; 103D.55l; 103D.601; 103D.605; l03D.611; 103D.6l5;
68.]2 103D.621; 103D.625; 103D.63l; 103D.635; l03D.64l; 103D.70l; 103D.705; 103D.711;
68.13 103D.715; 103D.721; 103D.725; 103D.729; 103D.730; 103D.73l; 103D.735; 103D.74l;
68.14 103D.745; 103D.801; 103D.805; 103D.811; 103D.815; 103D.82l; 103D.90l; 103D.905;
68.15 l03D.911; 103D.915; 103D.92l; 103D.925; 103E.235, subdivision 3; 103F.6l2,
68.16 subdivision 8; 103F.901, subdivisions 6 and 7; 383A.60l; 383A.602; 383A.603;
68.17 383A.604; 383A.605; and 444.075, subdivision 2a, are repealed.
Sec. 137.
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SOSIRT
SOS 10-02
1.1 A bill for an act
1.2 relating to state government; transferring oversight of the Metropolitan Council
1.3 to the legislature; amending Minnesota Statutes 2008, section 3.8841.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 3.8841, is amended to read:
1.6 3.8841 LEGISLATIVE COMMISSION ON METROPOLITAN
1.7 GOVERNMENT.
1.8 Subdivision 1. Established. The Legislative Comnlission on Mettopolitan
1.9 Govelnment is estltblished to legislature shall oversee the Metropolitan Council's
1.10 operating and capital budgets, work program, and capital improvement program.
1.11 Sttbd. ~. Mtmbuship. The commission consists offotrl scnMOlS appointed by thc
1.12 senat.::: Sttbconimittee on Committe,:,s ofthc COIl1lilittc,c, oil Rtlks Itlld AdtilillistIation, tiuee
1.13 senstols appointed by t-hc swate min01iry kltdel, foal state lepnsentativcs appoillt"d by
1.14 the spcitk.G ofibe hOtlse, ltfId tluee stitt" leplesentativ"s appointed by tll" house minmity
1.15 kadcr. All nl"mbGls racist lG.'lidc in olrcprcscnt a pOltion ofth" s"vcn-GOuury m,:,tlopolitall
1.16 alca. The appointing attthoritics mtlst CllSttl" balanced geoglaphic lcplcsentatic,n. Ditch
1.17 appointing atlth61iry mtlSt makc appointments as SMn as pos.o;ibk aRer the opening of the
1.18 n,:,xt ["gttlltt sc,.o;.o;ion of tn.,:, kgislatnl" in clt,:,h odd lldnlbclCd yel\r.
1.19 Subd. J. Turns, dltandes. Members ofthc ec,mmission .0;':'1 vC fox 1\ tvvo-yeltt term
1.20 beginning npon appointment and expiling upon appointme.,!It of a Stleee.o;sor after the
1.21 apcning afth:. IleAt l"i;tllltt sessiail afthc kgisiettule in the odd-llumbelCd yCItl. A vaGl\ney
1.22 in tile membGlship ofthG eOmll'l.iMiollllitlst be, filled &.1 tb,:, tlllGxpilcd tclHl in 1\ mmmCI
1.23 that ~~ ill p1CSCl vC t11,:, lcpr"sGntatioll Gstltblished by this se,:,tioh.
Section I.
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REVISOR
SGS/RT
SGS 10-02
2.1 Subd. 4. €hatr; The; eomn'lissiol1 must 111e;e;t !l.S soon !l.S ptae;tie;abk afte;r me:mbc;rs
2.2 me; appointed in e;aeh odd numbe;rcd ycal to dcct its chair and other offie;clS as it mil)
2.3 dde:rmine: ne;e;e;ssary. A chair SCt ve;s a two-ye;m term, cxpiring in the; odd-ntlmboe;d ye;at
2.4 after a Scle;cessOl is ckctcd. Thc e;hair nlust altclllatc bie;nniaUy be;hvc"n HK se;nlrt" and th"
2.5 hotlse; of re;pre;se;ntative;s.
2.6 Stlbd. 5. C6mpcnsllti6n. Me;mbe;rs se;rve; without compensation but may be;
2.7 rdmbrnsed for thc;ir re;!l.Sonabk e;xpense;s !l.S mmmc;rs of the kgishttutc
2.8 Subd. 6. Staff. Legislative staff must provide administrative and research assistance
2.9 to tne commission.
2.10 Sttbd. 7. l\1utings, PI6CCduH.S. The; com.nlissioll mce;ts at the; Gall ofth" Ghail.
2.11 IftlKI" is a qUOltlm, th" GOllimission mliY tll'kc action by a simpk mtljoritj vot" of
2.12 Gomnlission me;mbcrs prcse;nt.
2.13 Subd. 8. Powers; duties; Metropolitan Council levy, budget oversight. The
2.14 commission legislature must monitor, review, and make recommendations to the
2.15 Metropolitan Councilltnd to thG kgislatmc for the following calendar year on:
2.16 (1) the tax rate and dollar amount of the Metropolitan Council's property tax levies
2.17 and any proposed increases in the rate or dollar amount of tax;
2.18 (2) any request for an increase in tIre debt of the Metropolitan Council;
2.19 (3) the overall work and role of the Metropolitan Council;
2.20 (4) the Metropolitan Council's proposed operating and capital budgets, work
2.21 program, and capital improvement program; and
2.22 (5) the Metropolitan Council's implementation of the operating and capital budgets,
2.23 work program, and capital improvement program.
2.24 Subd. 9. Powers; duties; Metropolitan Council appointments oversight. The
2.25 commission legislature must monitor appointments to the Metropolitan Council and may
2.26 make recommendations on appointments to the nominating committee under section
2.27 473.123, subdivision 3, or to the governor before the governor makes the appointments.
2.28 The; e;ommission mzry also make; IGcommc;ndll'tions to the SCnlltc bdolG /tPpointmGnts are;
2.29 pre;scntcd to HK se;nIlte [01 its advice and conswt.
Section I.
2