Title Minnesota Statutes, Minnesota Statutes

103D.111 APPEAL OF BOARD ORDERS. § Subdivision 1.Reviewing establishment and termination decisions. In a proceeding to establish or terminate a watershed district where the board elected not to refer the proceeding to the Office of Administrative Hearings, a local unit of governm…

103D.201 WATERSHED DISTRICT PURPOSES. § Subdivision 1.General purposes. To conserve the natural resources of the state by land use planning, flood control, and other conservation projects by using sound scientific principles for the protection of the public health and welfare and…

103D.205 ESTABLISHMENT PETITION. § Subdivision 1.Filing. To establish a watershed district, an establishment petition must be filed with the board. § Subd. 2.Requirements. (a) The establishment petition must state: (1) the name of the proposed watershed district; (2) in general t…

103D.211 AUDITOR'S CERTIFICATION OF PETITIONERS. An auditor that receives a copy of an establishment petition must determine if the petitioners are resident owners from the tax records. The tax records are prima facie evidence of ownership. The auditor must certify the number of …

103D.215 DIRECTOR'S REPORT. (a) After receiving a copy of the establishment petition, the director must notify the board that an establishment petition has been received and prepare a preliminary watershed map of and a preliminary report about the watershed district. (b) The prel…

103D.221 ESTABLISHMENT HEARING; NOTICE. § Subdivision 1.Order for hearing. (a) After receiving an establishment petition, the board must determine whether the establishment petition has the requisite number of petitioner signatures. (b) If the establishment petition does not have…

103D.225 HEARING AND ORDER TO ESTABLISH. § Subdivision 1.Testimony and continuance. (a) The board must allow all persons interested in or affected by the proposed watershed district to be given an opportunity to make oral and written statements at the establishment hearing. (b) T…

103D.231 DISMISSING ESTABLISHMENT PROCEEDINGS. If the board determines that establishment of a proposed watershed district in an establishment petition would not benefit the public welfare and public interest, or would not serve the purpose of this chapter, the board must, by ord…

103D.251 WATERSHED DISTRICT BOUNDARY CHANGES. § Subdivision 1.Boundary requirement. The boundaries of a watershed district as established or changed must define contiguous areas. The boundaries may include all or part of one or more watersheds or counties. § Subd. 2.Procedure. Th…

103D.255 WITHDRAWING TERRITORY. § Subdivision 1.Petition. (a) Proceedings to withdraw territory from an existing watershed district must be initiated by a petition filed with the board. (b) A majority of the managers may file a petition for withdrawal. Otherwise, the required sig…

103D.261 PROCEEDINGS TO ENLARGE WATERSHED DISTRICT. § Subdivision 1.Petition. (a) Proceedings to enlarge an existing watershed district must be initiated by a petition filed with the board. A majority of the managers may file a petition. Otherwise, the required signatures on a pe…

103D.265 CONSOLIDATING DISTRICTS. § Subdivision 1.Petition. (a) Proceedings for the consolidation of two or more watershed districts must be initiated by a petition filed with the board. (b) The petition must be signed by each watershed district affected and state: (1) the names …

103D.271 PROCEDURE FOR TERMINATING WATERSHED DISTRICT. § Subdivision 1.Procedure. A watershed district may be terminated under this section, and a watershed district entirely within the metropolitan area may also be terminated under sections 103B.221 and 103B.225. § Subd. 2.Initi…

103D.301 DISTRIBUTION OF MANAGER POSITIONS. § Subdivision 1.More than one affected county. If more than one county is affected by a watershed district, the board must provide that managers are distributed by residence among the counties affected by the watershed district and in c…

103D.305 INCREASING NUMBER OF MANAGERS. § Subdivision 1.Initiation. A proceeding to increase the number of managers of a watershed district must be initiated by filing a petition with the board. § Subd. 2.Petition signatures. The petition to increase the number of managers must r…

103D.311 APPOINTING MANAGERS. § Subdivision 1.Manager qualifications. A person may not be appointed as a manager who: (1) is not a voting resident of the watershed district; and (2) is a public officer of the county, state, or federal government, except that a soil and water cons…

103D.315 MANAGERS. § Subdivision 1.Oath. Each manager must take and sign the oath defined in the Minnesota Constitution, article V, section 6. The signed oath must be filed with the board. § Subd. 2.Bond. (a) Each manager must file a bond with the board before assuming the manage…

103D.321 PRINCIPAL PLACE OF BUSINESS. § Subdivision 1.Unavailable public facilities. If publicly accessible facilities are not available for a watershed district's principal place of business within the watershed district, the board shall determine and designate the nearest suita…

103D.325 EMPLOYEES. § Subdivision 1.Employment authority. The managers may employ a chief engineer, professional assistants, and other employees, and provide for their qualifications, duties, and compensation. § Subd. 2.Bond. The managers may require an officer or employee of the…

103D.331 ADVISORY COMMITTEE. § Subdivision 1.Purpose. The managers must annually appoint an advisory committee to advise and assist the managers on all matters affecting the interests of the watershed district and make recommendations to the managers on all contemplated projects …

103D.335 DISTRICT AND MANAGERS' POWERS. § Subdivision 1.General powers. A watershed district has the power, to the extent necessary for lawful conservation purposes: (1) to sue and be sued; (2) to incur debts, liabilities, and obligations; (3) to exercise the power of eminent dom…

103D.337 TECHNICAL ADVISORY COMMITTEES. For a district wholly within the metropolitan area, the board of managers shall establish a technical advisory committee consisting of representatives of affected statutory and home rule charter cities, counties, and soil and water conserva…

103D.341 RULES. § Subdivision 1.Requirement. The managers must adopt rules to implement the regulatory powers of the managers. § Subd. 2.Procedure. (a) Rules of the watershed district must be adopted or amended by a majority vote of the managers, after public notice and hearing. …

103D.345 PERMITS. § Subdivision 1.Application fee. A person applying for a permit required by the managers under a rule controlling the use and development of land in the floodplain, greenbelt, and open space areas of the watershed district must accompany the application with a p…

103D.351 ANNUAL REPORT. (a) The managers must prepare a yearly report of the financial conditions of the watershed district, the status of all projects, the business transacted by the watershed district, other matters affecting the interests of the watershed district, and a discu…

103D.355 ANNUAL AUDIT. § Subdivision 1.Requirement. The managers must have an annual audit completed of the books and accounts of the watershed district. The annual audit may be made by a private certified public accountant or by the state auditor. The managers must submit the an…

103D.357 REMOVAL OF MANAGERS. After being provided an opportunity for a hearing before the appointing authority, a manager of a watershed district may be removed from the position by a majority vote of the appointing authority before term expiration for violation of a code of eth…

103D.401 WATERSHED MANAGEMENT PLAN. § Subdivision 1.Contents. (a) The managers must adopt and maintain a watershed management plan to exercise the powers of a watershed district and fulfill the purposes for which a watershed district may be established. The watershed management p…

103D.405 REVISED WATERSHED MANAGEMENT PLAN. § Subdivision 1.Requirements. (a) The managers must revise the watershed management plan for the watershed district at least once every ten years after the original watershed management plan is approved. The revised watershed management…

103D.501 CONSTRUCTION AND ADMINISTRATION. This chapter shall be construed and administered so as to make effective the purposes of section 103D.201, subdivision 1. History: 1990 c 391 art 4 s 33

103D.505 REFERENCE TO OTHER DRAINAGE LAWS. If this chapter refers to particular sections of the drainage laws of this state, the sections and provisions shall, if consistent with this chapter, be treated and construed as having the same effect, so far as the provisions of this ch…

103D.511 CERTAIN CONDEMNATION PROVISIONS; APPLICABILITY. Section 117.155 relating to payment of damages in a condemnation proceeding does not apply to a project financed by special assessment. History: 1990 c 391 art 4 s 35

103D.515 PREEXISTING AND IMPROVED WATER RIGHTS. § Subdivision 1.Preexisting water rights recognized. The rights of private or corporate landowners to use the waters of the watershed district for any purpose continue as the rights existed at the time of the organization of the wat…

103D.521 RIGHTS ASSURED DUE PROCESS OF LAW. A person may not be deprived or divested under this chapter of a previously established beneficial use or right without due process of law. History: 1990 c 391 art 4 s 37

103D.525 PROCEEDINGS AFTER FAULTY NOTICES. § Subdivision 1.Jurisdiction retained. If a notice is required for a hearing or proceeding before the board, managers, or district court, and the board, managers, or court find that proper notice was not given, the board, managers, or co…

103D.531 CONTINUANCE OF HEARINGS. If an order has been made and notice given for a hearing in a proceeding under this chapter, and the board, managers, or court fail to appear at the time and place specified, the board or the managers, or the court administrator of the district c…

103D.535 APPELLATE PROCEDURES AND REVIEW. § Subdivision 1.What can be appealed. (a) Any party alone or jointly may appeal to the district court or to the board an order of the managers made in a proceeding relating to a project and entered in the watershed district's record that …

103D.537 APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS. (a) Except as provided in section 103D.535, an interested party may appeal a permit decision or order made by the managers by a declaratory judgment action brought under chapter 555. An interested party may appeal a rule ma…

103D.539 INFORMAL RESOLUTION OF DISPUTES. An interested party may request a meeting with the dispute resolution committee of the Board of Water and Soil Resources to informally resolve a dispute before initiating a declaratory judgment action or an appeal under sections 103D.535 …

103D.541 APPEAL OF COURT ORDER. § Subdivision 1.Appeal authorized. A party may appeal a court order as in other civil cases if aggrieved by a final order or judgment given on appeal to the district court or by the original order of the court made in proceedings heard and tried be…

103D.545 ENFORCEMENT. § Subdivision 1.Misdemeanor. A violation of a provision of this chapter, a rule, order, or stipulation agreement made or a permit issued by the managers under this chapter is a misdemeanor. § Subd. 2.Methods of enforcement. A provision of this chapter, a rul…

103D.551 ENFORCING RULES AND ORDERS. The district court may enforce the provisions of this chapter, and a rule adopted or order issued by the managers under this chapter by injunction or other appropriate order. History: 1990 c 391 art 4 s 43

103D.615 EMERGENCY PROJECTS. § Subdivision 1.Declaration of emergency. If the managers find that conditions exist that present a clear and imminent danger to the health or welfare of the people of the watershed district, and that to delay action would prejudice the interests of t…

103D.621 DRAINAGE IMPROVEMENTS. § Subdivision 1.Findings. The legislature finds that because of urban growth and development in the metropolitan area problems arise for the improvement and repair of drainage systems which were originally established for the benefit of land used f…

103D.625 DRAINAGE SYSTEMS IN WATERSHED DISTRICT. § Subdivision 1.Duty to assume drainage systems. (a) The managers shall take over a joint county or county drainage system within the watershed district and the right to repair and maintain the drainage system if directed by a join…

103D.631 MAINTAINING PROJECTS. § Subdivision 1.Maintenance required. The managers are responsible for maintaining the projects of the watershed district in a condition so that they will accomplish the purposes for which they were constructed. § Subd. 2.Maintenance fund. (a) The c…