HomeMy WebLinkAboutAppendix A: State of MN Rules..
Appendix A
State of Minnesota Rules Governing Local Storm Water Management Plans
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10311.1.35 WCAL WATER MANAGEMENT I'LANS.
Subdivision 1. Rcqu~f'CmcDt. (3) Mler Ihe walershcd plan is apprilved and adopled, or
amended, pur:¡uanl 10 ~C!I~)f\ 1 03ß.~ I, Ihe ~~I government unil~ having land use planning
and regulalory responsIbility for temlory wtllun Ihc walcrshcd shall prcpare or cause 10 be
prepared a local w~ler managcmenl plan, capital improvemenl program, and official controls
as.n<;cess3f! to bn~s local ,,:,ater.management into conformantt wilhlhe walershed plan
wlllun the lime pcnod prcscnbed to the implemenlaCion program of tbe w¡lershed plan and.
as 1Ic:cessary. shall prep¡re orC3USC to be prepared amendments to the local compreheR$ivc
plan. .
(b) Each IOWn wilbin Ibe counties o( Anokl. Carver, Dakota, Scott, and Washington au-
thorized by geoeral or spccia1l¡w 10 plan and regulale the use o( land under $CCtÏons 4<i2.;)SI
to <C6~ shall by rcsolulion determine wþetbcc to prepare Ibc local waler ma.oagemcnt
plan Itself or to dclcgale all or part o( the preparation o( Ibc plan 10 Ibe couoly.
419 WATÐt ru.NNING AND PROJECT IMI'lEMENVJION IOJU3S
(c) Towns wilbin counties lItat have: adopted comprehensive plans applicable tolbe
town muse use counly preparalion o( their plan to the maximum extent possible.
Subd.2. Contents. (a) Each local plan, in Ibe degrc:c of dccail required in the walershed
plan, shall:
(1) describe existing and proposed physical environment and land use;
(2) defioe drainage: areas and Ibe volumes. rates, and paths of stormwater runoff;
(3) identify areas and elevations for stormwater storage adequate to meet performance
standards established in the watersbed plan;
(4) define water quality and wa.ter quality protection melbods adequate 10 meet perfof.-
mance standards established in Ibe watershed plan; .
(5) identify regulated areas; and
(6) set fonh an implementation program, including a description of official controls
and, as appropriate, a capital improvement program.
(b) The board of water and soil rc:sources shall adopt Nics establishing minimum løcal
plan standards and a model ~nvironmentàJ management ordinantt for use by local govern-
ment units in implementing local water plans. The standards apply to plan amendments made
to confomì to changes in the watershed plans that are adopted under the board rules required
by section 103B.231, subdivision 6.
. Subd. 3. Review. Aftet consideration but before adoption by tbe governing body, each
local unit shall subll1Ît its water management plan to tbe watershed management organization
for·review for consistency with the watershed plan adoptcdpursuant to section l03B.23l.lf
the county or counties baving temtory within the local unit bave a state-approved and locally
adopted groundwater plan, the local unit shall submit its plan to the county or counties for
l'CVÍew. The ëouoty or counties bave 45 days to review and comment on Ibe plan. The orga-
nization sbaU approve or disapprove the local plan or paftS of the p~ The organization sbaII
bave 60 days to complete its review; provided, however. that the watershed·managemeot or-
ganization sbaU, as part of its review, take into account Ibe comments submitted to it by the
metropolitan counå1 p!Ø'Suarit to subdivision 3.. If the organization fails 10 complete its rc:-
. view within the prcscn'bcd period, Ibc: local plan shall be deemed approved unless au exten-
sion is agreed to by the local unit. .
Subd.]a. Reyiew by DlctropoUtaa couacil. Concurrently willi its submission of its lo-
cal water management plan to the watershed ma.µgement organization as provided in subdi-
vision 3, each local unit of government shall submit ilS water management plan to lite metro-
politan counciUor review and comment by the council. The council sbaIJ have 45 days to
review and comment upon the local plan Of pacts of the plan with respect to coR$istency with
the council's comprehensive development guid~ for th.e metropolitan area. The council's
45-day review pGriod shall run concurrently with lite 6<Hiayreview period by Ibe watershed
ma.oagemc:nt orgauization provided in subdivision 3. The: metropolitan council shall submit
its comments to the watersbed manag.ement organization and slWI send a cOpy of its rom-
ments 10 Ibe local government unit. If the metropolitan council fails to complete ilS review
and make comments to the watè:fShed management organiZation within tbe 45-day period,
the watershed management organizalion shall complete its review as provided in subdivision
3.
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Subd. 4. Adoption and implementation. After approval oC the local plan by the orga-
nization, the local governmenlunit shall adopt and implement its plan within 120 days and
shall amend its official controls accordingly within 180 days.
Subd. S. Amendments. To the extent and in the manner rcquiredby the organization. all
amendments to local water management plans shall be sub~illed to the organization for re·
. view and approval in accordantt with the provisions oC subdivisions land 3a Cor tbe review·
of plans.
History: 1990 c 39i art 2s 12; 1990 c 60] s 21; 1995 c 176 s 1-3; 1995 c 184 s ]/
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Miill1~$QtªStªtut~s2QQ3,Tªbl~QfÇhapt~rs
Table. Qf..cQntent.s.JQI..Çhapter...l.Q3B
103B.325 Consistency of local plans and controls with
the local water management plan.
Subdivision 1. Requirement. Local units of
government shall amend existing water and related land resources
plans and official controls as necessary to conform them to the
applicable~ approved local water management plan following the
procedures in this section.
Subd. 2. Procedure. Within 90 days after local units
of government are notified by the county board of the adoption
of a local water management plan or of adoption of an amendment
to a còmprehensive water plan, the local units of government
exercising water and related land resources planning and
regulatory responsibility for areas within the county must
submit existing water and related land resources plans and
official controls to the county board for review. The county
board shall identify any inconsistency between the plans and
controls and the local water management plan and shall recommend
the amendments necessary to bring local plans and official
controls into conformance with the local water management plan.
Subd. 3. Revision and implementation. Local units of
government shall revise existing plans and official controls to
conform them to the recommendations of the county board and
shall initiate implementation of the revised plans and controls
within 180 days after receiving the recommendations of the
county board, or 180 days after resolution of an appeal,
whichever is later.
Subd. 4. Appeals. A local unit of government may,
within 60 days after receiving the recommendations of the county
board, appeal any recommendation to the Board of Water and Soil
Resources for a hearing as provided in section .10.3I?.,.JJ.;i..
Subd. 5. New plans and controls. New or amended
water and related land resources plans and official controls
proposed by local units of government for their adoption
following adoption of the comprehensive water plan shall be
submitted to the county board for review and recommendation as
provided under this section.
HIST: 1990 c 391 art 2 s 22; 200~ c 128 art 1 s 96,97
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.1eg.state.mn.us/stats/l 03B/3 25 .html
512012004
8HO.01SO
&. The executive director shall determine whether
there is a basis for a complaint before reporting the complaint
to the board. The executive director shall· ensure that the
affected organization is notified of the complaint and given an
opportunity to respond to the allegations before determining
whether there is a basis for the complaint.
C. If the executive director determines there is a
basis for the complaint, the complaint shall be reported to the
board. The affected organization shall be given an opportunity
to appear before the board at the time the complaint is reported
to it and respond to the allegations in the complaint. The
complainant shall also be given an opportunity to appear.
D. After having the co~plaint reported to it, and
after providing an opportunity for the organization and the
complainant to be heard by it, the board shall decide whether to
order a state financial or performance audit of the organization.
SA: KS s lQ3B.101: 103B.211: 103B.231: 103B.227
HIST: 17 SR 146
CON'rENT OF IœAL PI..ANS
8·nO.0160 GENERAL STRUCTURE.
Each local pl~n must, at a mlnlmum, meet the rèquirements
for local'plans in Minnesota Statutes, section 103B.23S, except
as provided by the watershed management organization plan under
part 8410.0110, subpart 3. Each local plan must include
sections containing a table of contents: purpose: water resource
related agreements: executive summary; land and water resou~ce·
inventory: establishment of goals and policies: reiation of
goals and policies to local, regional, state, and~ federal plans,
goals, and programs: assessment of problems: corrective ,actions;
financial considerations: implementation priorities: amendmènt
procedures: implementation program: and an appendix. Each
community. should consider including its local plan as a chapter
of its local comprehensive plan. 'Each local plan shall be
adopted within two years of the board's approval'of the last
organization plan that affects local units ofgovernmen~.
SA: MS s 103B.101: 103B.211: 10~B.231; 103B.227
inST: 17 SR 146
8(10.0170 STRUCTURE.
Subpart 1. Purpose. Each local plan must have a section
entitlèd RPurpose" outlining the purposes of the water'
management programs require~ by Minnesota Statutes, sections
103B.205 to 103B.255. .
Subp. 2. Water " resource aanAgement. related agreements..
Appropriate water resource managemèntrelated agreements that
have been entered into by the local community must be outlined,
including joint powers agreements related to water management
that the local community may be party to between itself and
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8UO.0170·
watershed management organizations, adjoining communities, or
private parties. Available information concerning these
agreements in general conformance with the content of joint
powers agreements for organizations as outlined in part
8410.0030 must be included.
Subp. 3. Executive summary. Each plan shall have a
section entitled -Executive Summary- that .generally summarizes
·the content of the local plan in a manner similar to that
required for organization plans under part 8410.0050.
Subp. 4. Land and vater resource inventory. . Each local
plan must cOntain a composite land and water resource inventory
containing all relevant data from organization plans affecting
it consistent with the data required by part 8410.0060. .
. Subp. S. Establishment of policies and goals. Each local
plan $ust state specific goals and correspOnding Policies
related· to the purpose of these plans~ be consistent with the
policies and goals of the organization plans within the city or
township, and address the relation· of the local pl,an to tbe
regional, state, and federal goals and programs outlined in part
8410.0070.
Subp. 6. Assessment of problems. Each plan must contain .a
sU1lUUaryassessment.ofexisting or potential water resource
related problems, including those identified in organizatio~
plans that affect the community. The problem assessment must be
completed for only those areas within the corporate limits of
the community and meet the same content requirements as those
outlined for organization plans under part 8410.00BO,·subparts 1
and 2.
Subp. 7. Corrective actions. Each local plan· shall
describe nonstructural, programmatic, and structural solutions
to the problems identified in subpart 6. The mandatory actions
for orga.nization plan~ outlined in part 8UO.OlOO".subparts 1 to
6, shall be considered except that actions must be limited to
those that can b~ implemented at a local level. All corrective
actions must be. consistent with the organization plans having
jurisdiction ~n the municipality or· township. .
. subp.a. Financial considerations. Each local plan must
contain an analysiS of thè financial impact of implementation of
the proposed regulatory controls and programs identified under
subpart 7. The analysis must include, at a minimum, the
following items: .
A. the estimated cost of adoption and enforcement of
local controls and standards for the local municipality;
B~ the estimated annual cost of implementation of
other specified programs to each local municipality: ~
C. a discussion of· local ability to fund apoption of
and enforcement of local controls and standards, implementation
of other specified programs; and capital improvements, including:
(1) levy limit constraints:
(2) effect on other city funding needs;
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8410.0170
(3) establishment of watershed management· taxing
districts;
(4) creation of stormwaterutilities; and
(S).1IIonetary impact against homes or farmsteads
in affected community;
D. the impact on the local municipality of local
implementation of each capital improvement project component if
ad valorem financing is used; and
E. a summary of grant funding that would likely be
available to fund water management projects and programs.
Subp. 9. I.ple.entation priorities. Each local plan must
prioritize implementation components to make the best use of
available local funding and'prevent.future water management
problems from occurring to the maximum practical extent. Local
plans must prioritize organization plan Î1t\plementation
components .in·line witb.organization priorities as outlined
under part 8410.0120 only for implementation components that
must be facilitated by tbe local municipality or township.
Subp. 10. I~lementation program. Eac.h local plan must
outline required implementation components that apply at a local
level. These components shall be cons·istent with the required·
plan components outlined for orga~ization plans .undét part
8410.0130. Official local controls must be enacted within six
months of adoption of the local plan.
Subp. .11. Amendment procedures. Each local plan must
contain a section entitled "Amend~ents to Plan" containing the
year the plan extends to and establishes the process by which
amendments alay be made. The amendment procedure shall conform·
with the plan amendment procedure outlined in t~e organization
plans that affect the community. Local plan amendments must be
forwarq.ed to each organization affected by tbe local plan
,amendment for review and approval before adoption.
Subp.12. Subaittal and review. After consideration and
before adoption, the local plan shall be submitted to all
affected 'organizat~ons for review according to Minne.sota
Statutes, section 103B.235. Each local unit of government must
also n~tify affected organi~ations within 30 days of adoption
and implementation of the plan" inciudin~ the adoption of
nece$sary official controls.
SA: MS s l03B.lOl¡ 103B.211; l03B.231¡ 103B..227
'HIST: 17 SR 146
8.nO.OlBO DET'ERKINATIONS OFFAILORE TO IMPLEMENT.
Subpart 1. Applicabilit!~ This part applies when a plan
is. not being implemented for a watershed either because no
watershed ·management organization exists, because the .
organi~ation has not adopted an approved plan, or because the
approved plan is not being carried out; .
Subp. 2. Establishing- cause. Before the board's
involvement in determinations of whether a plan is being
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