§ 103D.537 — Appeals of Rules, Permit Decisions, and Orders
Plain-Language Summary
This section covers how to appeal watershed district rules, permit decisions, and non-project orders. You can challenge a permit decision or order through a declaratory judgment action in court. Rules can also be appealed to the Board of Water and Soil Resources. Public transportation authorities get an expedited appeal process within 30 days.
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 made by the managers by a declaratory judgment action brought under chapter 555 or by appeal to the board. The decision on appeal must be based on the record made in the proceeding before the managers. An appeal of a permit decision or order must be filed within 30 days of the managers’ decision.
(b) In addition to the authorities identified in paragraph (a), a public transportation authority may appeal a watershed district permit decision to the board. The board shall, upon request of the public transportation authority, conduct an expedited appeal hearing within 30 days or less from the date of the appeal being accepted.
(c) By January 1, 2005, the board shall adopt rules governing appeals to the board under paragraphs (a) and (b). A decision of the board on appeal is subject to judicial review under sections 14.63 to 14.69. The rules authorized in this paragraph are exempt from the rulemaking provisions of chapter 14 except that section 14.386 applies and the proposed rules must be submitted to the members of senate and house of representatives environment and natural resource and transportation policy committees at least 30 days prior to being published in the State Register. The amended rules are effective for two years from the date of publication of the rules in the State Register unless they are superseded by permanent rules.
History:
1992 c 466 s 6; 1995 c 199 s 31; 2003 c 128 art 1 s 110
History: History: 1992 c 466 s 6; 1995 c 199 s 31; 2003 c 128 art 1 s 110