Chapter 103D — Watershed Law

103D.001 Citation This section gives the official name for Chapter 103D. It may be called the 'Watershed Law.' This is Minnesota's main … 103D.011 Definitions This section defines key terms used throughout the Watershed Law. It explains what words like 'managers,' 'board,' … 103D.101 Board of Water and Soil Resources This section gives the Board of Water and Soil Resources (BWSR) the power to create watershed districts, set their … 103D.105 Board Hearings This section explains how the Board of Water and Soil Resources holds hearings. Rulemaking hearings follow Chapter 14. … 103D.111 Appeal of Board Orders This section explains how to appeal decisions made by the Board of Water and Soil Resources. For decisions about … 103D.201 Watershed District Purposes This section lists the purposes for creating a watershed district in Minnesota. General purposes include land use … 103D.205 Establishment Petition This section explains how to file a petition to create a new watershed district. The petition must include the proposed … 103D.211 Auditor's Certification of Petitioners When a county auditor receives a petition to create a watershed district, the auditor must check tax records to verify … 103D.215 Director's Report After receiving a petition to create a watershed district, the Director of Ecological and Water Resources must prepare a … 103D.221 Establishment Hearing; Notice This section covers the hearing to decide whether to create a new watershed district. The board must first verify the … 103D.225 Hearing and Order to Establish This section describes the hearing process and what happens when a watershed district is established. The board must let … 103D.231 Dismissing Establishment Proceedings If the Board of Water and Soil Resources decides that creating a proposed watershed district would not help the public, … 103D.251 Watershed District Boundary Changes This section explains how to change the boundaries of an existing watershed district. A petition must be filed with the … 103D.255 Withdrawing Territory This section lets people petition to remove land from a watershed district. The petition must show that the land has not … 103D.261 Proceedings to Enlarge Watershed District This section explains how to add more land to an existing watershed district. A petition must show that the new area is … 103D.265 Consolidating Districts This section allows two or more neighboring watershed districts to combine into one. All affected districts must sign … 103D.271 Procedure for Terminating Watershed District This section explains how to shut down a watershed district. At least 25% of resident owners must sign a petition saying … 103D.301 Distribution of Manager Positions This section explains how manager positions are split among counties in a watershed district. When a district covers … 103D.305 Increasing Number of Managers This section explains how to add more managers to a watershed district. A petition must be filed with the Board of Water … 103D.311 Appointing Managers This section covers how watershed district managers are appointed. Managers must be voting residents of the district and … 103D.315 Managers This section covers the duties, terms, and pay of watershed district managers. Each manager must take an oath and post a … 103D.321 Principal Place of Business This section covers the watershed district's main office location. If no public facility is available within the … 103D.325 Employees This section lets watershed district managers hire employees, including a chief engineer and professional staff. The … 103D.331 Advisory Committee Every watershed district must have an advisory committee with at least five members. The committee should include people … 103D.335 District and Managers' Powers This section lists the broad powers of watershed districts and their managers. Districts can sue, borrow money, use … 103D.337 Technical Advisory Committees Watershed districts that are entirely within the Twin Cities metropolitan area must set up a technical advisory … 103D.341 Rules This section requires watershed district managers to adopt rules to use their regulatory powers. Rules must be approved … 103D.345 Permits This section covers permit fees that watershed districts can charge. The application fee is up to $10, and a field … 103D.351 Annual Report Watershed district managers must prepare a yearly report covering the district's finances, project status, business … 103D.355 Annual Audit Watershed districts must have their finances audited every year, either by a private CPA or the state auditor. The audit … 103D.357 Removal of Managers A watershed district manager can be removed from their position before their term ends. The appointing authority … 103D.401 Watershed Management Plan This section requires every watershed district to adopt and maintain a management plan describing water problems, … 103D.405 Revised Watershed Management Plan Watershed districts must update their management plan at least every ten years. The revised plan must include updated … 103D.411 This section was repealed in 2024 by Chapter 90, Article 3, Section 88. It is no longer in effect. 103D.501 Construction and Administration This section says the entire Watershed Law (Chapter 103D) must be read and applied in a way that carries out the … 103D.505 Reference to Other Drainage Laws When the Watershed Law refers to other Minnesota drainage laws, those laws should be treated as if they were part of … 103D.511 Certain Condemnation Provisions; Applicability The usual rule about paying damages in condemnation (eminent domain) cases under section 117.155 does not apply when a … 103D.515 Preexisting and Improved Water Rights People and companies keep their existing water rights when a watershed district is created. However, if the district … 103D.521 Rights Assured Due Process of Law No one can lose an existing beneficial water use or right under the Watershed Law without due process of law. This means … 103D.525 Proceedings After Faulty Notices If a required notice for a watershed hearing is not given properly, the hearing is not automatically invalid. Instead, … 103D.531 Continuance of Hearings If the board, managers, or court do not show up for a scheduled watershed district hearing, the hearing is continued to … 103D.535 Appellate Procedures and Review This section explains how to appeal project-related orders from watershed district managers. You can appeal to district … 103D.537 Appeals of Rules, Permit Decisions, and Orders This section covers how to appeal watershed district rules, permit decisions, and non-project orders. You can challenge … 103D.539 Informal Resolution of Disputes Before filing a formal appeal or lawsuit against a watershed district decision, any interested party can ask to meet … 103D.541 Appeal of Court Order A person who is unhappy with a final district court order in a watershed case can appeal it just like any other civil … 103D.545 Enforcement Violating the Watershed Law, a watershed district rule, order, agreement, or permit is a misdemeanor. The law can be … 103D.551 Enforcing Rules and Orders The district court can enforce the Watershed Law and any rules or orders issued by watershed district managers through … 103D.601 This section was repealed in 2024 by Chapter 90, Article 3, Section 88. It is no longer in effect. 103D.605 All subdivisions of this section were repealed in 2024 by Chapter 90, Article 3, Section 88. This section is no longer … 103D.611 This section was repealed in 2024 by Chapter 90, Article 3, Section 88. It is no longer in effect. 103D.615 Emergency Projects If there is an emergency that threatens public health or welfare, watershed district managers can declare an emergency … 103D.621 Drainage Improvements This section addresses drainage system improvements in the Twin Cities metropolitan area. As urban growth has changed … 103D.625 Drainage Systems in Watershed District This section explains how county and joint county drainage systems are transferred to watershed districts. The transfer … 103D.631 Maintaining Projects Watershed district managers must keep their projects in working condition. A maintenance fund pays for routine repairs. … 103D.635 Repairs and Improvements Exceeding Normal Maintenance When a watershed project needs more than routine maintenance, the engineer must prepare cost and technical … 103D.641 Work Without Bid If the estimated cost of a repair is less than $25,000, including all fees and costs, the watershed district managers … 103D.701 Project Initiation No watershed district project can start until the Board of Water and Soil Resources approves the district's management … 103D.705 Projects Initiated by Petition This section explains how to start a watershed project by petition. The petition must describe the project, show it is … 103D.707 Projects Initiated by Managers Watershed district managers can start projects on their own by passing a resolution, without needing a petition. The … 103D.711 Engineer's Report After a project is proposed, the engineer must prepare a detailed report with findings, recommendations, maps, and cost … 103D.715 Appraisers; Determining Benefits and Damages When a project will be funded by assessments, managers must appoint three independent resident appraisers to figure out … 103D.721 Managers; Determining Benefits and Damages As an alternative to using appraisers, managers can determine benefits and damages themselves with help from the … 103D.725 Benefited Property; Determination This section explains how to determine which properties benefit from a watershed project for assessment purposes. … 103D.729 Water Management District Watershed districts can create water management districts within their territory to collect fees and pay for projects. … 103D.730 Stormwater Facilities Any watershed district can build, buy, or maintain stormwater collection systems including mains, holding ponds, and … 103D.731 Appraisers' Report; Examination Appraisers must prepare a written report of the benefits and damages they determined and give it to the managers. The … 103D.735 Hearing on Petition and Reports The managers must schedule a final hearing within 35 days after the engineer's report, appraisers' report, and advisory … 103D.741 Final Hearing Notice This section sets out what must be included in the notice for the final hearing on a watershed project. Published notice … 103D.745 Final Hearing At the final hearing, the managers hear all parties for and against the project. They can modify the engineer's and … 103D.801 Procedure When Contract is Not Let If all bids for a project are more than 30% above the engineer's estimate or exceed the net benefits, the managers must … 103D.805 Filing Managers' Order Establishing Project When managers issue an order establishing a project and authorizing construction, they must immediately file it with the … 103D.811 Bids for Construction After a project is approved, managers must advertise for bids. They can accept or reject any bid and award the contract … 103D.815 Controlling Contracts Managers have full control over watershed district contracts. If a contractor does not finish on time or properly, … 103D.821 Bridge or Grade Removal; Passage of Equipment When watershed district equipment needs to pass through a bridge or road, managers must give 20 days notice to the … 103D.901 Assessments; Levies This section governs how watershed districts collect project assessments. Managers file an assessment statement with … 103D.905 Funds of Watershed District This section lists the different funds a watershed district uses. These include an organizational expense fund, a … 103D.911 Budget Before adopting a budget, watershed district managers must hold a public hearing. The proposed budget must be published … 103D.915 Tax Levy After adopting the budget by September 15, the watershed district secretary tells each county auditor how much tax to … 103D.921 District Court to Create Preliminary Fund When a project petition is filed, managers can ask the district court to create a preliminary expense fund for initial … 103D.925 Warrants Managers can issue warrants (payment orders) to pay for project construction, general expenses, and approved repairs. …