Subdivision 1. Assistance priorities. State agencies may give priority to local government unit requests that are part of or responsive to a comprehensive plan, local water management plan, watershed management plan, or comprehensive watershed management plan, developed or amended, approved and adopted, according to chapter 103B, 103C, 103D, or 114D, when administering programs for water-related financial and technical assistance.
Subd. 2. Establishment. A local water resources restoration, protection, and management program is established. The board may provide financial assistance to local units of government for activities that restore, protect, or manage water and related land quality. The activities include planning, zoning, official controls, best management practices, capital projects, and other activities to implement a comprehensive plan, local water management plan, or watershed management plan, developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D.
Subd. 3. [Repealed, 2003 c 128 art 1 s 176]
Subd. 4. Contracts. A local unit of government may contract to implement programs. An explanation of the program responsibilities proposed to be contracted must accompany grant requests. A local unit of government that contracts is responsible for ensuring that state funds are properly expended and for providing an annual report to the board describing expenditures of funds and program accomplishments.
Subd. 5. Financial assistance. The board may award performance-based, watershed-based, or program-based grants or other financial assistance to local units of government that are responsible for implementing elements of applicable portions of watershed management plans, comprehensive plans, local water management plans, or comprehensive watershed management plans, developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the board may also award performance-based grants to local units of government to carry out TMDL implementation plans as provided in chapter 114D, if the TMDL implementation plan has been incorporated into the local water management plan according to the procedures for approving comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review process. Notwithstanding section 16A.41, the board may award performance-based, watershed-based, or program-based grants or other financial assistance on an advanced basis and may prescribe the amount of local match required. The board may enter into intergovernmental agreements to provide funding for water management to local governments.
Subd. 6. Conditions. (a) Grants provided to implement programs under this section must be reviewed by the state agency having statutory program authority to assure compliance with minimum state standards. At the request of the state agency commissioner, the board shall revoke the portion of a grant used to support a program not in compliance.
(b) Grants may be provided to develop, amend, or implement local water management plans, comprehensive plans, watershed management plans, or comprehensive watershed management plans, approved and adopted, according to chapter 103B, 103C, 103D, or 114D.
(c) A local unit of government may not request or be awarded grants for project implementation unless a comprehensive plan, local water management plan, watershed management plan, or comprehensive watershed management plan has been developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D.
Subd. 7. [Repealed, 2002 c 220 art 8 s 16]
Subd. 8. [Repealed, 2002 c 220 art 8 s 16]
Subd. 9. Performance-based criteria. (a) The board must develop and use performance-based criteria for local water resources restoration, protection, and management programs and projects. The criteria may include but are not limited to science-based assessments, organizational capacity, priority resource issues, community outreach and support, partnership potential, potential for multiple benefits, and program and project delivery efficiency and effectiveness.
(b) Notwithstanding paragraph (a), the board may develop and use eligibility criteria for state grants or other financial assistance provided to local governments.
1989 c 326 art 2 s 10; 1990 c 391 art 10 s 3; 1990 c 597 s 15; 1990 c 604 art 3 s 1,2; 1995 c 184 s 26,27; 2003 c 128 art 1 s 102-105; 2009 c 176 art 1 s 26; 2012 c 272 s 37; 2013 c 143 art 4 s 3; 1Sp2019 c 4 art 5 s 1,2
Structure Minnesota Statutes
Chapter 103B — Water Planning And Project Implementation
Section 103B.001 — Citation; Water Law.
Section 103B.101 — Board Of Water And Soil Resources.
Section 103B.102 — Local Water Management; Accountability And Oversight.
Section 103B.103 — Easement Stewardship Accounts.
Section 103B.151 — Coordinating Water Resource Planning.
Section 103B.155 — State Water And Related Land Resource Plan.
Section 103B.201 — Metropolitan Water Management Program; Purpose.
Section 103B.205 — Definitions.
Section 103B.211 — Joint Powers Watershed Management Organization.
Section 103B.215 — Boundary Change Of Watershed Districts.
Section 103B.221 — Terminating Watershed District.
Section 103B.225 — Boundary Change And Termination; Effect On Benefits And Damages.
Section 103B.227 — Watershed Management Organizations.
Section 103B.231 — Watershed Plans.
Section 103B.235 — Local Water Management Plans.
Section 103B.239 — Rule Review.
Section 103B.245 — Special Tax District; Local Government Unit.
Section 103B.251 — Capital Improvements By Watershed Management Organizations.
Section 103B.252 — Emergency Projects.
Section 103B.253 — County Levy Authority.
Section 103B.255 — Groundwater Plans.
Section 103B.305 — Definitions.
Section 103B.311 — County Water Planning And Management.
Section 103B.312 — Identifying Priority Concerns.
Section 103B.313 — Plan Development.
Section 103B.314 — Contents Of Plan.
Section 103B.315 — Comprehensive Water Plan Review And Adoption.
Section 103B.321 — Duties Of The Board.
Section 103B.325 — Consistency Of Local Plans And Controls With Local Water Management Plan.
Section 103B.331 — Authority Under Approved Local Water Management Plans.
Section 103B.335 — Tax Levy Authority.
Section 103B.3355 — Wetland Functions For Determining Public Values.
Section 103B.3363 — Definitions.
Section 103B.3367 — Water Plan Extensions.
Section 103B.3369 — Local Water Resources Restoration, Protection, And Management Program.
Section 103B.341 — Public Drainage.
Section 103B.345 — Resolving Disputes.
Section 103B.355 — Application.
Section 103B.451 — South Dakota-minnesota Boundary Waters Commission.
Section 103B.501 — Lake Improvement Districts.
Section 103B.505 — Definitions.
Section 103B.511 — Administration By Commissioner.
Section 103B.515 — Initiation And Establishment By County Board.
Section 103B.521 — Initiation By Petition And Establishment By County Board.
Section 103B.525 — Establishing District In More Than One County.
Section 103B.531 — Creation By Commissioner Of Natural Resources.
Section 103B.535 — Order Establishing District.
Section 103B.541 — Publication And Effective Date.
Section 103B.545 — Referendum On Establishment.
Section 103B.551 — Board Of Directors.
Section 103B.561 — Voting By Joint County Boards.
Section 103B.565 — Enforcing Ordinances.
Section 103B.571 — Annual Meeting Of District.
Section 103B.575 — Expanding Lake Improvement District.
Section 103B.581 — Termination.
Section 103B.601 — Definitions.
Section 103B.615 — District Officers.
Section 103B.625 — Executive Director.
Section 103B.631 — Performance Of Duties And Expenses.
Section 103B.635 — District Funding.
Section 103B.641 — District Regulations.
Section 103B.645 — Prosecuting Violations.
Section 103B.651 — Definitions.
Section 103B.665 — District Officers And Employees.
Section 103B.675 — Executive Director.
Section 103B.683 — Prosecuting Violations.
Section 103B.685 — Performance Of Duties And Expenses.
Section 103B.691 — District Funding.
Section 103B.801 — Comprehensive Watershed Management Planning Program.