Subdivision 1. Procedure. (a) A rulemaking hearing must be conducted under chapter 14.
(b) Notwithstanding chapter 14, other hearings under this chapter, except hearings under paragraph (a), shall be conducted by the board under this section. The board may refer the hearing to one or more members of the board or an administrative law judge to hear evidence and make findings of fact and report them to the board.
Subd. 2. Procedure for noncontroversial plans or petitions. (a) If the board finds that a watershed management plan or petition that would be given a hearing under subdivision 1, paragraph (b), is noncontroversial, the board may, except in a proceeding to establish or terminate a watershed district, proceed under this subdivision.
(b) The board must give notice that the watershed management plan or petition has been filed. The notice must be made:
(1) by publication in a legal newspaper in each county affected by the watershed district;
(2) by mail to the auditor of each county affected by the watershed management plan or petition; and
(3) by mail to the chief executive officer of each city affected.
(c) The notice must:
(1) describe the actions proposed by the plan or petition;
(2) invite written comments on the plan or petition for consideration by the board;
(3) state that a person who objects to the actions proposed in the plan or petition may submit a written request for hearing to the board within 30 days of the last publication of the notice of filing of the plan or petition; and
(4) state that if a timely request for hearing is not received, the board may make a decision on the plan or petition at a future meeting of the board.
(d) If one or more timely requests for hearing are received, the board must hold a hearing on the plan or petition.
1990 c 391 art 4 s 4; 1991 c 214 s 3; 1998 c 312 s 2
Structure Minnesota Statutes
Chapter 103D — Watershed Districts
Section 103D.011 — Definitions.
Section 103D.501 — Construction And Administration.
Section 103D.505 — Reference To Other Drainage Laws.
Section 103D.511 — Certain Condemnation Provisions; Applicability.
Section 103D.515 — Preexisting And Improved Water Rights.
Section 103D.521 — Rights Assured Due Process Of Law.
Section 103D.525 — Proceedings After Faulty Notices.
Section 103D.531 — Continuance Of Hearings.
Section 103D.535 — Appellate Procedures And Review.
Section 103D.537 — Appeals Of Rules, Permit Decisions, And Orders.
Section 103D.539 — Informal Resolution Of Disputes.
Section 103D.541 — Appeal Of Court Order.
Section 103D.545 — Enforcement.
Section 103D.551 — Enforcing Rules And Orders.
Section 103D.101 — Board Of Water And Soil Resources.
Section 103D.105 — Board Hearings.
Section 103D.111 — Appeal Of Board Orders.
Section 103D.201 — Watershed District Purposes.
Section 103D.205 — Establishment Petition.
Section 103D.211 — Auditor's Certification Of Petitioners.
Section 103D.215 — Director's Report.
Section 103D.221 — Establishment Hearing; Notice.
Section 103D.225 — Hearing And Order To Establish.
Section 103D.231 — Dismissing Establishment Proceedings.
Section 103D.251 — Watershed District Boundary Changes.
Section 103D.255 — Withdrawing Territory.
Section 103D.261 — Proceedings To Enlarge Watershed District.
Section 103D.265 — Consolidating Districts.
Section 103D.271 — Procedure For Terminating Watershed District.
Section 103D.301 — Distribution Of Manager Positions.
Section 103D.305 — Increasing Number Of Managers.
Section 103D.311 — Appointing Managers.
Section 103D.321 — Principal Place Of Business.
Section 103D.331 — Advisory Committee.
Section 103D.335 — District And Managers' Powers.
Section 103D.337 — Technical Advisory Committees.
Section 103D.351 — Annual Report.
Section 103D.355 — Annual Audit.
Section 103D.401 — Watershed Management Plan.
Section 103D.405 — Revised Watershed Management Plan.
Section 103D.411 — Amendment Of Watershed Management Plan And Revised Watershed Management Plan.
Section 103D.601 — Project Initiated By Managers.
Section 103D.605 — Project Constructed With Government Aid Or As Part Of Plan.
Section 103D.611 — Construction By Government Agencies.
Section 103D.615 — Emergency Projects.
Section 103D.621 — Drainage Improvements.
Section 103D.625 — Drainage Systems In Watershed District.
Section 103D.631 — Maintaining Projects.
Section 103D.635 — Repairs And Improvements Exceeding Normal Maintenance.
Section 103D.641 — Work Without Bid.
Section 103D.701 — Project Initiation.
Section 103D.705 — Project Petition.
Section 103D.711 — Engineer's Report.
Section 103D.715 — Appraisers; Determining Benefits And Damages.
Section 103D.721 — Managers; Determining Benefits And Damages.
Section 103D.725 — Benefited Property; Determination.
Section 103D.729 — Water Management District.
Section 103D.730 — Stormwater Facilities.
Section 103D.731 — Appraisers' Report; Examination.
Section 103D.735 — Hearing On Petition And Reports.
Section 103D.741 — Final Hearing Notice.
Section 103D.745 — Final Hearing.
Section 103D.801 — Procedure When Contract Is Not Let.
Section 103D.805 — Filing Managers' Order Establishing Project.
Section 103D.811 — Bids For Construction.
Section 103D.815 — Controlling Contracts.
Section 103D.821 — Bridge Or Grade Removal; Passage Of Equipment.
Section 103D.901 — Assessments; Levies.
Section 103D.905 — Funds Of Watershed District.
Section 103D.921 — District Court To Create Preliminary Fund.