MN Statutes 103F.171 - 103F.187

103F.171 ~ SOUTHERN MN RIVERS BASIN AREA II BOUNDARIES

For the purposes of sections 103F.171 to 103F.187, the term "southern Minnesota rivers basin area II" means the area within the watershed of rivers and streams that are tributaries of the Minnesota River from the south between the cities of Ortonville and Mankato. Major rivers included within the watershed are the Yellow Bank, Lac qui Parle, Yellow Medicine, Redwood, and Cottonwood. All of the Lac qui Parle, Yellow Medicine, and Redwood counties, and parts of Lincoln, Lyon, Pipestone, Murray, Cottonwood, and Brown counties are included within the boundaries of the area. HIST: 1990 c 391 art 6 s 16

103F.173 ~ PROGRAM

There shall be a state grant-in-aid pilot program of providing financial assistance to units of local government, including counties, soil and water conservation districts, and watershed districts, located in the southern Minnesota river basin Area II for project and construction costs for the building of floodwater retarding and retention structures within a general plan for floodplain management. HIST: 1990 c 391 art 6 s 17

103F.175 ~ AID FORMULA

Grants may be made by the Board of Water and Soil Resources to local governmental units for the purposes of sections 103F.171 to 103F.187 in an amount not to exceed 75 percent of the total cost of each project, including site acquisition, engineering, and construction. If federal funds are being utilized for a portion of the project costs, the state contribution may not exceed 50 percent of the remaining non-federal costs equally. Money granted by the state may not be used for any project of stream channelization. HIST: 1990 c 391 art 6 s 18

103F.177 ~ OPERATION WITHIN AGENCY

Subdivision 1. Board of Water and Soil Resources

The Board of Water and Soil Resources shall supervise the grant-in-aid pilot program pursuant to sections 103F.171 to 103F.187.

Subdivision 2. Procedures and Forms

The Board shall devise procedures and forms for application for grants by local units of government, and review of and decision on the applications by the state board.

Subdivision 3. Staff Position

A professional engineer shall be employed by the Board to work exclusively on the technical implementation and engineering of the pilot project established pursuant to sections 103F.171 to 103F.187. The engineer shall assist local units of government and the board to achieve the purposes of the project, and shall have duties including:

(1) field review and analysis of projects and project sites;

(2) preparation of permit applications, including evaluation of environmental effects;

(3) development of recommended pertinent provisions of permits for specific projects;

(4) preparation of plans for further consideration of remedial flood control structural measures as part of a general rural floodplain management effort; and

(5) evaluation of the effectiveness of completed projects constructed unter this program. HIST: 1990 c 391 art 6 s 19

103F.179 ~ SELECTION OF PROJECTS

Subdivision 1. Evaluation of area and sites; federal cooperation.

Before a grant is made, a priority system shall be devised for the selection of projects to receive the aid. The Board of Water and Soil Resources is the granting authority and shall cooperate with the United States Army Corps of Engineers, the Department of Natural Resources, the United States Soil Conservation Services, and the Area II Action Committee in analysis of the general floodplain management plan for the area and in hydrological and engineering studies on specific proposed sites. From that information, the Board of Water and Soil Resources shall determine the relative severity of the flooding problem which would be wholly or partly solved by each project. The range of priorities based on these findings shall provide a basis for selections of project sites.

Subdivison 2. Project requirement for each watershed.

Notwithstanding the requirement in subdivision 1 that project selection be based on a priority system, not more than one project may be located within any one of the Cottonwood, Lac qui Parle, Redwood, Yellow Medicine, and Yellow Bank rivers watersheds unless agreed upon by the Area II Action Committee composed of representatives of each of those watersheds. HIST: 1990 c 391 art 6 s 20

103F.181 ~ CONDITIONS FOR GRANTS

Subdivision 1. Local expression of willingness.

The local unit of government shall apply for a grant by a resolution requesting state funding assistance for the construction of a floodwater retention or retarding structure within its jurisdiction. The resolution shall include provisions concerning local funding, if any. The local unit of government hall state its intent to obtain necessary land rights for proposed construction sites and to assume responsibility for maintenance of the structure on its completion.

Subdivision 2. General Plan.

The local unit of government shall demonstrate that the construction project that is proposes is consistent with its general plan for floodplain management. The general plan of the local government unit shall be in conformity with the policy and objectives of this chapter and shall, were reasonable and practicable, include non-structural means of floodplain management.

Subdivision 3. Federal aid availability.

The Board of Water and Soil Resources shall complete a detailed analysis of the availability of federal funds and programs to supplement or complement state and local efforts on each project and include the eligibility requirements and time frame for receiving federal aid.

Subdivision 4. Environmental Impact Statement.

The local unit of government, assisted by the project staff engineer, shall make a comprehensive evaluation of the positive and negative environmental effects which would be reasonably likely to take place if the particular proposed project would be constructed. HIST: 1990 c 391 art 6 s 21

103F.183 ~ APPROVED PROJECTS.

Subdivision 1. Contracts.

When a proposed project is approved to receive a grant, the Board of Water and Soil Resources shall negotiate a contract with the local unit of government involved. The contract shall specify the terms of state and local cooperation, including financial arrangement for construction and an agreement on maintenance of the structure after completion.

Subdivision 2. Permits.

Before grant money is spent on construction of the structure, permits required for construction must be obtained from state agencies. HIST: 1990 c 391 art 6 s 22

103F.185 ~ INTERSTATE COOPERATION.

The Board of Water and Soil Resources and the staff engineer may enter into a working agreement with the South Dakota-Minnesota boundary waters commission, or successor organization, in regard to flood retention and retarding structures, constructed pursuant to sections 103F.171 to 103F.187 that involve territory of the state of South Dakota as well as this state. HIST: 1990 c 391 art 6 s 23

103F.187 ~ REPORT TO LEGISLATURE.

When the project has been in operation for a period of two years, the Board of Water and Soil Resources and the staff engineers shall prepare and deliver a report to the legislature on the program and its consequences with an evaluation of the feasibility and benefit of continuing the project. HIST: 1990 c 391 art 6 s 24.