Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Requirement.
Each local water plan must, at a minimum, meet the
requirements for local water management plans in Minnesota Statutes, section
103B.235,
and this part, except as provided by the watershed management organization plan
under part 8410.0105, subpart 9.
Subp. 2.
Local
comprehensive plan.
Each local government unit must include the local water plan
as a chapter of its local comprehensive plan. All local comprehensive plans
must be consistent with local water plans adopted under this
part.
Subp. 3.
Plan
contents.
Each local water plan, in the degree of detail required in
the organization plan, must contain the following:
A. an executive summary that summarizes the
highlights of the local water plan;
B. appropriate water resource
management-related agreements that have been entered into by the local
community must be summarized, including joint powers agreements related to
water management that the local government unit may be party to between itself
and watershed management organizations, adjoining communities, or private
parties;
C. the existing and
proposed physical environment and land use must be described. Drainage areas
and the volumes, rates, and paths of storm water runoff must be defined. Data
may be incorporated by reference as allowed under parts
8410.0060 and
8410.0105, subpart 9, or the local
comprehensive plan;
D. an
assessment of existing or potential water resource-related problems must be
summarized. The problem assessment must be completed for only those areas
within the corporate limits of the local government unit and similar to the
process under part 8410.0045,
subpart 7; and
E. a local
implementation program through the year the local water plan extends must
describe nonstructural, programmatic, and structural solutions to problems
identified in item D. The program must not jeopardize achievement of the goals
of an organizations plan. The implementation components must be prioritized
consistent with the principles of part
8410.0045, subpart
1, item A. Local water plans
must prioritize the implementation components of an organization plan
consistent with the organization priorities set forth under part
8410.0105 only for implementation
components that must be facilitated by the local government unit. Local
official controls must be enacted within six months of approval of the local
water plan by the organization. The program shall:
(1) include areas and elevations for storm
water storage adequate to meet performance standards or official controls
established in the organization plan;
(2) define water quality protection methods
adequate to meet performance standards or official controls in the organization
plan and identify regulated areas;
(3) clearly define the responsibilities of
the local government unit from that of an organization for carrying out the
implementation components;
(4)
describe official controls and any changes to official controls relative to
requirements of the organizations plan;
(5) include a table that briefly describes
each component of the implementation program and clearly details the schedule,
estimated cost, and funding sources for each component including annual budget
totals; and
(6) include a table for
a capital improvement program that sets forth, by year, details of each
contemplated capital improvement that includes the schedule, estimated cost,
and funding source.
Subp.
4.
Amendment procedures.
A section entitled "Amendments to Plan" must establish the
process by which amendments may be made. The amendment procedure shall conform
with the plan amendment procedures in the organization plans that affect the
community.
Subp. 5.
Submittal and review.
After consideration and before adoption, the local water plan
or local water plan amendments shall be submitted for review according to
Minnesota Statutes, section
103B.235.
Subp. 6.
Adoption and
implementation.
Each local water plan shall be adopted not more than two
years before the local comprehensive plan is due. Extensions of local
comprehensive plan due dates do not alter the local water plan schedule. Each
local water plan must be adopted and implemented in accordance with the time
requirements of Minnesota Statutes, section
103B.235,
subdivision 4. Each local government unit must notify watershed management
organizations with jurisdiction over area subject to the local water plan and
the Metropolitan Council within 30 days of adoption and implementation of the
local water plan or local water plan amendment, including the adoption of
necessary official controls.
Statutory Authority: MS s
103B.101;
103B.211;
103B.227;
103B.231;
103B.235;
103B.239
