Agenda - Council - 06/27/2000 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I plan components outlined for organization plans under part 8410.0130. Official local controls must be enacted within six months of adoption of the local plan. Subpart 11. Amendment Procedures. Each local plan must contain a section entitled "Amendments to Plan" containing the year the plan extends to and establishes the process by which amendments may be made. The amendment procedure shall conform with the plan amendment procedure outlined in the organization plans that affect the community. Local plan amendments must be forwarded to each organization affected by the local plan amendment for review and approval before adoption. Subpart 12. Submittal and Review. After consideration and before adoption, the local plan shall be submitted to all affected organizations for review according to Minnesota Statutes, Section 103B.235. Each local unit of government must also notify affected organizations within 30 days of adoption and implementation of the plan, including the adoption of necessary official controls. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 FIIST: 17 SR 146 8410.0180 - Determinations of Failure to Implement Subpart 1. Applicability. This part applies when a plan is not being implemented for a watershed either because no watershed management organization exists, because the organization has not adopted an approved plan, or because the approved plan is not being carried out. Subpart 2. Establishing Cause. Before the board's involvement in determination of whether a plan is being properly implemented, the board shall first establish just cause for the determination by review of a written complaint from an aggrieved party or through conclusions arrived at by board staff under the review of an organization's annual report. A complaint or appeal made by an aggrieved party under Minnesota Statutes, Section 103B.231, subdivision 13, must be made in writing to the executive director of the board and must summarize the issues at dispute and the efforts the party made to resolve the problem. Subpart 3. Board Staff Responsibilities. A. Board staff may investigate issues relating to alleged failure to implement plans primarily by response from written complaint from an aggrieved party or by review of the organization's annual report. Within 30 days of receiving a written complaint, board staff are required to initiate a preliminary investigation of the facts as they appear based on personal observation, review of all relevant documents, and discussions with involved parties. The results of this preliminary investigation shall be reviewed with the executive director, and the board's legal counsel if appropriate, before preparation of a report. The report shall ascertain whether a failure to implement exists, define the exact nature of the failure to implement, and recommend a course of action. On completion of a report regarding a complaint or review of an annual report, the staff shall send a copy of its report by certified mail to the organization members of record to set a time and place for a meeting agreeable to all parties to informally discuss the 225