Agenda - Council - 05/31/1983 - Laserfiche WebLink

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Off lc e of ....... ANOKA COUNTY.,4 TTORNEY. . ROBERT M.A, dOttNSON I I I I I .I I I I i I I Courthouse- Anoka, Minnesota 55303 May 12, 1983 MEMO TO: FROM: Jay McLinden County Administrator Thomas G. Haluska Assistant County Attorney The Options Available Under the Law for the Formation of Watershed Management Organizations You have requested an opinion of this office regarding the available options to the County as well as to the various municipalities for the formation of watershed management organizations. In 1982, the Minnesota Legislature passed a Surface Water Management Act requiring storm water planning and management for the seven county metropolitan' area. This law was codified in Minn. Stat. S473.875 through S473.883. The law establishes' basic management organization and planning requirements and a process to'be used in surface water management in the metropolitan area. It requires a watershed management plan for all minor watershed.units located at least 90% within the metropolitan area. The law allows for the formation of a watershed management organization which would act as a lead agency for watershed planning with the authority to. prepare and adopt the watershed plan, to review and approve local watershed plans, to regulate the use and development of land when the local unit of government does not have a plan or fails to implement the plan and when a variance is requested from the local plan. It further gives the water management organ- ization the authority to tax for the cost of the plan as well as for-any capital improvements required and for maintenance. The Surface Water Management Act gives the municipalities until December 31, 1983 the option of forming watershed management organizations to undertake the required planning. The municipalities have two options to pursue. They could form the watershed management organization through a joint powers agreement ok they can petition for the formation of a watershed district under Chapter 112 of Minnesota Statutes. If neither of these options are pursued by the municipalities by December 31, 1983, the law provides that the county shall provide for the planning and the implementation of the Surface Water Management Act. 612-421-4 760 I