Watershed districts can amend and/or extend their current watershed management plan. Minnesota Statutes, subdivision 103D.401, subdivision 7 describes the process for amendments and defines changes that do not require an amendment. The following information describes the process for amending and/or extending watershed management plans (plans).
- Amendments
There are two options for watershed management plan amendments: regular amendment and minor amendment. See BWSR's Plan Amendments Overview guidance document for more information about different amendment types.
The first three steps apply to both, but the process differs once the draft amendment is ready for review.
The process below consists of both required and recommended steps for amending watershed management plans. The required steps are indicated with the statutory reference. Statute also defines certain changes that do not require an amendment, which are covered at the end of this section.
All Amendment Types
Step 1. Consult
The watershed district (WD) consults with the Board of Water and Soil Resources (BWSR) board conservationist (BC) to review the water plan amendment process. The WD determines the extent of the amendment, considers which review process (minor or regular) to pursue and the estimates the level of effort needed. The WD estimates a due date for amendment completion and works backward to develop an internal timeline.
Discuss the participants who will be involved with the amendment review and the level of involvement, which depends on the nature of the amendment. Suggested participants are BWSR, MN Department of Natural Resources (DNR), MN Pollution Control Agency (MPCA), MM Department of Health (MDH), MN Department of Agriculture (MDA), MN Department of Transportation (MnDOT), any county, city, and soil and water conservation district (SWCD) affected by the WD, Tribal Governments, and any regional development commission(s). The WD's standing advisory committee (Minnesota Statutes, section 103D.331) can also provide input into the amendment content or the WD may form separate advisory committee(s) specifically for the amendment process.
Although not required, it may be beneficial for the WC to obtain feedback from potentially interested and affected parties throughout the process in order to avoid issues arising in the review process.
Step 2. Self-Assessment
The WD performs a self-assessment to evaluate their progress on the current plan. This should include a review of Performance Review and Assistance Program (PRAP) reports and other related information.
The WD reviews current plan sections and develops a list of sections to amend, noting areas where information is missing or out of date. The WD also reviews relevant reports such as watershed restoration and protection strategies reports and groundwater restoration and protection strategies for possible inclusion of information into the plan.
Step 3. Develop proposed amendment
The WD develops the proposed amendment. BWSR recommends tracking changes in draft amendments by showing deleted text as stricken and new text as underlined, or in the case of larger changes, by providing replacement pages.
Regular Amendment (R. A.)
Step 4 (R. A.) Formal review (Minnesota Statues, section 103D.401, subdivision 2)
The WD sends a copy of the proposed amendment for a 60-day review and comment period to the following required entities: BWSR, DNR, any county (auditor), city (governing body), and Soil and Water Conservation District affected by the WD. Other recommended review agencies include: MDH, MDA, MPCA, MnDOT, and Tribal Governments.
The WD responds in writing to all comments at least 10 days before the public hearing.
Step 5 (R. A.) Public notice / hearing (Minnesota Statues, section 103D.401, subdivision 4)
The WD gives notice and holds a hearing on the proposed amendment no later than 60 days after the close of the 60-day review and comment period. Notice must be given by publication in a legal newspaper that is published in counties affected by the WD (last publication at least 10 days before the hearing) and by mail to counties (auditors) and cities (chief executive officials) affected by the WD.
See Minnesota Statutes, section 103D.401, subdivision 4(d) for additional notice requirements.
Step 6 (R. A.) Incorporate comments into draft amendment
The WD incorporates comments received during formal review and public hearing into a subsequent amendment, if necessary. The WD board approves submitting amendment to BWSR for final review.
Step 7 (R. A.) Submit amendment (Minnesota Statues, section 103D.401, subdivision 5)
The WD submits the draft amendment, any amendments to the draft amendment, all written comments received on the draft amendment, a record of the public hearing, and a summary of changes incorporated as a result of the review process to BWSR for final review.
BWSR completes its review within 90 days and, by order, approves, disapproves, or approves with conditions the WD’s amended watershed management plan. The review process includes BWSR staff review and recommendation to a regional BWSR committee where the amendment is presented to the committee by representatives of the WD. The regional BWSR committee makes a recommendation to the BWSR Board where the final decision is made.
The WD may seek reconsideration of BWSR’s decision within 60 days of receiving the decision by filing an appeal with BWSR’s dispute resolution committee.
Minor Amendment (M. A.)
Step 4 (M. A.) (Minnesota Statues, section 103D.401, subdivisions 7(a) (1-3))
The WD sends a copy of the proposed amendment for a 30-day review and comment period to the following required entities: BWSR, DNR, any county (auditor), city (governing body), and SWCD affected by the WD. Other recommended review agencies include: MDH, MDA, MPCA, MnDOT, and tribal governments. The WD must indicate that the minor amendment procedure is being followed and direct comments be sent to both the WD and BWSR.
In order to proceed with the minor amendment procedure, BWSR must agree that the amendment is minor or fail to act within 5 working days of the end of the comment period, unless an extension is mutually agreed upon between the WD and BWSR. Further, if any county board files an objection with the WD within the comment period, unless an extension is mutually agreed upon between the WD and the county, the WD must follow the regular amendment procedure.
Step 5 (M. A.) Public notice/meeting (Minnesota Statues, section 103D.401, subdivisions 7(a)(4))
The WD gives notice and holds a public meeting to explain the proposed amendment. Legal notice of the meeting must be published twice, at least 7 days and 14 days before the date of the meeting.
Amendment Not Required (Minnesota Statues, section 103D.401, subdivisions 7(b))
The changes to a plan listed below do not require an amendment, but must be distributed to BWSR, DNR, any county (board), city (governing body), and SWCD affected by the WD. BWSR recommends also distributing to other individuals and entities involved in the planning process.
- Formatting or reorganizing the plan
- Revising a procedure meant to streamline administration of the plan
- Clarifying existing plan goals or policies
- Including additional data not requiring interpretation
- Expanding a public process
- Adjusting how a watershed district carries out program activities within the district's discretion
- Extensions
Extensions may be requested for participation in and use of information from a WRAPS and/or One Watershed, One Plan process. All requests for extensions to a water plan must be initiated by petition to BWSR. The extensions may be granted as requested, or BWSR may condition the extension approval with a requirement for a subsequent amendment to address new data and information that may substantially change implementation of the water plan. The petition may be submitted electronically. The steps to request an extension are below.
WD consults with the BWSR Board Conservationist regarding the proposed extension. WD submits a petition to the BWSR Board Conservationist communicating their request for an extension to their water plan. The petition to extend the water plan may be in the form of a letter or memo to the BWSR Board Conservationist. The petition should contain: background on the water plan, the purpose(s) for the extension petition, and a copy of the signed resolution attached to the extension petition.
BWSR Board Conservationist consults with the BWSR Regional Manager, other BWSR staff and board members. BWSR Board Conservationist will submit the extension petition to:
The BWSR regional committee for recommendation, and to the BWSR Board for a decision via a Board Order, processed within 90 days (traditional amendment approval process).
BWSR sends WD official notice of BWSR Board decision on the extension petition.