Minnesota Statutes, section 103D.401 requires watershed districts to adopt and maintain a watershed management plan to exercise the powers and fulfill the purposes for which they were created.* Minnesota Statutes, section 103D.405 requires watershed districts to revised watershed management plans at least once every ten years. The following information describes the process for developing and revising watershed management plans (plans).
The development and revision process is comprised of four major phases: initiate, draft, review and adopt. Each phase contains several steps. Statute references are indicated for the required steps below. Although additional recommended steps are not required, including them can build a more robust and thorough process.
- Phase 1: Initiate the development/revision process
Step 1. Resolution to develop/revise
The watershed district (WD) consults with the Board of Water and Soil Resources (BWSR) board conservationist to review the plan development/revision process. Prepare to start the process approximately 18-24 months prior to the end date of the current plan to allow adequate time to gather input, write/revise the plan, and meet the review timelines. Set a due date for plan completion and work backward to develop an internal timeline.
The WD board passes a resolution to develop / revise the plan (contact the BC for a template resolution).
Step 2. Advisory committee(s) Minnesota Statues, section 103D.331
Engage advisory committee(s) in the development/revision process. This may be the standing WD advisory committee or one or more separate committee(s) formed specifically for the planning process. The purpose of the committee(s) is to make recommendations to the WD board on plan content and plan implementation. Committees are most beneficial when their input is solicited and integrated regularly throughout the development/revision process.
Depending on the size and scope, more than one advisory committee may be beneficial. Consider multiple advisory committees when the watershed district is large enough to justify regional committees, and/or specialized enough to split into specialty areas such as a separate citizen (CAC) and technical (TAC) advisory subcommittees.
Step 3. Notify
The WD sends notice of the initiation of plan development/revision, requesting input on any existing water and related land resources plans and official controls and any conflicts, problems or opportunities that entities want examined and addressed in the watershed management plan. BWSR recommends notifying the following entities: 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). BWSR recommends that the WD send the notice within 30 days after adopting the resolution to plan and allow for 60 days to respond.
Step 4. Public input
The WD develops a public input process. At least one public input meeting is recommended. However, multiple public meetings may be beneficial to explain the planning process, the goals of the plan, and to solicit meaningful input. Watershed plans developed with broad citizen participation can help create support for day-to-day plan implementation and expenditures and help guide annual activities. Citizen surveys and workshops with interest groups can be additional means to gather public input.
Step 5. Initial planning meeting
The WD hosts initial planning meeting(s) to receive, review and discuss public input. BWSR recommends conducting this meeting within 90 days of resolution to plan. At the initial planning meeting, the WD should discuss the planning process, issues identified during the initial 60-day comment period, potential goals and priorities, and discuss public input opportunities.
Step 6. Assessment and data review
For plan revisions, the WD performs self-assessment, gap analysis, and/or needs assessment to evaluate progress on current plan.
The WD also identifies and considers all resource inventories, relevant plans and programs, including watershed restoration and protection strategies reports and groundwater restoration and protection strategies reports.
Step 7. Identify priority issues
The WD advisory committee(s) and board identify and prioritize issues after assessing available information including input from the public, and local and state government; as well as the resource inventory.
- Phase 2: Draft the plan
Step 8. Create an outline/draft plan (Minnesota Statues, section 103D.401, subdivision 1; Minnesota Statues, section 103D.405, subdivision 1)
The WD develops the first draft of plan/revised plan. BWSR recommends starting by creating an outline of main sections of the plan for new plans. For revisions, BWSR recommends developing a list of sections to revise and note areas where information is missing or out of date.
It may be beneficial to use an iterative process and gather feedback on sections of the plan as they are drafted instead of waiting until the full plan is drafted to gather feedback.
See Minnesota Statutes section Minnesota Statutes, section 103D.405, subdivision 1 for required plan content for first generation watershed management plans and Minnesota Statues, section 103D.405, subdivision 1 for required plan contents for revised watershed management plans.
Step 9. Informal review and draft revision
The WD conducts an informal review to gather feedback on the first draft plan from local and state government units, the advisory committee(s) and other means of public participation. The WD edits the draft plan according to informal review and WD board and advisory committee(s) discussions. The WD board approves submitting a draft plan for formal review.
- Phase 3: Formal Review and Approval
Step 10. Sixty-day formal review (Minnesota Statutes, section 103D.401, subdivision 2)
The WD sends a copy of the proposed plan with a request for comments within 60 days to the following required entities: BWSR, DNR, any county (auditor), city (governing body), and SWCD affected by the watershed district. Other recommended review agencies include: MDH, MDA, MPCA, MnDOT, and Tribal Governments. The WD responds in writing to all comments at least ten days before the public hearing.
Step 11. Public notice/hearing (Minnesota Statutes, section 103D.401, subdivision 4)
The WD gives notice and holds a hearing on the proposed plan no later than 60 days after the close of the 60-day review and comment period. The WD must give notice 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 the 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 12. Amend draft plan
The WD amends the draft plan based on comments received during formal review and public hearing, if necessary. The WD board approves submitting the plan to BWSR for final review.
Step 13. Submit plan (Minnesota Statutes, section 103D.401, subdivision 5)
The WD submits the draft plan, any amendments to the draft plan, all written comments received on the draft plan, a record of the public hearing, and a summary of changes incorporated as a result of the review process to BWSR for review.
BWSR reviews the plan within 90 days, and by order, approves, disapproves, or approves with conditions the WDs watershed management plan. The review process includes BWSR staff review and recommendation to a regional BWSR committee where the plan 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 decision within 60 days of receiving the decision by filing an appeal with BWSR's dispute resolution committee.
- Phase 4: Adopt and Distribute the Plan
Step 14. Adopt and distribute (Minnesota Statutes, section 103D.401, subdivision 6)
The WD board adopts the final plan in compliance with BWSR's order within 120 days of the order.
The WD sends a copy of the order and approved watershed management plan 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.
*Watershed Districts may substitute a comprehensive watershed management plan developed under Minnesota Statutes 103B.801 (One Watershed, One Plan) for a watershed management plan (Minnesota Statutes 103B.101 subd. 14.