1985 Food Security Act
The Food Security Act of 1985 established provisions for the drainage of wetlands on agricultural lands and the designation of highly erodible lands.
[ 16 USC 3801 ]
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BWSR Cost Share Program
To protect and improve water quality by controlling soil erosion and reducing sedimentation.
The 1977 Legislature unanimously approved the state Cost Share Program. The program received approximately $1.5 million annually until 1993, when the Legislature increased the amount to $2.1 million annually, with about $500,000 targeted specifically at the Minnesota River Basin. About 15 percent of the remaining $1.6 million is reserved for the Special Projects Program.
[ Minnesota Statutes 103C.501; Minnesota Rules 8400.0050 to 8400.1800 ]
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Canada Water Act, 1970
Provides for inventory and characterization of "waters of national interest".
Provides for research and development of plans for efficient conservation, development, and utilization of waters.
Creates Canada's hydrometric network.
[ http://www.justice.gc.ca/en/jl/index.html#bijuralism ]
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Canadian Environmental Assessment Act, 1992
The Canadian Environmental Assessment Act (CEAA) is the legal basis for the federal environmental assessment process. CEAA defines the responsibilities and procedures for environmental assessments of projects that involve the federal government. CEAA comes into effect when a federal department or agency: proposes a project; sells, leases or otherwise transfers control or administration of land to enable a project; contributes money or other form of financial assistance to a project; exercises a regulatory duty in relation to a project listed in the Law List Regulations (eg. permit or license)
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Canadian Environmental Protection Act, 1985
[ http://www.justice.gc.ca/en/jl/index.html#bijuralism ]
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City of Winnipeg Act
Designates regulated areas and permit system, and designates floodproofing requirements.
[ Designated Floodway Fringe Area Regulation SM.1989-90 c. 10
- Establishes designated floodway area and floodway fringe within the city.
- Specifies floodproofing criteria.
- Specifies dike specifications. ]
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Clean Water Act (CWA)
Authorizes discharge limits and water quality standards used in National Pollutant Discharge Elimination
System (NPDES) permits. CWA amendments (1987) allowed USEPA to develop storm water regulations under NPDES permit regulations (40 CFR 122). Wisconsin and Minnesota have been granted delegated authority for storm water permits under their NPDES programs.
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Coastal Zone Management Act of 1972
Intended to protect coastal zones
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Conservation Districts Act
Enables and guides formation of conservation districts in Manitoba.
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County Planning, Development, Zoning
Allows "conditional use" zoning upon finding that (1) certain conditions as detailed in the zoning ordinance exist,; (2) the use or development conforms to the comprehensive land use plan of the county; and (3) is compatible with the existing neighborhood.
[ Minnesota Statutes Chapter 394.22 Subdivision 7 ]
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County Zoning
This chapter relates to county zoning, specifically to the power of county commissioners to designate districts. The Board of county commissioners may resolve to divide all or any parts of the county and may "enact suitable regulations to carry out the purposes of this chapter". Two lines of this section are of particular note:
These regulations shall be uniform in each district, but the regulations in one district may differ from those in other districts. No regulation or restriction, however, shall prohibit or prevent the use of land or buildings for farming or any of the normal incidents of farming.
[ North Dakota Century Code Chapter 11-33-02 ]
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Dangerous Goods Handling and Transporation Act
Specifies safe storage of hazardous materials in a floodplain.
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Drainage
The drainage of agricultural lands are primarily regulated through Minnesota's drainage statute.
[ Minnesota Statutes 103E ]
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Dyking Authority Act
Establishes a Diking Commissioner, and ensures that primary diking system is maintained intact.
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Emergencies Act, RSC, 1985, c.22
Empowers federal government, after consultation with province involved, to declare a national emergency and to take temporary measures to ensure safety and security.
Defined emergencies:
- Public Welfare (floods, ice storms, etc. beyond ability of provinces to handle)
- Public Order (national security)
- International (national security: external forces)
- War
Powers:
- Direction of police
- Issuance of special orders/regulations
- Evacuation of people
- Distribution of emergency supplies
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Emergency Measures Act, 1987
Guides all emergency preparedness and response, establishes authority and powers.
Calls for local govenments to establish their own plans.
Participating Agencies:
Manitoba Emergency Management Organization (MEMO) distributes money to flood victims through cost shared program with federal Disaster Financial Assistance Agreements.
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Emergency Preparedness Act, RSC, 1985, c. 6
Provides for development and implementation of civil emergency plans in Canada. Outlines use of Canadian Armed Forces in emergencies.
Establishes Emergency Preparedness Canada to coordinate federal planning and response in the event of a provincial emergency.
Allows for development of agreements between federal and provincial government civil emergency plans.
Participating agencies:
1) Emergency Preparedness Canada (EPC)
- Administers national emergency preparedness
- Cooperates with provincial emergency agencies, provides assistance
2) Prairie Regional Emergency Advisory Committee (PREMAC)
- Provides for international cooperation across agencies
3) Prairie Farm Rehabilitation Administration (PFRA)
- Administers federal funds spent on improving dikes and flood control (implementation decisions made by province
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Environment Act
Empowers Manitoba Environment Department to issue permits for waste discharges. Specifically, permits can require flood protection for sewage or manure lagoons.
[ Livestock Waste Regulation 42/98
- States that livestock manure storage facilities within 100 year flood elevation are prohibited without adequate flood protection. ]
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Executive Order 11988, Floodplain Management
Required floodplain evaluations
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Executive Order 11990, Protection of Wetlands
Authorizes the Corps of Engineers and USEPA (Section 404) to evaluate and make decisions concerning wetland impacts.
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Fisheries Act
The purpose of the Fisheries Act is to manage and protect Canada's fisheries resources, and applies to all fishing zones, territorial seas, and inland waters of Canada. The Fisheries Act supercedes provincial legislation. The Act is administered by the Department of Fisheries and Oceans, which has released its "Policy for the Management of Fish Habitat". This document outlines DFO's policies, objectives, goals, and strategies for administering the habitat protections provisions of the Fisheries Act. The overall policy is to obtain a net gain in the productive capacity of fish habitat.
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Flood Control Act of 1936
The U.S. Army Corps of Engineers operates under federal jurisdiction (as delegated by The Flood Control Act of 1936) but has no mandate or authority in the floodplain. Although they have no policies that directly control development within floodplains, the Corps are called in to plan and design flood protection works as well as identiy technical needs around flood-related issues. Working from designated floodway/floodplain maps generated by FEMA, the Corps may use the 100-year flood as the design level. Data from the 1997 flood are currently being used to update the elevations of both the 100 year and 500 year flood events.
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Floodplain Management
This Act proposes a number of important legislative changes that will directly affect floodplain management practices in the state. They are:
An increase of one floot in the elevation to which structures must be built on the flood fringe.
Plans for development in subdivisions in counties are to show portions of land located on the 100-year floodplain.
The State Engineer would have added authority to review proposed floodway development, and
The State Engineer would be able to establish a base flood elevation for lakes.
[ Floodplain Management Act of 1999 ]
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Floodplain Management Act
Enacted in 1969 the Act emphasizes the use of nonstructural measures, such as floodplain zoning regulations, flood insurance, floodproofing, and flood warning and response planning as integral elements in a comprehensive approach to solving flooding problems. Flood prone communities within identifed floodplain areas are required to adopt floodplain management regulations and enroll in the National Flood Insurance Program. In 1987 The Flood Plain Management Act was amended to establish a cost-sharing program to help local governments plan for and implement flood hazard mitigation measures. In 1997, there were a series of Special Session Ammendments within the Minnesota Legislature related to various policy items, freeboard requirements and flood damage reduction measures.
[ Minnesota Statutes Chapter 103F ]
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Groundwater Protection
Protection of groundwater resources are regulated by this statute.
[ Minnesota Statute 103H ]
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International River Improvements Act, 1970
[ http://www.justice.gc.ca/en/jl/index.html#bijuralism ]
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Local Water Resources Protection and Management
The Comprehensive Local Water Planning Program includes Minnesota's 80 nonmetropolitan area counties. This voluntary program requires counties to use local task forces to develop and implement water plans based on local priorities.
[ Minnesota Statutes 103B.3361 ]
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Metropolitan Groundwater Management Act
The Metropolitan Groundwater Management Act applies to the seven-county metro area. The LWRRMP provides funding to counties to develop groundwater plans uder this voluntary act, approved in 1985. Six of the seven counties participate.
[ Minnesota Statutes 103B.255; no rules. Comprehensive Local Water Planning Act; Minnesota Statutes 103B.301; Minnesota Rules 9300. ]
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Metropolitan Surface Water Management Act
The Metropolitan Surface Water Management Act applies to watershed management organizations (WMOs) wholly or substantially in the seven-county metropolitan area. This act, approved in 1982, mandates that WMOs develop and implement watershed-based surface water management plans. WMOs may be joint powers organizations or watershed districts. WMO boundaries are based as closely as possible on natural watershed boundaries.
[ Minnesota Statutes 103B.201; Minnesota Rules 8410 ]
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Municipal Planning Act
Allows the governing body discretionary authority to designate certain types of development conditional uses by ordinance. The State floodplain management program requires that certain categories of activities in floodplains be allowed only after the granting of a conditional use permit.
The following activities require a conditional use permit:
a) Flood Fringe District - floodproofing a structure in lieu of elevating a building on fill to the RFPE; and
b) Floodway District - fill, storage of materials and equipment and structures accessory to certain specific open space uses;
c) General Floodplain District - any activity that requires fill, obstructions, structures or storage of materials and equipment.
As a prerequisite to adoption of land use controls, a board of adjustment must be established to resolve land use control appeals and variances.
Until the township ordinance is approved by the Department of Natural Resources and FEMA, the county continues to be responsible for administration and enforcement for shoreland, floodplain and wild and scenic river zoning activities in its unincorporated areas
[ Minnesota Statutes Chapter 462 ]
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Protection of Water Resources
Modifications of Waters of the State, including the course current and cross section of rivers and lakes, and development activities within the floodplain are covered by this Statute
[ Minnesota Statute 103F ]
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Reinvest in Minnesota Reserve Program
To protect water quality, reduce soil erosion, and enhance fish and wildlife habitat by acquiring conservation easements on environmentally sensitive lands.
The RIM Reserve Program is not truly a grant program in the same sense that many other BWSR programs are grant programs. RIM Reserve Program funding is primarily devoted to direct payments to landowners for conservation easement acquisition. Soil and water conservation districts, which administer the program locally, receive funding for the administrative and technical support that they provide.
[ Minnesota Statute 103.501 ]
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Rural Abandoned Mine Program
The Rural Abandoned Mine Program is authorized by Section 406 of the Surface Mining Control and Reclamation Act of 1077 as ammended by the Abandoned Mine Reclamation Act of 1991 under the Budget Reconciliation Act.
[ Public Law 101-508 ]
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Section 10 Rivers and Harbors Act
Allows the U.S. Army Corps of Engineers the authority to regulate the placement of structures in navigable waterways
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Special Projects Program
To give soil and water conservation districts (SWCDs) the opportunity to fund unique or innovative approaches to water quality or erosion control projects.
The Special Projects Program is funded by reserving about 15 percent of the funding allocated to the Cost-Share Program after subtracting the Cost Share funding targeted at the Minnesota River. This amount generally ends up to be about $240,000 annually, or 15 percent of $1.6 million. In addition, any rollover funds--funds that are not used and are returned to the BWSR--go towards Special Projects. SWCDs apply competitively to the BWSR for these funds
[ Minnesota Rules 8400.0010 subd. 22a; Minnesota Rules 8400.0600 subd. 4 ]
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Stafford Act
Responsibility and authorization for floodplain management is designated with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) P.L. 100-707 (U.S.C. 5170). The Act authorizes programs for predisaster mitigation, streamlines administration of disaster relief, and controls the Federal costs of disaster assistance. This statute gives the Federal Emergency Managerment Agency (FEMA) the jurisdicational responsibility for floodplain management at the federal level. A recent requirment under the Act is that for every dollar spent by FEMA on flood recovery, $0.15 must be spent on mitigation -- the federal government must provide the money.
[ U.S.C. 5170 ]
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State Building Code of Minnesota
The State Building Code adopts the U.S. Army Corps of Engineers' "Floodproofing Regulations" and requires all new structures and their mechanical systems in the area subject to the code to meet minimum building standards.
[ Minnesota Statutes Chapter 1335 ]
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State Building Code of North Dakota
The State Building Code embodies in North Dakota Century Code Chapter 54-21.3-03 outlines the parameters for construction of structures within the state. Of special note is the third point of this section which reads:
The governing body of a city, township, or county that elects to administer and enforce a building code shall adopt and enforce the state building code.
[ North Dakota Century Code Chapter 54-21.3-0 ]
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The Planning Act, C.C.S.M. c.P80
Empowers provincial government to control planning and development by controlling subdivision of land and providing planning guidance to local governments
[ Provincial Land Use Policies Regulation 184/94
- Provides guidance to local governments for local land use plans.
- Encourages planning to minimize damages in flood prone areas and to maintain natural capability of waterways to handle flood flows. Restricts development that could reduce benefits of flood control works.
- Lands subject to 100 year floods should be maintained as natural or developed for low intensity uses such as grazing or recreation. ]
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Township Zoning
The powers invested in the township are discussed in this part of the statute. Specifically, this chapter establishes the scope of zoning regulations and restrictions. The board of township supervisors is given the authority to:
"establish one or more zoning districts and may regulate, and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures - the desity of population, the location and use of buildings, structures, and land for trade, industry, residence, or other purposes."
Like the section on county zoning, this segment includes direction that the regulations need to be uniform in each district, but they may differ between districts. Similarly, the regulations may not prohibit or prevent the use of land or buildings for farming or any of the normal incidents of farming
[ North Dakota Century Code Chapter 58-03-11 ]
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Water Planning and Project Implementation
Water planning efforts within the State of Minnesota are regulated and directed by this statute.
[ Minnesota Statutes 103B ]
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Water Policy and Information
Significant policies related are established within this portion of Minnesota Statutes. These policies are related to wetlands, hydropower, groundwater management, water conservation, and the protection of unique resources.
[ MS 103A ]
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Water Resources Administration Act C.C.S.M. c. W70
Adminstered by Water Resources Branch (WRB) of Natural Resources Department.
Establishes WRB as lead agency in water resources information and management.
Establishes authority to set requirements and license water control works.
Relieves municipalities of responsibility of managing waterways.
Defines use prohibitions within designated flood areas.
Authorizes evacuation orders if diked area floods.
[ Establishment of Designated Diking System Regulation 24/88
- Establishes "designated diking sytems" around a number of communities, and makes dikes the responsibility of the province.
Designated Flood Area Regulation (draft as of September 1998-need to check on status)
- Establishes a designated flood area in the Red River Valley, and proposed new flood protection levels.
- Establishes new building permit and floodproofing procedures.
- Designates inspectors. ]
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Water Rights Act
Specifies regulatory approval requirements for any diversion works.
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Water Section of the North Dakota Century Code
The State Water Commission is responsible for implementing the majority of the statutues related to water law, within North Dakota. Section 61 of the North Dakota Century Code contains the statutes which are the responsibility of the State Water Commission.
The Water Commission also establishes water policy for the State of North Dakota, through their water planning process by virtue of the North Dakota Century Code Sections 61-01-26 and 61-02-14. The sections require the completion of a State Water Management Plan. Additionally, it reinforces the framework for implementation of the current water management plan and water development program per the 55th North Dakota Legislative Assemble, Session Law, Chapter 25, Section 9.
The various programs and policies can be found on the web at www.scw.state.nd.us/html/legal.html.
[ North Dakota Century Code Sections 61-01-26 and 61-02-14 ]
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Water Services Board Act, 1972
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Waters of the State
Legislative authority to inventory Waters of the State, drain public waters, permit dams, regulate water levels, permit hydropower and determine water appropriations are regulated under this Statute.
[ Minnesota Statute 103G ]
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Watershed and Flood Prevention Act, P.L. 83-566
The Natural Resources Conservation service operates a number of programs directed toward watershed management, flood prevention, fish and wildlife habitat enhancement and wetlands creation or restoration. These programs include the Small Watershed Program and the Flood Prevention Program, the Wetlands Reserve Program and the Mergency Watershed Protection Program
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Watershed Law
Enables the designation of Watershed Districts, which have local taxing, permitting and enforcement authority.
Anyone within a District wanting to drain an area larger than 5 acres needs a permit from the District.
Forming a Watershed District is voluntary, and there are nine in the state, ranging in area from 500 to 6000 square miles. Not all of the tributaries of the Red in Minnesota are covered by a District.
[ Minnesota Statues 103D ]
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Wetland Conservation Act
The Wetland Conservation Act was passed in 1991 as a state initiated effort to regulate the loss of wetlands. The act essentially uses an umbrella approach, regulating actions generally not covered by other State or federal programs.
[ Minnesota Statutes 103F.901 ]
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Wild and Scenic Rivers Act
Designates and preserves wild and scenic rivers
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