8.3 Minor Amendments to Capital Improvements

Amendments to the approved capital improvement program may be considered to be minor plan amendments if the following conditions set forth in Minnesota Rules 8410.0140, Subp. 3 are met:

  1. The original plan set forth the capital improvements but not to the degree needed to meet the definition of “capital improvement program” as provided in Minnesota Statutes, section 103B.205, subdivision 3; and
  2. The affected county or counties have approved the capital improvement in its revised, more detailed form.

The following examples of other minor plan amendments are given in Minnesota Rules 8410.0020, Subp. 10:

“...recodification of the plan, revision of a procedure meant to streamline administration of the plan, clarification of the intent of a policy, the inclusion of additional data not requiring interpretation, or any other action that will not adversely affect a local unit of government or diminish a water management organization's ability to achieve its plan's goals or implementation program.”

In addition, a minor plan amendment will be required for the following situation:

  1. When the MCWD initiates a capital project listed in its approved Capital Improvement Program and the updated cost estimate is greater than 120 percent or less than 80 percent of the annually adjusted project cost.

Neither a minor nor a general plan amendment will be required for the following situations:

  1. If projects listed in the approved CIP are implemented at a different time than shown.
  2. When the MCWD initiates a capital project listed in its approved Capital Improvement Program and the estimated project costs are within 20 percent of the annually adjusted project cost.