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Minnesota Statutes 2005, 103I.111 <br />subd. 2a. Fees. Aboard of health under a d elegation <br />agreement with the commissio ner may ch arge permit and <br />notification fees, including a fee for well sealing, in excess <br />of the fe es specifi ed in sec tion 1031.208 if the fe es do not <br />exceed the total di rect and indirect costs to ad minister the <br />delegated duties. <br />subd. 2b. ordinance authority. A politi cal <br />subdivisi on may ado pt ordina nces to enforce and administer <br />powers and duties delegated under this section. The ordinances <br />may not b e inconsistent with or be less restrictive than <br />standards in state law or rule. ordin antes adop ted by th e <br />governing body of a statutory or home rule chart er city or town <br />may not b e inconsis tent with or be less restrictive than <br />ordinances adopted by the co unty board . The tom missioner shall <br />review ordinances proposed under a del egation ag reement. The <br />commissio ner shall approve ordinances if the tom missioner <br />determines the ordi nances are not into nsistent with and not less <br />restricts ve than the provisions of this chapter. <br />Subd. 2c. Permits. Aboard of health under a <br />delegation agreement with the commissio ner may re quire permits <br />in lieu o f the notifications required under sections 1031.205 <br />and 1031.301. <br />subd. 3. Preemption unless delegation. <br />tvotwithst anding any other law, a political subdi vision may not <br />regulate the construction, repair, or sealing of wells or <br />borings unless the commissio ner delega tes authority under <br />subdivisi ons 1 and 2. <br />subd. 4. Local authority over exploratory boring. <br />This chap ter does not limit the authority of a local unit of <br />government to prohi bit mineral explora tion within its <br />boundaries, require permits from explo rers, or impose reasonable <br />requireme nts and fe es upon explorers, that are consistent with <br />other law. <br />subd. 5. Local government regulation of open wells and <br />recharging basins. (a) The governing body of a county, <br />municipality, statu tory or home rule charter tit y, or town may <br />regulate open wells and rech arging basins in a m anner not <br />inconsist ent with this chaps er and rules and may provide <br />penalties for the violations. The use or mainte Hance of an open <br />well or recharging basin that endangers the safety of a <br />considera ble number of perso ns may be defined as a public <br />nuisance and abated as a public nuisan ce. <br />(b) The abatement of the public nuisance may include <br />covering the open well or re charging basin or su rrounding the <br />open well or recharging basin with a p rotective fence. <br />subd. 6. unsealed wells are public health nuisances. <br />A well that is required to b e sealed under sects on 1031.301 but <br />is not se aled is a public he alth nuisa nce. A county may abate <br />the unsealed well with the same authority of aboard of health <br />to abate a public health nuisance under section 145A.04, <br />subdivision 8. <br />subd. 7. vocal license or registration fees prohibited. <br />(a) A political su bdivision may not require a licensed well <br />contractor to pay a license or registration fee. <br />(b) The commissi oner of health must provide a political <br />subdivision with a list of licensed we 11 contrac tors upon <br />request. <br />Page 2 of 3 <br />http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current&section=l 0... 8/21 /2006 <br />