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Case# <br />UPDATE ON DNR RULEMAKING FOR MISSISSIPPIRIVER CORRIDOR CRITICAL AREA AND <br />SHORELAND RULES <br />By: Tim Gladhill, Associate Planner. <br />Background: • <br />The 2007 Minnesota Legislature directed the DNR to commence rulemaking to update the statewide <br />minimum shoreland conservation standards (Chapter 6120). The rulemaking process further <br />contemplates merging existing Shoreland rules with Wild and Scenic River rules. <br />The 2009 Minnesota Legislature directed the DNR to establish rules for (Laws 2009, Chapter 172, Article <br />2, Section 5(e) and Section 27) for the Mississippi River Corridor Critical Area (MRCCA). The <br />Legislation revised portions of Chapter 116G, and specified that rulemaking must commence by January <br />15, 2010 and include 30 day advance notification to local government units (counties, cities, townships, <br />etc.) within the MRCCA. <br />A Staff Report for both the MRCCA and Shoreland/Wild and Scenic processes are included as background and <br />provide Staff recommendations as to the proposed rules. <br />Observations: <br />The MRCCA process has produced a list of draft land use districts that will determine the regulations that will <br />affect the City and other communities within the MRCCA. Overall, Staff sees the benefit of the tiered approach <br />that is being proposed and that this proposal attempts to protect the resources this corridor provides, focusing on <br />those areas closest to the river. However, regulations based on these draft land use districts have not been <br />developed and Staff cannot adequately determine the full effect of these districts at this time. Staff will be <br />asking for additional detail from the Minnesota DNR and National Parks Service (NPS). NPS drafted the <br />proposed land use districts on behalf of the DNR Such detail shall include defining suburban and rural <br />densities as well as low structure height and very tall buildings. Staff also recommends using land use district <br />`C' throughout for all riverfront lands to better reflect the City's Comprehensive Plan, rather than district B'. <br />The Shoreland/Wild and Scenic process is much further along than the MRCCA process. The DNR has drafted <br />proposed rules which will have an impact on existing residences and future development around the City's <br />various shoreland areas. City Staff is supportive of the flexibility in subdivision design by allowing the City to <br />default to underlying zoning if certain benchmarks are met in stormwater management and other benchmarks. <br />However, Staff recommends opposing any rule that will impact areas located outside the overlay that may <br />impact the City's ability to tie into stormwater ponds located within the overlay. Staff believes there is merit to <br />regulations that protect key resources, but feels that the proposed rules may exceed the minimum standards in <br />order to achieve this goal. <br />Finally, Staff has concerns regarding the City's situation of being in both the MRCCA and the Wild and Scenic <br />Overlay District. Regardless of the outcome of this process, the City must still adhere to Wild and Scenic <br />regulations along the Mississippi River as well. Staff from Ramsey and the City of Dayton have maintained <br />throughout this process that each community should be in only one of these two overlay districts, not both. This <br />has complications in reviewing regulations and administration within these districts. Staff recommends that the <br />City comment on the proposed Shoreland/Wild and Scenic rules for an exemption by virtue of MRCCA rules <br />overlap. <br />87 <br />