Agenda - Planning Commission - 11/09/1995

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D~STATE OF EPARTMENT OF 500 LAFAYE'I-rE ROAD o DNR INFORMATION (612) 296-6157 March 6, 1995 NATURAL RESOURCES ST. PAUL, MINNESOTA ° 55155'40.__ Ms. Sylvia Frolick City of Ramsey ~ . 15153 Nowthen .Boulevard N.W. Ramsey, MN 55303 Dear Sylvia: Thank you for tl~e opportunity to re-;,iew the draft ordinance amendments for the Scenic River and the F__tnvironmental Protection ordinance sections that pertain to the Rum and Mississippi Rive~. As stated in earlier letters, you should be working with Area Hydrologist Tom Hovey wit.l~ respect to needed Section 9.21 amendments that will comply with the Shoreland Manegement minimum standards, especially if you have been notified by the DNR to update tour ordinance. I offer the folloa ing comments and rationale for the portions of the ordinance affecting the Rum and the Mi:!sissippi Rivers. A key concept that your decision makers should remember is that under M q Rules, part 6105.0230, an amendment must comply with the Wild and Scenic Rivers A~., the statewide standards and criteria, and the management plan. In order to ensure that he standards are not nullified by unjustifed exceptions, an ordinance amendment is not effective until the Commissioner has certified that the action complies with all rules an~ statutes. There are no provisions in the Wild and Scenic River rules or statutes for flexil~ility from these minimum standards. [, Please make sa/re that there is understanding among the decision makers that the Mississippi Rive~ is both a designated Wild and Scenic River (since 1976) and a Critical Area (since 197~). The affected lands in the land use district are the same, and the pertinent minim6m standards are whichever are more restrictive. The river and/ts adjacent lands are subjectito portions of Section 9.21 that relate to the named "Critical Area Overlay District," not to t!ae ordinance provisions relating to the "Shoreland Overlay District." There has been some~onfusion by the public that the Mississippi is subject to the General Development suindards for the Shoreland District, even though I acknowledge that the ordinance cerrec[ly does not. I/st it under Sec. 9,21.02, subd. 3. Comments for Egvironmental Protection 9.21 -- Mississippi River Section Comments [Underlining 'of proposed ordinance language denotes additions, strikeouts of proposed ordinance language note deletions.] 9.21.03 9.21.03 Typo - Strike out the i. in front of the word Bluffiine. Definitions. Tree - I still have lots of problems with your definition of a tree because of !ts use with the clear cutting definition and regulations, the permit Standards in 9.21.05 2. c., and the vegetative cutting standards. EQUAL L OPPORTUNITY EMPLOYER ///