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Draft Rules <br />6106.0010 to 6106.0150. Plans and ordinances must be submitted to <br />the Metropolitan Council for review and must be approved by the <br />commissioner before they are adopted as provided under subpart 11. <br />Subp. 4. Greater restrictions. <br />Nothing in parts 6106.0010 to 6106.1050 shall be construed as <br />prohibiting or discouraging a local government from adopting and <br />enforcing plans and ordinances that are more restrictive than parts <br />6106.0010 to 6106.0150. <br />Subp. 5. Adoption schedule. <br />A. In consultation with the Metropolitan Council, the <br />commissioner shall prepare a notification schedule for local <br />governments to prepare or amend plans and ordinances. <br />B. Within the time frames provided under subpart 11, local <br />governments must prepare or amend plans and ordinances to <br />substantially comply with parts 6106.0010 to 6106.0150. <br />C. All plans and ordinances adopted by local governments <br />pursuant to Executive Order 79-19 and chapters 6105 and <br />6120 that are in existence on the effective date of this chapter <br />remain in effect and shall be enforced until plans and <br />ordinances are amended in substantial compliance with parts <br />6106.0010 to 6106.0150, approved by the commissioner, and <br />adopted by the local government as provided under subpart <br />11. <br />D. Where a local government has not adopted plans and <br />ordinances, development shall continue to be governed by the <br />interim development regulations in Executive Order 79-19, <br />until such time as plans and ordinances that substantially <br />comply with parts 6106.0010 to 6106.0150 are approved by <br />the commissioner and adopted by the local government as <br />provided under subpart 11. <br />E. The adoption of plans and ordinances in substantial <br />compliance with parts 6106.0010 to 6106.0150 do not in any <br />way limit or modify the rights of a person to complete a <br />development that is authorized as provided under Minnesota <br />Statutes, section 116G.13. <br />Subp. 6. Duties of commissioner. <br />A. The commissioner must consult with the United States Army <br />11 <br />Commentary <br />EO 79-19. <br />The concept of "substantial compliance" is <br />new to the MRCCA and provides local <br />governments with flexibility to negotiate <br />methods that satisfy the purpose of the rules <br />without being in strict conformance with the <br />rules. The method for pursuing flexibility is <br />covered in subpart 11, item J, below. <br />This approach to flexibility is used in the state <br />shoreland rules. <br />This subpart clarifies that local governments <br />may adopt regulations that are stricter than <br />the rules. This clarification was sought by <br />local governments and other stakeholders. <br />This subpart clarifies that, once promulgated, <br />these rules won't take effect immediately; <br />local governments won't be required to <br />prepare or amend plans and ordinances until <br />notified by DNR, and will be given a <br />reasonable amount of time to do so. Existing <br />local plans and ordinances remain in effect <br />until new plans and ordinances are approved <br />by the DNR. <br />Item D pertains to the cities of Brooklyn <br />Center and Hastings, which currently do not <br />have approved MRCCA ordinances in place <br />and are subject to the interim development <br />regulations in EO-79-19. <br />Item E clarifies that land use applications and <br />projects approved by a local government <br />prior to the adoption of ordinances for <br />compliance with this rule may be completed <br />as approved. <br />This subpart details the specific duties of the <br />DNR in administering the rules. <br />6106.0060 <br />