Agenda - Council Work Session - 10/29/2013

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Draft Rules I. Local governments may update or amend plans and ordinances that have been approved by the commissioner by resubmitting the plans and ordinances with the recommended changes to the commissioner for consideration. Updates and amendments to plans and ordinances become effective only upon approval by the commissioner in the same manner as for approval of the original plans and ordinances as provided under this subpart. J. Local governments may, under special circumstances and with the commissioner's prior approval, adopt ordinances that are not in strict conformity with parts 6106.0010 to 6106.0150, if the purposes of Minnesota Statutes, section 116G.15, are satisfied. A local government must request the commissioner's consideration of alternative standards and obtain the commissioner's approval before formal submittal of draft ordinances to the Metropolitan Council as provided under item A. A local government requesting ordinance flexibility must submit the following items to the commissioner: (1) a detailed description of the proposed alternative standards that are not in strict conformity with parts 6106.0010 to 6106.0150; (2) a demonstration that the alternative standards are consistent with the policies, purposes, and scope of this chapter according to parts 6106.0010 to 6106.0030; a description of the special circumstances that justify the use of alternative standards; (4) input from adjoining local governments, including those with overlapping jurisdiction and those across the river, and the public potentially affected by the alternative standards; and supporting information, maps, and documents, as appropriate, to explain the request to the commissioner. K. Upon receiving a complete request for ordinance flexibility as provided in item J, the commissioner must: (3) (5) (1) acknowledge, in writing, receipt of the request and, within 60 days of receipt of the complete request, issue a written decision approving or denying the request. The commissioner and the local government requesting ordinance flexibility may mutually agree to an extension of the 60-day response requirement; and (2) state in writing to the local government the reasons for the approval or denial and, as appropriate, suggest alternative solutions or regulatory approaches that would be acceptable to the commissioner. 18 Commentary This provision, along with item K, provides flexibility to local governments to adopt ordinances that deviate from the rules. Flexibility was requested by local governments to propose their own ordinance to meet the intent of the MRCCA Administration of items J and K will require clarification of the special circumstances where deviation from strict conformity will be allowed and development of criteria by which the proposed changes will be evaluated.