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Agenda - Environmental Policy Board - 08/04/2014
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Agenda - Environmental Policy Board - 08/04/2014
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Environmental Policy Board
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08/04/2014
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Subp. 89. Wharf. "Wharf" has the meaning given under chapter 6115. <br />PART 6106.0060 ADMINISTRATION OF PROGRAM <br />This part lays out the specific roles, <br />responsibilities, and procedures for <br />administering the rules. Many provisions are <br />relatively unchanged from MS 116G.15, EO <br />79 -19 and /or MR 4410. <br />Subpart 1. Purpose, terms, and time frames. This part establishes the <br />roles, responsibilities, and authorities for administration of these <br />MRCCA rules. For the purposes of this part and part 6106.0070: <br />A. the terms "plan," "ordinance," and "plan and ordinance" mean <br />Mississippi River Corridor Critical Area plans and ordinances, <br />and updates or amendments to plans and ordinances, prepared <br />to implement the MRCCA rules; and <br />B. time frames are measured in calendar days. <br />This subpart clarifies which plans and <br />ordinances are affected by these rules, the <br />role that underlying zoning plays, and the <br />timeframes for specific actions. <br />"Plans" refer to only those elements of each <br />city's comprehensive plan (or stand - alone <br />plan) that deal with land use in the MRCCA. <br />"Ordinances" are those ordinances that <br />specifically regulate land use activity within <br />the MRCCA. <br />This clarification in timeframes was requested <br />by local governments. <br />Subp. 2. Responsibilities and authorities. The standards and criteria for <br />the Mississippi River Corridor Critical Area established in these MRCCA <br />rules must be adhered to by: <br />A. the commissioner for reviewing and approving plans and <br />ordinances and reviewing discretionary actions; <br />B. the Metropolitan Council for reviewing plans and commenting <br />on ordinances; <br />C. local governments when preparing, updating, or amending plans <br />and ordinances and reviewing and approving discretionary <br />actions; and <br />D. state and regional agencies for permit regulation and plan <br />development within an agency's jurisdiction, and compliance <br />with zoning regulations of local governments. <br />This subpart explains the roles and <br />responsibilities of the DNR, the Metropolitan <br />Council, and local units of government. These <br />three bodies have distinct responsibilities <br />related to plans, ordinances and discretionary <br />actions. (Discretionary actions refer to actions <br />requiring a public hearing.) This is unchanged <br />from EO 79 - 19. <br />Metro Council preference is to focus on plans, <br />not ordinances. This draft includes some <br />changes intended to simplify the review <br />process and reduce the time required. <br />Change to MS 116G will be needed to <br />implement these. <br />Subp. 3. Substantial compliance. Local governments within the <br />Mississippi River Corridor Critical Area must adopt, administer, and <br />enforce plans and ordinances in substantial compliance with these <br />MRCCA rules. Plans and ordinances must be submitted to the <br />Metropolitan Council and the commissioner for review and must be <br />approved by the commissioner before they are adopted as provided <br />under subpart 11. <br />This subpart states that local governments <br />are responsible for implementing these rules <br />on the ground. This is unchanged from EO 79 <br />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 part 6106.0070, Subp 6. <br />The flexibility approach is used in the <br />shoreland rules. <br />Working Draft Rules <br />MRCCA Working Draft Rules — DNR, June 2, 2014 <br />10 <br />Commentary /Rationale for Changes <br />
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