Agenda - Environmental Policy Board - 08/04/2014

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the boundaries of the Mississippi River Corridor Critical Area to the Metropolitan Council and the commissioner for review and approval by the commissioner, before adoption as provided under part 6106.0070,subp. 3; • Reviewing and approving discretionary actions consistent with their ordinance and plans. C. adopt, administer, and enforce plans and ordinances as provided underpart 6106.0070,subp. 3; D. send notice of public hearings to consider plans and ordinances Item D details the specific notification and development requiring discretionary action affecting lands within the boundaries of the Mississippi River Corridor Critical requirements. Area to the following parties so that the parties receive the Statutory change would be needed to change notice at least 30 days before the public hearing: notice requirement to 30 days. (1) the commissioner, in a format prescribed by the DNR only needs the notice, and will ask for commissioner, and; extra documents as needed. (2) the National Park Service; and Notification of adjoining local governments (3) for buildings exceeding height limits specified in part will only be required for conditional use 6106.0120, as part of the conditional use permit or variance processes and variances for buildings process, adjoining local governments, including those with exceeding height limits, not for all overlapping jurisdiction and those across the river; and pp� g j development requiring discretionary action. Notification within 10 days of action is E. send notice of final decisions for actions under item D, including findings of fact, within ten days following the final decision, to those parties listed under and in the manner prescribed by item required by MS 116G.15. D. Subp. 8. Duties of townships and counties. This subpart applies to four townships (Denmark, Grey Cloud Island, Nininger, and A. According to subpart 7, townships must prepare or amend plans Ravenna) and two counties (Washington and and ordinances in substantial compliance with these MRCCA Dakota) that have land use authority within rules, under the authority of Minnesota Statutes, chapters 394, the MRCCA. It describes the responsibilities 462, and 473. and notification requirements of townships and counties. B. According to subpart 7,counties must prepare or amend plans, and may prepare ordinances in substantial compliance with these MRCCA rules under the authority of Minnesota Statutes, chapters 394 and 473. If a county has adopted ordinances under this part: (1) a township's plan and ordinances must be consistent with Township regulations must be at least as and at least as restrictive as the plan and ordinances adopted restrictive as the counties they are in. by the county in which the township is located as provided Since a county and township may have under Minnesota Statutes, chapter 394; concurrent or overlapping jurisdiction, a (2) a township must provide for administration and enforcement of Mississippi River Corridor Critical Area ordinances; and township could adopt a county's ordinance by reference. (3) a township may adopt a county's ordinances by reference. Subp. 9. Duties of other agencies. This subpart describes the duties for all special units of government or government An agency owning and managing lands within the Mississippi River agencies. This is unchanged from E0 79-19, Corridor Critical Area must manage the lands under the agency's which states that agencies will comply with ownership consistent with these MRCCA rules. For purposes of this subpart, "agency" means the Metropolitan Airports Commission, MRCCA requirements. Working Draft Rules MRCCA Working Draft Rules — DNR, June 2, 2014 12 Commentary /Rationale for Changes