Agenda - Environmental Policy Board - 08/04/2014

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dimensions are listed in part 6106.0120, those dimensions must be included in the overlay district. Subpart 6. Flexibility requests for ordinances. A. Local governments may, under special circumstances and with the commissioner's prior approval, adopt ordinances that are not in strict conformity with these MRCCA rules, if the purposes of Minnesota Statutes, section 116G.15, are satisfied, and the ordinance is consistent with the plan prepared by the local government. Special circumstances may include the following situations: (1) areas where existing urban, residential, commercial or industrial development patterns have been in place for many years and much of the development does not meet the minimum state standards; (2) designation of areas where standards are more restrictive than minimum state standards as trade -offs for other areas where they are less restrictive; the requirements of development, redevelopment, stormwater, parks and other specific plans that are part of an approved comprehensive plan; and (4) existing or planned wastewater, stormwater, water supply and /or utility facilities and similar physical or infrastructural constraints. (3) B. A local government requesting ordinance flexibility must submit the following items to the commissioner as part of the ordinance submittal required under subpart 2: (1) a detailed description of the proposed alternative standards that are not in strict conformity with a demonstration that the alternative standards are consistent with the policies, purposes, and scope of this chapter according to these MRCCA rules; (2) a description of the special circumstances that justify the use of alternative standards; 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 (4) supporting information, maps, and documents, as appropriate, to explain the request to the commissioner. (3) C. Within 60 days of receiving a complete request for ordinance flexibility as provided in item B, the commissioner must: (1) evaluate the request based on: a) the extent to which alternative standards satisfy the purposes of Minnesota Statutes, Chapter 116G, and the policies, purposes and scope of this chapter; This provision, along with subpart 3, provides flexibility to local governments to adopt ordinances that deviate from the rules for special circumstances. Flexibility was requested by local governments to propose their own ordinances to meet the intent of the MRCCA Working Draft Rules MRCCA Working Draft Rules — DNR, June 2, 2014 17 Commentary /Rationale for Changes