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b) the likely impact on primary conservation areas and ; <br />and public river corridor views; and <br />c) the opportunities for mitigation techniques that <br />address any adverse impacts. <br />(2) Approve or deny the request, state in writing to the local <br />government the reasons for the approval or denial, and, as <br />appropriate, suggest alternative solutions or regulatory <br />approaches that would be acceptable to the commissioner. <br />Subpart 7. Plans and projects of state and regional agencies. State <br />and regional agencies owning and managing lands within the <br />Mississippi River Corridor Critical Area must comply with the standards <br />in these MRCCA rules and with local government ordinances. Agencies <br />must include the following elements in their plans and project designs <br />for parks and other protected lands: <br />A. standards for public utilities and facilities consistent with the <br />standards in part 6106.0130; and <br />B. provisions for protection of primary conservation areas and <br />public river corridor views. <br />This subpart was added to clarify that state <br />agencies must comply with these rules. <br />PART 6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES <br />Subpart 1. Purpose. The purpose of this part is to identify <br />administrative provisions that must be included in local ordinances to <br />ensure that ordinances are administered consistent with the purpose of <br />these MRCCA rules. <br />This part was added to improve rule <br />organization and provide a logical sequence <br />of requirements for local ordinances. <br />Subp. 2. Variances. <br />A. A local government must consider applications for variances <br />consistent with Minnesota Statutes, chapters 394 and 462. In <br />addition, the local government's review must consider potential <br />impacts on primary conservation areas and other resources <br />identified in local governments' plans. <br />B. If a local government determines that a variance would affect <br />primary conservation areas or other identified resources, it <br />must require mitigation proportional to the effect of the <br />requested variance on the affected resource as provided in <br />subpart 5. <br />Requiring mitigation is an option for local <br />government where warranted; however, if an <br />impact is determined, mitigation must be <br />required. <br />Subp. 3. Nonconformities. <br />A. The purpose of this subpart is to allow uses and structures that <br />came into existence legally, in conformance with then - <br />applicable requirements, to continue to exist and be put to <br />productive use. <br />B. Nonconformities are regulated by local governments consistent <br />with Minnesota Statutes, chapters 394 and 462. <br />C. Local governments may choose to allow expansion of legally <br />Working Draft Rules <br />MRCCA Working Draft Rules — DNR, June 2, 2014 <br />18 <br />Commentary /Rationale for Changes <br />