Agenda - Environmental Policy Board - 08/04/2014

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nonconforming principal structures that do not meet the setback requirements in part 6106.0120, provided that such expansion does not extend further into setbacks required by these MRCCA rules. D. New structures erected in conformance with the setback averaging provisions of part 6106.0120, subp. 3.D are considered to be in conformance with local ordinance requirements. E. Site alterations that were made legally prior to the effective date of local ordinances adopted under this rule are not considered nonconformities. Subp. 4. Conditional and interim use permits. A. In addition to meeting the requirements of Minnesota Statutes, chapters 394 and 462, a local government's review of conditional and interim uses must consider potential impacts on primary conservation areas and other resources identified in local governments' plans. B. When evaluation and assessment identify an impact under item A, then the issuance of a conditional or interim use permit include conditions for mitigation according to subpart 5. C. Interim use permits must require compliance with plans and ordinances adopted under this part. The rules require a CUP or IUP for mining, cellular towers, facilities to accommodate disabilities, and buildings exceeding height limits in some districts. This subpart also applies to activities that LGUs regulate through their required CUPs and IUPs. Subp. 5. Mitigation. A. When a local government identifies a potential negative impact to primary conservation areas and other resources identified in the local government's plan, it must require mitigation for: (1) a variance granted to ordinances adopted under these MRCCA rules; and (2) a conditional or interim use permit granted pursuant to ordinances adopted under these MRCCA rules. B. Mitigation must be proportional to the impact of the project on primary conservation areas and other resources identified in local governments' plans. This subpart clarifies when mitigation is required. Local government may determine appropriate mitigation. Subp. 6. Site plans. A. Site plans are required for development within the Mississippi River Corridor Critical Area that requires discretionary action or that requires a permit under these MRCCA rules. B. In addition to local requirements, site plans must include, at a minimum: (1) a detailed description of the project, including how the project complies with the plans and ordinances adopted under this part; and This subpart lists what should be included in plan sets to support decision - making on discretionary actions such as subdivisions, PUDs, CUPs, IUPs and for specific permits required by these rules — for vegetative removal, land disturbance, or work in the BIZ, SIZ, or SPZ Working Draft Rules MRCCA Working Draft Rules — DNR, June 2, 2014 19 Commentary /Rationale for Changes