Agenda - Planning Commission - 08/07/2014

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