Agenda - Planning Commission - 02/02/2017

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The framework for rule development for the MRCCA is set forth in Minn. Stat. § 116G.15. In developing the rules, the DNR: • looked at those provisions in the Executive Order 79-19 that have historically worked well in protecting the MRCCA; • looked at other land use rules and regulations in other programs that have historically been successful at protecting similar resources as those sought to be protected in the MRCCA; • identified those provisions in Executive Order 79-19 that have not historically worked well and modified them to make them functional; and • identified key issues not addressed in Executive Order 79-19 but identified in Minn. Stat. § 116G.15 as requiring protection and developed rules to provide the required protection. This approach enabled the DNR to determine less costly or less intrusive methods for achieving the purpose of the proposed rules as identified by the Legislature. Using those provisions of Executive Order 79-19 that have historically worked well as a baseline for the rules will reduce the scope and cost of the changes imposed on communities within the MRCCA and is less intrusive than imposing completely new standards. Thus the proposed rules are based on the existing administrative framework established by Executive Order 79-19 that is already familiar to local governments. Many of the proposed rules are clarifications or refinements of Executive Order 79-19 or are based on existing local, regional, and state regulations that also apply within the MRCCA. Those provisions of Executive Order 79-19 that were retained were reviewed to insure that they addressed current conditions within the MRCCA. The proposed rules include modernized standards, clearer provisions, and flexibility within districts that achieve the regulatory purpose of Minn. Stat. § 116G.15. A primary goal of the rules is to reduce complexity and be less intrusive for property owners, developers, and local governments wherever possible by focusing on the specific development impacts on those key resources and features identified in Minn. Stat. § 116G.15. The proposed rules recognize the diversity of development across the MRCCA by establishing districts that better reflect existing and planned future development, while deferring to local governments' underlying zoning where local zoning meets the purposes of the rules, and by providing flexibility to local governments to address special circumstances where it is possible to do so and still meet the underlying the purpose of the MRCCA. This approach is a less intrusive method for achieving the purposes of the MRCCA. For those issues not adequately addressed by Executive Order 79-19 or that were inadequately addressed by other existing regulations, new standards were developed. In these cases, it was necessary to establish new provisions to address these issues that meet the requirements in Minn. Stat. § 116G.15. DNR was mindful of costs and potential intrusion on local control and property rights when developing these necessary provisions. Specific standards and evaluation of other methods considered are described in greater detail in the rule -by -rule analysis. 12