Agenda - Planning Commission - 02/02/2017

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Rule -By -Rule Analysis 6106.0010 Policy The policy statement for the proposed MRCCA rules is derived from and consistent with Executive Order 79-19 and the original Executive Order 130 (1976), which established the MRCCA within the Twin Cities Metropolitan area. The MRCCA rules are intended to use coordinated planning to "achieve development [within the MRCCA] as a multipurpose resource, resolve the conflicts of use of land and water, preserve and enhance its natural, aesthetic, cultural, and historical value for the public use, and protect its environmentally sensitive areas." 6106.0020 Purpose The five statements of purpose for the MRCCA rules are drawn from Minn. Stat. § 116G.15, Subd. 1 (2015) and reflect the purposes of the MRCCA designation as set forth in Executive Order 79-19 (Section A, 3 S.R. 1692, Standards and Guidelines for Preparing Plans and Regulations). 6106.0030 Scope This part lays out the jurisdiction and scope of the rules, the general roles and responsibilities of governmental entities with jurisdiction or property within the MRCCA in furthering the purposes of the rules, and the applicability of conflicting rules, ordinances and regulations to the MRCCA: Subpart 1: Applicability. The proposed MRCCA rules are applicable to all lands and public waters within the jurisdictional boundaries of the MRCCA. Subparts 2 and 3: Government actions and state land. These subparts specify the general responsibilities of all governmental units with jurisdiction or property within the MRCCA for furthering the purposes of the proposed MRCCA rules as provided by Minn. Stat. § 116G.15, subd. 5 (2015). These rules are applicable to state and local units of government. Subpart4: Conflicting standards. This subpart addresses the issue of conflicts between the proposed MRCCA rules and local ordinances, state rules, or any other regulation. Where such a conflict exists, the most protective provisions apply. This is consistent with similar provisions in many other state rules. Subpart 5: Superseding standards. This subpart clarifies that the proposed MRCCA rules supersede the Environmental Quality Board (EQB) rules with respect to management of the MRCCA. The EQB rules, Minn. R. 4410.8100 to 4410.9910 (2015), will remain, however, as they are applicable to the designation and administration of other critical areas in general. The MRCCA is the only critical area in existence at the time that these rules are being proposed. 6106.0050 Definitions In the course of developing the proposed MRCCA rules, 86 terms were identified as requiring definitions. It was important to define these particular terms because many will be incorporated into local zoning ordinances, and consistency in terminology across the MRCCA is essential. Many of the definitions borrowed heavily from definitions already used by local government in existing ordinances. Of these terms and definitions: 29