Agenda - Planning Commission - 02/02/2017

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Water Oriented Accessory Structure A water oriented accessory structure refers to recreational amenities that are commonly constructed closer to the shoreline than a typical structure. Proposed Minn. R. 6106.0050, subp. 84. Under the proposed rules, these structures are allowed on riparian lots within the required setback from the ordinary high water level subject to specific standards in proposed Minn. R. 6106.0140, subp. 5.D. It is reasonable to clarify the types of structures that are allowed closer to the water, and to place limits on the dimensions of these structures to minimize negative impacts to sensitive shoreline areas. The dimensions chosen are consistent with the sizes of many existing structures within the MRCCA. 6106.0060 Administration of Program Part 6106.0060 of the proposed MRCCA rules lay out the specific roles, responsibilities, and authorities for administering the proposed rules. Many provisions are drawn directly from Minn. Stat. § 116.15, subd. 2 (2015), Executive Order 79-19, and/or the state environmental review rules set out in Minn. R. Ch. 4410. Below, by subpart, is a brief description of the pertinent requirements for the administration of the MRCCA program with special emphasis on new or revised provisions. Subpart 1. Purpose, terms, and timeframes. This subpart clarifies that the "plan[s] and ordinance[s]" specified in the MRCCA rules only pertain to those plans and ordinances prepared by local governments to implement the rules in the MRCCA. It is not the intent of the MRCCA rules that the provisions in the rules should apply to any other local plans or ordinances. The subpart also clarifies that all time frames referenced in the MRCCA rules are measured in calendar days. Subpart2. Responsibilities and authorities. This subpart establishes the roles and responsibilities of the governmental authorities involved in implementing the MRCCA program, including the commissioner of natural resource; the Metropolitan Council; local governments; and state or regional agencies, local park agencies, and special purpose units of government. Proposed Minn. R. 6106.0060, subp. 2. Most local governments currently have MRCCA plans and ordinances in place. This is consistent with Executive Order 79-19 and the MRCCA program's administration. Subpart 3. Consistent plans and ordinances. Consistency is a fundamental element of the MRCCA program thus, under this subpart, local governments must adopt, administer, and enforce plans and ordinances within the MRCCA that are consistent with the MRCCA rules. For purposes of the MRCCA rules, "consistency," means that local plans and ordinances must meet the purpose, scope, and the numeric thresholds set forth in the MRCCA rules, but may vary in structure or wording. To deviate from this consistency standard the local government must request flexibility, as provided in proposed Minn. R. 6106.0070, subp. 6.B. This provision is necessary in order to provide local governments with the explicit standards that DNR will use when it reviews local plans and ordinances. Local governments expressly requested this provision. The concept of consistency is a reasonable expectation for local plans and ordinances. Subpart4. Greater restrictions. Although the MRCCA rules require consistency with minimum standards, local governments are allowed to adopt and enforce plans and ordinances that are more restrictive than the standards in the MRCCA rules. The MRCCA rules are intended as minimum standards. It is reasonable to allow local governments to adopt and enforce more restrictive standards 35