Agenda - Planning Commission - 02/02/2017

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A new requirement provided in this subpart requires cities to notify the National Park Service and adjoining local governments, including those with overlapping jurisdiction and those across the river, of public hearings on discretionary actions and plan and ordinance amendments. The National Park Service must be notified of all discretionary actions taken by a city, while adjoining local governments only need be notified in cases where buildings are proposed to exceed the height limits established in the rules. The National Park Service and neighboring local governments have a vested interest in the MRCCA and the local decisions that can affect the MRCCA resources and features. The height and resulting visibility of buildings is of particular concern to many local governments. Unlike the prescribed format for notice to the DNR, the rule allows cities discretion regarding the method of notice given to the National Park Service and adjoining local governments. Subpart 8. Duties of counties and townships. There are five counties and four townships in the MRCCA that have unique obligations under this subpart. Both counties and townships must prepare plans; however, whether a county adopts an ordinance is discretionary, while townships are required to adopt ordinances. All four townships in the MRCCA currently exercise zoning authority and it is appropriate that they adopt and enforce plans and ordinances in the same manner as cities. It is a requirement of Minn. Stat. § 394.33, subd. 1 (2015) that a township's plans and ordinances must be consistent with and at least as restrictive as those of the county in which it is located. Subpart 9. Duties of state and regional agencies and other government entities. There are a number of state and regional agencies, local park agencies and special purpose units of government that own and manage land within the MRCCA. This subpart sets out their responsibilities under the MRCCA program. The obligations of these entities are relatively unchanged from Executive Order 79-19. To assure that the resources in the MRCCA are protected and to assure consistence across the MRCCA it is reasonable and necessary that state or regional agencies, local park and recreation agencies, and special purpose units of government such as watershed districts that own or manage lands within the MRCCA be required to manage their lands consistent with the MRCCA rules. In addition, agencies through their actions have the potential to influence other MRCCA stakeholders. 6106.0070 Preparation, Review, and Approval of Plans and Ordinances Subpart 1. Purpose. Local governments with land in the MRCCA are required to adopt local plans and ordinances pursuant to Minn. Stat. § 116G.07 (2015), Minn. R. 4410.9000 (2015), and Executive Order 79-19. The purpose for this part is to clearly lay out the processes, responsibilities, and other requirements for the preparation, review, and approval of plans and ordinances to assure consistency with the proposed MRCCA rules. The MRCCA program has been in effect for over 35 years and the DNR has managed the MRCCA program since 1995. Historically, problems with administration of the MRCCA program largely stem from the vague or outdated language in Executive Order 79-19 or from a lack of program clarity or flexibility for local governments. Therefore, while many provisions in this part are identical to those set forth in statute, rule, and Executive Order 79-19, some procedures and criteria are clarified to better assist local governments to implement the MRCCA program. Subpart2. Adoption of plans and ordinances. The procedures for the adoption of local plans and ordinances required to implement the MRCCA rules are set forth in this subpart. Local governments' incorporation of the requirements of the MRCCA rules into local plans and ordinances will be 37