Agenda - Planning Commission - 02/02/2017

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Mississippi River Corridor Critical Area Program Frequently Asked Questions: Minnesot... Page 5 of 7 When will my community have to implement the rules? The rules will not take effect immediately, but rather will be implemented over several years. The DNR, in consultation with the Metropolitan Council, will notify local governments as to when they need to amend their plan and ordinance amendments to be consistent with the rules. Plan updates will be coordinated with the comprehensive plan updates required by the Metropolitan Council. Ordinance updates are expected to be done in phases, and communities will be given at least one year to complete the updates. To help local governments, the DNR is currently preparing model ordinances, guidance materials, training, and other resources for local staff. Once completed, the updated plans and ordinances must be reviewed by the Metropolitan Council, approved by the DNR, and then adopted by the community before they take effect. Do these rules change local control over land use decision making? No. The new rules do not change the level of local control. Currently, all local government units (LGUs) in the MRCCA administer plans and ordinances that are consistent with the guidelines and standards in Executive Order 79-19. LGUs will update their plans and ordinances to be consistent with the guidelines and standards in the new rules, but the authority of LGUs to administer these plans and ordinances will not change. How are nonconforming structures handled with the new rules? When any zoning standards change, any lawfully established lot, structure, or use that does not conform to the new standards becomes legally nonconforming, or "grandfathered." Minnesota Statutes (MS ?462.357, Subd. 1 e and MS ?394.36) protect the rights of the owners of such http://www.dnr. state.mn.us/waters/watermgmt_section/critical_area/fags.html 1/26/2017