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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />(G) <br />received by the commissioner at least 30 days prior to such hearings or meetings to consider <br />issuance of a conditional use permit. A copy of the decision shall be forwarded to the <br />commissioner within ten days of such action. <br />(2) Conditional use permits relating to private or commercial recreational development must be <br />certified in accordance with subsection (g) of this section. <br />Certification. <br />(1) Certain land use decisions which directly affect the use of land within the Scenic River Land Use <br />District and involve any of the following actions must be certified by the commissioner as <br />specified in subsection (g)(2) of this section. <br />a. Adopting or amending an ordinance regulating the use of land including rezoning of particular <br />tracts of the land. <br />b. Granting a variance from a provision of this subdivision that related to the zoning dimension <br />provisions of section 117-256 and any other zoning dimension provisions established in Minn. <br />Rules pts. 6105.1400-6105.1500. <br />c. Approving a plat that is inconsistent with the local land use. <br />d. Granting a conditional use permit for a private or commercial recreational development. <br />(2) Certification process. <br />a. A copy of all notices of any public hearings, or where a public hearing is not required, a copy <br />of the application to consider zoning amendments, variances, or inconsistent plats under local <br />code shall be sent so as to be received by the commissioner at least 30 days prior to such <br />hearings or meetings to consider such actions. The notice of application shall include a copy <br />of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a <br />description of the requested variance, or a copy of the conditional use permit application, <br />where applicable. <br />b. The city shall notify the commissioner of its final decision on the proposed action within ten <br />days of the decision. <br />c. The action becomes effective when and only when either: <br />1. The final decision taken by the city has previously received certification of approval from <br />the commissioner; <br />2. The city received certification of approval after its final decision; <br />3. Thirty days have elapsed from the day the commissioner received notice of the final <br />decision, and the city has received from the commissioner neither certification of <br />approval nor notice of non -approval; or <br />4. The commissioner certifies approval within 30 days after conducting a public hearing. <br />d. In case the commissioner gives notice of non -approval of an ordinance, variance or <br />inconsistent plat, either the applicant or the administrator may, within 30 days of said notice, <br />file with the commissioner a demand for hearing. If the demand for hearing is not made within <br />30 days, the notice of non -approval becomes final. <br />1. The hearing will be held in an appropriate local community within 60 days of the demand <br />and after at least two weeks published notice. <br />2. The hearing will be conducted in accordance with Minn. Stats. § 103G.311. <br />3. The commissioner shall either certify approval or disapproval of the proposed action <br />within 30 days of the hearing. <br />e. The following recreational uses shall require certification approval by the commissioner: <br />1. Governmental campgrounds. <br />2. Private campgrounds. <br />3. Public accesses, road access type with boat launching facilities. <br />4. Public accesses, trail access type. <br />5. Temporary docks. <br />Page 146 of 147 <br />