Agenda - Environmental Policy Board - 08/21/2023

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ESO C d PrePaIring EAWS:A Procedural Guide for AMO Local RGUs Helpful Tip Helpful Tip With some RGUs,the recognition that an EAW is mandatory may not necessarily need to go before The project proposer will probably have a lot the governing authority for an official decision. of questions for RGU staff,including questions The procedures for officially ordering the prepa- on how an EAW will affect the approval of their ration of an environmental review documents are proposal,site plan,permits,etc. In the event that determined by local ordinance. If RGU staff are RGU staff are unfamiliar with the environmental uncertain of how to officially proceed with this review process,and can't answer some of the step,they should contact their local government project proposer s questions,it is a good idea to attorney for assistance. recommend the proposer review the EQB website or contact EQB staff for more information. Step 6—Schedule a meeting with the project For many local governments,environmental proposer to plan out the EAW preparation review occurs very infrequently,and it is common When a mandatory EAW is required,or when a government for their staff to be unfamiliar with process steps unit orders a discretionary EAW,they should schedule a or procedures. In addition to contacting the meeting with the project proposer to discuss the EAW process. EQB for assistance,RGU staff may wish to talk This will allow both parties to review what will be required with other zoning administrators in their area and to sign any necessary paperwork. to see how they have approached preparing and Since the environmental review rules do not provide a reviewing EAWs. standard method of assessing EAW preparation and review costs back to the project proposer,RGU staff should sign a contract or formal agreement with them stating that the Step 5—Make an official decision on whether proposer will be responsible for all EAW preparation and analysis costs,including those incurred by the RGU. In order an EAW is required or needed to do this,RGU staff should follow the procedures their local RGU staff should then identify the authority in their government already has in place for preparing contracts and organization that can make environmental review decisions assessing fees—each local government will have their own (such as ordering an EAW). This varies from one local way of proceeding with this step. government to another,but in most local governments it will be the board/council. The authority for making environmental To ensure a timely and complete payment of fees,RGU staff review decisions is determined by local procedures/ may wish to require the project proposer to pay for all RGU ordinances,not by state environmental review rules,and costs prior to the issuance of local permits(such as building anyone making environmental review decisions other than the permits). governing body must have a specifically delegated authority to do so. Helpful Tip When an RGU is ordering a mandatory EAW,it is because the Some proposers think the"sixty day rule"(MN project is large enough to cross over one or more mandatory Statute 15.99)continues to apply to projects thresholds established in the environmental review rules. that are going through the environmental review process,but this is not the case. RGU staff should When a government unit is ordering a discretionary EAW,it inform the project proposer that,because environ- is because the project may create the potential for significant mental review decisions can often take 30+days environmental effects or because the project proposer has to be reached,environmental review is one of the volunteered. In many cases the discretionary EAW is ordered exceptions to the rule. Essentially,the clock stops on projects that are expected to be controversial in nature, ticking on the"sixty day rule"until environmental or that would likely be petitioned for environmental review review has been completed and,once environ- anyway. mental review has been completed,the clock is reset at 60 days. 6