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04-19-21-WS
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04-19-21-WS
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11 Revised 10/03/2019 Ordinance Language Commentary 3.9 Notifications to the Department of Natural Resources. 3.91 All amendments to this shoreland ordinance must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. The (insert local government name) will submit the proposed ordinance amendments to the commissioner or the commissioner’s designated representative at least 30 days before any scheduled public hearings. 3.92 All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner’s designated representative at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3.93 All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.94 Any request to change the shoreland management classification of public waters within (insert local government name) must be sent to the commissioner or the commissioner’s designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp.4. 3.95 Any request to reduce the boundaries of shorelands of public waters within (insert local government name) must be sent to the commissioner or the commissioner’s designated representative for approval and must include a resolution and supporting data The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. 3.10 Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a. 4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES 4.1 Shoreland Classification System. 4.11 Purpose. To ensure that shoreland development on the public waters of (insert local government name) is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300. 3.9. DNR’s preferred notification method is via email to the appropriate DNR Area Hydrologist. 3.91. Submittal of ordinances and amendments to the DNR is required under statute. The optional language provides for submittal of amendments earlier than the 10-day notification required of public hearings (Section 3.92). Submittal of amendments 30 days prior to public hearing is mutually beneficial; it provides DNR with sufficient time to complete a review and make an approval decision in time for public hearings, thus minimizing delays in the local government’s adoption schedule. Amendments involving rezonings or zoning map changes that affect shorelands (e.g. changes to underlying zoning when shoreland provisions refer to underlying zoning) also require DNR review and approval. 3.94. Reclassifications require a formal request, and are usually only approved to correct an error in the original classification. Provisions for implementation flexibility (6120.2800, Subp. 3), rather than reclassification, may be used for requesting changes in standards for certain areas. Local governments may also adopt special protection classifications, a useful approach for applying higher standards around waters in need of greater protection. 3.10. Mandatory EAWs are required for many projects in shorelands. In most cases, the local government is the Responsible Government Unit (RGU) for completing the EAW. 4.1. The ordinance must list all public water shoreland within the community’s jurisdiction including public waters not in the jurisdiction but with surrounding shoreland that is in the jurisdiction.
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