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2005-05-03 P & Z Agenda
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2005-05-03 P & Z Agenda
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<br />APPENDIX A <br /> <br />CONSIDERATIONS FOR TOWNSHIP ZONING <br /> <br />Townships may adopt shoreland management controls under authority of Minnesota Statutes, <br />section 394.33, subdivision 1, if the controls are not inconsistent with or less restrictive than the <br />controls adopted by the county in which the township is located. This must be accomplished in <br />accordance with the following conditions: <br /> <br />-For the purposes of Minnesota Regulations, Parts 6120.2500 to 6120.3900, shoreland <br />management controls adopted by townships will only be considered to be consistent with <br />county controls if they cover the same full range of shoreland management provisions <br />covered by the county controls, contain dimensional standards at least as restrictive as <br />those in the county controls, and do not allow land uses in particular areas that are not <br />allowed under the county's official controls. <br /> <br />-The township must demonstrate to the county board that their proposed ordinance and <br />administration is at least as restrictive as the county's prior to final adoption by the <br />township. This will include, at a minimum, that the township has the staff necessary to <br />administer the ordinance, has sufficient building permit application and certification forms <br />and procedures, and an enforcement mechanism to enforce the ordinance:8hould violations <br />occur. <br /> <br />-Townships must provide for administration and enforcement of shoreland management <br />controls at least as effective as county implementation. Townships that adopt shoreland <br />controls must provide the notifications in Section 3.4 of the sample ordinance to the <br />Commissioner or the Commissioner's designee and to the zoning official of the county. <br /> <br />-After adequate shoreland management controls are adopted by a township, property <br />owners must only obtain necessary permits and approvals as required in the township <br />shoreland management controls. Property owners do not have to obtain similar permits or <br />approvals under the county's shoreland controls. <br /> <br />The Commissioner of the Department of Natural Resources must also approve a township's <br />shore land ordinance. The DNR and the respective county should work together to make a joint <br />determination as to whether the township's ordinance is in compliance with state and county <br />standards. <br /> <br />L <br />
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