2005-05-03 P & Z Agenda - Laserfiche WebLink

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Preface This document is to be used as a guide for the adoption of land use regulations consistent with statewide standards for "Management of Shore land Areas", Minnesota Regulations Parts 6120.2500 - 6120.3900, which became effective on July 3,1989. Respective counties, and select municipalities for incorporated areas within counties, will be notified in writing by the Commissioner of the Department of Natural Resources if they must adopt these new state standards. The timeframe for mandatory adoption is within 2 years after notification to adopt. The sample ordinance that follows includes the full array of zoning and subdivision regulations for the most complex or all inclusive of shoreland management situations. The sample ordinance is not intended as free-standing zoning and subdivision code. It could be adopted as a separate section(s) within a community's existing zoning and subdivision regulations. If a community has no existing community-wide land use regulations at the time of shoreland ordinance adoption, then additional administrative and development review processes would have to be established as explained herein. It is anticipated that a local government's adopted shoreland ordinance will deviate from this sample ordinance as the situation warrants. The sample ordinance does provide a framework or baseline for DNR's review of a local government's adopted shoreland ordinance. If a provision from the sample ordinance is not included, the Department will look for a reason or justification for its exclusion. The section ofthis package which follows, titled "Introduction to Sample Shore land Ordinance", identifies those ordinance provisions that are recommended only and many of the reasons or justifications for revising or not including certain provisions. Townships considering adoption of shoreland regulations should pay special attention to Appendix A which outlines additional provisions that must be met. A local government should keep in close contact with their DNR area hydrologist throughout the ordinance adoption process. The area hydrologist will provide advice and assistance as time permits and this contact should ensure the DNR's speedy approval of the ordinance at the end of the adoption process. An "Ordinance Certification Checklist" has been provided in Appendix B which identifies the key procedural aspects of adoption that the DNR will verrty when receiving a local government's shoreland regulations.