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1 TALK inter 1 5 <br />~~I <br /> <br /> <br />R~ <br />°~ <br />r^, <br /> <br />r l ii r i is <br />y Fick <br />Minnesota Court of.Appeals Decision -Overturns Shorelarx! Varbnce Albwing <br />CormnonlY Owned Contiguous Nonconforming Lots of Record to be Separated <br />On Jarxlary 25,1995, the Minnesota Court of Appeals released a dedsion which <br />signiflcantty reaffirms the shoreland management rule which requires the combinotbn of <br />these lots. This part of the Shoreland Management Program's rules has always been one of <br />the most controversial and contentbus Issues In the program. fie coveys decision focused on <br />two provisions contained to MIm. Stat. § 39427, subd. 7 wherein It ~ stated that variances <br />may only be granted If the proposed variance ~ "... >n harmony with the general Purposes <br />and htent of the official control in cases where there are proctical difficulty a partkular <br />hardship in carrying out the strict letter of any official control, and when the terms of the <br />variance are corulstent with the compreheruNe pian.° The court concluded that the <br />County's Board of Adjustment felled to make adequate findings on these factors and failed to <br />address the statutory detWtlon of °hardship°. <br />Shoreland Management Program Manager Ed Fick feels this decisbn s~stantiaAy <br />strengthens this part of the shoreland morwgement program. <br />Area Hydrok~glst Skip Wright and Assistant Attorney General Paul Strandberg are <br />commended for their excellent work on this case os they put !n a bt of effort in representing <br />the Department on this appeal. CongratulationsllII • <br />1 i rut r sit <br />y J®hn <br />The Minnesota Department of Natural Resources (DNR) has reached a settlement in <br />a lawsuff initiated by Minnesota Trout UNimited and several other environmental <br />organizations over the DNR's regulatory authority of designated trout streams In Minnesota. <br />Ramsey County District Court Judge Kathleen Gearin ordered that effective December 1, <br />1994, aq natural and altered natural watercourses designated as trout streams by Mim. R. <br />6262.0400, subp. 4, or any successor rule, are publk waters within the regulatory Jurisdiction <br />of the Commissioner of Natural Resources even If they are not depicted on the public <br />waters Inventory map filed with each county auditor under Minn. Stet. secflon 103G201. <br />On February 4,1994, the plaintiffs sued the DNR alleging the state hoe the affirmative <br />duty to require a pubic waters work permit for any proposal to diminish the course, current, <br />or cross sectbn of any spring. seep, or ground water discharge or tributary of a designated <br />trout sfiream regardless of such water's designation on a pubik: water Inventory (PWp Ust or <br />map. Plaintiffs also alleged that DNR must amend as PWI maps to reflect such springs, <br />seeps, ground water discharges or tributaries of streams that have been designated as <br />trout streams. Plaintiffs reAed upon the 1990 recodlflcatbn of Minn. Stet. ch. 105, claiming <br />that it was a IeglslatNe mandate that the Conunissloner has an ongoing responsibility to <br />update the appropriate county public waters inventory maps. <br />...continued on Pa9o 15 <br />(~®ffiII'{~ tS~®~?ffit~IP <ti~®ffi!P~ tt;®IPffiC~IP (@®ffiff{~ C++®~@3P <br />®V <br />q <br />F~ <br /> <br />_Q <br />.q <br />F~ <br />q <br />(~®L>~fk C~®g'ffiC~IP <br />