Bill Text: MN SF2272 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Lower St. Croix Wild and Scenic River Act ordinances certification process establishment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-03-24 - Comm report: To pass as amended and re-refer to Finance [SF2272 Detail]
Download: Minnesota-2013-SF2272-Engrossed.html
1.2relating to natural resources; establishing certification process for ordinances
1.3adopted under Lower St. Croix Wild and Scenic River Act; providing for variance
1.4advice; amending Minnesota Statutes 2012, section 103F.351, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 103F.351, subdivision 4, is amended to read:
1.7 Subd. 4. Rules. (a) The commissioner of natural resources shall adopt rules that
1.8establish guidelines and specify standards for local zoning ordinances applicable to the
1.9area within the boundaries covered by the comprehensive master plan.
1.10(b) The guidelines and standards must be consistent with this section, the federal
1.11Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. The
1.12standards specified in the guidelines must include:
1.13(1) the prohibition of new residential, commercial, or industrial uses other than those
1.14that are consistent with the above mentioned acts; and
1.15(2) the protection of riverway lands by means of acreage, frontage, and setback
1.16requirements on development.
1.17(c) Cities, counties, and towns lying within the areas affected by the guidelines shall
1.18adopt zoning ordinances complying with the guidelines and standards within the time
1.19schedule prescribed by the commissioner. No adoption of or amendment to a Lower
1.20St. Croix zoning ordinance becomes effective unless and until the commissioner of
1.21natural resources has certified that it complies with the guidelines and standards adopted
1.22by rule under this subdivision. Within 30 days of being submitted to the department,
1.23the commissioner shall certify the ordinance or amendment, or specify the aspects of
1.24the ordinance or amendment that fail to meet those criteria. If the commissioner does
2.1not respond within 30 days of receiving the ordinance or amendment, the ordinance or
2.2amendment shall be considered certified by the commissioner. The commissioner of natural
2.3resources shall provide a liaison to affected cities, counties, and towns to provide outreach
2.4and education on ordinance implementation, and advice during the review of applications
2.5for variances from local Lower St. Croix River ordinances to evaluate whether:
2.6(1) the variances are consistent with the intent of the National Wild and Scenic
2.7River Act, the federal Lower St. Croix River Act of 1972, and the master plan adopted
2.8under subdivision 2; and
2.9(2) the reasons for the requested variance cannot be alleviated by any alternative
2.10feasible method other than a variance.
2.11(d) In rural districts, as defined in rules adopted pursuant to this section, commercial,
2.12nature-oriented, and educational uses may be allowed as conditional uses on properties
2.13that were in similar use on May 1, 1974, and on January 1, 2010, if the conditional use:
2.14(1) complies with all dimensional standards in the rules, including variance
2.15requirements for any changes to the properties made after January 1, 2010; and
2.16(2) is similar in scope to the use that existed on May 1, 1974.
1.3adopted under Lower St. Croix Wild and Scenic River Act; providing for variance
1.4advice; amending Minnesota Statutes 2012, section 103F.351, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 103F.351, subdivision 4, is amended to read:
1.7 Subd. 4. Rules. (a) The commissioner of natural resources shall adopt rules that
1.8establish guidelines and specify standards for local zoning ordinances applicable to the
1.9area within the boundaries covered by the comprehensive master plan.
1.10(b) The guidelines and standards must be consistent with this section, the federal
1.11Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. The
1.12standards specified in the guidelines must include:
1.13(1) the prohibition of new residential, commercial, or industrial uses other than those
1.14that are consistent with the above mentioned acts; and
1.15(2) the protection of riverway lands by means of acreage, frontage, and setback
1.16requirements on development.
1.17(c) Cities, counties, and towns lying within the areas affected by the guidelines shall
1.18adopt zoning ordinances complying with the guidelines and standards within the time
1.19schedule prescribed by the commissioner. No adoption of or amendment to a Lower
1.20St. Croix zoning ordinance becomes effective unless and until the commissioner of
1.21natural resources has certified that it complies with the guidelines and standards adopted
1.22by rule under this subdivision. Within 30 days of being submitted to the department,
1.23the commissioner shall certify the ordinance or amendment, or specify the aspects of
1.24the ordinance or amendment that fail to meet those criteria. If the commissioner does
2.1not respond within 30 days of receiving the ordinance or amendment, the ordinance or
2.2amendment shall be considered certified by the commissioner. The commissioner of natural
2.3resources shall provide a liaison to affected cities, counties, and towns to provide outreach
2.4and education on ordinance implementation, and advice during the review of applications
2.5for variances from local Lower St. Croix River ordinances to evaluate whether:
2.6(1) the variances are consistent with the intent of the National Wild and Scenic
2.7River Act, the federal Lower St. Croix River Act of 1972, and the master plan adopted
2.8under subdivision 2; and
2.9(2) the reasons for the requested variance cannot be alleviated by any alternative
2.10feasible method other than a variance.
2.11(d) In rural districts, as defined in rules adopted pursuant to this section, commercial,
2.12nature-oriented, and educational uses may be allowed as conditional uses on properties
2.13that were in similar use on May 1, 1974, and on January 1, 2010, if the conditional use:
2.14(1) complies with all dimensional standards in the rules, including variance
2.15requirements for any changes to the properties made after January 1, 2010; and
2.16(2) is similar in scope to the use that existed on May 1, 1974.
