HF 3406

as introduced - 86th Legislature (2009 - 2010) Posted on 03/04/2010 09:59am

A bill for an act
relating to waters; requiring approval of local government exceptions to lower
St. Croix River standards; amending Minnesota Statutes 2008, section 103F.351,
by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 103F.351, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Local government exceptions to guidelines and standards. new text end

new text begin (a) To
ensure that the zoning ordinances adopted according to subdivision 4 are not nullified by
unjustified exceptions in particular cases and to promote uniformity in the treatment of
applications for such exceptions, a review and certification procedure is established for
any decision that directly affects the use of land along the lower St. Croix River and that:
new text end

new text begin (1) adopts or amends an ordinance regulating the use of land, including rezoning of
particular tracts of land; or
new text end

new text begin (2) grants a variance from an ordinance that relates to the dimensional standards
and criteria of applicable department rules.
new text end

new text begin (b) No action specified under paragraph (a) becomes effective until the commissioner
certifies that the action complies with the intent of the National Wild and Scenic Rivers
Act, the federal Lower St. Croix River Act, and this section and the master plan and
rules adopted thereunder. In determining the acceptability of the proposed action, the
commissioner shall also consider the items in Minnesota Rules, part 6105.0530, subpart 4.
new text end

new text begin (c) A copy of a notice of a public hearing to consider adoption or amendment of a St.
Croix River ordinance or variance application must be received by the commissioner at
least 20 days before the hearing. The notice must include a copy of the proposed St. Croix
River ordinance or amendments or a description of the requested variance.
new text end

new text begin (d) The local authority shall notify the commissioner of its final decision on the
proposed action within ten days of the decision.
new text end

new text begin (e) The commissioner shall, no later than 30 days after receiving notice of the final
decision, communicate to the local authority either certification of approval, with or
without conditions, or notice of nonapproval.
new text end

new text begin (f) The action becomes effective when:
new text end

new text begin (1) the final decision taken by the local authority has previously received certification
of approval from the commissioner;
new text end

new text begin (2) the local authority receives certification of approval after its final decision;
new text end

new text begin (3) 30 days have elapsed from the day the commissioner receives notice of the final
decision, and the local authority has previously received from the commissioner neither
certification of approval nor notice of nonapproval; or
new text end

new text begin (4) the commissioner certifies approval after conducting a public hearing.
new text end

new text begin (g) In the case of notice of nonapproval of a St. Croix River ordinance, amendment,
or variance, the local authority or the applicant may, within 30 days of the notice, file with
the commissioner a request for hearing. If the request for hearing is not made within
30 days, the notice of nonapproval becomes final. If a public hearing is requested, the
hearing shall be held in the appropriate local community within 60 days of the request
for it, but not before two weeks' published notice. Notice, conduct, and allocation of
costs of the hearing shall be accomplished in the same manner as provided in section
103G.311, subdivisions 2, 6, and 7. Within 30 days after the hearing, the commissioner
shall either certify approval of the proposed action or deny approval. The decision shall
be based upon findings of fact made on substantial evidence found in the hearing record.
The commissioner shall certify approval only upon concluding that the proposed action
satisfies the criteria of paragraph (b).
new text end