HF 1855

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for shoreland
management; providing for comprehensive lake
management; requiring rulemaking; amending Minnesota
Statutes 2004, sections 103F.205, subdivisions 1, 4,
by adding a subdivision; 103F.211, subdivision 1, by
adding subdivisions; proposing coding for new law in
Minnesota Statutes, chapter 103F.

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

Section 1.

Minnesota Statutes 2004, section 103F.205,
subdivision 1, is amended to read:

Subdivision 1.

Applicability.

The definitions in this
section apply to sections 103F.201 to deleted text begin 103F.225 deleted text end new text begin 103F.227 new text end .

Sec. 2.

Minnesota Statutes 2004, section 103F.205, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Cumulative impact. new text end

new text begin "Cumulative impact" means
the impact on the environment that results from incremental
effects of a project in addition to other past, present, and
reasonably foreseeable future projects, regardless of what
person undertakes the other projects. Cumulative impacts can
result from individually minor but collectively significant
projects taking place over a period of time.
new text end

Sec. 3.

Minnesota Statutes 2004, section 103F.205,
subdivision 4, is amended to read:

Subd. 4.

Shoreland.

"Shoreland" means deleted text begin land located
within the following distances from the ordinary high water
elevation of public waters deleted text end :

(1) land within 1,000 feet from the deleted text begin normal deleted text end new text begin ordinary new text end high
watermark of a deleted text begin lake, pond, or flowage deleted text end new text begin public water basin as
defined under section 103G.005, subdivisions 15 and 15a;
new text end

new text begin (2) when a county or municipality elects, all land within
the contributing watershed of a basin above the ordinary high
watermark of a public water basin as defined under section
103G.005, subdivisions 15 and 15a new text end ; and

deleted text begin (2) deleted text end new text begin (3) new text end land within 300 feet of new text begin the ordinary high watermark
of new text end a river or stream or the landward side of a floodplain
delineated by ordinance on the river or stream, whichever is
greater.

Sec. 4.

Minnesota Statutes 2004, section 103F.211,
subdivision 1, is amended to read:

Subdivision 1.

Adoption.

The commissioner shall adopt
model standards and criteria for the subdivision, use, and
development of shoreland in municipalities and areas outside of
a municipality. new text begin The model standards and criteria apply to the
shorelands of all public waters inventoried according to section
103G.201. new text end The standards and criteria must include:

(1) the area of a lot and length of water frontage suitable
for a building site;

(2) the placement of structures in relation to shorelines
and roads;

(3) the placement and construction of sanitary and waste
disposal facilities;

(4) designation of types of land uses;

(5) changes in bottom contours of adjacent public waters;

(6) preservation of natural shorelands through the
restriction of land uses;

(7) variances from the minimum standards and criteria; and

(8) for areas outside of a municipality only, a model
ordinance.

Sec. 5.

Minnesota Statutes 2004, section 103F.211, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Oversight of local decisions. new text end

new text begin (a) A county or
municipality shall provide the commissioner with notice of any
approved planned unit development, cluster development, common
interest community, subdivision plat, or conditional use permit
that allows nonriparian access to public waters and all final
decisions granting any variance. Notice shall be provided to
the commissioner within ten days of approval by the county or
municipality. The commissioner has 30 days from receipt of the
notice in which to object to the approval or final decision made
by the county or municipality. When the commissioner notifies
the county or municipality of an objection to an approval or
final decision, the approval or final decision shall be held in
abeyance pending completion of the review and appeal process
under this subdivision. The process shall be completed prior to
any appeals to the district court under sections 394.27,
subdivision 9, and 462.361.
new text end

new text begin (b) When the commissioner notifies the county or
municipality of an objection, the commissioner shall order a
public hearing to be held within the county or municipality
within 60 days following notification of the objection. Notice
of the public hearing must be published in the State Register
and the official newspaper of the county or municipality.
new text end

new text begin (c) The public hearing must be conducted by a review
panel. The review panel shall be composed of one person
appointed by the affected county or municipality, one person
appointed by the commissioner, and one board member of the local
soil and water conservation district or districts within the
county who must be selected by the other two members of the
review panel at least 20 days before the hearing date. The
expenses and per diem of any member of the review panel who is
not a state employee must be paid according to section 15.059,
subdivision 3.
new text end

new text begin (d) If the shoreland involved is located within a watershed
district, the district may give the review panel its
recommendations.
new text end

new text begin (e) Within 30 days after completion of the hearing, the
review panel shall issue its findings of fact, conclusions, and
an order, which must be considered the final decision of a
county or municipality under sections 394.27, subdivision 9, and
462.361. The county or municipality, the commissioner, or any
person aggrieved by the decision of the review panel may appeal
from the panel's order as provided under sections 394.27,
subdivision 9, and 462.361.
new text end

Sec. 6.

Minnesota Statutes 2004, section 103F.211, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Cumulative impacts. new text end

new text begin A county or municipality
shall consider the effect of cumulative impacts on the shoreland
area and public water in exercising its authority to administer
and enforce any shoreland management ordinance adopted according
to section 103F.215 or 103F.221.
new text end

Sec. 7.

Minnesota Statutes 2004, section 103F.211, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Alternate standards. new text end

new text begin The commissioner may adopt
expedited alternative shoreland management standards and
criteria for defined areas within the state or for specific
shoreland management issues, according to section 14.389. The
alternative shoreland management standards and criteria may
include, but are not limited to, the requirements of subdivision
1.
new text end

Sec. 8.

new text begin [103F.227] COMPREHENSIVE LAKE MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Approval and administration. new text end

new text begin The
commissioner may approve a comprehensive lake management plan
submitted by a county or municipality. A comprehensive lake
management plan may be applied to an individual lake or to a
related group of lakes. When the commissioner approves a plan,
the county or municipality shall administer and enforce the
plan, including exercising the authorities granted to the
commissioner under sections 84D.11; 103G.245, subdivision 5; and
103G.615.
new text end

new text begin Subd. 2. new text end

new text begin Plan requirements. new text end

new text begin To be approved by the
commissioner, a comprehensive lake management plan must comply
with all of the following requirements:
new text end

new text begin (1) the county or counties in which the comprehensive lake
plan will be in effect must have an approved local water
management plan according to section 103B.315;
new text end

new text begin (2) the county or municipality must have approved land use
regulations in full force and effect according to sections
103F.121, 103F.221, and 103F.335;
new text end

new text begin (3) the comprehensive lake management plan must have
approval from the board of commissioners for the county or
counties in which the comprehensive lake plan will be in effect;
new text end

new text begin (4) the comprehensive lake management plan must meet or
exceed all administrative rules of state regulatory agencies;
new text end

new text begin (5) the comprehensive lake management plan must address all
significant water resource management issues affecting the water
bodies encompassed by the plan. Water resource management
issues include, but are not limited to:
new text end

new text begin (i) land use and subdivision;
new text end

new text begin (ii) planned unit developments, cluster developments, and
common interest communities;
new text end

new text begin (iii) water supply and wastewater treatment;
new text end

new text begin (iv) water surface use;
new text end

new text begin (v) fish and wildlife management;
new text end

new text begin (vi) aquatic plant management;
new text end

new text begin (vii) exotic species management; and
new text end

new text begin (viii) nonriparian access lots; and
new text end

new text begin (6) the comprehensive lake management plan must be based
upon an assessment and recognition of cumulative impacts, as
defined under section 103F.205, on the water bodies encompassed
by the plan.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner shall adopt
administrative rules governing the specific content and
authorities of comprehensive lake management plans adopted under
this section. The rules shall address, but are not limited to,
the following issues or concerns:
new text end

new text begin (1) shoreland management;
new text end

new text begin (2) floodplain management;
new text end

new text begin (3) water surface use management;
new text end

new text begin (4) fish and wildlife management;
new text end

new text begin (5) aquatic plant management;
new text end

new text begin (6) exotic species management;
new text end

new text begin (7) nonriparian access lots;
new text end

new text begin (8) a mechanism and procedure for technical assistance to
local governmental units; and
new text end

new text begin (9) the establishment and empowerment of an interagency
review panel to exercise the commissioner's authority under
subdivisions 4 and 5.
new text end

new text begin Subd. 4. new text end

new text begin Amendment approval. new text end

new text begin Any amendments to
previously adopted comprehensive lake management plans, as well
as any amendments to local governmental unit regulations that
are enforced according to a comprehensive lake management plan,
are not effective until approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Review authority. new text end

new text begin The commissioner may review
and approve any conditional use permit, variance, planned unit,
or cluster development approved by the local governmental unit
according to this section. The review authority shall be
carried out according to section 103F.211, subdivision 4.
new text end

Sec. 9. new text begin INTERIM RULES.
new text end

new text begin Within 90 days of the effective date of this act, the
commissioner of natural resources shall adopt interim rules to
implement sections 4, 5, and 7. The interim rules are exempt
from the rulemaking provisions of Minnesota Statutes, chapter 14.
Minnesota Statutes, section 14.386, applies and the proposed
rules must be submitted to the senate and house committees
having jurisdiction over environment, natural resources, and
agriculture policy at least 30 days before being published in
the State Register. The interim rules are effective for two
years from the date of publication in the State Register, unless
they are superseded by permanent rules.
new text end