HF 2714

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2014 09:39am

A bill for an act
relating to natural resources; establishing review and certification process for
ordinances and variances adopted under Lower St. Croix Wild and Scenic River
Act; establishing variance criteria; amending Minnesota Statutes 2012, section
103F.351, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2012, section 103F.351, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Review and certification of certain actions. new text end

new text begin (a) To ensure that the
standards and criteria for the lower St. Croix River are not nullified by unjustified
exceptions in particular cases and to promote uniformity in the treatment of applications
for exceptions, a review and certification procedure is established for the following land
use decisions by local authorities that directly affect the use of the land on the lower
St. Croix River:
new text end

new text begin (1) adopting or amending a lower St. Croix River ordinance regulating the use of
land, including rezoning of particular tracts of land; and
new text end

new text begin (2) granting a variance from a lower St. Croix River ordinance that relates to the
dimensional standards and criteria in rules adopted under subdivision 4.
new text end

new text begin (b) Within 90 days of a law or rule change, each local authority with jurisdiction on
the lower St. Croix River shall adopt or amend its ordinances and land use district maps
to the extent necessary to comply with amended standards and criteria adopted by rule
under subdivision 4 or to reflect amendments to this section. If a local authority fails to
adopt or amend adequate ordinances or maps within 90 days, the commissioner of natural
resources shall adopt the ordinances, maps, or amendments in the manner and with the
effect specified in section 103F.215.
new text end

new text begin (c) No action under paragraph (a), clause (1) or (2), becomes effective unless and
until the commissioner of natural resources has certified that the action complies with the
intent of the National Wild and Scenic Rivers Act, the federal Lower St. Croix River Act
of 1972, this section, the master plan adopted under subdivision 2, and the standards
and criteria adopted by rule under subdivision 4. In determining the acceptability of the
proposed action, the items in the hearing and record of decision of the local authority
shall also be considered.
new text end

new text begin (d) For the purposes of this subdivision, "local authority" means that person or body
of persons affiliated with a county or municipal government that has authority to take an
action described in paragraph (a), clause (1) or (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to actions by a local authority after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 103F.351, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Variance review criteria. new text end

new text begin (a) A variance from a lower St. Croix River
ordinance shall be granted only when the applicant has demonstrated that, in addition to
all of the variance criteria in section 394.27 or 462.357, all of the following criteria are
satisfied:
new text end

new text begin (1) granting the variance is consistent with the intent of the National Wild and
Scenic Rivers Act, the federal Lower St. Croix River Act of 1972, and the master plan
adopted under subdivision 2;
new text end

new text begin (2) the practical difficulty cannot be alleviated by any alternative feasible method
other than a variance; and
new text end

new text begin (3) granting the variance will provide minimal relief and minor deviation from the
required provision.
new text end

new text begin (b) In approving a variance, the zoning authority shall require the applicant to
address, as appropriate, storm water runoff management, reducing impervious surfaces,
increasing setbacks, protection and restoration of wetlands, protection and restoration of
native vegetation and habitat, sewage treatment and water supply capabilities, and other
conservation-designed actions.
new text end

new text begin (c) When seeking a variance from the ordinance, the burden is on the applicant
to show why the ordinance cannot be accommodated. The applicant must submit, in
a format prescribed by the commissioner of natural resources, information sufficient
to demonstrate that all criteria in section 394.27 or 462.357 and under paragraph (a),
clauses (1) to (3), are satisfied.
new text end

new text begin (d) The variance must be granted if without it there is no reasonable use for the
property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to actions by a local authority after that date.
new text end