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SF 2272

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/02/2014 02:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; establishing certification process for ordinances
adopted under Lower St. Croix Wild and Scenic River Act; providing for variance
advice; amending Minnesota Statutes 2012, section 103F.351, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 103F.351, subdivision 4, is amended to read:


Subd. 4.

Rules.

(a) The commissioner of natural resources shall adopt rules that
establish guidelines and specify standards for local zoning ordinances applicable to the
area within the boundaries covered by the comprehensive master plan.

(b) The guidelines and standards must be consistent with this section, the federal
Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. The
standards specified in the guidelines must include:

(1) the prohibition of new residential, commercial, or industrial uses other than those
that are consistent with the above mentioned acts; and

(2) the protection of riverway lands by means of acreage, frontage, and setback
requirements on development.

(c) Cities, counties, and towns lying within the areas affected by the guidelines shall
adopt zoning ordinances complying with the guidelines and standards within the time
schedule prescribed by the commissioner.new text begin No adoption of or amendment to a Lower
St. Croix zoning ordinance becomes effective unless and until the commissioner of
natural resources has certified that it complies with the guidelines and standards adopted
by rule under this subdivision. Within 30 days of being submitted to the department,
the commissioner shall certify the ordinance or amendment, or specify the aspects of
the ordinance or amendment that fail to meet those criteria. If the commissioner does
not respond within 30 days of receiving the ordinance or amendment, the ordinance or
amendment shall be considered certified by the commissioner. The commissioner of natural
resources shall provide a liaison to affected cities, counties, and towns to provide outreach
and education on ordinance implementation, and advice during the review of applications
for variances from local Lower St. Croix River ordinances to evaluate whether:
new text end

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

new text begin (2) the reasons for the requested variance cannot be alleviated by any alternative
feasible method other than a variance.
new text end

(d) In rural districts, as defined in rules adopted pursuant to this section, commercial,
nature-oriented, and educational uses may be allowed as conditional uses on properties
that were in similar use on May 1, 1974, and on January 1, 2010, if the conditional use:

(1) complies with all dimensional standards in the rules, including variance
requirements for any changes to the properties made after January 1, 2010; and

(2) is similar in scope to the use that existed on May 1, 1974.