2007 Minnesota Statutes

103F.221 MUNICIPAL SHORELAND MANAGEMENT.
    Subdivision 1. Commissioner's review of ordinances. (a) A municipality having shoreland
within its corporate boundaries must submit ordinances or rules affecting the use and development
of its shorelands to the commissioner for review. The commissioner must review the ordinances
or rules and:
(1) determine whether the rules and ordinances are in substantial compliance with municipal
shoreland management standards and criteria under section 103F.211; and
(2) consider any feature unique to the municipal shoreland in question, including the
characteristics of the waters that may be affected by development, storm sewer facilities, and
sanitary and waste disposal facilities in existence at the time of the commissioner's review.
(b) If the commissioner determines that the ordinances or rules of a municipality do not
substantially comply with the state standards and criteria for municipal shoreland management,
the commissioner must notify the municipality. The notice must state the changes that are
necessary to bring the ordinances or rules into substantial compliance with the standards and
criteria. By one year after receiving the notice from the commissioner, the municipality must
make changes necessary to bring the ordinances or rules into substantial compliance with state
standards and criteria.
    Subd. 2. Commissioner's adoption of ordinance for municipality. (a) The commissioner
may adopt an ordinance or rules for the municipality if:
(1) a municipality does not have an ordinance or rule affecting the use and development of
shoreland;
(2) the corporate boundaries of the municipality are expanded to include shorelands not
previously included within the municipal boundaries and the municipality fails to adopt an
ordinance within one year after including the shorelands within its municipal boundaries; or
(3) the commissioner determines that a municipal shoreland management ordinance does not
substantially comply with the standards and criteria for municipal shoreland management and
that the municipality has failed to make the necessary changes within one year after receiving
notice of noncompliance.
(b) The ordinance or rules for the municipality must be adopted as provided in this paragraph.
The commissioner must hold at least one public hearing on the proposed ordinance or rules in the
manner provided in section 462.357, after giving notice under section 462.357. The ordinance
or rules are effective for the municipality on the date and in accordance with rules prescribed
by the commissioner relating to compliance.
(c) The ordinance must be enforced as provided in section 462.362. The penalties in section
462.362 apply to violations of the ordinances or rules adopted for the municipality by the
commissioner.
    Subd. 3. Commissioner's cost of adopting ordinances. The costs incurred by the
commissioner in adopting the ordinances or rules for the municipality must be paid by the
municipality and collected from the municipality in the same manner as costs are paid by a county
and collected from a county under section 103F.215, subdivision 4.
    Subd. 4. Municipal use of land other than shoreland. Municipal planning and land use
controls for land other than shoreland in the vicinity of shoreland must be, to the maximum
extent practical, compatible with planning and land use controls for shoreland adopted under
subdivision 1.
    Subd. 5. Municipal ordinance may be more restrictive. A municipality may adopt and
enforce ordinances or rules affecting the use and development of shoreland that are more
restrictive than the standards and criteria adopted by the commissioner.
History: 1990 c 391 art 6 s 29; 1992 c 511 art 5 s 4; 1995 c 218 s 2