07-28-1983 Council Agenda - Laserfiche WebLink

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.WbSTATE OF :6u :N DEPARTMENT OF NATURAL RESOURCES 1200 Warner Road, St. Paul, Minnesota 55106 PHONE NO.216- %SZ- February 3, 1983 To : SHORELAND ,VItSORY COMMITTEE MEMBERS From: David Leutl :n John Lin -tin c Thru: Kent Lokkesm , Co -C man ✓ FILE NO. RE: DNR FLEXIBILITY IN NEGOTIATING SHORELAND ORDINANCE STANDARDS As discussed at our January 21, 1983 Advisory Com.na.ttee meeting, this memorandum is a discussion of DNR flexibility when working with municipalities in developing shoreland management ordinances. Minnesota Statutes, Chapter 105.485, Subdivision. 6 requires the DNR to evaluate local ordinances, rules, or regulations and determine whether they are in sub - stantial compliance with state standards and criteria. The statute goes on tc require the DNR to consider-any unique feature of the municipal shorelands in existence; (i.e. characteristics of the waters which may be affected by development, storm sewers, sanitary and waste disposal facilities). In determining substantial compliance, the D2:R has three basic areas of flexi- bility under the "Statewide Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota," (Minn. Regs. NR82 -84, hereafter referred to as the "Municipal Regs. "). These three areas are: determination of shoreland classifications; determination of a shoreland district; and zoning and dimensional standards. Determination of Shoreland Classifications: Under current procedures, the DNR makes a preliminary determination of the appropriate shoreland classifications of the basins identified in a city (Natural Environment, Recreational Develop- ment, General Development) based on criteria sat forth in DNR "Supplementary Report No. 1 ". These criteria are primarily existing development and physical characteristics of the basin. This data and preliminary classifications are scb.itted to the city for review and comment (see NRB2(f)(3), pages 3 -4 of the Municipal Regs.). As the Municipal Regs. outline, the DNR may only consider classification changes when officially requested by the city with supporting data. This - supporting data should follow the sane format as used by the DNR in making the preliminary classification decision (see Supplementary Report no. 1). Supporting data could include official stormwater management plans/ controls, watershed management programs, public ownership of land, existing development (both riparian to the basin and non - riparian within 100 feet), and officially adopted erosion /sedimentation controls. AN EQUAL OPPORIUMTY EMPLOYER