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proposal should be approved,and the status of the city's comprehensive more citizens is received and if the whether changes or modifications plan.Similarly,a city must prepare an proposed project"may have the should be required.The Environmen- EAW for construction of 20 or more potential for significant environmental tal Assessment Worksheet,on the other residences in a shoreland and flood effects."Even though these EAWs are hand,is a six page checklist intended plain area if the city has not adopted -labeled"discretionary," their prepara- to quickly analyze some of the impor- certain state-required ordinances or tion is required when certain tests are tant environmental impacts of a plans.Other requirements of the rules met.The preparation of a discretionary proposal.One of the purposes of an require the mandatory preparation of EAW suspends the 60-day time limit for EAW is to determine whether the an EAW for other kinds of projects. city action under Minn.Stat. § 15.99. preparation'of a more elaborate and When a mandatory EAW must be Thus, the 60-day period for city action time-consuming EIS is warranted.An prepared and the EAW cannot be under the new statute is suspended if EAW may also help identify environ- completed within the 60-day time limit an EAW is required, either because the mental problems that may be ad- set by Minn.Stat.§ 15.99,subdivision proposal falls within a mandatory dressed in evaluating whether or not a 3(d)of the new statute clearly applies category or because the city determines proposal should be approved. and the 60-day time limit is suspended. (either on its own or in response to a EAWs are required under several In that case, the city's deadline for citizen petition) that the proposal "may circumstances.First,some projects fall acting on the permit application is have the potential for significant within"mandatory categories"for EAW extended until 60 days after comple- environmental effects." preparation that are defined by state tion of the environmental review Cities have considerable leeway in rules.State toles governing the process. deciding whether the potential for preparation of EAWs and EISs are In addition to mandatory EAWs,cities environmental effects justifies the found at Minn. Rule.Ch.4410.For may also require discretionary EAWs. preparation of a discretionary EAW. example,mandatory preparation of an State rules require that a.discretionary Cities should be careful,however,to EAW is required for the construction of EAW shall be prepared when a city . avoid using the EAW process in the 100 new homes in a city if a compre- determines,either on its own initiative absence of any real concern about hensive plan that meets certain or in response to a citizen petition, that environmental effects simply to buy requirements has not been adopted. a project"may have the potential for more time for city action under the Greater or lower thresholds for EAW significant environmental effects."The new 60-day statute.This approach preparation may apply under the rules EQB's rules provide that the local unit could be viewed as a misuse of the state depending on the location of the of government must order the prepara- environmental requirements and could proposed residential development,and tion of an EAW if a petition from 25 or be the basis for a court challenge.In . 1 . 1 - 1 1 CELEBRATING OUR 25TH YEAR, PROVIDING MINNESOTA WITH THE BEST PRODUCTS AND SERVICESI ♦PARK AND PLAYGROUND EQUIPMENT ° ♦SITE FURNISHINGS ♦TRAFFIC SIGNS ♦TRAFFIC CONTROL PRODUCTS Whatever the job—athletic fields, CONSULTING AND PROJECT PLANNING golf courses,schoolyards, roadside ♦INSTALLATIONS mixes to D.O.T. specs—Peterson AND MUCH MOREI Seed Company can help you choose the right seeding mixture.We'll also CALL TODAY FOR ADDITIONAL INFORMATION provide expert advice for any projects PETERSON SEED C4 Helping your seed business grow. EmEARL F.ANDERSEN,INC. that involve seeding.Call today,and 9808 JAMES CIRCLE ask us for your free seed guide. BLOOMINGTON, MN 55431 a��.,P•...,^^5..d�.,m,.,^�.�^.. 612-884-7300 MN WATTS: 1-800-862-6026 MAY 1996 38