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2024.04.22 CC Packet - Workshop
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2024.04.22 CC Packet - Workshop
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4/19/2024 1:23:43 PM
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City Council
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Agenda/Packets
Meeting Date
4/22/2024
Meeting Type
Work Session
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Implementation Flexibility <br />Local governments wanting to deviate from shoreland rule provision must request approval of those <br />changes through the implementation flexibility process under Minnesota Rules 6120.2800 Subp. 3 <br />(https://www.revisor.mn.gov/) <br />Implementation flexibility is intended to address specific circumstances where compliance with <br />specific provisions causes problems. <br />Examples include: <br />Heavily developed shoreland areas where development, existing prior to adoption of a shoreland <br />ordinance, does not meet shoreland standards. <br />Central business districts located in shoreland. <br />Small cities where records of past development indicate that little shoreland development has <br />occurred or is anticipated. <br />Shorelands of river with a “Tributary” classification. <br />Counties, or portions of counties, where vegetation or topography makes use of particular <br />minimum standards impractical. <br />Shorelands that are managed under other water and related land resource management programs <br />authorized by state or federal laws (such as Wilds and Scenic Rivers, Mississippi River Corridor <br />Critical Area, Lower St. Croix Riverway) with goals compatible with the Shoreland Act and rules. <br />Individual lakes or systems of lakes that are being managed under standards developed <br />specifically for those waters after a comprehensive study and planning effort. ? <br />Offsetting Alternate Approaches <br />DNR approval of deviations to these provisions will usually require offsetting higher standards on other <br />provisions. Local governments seeking flexibility, in most situations, should propose alternative <br />approaches. These approaches should be related to and proportional to the impact of the requested <br />flexibility. <br />These approaches may include: <br />The use of more restrictive or “higher” standards to offset the requested flexibility. <br />The use of standards or management approaches developed for specific water bodies based on <br />comprehensive study and planning. <br />Flexibility is not allowed in the following areas: <br />Standards incorporated from other state and federal regulations. <br />Standards that conflict with other state and federal regulations. <br />Statutory shoreland boundaries. <br />Approval Process <br />Shoreland Ordinance Topic
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