Minnesota Administrative Rules
Agency 141 - Environmental Quality Board
Chapter 4410 - ENVIRONMENTAL REVIEW
CRITICAL AREAS PLANNING PROCESS
Part 4410.8700 - BOARD ACTION ON CRITICAL AREA RECOMMENDATIONS
Universal Citation: MN Rules 4410.8700
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Procedures.
When the board initiates a recommendation it shall:
A. submit the recommendation to the regional
development commissions with jurisdiction within the area directly affected for
review and action, as prescribed in part
4410.8600, subpart
2; or
B. follow the procedures prescribed in
subpart
3, when it determines that
the time required for regional development commission review and action must be
shortened or eliminated to avoid further endangerment to the regional or
statewide interest in the recommended area.
Subp. 2. Notice of action.
When the board receives notice of action on a recommendation for a critical area from a regional development commission, or from a local unit of government where no regional development commission exists, it shall have 60 days to review the recommendation and either:
A. give legal notice, as prescribed in
subpart
3, of its decision to conduct
a public hearing pursuant to Minnesota Statutes, chapter 14, on the
recommendation; or
B. notify the
regional development commission or local unit of government of its rejection of
the recommendation and its reasons therefore and specify any authorized
alternate action to protect the regional or statewide public
interest.
Subp. 3. Hearings.
When the board's decision in subpart 1 or 2 is to hold a public hearing on the recommendation, the procedures to be followed are:
A. Legal notice of at least 30 days shall be
given to the following:
(1) the
governor;
(2) the appropriate state
agencies;
(3) the regional
development commissions and local units of government with jurisdiction over
the area affected by the recommendation;
(4) persons who have filed with the secretary
of state pursuant to Minnesota Statutes, chapter 14, to receive notice of
public hearings;
(5) requesting
persons; and
(6) each person owning
real property within the recommended area and within 350 feet of the
recommended area when the recommended area is 1,000 acres or less.
B. One legal notice of the
recommendation shall be placed in the official newspaper of each county in the
area directly affected by the recommended area at least two weeks prior to the
date of the public hearing.
C. The
board may mail notice of the recommendation to all persons owning real property
within the recommended area as determined by tax records.
D. The legal notice shall include the time
and location of the hearing, and the recommendation.
E. The public hearing shall be held in each
county affected by the proposed critical area.
F. At the public hearing, the board shall
receive all testimony and exhibits relative to the designation of the proposed
critical area, including the amount and source of funds and technical aid
required to prepare and adopt plans and regulations for the proposed critical
area. An official record of the hearing shall be prepared. When a transcript is
requested, the board may require the party requesting to pay the reasonable
costs of preparing the transcript.
G. After the public hearing on the
recommendation, the board shall examine the record and prepare findings of fact
that shall include the following:
(1) an
explanation of any modification or rejection of action by a regional
development commission or local unit of government on the
recommendation;
(2) the amount and
source of funds and technical aid required for the preparation and adoption of
plans and regulations;
(3) whether
the proposed critical area may be effectively protected by any other powers;
and
(4) the specific standards and
guidelines to be followed in preparing and adopting plans and regulations for
the critical area.
H.
Within 30 days of the public hearing on the recommendation, the board shall,
based on the findings of fact, submit the recommendation to designate a
critical area to the governor, or reject the recommendation.
Statutory Authority: MS s 116D.04
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