Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
In general.
In order to ensure that the standards and criteria herein are
not nullified by unjustified exceptions in particular cases, and to promote
uniformity in the treatment of applications for such exceptions, a review and
certification procedure is hereby established for certain land use decisions.
These certain decisions consist of any decisions which directly affect the use
of the land in the Saint Croix Riverway, and are one of the following types of
action:
A. Adopting or amending a
Saint Croix Riverway ordinance regulating the use of land, including rezoning
of particular tracts of land.
B.
Granting a variance from the provisions of a Saint Croix Riverway ordinance
which relates to the dimensional standards and criteria of part
6105.0380.
Subp. 2.
Effective date of action.
No such action becomes effective unless and until the
commissioner has certified that the action complies with the intent of the
National Wild and Scenic Rivers Act, the federal and state Lower Saint Croix
River acts and the master plan adopted thereunder, and these standards and
criteria. In determining the acceptability of the proposed action, the items in
part 6105.0530, subpart 4 shall also be considered.
Subp. 3.
Certification process.
Certification process:
A. A copy of all notices of any public
hearings to consider adoption or amendment of a Saint Croix Riverway ordinance,
or variance application shall be received by the commissioner at least 20 days
prior to such hearings to consider such actions. The notice shall include a
copy of the proposed Saint Croix Riverway ordinance or amendments, or a
description of the requested variance.
B. The local authority shall notify the
commissioner of its final decision on the proposed action within ten days of
the decision.
C. The commissioner
shall, no later than 30 days after receiving notice of the final decision,
communicate to the local authority either certification of approval, with or
without conditions; or notice of nonapproval.
D. The action becomes effective when and only
when either:
(1) the final decision taken by
the local authority has previously received certification of approval from the
commissioner;
(2) the local
authority receives certification of approval after its final
decision;
(3) 30 days have elapsed
from the day the commissioner receives notice of the final decision, and the
local authority has previously received from the commissioner neither
certification of approval nor notice of nonapproval; or
(4) the commissioner certifies approval after
conducting a public hearing.
E. In the case of notice of nonapproval of a
Saint Croix Riverway ordinance, amendment, or variance, either the local
authority or the applicant may, within 30 days of said notice, file with the
commissioner a demand for hearing. If the demand for hearing is not made within
the 30 days, the notice of nonapproval becomes final. If a public hearing is
demanded:
(1) The hearing shall be held in
the appropriate local community within 60 days of the demand for it but not
before two weeks' published notice. Notice and the conduct of the hearing and
the allocation of costs of the hearing shall be accomplished in the same manner
as provided in Minnesota Statutes, section
103G.311,
subdivisions 2, 6, and 7.
(2)
Within 30 days after the hearing, the commissioner shall either certify
approval of the proposed action, or deny it. The decision shall be based upon
findings of fact made on substantial evidence found in the hearing record. On
concluding that the proposed action satisfies the criteria of subpart 2, then
the commissioner shall certify approval; otherwise the commissioner shall deny
it.
