Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Purpose, terms, and time frames.
This part establishes the roles, responsibilities, and
authorities for administration of this chapter. For the purposes of this
chapter:
A. "plan," "ordinance," and
"plan and ordinance" mean Mississippi River Corridor Critical Area plans and
ordinances, and updates or amendments to the plans and ordinances, prepared to
implement this chapter; and
B. time
frames are measured in calendar days.
Subp. 2.
Responsibilities and
authorities.
The standards and criteria for the Mississippi River Corridor
Critical Area established in this chapter apply to:
A. the commissioner for reviewing and
approving plans and ordinances and reviewing discretionary actions;
B. the Metropolitan Council for reviewing
plans and ordinances;
C. local
governments when preparing, amending, and administering plans and ordinances
and reviewing and approving discretionary actions and permits required under
this chapter; and
D. state or
regional agencies, local park agencies, and special purpose units of government
for permit regulation, plan development, and management activities within their
jurisdiction and to the extent they have jurisdiction.
Subp. 3.
Consistent plans and
ordinances.
Local governments within the Mississippi River Corridor
Critical Area must adopt, administer, and enforce plans and ordinances
consistent with this chapter. Plans and ordinances must be submitted to the
Metropolitan Council for review and must be approved by the commissioner before
they are adopted as provided under part 6106.0070. For the purpose of this
part, "consistent" means that each local plan and ordinance, while it may be
structured or worded differently, meets the purpose, scope, and numeric
thresholds and standards set forth in this chapter. Ordinances that are not
consistent with this chapter require approval of flexibility from the
commissioner, according to part 6106.0070, subpart 6.
Subp. 4.
Greater restrictions.
Nothing in this chapter shall be construed as prohibiting or
discouraging a local government from adopting and enforcing plans and
ordinances that are more restrictive than this chapter.
Subp. 5.
Duties of commissioner.
The commissioner must:
A. consult with the United States Army Corps
of Engineers, Minnesota Department of Transportation, National Park Service,
and Metropolitan Council and other state or regional agencies, special purpose
units of government, local governments, and local parks and recreation agencies
to ensure that the Mississippi River Corridor Critical Area is managed as a
multipurpose resource, according to Minnesota Statutes, section
116G.15,
subdivision 2, paragraph (a);
B.
provide advice and assistance to local governments in the Mississippi River
Corridor Critical Area for development, adoption, administration, and
enforcement of plans and ordinances, consistent with the purposes under part
6106.0020;
C. coordinate
preparation, submission, review, and modification of plans and ordinances that
are prepared by local governments as provided under part 6106.0070;
D. review and approve final draft plans and
ordinances before adoption by a local government as provided under part
6106.0070; and
E. consult with
those government units identified in subpart 1 that own or manage land within
the Mississippi River Corridor Critical Area to ensure that they administer
lands and programs under their jurisdictions consistent with this
chapter.
Subp. 6.
Duties of Metropolitan Council.
The Metropolitan Council must:
A. incorporate the standards and criteria in
this chapter into the councils planning processes;
B. work with local governments and the
commissioner to ensure that the standards and criteria in this chapter are
adopted and implemented; and
C.
provide written comments and recommendations to the commissioner on all
proposed plans and ordinances submitted by local governments as provided under
part 6106.0070.
Subp. 7.
Duties of cities.
Cities must:
A.
prepare or amend plans and ordinances to meet or exceed the minimum standards
and criteria in this chapter and as provided under part 6106.0070;
B. submit proposed plans and ordinances that
affect lands within the river corridor boundary to the Metropolitan Council for
review and subsequent review and approval by the commissioner, before adoption
as provided under part 6106.0070. subpart 3;
C. adopt, administer, and enforce plans and
ordinances as provided under part 6106.0070. subpart 3;
D. send notice of public hearings to consider
plans and ordinances, and amendments thereto, and other development requiring
discretionary action affecting lands within the river corridor boundary to the
following parties so that the parties receive the notice at least ten days
before the public hearing:
(1) the
commissioner, in a format prescribed by the commissioner;
(2) the National Park Service; and
(3) adjoining local governments within the
Mississippi River Corridor Critical Area, including those with overlapping
jurisdiction and those across the river, where buildings exceed the height
limits specified in part 6106.0120, as part of the conditional use permit or
variance process; and
E.
send notice of final decisions for actions under item D, including findings of
fact, within ten days following the final decision, to those parties listed
under and in the manner prescribed by item D.
Subp. 8.
Duties of counties and
townships.
A. Counties must prepare or
amend plans and may prepare ordinances consistent with this chapter under the
authority of Minnesota Statutes, chapters 394 and 473, using the process set
forth in subpart 7.
B. Townships
must prepare or amend plans and ordinances consistent with this chapter under
the authority of Minnesota Statutes, chapters 394, 462, and 473, using the
process set forth in subpart 7, If a county has adopted ordinances under this
part:
(1) a townships plan and ordinances
must be consistent with and at least as restrictive as the plan and ordinances
adopted by the county in which the township is located, as provided under
Minnesota Statutes, section
394.33;
(2) a township must provide for
administration and enforcement of Mississippi River Corridor Critical Area
ordinances; and
(3) a township may
adopt a countys ordinances by reference.
Subp. 9.
Duties of state or regional
agencies and other government entities.
Any state or regional agency, local park agency, or special
purpose unit of government that owns or manages lands within the river corridor
boundary must manage the lands under its authority in a manner consistent with
this chapter.
