Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Administration and enforcement.
Local governments must provide for the administration and
enforcement of their shoreland management controls by establishing permit
procedures for building construction, installation of sewage treatment systems,
and grading and filling.
Subp.
2. [Repealed, 13 SR 3029]
Subp.
3.
Variances.
Variances may only be granted in accordance with Minnesota
Statutes, chapters 394 or 462, as applicable. They may not circumvent the
general purposes and intent of the official controls. No variance may be
granted that would allow any use that is prohibited in the zoning district in
which the subject property is located. Conditions may be imposed in the
granting of variances to ensure compliance and to protect adjacent properties
and the public interest. In considering variance requests, boards of adjustment
must also consider whether property owners have reasonable use of the lands
without the variances, whether existing sewage treatment systems on the
properties need upgrading before additional development is approved, whether
the properties are used seasonally or year-round, whether variances are being
requested solely on the basis of economic considerations, and the
characteristics of development on adjacent properties.
Subp. 3a.
Conditional uses.
In addition to any existing standards local governments may
have for reviewing conditional uses, the following standards must be
incorporated into local controls and used for reviewing conditional uses
located in shoreland areas:
A. a
thorough evaluation of the topographic, vegetation, and soils conditions on the
site to ensure:
(1) prevention of soil
erosion or other possible pollution of public waters, both during and after
construction;
(2) limiting
visibility of structures and other facilities as viewed from public waters;
and
(3) adequacy of the site for
water supply and on-site sewage treatment; and
B. an assessment of the types, uses, and
numbers of watercraft that the project will generate in relation to the
suitability of public waters to safely accommodate these watercraft.
Local governments may impose conditions when granting
conditional use permits that specify: increased setbacks from public waters;
vegetation allowed to be removed or required to be established; sewage
treatment system location, design, or use; location, design, and use
requirements for watercraft launching or docking, and for vehicular parking;
structure or other facility design, use, and location; phasing of construction;
and other conditions considered necessary by the local unit of
government.
Subp.
4.
Nonconformities.
A. Local governments must require upgrading
or replacement of any existing, on-site sewage treatment system identified as a
nonconformity under a program established under part 6120.3400. Systems
installed according to all applicable local shoreland management standards
adopted under Minnesota Statutes, sections
103F.201
to
103F.221,
in effect at the time of installation may be considered as conforming unless
they are determined to be failing, except that systems using cesspools,
leaching pits, seepage pits, or other deep disposal methods, or systems with
less soil treatment area separation above groundwater than required by chapter
7080, shall be considered nonconforming.
B. All nonconformities other than on-site
sewage treatment systems must be managed according to applicable state statutes
and local government official controls.
Subp. 4a.
Shoreland management by
townships.
Townships may adopt shoreland management controls under
authority of Minnesota Statutes, section
394.33, subdivision
1, if the controls are not inconsistent with or less restrictive than the
controls adopted by the county in which the township is located.
A. For the purposes of parts 6120.2500 to
6120.3900, shoreland management controls adopted by townships will only be
considered to be consistent with county controls if they cover the same full
range of shoreland management provisions covered by the county controls,
contain dimensional standards at least as restrictive as those in the county
controls, and do not allow land uses in particular areas that are not allowed
under the county's official controls.
B. The township must demonstrate to the
county board that their proposed ordinance and administration is at least as
restrictive as the county's prior to final adoption by the township. Townships
must provide for administration and enforcement of shoreland management
controls at least as effective as county implementation. Townships that adopt
adequate shoreland controls must follow all of the notification procedures in
subpart 6. After adequate shoreland management controls are adopted by a
township, property owners must only obtain necessary permits and approvals as
required in the township shoreland management controls. Property owners do not
have to obtain similar permits or approvals under the county's shoreland
controls.
Subp. 5.
Joint exercise of powers.
To facilitate more logical, consistent, and efficient
administration of shoreland management controls, local governments are
encouraged to enter into joint powers agreements with adjacent or otherwise
similarly situated local units of government to jointly administer shoreland
management controls pursuant to the procedures and authority of Minnesota
Statutes, sections
394.32
and
471.59.
Subp. 6.
Notification
procedures.
A. Copies of all notices of
any public hearings to consider variances, amendments, or conditional uses
under local shoreland management controls must be sent to the commissioner or
the commissioner's designated representative and postmarked at least ten days
before the hearings. Notices of hearings to consider proposed plats must
include copies of the plats.
B. A
copy of approved amendments and plats, and final decisions granting variances
or conditional uses under local shoreland management controls must be sent to
the commissioner or the commissioner's designated representative and postmarked
within ten days of final action.
C.
Townships with shoreland management controls adopted under subpart 4a must also
provide these materials to the zoning official of the county.
Statutory Authority: MS s
103F.211;
105.485
