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C
<br />AN ACT
<br />S.F. No. 225
<br />Chapter No. 379
<br />relating to water resources; providing for the regulation of shoreland use and development in
<br />municipalities; prescribing the powers and duties of municipalities and state agencies in
<br />relation thereto; amending Minnesota Statutes 1971, Sections 105.485, Subdivisions 2 and 3,
<br />and by adding subdivisiu,:�s- and 462.357, Subdivision 1.
<br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
<br />Section 1. Minnesota Statutes 1971, Section 105.485, Subdivision 2, is amended to read:
<br />Subd. 2. (DEFINITIONS.) For the purposes of this section the terms defined in this section have the
<br />meanings given them: (a) "Shoreland" means land located within the following distances from the ordinary
<br />high water elevation of public waters: (1) Land within 1,000 feet from the normal high watermark of a
<br />lake, pond, or flowage; and (2) land within 300 feet of a river or stredm or the landward side of flood plain
<br />delineated by ordinance on such a river or stream, whichever is greater. (b) "Unincorporated area" means
<br />the area outside a city, village, or borough. (c) "Municipality" means a city, village, or borough.
<br />Sec. 2 Minnesota Statutes 1971, Section 105.485, Subdivision 1, is amended to read:
<br />Subd. 3. (COMMISSIONER'S DUTIES.) Before April 1, 1974, the commissioner of natural resources
<br />shall promulgate, in the manner provided in chapter 15, model standards and criteria, other than a model
<br />ordinance, for the subdivision, use, and development of shoreland in municipalities, which standards and
<br />criteria shall include but not be limited to those listed below in regard to unincorporated areas. Before July
<br />1, 1970, the commissioner of natural resources shall promulgate, in the manner provided in chapter 15,
<br />model standards and criteria for the subdivision, use, and development of shoreland in unincorporated
<br />areas, including but not limited to the following: (a) The area of a iot and length of water frontage suitable
<br />for a building site; (b) the placement of structures in relation to shorelines and roads; (c) the placement and
<br />construction of sanitary and waste disposal facilities; (d) designation of types of land uses; (e) changes in
<br />bottom contours of adjacent p-iblic waters; (f) preservation of natural shorelands through the restriction c.f
<br />land uses; (g) variances from the minimum standards and criteria; and (h) a model ordinance. The followin3
<br />agencies shall provide such information and advice as may be necessary to the preparation of the rules and
<br />regulations, or amendments thereto: The stale departments of agriculture, economic development, and
<br />health; the state planning agency; the pollution contr•)l agency; the state soil and water conservation
<br />commission; and the Minnesota historical society. In addition to other requirements of chapter 15, the
<br />model standards and ordinance promulgated pursuant to this section, or amendments thereto, shall not be
<br />filed with the secretary of state unless approved by the executive officer of the state board of health and
<br />the director of the pollution control agency.
<br />Sec. 3. Minnesota Statutes 1971, Section 105.485, is amended by adding subdivisions to read:
<br />Subd. 6. before April 1, 1974, each municipality having shoreland within its corporate limits shall sut
<br />to the commissioner, for his review, any ordinances, rules, or regulations affecting the use and development
<br />of its shorelands. The commissioner shall review the ordinances, rules, or regulations and determine whether
<br />they are in substantial compliance_ with municipal shoreland management- standards .end criteria
<br />promulgated pursuant to slibilivision 3. In making his review ;he coi*imi ,•r eiso r a.f cunsi„er any
<br />feature unique tot ee munici al sFore-fand in question, i- ncFud ng—but not 1 -to the iharactenstics o1
<br />the waters which may t�- affected by development, storm sewer facilities, a. 'ary and waste dia
<br />facilities in existence at the time of the commissioner's review. If the comm,......,er determines that the
<br />ordinances, rules, or re ulations of a municipality do not substantially com ply with the state sta_ndards'a_nri
<br />criteria for municipal shoreland management, he shall so notifythe municipality and shalt indicate to th,.
<br />municipality the changes which are necessary to brink tie cEs, rules, o_r regulation; into substantial
<br />compliance with state standards and criteria. Within of., a er receiving this notice from tho
<br />commissioner, the munici algy_shall make the chances n. - ry_to bringthe or finances, rules, or
<br />l c ylations into subs tan tiaompliance with state standards and cr te_i a. li a municipality h is no oidinanc.e,
<br />rule, or regulation affecting ,the use and development of shorele+A on April 1: 197�. hall adoP_t such_an
<br />ordinance, rule, or regulation complying with state standards and criteria for municipal sFuireland
<br />management, before July 1, 1975. li-_(a) a municipality has no or&n_ancn, rule, or regulation atfecting die
<br />use and c vet!pnent of s_tiureland on April i,_��Yd, —and�aiTs t'o`r+ifopt such an ordinance by 7-uly 1 ' �75,
<br />or iT (ilj the c�orate boundaries ofthe municipality are expanded to include shu,WIJI1LA not prey„ sly
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