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S.F. No. 2272 - Lower St. Croix Wild and Scenic River (First Engrossment)
 
Author: Senator Katie Sieben
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 24, 2014



 

Section 1 [Rules] establishes a review and certification process for the Department of Natural Resources (DNR) to review and certify local ordinances issued for the Lower St. Croix Wild and Scenic River.  A similar provision had been a part of the DNR rules for the Lower St. Croix Wild and Scenic River, but was overturned by the Minnesota Supreme Court in re. Hubbard, 778 N.W. 2d 313 (February 11, 2010).  The court ruled that the DNR did not have express or implied statutory authority for the rule.  Enacting this section would grant express authority for the rule.  No zoning ordinance, or amendment to a zoning ordinance, can become effective until the commissioner of the DNR certifies that it complies with guidelines and standards adopted by rule.  If the DNR does not act within 30 days, the ordinance or amendment is considered to be certified.  The commissioner of the DNR must provide a liaison to affected local governments to provide outreach and education on implementing ordinances and to provide advice during the review of variance applications on whether the variances are consistent with other laws, and the reason for the requested variance cannot be dealt with in another way.

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