Adopting and Amending Wild & Scenic River and Lower St. Croix Riverway Ordinances

Local governments in the Wild & Scenic River and Lower St. Croix Riverway districts must have an ordinance that complies with the Wild & Scenic River or the Lower St. Croix Riverway rules.

The DNR reviews ordinance amendments for compliance with the relevant state rules.

Instructions for local governments

The DNR review process is designed so that local governments obtain the DNR’s conditional approval of proposed ordinances or amendments in time for public hearings to consider ordinance amendments. Conditional approval means that the proposed ordinance or amendment is compliant with the rules. .

If the ordinance or amendment has major deviations from the rules or includes other complexities, work with your area hydrologist as described in Step 2 to address these issues before requesting conditional approval as described in Step 3.

Local governments can expedite conditional approval by working with the DNR early in the process. DNR Area Hydrologist are available to discuss questions about this process and any ordinance proposals.

Communicating with the DNR

All documents requested in the step-by-step instructions as well as ALL ongoing email correspondence related to a new ordinance or amendment should be sent to your DNR Area Hydrologist AND [email protected]. Please use the “Submit” button to open an email pre-addressed to this email account – you will also need to add the email address for your DNR Area Hydrologist.

Submit materials

Email all proposed draft ordinances/amendments, checklists and public hearing notices using the submission button below. Please copy your area hydrologist.

Submit Your Materials

 

Step-by-step instructions

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Step 1: Notify the DNR of intent to adopt or amend an ordinance

Informing the DNR gives us a chance to plan time to help your effort stay on schedule.

  1. Whether you are planning to adopt a new ordinance or amend an existing ordinance
  2. Why you are taking this action
  3. An outline of your proposed schedule including public meetings and anticipated adoption date.

Step 2: Request DNR preliminary review of a rough draft ordinance/amendment (recommended)

The preliminary review is intended to help local governments develop “near final” language ready for conditional approval. This step is highly recommended to ensure that proposed ordinance language is consistent with applicable state rules. The DNR will comment on draft language and provide suggestions on language prior to DNR conditional approval. Discussions with your DNR Area Hydrologist prior to submitting for DNR preliminary review can help organize your approach and understand DNR’s expectations for approval.

To request a DNR preliminary review of a rough draft ordinance/amendment, submit the following items at least 30 days before you want DNR feedback:

  1. Proposed ordinance or amendment as a Word document:
    1. showing all additions and/or deletions from the existing ordinance, and
    2. Comments explaining the reason/purpose for the ordinance amendments in the Word document. Explanatory comments will reduce back-and-forth communications and expedite the review.
  2. Email explaining:
    1. what you are trying to accomplish with the proposed ordinance or amendment, and
    2. anticipated schedule for public meetings, public hearings and adoption.

Step 3: Request DNR conditional approval review of near-final draft ordinance/amendment

The DNR will review proposed ordinances and amendments and provide comments for review at public hearings. The DNR will provide conditional approval if the ordinance or amendment is compliant with the rules. If they deviate significantly, the DNR will suggest changes, but will not provide conditional approval until the changes have been made.

To request a DNR conditional review of a near final draft, submit the following items at least 30 days before a public hearing.

  1. The proposed ordinance or amendment as a Word document:
    1. showing all additions and/or deletions from the model shoreland ordinance or existing ordinance text, and
    2. Comments explaining these changes in the Word document. Explanatory comments will reduce back-and-forth communications and expedite the review.
  2. Email explaining:
    1. What you are trying to accomplish with the proposed ordinance or amendment,
    2. Anticipated schedule for public meetings, public hearings, and adoption
An amendment to an existing ordinance may result in a comprehensive review of the entire ordinance for compliance with state rules in cases where:

  • the organization differs significantly from when it was last approved by the DNR
  • there is strong citizen concern about non-compliance of the existing ordinance.
In these cases, the DNR will notify the local government and work with them to make any necessary changes to achieve compliance.

Step 4: Hold public hearing and revises ordinance/amendment consistent with DNR conditions

The local government holds a public hearing to consider the ordinance or amendment. The DNR comments and conditional approval letter are read and/or entered into the public record. The ordinance or amendment is revised according to DNR conditions of approval before adoption.

Step 5: Adopt ordinance/amendment and request DNR final approval of adopted ordinance/amendment (required)

The local government adopts the ordinance or amendment and submits the final adopted ordinance to the DNR. The DNR will review the final adopted ordinance for consistency with the DNR’s conditional approval. If they are consistent, the DNR will send a final approval letter to the local government and the ordinance or amendment will become effective.

To request DNR review and final approval of adopted ordinance or amendment, submit the following items within 10-days of adoption.

  1. Adopted ordinance or amendment signed and dated by the chief elected official .
  2. Completed Ordinance Processing Checklist.

Resources

Local government requirements for ordinances

  • Minnesota statutes (103F.335) and Minnesota rules (6105.0230 Subp. 2.A and 6105.0070) requires counties and municipalities with Wild & Scenic River Districts within their boundaries to have a Wild & Scenic River District ordinance in substantial compliance with the statewide Wild & Scenic rules as well as those for the designated river.
  • Minnesota statutes (103F.351 Subd. 4) and Minnesota rules (6105.0540 Subp. 1.A) requires counties and municipalities with Lower St. Croix Riverway Districts within their boundaries to have a Lower St. Croix Riverway District ordinance in substantial compliance with the Lower St. Croix Riverway rules.

Questions

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