Adopting or amending an ordinance can be a major planning project requiring research, public engagement, multiple revisions, and public hearings. Additionally, adopting or amending a shoreland ordinance also requires DNR involvement to review and approve the ordinance, which adds another step that must be incorporated into the project.
As the number of stakeholders increases, so does the potential complexity, conflict, and time needed to successfully adopt an ordinance.
The DNR has launched a new shoreland ordinance review and approval process that is designed around local government public engagement processes and uses a project management approach to better communicate roles, responsibilities, and timing for a smoother adoption process.
Local governments have been required to protect shoreland resources through development standards established in state rules through shoreland ordinances since the early 1970s. As the state agency responsible for administering the shoreland program, the DNR’s resources, roles and expectations for reviewing and approving local ordinances have varied over time and geographic area. This lack of consistency has created some problems for local governments and the DNR including:
Misalignment of DNR’s review and approval schedule with local government adoption processes, leading to insufficient time for DNR to review ordinances, which has caused delay and frustration for local governments.
Often incomplete/insufficient proposed ordinance submittals and documentation from local governments for DNR to determine compliance with rules.
Occasional, incomplete follow through by DNR and/or local governments resulting in the adoption of noncompliant shoreland ordinances.
The new process provides clarity on DNR and local government roles, expectations, and timing, with the goal of providing local governments with conditional approval on proposed ordinances and amendments in time for public hearings. We believe that this process will help reduce delays and potential conflicts in getting shoreland ordinances and amendments adopted. Key highlights include:
. Early engagement with the DNR, establishing a goal of a 30-day review period for DNR conditional approval.
. A step-by-step process aligned with local government ordinance amendment procedures and public processes, with clear roles and tasks in each step so there are no surprises.
. One email address to use for submitting all ordinance documents to the DNR.
. Completion of a checklist by local government that provides a “citation crosswalk” between provisions being changed in the local ordinance relative to the DNR model shoreland ordinance to encourage conforming language and streamline communications during DNR review.
. Clarity on when deviation from the shoreland rules requires offsetting higher standards and expectations of how these deviations from key protection provisions are evaluated by the DNR.
Visit our webpage to learn more about this new process. If you have specific questions or want to discuss a new ordinance or amendment, contact your area hydrologist. If you are considering amendments to your shoreland ordinance or developing a new ordinance, consider using the shoreland model ordinance; doing so will speed up review and approval.
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