DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
title
Scheduling Of Public Hearing To Receive Comments On Proposed Amendments To Ordinance 50: Shoreland And Floodplain Management
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PURPOSE/ACTION REQUESTED
Schedule a public hearing for 9:00 a.m. on September 6, 2022, to receive comments on the proposed amendments to Dakota County Ordinance 50: Shoreland and Floodplain Management.
SUMMARY
Dakota County Ordinance 50 regulates the use and orderly development of designated shoreland and floodplain zones within the unincorporated areas of Dakota County. The purpose of the ordinance is to promote public health, safety, and welfare; protect, preserve, and enhance natural resources; and reduce the private and public economic loss caused by flooding.
The proposed amendments were prompted by public drainage ditch maintenance activities proposed by private landowners. Dakota County is the Drainage Authority for two public ditch systems under Minnesota Statutes 103E. Portions of the public ditches are also regulated public waters by the Minnesota Department of Natural Resources (MNDNR). In order for public ditch maintenance and repair to be exempt from MNDNR public waters permits, the work must be sponsored by the Drainage Authority and consistent with the original ditch establishment plans and records. The proposed ordinance amendments establish a permit program for work on the public drainage systems, creating efficiencies for landowner projects that would otherwise require a MNDNR public waters permit.
A summary of the proposed amendments is attached (see Attachment: Summary of Proposed Ordinance Changes). The full text of the proposed amendments is available here:
<https://www.co.dakota.mn.us/Environment/WaterResources/ShorelandFloodplain/Documents/Ordinance50Draft.pdf>
RECOMMENDATION
recommendation
Staff recommends that the Dakota County Board of Commissioners schedule a public hearing for 9:00 a.m. on September 6, 2022, in the Boardroom of the Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, to receive comments on the proposed amendments to Ordinance 50: Shoreland and Floodplain Management.
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EXPLANATION OF FISCAL/FTE IMPACTS
None.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County Ordinance 50 regulates the use and orderly development of designated shoreland and floodplain zones within the unincorporated areas of Dakota County; and
WHEREAS, the purpose of the ordinance is to promote public health, safety, and welfare; protect, preserve, and enhance natural resources; and reduce the private and public economic loss caused by flooding; and
WHEREAS, the proposed amendments were prompted by public drainage ditch maintenance activities proposed by private landowners; and
WHEREAS, Dakota County is the Drainage Authority for two public ditch systems under Minnesota Statutes 103E; and
WHEREAS, portions of the public ditches are also regulated public waters by the Minnesota Department of Natural Resources (MNDNR); and
WHEREAS, in order for public ditch maintenance and repair to be exempt from MNDNR public waters permits, the work must be sponsored by the Drainage Authority and consistent with the original ditch establishment plans and records; and
WHEREAS, the proposed ordinance amendments establish a permit program for work within public drainage systems, creating efficiencies for landowner projects that would otherwise require a MNDNR public waters permit; and
WHEREAS, staff is also using this opportunity to propose additional updates to improve the formatting and clarity of some existing ordinance requirements; and
WHEREAS, a public hearing is requested for August 23, 2022, at 9:00 a.m., to receive comments on the proposed amendments to Ordinance 50: Shoreland and Floodplain Management.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby schedules a public hearing for September 6, 2022, at 9:00 a.m., in the Boardroom, Administration Center, 1590 Highway 55, Hastings, MN.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Summary of Proposed Ordinance Changes
BOARD GOALS
☐ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Georg Fischer
Author: Michael Behan