Chris briefed the board on a multi-part ordinance revision process that began in October and included a 30-day comment period and coordination with state agencies. The planning commission recommended adopting the amended ordinance with one key edit: replace the undefined term 'vegetated buffer' with the ordinance’s defined term 'no maintenance buffer.' The planning commission also recommended retaining a 25-foot buffer for Natural Environment lakes while discussing smaller buffers (10 feet) for General Development and Recreational Development lakes.
Chris said the proposed shoreline provisions would apply only when a property owner seeks a permit for a shoreline recreational use area (an area allowing up to 30% of a shoreline to be cleared for a beach or accessory structure), with the remaining 70% ideally retained as buffer. He emphasized the proposal is not a blanket, retroactive requirement on all waterfront properties. When restoration is required after unlawful clearing, Chris described a recent Whitefish Chain case where the county required a professional vegetation plan, replanting of trees and understory, and a financial assurance of about $50,000 to ensure compliance.
On the septic side, staff and MPCA identified a handful of administrative updates that are largely cleanups to align with current MPCA model ordinance language (transcript cited provisions described as '70 80' through '70 83'); staff characterized these as administrative rather than policy changes.
Chris also reported receiving an inquiry from a developer proposing a solar or wind farm on private property and said county ordinances currently address only small, accessory solar installations. He recommended drafting ordinance amendments this winter and noted staff hope to have regulations in place by 2026. Several commissioners discussed whether to impose a moratorium until regulations are complete; staff said a moratorium is only necessary if an application is pending and that staff are already working proactively on ordinance language.
Commissioners raised other considerations: taxation of large solar projects (megawatt thresholds), the existing solar field at the county airport (which used airport commission planning authority), and potential rules for data centers. Staff noted data centers can require significant water supply and that water appropriation from the Minnesota Department of Natural Resources is required for uses exceeding approximately 10,000 gallons per day (~1,000,000 gallons per year); DNR is the lead on water quantity and the Department of Health handles groundwater quality.
Chris also described a DNR public waters inventory update directed by the 2024 legislature, with a target completion by 2032; the DNR will hold public outreach meetings and can brief the board if requested. The board did not take formal action at the meeting; staff will bring ordinance amendments back to the board at an upcoming meeting.