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Planning commission sets public hearing on shoreland ordinance changes after DNR-requested edits
Summary
Fergus Falls City planning commission set a public hearing (Oct. 28) to consider shoreland ordinance revisions that incorporate final Department of Natural Resources (DNR) comments, including removal of duplicate basin listings, added open-space language and a river reclassification that reduces a development setback from about 150 to 75 feet.
The Fergus Falls City planning commission voted to set a public hearing on proposed updates to the city’s shoreland management ordinance after staff explained final edits requested by the Department of Natural Resources (DNR).
Clara, city planning staff, told the commission the city has been working for years to align its shoreland ordinance with the DNR’s model ordinance and that the DNR provided final comments. Clara said the edits remove duplicate listings of two water basins, fix a section header, add DNR-requested open-space criteria for plan unit developments (PUDs) and incorporate a reclassification of part of the river front owned by the port authority. That reclassification changes the land-use category from "recreation" to "general development," which Clara said reduces the setback requirement for development in that area from about 150 feet to about 75 feet.
Clara said the DNR requires 50% open space for PUDs in shoreland areas; the city’s existing open-space standard for other chapters is 40%, so the shoreland chapter was updated to reflect the DNR requirement. She emphasized the city must closely match the DNR model ordinance or risk having the DNR supersede local rules in specific areas.
Commissioners asked whether removing a 30-foot shoreline height provision would change overall building heights; Clara said the city’s other height rules would remain in force and that removing the specific shoreline height line would make shoreland rules consistent with the rest of city code. After discussion, the planning commission voted to set a public hearing for Oct. 28 and directed staff to publish a redline and a final ordinance copy and complete required notifications at least 10 days before the hearing. Clara said staff will follow the DNR checklist prior to the hearing.
Next steps: staff will publish required public-notice material and present the ordinance amendments at the planning commission public hearing; the commission will then forward any recommendation to the City Council.
