Shoreland Management

Shoreland Management Key Protection Provisions

Key protection provisions provide greater levels of shoreland protection than other provisions. They are are identified with bold text in the shoreland model ordinance. Many of these standards are dimensional requirements or standards, such as minimum lot size, water and bluff structure setbacks, septic setbacks, impervious surface limits, and others.

Minnesota Rules 6120.2800 Subp. 3 This link leads to an external site.specify the criteria and process for DNR review and approval of deviation from key protection provisions through “implementation flexibility”.

Specific Circumstances

Flexibility is intended to address specific circumstances where compliance with key protection provisions causes problems.

Examples include:

Offsetting Alternate Approaches

DNR approval of deviations to these provisions will usually require offsetting higher standards on other provisions, unless the key protection provision isn’t applicable in a community. Local governments seeking flexibility, in most situations, should propose alternative approaches. These approaches should be related to and proportional to the impact of the requested flexibility.

These approaches may include:

Flexibility is not allowed in the following areas:

Approval Process

DNR approval of flexibility from key protection provisions must be obtained during the preliminary review step, before submitting a near-final ordinance or amendment for conditional approval.

Local governments seeking flexibility must: