The restrictiveness of shoreland zoning ordinances

This bill eliminates a provision under current law that prohibits a county shoreland zoning ordinance from regulating a matter more restrictively than the matter is regulated by a shoreland zoning standard promulgated by DNR. The bill also eliminates a provision under current law that prohibits a county shoreland zoning ordinance from regulating the construction of a structure on a substandard lot in a manner that is more restrictive than the DNR shoreland zoning standards for substandard lots.

Current law provides that a county board of adjustment has authority to decide upon variances and appeals from county decisions regarding shorelands within the county. The bill eliminates a current law exception that prohibits DNR from appealing a county decision to grant or deny a variance relating to shoreland zoning.

Under current law, DNR may only, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.

Current law prohibits DNR and counties from impairing the interest of a landowner in shoreland property by establishing a shoreland zoning standard or enacting or enforcing a shoreland zoning ordinance that does any of a number of specified things. The bill removes the language prohibiting the impairment of the interest of a landowner in shoreland property, but leaves the prohibition on establishing a shoreland zoning standard or enacting or enforcing a shoreland zoning ordinance.

Among the things that under current law DNR and counties may not do through a shoreland zoning standard or ordinance is require any approval or impose any fee or mitigation requirement for, or otherwise prohibit or regulate, any of the following:

1. The maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of certain nonconforming structures or structures legally within the shoreland setback area if the activity does not expand the footprint of the structure.

2. The vertical expansion of certain nonconforming structures or structures legally within the shoreland setback area unless the expansion would extend more than 35 feet above grade level.

The bill removes the prohibition on DNR and counties imposing a fee with respect to these activities.