2017 Minnesota Statutes
Chapters 114C - 116I — ENVIRONMENTAL PROTECTION
Chapter 116G — CRITICAL AREAS
Section 116G.09 — FAILURE TO PREPARE AND SUBMIT PLANS AND REGULATIONS.
Subdivision 1. Board to adopt plans and rules. Except as otherwise provided in section 116G.08, if any local unit of government fails to prepare plans and regulations that are acceptable to the board within one year of the order designating an area or areas of critical concern within its jurisdiction, the board shall prepare and, after conducting a public hearing in the manner provided in chapter 14 at a location convenient to those persons affected by such plans and regulations, adopt such plans and rules applicable to that government's portion of the area of critical concern as may be necessary to effect the purposes of sections 116G.01 to 116G.14. If such plans and rules are adopted, they shall apply and be effective as if adopted by the local unit of government. Notice of any proposed order issued under this section shall be given to all units of government having jurisdiction over the area of critical concern.
Subd. 2. Local ordinance. Plans and rules adopted by the board under this section shall be administered by the local unit of government as if they were part of the local ordinance.
Subd. 3. Subsequent submission. At any time after the preparation and adoption of plans and rules by the board, a local unit of government may submit plans and regulations pursuant to section 116G.07 which, if approved by the board as therein provided, supersede any plans and rules adopted under this section.
Subd. 4. Enforcement. If the board determines that the administration of the local plans and regulations are inadequate to protect the state or regional interest, the board may institute appropriate judicial proceedings to compel proper enforcement of the plans and regulations.
History: 1973 c 752 s 9; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70