Adopting and amending shoreland ordinances

Local governments with shoreland must have a shoreland ordinance that complies with the state’s shoreland rules.

The DNR reviews new shoreland ordinances and amendments for compliance with the state shoreland rules using the shoreland model ordinance. The model is updated regularly to reflect statute and rule changes. Communities interested in adopting or amending a shoreland ordinance should use the shoreland model ordinance.

Instructions for local governments

This DNR review process is designed so that local governments obtain the DNR's conditional approval of proposed ordinances or amendments in time for the public hearing. Conditional approval means that the proposed ordinance or amendment is compliant with the rules.

If the ordinance or amendment has major deviations from the rules or includes other complexities, work with your area hydrologist as described in Step 2 to address these issues before requesting conditional approval in Step 3.

Local governments can expedite DNR approval by using the shoreland model ordinance language for new ordinances and amendments and working with the DNR early in the process. DNR Area Hydrologists are happy to discuss questions about this process and your proposed ordinance or amendment.

Communicating with the DNR

All documents requested in the step-by-step instructions as well as all ongoing email correspondence related to a new ordinance or amendment should be sent to your DNR Area Hydrologist and [email protected]. Please use the “Submit” button to open an email pre-addressed to this email account – you will also need to add the email address for your DNR Area Hydrologist.

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Step 1: Notify the DNR of intent to adopt or amend an ordinance

Informing the DNR gives us a chance to plan time to help your effort stay on schedule. Please send us an email explaining:

  1. Whether you are planning to adopt a new ordinance or amend an existing ordinance
  2. Why you are taking this action
  3. An outline of your proposed schedule including public meetings and anticipated adoption date.
Step 2: Request DNR preliminary review of a rough draft ordinance/amendment (recommended)

The preliminary review is intended to help local governments develop “near final” language ready for conditional approval. This step is highly recommended if the community will be adopting a new ordinance not based on the model, making comprehensive changes to an existing ordinance, or requesting to deviate from shoreland provisions through the implementation flexibility process. The DNR will comment on draft language  and provide suggestions on language for DNR approval. A conversation with your DNR Area Hydrologist can help organize your approach and understand DNR’s expectations for approval.

To request a DNR preliminary review of a rough draft ordinance/amendment, submit the following items at least 30 days before you want DNR feedback:

  1. Proposed ordinance or amendment as a Word document:
    • showing all additions and/or deletionsfrom the model ordinance or existing ordinance text, and
    • comments explaining these changesin the Word document. Explanatory comments will reduce back-and-forth communications and expedite the review.
  2. Email explaining:
    • what you are trying to accomplish with the proposed ordinance or amendment,
    • proposed offsetting higher standards, if requesting implementation flexibility, and
    • anticipated schedule for public meetings, public hearings, and adoption.
Step 3: Request DNR conditional approval review of near final draft ordinance/amendment

The DNR will review proposed ordinances and amendments and provide comments for review at public hearings. The DNR will provide conditional approval if the ordinance or amendment is substantially compliant with the shoreland rules. If they deviate significantly, the DNR will suggest changes, but will not provide conditional approval until the changes have been made.

To request a DNR conditional review of a near final draft, submit the following items at least 30 days before a public hearing.

  1. The proposed ordinance or amendment as a Word document:
    1. showing all additions and/or deletions from the model ordinance or existing ordinance text, and
    2. Comments explaining these changes in the Word document. Explanatory comments will reduce back-and-forth communications and expedite the review
  2. Email explaining:
    1. What you are trying to accomplish with the proposed ordinance or amendment,
    2. Anticipated schedule for public meetings, public hearings, and adoption

An amendment to an existing ordinance may result in a comprehensive review of the entire shoreland ordinance for compliance with state rules in cases where:

  • the organization differs significantly from when it was last approved by the DNR,
  • a spot check reveals deviations from minimum standards with no record of DNR approval, or
  • there is strong citizen concern about non-compliance of the existing ordinance.

In these cases, the DNR will notify the local government and work with them to make any necessary changes to achieve compliance.

Step 4: Hold public hearing and revises ordinance/amendment consistent with DNR conditions

The local government holds a public hearing to consider the ordinance or amendment. The DNR comments and conditional approval letter are read and/or entered into the public record. The ordinance or amendment is revised according to DNR conditions of approval before adoption.

Step 5: Adopt ordinance/amendment and request DNR final approval of adopted ordinance/amendment

The local government adopts the ordinance or amendment and submits the final adopted ordinance to the DNR. The DNR will review the adopted ordinance or amendment for consistency with that receiving conditional approval. If they are consistent, the DNR will send a final approval letter to the local government and the ordinance or amendment will be effective.

To request DNR review and final approval of adopted ordinance or amendment, submit the following items within 10-days of adoption.

  1. Adopted ordinance or amendment signed and dated by the chief elected official (PDF document).
  2. Completed Ordinance Processing Checklist.

Local government requirements for shoreland ordinances

  • Minnesota statutes (103F.215 and 103F.221 ) and Minnesota rules (6120.2800, Subd. 1 ) requires counties and municipalities with shoreland within their boundaries to have a shoreland ordinance in substantial compliance with the state shoreland standards.
  • Minnesota statutes (414.033 Subd. 11 ) requires municipalities that annex shoreland to adopt a shoreland ordinance for that area or amend the existing shoreland ordinance to include that area.
  • Minnesota statutes (394.33 ) requires townships that take on zoning authority to have a shoreland ordinance that is at least as restrictive as the county shoreland ordinance. Towns are defined as a municipality per Minnesota statute (462.352 Subd. 2 )

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