A developer named Britta wants to subdivide a lakeshore parcel on a Recreational Development Lake in Minnesota into four residential lots. Three of the proposed lots meet the DNR's minimum shoreland lot width requirement, but the fourth lot has only 60 feet of shoreline frontage. The local county ordinance, which was adopted to meet DNR minimum standards, requires a minimum of 100 feet of shoreline frontage for new lots on Recreational Development Lakes. Britta argues that because the county ordinance was adopted only to meet DNR minimums, and the DNR minimum is what controls, she should be able to get a variance from the DNR directly. Which of the following most accurately describes the legal framework that applies?
Correct Answer
D) The county ordinance controls because local governments in Minnesota may adopt shoreland standards that are more restrictive than DNR minimums, and variances must be sought from the local government unit, not the DNR directly.
Under Minnesota's Shoreland Management Act (Minn. Stat. § 103F.201–103F.221) and Minn. Rules Ch. 6120, the DNR establishes minimum shoreland standards, but local governments (counties and municipalities) have authority to adopt ordinances that are MORE restrictive than the DNR minimums. Once a local ordinance is adopted, it is that local ordinance — not merely the DNR minimum — that governs land use within the shoreland area. Variances from local shoreland ordinances must be sought from the local government unit (e.g., the county board of adjustment), not from the DNR directly. Britta's argument that the DNR minimum overrides the county's more restrictive standard is legally incorrect. The county's 100-foot frontage requirement is valid and enforceable, and Britta must seek a variance from the county.
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