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WHYISTHECITYDOINGTHISNOW? <br />EnacƟng a Shoreland Ordinance at this Ɵme was precipitated by a lakeshore owner <br />requesƟng to build an addiƟon to their home within the 50 foot setback from the <br />water. <br /> <br />Up unƟl 2008, the Rice Creek Watershed District enforced the building setback. <br />However, their rules have been revised and they have removed this standard beͲ <br />cause legislaƟvely it is the City’s responsibility. <br /> <br />Without a Shoreland Ordinance in place, if a New Brighton shoreland owner reͲ <br />quested a building permit to build something within the 50 foot required setback (or <br />within 150 feet of Rush Lake), the City would have no authority to deny the request. <br /> <br />This puts the City at risk legally because under Minnesota Statutes 103F.221 the City <br />is required to have a Shoreland Ordinance (which includes a building setback from <br />the water’s edge). <br /> <br />AddiƟonally, Minnesota Statutes 103F.221, subd. 2 says if the City doesn’t enact an <br />ordinance, the Minnesota Department of Natural Resources can adopt an ordinance <br />on the City’s behalf and charge the City for all their costs to do so. <br /> <br />The City Council recognized these liabiliƟes and directed staī in January of 2014 to <br />develop an ordinance. <br /> <br /> <br /> <br /> <br />