(a) Prohibition on official action. Pursuant to Minnesota Rules, part 4410.3100, the city may not make final decisions or issue permits that allow activities related to land development, alteration, or disturbance for any proposed development project subject to the environmental review requirements in this article, until:
(1) A petition for an EAW is dismissed;
(2) A negative declaration on the need for an EIS is issued;
(3) An EIS is determined adequate; or
(4) A variance is granted by the EQB in accordance with (c) below; or
(5) Emergency action is needed in accordance with (d) below.
For purposes of this article, official actions may include decisions related to preliminary and final plats, conditional use permits, preliminary or final development plans, final site and building plans, project related zoning amendments, fabrication of structures, granting of financial subsidies, and other similar development related activities. It does not include land surveying or mapping.
(b) Concurrent review. The city may issue notice of, and receive public comments on, a proposed development project or permit prior to completion of environmental review.
(c) Variance. Construction may begin on a project prior to completion of the environmental review process if the applicant applies for and is granted a variance from the EQB pursuant to Minnesota Rules part 4410.3100, subp. 4 to 7.
(d) Emergency action. In the rare situation when immediate action is essential to avoid or eliminate an imminent threat to the public health or safety or serious threat to natural resources, a proposed project may be undertaken without the environmental review that would otherwise be required by Minnesota State Statutes and Minnesota Rules. The city or applicant must demonstrate to the EQB chair, either orally or in writing, that immediate action is essential and must receive authorization from the EQB chair to proceed.
(Ord. 2021-26, passed 8-30-2021)