SB 1121 Summary

• Establishes permit requirements for uses in critical dune areas, with applicants bearing the burden of proof that proposed uses will not significantly damage public interest through depletion or degradation of dune diversity, quality, or functions.

• Allows local units of government to adopt zoning ordinances that are the same as or more protective than the state model zoning plan, and permits these ordinances to be more restrictive of development than state law allows.

• Prohibits permits for structures on the first lakeward facing slope of critical dune areas except on pre-July 5, 1989 lots without sufficient buildable area landward of the crest, with proposed construction placed as far landward as possible.

• Restricts variances and special exceptions for setback requirements to specific circumstances: nonconforming pre-1989 lots, lots affected by natural shoreline erosion, or properties with a critical dune ridge at least 500 feet inland (minimum 200-foot setback from foredune crest).

• Repeals the deadline provisions requiring local adoption of zoning ordinances by June 30, 1990, allowing local units to adopt ordinances at any time with department approval, and gives the department authority to implement the model zoning plan in jurisdictions without approved ordinances.