Ask Mr. Answer Person: What process does Menard's have to go through to be able to build a store in Decorah?

The current City of Decorah zoning map, showing the proposed Menard's property as being zoned as a floodplain

In the wake of last Monday's decorahnews.com editorial about the proposed Menard's store in Decorah, there's been a lot of confusion about the approval process.  Here are the facts:

There are three approvals that will be needed:

1)      The Iowa DNR will have to approve Menard's application to fill in part of the floodplain.  Here's what the Iowa DNR website has to say about their process: "The Iowa Department of Natural Resources regulates construction on all flood plains and floodways in the state to protect life and property; and to promote the orderly development and wise use of Iowa's flood plains.  Any person who desires to construct or maintain a structure, dam, obstruction, deposit or excavation, or allow the same in any flood plain or floodway must contact the Iowa DNR prior to the beginning of any work. The DNR will help determine if the proposed project needs an approved flood plain development permit."

2)      If the Iowa DNR issues a fill permit, the next step is for a review by the City of Decorah's Planning & Zoning Commission.  Several readers have claimed that the only approval Menard's needs is from the Iowa DNR.  This is NOT the case!  The Planning & Zoning Commission must vote "yes" or "no" on a request from Menard's to change the zoning on the property.  The property is currently zoned Floodplain.  Menard's would submit a request to the City of Decorah to change the zoning to Highway/Commercial.  The property is NOT currently zoned Highway/Commercial, despite that claim by other readers (see the city's zoning map at the top of this story).  In 2012 the Decorah Planning & Zoning Commission approved a long-range vision of how the land in and around Decorah should be developed over the next 20 years or so.  The members of the P & Z Commission at that time suggested Highway & Commercial zoning for the property right along Old Stage Road, but NOT for the property near the river.

3)      If the Decorah Planning & Zoning Commission approves a request by Menard's to rezone the property, the Decorah City Council must vote to approve (or reject) the Zoning Commission's recommendation.  The city council can overturn the Planning & Zoning Commission's vote, which is really a recommendation, if that's what city council members feel is best for the city.

So there you have it—approval is a three-step process, with the Iowa DNR, Decorah Planning & Zoning Commission and Decorah City Council all required to weigh in with a decision.