HomeMy WebLinkAbout2011-07-18 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
July 18, 2011
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. June 20, 2011
5. New Business
6. Unfinished Business
a. Shoreland/Wetland Ordinance
b. Renewable Energy Ordinance
7. Visitor Presentations
8. Commission Presentations
a. 2011 Working Group/Subcommittee Reports
1) Trash Hauling
2) Greenways
3) Neighborhood Environmental Groups
9. Staff Presentations
a. Chicken Ordinance Update
b. Recycling in the Parks Update
c. Commission Appointments
d. City Dump Update
e. National Night Out (Tuesday, August 2,2011)
f. Taste of Maplewood (Friday and Saturday, August 19 and 20, 2011)
g. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday, June 20, 2011
Council Chambers, City Hall
1830 County Road BEast
A. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:00
p.m. by Chair Schreiner.
B. ROLL CALL
Bill Schreiner, Chair
Randee Edmundson, Vice Chair
Judith Johannessen, Commissioner
Carol Mason Sherrill, Commissioner
Dale Trippler, Commissioner
Ginny Yingling, Commissioner
Present
Present
Staff Present
Shann Finwall, Environmental Planner
C. APPROVAL OF AGENDA
Commissioner Trippler added
Response to Expanding the ENR Commission.
Commissioner Trippler
Seconded by
Ayes - All
The motion passed.
D. APPROVAL OF MINUTES
Approval of the April 18, 2011, ENR Minutes
Commissioner Yingling moved to approve the April 18. 2011. Environmental and Natural
Resources Commission Meetinq Minutes as submitted.
Seconded by Commissioner Johannessen.
Ayes - Commissioner's Edmundson,
Johannessen, Trippler &
Yingling
Abstention -Chair Schreiner,
Commissioner Mason
Sherrill
The motion passed.
June 20, 2011
Environmental and Natural Resources Commission Meeting Minutes
1
Approval of the May 16, 2011 ENR Minutes
Commissioner Yingling had a correction to the top of page 3, first line, which should read
Commissioner Yinqlinq inquired about increasinq fuel costs in the citv. Also in the 3rd line the
word complete should be completeg.
In I. 2. Living Streets Task Force, it should read Because all of the Commission members were
not present.
Commissioner Trippler moved to approve the Mav 16. 2011. Environmental and Natural
Resources Commission Meetinq Minutes as amended.
Seconded by Commissioner Edmundson
Ayes - Chair Schreiner,
Commissioner's Johannessen,
Mason Sherrill, & Yingling
Abstention - Commissioner Trippler,
Edmundson
The motion passed.
E. NEW BUSINESS
1. National Pollutant Discharge Elimination System Permit Presentation
a. Civil Engineer, Steve Kummer gave the report on the NPDES Permit process and
answered questions of the Commission.
b. Environmental Planner, Shann Finwall answered questions of the Commission.
The permit application requires the City to develop a Storm Water Pollution Prevision Plan
(SWPPP). The MPCA has established six minimum control measures the SWPPP must address.
They are:
Public Education and OLitreach
Public Participation and Inv'O'M~m~rt
Illicit Discharge, Detection andl;Iimination
Construction Site Storm Water Runoff Control
Post-Construction Storm Water Management
Pollution Prevention and Good Housekeeping
Maplewood's SWPPP defines the Best Management Practices (BMPs) the City intends to use to
minimize pollution from stormwater runoff for each of the six minimum control measures.
The Commission inquired if the city's storm sewer map was available on the city's website,
inquired about the street sweepings being placed in the old city dumpsite, and stormwater
education.
No action was needed for this item.
2. Resolution of Appreciation for Commissioner Carole Lynne
a. Environmental Planner, Shann Finwall gave the report on the resolution of appreciation for
Carole Lynne who resigned from the Commission. Ms. Lynne served on the Commission
for four years and five months, and also served on the Environmental Committee for two
years prior to her appointment on the Commission.
June 20, 2011
Environmental and Natural Resources Commission Meeting Minutes
2
Commissioner Trippler moved to approve the resolution of appreciation for Carole Lvnne.
Seconded by Commissioner Yingling.
Ayes - All
The motion passed.
F. UNFINISHED BUSINESS
1. Renewable Energy Ordinance
a. Environmental Planner, Shann Finwall gave the update on the renewable energy
ordinance and answered questions of the Commission.
The Commission requested the following changes to the ordinance:
-Allow wind turbines in residential zoning districts with neighborhood consent.
-Require that all commercial wind turbines that require a CUP come before the ENR Commission
in addition to the Planning Commission and City Council.
-Placement of wind turbines should be clarified for commercial turbines, some businesses might
not have a rear or side yard.
Minimum setback for a wind turbine to residential should
-Colors allowed on wind turbines should be colors that
and bats.
-Commercial wind turbines should be required to
migration periods.
the height of the turbine plus 25 feet.
the least amount of impact on birds
a
off mechanism during high bird
Commissioner Edmundson
outlined above.
Seconded by Commissioner
The motion passed.
Ayes - All
G. VISITOR PRESENTAnONS
1. Elizabeth Sletten, 274T€i:lereppe Street, Maplewood. Ms. Sletten discussed the NPDES and
a hydraulic spill at Health Ei;\$t in Maplewood.
H. COMMISSION PRESENTATIONS
1. 2011 Working Group/Subcommittee Reports
a) Trash Hauling - Staff stated the next trash hauling working group meeting is scheduled
for June 22, 2011, from 5:00 to 7:00 p.m. The final working group meeting is scheduled
for June 29, 2011. The working group will present the request for proposals for
comprehensive residential trash collection to the City Council on July 11, 2011.
b) Greenways - Staff stated that the Greenway Subcommittee planned for a
Holloway/Beaver Creek Greenway event in May. Unfortunately, not enough people
signed up for the event and it was canceled. The Greenway Subcommittee will now begin
discussions on educational materials for the Greenways and planning for next year's
focus which is the Phalen Chain of Lakes Greenway.
c) Neighborhood Environmental Groups - Commissioner Edmundson gave a report on
the Neighborhood Environmental Groups Subcommittee. As part of educating the public it
was discussed that a website should be put together as well as having a handout or guide
June 20, 2011
Environmental and Natural Resources Commission Meeting Minutes
3
which lists areas that Neighborhood Groups might be interested in such as energy or
stormwater. The guide would list resources and best practices. The Subcommittee will
continue to work on those two items throughout the year.
d) City Council Response to Expanding the ENR Commission - Commissioner Trippler
asked staff if they had found anything out regarding adding additional Commission
members as discussed by the Commission several months ago. Staff stated that the
Commission's request was listed in the annual report which was approved by the City
Council. However, the City Council did not discuss the request during the meeting. The
city is currently advertising for the vacant Commission position. The interviews for that
position will be held in July, with the new Commissioner beginning in August. Additionally,
there are two Commission members whose terms end September. Staff recommends
getting a full complement of Commissioners to see if attendance issues improve prior to
requesting an amendment to the ENR Commission ordinance to allow nine members
rather than seven.
I. STAFF PRESENTATION
1. Living Streets Task Force - Carol Mason Sherrill volunteered to serve on the Living Streets
Task Force.
2. Environmental and Natural Resources
to apply for an opening on the ENR
applications received. The City Council
Commission member would start in
Vacancy - The application deadline
2011. Currently there are two
in July and the new
3. Maplewood Nature Center
Center Programs. More information
651-249-2170.
upcoming Maplewood Nature
calling the Maplewood Nature Center at
J. ADJOURNMENT
Chair Schreiner
9:08 p.m.
June 20, 2011
Environmental and Natural Resources Commission Meeting Minutes
4
Agenda Item 6.a.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Shore land/Wetland Ordinance
July 14, 2011 for the July 18 ENR Commission Meeting
INTRODUCTION
The city council adopted a wetland ordinance in December 2009. Because wetlands adjacent
lakes are used by residents differently than freestanding wetlands, the city council included a
provision which allowed reduced buffer requirements for wetlands adjacent lakes. The
ordinance was written to sunset the reduced buffer requirement in 2012, or when the city
revises the shoreland ordinance to include regulations for these wetlands, whichever comes
first.
DISCUSSION
UMUC Capstone Proiect
In April 2011 Jana Haedtke, a student from the University of Maryland University College
(UMUC), presented her group's Capstone paper titled Maplewood Wetland and Shoreland
Regulations for Wetlands Adjacent Lakes. The paper compares wetlands adjacent lakes to
freestanding wetlands to determine if they are used or valued differently by the public and study
whether the functions of water quality, ecology, and wildlife habitat are different.
The students' research found that based upon ecological, wildlife, and water quality aspects,
wetlands adjacent lakes should be regulated just as strictly as freestanding wetlands, as all the
positive benefits of having a healthy ecological and wildlife system and good water quality are
the same for both types of wetlands, even though their functions may differ. But based solely
on social and economic aspects, particularly recreational uses and value, less stringent buffer
requirements would be justified.
Wetland Ordinance
Section 4.d. on page 8 of the attached wetland ordinance (Attachment 1) states the following:
Buffers for wetlands adjacent to lakes. I n light of the fact that lakes perform different
functions than wetlands and streams and are used for different recreational purposes,
wetlands adjacent to lakes and their designated buffers shall have alternative buffers.
The following alternative buffers for wetlands adjacent to lakes will apply until
December 31, 2012, or until the city adopts a new shoreland ordinance that includes the
regulation of these wetlands, whichever comes first.
Buffer
Wetland Classes (for Wetlands Adjacent to Lakes)
Manage A Manage B Manage C
75 ft. 50 ft. 50 ft.
Minimum Buffer Width
Shore land Rules
The City of Maplewood adopted its shore land ordinance in 1996 (Attachment 2). The ordinance
was drafted to meet the state shoreland rules currently in place.
The Minnesota Department of Natural Resources (DNR) conducted a rulemaking process in
2009 to update the statewide shoreland rules (Attachment 3). The draft rules were sent to state
agencies for final review and adoption in 2010. On August 11, 2010, Governor Tim Pawlenty
returned the draft shoreland rules to the DNR for further engagement and discussion, especially
with the 2011 Legislature.
Because the rules are still in draft form, the city is not required to modify our shoreland
ordinance to comply with the new requirements, but the state does encourage it. Additionally,
one of the Minnesota GreenStep Cities best practices, of which the City of Maplewood is a
participant, requires that a city adopt a shore land ordinance reflective of the draft state
shore land rules.
SUMMARY
This memorandum and attachments are intended to begin the dialogue on the ENR
Commission's initial review of the city's existing wetland and shoreland ordinances, and the
state's draft shoreland rules.
Attachments:
1. Wetland Ordinance
2. Shoreland Ordinance
3. Draft Shoreland Rules
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Attachment 1
ORDINANCE NO. 895
AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION
AND CRITICAL AREA ARTICLE OF THE CITY CODE
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
This amendment revises portions of Article VII. (Environmental Protection and Critical Area)
dealing with wetlands.
Section 1. Findings.
a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality
by filtering suspended solids and pollutants. They reduce flooding and erosion, provide
open space for human interaction, and are an integral part of the city's environment.
Depending upon their type, size, and location within a watershed, they represent
important physical, educational, ecological, aesthetic, recreational, and economic assets
of the city. Properly managed wetlands are needed to support the city's efforts to reduce
flooding and to protect the public health, safety, and general welfare.
b. Wetlands and buffers provide habitat for aquatic, semi-aquatic, and terrestrial wildlife,
including rare, threatened, or endangered species. They provide breeding, nesting and
feeding grounds for many forms of plant and animal life. Many species of wildlife require
both wetlands and their associated upland buffers for survival. Protecting wetlands and
buffers is essential for preserving the diversity of plant and animal species in the city.
c. Streams are also significant elements of the city's hydrologic system. Streams flow into
wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an
integral part of the city's environment. Like wetlands, streams are an important physical,
ecological, aesthetic, recreational, and economic asset.
d. Various existing state and federal laws restrict activities and development within
wetlands and streams. The city finds that development adjacent to and surrounding
wetlands may also degrade and pollute wetlands or accelerate the aging or elimination
of wetlands and that development next to streams may degrade, pollute, or damage
streams and, in turn, degrade other surface waters downstream. Regulating
development and land use around wetlands and streams is therefore in the public
interest.
e. As defined and used herein, buffers are land areas adjacent to wetlands and streams
that are deemed important for maintaining the health and valuable functions of such
wetlands and streams. Restricting development of and land use in buffers recognizes
that the surrounding upland impacts the quality and functions of wetlands and streams
and, therefore, is in the public interest.
f. Buffers planted with native or naturalized vegetation serve the following functions:
(1) Stabilize soil and prevent erosion.
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(2) Preserve and enhance the quality of surface water by reducing the input of
suspended solids, nutrients, and harmful chemical substances that may
adversely impact public health or aquatic habitat.
(3) Filter suspended solids, nutrients, pollutants, and harmful substances so that
they do not enter the wetland or stream.
(4) Moderate water level fluctuations during storms.
(5) Protect beneficial plant life and provide habitat for wildlife.
(6) Provide shade to reduce the temperature of both stormwater runoff and the
wetland, thereby helping to maintain the conditions for healthy aquatic life.
(7) Reduce the adverse impacts of human activities on wetlands and streams and
thereby preserve them in a natural state.
g. In addition to regulating development and land use around wetlands, this ordinance is
intended to educate the public (including appraisers, owners, potential buyers, and
developers) about the importance of wetlands and streams and the functions of buffers
and to encourage property owners who live adjacent to and/or near wetlands and
streams to be responsible stewards by managing and enhancing the quality of buffers as
hereinafter described.
Section 2. Definitions.
The following words, terms, and phrases when used in this ordinance shall have the meanings
ascribed to them in this section, except where the context of the word, terms, and phrases
clearly indicates a different meaning.
Administrator means the director of the community development department or other person or
persons charged with the administration and enforcement of this ordinance.
A/teration means human action that adversely affects the vegetation, hydrology, wildlife or
wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging,
draining, paving, construction, application of gravel, discharging pollutants (including herbicides
and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration
also includes the mass removal or mass planting of vegetation by means of cutting, pruning,
topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance
designed to kill plant life. Alteration does not include the following activities in a buffer:
a. Walking, passive recreation, fishing, or other similar low-impact activities.
b. The maintenance of pre-existing, nonconforming lawn area.
c. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous
in a manner that does not cause the compacting or disturbing of soil through vehicle or
equipment use.
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d. The removal of noxious weeds by non-chemical methods, or by means of chemical
treatment in accordance with application methods that prevent the introduction of toxic
chemicals into wetlands and streams.
e. The removal of non-native shrubs, such as buckthorn, if:
1. there is little chance of erosion; and
2. site is flat or generally has slopes less than 6 percent grade; and
3. cut and treat method of removal is used on shrubs more than one-half (Y:!) inches
in diameter (not pulling).
f. Selective management of vegetation as follows:
1. Selective pruning of trees or shrubs in order to enhance their health.
2. Selective removal of tree saplings (less than 2 inches in diameter) in order to
enhance wildlife value of the buffer.
3. Selective removal of non-native trees.
4. Selective removal of non-native weeds.
5. Selective seeding or planting of vegetation that is native to Minnesota.
g. Installation of temporary fencing without footings.
h. Projects within the buffer that are the subject of a wetland buffer management worksheet
approved by the administrator.
Best manaGement practices (BMP's) mean measures taken to minimize negative effects of
stormwater runoff on the environment including, but not limited to, installation of rain gardens,
infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction
of impervious surfaces, planting of deep-rooted native plants, landscape and pavement
maintenance.
Buffers are land areas adjacent to wetlands and streams in which development and land use
are restricted as set forth herein and in which the growth of native and naturalized plants and
trees are to be preserved and encouraged in accordance with this ordinance.
clearina means the cutting or removal of vegetation.
Enhancement means an action that increases the functions and values of a wetland, stream, or
buffer.
Erosion means the movement of soil or rock fragments, or the wearing away of the land surface
by water, wind, ice, and gravity.
Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the
ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event.
Lake means an area of open, relatively deep water that is large enough to produce a wave-
swept shore. Lake shall also be defined as a "public water" as delineated and listed in the city's
shoreland ordinance (Article IX).
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Larae-scale proiect means a vegetation maintenance, control, removal, mitigation or restoration
project that will affect more than fifty percent (50%) of a buffer located on a piece of property.
Lawn area means that area within a buffer with maintained landscape, including areas of
mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent
structures. Lawn area does not include: (1) areas within a buffer consisting of native or
naturalized vegetation; and (2) the land area that is outside of a buffer.
Minnesota Routine Assessment Method (MnRAM) is a scientific methodology to assess the
quality of wetlands.
Mitiaation means an action that reduces, rectifies, eliminates, or compensates for the alteration
of a buffer or wetland.
Native area means an area where native vegetation exists.
Native veaetation means tree, shrub, grass, or other plant species that are indigenous to the
Twin Cities metropolitan area and that could have been expected to naturally occur on the site.
Native vegetation does not include noxious weeds.
Naturalized area means an area where naturalized vegetation exists and does not include a
lawn area.
Naturalized veaetation means tree, shrub, grass, or other plant species that exists on a site
naturally without having been planted or maintained as a lawn area. It may be a native or non-
native species.
Nonconformina lawn area means that area within a buffer with maintained landscape (lawn
area) as of the date of adoption of this ordinance. Once a nonconforming lawn area is
converted to native or naturalized buffer, it loses its legal nonconforming status and may not
thereafter be treated as a nonconforming lawn area.
Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed
Law. (See also weed.)
Ordinary hiah water mark (OHWM) means a mark delineating the highest water level
maintained for enough time to leave evidence upon the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial.
Public waters means water basins assigned a shoreline management classification by the
Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections
103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural
environment lakes.
Rain aarden means an infiltration basin that is planted as a garden that allows water to infiltrate
within forty-eight (48) hours of a storm event.
Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is
similar to that before development of the surrounding area.
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Selective means vegetation management done in a naturalized or native buffer, where a
minimal amount of vegetation is altered, with the goal of improving ecological quality of the
buffer andlor its ability to filter stormwater runoff.
Semipublic means land that is maintained by a private organization for public use.
Setback means the minimum horizontal distance between a structure and the nearest edge of
the wetland, stream, or buffer.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Stormwater pond means a pond that has been created to capture stormwater runoff. It is a
natural wetland. Stormwater is often piped into stormwater ponds but may also enter through
sheet runoff.
Stormwater pond edge means the normal high water level for a stormwater pond.
Straiaht-edae setback is a measurement to determine the allowable setback of an addition to an
existing house, garage, deck or driveway which is located closer to or within the required buffer.
Straight-edge setback additions are measured by using the existing edge of the house, garage,
deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that
line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer,
wetland, or stream than the existing structure.
Stream means those areas where surface waters produce a defined channel or bed. A defined
channel or bed is land that clearly contains the constant passage of water under normal
summer conditions.
Structure means anything constructed or erected that requires location on the ground or
attached to something having location on the ground.
Sustainable design means a development design which minimizes impacts on the landscape.
Temporary erosion control means methods of keeping soil stable during construction or grading.
Temporary erosion control measures include, but are not limited to, silt fencing, erosion control
blankets, bale slope barriers, or other best management erosion control methods approved by
the city.
Variance means a deviation from the standards of this ordinance that is not specifically allowed.
Vegetation means any plant life growing at, below, or above the soil surface.
Weed means a plant which causes damage in some way to native vegetation or ecosystems.
(See also noxious weed.)
Wetlands means those areas of the city inundated or saturated by groundwater or surface water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a
person has removed or mostly changed the vegetation, one shall determine a wetland by the
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presence or evidence of hydric or organic soil and other documentation of the previous
existence of wetland vegetation such as aerial photographs. This definition does not include
lakes or stormwater ponds as herein defined.
Wetlands adiacent to lakes means those areas of land or vegetation that have been classified
as wetlands by an applicable Watershed District in accordance with the Minnesota Routine
Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as
defined herein.
Wetland classes are defined follows:
a. Manaae A wetlands are based on the "Preserve" wetland classification as defined in
MnRAM. These wetlands are exceptional and the highest-functioning wetlands in
Maplewood.
b. Manaae B wetlands are based on the "Manage 1" wetland classifications as defined in
MnRAM. These wetlands are high-quality wetlands.
c. Manaae C wetlands are based on the "Manage 2" wetland classifications as defined in
MnRAM. These wetlands provide moderate quality.
d. Stormwater Pond - These are ponds created for stormwater treatment. A stormwater
pond shall not include wetlands created to mitigate the loss of other wetlands.
Wetland functions mean the natural processes performed by wetlands. These include providing
wildlife food and habitat, maintaining the availability of water, purifying water, acting as a
recharge and discharge area for groundwater aquifers, moderating the flow of surface water and
stormwater, and performing other functions including but not limited to those set out in U.S.
Army Corps of Engineers regulations.
Wetland buffer manaaement worksheet is a printed form available through the community
development department which is required to be completed by a property owner who wishes to
undertake certain activities in a wetland or stream buffer. The activities proposed by the
property owner on the worksheet must be approved by the administrator prior to any work in the
buffer.
Wetland or stream edae means the line delineating the outer edge of a wetland or stream. The
wetland edge shall be established using the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental
Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and
the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal
Government. The applicable watershed district must verify this line.
Section 3. Applicability and Effective Date.
a. Applicability.
1. This ordinance shall take effect after the city publishes it in the official
newspaper.
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2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all
real property which is located in a wetland, stream, or buffer or any person or use
that would alter a wetland, stream, or buffer after adoption of this ordinance
(December 14, 2009).
3. The city adopts the wetland classification map dated December 14, 2009, which
is based on wetland classifications from the MnRAM studies and assigned by the
applicable watershed district. Other wetland classification regulations are as
follows:
a. The city council will adopt changes to the wetland map which are based
on MnRAM studies conducted and approved by watershed districts.
b. Any wetland not currently assigned a classification based on MnRAM
studies as of the date of the adoption of this ordinance (December 14,
2009) shall carry over the city's April 24, 1995, wetland classifications and
shall be assigned the following management classes:
1) Class 1 wetlands are defined as Manage A wetlands.
2) Class 2 wetlands are defined as Manage A wetlands.
3) Class 3 wetlands are defined as Manage B wetlands.
4) Class 4 wetlands are defined as Manage C wetlands.
5) Class 5 wetlands are defined as stormwater ponds.
c. Wetlands adjacent to lakes will be regulated by this ordinance until
December 31, 2012, or until the city adopts a new shoreland ordinance
that includes the regulation of these wetlands, whichever occurs first.
d. Appeals to the wetland classifications are within the jurisdiction of the
applicable watershed district and shall be filed and heard pursuant to the
administrative review process of that district. I n the event that an appeal
is granted, the city will recognize the results of that appeal for purposes of
the classification of wetlands within the city.
4. When any provision of any ordinance conflicts with this ordinance, the provision
that provides more protection for buffers, wetlands, or streams shall apply unless
specifically provided otherwise in this ordinance. This also applies to the
applicable watershed district regulations.
b. Exemptions. This section does not apply to the following property located in the city
limits of Maplewood:
1. Property which is located within a buffer, but is separated from the wetland or
stream by an existing road.
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2. Buildings and structures not in conformity with the regulations prescribed in this
ordinance as of its effective date shall be regarded as nonconforming and may
continue.
3. Lawn areas not in conformity with regulations prescribed in this ordinance as of
its effective date shall be regarded as nonconforming and may continue. A
nonconforming lawn area will lose its legal nonconforming status if it is converted
to native or naturalized buffer and may not thereafter be treated as a lawn area.
Section 4. Buffer Widths and Requirements.
a. Minimum buffers. The following are the minimum required buffer widths and structure
setbacks:
Buffer
Wetland Classes
Manage A
& Streams Manage B
Stormwater
Manage C Pond
Minimum Buffer Width
100 ft.
75 ft.
50 ft.
10 ft.
Structure Setback from
Edge of Buffer
o
o
o
10ft.
b. Buffer measurement. Buffers shall be measured from the wetland or stream edge.
c. Buffers containing slopes. For new development or construction on slopes greater
than eighteen percent (18%) that are within a buffer, the buffer width shall be increased
to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes
shall apply to all wetland classes.
d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different
functions than wetlands and streams and are used for different recreational purposes,
wetlands adjacent to lakes and their designated buffers shall have alternative buffers.
The following alternative buffers for wetlands adjacent to lakes will apply until
December 31, 2012, or until the city adopts a new shoreland ordinance that includes the
regulation of these wetlands, whichever comes first.
Buffer
Wetland Classes (for Wetlands Adjacent to Lakes)
Manage A Manage B Manage C
Minimum Buffer Width
75 ft.
50ft.
50ft.
e. Average Buffers: Recognizing that there are instances where, because of the unique
physical characteristics of a specific parcel of land, the averaging of buffer width for the
entire parcel may be necessary to allow for the reasonable use of the land during a
development or construction project. In such cases decreasing the minimum buffer
width will be compensated for by increased buffer widths elsewhere in the same parcel
to achieve the required average buffer width.
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1. The average buffer standards set forth below may be applied based on an
assessment of the following:
a) Undue hardship would arise from not allowing the average buffer, or
would otherwise not be in the public interest.
b) Size of parcel.
c) Configuration of existing roads and utilities.
d) Percentage of parcel covered by wetland.
e) Configuration of wetlands on the parcel.
f) Averaging will not cause degradation of the wetland or stream.
g) Averaging will ensure the protection or enhancement of portions of the
buffer which are found to be the most ecologically beneficial to the
wetland or stream.
2. The following are the average buffer widths:
Buffer
Wetland Classes
Manage A
& Streams Manage B Manage C
Minimum Buffer Width
75 ft.
50 ft.
50 ft.
Average Buffer Width
100 ft.
75 ft.
NIA
3. Average buffer measurement. Average buffer measurement shall be determined
by averaging the buffer along the wetland edge situated on the subject property,
not the entire wetland.
4. A mitigation plan is required for construction of development projects which meet
the requirements described in Section 5.d. (Mitigation).
5. The appropriateness of using average buffers will be evaluated as part of the
review of the contractor's or owner's development application. The average
buffer used must be within the spirit and intent of this ordinance and must meet
one or more of the requirements described in Section 7 (Best Management
Practices).
6. The administrator must approve the average buffer.
7. If an average buffer is denied by the administrator, an applicant may appeal the
denial by submitting a written appeal request to the administrator within fifteen
(15) days of the administrator's written denial of the average buffer. The
administrator shall send appeals of average buffers to the environmental and
natural resources commission for review.
9
8. If an average buffer is denied by the environmental and natural resources
commission, an applicant may appeal the denial by submitting a written appeal
request to the administrator within fifteen (15) days of the commission's denial of
the average buffer. The administrator shall send these appeals to the city council
for final review.
Section 5. Development and Construction.
a. Unless an exemption applies, the following development and construction activities are
not allowed in wetlands, streams, or buffers:
1. Alterations, including the filling of wetlands.
2. The construction of structures.
3. Projects which convert native or naturalized areas to lawn area.
4. The construction of stormwater drainage facilities, sedimentation ponds,
infiltration basins, and rain gardens within a buffer.
5. Discharge of stormwater to a wetland not in compliance with the city's
stormwater management ordinance (Section 44-1245, or subsequent
ordinances).
b. Exem ptions. This section does not apply to the following activities in a buffer:
1. Walking, passive recreation, fishing or other similar low-impact activities.
2. The maintenance of pre-existing, nonconforming lawn area.
3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or
hazardous in a manner that does not cause the compacting or disturbing of soil
through vehicle or equipment use.
4. The removal of noxious weeds by non-chemical methods, or by means of
chemical treatment in accordance with application methods that prevent the
introduction of toxic chemicals into wetlands and streams.
5. The removal of non-native shrubs, such as buckthorn, if:
a) there is little chance of erosion; and
b) site is flat or generally has slopes less than 6 percent grade; and
c) cut and treat method of removal is used on shrubs more than one-half (Y:!)
inches in diameter (not pulling).
6. Selective management of vegetation as follows:
a) Selective pruning of trees or shrubs in order to enhance their health.
b) Selective removal of tree saplings (less than 2 inches in diameter) in
order to enhance wildlife value of the buffer.
c) Selective removal of non-native trees.
10
d) Selective removal of non-native weeds.
e) Selective seeding or planting of vegetation that is native to Minnesota.
7. Installation of temporary fencing without footings.
8. Projects within the buffer that are the subject of a wetland buffer management
worksheet approved by the administrator.
9. Public or semi-public streets and utilities. The city council may waive the
requirements of this ordinance for the construction or maintenance of public or
semipublic streets and utilities through buffers where it determines that there is a
greater public need for the project than to meet the requirement of this ordinance.
I n waiving these requirements the city council shall apply the following standards:
a) The city may only allow the construction of public or semipublic utilities
and streets through buffers where there is no other practical alternative.
b) Before the city council acts on the waiver the planning commission and
the environmental and natural resources commission shall make a
recommendation to the city council. The planning commission shall hold a
public hearing for the waiver. The city shall notify the property owners
within five hundred (500) feet of the property for which the waiver is being
requested at least ten (10) days before the hearing.
c) Utility or street corridors shall not be allowed when endangered or
threatened species are found in the buffer.
d) Utility or street corridors, including any allowed maintenance roads, shall
be as far from the wetland as possible.
e) Utility or street corridor construction and maintenance shall protect the
wetland and buffer and avoid large trees as much as possible.
f) The city shall not allow the use of pesticides or other hazardous or toxic
substances in buffers or wetlands; however, in some situations the use of
herbicides may be used if prior approval is obtained from the
administrator.
g) The owner or contractor shall replant utility or street corridors with
appropriate native vegetation, except trees, at preconstruction densities
or greater after construction ends. Trees shall be replaced as required by
city ordinance.
h) Any additional corridor access for maintenance shall be provided as much
as possible at specific points rather than to the road which is parallel to
the wetland edge. If parallel roads are necessary they shall be no greater
than fifteen (15) feet wide.
i) The city council, upon recommendation of the administrator, may require
additional mitigation actions as a condition of granting the waiver.
11
10. Public or semipublic trails. The city may waive the requirements of this
ordinance for the construction or maintenance of public or semipublic trails
through buffers, and boardwalks in wetlands, where it determines that there is a
greater public need for the project than to meet the requirement of this ordinance.
In waiving these requirements the city shall apply the following standards:
a) Trails shall not be allowed when endangered or threatened species are
found to be present in the buffer.
b) Buffers shall be expanded, equal to the width of the trail corridor.
c) The owner or contractor shall replant all disturbed areas next to the trail in
a timeframe approved by the city.
d) All necessary erosion control measures must be in place before
constructing a trail. The erosion control measures must also be
maintained and inspected by the city to ensure that the wetland or stream
is not compromised by trail construction activities.
e) The trail must be designed and constructed with sustainable design
methods.
f) Boardwalks are allowed within the buffer and shall be a maximum of six
(6) feet in width for semipublic use and twelve (12) feet in width for public
use.
g) The administrator may require additional mitigation actions as specified in
Section 5.d. (Mitigation).
c. Construction Practices. Special construction practices shall be required on projects or
developments adjacent to wetlands and adjacent to and in their buffers. Special
construction practices shall be approved by the administrator before issuance of a
grading or building permit. Such practices may include, but are not limited to, grading,
sequencing, vehicle tracking platforms, additional silt fences, and additional sediment
control. They may also include the following:
1. Wetland Buffer Sign Standards: The city may require that a property owner or
developer install wetland signs before grading or starting construction. The buffer
will be identified by installing wetland signs on the boundary between a buffer
and adjacent land. These signs shall mark the edge of the buffer and shall state
there shall be no building, mowing, cutting, filling, or dumping beyond this point.
These signs shall be installed at each lot line where it crosses a wetland or
stream buffer, and where needed to indicate the contour of the buffer, with a
maximum spacing of one-hundred (100) feet of wetland or stream edge.
2. Erosion Control Installation: Before grading or construction, the owner or
contractor shall put into place erosion control measures around the borders of
buffers. Such erosion control measures must remain in place until the owner and
contractor have finished all development activities that may affect the buffer.
12
3. Erosion Control Breaches: All erosion control measures must be maintained and
inspected to ensure compliance and protection of wetlands, streams, and buffers.
The owner or contractor shall be responsible for all erosionlsedimentation
breaches within the buffer and shall restore impacted areas to conditions present
prior to grading or construction activities.
4. Erosion Control Removal: After completion of grading or construction, the
contractor or owner may remove the erosion control measures only after
inspection and approval by the city and the applicable watershed district to
ensure the areas affected have been established per requirements.
5. Platting: When platting or subdividing property, the plat or subdivision must show
the wetland boundaries as approved by the applicable watershed district.
6. It is the responsibility of the owner to alleviate any erosion during and after
completion of grading or construction. The owner or contractor must remove
erosion control measures after final approved inspection by the city and the
applicable watershed district.
d. Mitigation. For large-scale projects or new development or construction, the city
requires mitigation when a property owner or contractor has altered or will alter a
wetland or buffer. The property owner or contractor shall submit a mitigation plan to the
administrator for approval. In reviewing the plan, the city may require one or more of the
following actions:
1. Reducing or avoiding the impact by limiting the degree or amount of the action,
such as by using appropriate technology.
2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer.
3. Reducing or eliminating the impact over time by prevention and maintenance
operations during the life of the actions.
4. Compensating for the impact by replacing, enhancing, or providing substitute
buffer land at a two-to-one ratio.
5. Monitoring the impact and taking appropriate corrective measures.
6. Where the city requires restoration or replacement of a buffer, the owner or
contractor shall replant the buffer with native vegetation. A restoration plan must
be approved by the city before planting.
7. Any additional conditions required by the applicable watershed district andlor the
soil and water conservation district shall apply.
8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of
one hundred and fifty percent (150%) of estimated cost for mitigation. The surety
will be required based on the size of the project as deemed necessary by the
administrator. Funds will be held by the city until successful completion of
restoration as determined by the city after a final inspection. Wetland or buffer
13
mitigation surety does not include other sureties required pursuant to any other
provision of city ordinance or city directive.
Section 6. Activities in Wetlands, Streams, and Buffers.
a. Unless an exemption applies, the following activities are not allowed in wetlands,
streams, or buffers:
1. Alterations, including the filling of wetlands.
2. The construction of structures.
3. Projects which convert native or naturalized areas to lawn area.
4. The construction of stormwater drainage facilities, sedimentation ponds,
infiltration basins, and rain gardens within a buffer.
5. The discharging of stormwater to a wetland must comply with the city's
stormwater management ordinance (Section 44-1245, or subsequent stormwater
ordinances).
b. Wetland buffer management worksheet. A wetland buffer management worksheet is
required for certain activities within a wetland and stream buffer:
1. The administrator must approve wetland buffer management worksheets.
2. If a wetland buffer management worksheet is denied by the administrator, an
applicant may appeal the denial by submitting a written appeal request to the
administrator within fifteen (15) days of the administrator's written denial of the
average buffer. The administrator shall send appeals of average buffers to the
environmental and natural resources commission for review.
3. If a wetland buffer management worksheet is denied by the environmental and
natural resources commission, an applicant may appeal the denial by submitting
a written appeal request to the administrator within fifteen (15) days of the
commission's denial of the average buffer. The administrator shall send these
appeals to the city council for final review.
c. Exemptions. This section does not apply to the following activities in a buffer:
1. Walking, passive recreation, fishing or other similar low-impact activities.
2. The maintenance of pre-existing, nonconforming lawn area.
3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or
hazardous in a manner that does not cause the compacting or disturbing of soil
through vehicle or equipment use.
4. The removal of noxious weeds by non-chemical methods, or by means of
chemical treatment in accordance with application methods that prevent the
introduction of toxic chemicals into wetlands and streams.
14
5. The removal of non-native shrubs, such as buckthorn, if:
a) there is little chance of erosion; and
b) site is flat or generally has slopes less than 6 percent grade; and
c) cut and treat method of removal is used on shrubs more than one-half (Y:!)
inches in diameter (not pulling).
6. Selective management of vegetation as follows:
a) Selective pruning of trees or shrubs in order to enhance their health.
b) Selective removal of tree saplings (less than 2 inches in diameter) in
order to enhance wildlife value of the buffer.
c) Selective removal of non-native trees.
d) Selective removal of non-native weeds.
e) Selective seeding or planting of vegetation that is native to Minnesota.
7. Installation of temporary fencing without footings.
8. Projects within the buffer that are the subject of a wetland buffer management
worksheet approved by the administrator.
9. For properties that are zoned single or double-dwelling residential or are used as
a single or double-dwelling residential use:
a) The use, maintenance, and alteration of existing nonconforming lawn
area for the purpose of outdoor enjoyment which may include gardening,
nonpermanent structures (including such things as storage sheds under
120 square feet in area, swing sets and volleyball nets), impervious
patios, or fire pits.
b) Work within a wetland, stream, or buffer which was approved by the
Minnesota Department of Natural Resources water permitting process
and access to those areas by a trail which is limited to the width of the
permit.
Section 7. Best Management Practices.
The city encourages and in some cases requires that best management practices be
implemented to minimize negative effects of stormwater runoff on the environment and the loss
of wildlife habitat when a property owner or contractor has altered or will alter a wetland, stream,
or buffer. Best management practices may include the following:
a. Restore buffer with native plantings. For large-scale projects or new development or
construction refer to Section 5.d. (Mitigation).
b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota
noxious weed list must be controlled by the property owner. Owners are encouraged to
control other weeds that are not on the noxious weed list but can threaten the health of a
wetland. Submittal of a wetland buffer management worksheet is required for
management of weeds within the native and naturalized areas of buffers, except for
selective treatment. In addition, a management plan drafted by a professional
15
experienced in wetland and stream restoration may be needed for large-scale projects or
new development including:
1. Target weeds.
2. Appropriate management techniques, including the use of chemical treatment if
approved by the administrator as part of the management plan.
3. Management schedule.
4. Erosion control and reseeding if management will create large areas of dead
vegetation.
5. Cash escrow or letter of credit to cover 150 percent of the required work.
c. Reduce stormwater runoff andlor improve the quality of stormwater runoff
entering a wetland or stream. This may be achieved through the following strategies
or other administrator approved best management practices for dealing with stormwater.
These practices are to be located outside of the wetland buffer.
1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower
driveways, shared parking with other businesses).
2. Use pervious pavement such as pavers or porous asphalt.
3. Use turf pavers or modified turf areas for overflow parking.
4. I nstall rain garden or infiltration basin.
5. I nstall rock trench or rock pit.
6. Install filter strip of grass or native vegetation.
7. Install surface sand filter or underground filter.
8. Install native plantings on site to reduce fertilizer use and improve infiltration.
9. Install a green roof on buildings.
10. Install grit chambers, sediment traps, or forebays.
Section 8. Variances.
a. Procedures. Procedures for granting variances from this ordinance are as follows:
1. The city council may approve variances to the requirements in this ordinance.
2. Before the city council acts on a variance the environmental and natural
resources commission will make a recommendation to the planning commission,
who will in turn make a recommendation to the city council. The planning
commission shall hold a public hearing for the variance. The city shall notify
16
property owners within five hundred (500) feet of the property for which the
variance is being requested at least ten (10) days before the hearing.
3. The city may require the applicant to mitigate any wetland, stream, or buffer
alteration impacts with the approval of a variance, including but not limited to,
implementing one or more of the strategies listed in Section 5.d. (Mitigation).
4. To approve a variance, the council must make the following findings as depicted
in Minnesota Statutes, section 44-13:
a) Strict enforcement would cause undue hardship because of
circumstances unique to the property under consideration. The term
"undue hardship" as used in granting a variance means the owner of the
property in question cannot put it to a reasonable use if used under
conditions allowed by the official controls; the plight of the landowner is
due to circumstances unique to his property, not created by the
landowner; and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone are not an undue
hardship if reasonable use for the property exists under the terms of this
ordinance.
b) The variance would be in keeping with the spirit and intent of this
ordinance.
b. Exemptions to Variances. Variances are not needed for the following:
1. A nonconforming single or double-dwelling residential structure which loses its
nonconforming status as described in Minnesota Statutes, section 462.357,
subdivision 1 (e) is allowed to be rebuilt on its same footprint in its entirety
(including foundations and decks) in the buffer if the new single or double-
dwelling family residential structure meets the following conditions:
a) Best management practices are implemented to help protect the wetland
as described in Section 7 (Best Management Practices). The
administrator approves the location and best management practices
through the building permit process.
b) All other applicable building ordinance requirements are met.
2. A nonconforming manufactured home which is located within a wetland buffer
can be replaced with a new manufactured home without approval of a variance
as long as the replacement meets with the requirements of Minnesota Statutes,
section 462.357, subdivision 1 (a).
3. Additions to a nonconforming single or double-dwelling family house, garage,
deck, or driveway using the existing straight-edge setbacks to a wetland or
stream if the following apply:
a) Property that is zoned single or double-dwelling residential or is being
used as a single or double-dwelling residence.
17
b) There is no other reasonable alternative than encroachment toward the
wetland or stream with the addition.
c) The new addition of the house, garage, deck, or driveway is a minimum of
twenty-five (25) feet from the wetland or stream edge.
d) The process of constructing the addition does not cause degradation of
the wetland, stream, or the existing buffer.
e) Mitigation actions must be met as specified in Section 5.d. (Mitigation).
Section 9. Enforcement.
The city reserves the right to inspect the site or property during regular city business hours or
upon notice to the property owner or its designated representative one business day in advance
if the inspection is to occur at a different time for compliance with this ordinance during
development or construction or alteration pursuant to an approved wetland buffer management
worksheet or plan.
The city shall be responsible for the enforcement of this ordinance. Any person who fails to
comply with or violates any section of this ordinance may be charged with a misdemeanor and,
upon conviction, shall be subject to punishment in accordance with misdemeanor level
convictions as set by State Statute. The violator may be civilly fined andlor liable for restoration
costs as well. All land use building and grading permits shall be suspended until the developer
has corrected the violation. Each day that a separate violation exists shall constitute a separate
offense.
The city council approved the first reading of this ordinance on November 9, 2009.
The city council approved the second reading of this ordinance on December 14, 2009.
Signed:
Will Rossbach, Mayor
Date
Attest:
Karen Guilfoile, City Clerk
18
Attachment 2
ARTICLE IX. SHORELAND OVERLAY DISTRICT
January 22, 1996
Sec. 36-561. Authorization, purpose and objectives.
(a) Authorization: State Statutes and regulations authorize Article IX. The specific sources are
Minnesota Statutes, Chapter 105 (Division of Waters, Soils and Minerals); Minnesota Regulations,
Parts 6120.2500--B120.3900 and Minnesota Statutes, Chapter 462 (the planning and zoning
enabling legislation).
(b) Purpose and objectives: The purpose of this article is to provide specific regulations to
protect the City's shorelands. It is in the public's best interest to provide for the wise subdivision, use
and development of shorelands. To accomplish this purpose, Article IX has the following objectives:
(1) Protect, preserve and enhance the quality of surface waters.
(2) Protect the natural environment and visual appeal of shore lands.
(3) Protect the general health, safety and welfare of City residents.
Sec. 36-562. Definitions.
The following words shall have the following meanings:
Average lot area: The average of the lot areas within a single development. All lots must be
divided together to be included in the average lot area. For a single lot, the minimum allowable area
shall be no less than the average lot area requirement.
Bluff: A topographic feature such as a hill, cliff or embankment having all of the following
characteristics (land with an average slope of less than 18 percent for 50 feet or more shall not be
considered part of the bluff):
(1) Part or all of the feature is in a shoreland;
(2) The slope rises at least 25 feet above the ordinary high water level;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward a public water.
Bluff impact zone: A bluff and land that is within twenty feet of the top of a bluff.
Boathouse: A structure designed and used solely for the storage of boats or boating equipment.
Commissioner: The Commissioner of the Department of Natural Resources or his or her
representative.
Intensive vegetation clearing: The complete removal of trees or shrubs in a specific patch, strip,
row or block.
Nonpoint source pollutant: A contaminant that enters water by washing off the land or seeping
into ground water, which alters the physical, chemical or biological properties of water or the
1
discharge into water of any substance that may create a nuisance or make such water detrimental or
harm the public health, safety or welfare.
Ordinary high water level: The boundary of public waters. For lakes, this boundary shall be at an
elevation delineating the highest water level that has existed for a sufficient time to leave evidence
upon the landscape. This evidence is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For creeks, the ordinary high water level
shall be the elevation of the top of the bank of the channel.
Public waters: Any waters as defined in Minnesota Statutes, Section 105.37, Subdivisions 14
and 15.
Regional flood: A flood that represents the large floods known to have occurred in Minnesota.
Such a flood is characteristic of what a person can expect to occur about once every one hundred
(100) years.
Shore impact zone: The land between the ordinary high water level and a line parallel to it at a
setback of 50 percent of the structure setback.
Shoreland: Land that is within the shoreland overlay district on the City's zoning maps.
Shoreline: The boundary of a public water.
Steep slope: Land having average slopes over twelve (12) percent, as measured over horizontal
distances of fifty (50) feet or more, that are not bluffs.
Surface water-oriented use: The use of land where access to and use of a lake is an integral
part of the normal use. Marinas, resorts and restaurants with transient docking facilities are examples
of such a use.
Toe of the bluff: The lower point of a fifty (50)-foot land segment with an average slope
exceeding eighteen (18) percent.
Top of the bluff: The higher point of a fifty (50)-foot land segment with an average slope
exceeding eighteen (18) percent.
Urban runoff: Storm water that flows over land or through a manufactured drainage system.
Water-oriented accessory structure: A small, above-ground building or other improvement that
the owner needs to locate closer to public waters than the normal structure setback. Such a setback
would be because of the relationship of its use to a surface water feature. Examples of such
structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses or
freestanding decks. The definition of water-oriented accessory structures or facilities shall not include
stairways, fences, docks or retaining walls.
Wetland: A surface water feature as defined in Chapter 103g of State Statute (The Wetland
Conservation Act).
Sec. 36-563. Shoreland Overlay Districts.
(a) Maplewood hereby creates a shoreland overlay district, with its attendant regulations, as
part of the zoning ordinance. This district shall overlay existing zoning districts, so that any parcel of
land lying in the overlay district also shall lie in one or more of the underlying zoning districts.
(b) Within the overlay district, the City shall permit all uses allowed by the underlying zoning
2
district(s), if the proposed uses meet the additional requirements in this Article.
(c) Article IX shall only apply to the shoreland districts on the official zoning maps. These
maps shall be on file in the office of the Director of Community Development. The City has classified
the affected waters in Section 36-565.
(d) The City staff may reduce the limits of a shoreland on the zoning map whenever the
commissioner decides that a public water has topographic divides that are closer to the public water
than the shore land boundary on the zoning map.
Sec. 36-564. Notifications to the commissioner.
(a) The City shall send public hearing notices for amendments, subdivisions, plats, variances
or conditional uses under this article to the commissioner. The City shall mail such notices at least
ten days before the hearings. Hearing notices about subdivisions shall include copies of the
subdivision.
(b) The City shall send a copy of approved amendments, subdivisions, variances or
conditional uses under this article to the commissioner. The City shall mail all such approvals within
ten days of final action. When the City approves a variance after the commissioner has
recommended denial, the notification of the approved variance shall include the City Council's
minutes of the public hearing.
Sec. 36-565. Shoreland Classification System.
(a) The City has classified its public waters based on the DNR's Protected Waters Inventory
Map. The City used the following classification criteria (percentages apply only to the shore land
located in the City):
(1) Class I waters are those that the DNR has designated general development waters,
and the City land use plan shows at least seventy-five (75) percent of the shore land
for commercial or industrial use.
(2) Class II waters are those that the DNR has designated general development waters,
and do not qualify for Class I status.
(3) Class III waters are those that the DNR has designated recreation development
waters having:
a. At least sixty (60) percent of the shoreline in public ownership, or
b. At least fifty (50) percent of the shore land in public ownership and less than ten
(10) percent of the shore land remaining for development, excluding public open
space.
(4) Class IV waters are those that the DNR has designated recreation development
waters, and do not qualify for Class III status.
(5) Class V waters are those that the DNR has designated natural environmental waters.
(b) The City has classified its lakes as follows:
(1) Class I WatersPublic Waters Inventory 1.0.#
3
3M Pond 62-0017
Tanner's Lake 82-0115
(2) Class II Waters Public Waters Inventory 1.0. #
Gervais Lake 62-0007
(3) Class III Waters Public Waters Inventory 1.0. #
Casey Lake 62-0005
Keller Lake 62-0010
Lake Phalen 62-0013
Silver Lake 62-0001
Spoon Lake
Wakefield Lake 62-0011
(4) Class IV Waters Public Waters Inventory 1.0. #
Carver Lake 82-0166
Kohlman Lake 62-0006
Oehrline's Lake 62-0014
(5) Class V Waters Public Waters Inventorv 1.0. #
Beaver Lake 62-0016
Round Lake 62-0012
(c) Maplewood has classified its two creeks as tributary streams. The two creeks are Battle Creek and
Fish Creek.
Sec. 36-566. District development standards.
(a) Lot and Building Standards. The following lot and building standards shall apply to commercial
developments and residential developments with four or fewer dwelling units per building. The City must
approve developments with more than four units per building as planned unit developments.
With Sanitary Without Sanitary
Sewer Sewer
(1) Class I Waters
a. Nonresidential development
1. Minimum building setback from
the OHWL (feet)
50
NA
2. Minimum on-site sewage system
setback from OHWL (feet)
NA
NA
3. Maximum Impervious surface
area (percent)
With bonus (percent)*
50
70
50
70
b. Single Dwelling
4
1. Minimum lot width
Water frontage lots (feet) 75 NA
Other lots (feet) 75 NA
2. Minimum building setback from
the OHWL (feet) 50 NA
3. Minimum on-site sewage system
setback from the OHWL (feet) NA NA
4. Average lot area
Water frontage lots (square feet) 15,000 NA
Other lots (square feet) 10,000 NA
5. Maximum impervious surface area
(percent) 30 NA
With bonus'
Water frontage lots (percent) 40 NA
Other lots (percent) 50 NA
(2) Class II and III Waters
a. Nonresidential development
1. Minimum building setback from
the OHWL (feet) 50 75
2. Minimum water frontage (feet) 75 100
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Maximum impervious surface
area (percent) 40 40
With bonus'
Water frontage lots (percent) 50
Other lots (percent) 60
5. Maximum building height (stories) 4 4
b. Single dwelling
1. Minimum lot width
Water frontage lots (feet) 75 150
Other lots (feet) 75 100
2. Minimum building setback from
the OHWL (feet) 50 75
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Average lot area
Water frontage lots (square feet) 15,000 40,000
5
Other lots (square feet) 10,000 20,000
5. Maximum impervious surface area
(percent) 30 30
With bonus'
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
c. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width 135 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus'
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 26,000 NA
Other lots (square feet) 17,500 NA
d. Three-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width
Water frontage lots (feet) 195 NA
Other lots (feet) 190 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus'
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 38,000 NA
Other lots (square feet) 25,000 NA
e. Four-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width
Water-frontage lots (feet) 255 NA
Other lots (feet) 245 NA
3. Maximum impervious surface
6
area (percent) 40 NA
With bonus'
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 49,000 NA
Other lots (square feet) 32,500 NA
(3) Class IV and V waters
a. Nonresidential development
1. Minimum building setback
from the OHWL (feet) 75 100
2. Minimum water frontage per
development (feet) 75 150
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Maximum impervious surface
area (percent) 30 30
With bonus'
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
5. Maximum building height (stories) 4 4
b. Single dwelling
1. Minimum lot width (feet) 75 150
2. Minimum building setback from
the OHWL (feet) 75 100
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Average lot area
Water frontage lots (square feet) 20,000 40,000
Other lots (square feet) 15,000 40,000
5. Maximum impervious surface
area (percent) 30 30
With bonus'
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
d. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet) 75 NA
7
2. Minimum lot width (feet)
135 NA
40 NA
50 NA
60 NA
26,000 NA
35,000 NA
3. Maximum impervious surface
area (percent)
With bonus'
Water frontage lots (percent)
Other lots (percent)
4. Average lot area
Water frontage lots (square feet)
Other lots (square feet)
e. Three-unit dwellings
1. Minimum building setback from
the OHWL (feet)
75 NA
195 NA
190 NA
40 NA
50 NA
60 NA
50,000 NA
38,000 NA
2. Minimum lot width
Water frontage lots (feet)
Other lots (feet)
3. Maximum impervious surface
area (percent)
With bonus'
Water frontage lots (percent)
Other lots (percent)
4. Average lot area
Water frontage lots (square feet)
Other lots (square feet)
f. Four-unit dwellings
1. Minimum building setback from
the OHWL (feet)
75 NA
255 NA
245 NA
40 NA
50 NA
60 NA
65,000 NA
49,000 NA
2. Minimum lot width
Water frontage lots (feet)
Other lots (feet)
3. Maximum impervious surface
area (percent)
With bonus'
Water frontage lots (percent)
Other lots (percent)
4. Average lot area
Water frontage lots (square feet)
Other lots (square feet)
'Refer to Subsection 36-566(b)(1)(d) for requirements to qualify for an impervious surface area bonus.
8
(4) Lot width and setback standards for creeks.
a. The lot width standards for single, double dwellings, three-unit buildings and four-unit buildings in
shore lands next to creeks are as follows:
Unsewered Sewered
Single dwelling
Double dwelling
Three-unit building
Four-unit building
100
150
200
250
75
115
150
190
b. Structure and sewage system setbacks (in feet) from the ordinary high water level of tributary
streams.
Structures
Sewage Treatment
Unsewered Sewered
100
50
75
(b) Additional Special Provisions.
(1) Reduction in development standards.
a. The City shall reduce all applicable development standards by one public waters classification
where a shore land property meets all of the following conditions:
1. A principal or major arterial roadway, as defined by the Maplewood Land Use Plan,
separates the property from any public waters.
2. The property does not drain directly to a public water.
3. The visual impact of the property from the lake surface is small.
(i.e., A property subject to Class III standards may be subject to Class II standards.)
b. The City shall raise the maximum allowed building height to forty-two (42) feet from any street
side for structures that would be at least eighty (80) percent screened from view from at least
eighty (80) percent of the shoreline of a public water during the summer.
c. The minimum lot area requirements in Section 36-566(a) shall not apply to developments that
meet all the following conditions:
1. The development is at least eighty (80) percent screened from view from at least eighty (80)
percent of the shoreline during the summer.
2. The development shall have no frontage or private docking facilities on a public water.
3. The development meets the impervious surface area requirements.
9
d. Impervious surface area bonus.
1. The impervious surface area limits shall be determined using the total
developable area of a parcel (above the ordinary high water level and
suitable for development), exclusive of streets and sidewalks.
2. The developer or owner shall provide and maintain significant man-made
facilities for reducing storm water flow or the treatment of runoff for nonpoint
source water pollutants to qualify for an impervious surface area bonus.
3. The City Engineer shall determine whether a proposed management
practicers) is adequate to warrant a bonus. A bonus may range from one to
twenty (20) percent for nonwater frontage lots and from one to ten (10)
percent for water frontage properties, dependent upon the practicers)
proposed. The City Engineer shall forward a copy of proposed bonuses to the
DNR for their comments.
(2) In addition to other standards in this chapter, double, three-unit and four-unit
dwellings on Natural Environment Lakes must meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high water
level.
b. Watercraft docking facilities for each building must be consolidated in one
location.
c. No more than 25 percent of a lake's shoreline can be in double, three-unit or
four-unit dwelling developments.
(3) Lots used as controlled accesses to public waters or as recreation areas for use by
owners of nonriparian lots must meet or exceed the following standards:
a. If docking, mooring or over-water storage of more than six (6) watercraft is to be
allowed at a controlled access lot, then the width of the lot must be increased by
the percent of the requirements for riparian residential lots for each watercraft
beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size
to shore length
(acres/mile)
Less than 100
100-200
201-300
301-400
Greater than 400
Required increase
in frontage
(percent)
25
20
15
10
5
b. All owners of nonriparian lots in a subdivision who have riparian access rights on
an access lot must jointly own the access lot.
10
c. The owner shall record against the title of the affected properties covenants or
other equally effective legal instruments that specify which lot owners have
authority to use the access lot. The covenants must do the following:
1. Limit the allowed number of vehicle parking.
2. Limit the allowed number of watercraft that the owners moor, dock or store
over water. (This shall not include temporary docking.)
3. Require centralization of all common facilities and activities to lessen
topographic and vegetative alterations.
4. Require screening of all parking areas, storage buildings and other facilities
from a public water, assuming summer conditions. Screening shall use
vegetation or topography as much as practical.
(c) Placement, design and height of structures.
(1) Structure placement: Where structures exist on the adjoining lots on both sides of a
proposed building site, the owner or builder may change the structure's setbacks
without a variance to meet the adjoining structures setbacks from the ordinary high
water level, if the proposed building site is not in a shore impact zone or in a bluff
impact zone.
a. Regardless of a waterbody's classification, the owner or builder shall set
structures or facilities back at least thirty (30) feet from the top of a bluff and fifty
(50) feet from an unplatted cemetery.
b. There shall be no structures or accessory facilities, except stairways and
landings, within bluff impact zones.
c. Nonresidential uses without water-oriented needs shall not be on lots with public
water frontage unless one of the following conditions is met:
1. The use or structure has double the normal setback from the ordinary high
water level; or
2. The use or structure is largely screened from view from the water by
vegetation or topography, assuming summer conditions.
(2) Design Criteria for Structures.
a. Floodplain regulations: Development must follow the City's floodplain regulations
(Article VIII of Chapter 36).
b. Water-oriented accessory structures: Each lot may have no more than one
water-oriented accessory structure not meeting the normal structure setback in
Section 36-566(a), subject to the following conditions:
1. The maximum height shall not exceed ten feet, exclusive of safety rails.
11
However, detached decks shall not exceed eight feet above grade at any
point.
2. The maximum area shall not exceed 250 square feet. Except that on general
development and recreational development waterbodies, the maximum area
of water-oriented accessory structures used solely for watercraft storage shall
be 400 square feet (provided the maximum width of the structure is twenty
(20) feet as measured parallel to the shape of the shoreline). These
structures may include the storage of related boating and water-oriented
sporting equipment.
3. The setback from the ordinary high water level must be at least ten feet.
4. The owner or builder shall use vegetation (assuming summer conditions),
topography, increased setbacks or color to reduce the visibility of the
structure from public waters or adjacent shore lands.
5. The owner may use the roof as a deck, but the owner or builder shall not
enclose, cover or use the roof for a storage area.
6. The owner or builder shall not design or use the structure or facility as a
dwelling or living space. The structure shall not contain sanitary facilities or
sewage treatment facilities.
c. Stairways, lifts and landings: Owners or contractors shall not grade bluffs and
steep slopes for the sole purpose of access to a public water, where they can
build or install stairways or lifts. Stairways and lifts must meet the following
design requirements:
1. Stairways and lifts must not exceed four feet in width on single dwelling lots.
2. Landings for stairways and lifts on single-dwelling lots must not exceed 32
square feet in area.
3. Stairways, lifts or landings shall not have canopies or roofs.
4. Whenever practical, stairways, lifts or landings shall be in the most visually
inconspicuous part of a lot, as viewed from a public water during the summer.
5. Ramps, lifts or mobility paths for physically-handicapped persons are allowed
to get to shore areas, if the owner or builder follows the standards of
Subparts 1 through 4 above, and the requirements of Minnesota Regulations,
Chapter 1340.
d. Steep Slopes: The City Engineer must evaluate the possible soil erosion impacts
and development visibility from public waters before issuing a permit to construct
sewage treatment systems, roads, driveways, structures or other improvements
on steep slopes. When the City Engineer determines it necessary, he or she
shall attach conditions to permits. These conditions shall prevent erosion and
preserve vegetation that screens structures, vehicles or other facilities as viewed
from the surface of public waters during the summer.
12
(3) Height of structures: Unless approved as a planned unit development, the maximum
height of all structures in residential districts, except churches and nonresidential
agricultural structures, shall be 25 feet.
Sec. 36-567. Shoreland alterations.
All alterations in shore land areas shall be subject to the City's wetland and stream
protection and erosion control ordinances. In addition, the following shall apply:
(a) Vegetation alterations.
(1) This subsection on vegetation alterations does not apply to construction of the
following uses:
a. Structures and sewage treatment systems
b. Roads, ramps or parking areas
(2) Vegetation may be removed or altered subject to the following standards:
a. There shall be no intensive vegetation clearing within the shore or bluff
impact zones or on steep slopes. For all other property, the City requires a
conditional use permit to clear forest land that is visible from a public water.
Such a proposal requires an erosion control and sedimentation plan
approved by the City Engineer and based on the Ramsey County Soil and
Water Conservation District Erosion Control Manual.
b. The City shall allow limited cutting, pruning or trimming of trees or shrubs in
shore and bluff impact zones and on steep slopes. This cutting, pruning or
trimming shall be limited to providing a view of the water from the site of a
dwelling or to allow for the placement of stairways and landings, picnic
areas, access paths, beach and watercraft access areas or water-oriented
accessory structures or facilities. Such limited clearing is subject to the
following conditions:
1. Such work not significantly reducing the screening of structures,
vehicles or other facilities as viewed from the water during the summer.
2. Preserving the shading of water surfaces along rivers.
3. The above provisions are not applicable to the removal of trees, limbs
or branches that are dead, diseased or are safety hazards.
(b) Topographic alterationslgrading and filling.
(1) Unless part of a building permit, the City shall require a grading and filling permit
for:
a. The movement of more than ten (10) cubic yards of material on steep
slopes, within shore impact zones or in bluff impact zones.
13
b. The movement of more than fifty (50) cubic yards of material outside steep
slopes, shore impact zones or bluff impact zones.
(2) The following requirements shall apply to construction permits, grading and filling
permits, conditional use permits, variances or subdivisions:
a. Wetlands shall not be filled without a permit from the watershed board.
b. The owner or contractor shall design and conduct alterations to insure that
the work exposes only the smallest amount of bare ground for the shortest
time possible.
c. All development and site work shall meet the City's erosion control
ordinance.
d. The owner or contractor shall not place fill or excavated material in bluff
impact zones.
e. The commissioner must authorize all alterations below the ordinary high
water level.
f. Topographic changes shall only be done if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby
properties.
g. The City will permit the placement of natural rock riprap, including
associated grading of the shoreline and placement of a filter blanket, if the
following conditions are met:
1. The finished slope does not exceed three feet horizontal to one foot
vertical.
2. The landward extent of the riprap is within ten feet of the ordinary high
water level.
3. The height of the riprap above the ordinary high water level does not
exceed three feet.
(3) The commissioner must approve all connections to public waters. This includes
excavations where the intended purpose is to connect to a public water, such as
boat slips, canals, lagoons or harbors.
Sec. 36-568. Placement and design of streets, driveways or parking areas.
(a) Owners and contractors shall design public and private streets, driveways or parking
areas to take advantage of natural vegetation and topography to achieve maximum
screening from public waters.
(b) Streets, driveways or parking areas shall meet structure setback standards from the
ordinary high water level. These facilities shall not be within bluff or shore impact
zones if there are other reasonable options. If no reasonable options exist, these
14
facilities may be placed within bluff and shore impact areas. However, the owners
and contractors of these facilities must design and install them to reduce adverse
impacts.
(c) Watercraft access ramps, approach roads or access-related parking may be within
shore impact zones if the vegetative screening and erosion control conditions of this
article are met.
Sec. 36-571. Conditional Uses.
(a) In addition to the normal standards for evaluating a conditional use permit, the
following standards shall apply within shore lands:
(1)There would be no soil erosion or pollution of public waters during or after
construction.
(2)The proposed plan would limit the visibility of structures from public waters
(assuming summer conditions).
(3)The types, uses and numbers of any watercraft that the project would generate
would be compatible with the capacity of the public waters to handle these
watercraft.
(b) Conditional use permit conditions: The City Council may attach special conditions in
shorelands. Such conditions may include, but are not limited to, the following:
(1)1 ncreased setbacks from the ordinary high water level.
(2)Limitations on removing the natural vegetation or requiring the planting of
additional vegetation.
(3)Special location, design and use provIsions for structures, sewage treatment
systems, watercraft launching and docking areas or parking areas.
Sec. 36-572. Expanding or adding decks to nonconforming structures.
A deck may be added to or expanded on a structure if the deck would be within the
required setback from the ordinary high water level. The deck must meet all of the
following criteria:
(1) The structure existed when the City established the structure setbacks.
(2) There is no reasonable location for a deck that meets or exceeds the existing
ordinary high water level setback of the structure.
(3) The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level or
does not encroach closer than 30 feet, whichever is more restrictive.
(4) The deck would be primarily wood, and not have a roof, screening or windows.
15
Sec. 36-574. Planned Unit Development's (PUD's).
(a) "Suitable area" evaluation: The City shall determine the suitable area for calculating
the density of a residential PUD as follows:
(1) The project site shall be divided into tiers. Tier boundaries shall be approximately
parallel to the boundary of the public water at the following intervals, going
landward from the public water:
Unsewered Sewered
(feet) (feet)
Class I and II waters-
first tier
Class I and II waters-
second and additional tiers
Class III and IV waters
Class V waters
All river classes
200
200
267
267
400
300
200
267
320
300
(2) The suitable area within each tier shall exclude wetlands, bluffs or drainage
easements for storm water ponds.
(b) Residential PUD Density Evaluation: The procedures for determining the base
density of a PUD and density increase multipliers are below. The City or the
developer may transfer allowable densities from any tier to any other tier further from
the waterbody. The developer or owner may not transfer allowable densities to a tier
closer to a waterbody.
(1) To determine the residential PUD base density, divide the suitable area within
each tier by the minimum lot size for lakes or the minimum lot width times the tier
depth for creeks.
(2) Density increase multipliers:
a. The maximum base densities may be increased if the proposed plan meets or
exceeds the dimensional standards in Section 36-566 and the other criteria in
this section.
b. The City shall allow the density increases in Item c. below if:
1. The developer increases the structure setbacks from the ordinary high
water level to at least 50 percent greater than the minimum setback, or
2. The proposal reduces the impact on the public water an equivalent amount
with vegetation, topography or other means acceptable to the City and the
setback is at least 25 percent greater than the minimum setback.
c. Allowable density increases for residential planned unit developments:
16
Maximum density increase
Density evaluation tiers within each tier (percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
d. Regardless of the above, the density may not increase above the density
allowed by the City's land use plan.
(c) Open Space Requirements: Planned unit developments must contain open space
meeting all of the following criteria:
1. At least 50 percent of the total project area shall be open space.
2. The City shall not include dwelling units or sites, road rights-of-way or land
covered by road surfaces, parking areas or structures as open space.
3. Open space may include outdoor recreational facilities or water-oriented
accessory structures or facilities.
4. For residential PUD's, at least 50 percent of the shore impact zone of existing
developments or at least 70 percent of the shore impact zone of new
developments must be preserved in its natural state.
(d) Storm water management: Each PUD must have a storm water management plan
consistent with the City's drainage plan and erosion control ordinance.
(e) Centralization and design of structures and impervious surfaces: The following
standards shall apply to PUD's:
1. On-site water and sewage systems must be centralized.
2. The plans shall cluster buildings and impervious surfaces to maximize open
space.
3. The plans shall centralize shore recreation facilities. Shore recreation facilities
shall include, but not be limited to, swimming areas, docks, watercraft mooring
areas and launching ramps. The number of spaces provided for the regular
beaching, mooring or docking of watercraft must not exceed one for each
allowable dwelling unit or site in the first tier (except existing mooring sites in an
existing commercially used harbor). The developer or owner may provide
launching ramp facilities, including a small dock for loading and unloading
equipment, for use by occupants of dwelling units or sites located in other tiers.
4. The developer shall design structures, parking areas and other facilities to
reduce their visibility (under summer conditions) from public waters and adjacent
shorelands. This design shall use vegetation, topography, increased setbacks,
color or other means. The plans shall use existing vegetative and topographic
17
screening as much as possible. The City may require additional vegetation to
help screen these facilities.
5. All accessory structures and facilities, except water-oriented accessory
structures, must meet the required principal structure setback. The plans shall
centralize all accessory structures and facilities.
6. The City may allow water-oriented accessory structures and facilities if they meet
or exceed the design standards in Section 36-566. The plans shall centralize all
water-orientated accessory structures.
18
Attachment 3
07/06/10
REVISOR
CKM/JK
RD3879
1.1 Department of Natural Resources
1.2 Proposed Permanent Rules Relating to Shoreland Management
1.3 6120.2600 POLICY.
14 The uncontrolled use of shorelands adversely affects the public health, safety, and
1.5 general welfare by contributing to pollution of public waters and Ly ;"'1''';';''15 impairment
1.6 of natural resources and the local tax base. It is in the interest of present and future
1.7 generations to preserve and protect the scenic, recreational, natural, historical, and
1.8 scientific values of Minnesota public waters and their adjacent lands, including certain
1.9 outstanding public waters. In furtherance of the policies declared in Minnesota Statutes,
1.10 section 84.083, and chapters 103A, 103B, 103E to 103G, lIS, 116, 216E, 394,396;- and
1.11 462, the commissioner provides the following minimum standards and criteria for the
1.12 subdivision, use, and development of the shorelands of public waters. The standards and
1.13 criteria are intended to preserve and enhance the quality of surface waters, conserve the
1.14 economic and natural environmental values of shorelands, and protect drinking water
1.15 sources, provide for the wise use of water and related land resources of the state, and
1.16 provide for the selection, classification, preservation, protection, management, and control
1.17 of wild, scenic, and recreational rivers and their associated shorelands.
1.18 Local governments shall adopt land use controls that are consistent with these
1.19 purposes by limiting the direct and cumulative potential impacts of shoreland development
1.20 on water quality; near-shore aquatic habitat; fish and wildlife habitat; scenic, recreational,
1.21 natural, historical, and scientific values; and shoreland property values.
1.22 6120.2800 SCOPE.
1.23 Subpart l. Applicability and responsibilities and anthoIities.
1.24 A. TI1':;5':; The minimum standards and criteria in parts 6120.2600 to 6120.4400
1.25 apply to those shorelands of public waters of the state "1.;,,,1. that are subject to local
1.26 government land use controls. Th.:;} ill':; int.:;nd.:;d to b.:; incOIpOlatcd into lo.:;al ~o,':;lIl1nwt
6120.2800
1
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
2.1 ShOlGlalld lllalla~GlllGllt Goutlols. LaGh 10Gal ~OvGIllU1Gllt lSlGspollslblG EOl adlllllllstl<<tloll
2.2 auJ \.IUfVI\.l\..IlU\.IUt v[ ~b ~llvI\.llauJ UICLlIao\.lUl\.lut \.IvutIvl~ aJvpt\.lJ ~u \.IvuIpl~au\.I\.I vv~tll tll\.l~\.I
2.3 stalldalds alld GlltGlla. 1Jothlll~ III t11GsG stalldalds and GlltGlla shall bG Gollstlt1Gd as
2.4 pIvll~L~t~uo VI J~~\.IVUIao~Uo a lV\.Ial OVV\.IIUUI\.lUt LvuI aJvpt~uo auJ \.IUfVI\.l~UO \.IvutIvl~ tllat
2.5 al':; 11101':; I.:;stli.:;ti ,.:;. Shorelands oflakes, ponds, and flowages ten acres in size or greater
2.6 within municipalities and within two miles of any municipal boundary and shorelands of
2.7 lakes, ponds, and flowages 25 acres in size or greater elsewhere must be regulated for the
2.8 purposes of parts 6120.2600 to 6120.4400.
2.9 B. The minimum statewide standards and criteria for wild, scenic, and
2.10 recreational rivers established in parts 6120.2600 to 6120.4400 apply to public waters and
2.11 to public and private shorelands within the boundaries established in the management plan
2.12 for each designated river in parts 6105.0600 to 6105.1700.
2.13 ~ The standards in parts 6120.2600 to 6120.4400 must be incorporated into
2.14 local government land use and zoning controls. Each local government is responsible for
2.15 administration and enforcement of its shoreland controls adopted in compliance with parts
2.16 6120.2600 to 6120.4400. Nothing in parts 6120.2600 to 6120.4400 shall be construed
2.17 as prohibiting or discouraging a local government from adopting and enforcing controls
2.18 that are more restrictive.
2.19 D. In case of conflict between a provision of this chapter and any other rule,
2.20 the more protective provision applies. In situations where shorelands with different
2.21 classifications overlap due to close proximity of public waters to each other, topographic
2.22 divides and legal descriptions for wild, scenic, and recreational rivers shall be used to
2.23 determine which shoreland standard applies. In those areas where the topographic divide
2.24 cannot be determined, the more restrictive rules shall be used within the overlap area.
2.25 Subp. la. [See repealer.l
2.26 Subp. 2. Adoption schedule. Cvuut~\.I~, auJ tllv~\.I \.I~t~\.I~ J\.I~~ouat\.lJ
6120.2800
2
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
3.1 A. Local governments with existing shoreland controls must amend land
3.2 use controls to bring the controls into substantial compliance with parts 6120.2600 to
3.3 6120.4400 within one year of notification from the commissioner.
3.4 .!.L. Local governments without existing shoreland controls must adopt land use
3.5 controls to bring the controls into compliance with parts 6120.2600 to 6120.4400 upon
3.6 notification by the commissioner in .con5tlltation "ith th.:; applOPliat.:; .cotlnty, except
3.7 cities without compliant shoreland controls that annex land that includes shorelands must
3.8 adopt VI alllwd land use controls to blil1~ th':;111 into 5tlb5tal)~iflli!! compliance with
3.9 tll(,.5(, .5talldaJds alld ('lltGlla \'\'1tll111 rho yGaLs 6fb('11l~ 112~n~p. by the, COlllllllS's101lGl parts
3.10 6120.2600 to 6120.4400 prior to development within the annexed area and within one
3.11 year of the annexation.
3.12 C. Local governments with jurisdiction over a portion of a wild, scenic,
3.13 or recreational river system designated after the effective date of parts 6120.2600
3.14 to 6120.4400 must adopt or amend their ordinances and maps to comply with the
3.15 management plan pursuant to part 6120.3450, subpart 4.
3.16 D. All local governments shall submit their revised shoreland use controls for
3.17 commissioner review and approval as required in part 6120.2950, subpart 8, prior to
3.18 adoption.
3.19 Subp. 3. [See repealer.l
3.20 6120.2850 DEFINITIONS.
3.21 Subpart l. Scope of terms, mandatory, distances. For the purposes of parts
3.22 6120.2600 to 6120.4400, the terms used have the meanings given in this part. The
3.23 words "shall" and "must" are mandatory, not permissive. All distances, unless otherwise
3.24 specified, shall be measured horizontally.
6120.2850
3
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
4.1 Subp. 2. Access lot. "Access lot" means a parcel ofland that provides access to
4.2 public waters, including controlled access lots and alternative access lots.
4.3 Subp. 3. Access path. "Access path" means an area designated to provide ingress
4.4 and egress to public waters.
4.5 Subp. 4. Accessorv structure. "Accessory structure" means any building, structure,
4.6 or improvement subordinate to and on the same lot as the principal structure or use,
4.7 including sheds, storage shelters, gazebos, hot tubs, swimming pools, pole buildings,
4.8 detached garages, decks, patios, and other similar structures;
4.9 Subp. 5. Agricultural use. "Agricultural use" hasthem!!)aning given under
4.10 Minnesota Statutes, chapter 40A.
4.11 Subp. 6. AIternative access lot. "Alternative access lot" means an access lot that
4.12 provides access to public waters for owri.ersofxipariari.lots within subdivisions.
4.13 Subp. 7. Bed and breakfa~t.Ji~~ideriq~i l'Bed and breakfast residence" has the
4.14 meaning given under chapt!!)Ei2400.
4.15 Subp. 8. Bluff. "Bluff" means a sloped topographic feature having all of the
4.16 following charact!!)ristics:
4.17 A. part or alIQf th!!)feature is located in a shoreland area;
4.18 .!.L the slope rises at least 25 feet above the ordinary high water level of the
4.19 waterbody or toe of the bluff. For purposes of this subpart, "toe of the bluff' means the
4.20 lower point of a horizontal ten-foot segment with an average slope exceeding 18 percent;
4.21 and
4.22 ~ the grade of the slope from the ordinary high water level of the water body
4.23 or toe of the bluff to the top of the bluff averages 30 percent or greater. For purposes of
4.24 this subpart, "top of the bluff' means the higher point of the highest horizontal ten-foot
4.25 segment with an average slope exceeding 18 percent.
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5.1 Subp. 9. Bluff impact zone. "Bluff impact zone" means a bluff and land located
5.2 within 20 feet of a bluff.
5.3 Subp. 10. Boat house. "Boat house" has the meaning given under Minnesota
5.4 Statutes, section 103G.245.
5.5 Subp. II. Boat launch. "Boat launch" means a ramp, road, or other conveyance that
5.6 allows launch and removal of a boat with a vehicle and trailer.
5.7 Subp. 12. Boat stora!!e structure. "Boat storage structure" has the meaning given
5.8 under Minnesota Statutes, section 103G.245.
5.9 Subp. 13. Buffer. "Buffer" means land that is used to protect adjacent lands and
5.10 waters from development and more intensive land uses. The land is kept in a natural state
5.11 of trees, shrubs, and low ground cover and understory of plants and functions to filter
5.12 runoff, control sediment and nutrient movement, and protect fish and wildlife habitat. In
5.13 areas of agricultural use, the land may be used for less intensive agricultural purposes,
5.14 provided its function as a buffer remains intact.
5.15 Subp. 14. Buildable area. "Buildable area" means the area upon which structures
5.16 may be placed on a lot or parcel ofland. Buildable area excludes areas needed to meet
5.17 setback requirements, bluffs, areas with slopes greater than 25 percent, rights-of-way,
5.18 historic sites, wetlands, designated floodways, land below the ordinary high water level of
5.19 public waters, and other unbuildable areas. In wild, scenic, or recreational shorelands,
5.20 buildable area also excludes areas with slopes greater than 18 percent.
5.21 Subp. 15. Buildin!!. "Building" means any structure with a roof and walls used or
5.22 intended for supporting or sheltering any use or occupancy.
5.23 Subp. 16. Camp!!round. "Campground" means a development that is used for
5.24 providing sites for nonpermanent overnight use by campers using tents, trailers, recreation
5.25 camping vehicles, or other temporary shelters.
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6.1 Subp. 17. Certificate of compliance. "Certificate of compliance" has the meaning
6.2 given under chapter 7080 for subsurface sewage treatment systems.
6.3 Subp. 18. Clear-cuttin!!. "Clear-cutting" means a forest management method for
6.4 regeneration or harvest that removes essentially all trees in one operation.
6.5 Subp. 19. Clusterin!! or clustered. "Clustering" or "clustered" means a development
6.6 pattern and technique whereby structures or building sites are arranged in close proximity
6.7 to one another in groups.
6.8 Subp. 20. Commercial use. "Commercial use" means the principal use ofland or
6.9 buildings for the sale, lease, rental, or trade of products@goods, and services.
6.10 Subp. 21. Commissioner. "Commissioner.:lmeans the commissioner of natural
6.11 resources.
6.12 Subp. 22. Common interest community, "Common interest community" has the
6.13 meaning given under Minnesota Statutes, chapter 515B.
6.14 Subp. 23. Common open space. "Common open space" means a portion of a
6.15 development that:
6.16 A. is permanently set aside to preserve elements of the natural landscape for
6.17 public or private use;
6.18 .!.L will not be developed or subdivided; and
6.19 ~ is generally owned in common by the individual owners in the development
6.20 or by a permanently established management entity.
6.21 Subp. 24. Condominium. "Condominium" has the meaning given under Minnesota
6.22 Statutes, chapter 515B.
6.23 Subp. 25. Conditional use. "Conditional use" has the meaning given under
6.24 Minnesota Statutes, chapters 394 and 462.
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7.1 Subp. 26. Conservation easement. "Conservation easement" has the meaning given
7.2 under Minnesota Statutes, chapter 84C.
7.3 Subp. 27. Controlled access lot. "Controlled access lot" means an access lot that
7.4 provides access to public waters for owners ofnonriparian lots within a conventional
7.5 subdivision.
7.6 Subp. 28. Conventional subdivision. "Conventional subdivision" means a pattern of
7.7 subdivision development that is characterized by lots that are spread regularly throughout
7.8 a parcel in a lot and block design.
7.9 Subp. 29. Cooperative. "Cooperative" has the Ildt\aninggiven under Minnesota
7.10 Statutes, chapter 515B.
7.11 Subp. 30. Crawl space. "Crawl space" hastbJ"fiieaning given under chapter 1309.
7.12 Subp. 31. Deck. "Deck" means a hOl:izontal,\Inenolosed, aboveground structure with
7.13 or without attached railings, seat~,tf~lliseS;QI:Other features, attached or functionally
7.14 related to a principal use or .~i~e.
7.15 Subp. 32. Dwellinlfsite.'!l:])welling site" means a designated location for living
7.16 accommodations bvOne or niOf~ persons using temporary or movable shelter, including
7.17 camping and recreational vehigle sites.
7.18 Subp. 33. Dwellinlf unit. "Dwelling unit" means any structure or portion of a
7.19 structure or other shelter designed as short- or long-term living quarters for one or more
7.20 persons, including rental or time-share accommodations such as motel, hotel, and resort
7.21 rooms and cabins.
7.22 Subp. 34. Essential services. "Essential services" means underground or overhead
7.23 gas, electrical, steam, or water distribution systems and collection, communication,
7.24 supply, or sewer systems, including poles, wires, mains, drains, pipes, conduits, cables,
7.25 fire alarm boxes, traffic signals, hydrants, or other similar equipment and accessories in
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8.1 conjunction therewith. Essential services does not include buildings, wastewater treatment
8.2 works as defined under Minnesota Statutes, section 1I5.01, or electrical generation and
8.3 transmission services.
8.4 Subp. 35. Extractive use. "Extractive use" means use of land for surface or
8.5 subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals,
8.6 and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
8.7 Subp. 36. Forest management or silviculture. "Forest management" or
8.8 "silviculture" means the art and science of controlling the establishment, growth,
8.9 composition, health, and quality of forests and woodlands to meet the multitude of
8.10 purposes and values oflandowners and society on a sustainable basis.
8.11 Subp. 37. Fractional ownership property. "Fractional ownership property" means
8.12 the division of real property into portions or shares. Shared or joint ownership of the
8.13 property and its deed entitle shareholders to certain usage rights. Real estate that is subject
8.14 to an instrument that obligates several persons owning the same described parcel of real
8.15 estate and occupying a part of the real estate pursuant to a proprietary lease or covenant for
8.16 use, by reason of their ownership or occupancy, to pay for real estate taxes levied against,
8.17 insurance premiums payable with respect to, maintenance of, or construction, maintenance,
8.18 repair, or replacement of improvements to the real estate is fractional ownership property.
8.19 Subp. 38. Hardship. "Hardship" has the meaning given under Minnesota Statutes,
8.20 chapters 394 and 462.
8.21 Subp. 39. Height of structure. "Height of structure" means the vertical distance
8.22 between the highest adjoining ground level at the structure or ten feet above the lowest
8.23 ground level, whichever is lower, and the highest point of a flat roof, the highest gable of a
8.24 pitched or hipped roof, or the highest point of a structure.
8.25 Subp. 40. Home-based business. "Home-based business" means an occupation or
8.26 business conducted by a resident within an existing dwelling or accessory structure on
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9.1 the property when the business is limited in extent and incidental or secondary to use of
9.2 the dwelling for residential purposes and does not change the residential character of
9.3 the dwelling unit or site.
9.4 Subp. 41. Impervious surface. "Impervious surface" means a constructed hard
9.5 surface that prevents or retards entry of water into the soil and causes water to run off the
9.6 surface in greater quantities and at an increased rate of flow than prior to development,
9.7 including rooftops; decks; sidewalks; patios; parking lots; storage areas; concrete, asphalt,
9.8 or gravel driveways; and other similar surfaces.
9.9 Subp. 42. Industrial use. "Industrial use" meanstJileus.<;) of land or buildings
9.10 for production, manufacture, warehousing, storag<;),of transfer or goods, products,
9.11 commodities, or other wholesale items.
9.12 Subp.43. Institutional use. "Instimtioual use"m<;)ans use for a public service that is
9.13 operated by a government, public or privat@ utill1iV\public or private school or college,
9.14 tax-exempt organization, or placeOfrellgiousassembly. "Public service" includes public
9.15 agency, public safety, and emergeucys@tyie<;)s; essential and utility services; cultural,
9.16 service, and religiousJ~ciliti<;)s; public or private health facilities; or other similar services.
9.17 Subp. 44. IntEinsive vegetation clearing. "Intensive vegetation clearing" means
9.18 substantial removal oftre<;)s or shrubs in a contiguous patch, strip, row, or block.
9.19 Subp. 45. Interim use. "Interim use" has the meaning given under Minnesota
920 Statutes, chapters 394 and 462.
9.21 Subp. 46. Lot. "Lot" means a parcel ofland designated by plat, metes and bounds,
9.22 registered land survey, auditors plat, or other accepted means and separated from other
9.23 parcels or portions by said description for the purpose of use, occupancy, sale, lease,
9.24 or separation.
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10.1 Subp. 47. Lot width. "Lot width" means the shortest distance between lot lines
10.2 measured at both the ordinary high water level and at the required structure setback from
10.3 ordinary high water level for riparian lots. For nonriparian lots, lot width means the
104 shortest distance between side lot lines as measured at the midpoint of the longest axis
10.5 of the lot.
10.6 Subp. 48. Lowest floor. "Lowest floor" means the lowermost floor of the lowest
10.7 enclosed area, including basement and crawl space. An unfinished or flood-resistant
10.8 enclosure, used solely for parking of vehicles, building access, or storage in an area other
10.9 than a basement or crawl space is not considered a building's lowest floor.
10.10 Subp. 49. Manufactured home park. "Manufactured home park" has the meaning
10.11 given under Minnesota Statutes, chapter 327.
10.12 Subp. 50. Mining operation. "Mining operation" means removal of stone, sand and
10.13 gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material from
10.14 land for commercial, industrial, or governmental purposes.
10.15 Subp. 51. Natural state. "Natural state" means a state where:
10.16 A. vegetation exists in a wild state;
10.17 .!.L. the condition of the ground and shrub layers and floristic composition of
10.18 the plant community is substantially unaltered by humans;
10.19 C. restoration has been consistent with commissioner guidelines or local
10.20 government-approved plans; or
10.21 D. vegetation has been unaltered for at least one growing season.
10.22 Subp. 52. Nonconformity. "Nonconformity" has the meaning given under
10.23 Minnesota Statutes, chapters 394 and 462.
10.24 Subp. 53. Nonriparian lot. "Nonriparian lot" means a lot that does not abut public
10.25 waters.
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11.1 Subp. 54. Open space recreational use. "Open space recreational use" means
11.2 recreational use particularly oriented to and utilizing the outdoor character of an area,
11.3 including hiking and riding trails, primitive campsites, campgrounds, waysides, parks,
11.4 and recreation areas.
11.5 Subp. 55. Ordinarv hi!!h water level. "Ordinary high water level" has the meaning
11.6 given under Minnesota Statutes, chapter 103G.
11.7 Subp. 56. Park trailer. "Park trailer" has the meaning given under Minnesota
11.8 Statutes, chapter 168.
11.9 Subp. 57. Planned unit development. "Planned unit development" means a
11.10 method ofland use or development characterized by a unified site design for a number
11.11 of dwelling units or dwelling sites on a parcel, whether for occupancy, sale, rent, or
11.12 lease, and a mix of structure types and land uses. Planned unit developments may be
11.13 organized and operated as residential, mixed-use development, or commercial enterprises
11.14 including individual dwelling units or sites, townhouses, condominiums, time-share
1115 condominiums, cooperatives, common interest communities, fractional ownership
11.16 properties, campgrounds, youth camps, apartment buildings, recreational vehicle parks,
11.17 manufactured home parks, or park trailers or any combination of these. Planned unit
1118 development includes any conversion of existing structures and land uses that utilize the
11.19 method of development described in this subpart.
11.20 Subp. 58. Plat. "Plat" has the meaning given under Minnesota Statutes, chapters
11.21 505 and 515B.
11.22 Subp. 59. Primitive campsite. "Primitive campsite" means an area that consists of
11.23 an individual remote campsite accessible only by foot or water.
11.24 Subp. 60. Public waters. "Public waters" means public waters as defined under
1125 Minnesota Statutes, section 103G.005, subdivision 15, and public waters wetlands as
11.26 defined under Minnesota Statutes, section 103G.005, subdivision 15a.
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12.1 Subp. 61. Public waters wetlands. "Public waters wetlands" has the meaning given
12.2 under Minnesota Statutes, section 103G.005.
12.3 Subp. 62. Recreation use area. "Recreation use area" means an area within the
12.4 shore impact zone where a shoreline buffer need not exist.
12.5 Subp. 63. Recreational camping area. "Recreational camping area" has the
12.6 meaning given under Minnesota Statutes, chapter 327.
12.7 Subp. 64. Recreational vehicle. "Recreational vehicle" means:
12.8 A. a recreational vehicle as defined under Minn~s6ta Statutes, chapter 168; and
12.9
12.10
B. a recreational camping vehicle as defin@d under lV:llinnesota Statutes, chapter
327.
12.11 Subp. 65. Redevelopment. "Redevelopment" means development on a previously
12.12 developed parcel.
12.13 Subp. 66. Residential use. "Residential use" means use as a dwelling, whether for
12.14 use as principal or secondary residences, but not transient use.
12.15 Subp. 67. Resort. "Resort" has the meaning given under Minnesota Statutes, chapter
12.16 103F.
12.17 Subp. 68. Riparian lQti i"Riparian lot" means a lot that abuts public waters.
12.18 Subp. 69. Rivulet. "Rivulet" means a channel between defined banks created by
12.19 the action of surface water that is characterized by the lack of terrestrial vegetation or by
12.20 the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil,
12.21 parent material, or bedrock, and that is connected hydrologically with other water bodies.
12.22 A rivulet is a permanent or intermittent stream that has a total drainage of two square miles
12.23 or less. Rivulet includes those watercourses altered or modified by ditching. Rivulet does
12.24 not include rills or gullies forming because of accelerated erosion in disturbed soils where
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13.1 the natural vegetation cover has been removed by human activity. This definition applies
13.2 only to that portion of the stream located within a shoreland overlay district.
13.3 Subp. 70. Scenic easement. "Scenic easement" has the meaning given under
13.4 Minnesota Statutes, section 103F.311.
13.5 Subp. 71. Selective cutting. "Selective cutting" means a forest management method
13.6 for regeneration or harvest that removes individual trees.
13.7 Subp. 72. Semipublic use. "Semipublic use" means the use of land by a private,
13.8 nonprofit organization to provide a public service that is ordinarily open to some persons
13.9 outside the regular constituency of the organization.
13.10 Subp. 73. Sensitive shoreland area. "Sensillve shoreland ar~a" means shoreland
13.11 designated as a special protection shoreland overlavpistrict under part 6120.3250 or
13.12 shoreland riparian to any of the followingt\itli!@s of puliil!c waters:
13.13 A. bays oflakes or lak@s.clflSsified.!l"shatural environment under part 6120.3050;
13.14 .!.L trout lakes andstreamsd~sigllat~d under part 6264.0050;
13.15 C. wildlifeJaKesP@signated under Minnesota Statutes, section 97 A.IO l,
13.16 subdivision 2;
13.17 D. migratorVWflt@flowl feeding and resting lakes designated under part
13.18 6240.2100 and Minnesota Statutes, section 97A.095, subdivision 2; or
13.19 ~ outstanding resource value waters designated under part 7050.0180.
13.20 Subp. 74. Setback. "Setback" means a separation distance measured horizontally.
13.21 Subp. 75. Sewage. "Sewage" has the meaning given under chapter 7080.
13.22 Subp. 76. Sewer system. "Sewer system" means pipelines or conduits, pumping
13.23 stations, force mains, and all other constructions, devices, appliances, or appurtenances
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14.1 used for conducting sewage or industrial waste or other wastes to a point of ultimate
14.2 disposal.
14.3 Subp. 77. Shore impact zone. "Shore impact zone" means land located between
14.4 the ordinary high water level of public waters and a line parallel to it at a setback of 50
14.5 percent of the required structure setback, but not less than 50 feet. The shore impact zone
14.6 serves as all or part of the shoreline buffer.
14.7 Subp. 78. Shoreland. "Shoreland" has the meaning given under Minnesota Statutes,
14.8 section 103F.205, except that shorelands for rivers in the wild and scenic rivers system
14.9 means those lands within the boundaries of the management plan for each designated river
14.10 consistent with Minnesota Statutes, section 103F.321.
14.11 Subp. 79. Shoreland conservation subdivision. "Shoreland conservation
14.12 subdivision" means a method of subdivision of shorelands characterized by natural areas
14.13 and open space amenities for homeowners and protection of natural resources and riparian
14.14 areas. Site designs incorporate standards oflow impact development, such as the use of
14.15 narrow residential streets and preservation of trees, shoreline, unique resources, and scenic
14.16 vistas, and these developments use storm water designs that emphasize on-site retention
14.17 and infiltration through the preservation of native vegetation within the shore impact zone,
14.18 use of pervious surfaces, rain gardens, filtration, and swales.
14.19 Subp. 80. Sij!nificant historic site. "Significant historic site" means any
14.20 archaeological site, standing structure, or other property that is:
14.21 A. listed in the National Register of Historic Places or the State Register of
14.22 Historic Sites;
14.23 .!.L. determined to meet the qualifications for listing in the National Register of
14.24 Historic Places or State Register of Historic Sites after review by the Minnesota state
14.25 archaeologist or the director of the Minnesota Historical Society; or
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15.1 C. an unplatted cemetery to which Minnesota Statutes, section 307.08, applies.
15.2 Subp. 81. Steep slope. "Steep slope" means land having average slopes over 12
15.3 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.
15.4 Subp. 82. Storm water. "Storm water" has the meaning given under chapter 7090.
15.5 Subp. 83. Structure. "Structure" means a building or appurtenance, including
15.6 decks, carports, roof overhangs, and solar panels. A local government may consider a
15.7 nontransient recreational vehicle to be a structure. Structure does not include sewer,
15.8 electric, communication, or gas lines, towers, poles, and other supporting facilities for
15.9 aerial or underground utility lines.
15.10 Subp. 84. Subdivision. "Subdivision" means land that is divided for the purpose of
15.11 occupancy, sale, rent, or lease, including planned unit development.
15.12 Subp. 85. Subsurface sewage treatment system. "Subsurface sewage treatment
15.13 system" has the meaning given under chapter 7080.
15.14 Subp. 86. Suitable area. "Suitable area" means the area remaining on a lot or parcel
15.15 of land after bluffs, areas with slopes greater than 25 percent, rights-of-way, existing
15.16 roads, historic sites, wetlands, designated floodways, and land below the ordinary high
15.17 water level of public waters are subtracted.
15.18 Subp. 87. Surface water-oriented commercial use. "Surface water-oriented
15.19 commercial use" means the use of land for commercial purposes, where access to and
15.20 use of a surface water feature is an integral part of the normal conductance of business,
15.21 including marinas, resorts, restaurants with transient docking facilities, and other surface
15.22 water-oriented businesses.
15.23 Subp. 88. Surface waters. "Surface waters" means waters of the state, excluding
15.24 groundwater as defined in Minnesota Statutes, section 1I5.01, subdivision 6. Surface
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16.1 waters include lakes, reservoirs, ponds, marshes, rivers, tributary streams, watercourses,
16.2 waterways, springs, and all other bodies or accumulations of water.
16.3 Subp. 89. Transient use. "Transient use" means temporary occupancy of a dwelling
16.4 unit or site.
16.5 Subp. 90. Travel trailer. "Travel trailer" has the meaning given under Minnesota
16.6 Statutes, chapter 168.
16.7 Subp. 91. Variance. "Variance" has the meaning given under Minnesota Statutes,
16.8 chapters 394 and 462.
16.9 Subp. 92. Water-oriented accessory structure. "Water-oriented accessory
16.10 structure" means a small building or other improvement, except stairways, fences, docks,
16.11 and retaining walls, that, because of the relationship of its use to a surface water feature,
16.12 reasonably needs to be located closer to public waters than the normal structure setback.
16.13 Water-oriented accessory structure includes gazebos, screen houses, fish houses, storage
16.14 sheds, pump houses, and detached decks and patios.
16.15 Subp. 93. Wetlands. "Wetlands" has the meaning given under Minnesota Statutes,
16.16 chapter 103G.
16.17 Subp. 94. Youth camp. "Youth camp" has the meaning given under Minnesota
16.18 Statutes, section 144.71.
16.19 6120.2860 INCORPORATIONS BY REFERENCE.
16.20 For purposes of parts 6120.2600 to 6120.4400, the following documents are
16.21 incorporated by reference and are not subject to frequent change:
16.22 A. The Minnesota Storm water Manual, Minnesota Pollution
16.23 Control Agency (2005), and as subsequently amended, available online at
16.24 www.pca.state.mn.us/water/stormwater/stormwater-manual.htmland through the Minitex
16.25 interlibrary loan system;
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17.1 B. Protecting Water Quality in Urban Areas, Minnesota Pollution Control
17.2 Agency (2000), and as subsequently amended, available through the Minitex interlibrary
17.3 loan system;
17.4 C. Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest
17.5 Management Guidelines for Landowners, Loggers and Resource Managers, Minnesota
17.6 Forest Resources Council (2005), and as subsequently amended, available through the
17.7 Minitex interlibrary loan system; and
17.8 D. Design Handbook for Recreational Boating and Fishing Facilities, States
17.9 Organization for Boating Access (2006), and as subseqJ;l~ntl:Yllmended, available through
17.10 the Minitex interlibrary loan system.
17.11 6120.2950 ADMINISTRATION OF SHOREEANDTONTROLS.
17.12 Subpart I. Administration and enforcement. Local governments must provide for
17.13 the administration and enforcement oflocal shoreland controls by establishing permit
17.14 and fee procedures for lot creation, building construction, shoreline buffers, storm water
17.15 management, installation of sewage treatment systems, grading and filling, and other
17.16 activities.
17.17 Subp. 2. Variances.
17.18 A. Variances ma:ybe granted only according to Minnesota Statutes, chapter 394
17.19 or 462, as applicable. Variances may not circumvent the general purposes and intent of
17.20 the official controls.
17.21 .!.L. Local governments must not substitute a conditional or interim use permit
17.22 process for the variance process in situations where a variance is required.
17.23 C. Variances must not be granted to allow any use that is prohibited in the
17.24 zoning district in which the subject property is located.
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18.1 D. Issuance of a variance to the standards of this chapter must include mitigation
18.2 according to subpart 6. Other conditions may be imposed in granting variances to ensure
18.3 compliance and to protect adjacent properties and the public interest.
18.4 Subp. 3. Conditional and interim uses. In addition to any existing standards local
18.5 governments may have for reviewing conditional and interim uses and the requirements
18.6 of Minnesota Statutes, chapter 394 or 462, the following standards must be incorporated
18.7 into local controls:
18.8 A. a thorough evaluation of the topographic, veg@tiltion, and soil conditions on
18.9 the site to ensure:
18.10 ill prevention of soil erosion, storm water runoff, or other possible
18.11 pollution of public waters, both during and after construction or use;
18.12 ID maintenance or restoration of the shoreline buffer to a natural state;
18.13 ill screening of structures and other facilities as viewed from public
18.14 waters; and
18.15 J:.:!l adequacy of the site for water supply and on-site sewage treatment;
18.16 B. interim use permits must require lot standards and placement and height of
18.17 structure standards consistent with part 6120.3300, subparts 2c, 2d, and 3; and
18.18 C. where evaluation and assessment determine the need for additional
18.19 environmental protections, issuance of a conditional or interim use permit must include
18.20 conditions for approval and mitigation requirements according to subpart 6. Local
18.21 governments may impose other conditions when granting conditional use permits that
18.22 specify: increased setbacks from public waters; location, design, and use requirements
18.23 for watercraft launching or docking and for vehicular parking; structure or other facility
18.24 design, use, and location; phasing of construction; conservation easements to protect the
18.25 shoreline buffer; special requirements for limiting runoff and directing it away from
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19.1 bluffs and steep slopes; and other conditions considered necessary by the local unit
19.2 of government.
19.3 Subp. 4. Nonconformities.
19.4 A. All non conformities must be managed according to applicable state statutes
19.5 and local government official controls.
19.6 .!.L. Local governments must control and manage any increase in nonconformity
19.7 of a structure. Increases in nonconformity of a structure require mitigation consistent
19.8 with subpart 6.
19.9 Subp. 5. Lots of record.
19.10 A. Lots of record in the office of the county recorder on the date of enactment
19.11 oflocal shoreland controls that do not meet the requirements in part 6120.3300 may be
19.12 allowed as building sites without variances from lot size requirements if the requirements
19.13 of Minnesota Statutes, section 394.36 or 462.357, are met.
19.14 .!.L. Where a nonconforming lot of record lacks sufficient buildable area to meet
19.15 the structure setback requirement in part 6120.3300, subpart 3, a variance is not required if:
19.16 ill the lot is not within a wild, scenic, or recreational river shoreland;
19.17 J1L principal structures exist on the adjoining lots on both sides of a
19.18 proposed building site and structure setbacks are altered to conform to the adjoining
19.19 setbacks, provided the proposed building site is not located in a shore or bluff impact
19.20 zone; and
19.21 Ql mitigation consistent with subpart 6 is required.
19.22 C. Necessary variances from setback requirements must be obtained before any
19.23 use, sewage treatment system, or zoning or building permits are issued for nonconforming
19.24 lots of record. In evaluating all the variances, the local government shall consider storm
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RD3879
20.1 water runoff, vegetative buffers, sewage treatment and water supply capabilities, or
20.2 constraints of the lots and shall deny the variances if adequate facilities cannot be provided.
20.3 D. If, in a group of two or more contiguous lots under the same ownership,
20.4 any individual lot does not meet the requirements in part 6120.3300, the lot must not be
20.5 considered as a separate parcel of land for the purpose of sale or development and must be
20.6 combined with the one or more contiguous lots so they equal one or more parcels of land,
20.7 unless the requirements of Minnesota Statutes, section 394.36 or 462.357, are met.
20.8 ~ Lots of record that were conforming prior to ~slioreland reclassification
20.9 remain conforming for lot size, setbacks, and buildably;;lre;;l;
20.10 Subp. 6. Mitigation.
20.11 A. On-site mitigation is required for:
20.12 ill a granted variance to tnes~d~rdsOLthis chapter;
20.13 J1L issuance of a..peffQ.it for;;lii.increase in structure footprint area for
20.14 a nonconforming structure wnere ev;;llil~tiQn;;lnd assessment determine the need for
20.15 additional environment~hpfQteotiOns;
20.16 Ql issuance of;;lperniit for shoreline alteration; and
20.17 J:.:!l issuanoy QLany conditional or interim use permit where evaluation and
20.18 assessment determine the need for additional environmental protections.
20.19 B. The local government shall use either a performance standard approach
20.20 dependent on certified personnel or a mitigation scoring system approach according to
20.21 item CorD. The performance standards for mitigation that the local government develops
20.22 must be consistent with the policies and standards in this chapter.
20.23 ~ A performance-based approach requires that a storm water management plan
20.24 that includes shoreland buffers, erosion control, and runoff reduction for the parcel be
20.25 developed by certified personnel in erosion and sediment control, certified personnel in
6120.2950
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RD3879
21.1 design of storm water pollution prevention plans, or a Minnesota-licensed professional
21.2 engineer or geoscientist. These trained professionals are responsible for design and
21.3 inspection of installation and use of best management practices. The plan must be
21.4 approved by the local government and effectively implemented.
21.5 D. A mitigation scoring system approach requires that mitigation be
21.6 proportional to the impact of the project and requires:
21.7 ill to protect water quality and safeguard sensitive areas, maintenance of
21.8 the natural shoreline vegetation, restoration of areas within.tl'ie shore impact zone to a
21.9 natural state, restoration of buffers to meet the standardsltiPArt 6120.3310, restoration
21.10 of ice ridges, or restoration of wetlands;
21.11 ID to protect water quality, propelJty Qwners to contain, treat, or infiltrate
21.12 storm water runoff from the impervious stltkAges on fl'ieproject site using best management
21.13 practices consistent with The Minnesota Sfprm:l!YafeltManual, incorporated by reference
21.14 under part 6120.2860. Preferelle@mUst be giyj;)n to volume reduction practices to maintain
21.15 predevelopment runoff voluml:?usillg itlfiltrAtion basins, rain gardens, enhanced infiltration
21.16 swales, filter strips, dis@otinl:?9tedimpervious areas, and other conservation designs.
21.17 Erosion control atldstorm wafeltmatiagement plans for the parcel must be approved by
21.18 the local government and. effj;)@tlvely implemented; and
21.19 ill the impervious surface coverage be brought into compliance to the
21.20 maximum extent practicable with the impervious surface coverage requirements of part
21.21 6120.3320. For properties that will exceed the maximum allowable impervious surface
21.22 coverage, certified personnel in erosion and sediment control or a Minnesota-licensed
21.23 professional engineer are responsible for design and inspection of installation and use of
21.24 best management practices. A properly designed storm water pollution prevention plan
21.25 must be approved by the local government and effectively implemented.
21.26 Subp. 7. Department duties.
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22.1 A. The commissioner shall provide advice and assistance to a local government
22.2 in the development, adoption, administration, and enforcement of its shoreland zoning
22.3 ordinances, consistent with the shoreland conservation policies in part 6120.2600. The
22.4 commissioner shall also:
22.5 ill develop model ordinances;
22.6 J1L review and approve shoreland ordinances prior to adoption by the
22.7 local government. The commissioner shall:
22.8 D!l approve shoreland ordinances that are based entirely on the model
22.9 ordinances developed under subitem (l );
22.10 \.QL compare the shoreland zoning ordinance and amendments that
22.11 have been developed by a local government with the minimum standards in this chapter
22.12 for shoreland conservation;
22.13 Gl review information on administration and enforcement capabilities;
22.14 l:.4.L review county-township agreements and joint power agreements
22.15 under subparts 9 and 10; and
22.16 (e) issue a certificate of fulfillment when the local government has,
22.17 in the opinion of the commissioner, substantially complied with the state's minimum
22.18 shoreland conservation standards or deny that certification until the local government
22.19 addresses the discrepancies identified in the review. The commissioner shall notify the
22.20 local government of approval or denial of certification within 30 days from receipt of the
22.21 proposed ordinance, amendments, and details of how administration of controls will be
22.22 implemented addressing each of the requirements in subpart I, except for ordinance
22.23 flexibility requests according to subpart II, and for townships where the notification shall
22.24 be within 60 days to allow time to review county notifications and recommendations;
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RD3879
23.1 ill aid in the fulfillment of the state's role to conserve shorelands and to
23.2 monitor the administration and enforcement of shoreland zoning ordinances. In so doing,
23.3 the commissioner may:
23.4 @.2... review decisions on granting of subdivisions, planned unit
23.5 developments, new resorts, conditional use permits, interim use permits, variances, and
23.6 appeals;
23.7 \.QL review recent local government actions with regard to shoreland
23.8 controls to ensure compliance with the state's minimum shOI@hmd conservation standards;
23.9 and
23.10 Gl periodically review the oV~fall implementation and enforcement
23.11 of shoreland controls and report to local goverrim~nt~on potential deficiencies and
23.12 achievements;
23.13 J:.:!l.. develop educational mati;rie:lfoFfoCal governments for use in
23.14 educational and marketing efforts that encourage shoreline buffers in a natural state
23.15 bordering public waters;
23.16 ffi d<ivelop modd mitigation measures or systems for common conditions
23.17 that local government~ may us<iaccording to subpart 6; and
23.18 @ developtifaining programs on parts 6120.2600 to 6120.4400 and on the
23.19 use of model ordinances.
23.20 .!.L. After review, if the commissioner determines that the local government has
23.21 failed to adopt and administer a shoreland conservation ordinance that meets the state's
23.22 minimum shoreland conservation standards, the commissioner may:
23.23 ill appeal the actions of the local government to courts as provided under
23.24 Minnesota Statutes, chapters 394 and 462;
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RD3879
24.1 ID reduce or eliminate future shoreland block grants or seek ineligibility
24.2 for any state conservation-related grants; and
24.3 ill adopt or adapt the model ordinance to a county or municipality
24.4 according to Minnesota Statutes, sections 103F.215 and 103F.221.
24.5 Subp. 8. Local government duties. Local governments shall:
24.6 A. amend a land use ordinance to meet or exceed the minimum standards and
24.7 criteria under parts 6120.2600 to 6120.4400 for lake and river conservation. The local
24.8 government shall meet with the commissioner's designated representative prior to a formal
24.9 submission of any substantive change;
24.10 .!.L. submit proposed shoreland ordinances, shoreland ordinance amendments,
24.11 information on administration and enforcement capabilities addressing each of the
24.12 requirements of subpart I, zoning maps and amendments, and, if necessary, a natural
24.13 resource priority map to the commissioner for review and approval before adoption. As
24.14 necessary, counties and townships must also comply with subpart 9;
24.15 C. administer and enforce shoreland ordinances upon adoption;
24.16 D. send copies of all notices of public hearings to consider variances, shoreland
24.17 ordinance amendments, plats, planned unit developments, new resorts, or conditional use
24.18 and interim use permits under local shoreland management controls to the commissioner
24.19 or the commissioner's designated representative at least ten days before the hearings in a
24.20 format prescribed by the commissioner. Notices of hearings to consider proposed plats
24.21 must include electronic copies of the plats; and
24.22 ~ send copies of approved plats and final decisions granting variances or
24.23 conditional or interim uses under local shoreland controls, including findings of fact
24.24 and hardship or practical difficulties criteria, to the commissioner or the commissioner's
6120.2950
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REVISOR
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RD3879
25.1 designated representative within ten days offinal action in a format prescribed by the
25.2 commiSSIOner.
25.3 Subp. 9. Shoreland management by townships.
25.4 A. Townships may adopt shoreland controls under authority of Minnesota
25.5 Statutes, chapter 462, if the controls are consistent with or more restrictive than the
25.6 controls adopted by the county in which the township is located as required by Minnesota
25.7 Statutes, section 394.33. Townships must provide for administration and enforcement of
25.8 shoreland controls at least as effective as county implemenU!tibn. A township may adopt
25.9 a county's ordinance and future amendments to that ordijlajlqe by reference or certain
25.10 parts of a county ordinance by reference.
25.11 .!.L The commissioner shall consider sl11Qrel@o management controls adopted by
25.12 townships to be consistent with county qotJtwls onlvlf.the controls cover the same full
25.13 range of shoreland management control proyisiojlsqoyered by the county controls, contain
25.14 dimensional standards at leastasrestrktiveas those in the county controls, and do not
25.15 allow land uses in particulaiiaveas tnatateuQfallowed under the county's official controls.
25.16 ~ One oftneT6lIowingmethods must be used to obtain commissioner approval
25.17 according to subpart}?:
25.18 ill a towniinipshall submit its proposed shoreland ordinances, zoning
25.19 map, and details on administration and enforcement capabilities and implementation
25.20 addressing each of the requirements of subpart I to the commissioner and to the county
25.21 for review. The township must provide to the county board its proposed ordinance and
25.22 information on how the ordinance and its administration will be at least as restrictive
25.23 as the county's. The county has up to 30 days from receipt of the township's plan for
25.24 administration and enforcement of shoreland controls to notify the commissioner as to
25.25 whether the township's plan for shoreland controls will be as restrictive as the county's.
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RD3879
26.1 A county may recommend to the commissioner the denial or approval of a township
26.2 shoreland conservation certificate of fulfillment according to subpart 7; or
26.3 ID a county and a township may enter into a written agreement to allow the
26.4 township to administer and enforce all or any part of shoreland controls. The agreement:
26.5 D!l must be in writing and signed by the county board and town board;
26.6 \.Ql must list criteria that the parties will use to determine if the
26.7 performance meets appropriate standards and is sufficient to replace performance by
26.8 the county;
26.9 Gl may specify minimum staff requirements and qualifications, set
26.10 procedures for interoperability, and provide for termination procedures if either party finds
26.11 the other fails to comply with the agreement; and
26.12 l:.4.L may provide for automatic renewal and for notice of intent to
26.13 terminate by either party.
26.14 D. Unless an alternative agreement exists between the county and the township,
26.15 after the township's shoreland controls are approved by the commissioner, property
26.16 owners must obtain necessary permits and approvals only as required in the township
26.17 shoreland controls. Property owners do not have to obtain similar permits or approvals
26.18 under the county's shoreland controls.
26.19 .!..h.. Upon approval of a township's shoreland controls by the commissioner, the
26.20 county and township shall develop and implement a plan for an orderly transition from
26.21 county to township administration. The plan must:
26.22
26.23
ill set procedures for addressing future county amendments to shoreland
controls;
26.24 ID provide a process for counties and townships to notify each other of any
26.25 amendments to shoreland ordinances, zoning maps, or other shoreland controls; and
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RD3879
27.1 Ql include procedures for turning administration back to the county in the
27.2 event that the township will no longer administer shoreland controls.
27.3 Subp. 10. Joint exercise of powers. To facilitate more logical, consistent, and
27.4 efficient administration of shoreland management controls, local governments may enter
27.5 into joint powers agreements with adjacent or otherwise similarly situated local units of
27.6 government to jointly administer shoreland management controls according to Minnesota
27.7 Statutes, sections 394.32 and 471.59.
27.8 Subp. 1I. Ordinance flexibility.
27.9 A. Local governments may, under special circumstances and with the
27.10 commissioner's approval, adopt shoreland management controls that are not in strict
27.11 conformity with parts 6120.2600 to 6120.4400, provided the purposes of Minnesota
27.12 Statutes, sections 103F.201 to 103F.227, are satisfied. Ordinance flexibility does not apply
27.13 to designated wild, scenic, or recreational river shorelands. Special circumstances include:
27.14 ill shorelands subject to other water and related land resource management
27.15 programs authorized by state or federal legislation with goals compatible with parts
27.16 6120.2850 to 6120.4300 and Minnesota Statutes, sections 103F.20 I to 103F.227; or
27.17 ID individual waters subject to standards developed specifically for these
27.18 water resources after a comprehensive study and planning effort.
27.19 B. Alternative shoreland controls may use the following concepts and
27.20 approaches, or others:
27.21 ill expanded or different public waters classification systems; or
27.22 ID standards that are more restrictive than the standards under parts
27.23 6120.2600 to 6120.4400 as trade-offs for the same areas where they are less restrictive.
27.24 C. A local government must request the commissioner's consideration of
27.25 alternative shoreland controls under this subpart and must provide written justification
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28.1 to the commissioner, including input from other units of government that could be
28.2 affected by the alternative controls and supporting information, maps, and documents, as
28.3 appropriate, to explain the request to the commissioner, including explanations of how
28.4 deviations from state standards are justified.
28.5 D. The commissioner shall respond to the local government's request for
28.6 consideration of alternative shoreland controls under this subpart and subpart 8 according
28.7 to subitems (l) to (3):
28.8 ill the commissioner shall acknowledge in writing receipt of the request
28.9 and approve or deny the request within 60 days of receipt of the request and all necessary
28.10 supporting documents and technical data. For extraordinarily complex issues and requests
28.11 involving multiorganization coordination, the commissioner and the affected local
28.12 governments may mutually agree to an extension of the 60-day response requirement;
28.13 J1L the commissioner shall state to the local government the reasons for
28.14 the approval or denial and, as appropriate, suggest alternative solutions or regulatory
28.15 approaches that would be acceptable to the commissioner; and
28.16 ill the local government either proposing alternative shoreland controls
28.17 or a local government being affected by alternative shoreland controls may request a
28.18 contested case hearing under Minnesota Statutes, section 103G.311.
28.19 .!..h.. Local governments shall apply for ordinance flexibility according to this
28.20 subpart in order to use the standards in part 6120.4400. The commissioner shall allow the
28.21 use of the procedures under part 6120.4400 only when a local government has adopted a
28.22 comprehensive plan that includes natural resource, open space, and recreational goals,
28.23 shoreland controls, and administration compliant with the state's minimum shoreland
28.24 conservation standards and has produced a natural resource priority map for the local
28.25 government's jurisdiction. The commissioner may impose restrictions on this ordinance
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RD3879
29.1 flexibility based on the need to protect the environment and other public interests,
29.2 including:
29.3 ffi conditions on the local government in the allowance of use of
29.4 procedures under part 6120.4400; and
29.5 ID limits on the scope and duration of this flexibility.
29.6 6120.3050 SHORE LAND CLASSIFICATION SYSTEM.
29.7 Subpart I. Reclassification; defauIt classification.
29.8 A. The following public waters, ifnot already classified as natural environment,
29.9 are reclassified into the natural environment class:
29.10 ffi trout lakes designated under part 6264.0050;
29.11 ID wildlife lakes designated under Minnesota Statutes, section 97 A.IO l,
29.12 subdivision 2; and
29.13 ill migratory waterfowl feeding and resting lakes designated under part
29.14 6240.2100 and Minnesota Statutes, section 97A.095, subdivision 2.
29.15 .!.L Lakes, ponds, and flowages that are not classified automatically default to
29.16 the natural environment class until such time that the commissioner classifies them.
29.17 C. The commissIOner may, as the need arises, reclassify any public water
29.18 to a more restrictive class, except the commissioner shall follow the provisions in
29.19 part 6120.3450, subpart 3, to designate and reclassify wild, scenic, and recreational
29.20 river segments. A local government may at any time submit to the commissioner for
29.21 consideration a resolution and supporting data requesting a change to a more restrictive
29.22 classification of waters within its jurisdiction.
29.23 Subp. 2. Modification and expansion of system. The commissioner may, as the
29.24 need arises, modify or expand the shoreland classification system to provide specialized
6120.3050
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RD3879
30.1 shoreland management standards based upon unique characteristics and capabilities of
30.2 any public waters, except the commissioner shall follow the provisions in part 6120.3450,
30.3 subpart 3, to designate additional rivers for inclusion in the wild and scenic rivers system.
30.4 Subp. 3. Classes. The classes of public waters are:
30.5 A. natural environment lakes. These lakes are generally small, often shallow
30.6 lakes with limited capacities for assimilating the impacts of development and recreational
30.7 use;
30.8 .!.L. natural environment - special shallow lakes. These lakes are generally large,
30.9 shallow lakes with critical wildlife habitat and a history of highly valued traditional
30.10 outdoor recreational uses. The lakes usually do not have much existing development. This
30.11 class is a subclass of the natural environment lake class;
30.12 ~ recreational development lakes. These lakes are generally medium-sized
30.13 lakes of varying depths and shapes with a variety oflandform, soil, and groundwater
30.14 situations on the lands around them. At the time of the original classification, they were
30.15 characterized by moderate levels of recreational use and existing development consisting
30.16 mainly of seasonal and year-round residences and recreation ally oriented commercial uses;
30.17 D. general development lakes. These lakes are generally large, deep lakes or
30.18 lakes of varying sizes and depths with high levels and mixes of existing development at the
30.19 time of the original classification. These lakes often are extensively used for recreation;
30.20 E. cold water rivers. This river class includes trout streams designated under
30.21 part 6264.0050;
30.22 F. natural environment rivers. This river class includes previously classified
30.23 remote, forest, transitional river segments and tributary river segments that flow into
30.24 natural environment lakes. The types and intensities of recreational uses within this
30.25 class vary widely;
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RD3879
31.1 G. general development rivers. This river class includes previously classified
31.2 agricultural and urban river segments and those tributary river segments not included in
31.3 item F. This class has a wide variety of existing land and recreational use characteristics;
31.4 and
31.5 H. wild, scenic, and recreational rivers. Wild, scenic, and recreational rivers or
31.6 segments of rivers and their adjacent shorelands possess outstanding scenic, recreational,
31.7 natural, historical, scientific, or similar values:
31.8 ill Wild rivers are those that exist in a free-flowing state with excellent
31.9 water quality and with adjacent lands that are essentiaUvprlffiitive. For purposes of this
31.10 subitem:
31.11 @.L "free-flowing" means existing in a natural condition without
31.12 significant artificial modification such as impoundment, diversion, or straightening. The
31.13 existence, however, of low dams, diversion works, or other minor structures does not
31.14 automatically bar a river's inclusion as a wild, scenic, or recreational river;
31.15 \.QL "excellent water quality" means that the water quality is in or
31.16 approaches natural condition with no significant evidence of human activities; and
31.17 (c) "adjacent lands that are essentially primitive" means that the river's
31.18 adjacent lands possess a wilderness or natural-like appearance. These adjacent lands are
31.19 substantially free of habitation and other evidence of human intrusion. However, the
31.20 existence of a few unobtrusive structures along the river does not bar a river from wild
31.21 river classification nor would a limited amount of domestic livestock grazing and pasture
31.22 land and cropland developed for the production of hay. Wild rivers are not paralleled by
31.23 conspicuous and well-traveled roads or railroads. Short, inconspicuous, and well-screened
31.24 structures do not bar a river from wild river classification nor do bridge or utility crossings.
31.25 ID Scenic rivers are those rivers that exist in a free-flowing state and with
31.26 adjacent lands that are largely undeveloped. For purposes of this subitem:
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RD3879
32.1 @l "free-flowing state" has the meaning given under subitem (I); and
32.2 \.Ql "adjacent lands that are largely undeveloped" means that the
32.3 adjacent lands still present an overall natural character, but in places may have been
32.4 developed for agricultural, residential, or other land uses. Small communities that are
32.5 limited to short reaches of the total area do not bar a river from scenic river classification.
32.6 Although roads and railroads may occasionally bridge certain rivers, this does not bar
32.7 the rivers from scenic river classification nor do short stretches of conspicuous roads
32.8 and railroads and longer stretches of inconspicuous and welbscreened roads or railroads
32.9 paralleling the river.
32.10 ill Recreational rivers are those riy@psthat may!'laye undergone some
32.11 impoundment or diversion in the past and that may !'lave adjacent lands that are
32.12 considerably developed, but that are stilLcapable olDheing managed to preserve and
32.13 protect outstanding scenic, recreational, rlilturaI\!'listQrical, or scientific values. For
32.14 purposes of this subitem:
32.15 @l "mayl'lave llndergone..some impoundment or diversion in the past"
32.16 means that there maymepPe@xistijijJg water resource development and diversions having an
32.17 environmental impact greater t!'liln that described for wild and scenic rivers; and
32.18 \.Ql'!mavl'lave adjacent lands that are considerably developed" means
32.19 that the bordering lands may have already been developed for a full range of agricultural
32.20 or other land uses. Recreational rivers may also be readily accessible by preexisting
32.21 roads or railroads.
32.22 Subp. 4. Additional classifications. Local governments may create additional
32.23 classifications that have more protective standards than the natural environment lake and
32.24 river and cold water river classifications. For purposes of parts 6120.2600 to 6120.4400,
32.25 the additional classifications shall be treated as subclasses to the natural environment class.
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RD3879
33.1 Subp. 5. MuItiple classifications. The commissioner may, upon receipt of a
33.2 resolution from a local government according to subpart l, item C, apply multiple
33.3 shoreland management classifications on a public water. Where the commissioner has
33.4 received a resolution, the following policies and criteria shall be used in approving any
33.5 request for multiple shoreland management classifications on a single public water:
33.6 A. for public waters with irregular natural shoreline configurations, possessing
33.7 one or more bays, arms, islands, peninsulas, or points or lakes that have been artificially
33.8 segmented by roadways, railways, bridges, or levees, the commissioner may assign
33.9 multiple shoreland management classifications to clearly defined portions of the shoreland
33.10 area consistent with this part;
33.11 .!.L. in no case shall the commissioner apply multiple shoreland management
33.12 classifications on a lake with a total water surface acreage less than or equal to 250
33.13 acres or on a single embayment with a total water surface acreage less than or equal to
33.14 five acres; and
33.15 C. for public waters not meeting the criteria under item A or B, the
33.16 commissioner shall recommend the use of a special protection shoreland overlay district
33.17 according to part 6120.3250 as the preferred method for a local government to manage
33.18 the associated shorelands.
33.19 6120.3250 SHORE LAND OVERLAY DISTRICTS.
33.20 Subpart I. General requirement; intent. The development of shorelands of public
33.21 waters must be controlled by means of land use zoning shoreland overlay districts. The
33.22 initial shoreland overlay district and the special protection shoreland overlay district are
33.23 intended to protect water quality of lakes and streams; protect the ecological integrity of
33.24 shorelands and their associated public waters; protect drinking water sources; preserve
33.25 the economic and natural environmental values of shorelands; and preserve and protect
6120.3250
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REVISOR
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RD3879
34.1 those rivers and adjacent lands that possess outstanding scenic, recreational, natural,
34.2 historical, scientific, and similar values.
34.3 Subp. 2. Shoreland overlay districts. Local governments must create shoreland
34.4 overlay districts that must be regulated in compliance with the specific lake or river
34.5 shoreland classification in part 6120.3050 for the associated shoreland. Classifications
34.6 used in this district include general development lakes and rivers, recreational development
34.7 lakes, natural environment lakes and rivers, cold water rivers, recreational rivers, scenic
34.8 rivers, and wild rivers.
34.9 Subp. 3. Special protection shoreland overlay district.
34.10 A. Local governments may create special protection shoreland overlay districts
34.11 that are regulated in compliance with this chapter. A special protection shoreland overlay
34.12 district is intended to be used for three basic purposes. The first purpose is to limit and
34.13 properly manage development in areas that are generally unsuitable for development or
34.14 use due to flooding, erosion, limiting soil conditions, steep slopes, or other major physical
34.15 constraints. A second purpose is to manage and preserve areas with special historical,
34.16 natural, or biological characteristics. A third purpose is to protect sources of drinking
34.17 water for public water supply wells and surface water intakes.
34.18 B. Local governments may establish special protection shoreland overlay
34.19 districts for sensitive shore\and areas and other vulnerable areas and these districts shall be
34.20 regulated with controls that meet or exceed the natural environment class standard.
34.21 ~ Criteria for establishing special protection shoreland overlay districts for
34.22 portions oflake shorelands include vulnerable or nutrient-susceptible bays, areas adjoining
34.23 inlets and outlets, and areas with broad and extensive littoral zones or wetland fringes.
34.24 Subp. 4. Shoreland classifications and uses.
6120.3250
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REVISOR
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RD3879
35.1 A. Local governments may create land use districts based on the shoreland
35.2 classification. Except for designated wild, scenic, and recreational river shorelands under
35.3 item B, a conditional use permit is required for:
35.4 ill industrial and extractive uses, if allowed by local government controls
35.5 within cold water rivers, natural environment, and natural environment - special shallow
35.6 shorelands;
35.7 J1L controlled access lots;
35.8 Ql new resorts and expansions of more than 12 dwelling sites for existing
35.9 resorts;
35.10 J:.:!l planned unit developments on riparian lots or parcels without a riparian
35.11 dedication or conservation easement consistent with part 6120.3300, subpart 2, item
35.12 E, subitem (3); and
35.13 ffi planned unit developments or residential developments containing 15
35.14 or more dwelling units or sites for a sensitive shoreland area or elsewhere containing 25
35.15 or more dwelling units or sites.
35.16 .!.L. Within designated wild, scenic, and recreational river shorelands, uses must
35.17 be regulated according to the use table in this item and not by the local government's
35.18 applicable underlying zoning, unless specified otherwise in the management plan. In
35.19 the following use table, "P" means permitted use, "e" means conditional use, and "N"
35.20 means non permitted use.
35.21
35.22
Wild River
Scenic River
Recreational
River
35.23
35.24
35.25
(l) Governmental campgrounds,
including expansions, subject to
management plan specifications
N
P
P
6120.3250
35
DNR DRAFT
07/06/10 REVISOR CKM/JK RD3879
36.1 (2) Private campgrounds, including N C C
36.2 expansions, subject to management
36.3 plan specifications
36.4 (3) Public accesses, road access N P P
36.5 type with boat launching facilities,
36.6 subject to management plan
36.7 specifications
36.8 (4) Public accesses, trail access P P P
36.9 type, subject to management plan
36.10 specifications
36.11 (5) Other governmental open P P
36.12 space recreational uses, subject to
36.13 management plan specifications
36.14 (6) Other private open space C C
36.15 recreational uses, subject to
36.16 management plan specifications
36.17 (7) Agricultural uses P P
36.18 P P
36.19 (9) Forest management or P P
36.20 silviculture
36.21 (10) Essential services P P
36.22 ( II) Sewer systems P P P
36.23 (12) Private roads and.minor puplic P P P
36.24 streets
36.25 (13) Signs approved by fe€leral, P P P
36.26 state, or local government that are
36.27 necessary for public health and
36.28 safety; signs indicating areas that
36.29 are available, or not available, for
36.30 public use; and signs not visible
36.31 from the river
36.32 (14) Governmental resource P P P
36.33 management for improving fish
36.34 and wildlife habitat; wildlife
36.35 management areas; nature areas;
36.36 and accessory roads
6120.3250
36
DNR DRAFT
37.1
37.2
37.3
37.4
37.5
37.6
37.7
37.8
37.9
37.10
37.11
37.12
37.13
07/06/10
CKM/JK
REVISOR
RD3879
(15) Underground mining that does
not involve surface excavation in
the land use district
(16) Utility transmission power
lines and pipelines, subject to part
6120.3450
c
c
c
c
c
c
(17) Public roads, subject to part
6120.3450
c
c
c
(18) Home-based businesses,
subject to Minnesota Statutes,
section 103F.321
c
c
c
(19) Resorts, including expansions
N
N
37.14 classified shorelands.
37.15
37.16
6120.3300 ZONING PROVISIONS
CONTROLS.
Subpart I. Purpose. To
of
and water surface crowding,
37.17 to prevent pollution of
37.18 lots for sewage
of the state, to provide ample space on
minimize flood damag.os damage caused by flooding
37.19 and erosion, to
to maintain 11~~tul~V valu,-,~ the integrity of
37.20 significant historic
and to maintain ecological integrity and
and adjacent water areas, shoreland controls must
37.21 natural characteristics
37.22 regulate lot sizes, placement of structures, and alterations of sl1Oldal1d alGas shorelands.
37.23 Subp. 2. Residential Lot size. All sin~k, dtlpkx, ttipkx, and quad IG,idwtial
37.24 A. Lots created after the date of enactment of the local shoreland controls must
37.25 meet or exceed the dimcnsions plGSClltGd in standards under this subpart and subparts 2a:
37.26 2c and 2L, ClUj tIn_ [ullu vv ~llO. 2d.
37.27 -ftr: Lub lllu~t Hut Lv U\.l\.lul-'~\.IJ Ly allY lllUl\.l JvV\..Jl~llo ull~b tllau ~llJ~\.Iah,'/J
37.28 III .5t1bp~Ht.5 2a alld 2b. RGSldGutial .5t1bdlvls1611s \'\'1tll dvv(,llill~ tlait dGllsltlGS (,xcccdin~
6120.3300
37
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
38.1 thosG III thG tablGsl11 stlbpa1ts 2a a11d 2b Ga11 ol1ly bG allovvGd If dGSl~llGd a11d app10vGd as
38.2 1\.l~~J\.Illt~al plallll\.lJ Ull~t J\.Iv \.Ilvplll\.lllb UllJ\.II palt G120.J800.
38.3 B. If the underlying zoning district lot dimensional standards are more
38.4 restrictive than subparts 2c and 2d, then the zoning district standards apply.
38.5 ~ Only land above the ordinary high water level of public waters can be used
38.6 to meet lot area standards, and lot width standards must be met at both the ordinary
38.7 high water level and at the btlildin~ linG. Th.:; 5G"GI lut alGa dilllw5ion, in 5tlbpalt 2a,
38.8 ~t\.llll~ D tv r \.Iall vllly L\.I U~\.IJ ~[puLl~\.Ily VVVll\.lJ ~\.IVV\.II ~y~~Xf~I~\.IIV~\.I\.I ~~ ava~lccLl\.l tv tll\.l
38.9 plOpGlty. required minimum structure setback from the ordinary high water level. Local
38.10 government controls must also require:
38.11 ill in areas not served by publicly owned sewer, the buildable area is at
38.12 least 8,500 square feet per lot; and
38.13 ID in areas not served by publicly owned sewer, at least two soil treatment
38.14 and dispersal areas are available for each lot, as described in chapter 7082.
38.15 B:- Ollll<<ttllal~,11 v 1161i~~~Eiit lakis~:stlbdl v Islo11s of dtlplGXGs, 111plGXGs, a11d quads
38.16 lllU~t al~v lll\.l\.lt tll\.l,,:J:~llvvv~I~;:2~flllJ:iJ~.
38.17 ttt Ldel+:Lu~lJ~~~g'lllu~t L\.I ~\.It La\.lh. at l\.la~t 200 f\.l\.lt LVllI tll\.l vIJ~llalY
38.18 l1i~11 "atGI k,d.
38.19 -EZJ- LaGh btllldl11~ llltlst havG Goll1ll1011 sGvva~G 11G<<1111G11t a11d vv<<tG1 .5y.5tG111S
38.20 tlldt ~\.II V \.I all Jvv\.Ill~llo ull~b ~ll tll\.l Lu~lJ~llo.
38.21 t3T "lvYdt\.lI\.llaft JV\.Ih.~110 [a\.l~l~t~\.I~ fVI \.Ia\.lll lvt lllU~t L\.I \.I\.Illtlal~L..\.IJ ~ll Vll\.l
38.22 luGation a1ld 5':;1 ,G all d"dlin~ tlnit5 ill tl1G btlildin~.
38.23 ~ No IIIOIG tl1a11 25 pGIGWt of a lak':;'5 5hOldillG Gall bG in dtlpkx, tlipkx,
38.24 01 quad dGvGlop111ClltS.
6120.3300
38
DNR DRAFT
39.1
39.2
39.3
39.4
39.5
39.6
39.7
39.8
39.9
39.10
39.11
39.12
39.13
39.14
39.15
39.16
39.17
39.18
39.19
39.20
39.21
39.22
39.23
39.24
39.25
39.26
07/06/10
CKM/JK
REVISOR
RD3879
B:- One, ~t1(,.5t (,(y1:ta6(, lllay be, allovvGd III loGal '-DuboIs 6u16ts lllc(,tln~ 61
\.U"-\.I\.I\.IJ~110 tIn", Jupl\.u'-. J~lll\.'/ll~~Ull~ pl\.l~\.Illh,'/J ~ll ~uLpal b 2a ClUj 2L ~[tIn", \.Iulltlul~ al~u
lC,qt111G allofthG f6116vvlll~ stalldaJds t6 be, 111(,1.
-E+T F 61 16ts (,xCCCdlll~ the, Illllllllltll11 lot dllllGllS161lS of dtlpkx 16ts, the,
OU\.l~t \.Iuttac,"-' lllu~t Lv lU\.Iah,'/J vv~tll~ll tIn", ,~Hllall\.l~t Jupl\.u"--~~L..\.IJ lut tlwt \.IuulJ Lv \.Il\.,/ah./J
indtldill~ thG plinGipal d"dlin~ tlnit.
~ A ~tlGst wtta~G IIltlSt nut C,hGI IlIOtG tl1an 700 sqtlalG ft;Gt of land
~Ul[m.I\.I ClUj lllu~t Hut \.u,"-\.I\.I\.IJ 15 ["-'\.It ~ll ll\.l~ollt.
t3T A ou,-,~t vuttao'-' lllu~t Lv luvah".J VI ~:;'~o~~~~,tu H.JU"-''-' ~b v ~~~L~l~ty a~
,iG"Gd flOllI ptlbliG "atGIS and adjaGwt sholdands b} 'G~Gtatiun, topo~laph}, inGIGasGd
s(,tbaGks, colel, 61 oth('1 lllGalls a(,(,(,ptablG t6 tlle:l~(,~l:i1'lllt of ~6v('11l1l1('llt, a.5.5t1nlln~
~Ullllll"-'l Ivai-vll \.IUllJ~t~Ull~.
B:- Lub u[ l'-'''-'UIJ ~ll tll\.-'YlL"-''-' vCUlyi;;~u~~tY"~'-'''-'UlJ'-'l Ull tIn_ Jatv v[ vuavtulvut v[
10Gal sh01Glalld cOll11ols th<<tg~:iiot n~~Gt thd:~YCftl1lGlllGllts of 1tGlllS J.\. to L alld Stlbpalts
2a auJ 2L Ula) Lv allvvvvJ a;':I!ttl~nrg:~Tte~::~~tllvut val~auvv~ LvuI lvt ~~L.V IVI..JU~IVUlvub
plO,idGd thG tlSG is pelll1ittcd ill thc :z;onin~ distliGt, tl1G lot has bGW in SGpaHttG o"nGIship
LvuI ceLutt~uo lauJ;:$~,all t~UIV~':;~uvv ~t Lvvaulv ~uL~tauJaIJ, vva~ vlvatvJ vvull-'l~aut vv~tll
oflkial wllttols ill dk3~f\t t!~~timG, and SG"a~G ttGatmwt and sGtback IGqtlilGIllWtS uf
thG sholGlalld G011110ls alG 111G1. ~JGGGSSaly val1allCGS flOlll sGtbaGk IGCftl1lG111Gllts llltlst bG
vLta~uvJ LvfvIV au) u~v, ~vvvaov tlvatulvut ~)~tVIU, VI Lu~lJ~uo pVIUI~b alv ~~~uvJ fVI tllv
lots. III Gvaltl<<t1ll~ all thG val1a11GGS, boalds of adjtls11uGllt shall Gol1s1dGl sG\'\'a~G 11G<<11UGl1t
auJ vvdtvl ~uppl) vapceL~l~t~v~ VI vvu~tla~ub V[ tllv lvb auJ ~llall JvU) tllv val~auvv~ ~[
adGqtlatc faGilitiGS Gannot bG pto,idGd. If, ill a ~totlp ofn,o Ot mutG Gullti~tlotl,lots
tllldGl thG salllG 0\'\'llGlSh1p, a11y 11ld1\'ldtlallot doGs llot 111GGt thG IGCftl1lGlllGl1ts of 1tG111S }).
tv L auJ ~uLpal b 2a CLUJ 2L, tllv lvt Ulu~t uvt Lv vVU~~JVlvJ a~ a ~vpalatv palvvl v[ lCLuJ
Eol thG ptllposGs of salG 01 dG\'GloplllGll1. ThG lot llltl.5t bG Golub1llGd \'\'lth thG ollG 0111101G
6120.3300
39
DNR DRAFT
07/06/10
CKM/JK
REVISOR
RD3879
40.1 GOlltl~tlotlslots so t11Gy Gqt1alollG ollllolG palcGls ofla1ld, GaGh 11lGGtlll~ thG 1 Gqt111Gll1G11t.'5 of
40.2 ~h,.Il11~ A tv [. a11J ~uLpal b 2a a11J 2L a~ 11lU\.Jl a~ pv~~~Ll\.l. LV\.Ial ~llvl\.lla11J \.Iv11tlvl~ ll1a) ~\.It
40.3 a Illlllll1ltlll1 SlLG fOillOllGollfoll11111~ lots OlllllpOSG t11GIIIGstllGtlollS 011 thGll dGvGloplllGllt.
40.4 E:- If allovvcd by 10Gal ~OvGIll111Gllts, 10tSl11tGlldGd as G011hollGd aGGGssGs to
40.5 puLl~\.I vvat\.ll~ VI l\.l\.ll\.ldt~V11 al\.la~ fVl U~\.I L) VVV11\.ll~ vf 11v11l~pal~a11lvb vv~tll~l1 ~uLJ~V~~~V11~
40.6 mtlst mGGt 01 Gxcc",d th", follo"il1~ standald,.
40.7 BT ThG} mtlst mGGt tl1G "idth and siEG fOj jGsidwtiallots, and bG stlitabk
40.8 fVl tll\.l ~l1t\.ll1J\.IJ U~\.I~ vf \.Iv11tlvll\.lJ a\.l\.l\.l~~ lvb. If JV\.Ik~l1O' IH~hl~l1o' VI VV\.Il-vvdt\.ll ~tvlao\.l
40.9
40.10
40.11
40.12
40.13
40.14
40.15
40.16
40.17
40.18
40.19
40.20
40.21
40.22
40.23
40.24
40.25
40.26
40.27
of "atGjGjaft is to bG allo"Gd at a wnttolkd aGGGSS lot,tn01~tllG "idtl1 oftl1G lut IlltlSt bG
IllGIGasGd by thG pGIGGllt oft11G IGqt111G111Gllts fOlllPiltirt1lGsldGli't1gl10ts fOl GaGh vv<<tGIGlaft
plVV~J\.IJ fVl L) \.IV V \.I11a11t L\.I)V11J ~~^, \.IV11~~~t\.llJ.:t::\'r~tllJl-l~'>Jvllvvv~l1o tceLl\.l.
Coll hollcd 1 \.GGGSs"lt,9t F loll ta~~,>RGqt111 G111G11t.'5
Rat~v vf lak\.l ~1L..\.I tv ~llvl\.l
l\.ll1otll (a\.ll\.l~/l1l~l\.l)
R\.IYU~l\.lJ 111\.ll\.la~\.I 111 LV11tao\.l
(p\.ll\.l\.ll1t)
L",ss than 100
100 200
Z:S-
2ft
+5-
tft
-5-
~ ThG} nltlstbGjuintl} o"IlGd b} all ptllGhasGjs oflots ill thG stlbdi,ision
01 by all ptllGhasGlS of 110111 Ipal la1l lots III thG stlbdl v lSlo11 vvho alG pio v Idcd Ilpalla1l aGGGss
l~ollb V11 tll\.l a\.l\.l\.l~~ lvt.
t3T CVV\.I11a11b VI vtll\.ll \.Iyuall) \.Irr\.l\.lt~ V \.I l\.loal ~l1~tlU11l\.ll1b 11lU~t L\.I
dGvGlopGd th<<t speGlfy vvhlGh lot OvvllGls havG mtthollty to tlsG thG accGsslot a1ld vvh<<t
a\.lt~ v ~t~\.I~ al\.l allvvv\.lJ. Tll\.l a\.lt~ v ~t~\.I~ ll1a) ~l1\.lluJ\.I vvat\.ll\.llaft lau11\.lll~l1o' lvaJ~l1o' ~tvlao\.l,
bGaGhin~, mOVlill~, VI dOGkill~. TI1G} IlltlSt also illdtldG otl1Gj utltduOl jGGjGational
aGtl v ItlGS th<<t do 110t Sl~llifiGa1ltly collfllGt vvlth ~GllGlal ptlbllG tlsG of thG ptlbllG vv<<tGl
6120.3300
40
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
41.1 01 th" "lljoyll1"llt of 1l01l11al p10p"1ty 11~hts by adja""llt p10p"1ty Ovv11"1s. Lxall1pl"s of
41.2 tIn", llVll~~oll~h\.laHt \.Ivllfl~\.It a\.lt~v~t~\.I~ ~ll\.lluJ\.I ~VV~llllll~llO' ~ullLatll~llo' VI p~\.Ill~\.Ik~llO. Tll\.l
41.3 "0 v "llallts llltlst l11111t th" total lltl111b"1 of v"hl"l"s allovv"d to b" pa1k"d alld th" total
41.4 llUlllL\.I1 v[ vvat\.ll\.lldft allvvv\.IJ tv L\.I \.Ivllt~lluvu~l) llIVVI\.lJ, JV\.Ik\.lJ, VI ~tVI\.lJ VV\.II vvat\.ll,
41.5 and Illtl,t IGqtlilG GGlltlalizatioll of all wmmoll faGilitiGs and aGti, itiGS ill th.c most Stlitabk
41.6 lV\.Idt~vll~ Vll tll\.l lvt tv 1l1~1l~1l1~L..\.I tvpvolapll~\.I allJ v\.Io\.ltat~vll alt\.llat~vll~. Tll\.l) lllU~t
41.7 also IGqtlilG all palkill~ alGaS, stOla~G btlildill~s, and othGI faGilitiGs to bG SGIGGllcd b}
41.8 v"~"tJtlo11 01 topo~1aphy aSllltl"h as p1a"tl"al [10111 vl"vv f101~1 th" ptlbll" vvJt"1, as.5tl111111~
41.9 ~Ullllll\.ll, l\.laf-vll \.IVllJ~t~Vll~.
41.10 D. Lots must not be created for the intention of obtaining access to public
41.11 waters where multiple owners or an association, whose members are entitled by virtue
41.12 of the member's ownership interest in the association to a proprietary lease, own the
41.13 lot, except for controlled access lots consistent with part 6120.4100 and planned unit
41.14 developments consistent with part 6120.3500.
41.15 ~ Lot sizes may be smaller or densities may be greater than those specified in
41.16 subparts 2c and 2d under any of the following circumstances:
41.17 ill for planned unit developments meeting the requirements in part
41.18 6120.3500, subpart 6;
41.19 ID for cities, density for subdivisions and lot sizes may be the same as for
41.20 the underlying zoning district, if the following criteria are met or exceeded:
41.21
41.22
D!l the area is not within designated wild, scenic, or recreational river
shorelands;
41.23 \.QL the area is served by publicly owned sewer;
41.24 G8.. the storm water facilities within the area have adequate maintenance
41.25 standards and the city has identified the responsible parties for such maintenance; and
6120.3300
41
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
42.1 l:.4.L the area is within an existing residential area having at least three
42.2 dwelling units per acre, a downtown area, a brownfield area, or a previous industrial
42.3 area. Elsewhere the following is required:
42.4 i.... the comprehensive land use plan has identified the area for
42.5 higher density development than provided by subpart 2c, item A:
42.6 ii.... a Minnesota-licensed professional engineer, with expertise in
42.7 storm water management and appropriate training, and certified personnel in design of
42.8 storm water pollution prevention plans are on staff or contrapt and review development
42.9 plans and implementation of storm water managementp@istmanagement practices to meet
42.10 or exceed performance standards;
42.11 iii. a comprehensive staiflin w~ter management plan and a storm
42.12 water ordinance have been adopted and@l;l'@ctively implemented; and
42.13
42.14
IV. a natural resource priority map is available for the jurisdiction;
or
42.15 Ql where landd@idiCation afar a conservation easement over the riparian
42.16 area is elected or r@gpired, depsityatid minimum lot width and lot size may be the same
42.17 as for the underlyirigIzoning disthct. A I 50-foot riparian dedication or conservation
42.18 easement is required ford@iyClapments under this subitem. The riparian area is the land
42.19 located between the ordinary high water level of a public water and a line parallel to it
42.20 at the distance of 150 feet measured horizontally. The local government must consider
42.21 accepting any dedication and the form of any conservation easement. The protection and
42.22 administration of this area must be consistent with part 6120.4000, subpart 4, items D to G.
42.23 Subp. 2a. [See repealer.l
42.24 Subp. 2b. [See repealer.l
6120.3300
42
DNR DRAFT
07/06/10
CKM/JK
REVISOR
RD3879
43.1 Subp. 2c. Lot area and width standards for conventional subdivisions and
43.2 commercial lots.
43.3 A. The minimum lot width and lot size for new single-family residential lots in
43.4 a conventional subdivision, which allow one dwelling unit per lot, are:
43.5
43.6
43.7
43.8
43.9
43.10
43.11
43.12
43.13
43.14
Class
Lot width (feet) - Lot size (square feet)
300 261,360
250 174,240
200 87,120
90,000
80,000
Wild river
Scenic river
Recreational river
Cold water river
Natural environment lake and
river
Recreational development lake
General development lake and
river
100 30,000
43.15 The minimum lot size for conventional subdivisions for natural environment - special
43.16 shallow lake shorelands shall exceed the natural environment standards.
43.17 .!.L. The minimum lot width and lot size for new duplex residential lots, which
43.18 allow two dwelling units per lot, or commercial lots are:
43.19
43.20
43.21
43.22
43.23
43.24
43.25
Class
Cold water river
Natural environment lake and
river
Lot width (feet) - Lot size (square feet)
450 135,000
400 120,000
225 60,000
200 40,000
Recreational development lake
General development lake and
river
43.26 Duplex, multifamily dwelling, and commercial lots are not allowed within natural
43.27 environment - special shallow lake shorelands or designated wild, scenic, and recreational
43.28 river shorelands.
6120.3300
43
DNR DRAFT
07/06/10
44.1 Subp. 2d. Density.
44.2 A. The local government shall regulate residential dwelling unit densities for
44.3 subdivisions. The density must be the lesser of:
REVISOR
CKM/JK
RD3879
44.4 ill the local government's underlying zoning district density; or
44.5 ID the project area divided by the single-family residential lot size for the
44.6 shoreland class in subpart 2c. For calculations that result in fractional units, the fractional
44.7 number must be rounded down to the nearest whole number.
44.8 B. The local government must have shoreland controls for resorts that are
44.9 consistent with the density standards in part 6120.4300, subpart 10.
44.10 Subp. 2e. Open space requirements.
44.11 A. Open space must be integrated into residential and commercial developments
44.12 as required in part 6120.4000.
44.13 .!.L. Local governments may identifY locations within their jurisdiction where
44.14 riparian dedication or conservation easements are allowed or required for development
44.15 and redevelopment for the purpose of allowing density at the underlying zoning district
44.16 consistent with subpart 2, item E, subitem (3), and for providing open spaces such as
44.17 parks, trails, and recreational and natural areas in shorelands.
44.18 Subp. 3. Placement and height of structures and facilities on lots. When more
44.19 than one setback requirement applies to a site, structures and facilities must be located
44.20 to meet all setbacks. The placement of structures and other facilities on all lots must be
44.21 managed by shoreland controls as follows:
44.22 A. StluvtUH-' ~,-,tLCl\.J\,-~. The fulluvv~llo minimum structure setbacks pl'-'~'-'llh.-,J
44.23 in tl1G follo"ill~ tab\,:; fot GaGI1 das, of ptlbliG "atGIS appl} to all StItlGtuIGS, except
44.24 water-oriented accessory structures ,11Id f1t.:oilitiGS that are managed according to item
44.25 H F, are:
6120.3300
44
DNR DRAFT
45.1
45.2
45.3
45.4
45.5
45.6
45.7
45.8
45.9
45.10
07/06/10
CKM/JK
REVISOR
RD3879
(l) Structure setback standards
Class
Ordinary high water
level setback (feet)
SGtb"Gk flOlll top
ofbluff (fcGt)
UllS(,vvGlGd Sc-vvGIGd
Wild river
200
150
100
100
Scenic river
Recreational river
Tributaries identified in the management
plans of designated wild, scenic, and
recreational rivers
45.12
45.11 Cold water river
150
45.13
45.14
45.15
45.16
45.17
45.18
Natural environment
3ft
3ft
3ft
3ft
3ft
Recreational development
General development
-5B
200
t-5B
RGlllotG I1l'('1 .5('~lll(,nt.5
r ul\.l~h,'/J ClUj tlaH~~t~ull l~ V \./1 ~\.IOlll\.'/llb
t-5B
A~li(;tlltlllal, llIban, and ttibuta1} IhCI
sG~mGllts
-tOO
-5B
3ft
45.19 The structure setback for natural environment - special shallow lakes shall exceed
45.20 the natural environment standard.
45.21
45.22 StltlGtnlGS Gxist 011 thG adjoli1ill~ lots 011 botl1 sidGS of a plOpoSGd buildill~ sitG, StltlGtnlG
(2) L^~a~t),Ulliril:6 ~tlu,,-,tUl\-' ~,-,tLCl\..,h,- ~tallJcuJ~ ~ll ~uL~t'-'lll (1). -':vVll\..'1'-'
45.23 ~\.ItLm,J\,-~ lllay Lv alh..Il\.lJ vv~tlluut a Val~aH\.I\.I tv \.Iullfvllll tv tIn", aJju~ll~llo ~\.ItLm.J\,-~ plUV~J\.IJ
45.24 thG pIVpOSGd buildill~ sitG is 1I0t 10Gated ill a sholG impaGt EOIIG 01 ill a bluff impaGt LOIIG.
45.25 50 feet from the riparian dedication or conservation easement area, where a I 50-foot or
45.26 greater riparian area fee-simple title dedication or conservation easement is elected or
45.27 required consistent with subpart 2;
6120.3300
45
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
46.1 Ql 75 feet from public waters wetlands having surface water connections
46.2 to public waters regulated under shoreland controls and located within a shoreland overlay
46.3 district; and
46.4 J:.:!:L 30 feet from the top of bluff.
46.5 B. lli~11 ",'I:1:GI Gk,.'I:tioIlS. In addition to the setback requirements of item A,
46.6 local shoreland controls must regulate placement of structures in relation to high water
46.7 elevation. Where state-approved, local floodplain management controls exist consistent
46.8 with parts 6120.5000 to 6120.6200, structures must be placed at an elevation consistent
46.9 with the flood protection elevation specified in those controls. Where these the controls do
46.10 not exist, the elevation to which the lowest floor, . basement and crawl spaces, is
46.11 placed or flood-proofed must be determined
46.12 (I) For lakes, by placing the lowest at a level at least three feet
46.13 above the highest known water level, or three feet above the ordinary high water level,
46.14 whichever is higher. As an alternative, the lowest floor may be placed at an elevation equal
46.15 to or above the flood protection elevation determined consistent with parts 6120.5000 to
46.16 6120.6200. In . lakes have a history of extreme water level fluctuations or
46.17 have no outlet of the lake level at or below a level three feet above the
46.18
ordinary high water
may require structures to be placed higher.
46.19 (2) For rivers and streams, by placing the lowest floor at least three feet
46.20 above the fluuJ u[ 1 '-'vUlJ, ~[Jdta ell""' ava~lceLl,-,. If Jata ell""' Hut ava~lceLl,-" Ly pla'-'~llo tIn-,
46.21 lo"G,t flool .'I:t kast highest known water level or three feet above the ordinary high
46.22 water level, VI Ly \.IUllJU\.lt~llo a h,'/\..Jlll~\.Ial \.Ivaluat~ull tv J\.Ih,.Illll~ll\.l \.ILK_vb u[ plUpU~\.IJ
46.23 wnstltlGtioll upon flood sta~Gs and flood flo"s and to Gstabli,l1 whichever is higher. As
46.24 an alternative, the lowest floor may be placed at an elevation equal to or above the flood
46.25 protection elevation. UuJ\.1l all tlu\.l\.l applua\..Jl\.'/~, h,'/\..Jlll~\.Ial \.Ivaluat~ull~ lllu~t Lv JUll\.l
46.26 determined consistent with parts 6120.5000 to 6120.6200 go,Glllill~ thG lII"l!Ia~GIlIGllt of
6120.3300
46
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
47.1 flood plal11 alGas. If 11101G thall ollG apploaGh Is tlsGd, thG hl~hGst flood plotGGtlo11 GIG v <<tl01l
47.2 J\.Ih,.IlllI~ll\.lJ lllU~t L\.I U~\.IJ [VI pla\.l~llo ~tIU\.ItUI\.l~ allJ vtll\.ll [a\.l~I~t~\.I~.
47.3 (3) Water-oriented accessory structures may have the lowest floor placed
47.4 lower than the elevation determined in this subpart if the structure is constructed of
47.5 flood-resistant materials to the elevation, electrical and mechanical equipment is placed
47.6 above the elevation and, iflong duration flooding is anticipated, the structure is built to
47.7 withstand ice action and wind-driven waves and debris.
47.8 C. Dlu[[ ~lllpa\.lt L,Vll\.l~. Structures allJ a\.l\.l\.l~~vIy,~a:E~I~t~\.I~, except stairways.z.
47.9 lifts, and landings, must not be placed within bluff impact zones and, within designated
47.10 wild, scenic, and recreational river shorelands, must not be placed on slopes greater than
47.11 18 percent.
47.12 D. St\.l\.lp ~lvp\.l~. LV\.lal oVV\.lld:~~+XHJ v[h\.l~ii~:~,}llU~t \.Ivaluat\.l pv~~~LI\.l ~v~l
47.13 GIOSI011 11llpaGts alld dGvGlop1llGllt vlslblll~;:flc>,Ul']~/tl111iG . vv<<tGl 5 bGfOlG ISStll11~ a pGlllllt
47.14 fVI \.IVll~tIU\.lt~Vll v[ ~\.Ivvao\.l tl\.l9'~~~1C~11:';'y~t\.lI~~:';:, IvaJ~, JI~V\.lVvay~, ~tIU\.ltUI\.l~, VI vtll\.ll
47.15 illlPIO'GlllwtS on stGGp slope,. "Vl1en aet'::;lIninGd nGGG,Sal}, COllditiollSllltlSt bG attadwd
47.16 tv ~~~U\.IJ p\.lllll~b tv PM9~eri~:xlu;1~hallJ tv pl\.l~\.II V \.I \.I^~~t~llo v\.Io\.ltat~vll ~\.II\.l\.lll~110 v[
47.17 ~tIU\.ItUI\.l~, v\.lII~\.Ilc$~:~lld othGlli\~lllti(,~ a~ V~\.IVV\.lJ LVllI tll\.l ~uI[a\.l\.l v[ puLI~\.I VVdt\.lI~,
47.18 as,tllllill~ StlIllIllGI, leaf 011 ,GeGtatioll. Impervious surfaces are not allowed within
47.19 the shore impact zone, except where allowed by permit for private boat launches,
47.20 water-oriented accessory structures, stairways, or lifts and their associated landings. Bluff
47.21 and shoreline buffers must be consistent with part 6120.3310.
47.22 t:- rIV^~lll~ty tv ullplatt\.lJ \.I\.IllI\.lt\.lI~\.I~ allJ ~~oll~h\.lallt 11~~tvI~\.I ~~t\.l~. l~v ~tIU\.ItUI\.l
47.23 lIIay bG plaGGd IIGalGI tl1a11 50 feGt flOllI thG botlndal} of all tlnplatted GGIIIGtGI} pwtGGted
47.24 tllldGl PvIlllllGSota St<<mtGS, SGGtlo11 J0'7.08, tllllGss llCCGssaly applovalls obtal11Gd flOll1 thG
47.25 :PYLllll\.l~vta Stdt\.l AI\.llla\.lvlvo~~t'~ Offi\.l\.l. l~v ~tIU\.ItUI\.l Illay L\.I pla\.l\.lJ Vll a ~~oll~h\.lallt
6120.3300
47
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
48.1 h15t611G 51tG III a 111a1111G1 th<<t affCGt5 thG valtlG5 6fthG 51tG tllllG55 adGqtl<<tG 111f61111<<t1611
48.2 ceLvut tIn", ~~h,,,, lla~ L\.I\.Ill l\.lllIVV\.IJ allJ JV\.IUllI\.lllt\.lJ ~ll a puLl~\.I l\.lpV~~tVIY.
48.3 f:- rIV^~lll~ty tv IvaJ~ allJ 11~ollvvay~. l~v ~tIu\.ItuI\.llllay L\.I pla\.l\.lJ ll\.lal\.ll tllall 50
48.4 &Gt [16111 thG 11~ht 6f vvay ll11G 6f a11y &dG1al, 5t<<tG, 61 G6tlllty hl~hvvay, 61 20 fGGt f16111
48.5 tll\.ll~ollt-vf-vvay l~ll\.l v[ allY tVVVll IvaJ, puLl~\.I ~tl\.l\.lt, VI vtll\.ll~ llVt \.Ila~~~h\.lJ.
48.6 6-:- ~ II\.I~ollt. All ~tIU\.ltUI\.l~ ~ll 1\.l~~J\.Illt~al J~~tl~\.Ib ~ll \.I~t~\.I~, Height is restricted
48.7 as follows:
48.8 ill for areas outside of a city, the maximum height of structures, except
48.9 churches, telecommunication towers and antenna, wind or solar power generation towers,
48.10 public buildings, and nonresidential agricultural structures, must not GXGGGd 25 be less
48.11 than 35 feet in I1Gi~ht.~
48.12 ID for areas within a city, the maximum height of structures must follow
48.13 the requirements of the underlying zoning district; and
48.14 ill for areas within designated wild, scenic, or recreational river shorelands,
48.15 the maximum height of structures must be less than 35 feet.
48.16 It L ,A'M~e'~561y 5tltt~'tt11i~';dlld faGllltlG5. All accessory structures a11d faGllltlG5,
48.17 except those that are~$ter-orixliited, must meet or exceed structure setback standards. If
48.18 allowed by local governn1~liifcontrols, each residential lot and commercial property may
48.19 have one water-oriented accessory structure v, ["",;I;ty located closer to public waters than
48.20 the structure setback if all of the following standards are met:
48.21 (I) the structure 01 faGility must not exceed ten- 12 feet in height, exclusive
48.22 of safety rails, and cannot occupy an area greater than 2-:5B 120 square feet. Detached
48.23 decks must not exceed eight feet above grade at any point7~
48.24 (2) the setback of the structure v. ["",;I;ty from the ordinary high water
48.25 level must be at least ten feet7~
6120.3300
48
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
49.1 (3) the structure 01 f1tGility must be treated to reduce visibility as viewed
49.2 from public waters and adjacent shorelands by vegetation, topography, increased setbacks,
49.3 color, or other means acceptable to the local unit of government, assuming summer,
49.4 leaf-on conditions7~
49.5 ttr TIl\.,/ lUU[ lllay Lv U~\.IJ a~ a J\.I\..,h. vv~tll ~a[\.Ity la~l~, Lut lllu~t Hut Lv
49.6 GndosGd 01 tlSGd as a stota~G alGa.
49.7 f5T ThG StltlGtulG Ot faGility IlltlSt not bG dGsi~ned Ot tlsGd fot htlman
49.8 ll(:cL~tdt~Ull ClUj lllu~t Hut \.IUllta~ll "vah.1! ~Ul-'ply VI ~\.Ivvao\.l tH..l9ftftih.lut [m,'/~l~t~\.I~.
49.9 t6T A~ all alh..Illlat~ V \.I [VI o"-'ll\.llal J\.IV\..JU:H~~~~l~f:~+~ l\.l\..Il\.ldt~ullal J\.IV\.",lUPUl\.lUt
49.10 "atGlbodiGS, "atGI-otiGntGd aGGG,sot} StltlGtulGS tlsed sold} EoI "atcIGlaft stota~G, and
49.11 11l(Jt1dlll~ st61a~(, of 1 Glatcd b6~tln~ alld vVJt('16r~~!l~M6:'~p61tlll~ (,CftllP1l1GUt, lllay aCe-tlp)
49.12 all CllvCl up tv ..tOO ~'-1UCU'-' f,-,,-,t plUV~J,-,J tlt~::':M9:~~lllUlir:~tJtll u[ tIn_ ~tlu,,-,tUl\.-' ~~ 20 f,-,,-,t a~
49.13 lllGaSt11Gd p~JalkJ t6 the, C611ftgtllJt161l 6ft~~~ sb9r{;llAl~,.
49.14 fIT ./\.11) a(,(,(,s~~l' stlttitul(,s'~~fa(,1l1tl(,;5116t nl(,(,tlll~ the, above, ('lltGlla,
49.15 VI allY aJJ~t~ullal m,'/\.I\.I~~UIY ~Uh\.ltuie:g:6T:Fliiil~t~\.I~ lllu~t lll\.l\.lt VI \.U,"-\.I\.I\.IJ ~tlU\.ltUl\.l ~\.ItLa\.lk
49.16 standalds.
49.17 J:.:!l any accessorY structures not meeting the criteria in subitems (l) to (3),
49.18 or any additional accessorY. structures, must meet or exceed structure setback standards;
49.19 ill no water-oriented accessory structures are allowed within wild, scenic,
49.20 and recreational river shorelands; and
49.21 J:.2L new boathouses and boat storage structures are prohibited. Existing
49.22 boathouses and boat storage structures may be repaired or replaced provided the
49.23 provisions in part 61I5.021I and Minnesota Statutes, chapter 103G, are met or exceeded
49.24 and approved by the local government.
6120.3300
49
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
50.1 t: G. Stail "11:} s, lifts, ,11ld 11I1ldill~5. Stairways and lifts are the preferred
50.2 alternative to major topographic alterations for achieving access up and down bluffs
50.3 and steep slopes to shore areas. Stairways and lifts must meet the following design
50.4 requirements:
50.5 (I) stairways and lifts must not exceed four feet in width on residential lots.
50.6 Wider stairways may be used for commercial properties, public open-space recreational
50.7 properties, and planned unit developmentsc if approved by the local government;
50.8
(2) landings for stairways and lifts on
square feet in area. Landings larger than 32 square
properties, public open-space recreational propertj!:ii~;and
lots must not exceed 32
50.9
used for commercial
50.10
developmentscjf
50.11 approved by the local government;
50.12 (3) canopies or roofs are not allowed on stairways, lifts, or landingsc~
50.13
ttr Sta~l vvay~, l~fb',9:~lJ lcu~'~+~~5;"~11dy"e,-, ,-,~tll\.'1 '-'Ull~tlu,-,h.-,J ceLuvv tIn-,
50.14 ~16t111d on posts 61 plllll~S, 61..llaccdi~H6 thd:~16t111d, pic v idGd tll(,) ~J(' d(,;51~1l(,d alld btlllt
50.15 ~ll a lllQHll\.ll tlwt \.Ill~Ul\.l~ \.IuutI81 uE:~:611::cr8~ILll.
50.17
. .
mconsplcuoUS
lift~#and landings must be located in the most visually
viewed from the surface of the public water assuming
50.16
t57
50.18
summer, leaf-on
practi calc; an d
50.19 t67 ill facilities such as ramps, lifts, or mobility paths for persons with
50.20 physical disabilities are also allowed for achieving access to shore areas, provided that the
50.21 dimensional and performance standards of subitems (I) to t57i:!2 are complied with in
50.22 addition to the requirements of chapter 1341.
50.23 t: H. D""k,. Except as provided in item HE, decks must meet the structure
50.24 setback standards. DCGks tll<<t do Hot 111(,(,t s(,tbaGk lC,qt111GlllGuts [16111 ptlbllG \'\'<<t('1.5 lllay
50.25 L\.I alluvV\.,/J vv~tlluut a Val~aH\.I\.I tv L\.I aJJ\.IJ tv ~tlU\.ltUl\.'/~ \.U,,-~~t~llo Ull tIn", Jah,'/ tIn", ~llul\..JallJ
6120.3300
50
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
51.1 .stlt1GmlG .sGtbaGk.s vvGIG G.stabl1.shGd by 61dllla11GG, If all 6fthG f6116vvlll~ GlltGlla a11d
51.2 ~tauJaIJ~ al\.l UI\.lt.
51.3 ttT a tllUIUUcJI \.Ivaluat~uu u[tll\.l plUp\.llty auJ ~tIU\.ltuI\.lI\.lV\.lal~ uu
51.4 IGa.s611ablG 16G<<t1611 Eol a dCGk 111GGtlll~ 61 GXGGGdlll~ thG GXl.stlll~ 61dl11aly hl~h vv<<tGIIGvGI
51.5 ~\.ItLa\.lk u[ tll\.l ~tIU\.ItUI\.l,
51.6 tzT tll\.l J\.I\.Ik \.Iu\.IIua\.lluu\.Iut tuvvalJ tll\.l uIJ~uaIY II~cJI vvdt\.ll 1\.1 v \.11 JU\.I~ uut
51.7 Gxeeed 15 pGIGwt oftl1G Gxistill~ ShOldillG sGtbaGk ofth.c StttlGtUlG flOllI thG OIdillal} l1i~h
51.8 vvat\.ll 1\.1 v \.11 UI JU\.I~ uut \.Iu\.IIua\.lII \.Ilu~\.I1 tllau JO [\.I\.It, vvll~\.Ill~<yi:1 ~~ UIUI\.l 1\.l~tl~\.It~ V \.I, auJ
51.9 t3T tll\.l J\.I\.Ik ~~ \.IUU~tIU\.It\.lJ pl~uIal~ly u[~v3'uJ~:eHJ ~~ uut Iuuf\.lJ UI ~\.II\.l\.lU\.IJ.
5110 l. Water supply and sewage treatment must llI<;)et or exceed the standards
5111 in part 6120.3400.
51.12 Subp. 4. [See repealer.l
51.13 Subp. 4a. Shoreline facili.ti~sW
51.14 A. Shoreline faciliti<;)s, illcll.tdill1ghl.tf not limited to docks, mooring facilities,
51.15 watercraft lifts, and stmctut!?s ext@nding over or under, anchored to, or attached to the bed
51.16 or bank of publicw~ter, must qQllIply with chapter 6115.
51.17 .!.L. For planriedl1llitdevelopments options in part 6120.3500, subpart 6, item
51.18 B, the number of spaces prQvided for continuous mooring or docking of watercraft must
51.19 comply with chapter 61I5 and compliance is a condition for development. Shoreline
5120 facilities must be clustered or grouped in the most suitable areas. Evaluation of suitability
5121 must include consideration ofland slope, water depth, aquatic and shoreland vegetation,
51.22 soils, depth to groundwater and bedrock, or other relevant factors to maintain functions
51.23 and values of existing natural features.
51.24 C. Access lots, consistent with part 6120.4100, must be used where direct
51.25 riparian access is not appropriate for one or more lots in a new subdivision due to the
6120.3300
51
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
52.1 presence of protected vegetation, extensive shallow water, wetlands, or other critical fish
52.2 or wildlife habitat.
52.3 D. Resorts must meet the standards in part 6120.4300, subpart 9.
52.4 ~ Walkways landward of the ordinary high water level must be used in place of
52.5 fill to bridge wetland areas to reach the shore. The walkways must be elevated at least 16
52.6 inches above the surface of the wetland and limited to a width of eight feet.
52.7 Subp. 5. [See repealer.l
52.8 Subp. 5a. Placement and design of private roads, driveways, and parking areas.
52.9 A. Private roads, driveways, and parking areas must be designed to take
52.10 advantage of natural vegetation and topography to achieve maximum screening from view
52.11 from public waters. They must be designed and constructed to minimize and control
52.12 runoff and erosion to public waters consistent with The Minnesota Stormwater Manual and
52.13 Protecting Water Quality in Urban Areas, incorporated by reference under part 6120.2860.
52.14 .!.L Roads, driveways, and parking areas must meet structure setbacks and must
52.15 not be placed within bluff and shore impact zones.
52.16 ~ Low-volume private roads or privately maintained roads shall have pavement
52.17 widths of 22 feet or less.
52.18 D. Parking areas with ten or more spaces or in excess of3,000 square feet
52.19 must be designed to permanently treat one inch of runoff from the impervious surfaces
52.20 created. Preference must be given to volume reduction techniques. Runoff reduction may
52.21 be accomplished through use of soil amendments, infiltration, bioretention, permeable
52.22 pavement, rain gardens, enhanced swales, disconnected impervious surfaces, or other
52.23 locally approved volume reduction techniques. If the runoff reduction standard is not
52.24 physically possible to meet due to the size of the site or high impervious surface coverage,
52.25 mitigation is required consistent with part 6120.2950, subpart 6.
6120.3300
52
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
53.1 E. A private watercraft access ramp and associated access path may be allowed
53.2 within the shore impact zone, except in designated wild, scenic, and recreational river
53.3 shorelands, provided the requirements of part 61I5 .0210, the buffer standards in part
53.4 6120.3310, and erosion and storm water control conditions in part 6120.3320 are met. The
53.5 access path must not be placed within a bluff impact zone.
53.6 Subp. 6. [Repealed, 13 SR 3029]
53.7 Subp. 6a. Public roads, rail lines, trails, water access, and other public facilities.
53.8 A. Design for public roads, rail lines, trails, and facilities must preserve and
53.9 enhance vegetation and topography when reasonable and prudent to aid in screening of
53.10 these areas from view from public waters.
53.11 .!.L. Public roads, rail lines, and non-water-oriented parking areas must meet
53.12 structural setbacks and must not be placed within bluff impact zones when other
53.13 reasonable and prudent placement alternatives exist.
53.14 ~ Water-oriented parking areas and approach roads must not be placed within
53.15 bluff and shore impact zones when other reasonable and prudent placement alternatives
53.16 exist. Water-oriented facilities, ramp approach roads, and access paths may be placed
53.17 within bluff and shore impact zones if construction methods are consistent with the most
53.18 applicable best management practice standards or guidelines.
53.19 D. Trails providing access to or vistas of the water may be placed within
53.20 the bluff and shore impact zone if design, construction, and maintenance methods are
53.21 consistent with the most applicable best management practice standards or guidelines.
53.22 ~ Facility design and construction methods must control erosion and runoff to
53.23 public waters. Best management practices must be used in the design, installation, and
53.24 maintenance to reduce runoff and must be consistent with the latest and most applicable
53.25 guideline, as determined by the managing agency. Best management practices may
6120.3300
53
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
54.1 include permeable pavement, grass parking overflow areas, filter strips, shoreline buffers,
54.2 swales, infiltration and bioretention basins, disconnected impervious areas, rain gardens,
54.3 and other conservation designs. Guidelines include the latest Minnesota Pollution Control
54.4 Agency general storm water permit for construction activity requirements, Minnesota
54.5 Department of Transportation standard specifications for construction, the Minnesota
54.6 Stormwater Manual, Protecting Water Quality in Urban Areas, Design Handbook For
54.7 Recreational Boating and Fishing Facilities, or local government standards.
54.8 .E... Design and construction of roads within designated wild, scenic, and
54.9 recreational river shorelands must also meet the standard~!n. part 6120.3800.
54.10 Subp. 7. [See repealer.l
54.11 Subp. 7a. AgricuItural use standards.
54.12 A. The shore impact zone fotpav@"ds in agij@\Iltural use is equal to a line
54.13 parallel to and 50 feet landward from the ofdilllll.1'yhigh water level.
54.14 .!.L. General cultivation fanning, manllged grazing, nurseries, horticulture, truck
54.15 farming, sod farming, biomass;shoft rotation woody crops, and harvesting of hay and
54.16 wild crops are permilited agdQulturalpractices in shorelands if steep slopes and shore and
54.17 bluff impact zones afemaintained in perennial vegetation or the land is operated under
54.18 a shoreland conservationplaii>fhat provides for adequate buffers and is approved by the
54.19 local government.
54.20 C. Animal feedlots and manure storage areas are defined under and must
54.21 conform to the standards in chapter 7020.
54.22 D. Use of fertilizer, pesticides, or animal wastes within shorelands must
54.23 conform to Minnesota Statutes, chapters 18B, 18C, 18D, and 103H, and be consistent with
54.24 the latest best management practices developed for such use by the Minnesota Department
54.25 of Agriculture and Pollution Control Agency.
6120.3300
54
DNR DRAFT
07/06/10
CKM/JK
REVISOR
RD3879
55.1 E. Local governments with 30 percent or greater land cover in cultivation must:
55.2 ill identify agricultural areas where shoreline buffers are being maintained
55.3 and where shoreline buffers are deficient;
55.4 J12... provide public information and education on best management
55.5 practices, runoff controls, and vegetative buffers in agricultural shoreland areas;
55.6 Ql establish a monitoring program to ensure progress and compliance; and
55.7 J:.:!l include enforcement 0 tions in their local controls.
55.8 Subp. 8. rSee repealer.l
55.9
55.10
55.11
55.12
55.13
55.14
55.15
55.16
55.17
55.18
55.19
55.20
55.21
55.22
55.23
55.24
Subp. 8a. Forestr use standards. Timber
sociated reforestation
A. timber harvestin
. in forestlands and brush lands
reference under
c.
. es or animal wastes within shorelands must be done
act on the shore im act zone or ublic water and
scemc or recreational river shorelands must
also meet the standards in part 6120.3450, subpart 5.
Subp. 9. rSee repealer.l
Subp. 9a. Extractive use standards.
A. If allowed by local government controls within cold water river and natural
environment shorelands, extractive uses require a conditional use permit. Processing
machinery must be located consistent with setback standards for structures from ordinary
high water levels of public waters and from bluffs, except that the bluff setback does
6120.3300
55
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
56.1 not apply if the processing machinery is located inside an excavated portion of the pit.
56.2 "Processing machinery" includes crushers, hot-mix plants, redi-mix plants, and similar
56.3 machinery, whether mobile or immobile, and does not include earth-moving equipment,
56.4 conveyors, and similar equipment. Extractive activities are prohibited within 50 feet from
56.5 the ordinary high water level of public waters.
56.6 .!.L. A site management plan must be developed by the operator and approved by
56.7 the local government before extractive activities commence. The operator must follow
56.8 the site plan over the course of operation of the site. The plan must describe how the pit
56.9 will be developed over time with an emphasis on minimizing environmental risks to
56.10 public waters and explain where staged reclamation may occur at certain points during
56.11 the life of the pit. The plan must address dust, noise, storm water management, possible
56.12 pollutant discharges, days and hours of operation, duration of operation, any anticipated
56.13 vegetation and topographic alterations outside the pit, and reclamation plans consistent
56.14 with the stated end use for the land. A storm water permit from the Pollution Control
56.15 Agency according to chapter 7090 is required.
56.16 Subp. 10. Standards for commercial, industrial, 1'ubl~" institutional, and
56.17 semipublic uses.,:~'ttlfa(,(, v\'('l:t~~:.611ent(,d ('6111111GIGlal tls(,s alld Illdtlstlial, ptlbllG, 61
56.18 ~\..Illl~puLl~\.I U~\.I~ vv~tli':$1-Ml~lal l~~i'J.~ tv lluv\.I m,'/\.I\.I~~ tv auJ U~\.I u[ puLl~\.I vvah,.Il~ luay Lv
56.19 10GatGd 011 paleds Ot lots ,1,ith flOllta~G 011 ptlbliG "atGIS. USGS "ithotlt "at.cI-OIiwtGd
56.20 ll\.l\.lJ~ lllu~t Lv lU\.Iah,'/J Ull lub VI pal\.l\..l~ vv~tlluut puLl~\.I vvah,.Il~ Luutac,"-" VI, ~[lu\.Iah,'/J
56.21 011 lot, Ot paleds "itl1 ptlbliG "atGIS flollta~G, If allowed by local government controls
56.22 within cold water river and natural environment shorelands, industrial uses require a
56.23 conditional use permit. Planned unit developments must be consistent with the standards
56.24 in part 6120.3500 and resort developments must be consistent with the standards in part
56.25 6120.4300. Commercial, industrial, institutional, or semipublic structures and facilities on
56.26 parcels developed inconsistently with the planned unit development or resort standards in
56.27 this chapter must ei-ther be set back doobk thG lIollllal otdimll} l1i~11 "atGI k,d sGtbaGk 01
6120.3300
56
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
57.1 be, st1bstalltially S(,l(,(,llCd [16111 vIe-v" [16111 the, \'\'<<t('1 by v(,~(,tJt161161 t6p6~laphy, a.5.5t1111111~
57.2 ~Ullllll'-'l, Ivai-vll '-'UllJ~t~Ull~ at least 200 feet from the ordinary high water level. Those
57.3 with water-oriented needs must meet the following standards:
57.4 A. in addition to meeting impervious coverage limits, setbacks, and other
57.5 zoning standards presented elsewhere in 1',,,[,6120.2500 tv 6120.J,)00 this chapter, the
57.6 uses must be designed to incorporate topographic and vegetative screening of parking
57.7 areas and structures7~
57.8 8. uses that require short-term watercraft mooringfbr patrons must centralize
57.9 these the shoreline facilities and de;si€;n thWl to a, oid .9!iiiltill,!f0tions of na, i€;ation and to
57.10 be, the, Illllllllltll11 SlLG ll(,(,(,ssaly to 111(,(,t the, ll(,(,d.SJ1oreline facilities, including docks,
57.11 mooring facilities, watercraft lifts, and structures extending over or under, anchored to,
57.12 or attached to the bed or bank of public water, must comply with chapter 6115 and
57.13 Minnesota Statutes, section 868.115; and
57.14 C. uses that depend on patrons arriving by watercraft may use signs and lighting
57.15 to convey needed information to the public, subject to the following general standards:
57.16 BT No ad , e;ltisin€; siBns 01 suppOItill€; fae;ilitie;s fOI si€;lls may be; pla~~d in
57.17 VI UPUll puLl~\.I vval:~;,?> S~Oll~ \.I\.l~J.V\.lY~llo ~llfullllat~ull VI ~aE,,/ty lll\.l~~ao\.l~ lllay Lv plm,,I\.IJ ~ll
57.18 01 on publie; "ate;ls byalm~!i~1mthOlity 01 un de;l a pwnit issue;d by the; county she;liff.
57.19 ~ ill signs may be placed, "hwne;e;e;s5aly, within the shore impact zone
57.20 if they are designed and sized to be the minimum necessary to convey needed information.
57.21 They The signs must only convey the location and name of the establishment and the
57.22 general types of goods or services available. The signs must not contain other detailed
57.23 information such as product brands and prices, must not be located higher than ten feet
57.24 above the ground, and must not exceed 32 square feet in size. If illuminated by artificial
57.25 lights, the lights must be shielded or directed to prevent illumination out across public
57.26 waters7 and to the sky; and
6120.3300
57
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
58.1 ffl ID other outside lighting may be located within the shore impact zone
58.2 or over public waters if it is used primarily to illuminate potential safety hazards and is
58.3 shielded or otherwise directed to prevent direct illumination out across public waters and
58.4 to the sky. This does not preclude use of navigational lights.
58.5 Subp. 11. [See repealer.l
58.6 Subp. 12. ]\fining of metallic minerals and peat, a~ dd,,,,,d bJ Mi"",,~uta
58.7 Statutes, sectifJllS 93.44 to 93.51. Mining of metallic minerals and peat shall be;jg
58.8 accordance with Minnesota Statutes, sections 93.44 to 93.51, is a permitted use 1'<v,;J"J
58.9 the; plO, isiolls of Minlle;sota Statutes, se;e;ti0ns ,)J.44 to 93.51, ale; satisfi~d. Underground
58.10 mining within designated wild, scenic, and recreational river shorelands requires a
58.11 conditional use permit Peat mining is not allowed in wild, scenic, or recreational river
58.12 shorelands.
58.13 Subp. 13. Development adjacent to or within significant historic sites and
58.14 unplatted cemeteries. Development activities adjacent to or within the boundaries of
58.15 significant historic sites and unplatted cemeteries must comply with the standard practices
58.16 of the Minnesota Historical Society and state archaeologist Any effects to unplatted
58.17 cemeteries must be avoided unless consistent with Minnesota Statutes, section 307.08,
58.18 and procedures of the state archaeologist
58.19 6120.3310 BUFFER AND VEGETATION MANAGEMENT STANDARDS.
58.20 Subpart 1. Purpose. The purpose of buffer standards is to reduce erosion and
58.21 sedimentation to surface waters, filter runoff, protect water quality by controlling nutrient
58.22 movement, protect riparian habitats, protect stream banks, maintain stability of bluffs
58.23 and steep slopes, and provide natural screening of shoreland development to preserve
58.24 economic values of resources.
58.25 Subp. 2. Buffer scope.
6120.3310
58
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
59.1 A. Local governments shall control alterations of natural vegetation and
59.2 topography to prevent erosion into public waters, fix nutrients, infiltrate rainwater runoff,
59.3 preserve shoreland aesthetics and historic values, prevent bank and bluff slumping, limit
59.4 direct and indirect impacts on water quality, and protect fish and wildlife habitat
59.5 !.L. Vegetation removal necessary for the construction of structures and sewage
59.6 treatment systems under valid permits are exempt from this part. However, the grading
59.7 and filling conditions in part 6120.3320 must be met for issuance of permits for structures
59.8 and sewage treatment systems.
59.9 C. Buffer and vegetation management standatds@;pply to residential and
59.10 commercial developments. Public roads and wate[@;ccess facililii@.s, as regulated in part
59.11 6120.3300, subpart 6a, and public gathering orev.!')nt areas within public parks and public
59.12 beaches with swimming areas are exemptJrom this part.
59.13 Subp. 3. Bluff and steep slope buff~..s.
59.14 A A buffer consisliing of ttees, snmbs, and ground cover of plants and
59.15 understory in a natural state is l1!')quiredin bluff impact zones and on areas with slopes
59.16 greater than 25 perc!')nt: Veg€tation clearing and removal of ground cover is not allowed,
59.17 except as follows:
59.18 ill only remdval of vegetation necessary to accommodate the placement
59.19 of a stairway and associated landing, lift, and access path is allowed. Trees, shrubs, and
59.20 a low ground cover consisting of plants and understory must be maintained in a natural
59.21 state within these areas. An access path permitted within this area must not exceed a
59.22 cleared width of eight feet; and
59.23
59.24
ID removal of trees or branches that pose a safety hazard or are diseased is
allowed.
6120.3310
59
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
60.1 B. Open areas or lawns resulting from violations of this subpart must be left
60.2 unmowed, unaltered, or replanted with trees and shrubs along with a natural ground layer
60.3 of understory plants to establish a vegetative buffer. Where trees and shrubs have been
60.4 removed from the buffer, the local government shall require a restoration plan.
60.5 C. Local governments must evaluate possible soil erosion impacts and
60.6 development visibility from public waters before issuing a permit for construction of
60.7 sewage treatment systems, roads, driveways, structures, or other alterations on steep
60.8 slopes. When determined necessary, conditions must be atta.ched to issued permits to
60.9 prevent erosion, preserve vegetation or restore vegetatiQ!1mga natural state, and screen
60.10 structures, vehicles, and other facilities as viewed fm;lm the sulifa.ce of public waters,
60.11 assuming summer, leaf-on vegetation.
60.12 Subp. 4. Shoreline buffer programs. Localggyernments shall implement an
60.13 incentive, marketing, or education program t6~!)qQurage riparian property owners to
60.14 protect or restore natural shorelin~b!lffers.1J]he local government program must include,
60.15 at a minimum:
6120.3310
60
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
61.1 A intensive vegetation clearing within the shore impact zone is not allowed;
61.2 !.L intensive vegetation clearing outside of the shore impact zone is allowed if
61.3 the activity is consistent with the forestry use standards in part 6120.3300, subpart 8a;
61.4 ~ limited clearing of trees and shrubs and cutting, pruning, and trimming of
61.5 trees in shore impact zones is allowed to accommodate the placement of stairways and
61.6 landings, picnic areas, access paths, beach and watercraft access areas, and permitted
61.7 water-oriented accessory structures and to provide a view to the water from the principal
61.8 dwelling site, provided that:
61.9 ill the screening of structures, vehicles, or other facilities as viewed from
61.10 the water, assuming summer, leaf-on conditions, is not substantially reduced; and
61.11 ID existing shading of water surfaces is preserved;
61.12 D. the limitations in item C do not apply to invasive species removal or the
61.13 removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and
61.14 ~ remediation of violations of this subpart requires planting comparable
61.15 species of native vegetation in the same area.
61.16 Subp. 7. Shoreline buffer standards for new developments. Shoreline buffer
61.17 standards for developments on parcels without a structure prior to the effective date of
61.18 this part include the following:
61.19 A. trees, shrubs, and low ground cover consisting of plants and understory must
61.20 be maintained in a natural state within the shoreline buffer;
61.21 !.L a shoreline buffer must be at least 50 feet as measured from and perpendicular
61.22 to the ordinary high water level of a surface water. The shoreline buffer is the 50-foot shore
61.23 impact zone for parcels with agricultural uses as provided in part 6120.3300, subpart 7a;
61.24 ~ cutting, girdling, poisoning, or removing trees, shrubs, and ground cover
61.25 plants within the shoreline buffer is not allowed, except as follows:
6120.3310
61
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
62.1 ill only removal of vegetation necessary to accommodate a permitted
62.2 structure or activity or to provide access to the water is allowed, subject to the following
62.3 additional standards as applicable:
62.4 D!l removal of vegetation for the placement of a stairway or lift and
62.5 associated landings must be consistent with the standards in part 6120.3300, subpart
62.6 3, item G;
62.7 \.Ql an access path within the shoreline buffer must not exceed a
62.8 cleared width of eight feet and must be incorporated as part of any recreation use area; and
62.9 (sl removal of vegetation for a shoreline recreation use area must be
62.10 consistent with the following standards:
62.11 L for residential lots with a lot width less than 300 feet, only one
62.12 shoreline recreation use area is allowed on each lot and the recreation use area must
62.13 not exceed 25 feet in width and 25 feet landward from the ordinary high water level
62.14 in depth; and
62.15 II. for shoreland conservation subdivisions, planned unit
62.16 developments, new resorts, and residential lots with a lot width 300 feet or greater,
62.17 shoreline recreation use areas may be increased by 25 feet in width for each 100 feet in lot
62.18 width in excess of 300 feet, not to exceed 5,000 square feet in total area, with the depth
62.19 of the shoreline recreation use area not exceeding 25 feet landward from the ordinary
62.20 high water level; and
62.21 ID invasive species removal or the removal of trees or branches that pose a
62.22 safety hazard or are diseased is allowed;
62.23 D. vegetation must be maintained to screen structures with trees and shrubs so
62.24 that the structures are at most half visible when viewed perpendicular to the structure from
62.25 the surface of the public waters during summer, leaf-on conditions;
6120.3310
62
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
63.1 E. a notice of restriction must be recorded with the office of the county recorder
63.2 or office of the county registrar of titles for all restrictions that prohibit any shoreline
63.3 vegetation alteration, except those allowed in item C;
63.4 L open areas or lawns within the shore impact zone resulting from violations
63.5 of this subpart must be left unmowed or uncut and planted with trees and shrubs along
63.6 with a natural ground layer of understory plants to reestablish a vegetative buffer. The
63.7 local government must require a restoration plan. At a minimum, the plan must provide
63.8 for the reestablishment of a well-distributed planting of saplings and shrubs spaced so
63.9 that there is at least one sapling and one shrub per 100 square feet of shoreline buffer.
63.10 Planted saplings must be no less than three feet tall for coniferous species and no less than
63.11 six feet tall for deciduous species. The plan must include a mix of native tree species
63.12 found growing in adjacent areas. All aspects of the plan must be maintained and loss of
63.13 plantings must be replaced in kind; and
63.14 G. vegetation alteration within the shoreline buffer with wild, scenic, or
63.15 recreational shorelands must also meet the standards in part 6120.3450, subpart 5.
63.16 Subp. 8. Storm water buffers. Buffers required under chapter 7090 must be
63.17 consistent with the storm water permit requirements of the Pollution Control Agency.
63.18 6120.3320 LAND ALTERATION AND STORM WATER PROVISIONS.
63.19 Subpart 1. Purpose. The purpose of this part is to protect surface waters and
63.20 private property from damage resulting from storm water runoff and erosion, ensure
63.21 the annual storm water runoff rates and volumes from postdevelopment site conditions
63.22 mimic the annual runoff rates and volumes from predevelopment site conditions, ensure
63.23 site development minimizes the generation of storm water and maximizes storm water
63.24 treatment and infiltration, and protect water quality from nutrients, pathogens, toxins,
63.25 debris, and thermal stress.
6120.3320
63
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
64.1 Subp. 2. Land alteration controls. Local governments must control land alteration
64.2 activities within the shoreland. The controls must also be applied to subdivision, variance,
64.3 zoning, or building permits and to conditional use permit reviews. Local shoreland
64.4 controls must meet or exceed the following standards:
64.5 A. erosion and sediment control technologies are required for any land alteration
64.6 activity that disturbs a total land surface area of 3,000 square feet or more. All practices
64.7 deployed must be consistent with Protecting Water Quality in Urban Areas, incorporated
64.8 by reference under part 6120.2860. Development must be planned and conducted in a
64.9 manner that minimizes the extent of disturbed areas, rungf:jDvelocities, erosion potential,
64.10 and reduce and delay runoff volumes;
64.11 !.L all exposed soil areas must be staoilized ..with mulches or similar materials
64.12 as soon as possible to limit soil erosion out in no caseJater than seven days for riparian
64.13 lots or parcels and 14 days elsewhere aft~fth~qoll\$tmdion activity in that portion of
64.14 the site has temporarily or perm.all\qn.tly ceasqd. A permanent vegetation cover must be
64.15 established upon completiOlllof con$~ctiQn;
64.16 ~ the norm.alwqt1;@d pql;jrneter of any temporary or permanent drainage ditch or
64.17 swale that drains w@;ter from an.y. portion of the construction site, or diverts water around
64.18 the site, must be stabili?,@.d within 24 hours unless being used as treatment;
64.19 D. silt fences or other sediment control methods to trap sediments before they
64.20 reach a surface water feature must be used. Temporary soil stockpiles must have a silt
64.21 fence or other effective sediment controls;
64.22 !.h., pipe outlets must be provided with temporary or permanent energy
64.23 dissipation within 24 hours after connection to a surface water;
64.24 L to maintain sheet flow and minimize rills or gullies, there must be no
64.25 unbroken slope length of greater than 75 feet for slopes with a grade of 3: 1 or steeper;
6120.3320
64
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
65.1 G. sediment control practices must be established on all down-gradient
65.2 perimeters before any up-gradient land-disturbing activities begin, and the practices must
65.3 remain in place until stabilization has been established. All deltas and sediment deposited
65.4 in surface waters, drainage ways, catch basins, and other drainage systems must be
65.5 removed within seven days unless precluded by legal, regulatory, or physical access
65.6 restraints. The areas where sediment removal results in exposed soil must be stabilized
65.7 within seven days after completing the removal;
65.8 H. all storm drain inlets must be protected againstS\ldiment intrusion during
65.9 construction until all sources with potential for dischargip.llito the inlet have been
65.10 stabilized;
65.11 1. vehicle tracking of sediment fromlil'ie cons~fuction site must be minimized
65.12 using best management practices that mayinclude s~Qne pads, wash racks, street sweeping,
65.13 and other conservation designed practices)Withitlcities; street sweeping must be used
65.14 ifbest management practices ar\ltlOl<ldequi!\t!Bto prevent sediment from being tracked
65.15 on to streets;
65.16 L constructiotlaqtiyitiesthat result in land disturbance of equal to or greater
65.17 than one acre, incl1'!ding the distllrbatlce ofless than one acre of total land area that is part
65.18 of a larger common platlof d\lyelopment or sale if the larger common plan will ultimately
65.19 disturb equal to or greaterthan one acre, require a storm water permit from the Pollution
65.20 Control Agency under chapter 7090;
65.21 K. construction and land alteration activities must avoid wetlands, unless
65.22 authorized under chapter 8420;
65.23 h grading and filling of more than ten cubic yards of material or an area
65.24 exceeding 250 square feet within the shore impact zone is permitted only if a plan for
65.25 erosion control, storm water management, and shoreline buffers restoration is approved
6120.3320
65
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
66.1 by the local government and effectively implemented. Ice ridge alterations must meet
66.2 the requirements in chapter 6115;
66.3 M. fill, excavations, grading, and other land alteration activities are prohibited
66.4 in bluff impact zones, except for extractive uses pursuant to part 6120.3300, subpart 9a,
66.5 and placement of stairways, chair lifts, and associated landings;
66.6 N. plans to place fill or excavated material on steep slopes, including the
66.7 construction of a walkout basement, must be developed by a Minnesota-licensed
66.8 professional engineer for continued slope stability, with no fitiished slopes of 30 percent or
66.9 greater, and permitted and approved by the local govemtl!etit;
66.10 O. rock riprap, boulder walls, and retaining walls within shore and bluff impact
66.11 zones may be used only for the correction of an~$tablished erosion problem that cannot
66.12 be controlled through the use of vegetatiQI:\;$lope stabilization using mulch, biomat, or
66.13 similar bioengineered means. Local govemmel:\fapptoval is required for rock riprap that
66.14 addresses a verified erosion problem that cannot be controlled through the use of other
66.15 means. Placement of sand, nllitJJraLtQektiprap; and retaining walls associated with the
66.16 ordinary high water leMeltl!Ust C@tl!ply with rules adopted under Minnesota Statutes,
66.17 section 103G.245;
66.18 E- any alteratiQns b~l@w the ordinary high water level of public waters must
66.19 comply with Minnesota Statutes, sections 103G.245 and 103GA05. Under Minnesota
66.20 Statutes, section 103G.245, a permit may be required from the commissioner before any
66.21 change is made in the course, current, or cross section of public waters;
66.22 ~ alterations of topography are allowed only if they do not adversely affect
66.23 adjacent or nearby properties or public waters. Alterations must be designed and
66.24 conducted in a manner than ensures only the smallest amount of bare ground is exposed
66.25 for the shortest time possible;
6120.3320
66
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
67.1 R. for connections to public waters, excavations, such as those for boat slips,
67.2 canals, lagoons, and harbors, shall be regulated by the commissioner. Structure setbacks
67.3 and the shore impact zone must be measured from the excavation; and
67.4 ~ within designated wild, scenic, or recreational river shorelands, grading and
67.5 filling in of the natural topography that is not accessory to a permitted or conditional
67.6 use is not permitted.
67.7 Subp. 3. Storm water management.
67.8 A. Local governments must consider proper storm water management in all
67.9 reviews, approvals, and permit issuances under shoreland controls adopted under parts
67.10 6120.2600 to 6120.4400. Item B must be incorporated into local government shoreland
67.11 controls and their administration. One of the two specific standards under item CorD
67.12 must be incorporated into local government shoreland controls and their administration.
67.13 !.L. Treated storm water runoff must use existing natural drainage ways and
67.14 vegetated soil surfaces to convey, store, further filter, and retain storm water runoff before
67.15 discharge to public waters. Preference must be given to designs using surface drainage,
67.16 vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
67.17 ~ Local governments with a Minnesota-licensed professional engineer with
67.18 expertise in storm water management and appropriate training and certified personnel in
67.19 design of storm water pollution prevention plans on staff or contract that review plans and
67.20 implementation with regard to performance standards may use the following standards:
67.21 ill residential lots must not exceed 25 percent impervious surface
67.22 coverage, except that for cities within areas meeting all of the requirements of part
67.23 6120.3300, subpart 2, item E, subitem (2), the impervious surface coverage limit for
67.24 nonriparian residential lots may be the same as for the underlying zoning district; and
6120.3320
67
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
68.1 ID for developments or redevelopments that create more than 3,000 square
68.2 feet of impervious surface, local governments must require permanent treatment of one
68.3 inch of runoff. This means that a volume of water equal to one inch multiplied by the area
68.4 of impervious surface must be treated. Preference must be given to volume reduction
68.5 techniques that include infiltration basins, rain gardens, enhanced infiltration swales,
68.6 filter strips, disconnected impervious areas, soil amendments, bioretention, and other
68.7 locally approved volume reduction techniques. For those areas of a project where there is
68.8 no feasible way to meet the treatment requirements, other treatment, including grassed
68.9 swales, grit chambers, vegetated filter strips, bioretentionareas, off-line retention areas,
68.10 and natural depressions for infiltration, is required before themnoff leaves the project
68.11 site or enters surface waters. All management technologies must be consistent with the
68.12 latest Minnesota Stormwater Manual. Local government controls must require the use
68.13 of trained personnel in erosion and sediment control and storm water management or a
68.14 Minnesota-licensed professional engineer for design and inspection of installation and
68.15 use of best management practices.
68.16 D. For local govemments not using the standards in item C, the following
68.17 specific standards must be adopted into local controls:
68.18 ill impervious surface coverage must not exceed:
Development or use
Maximum Applicable area
impervious surface
coverage (percent)
15* Lot or parcel
25 Total project area and any tier
68.19
68.20
68.21
68.22
New residential lots
Planned unit developments or
commercial
68.23
68.24
68.25
Conservation subdivisions
30 Lot
25 Lot or parcel
25** Total project area and any tier
68.26
Residential lots of record
Resort
68.27
6120.3320
68
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
69.1 * - up to 20 percent impervious surface coverage may be allowed with a local
69.2 government-approved storm water management plan.
69.3 ** - up to 30 percent impervious surface coverage may be allowed with a local
69.4 government-approved storm water management plan;
69.5 ID unless otherwise provided by the property owner, a minimum 12-foot
69.6 wide driveway from the nearest road right-of-way to the principal structure must be
69.7 included in the impervious surface coverage calculation;
69.8 ill for developments or redevelopments that create a structure or the
69.9 sum of multiple structures that exceed 10,000 square f@~fOnthe project site, the local
69.10 government shall require:
69.11 @.L permanent treatment of Ou@. ingnof runoff from the impervious
69.12 surfaces created, with preference given tQMQlume redU9tion techniques. This can be
69.13 accomplished through use of filter strips, sOil amendments, infiltration, bioretention,
69.14 permeable pavement, rain gardeus;eul1anceQswales, disconnected impervious surfaces, or
69.15 other locally approved volumereducnont@9nniques. If the runoff reduction standard is
69.16 not physically possibl@tom@@t dU'~Jo the size of the site, mitigation is required consistent
69.17 with the standards in part 6120))g950; subpart 6; and
69.18 {Qltn@usebftrained personnel in erosion and sediment control
69.19 and storm water management, local soil and water conservation district staff, or a
69.20 Minnesota-licensed professional engineer for design and inspection of installation and
69.21 use of best management practices;
69.22 J:.:!l when constructed facilities are used for storm water management, they
69.23 must be designed and installed consistent with the latest Minnesota Storm water Manual;
69.24 ffi new constructed storm water outfalls to public waters must provide for
69.25 filtering or settling of suspended solids and skimming of surface debris before discharge;
69.26 and
6120.3320
69
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
70.1 J&l local shoreland controls may count half the area covered by a permeable
70.2 pavement system as pervious surface if a Minnesota-licensed professional engineer is
70.3 responsible for design and inspection of installation of the permeable system and best
70.4 management practices are followed in design, installation, and maintenance as found in
70.5 the latest Minnesota Storm water Manual. Local shoreland controls must meet or exceed
70.6 the following standards for use of this credit:
70.7 @l no credit may be given for a permeable pavement system in a shore
70.8 or bluff impact zone, except as otherwise allowed for watercraft access ramps;
70.9 \.QL the base of the installed permeablepl,lyement system must have
70.10 a minimum of three feet separation from the seasonally saturated>.~oils or from the
70.11 bedrock; and
70.12 Gl the design of a p@l1ll1@able paVement system must allow for the
70.13 infiltration of the first inch of any storm frQm theimp@rvious surfaces on the parcel.
70.14 6120.3400 SANITARY WATER SUPPLY AND SEWAGE PROVISIONS.
70.15 Subpart 1. [Repealed, 13 SR 3029]
70.16 Subp. la. Purpose. Thepl:opeflocation, design, installation, use, and maintenance
70.17 of a subsurface sewage treatment system protects the public health, safety, and general
70.18 welfare by ensuring adequate treatment for discharge of sewage to the groundwater that
70.19 flows into lakes and rivers. The proper location, design, installation, use, and maintenance
70.20 of a well or a surface water intake protects public health.
70.21 Subp. 2. rSee repealer.l
70.22 Subp. 2a. Water supply. Any public or private drinking water supply must meet
70.23 or exceed standards for water quality in chapters 4717 and 4720. Wells must be located,
70.24 constructed, maintained, and sealed according to chapter 4725.
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RD3879
71.1 Subp. 3. Sewage treatment. Any premises used for human occupancy must be
71.2 provided with an adequate method of sewage treatment
71.3 A Publicly owned sewer systems must be used where available and feasible.
71.4 B. All 1"; ,dlv subsurface sewage treatment systems must meet or exceed
71.5 appllGabk, ltllG,5 6[tll(, PvIlllllG56ta D('p~Htnl('llt ofIIGalth, the, PvIlUllG50ta rolltlt161l C611tlol
71.6 Ao'-'llVY, ~p'-''-'~h'-'ally \Jlaph..'1 the requirements in chapters 7080 [VI ~llJ~v~Jual ~,-,vvao'-'
71.7 tle;atlllwt S}St.cIllS to 7083, and any applicable local government standards.
71.8
C. all site; Subsurface sewage treatment
be set back from the
71.9 ordinary high water level in accordance with the
71.10
Class
Sewage tank, holding
tank, sealed privy
71.11
71.12
71.13
71.14
7115 Wild river
150 150
100 100
75 75
75 75
150 150
150 150
150 50
7-5 100 50
5tt 75* 50
-t5B
too
too
7-5
7-5
71.16 Scenic river
71.17 Recreational river
71.18
71.19
71.20 Cold water river
71.21 Natural
71.22 Natural environment
71.23 Recreational development
71.24 General development
71.25 Re;lllote; Ii ,e;1 se;€;Ille;llts
71.26 FOIGstGd IlvGl .5('~lll(,nt.5
71.27 TlaH~~t~ull l~ V \.11 ~\.IOlll\.'/llb
71.28 Aol~\.Iultulall~ V \.11 ~\.IOlll\.'/llb
71.29 Ulbatl and tJibutaJ} Ii ,e;1 se;€;lllwts
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REVISOR
RD3879
72.1 * - For residential lots of record, this distance may be reduced if this standard is not
72.2 physically possible, but must be greater than 50 feet
72.3
72.4 t1p~lad(, .5(,vva~(, 11(,<<t111('11t .5).5t('111.5 tll<<t aJe, lllc,61lS1stGut \'\'1tll the, .5(,vva~(, 11(,<<t111('11t .5).5t('111
D. LU\.Ial OUV\.Illllll\.lub lllu~t J\.IV\.",lup CLUJ ~lllpl\.Il11\.lllt plUolalll~ tv ~J\.Illt~[y CLUJ
72.5 J\.I~~Oll \.Il~h,.Il~a ~J\.Illt~h\.lJ ~ll ~h,.Illl D, \.u,,-\..Ju~~ V \.I u[ tIn", applupl~ah,'/ ~\.ItLm,J\,- LUlll tIn", uIJ~llalY
72.6 hi€;h "ate;1 k,d in ite;1ll C. The;se; plO€;lalllS mtlst Ie;qtlile; le;wllstltle;tioll of e;x1still€;
72.7 llUll\.lUll[Ullll~110 ~\.Ivvao\.l ~y~h,.Illl~ \'\'11\..111\.1 V \.11 a p\.lllll~t VI Val~aH\.I\.I u[ allY typ"-' ~~ l\.lI.-JU~l\.lJ fUI
72.8 all} illlplO,e;mwt 011, 01 tls.:; of, the; pwpe;lty, and mtlst indtlq!8at kast Olle; of the; folio "ill€;
72.9 appIMdle;s. Subsurface sewage treatment systems mustl;i~~~t back 50 feet from rivulets.
72.10
72.11
72.12
72.13
72.14
72.15
72.16
72.17
72.18
72.19
72.20
72.21
72.22
72.23
72.24
BT a .5}.5t('111<<t1(' Ie-vIe-v\' of (,xl.5till~Jf5Z61d.5 t6 dlt4l!11111G \'"hiGh .5).5t('111.5 in
tIn", jUl~~J~\.It~Ull al\.lllUll\.lUllfullll~llo CLUJ l\.lI..JU~1~1;5;+\.I\.IUH~t~'U\.lt~Ull \'\'11\..111 pla\.lt~\.IceLl\.l,
tzT a ~y~h..Illlat~\.I ull-~~h,'/ ~.l+~HXK.~~Ull pl'8i~(.;Ull ~ll\..JUJ~110 all plUp\..Ilt~\.I~ \'vl1\..Il\.l
adc,Cftl<<tG lCC61d of (,onf61l11ml(,(,s docs 116't;~xi~;'TaZ~~Fify lll~ 116n('6nf61l11111~ 61 lll(,~al
~ y ~tvlll~ ClllJ IV'-1U~I~llo IVVvll~t~''':'c;:t1'~~~::\'r IIVll:f!PIVpI~dtv,
t3T Cl llvt~hvClG8i~:'H~::eaHeafH5trpIVoICllll tllClt ~~ VI~VlltvJ tVVVClIJ vVll v ~llV~110
Stlbstalltiallltllllbe;ls OfplOpcfty O"'Ile;IS to e;,altlat.:; the;il Se;"a€;e; S}st':;IllS and ,vltllltalil}
UpOIClJv tllv ~vvvCl~~:~~:ydtllIvllt ;.)'ptvIll, ~[llVllVVllfvllll~llO' VI
ttT VtIIVl'I'~Hgi~HI~ ~UllJ tv Lv ClvvvptceLlv tv tllv VVllIllI~~~~VllVl.
E. Local governments shall require the property owner to have or obtain a valid
certificate of compliance for the subsurface sewage treatment system with conveyance of
the lot or issuance of any permit or variance.
F. In areas not served by publicly owned sewer, local governments shall require
at least two soil treatment and dispersal areas be available for each lot, as described in
chapter 7082.
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RD3879
73.1 G. Lodging establishments, including vacation rental lodging and vacation home
73.2 rentals, must meet or exceed applicable standards or rules of the Minnesota Department
73.3 of Health and the Minnesota Pollution Control Agency. Lodging establishments must
73.4 meet or exceed the requirements of chapter 4625 and Minnesota Statutes, chapter 157.
73.5 The subsurface sewage treatment system must be designed and constructed to meet or
73.6 exceed the design flow requirements for the dwelling units consistent with chapters 7080
73.7 and 7081, and local regulations. A certificate of compliance for the subsurface sewage
73.8 treatment system is required.
73.9 6120.3450 ADDITIONAL WILD, SCENIC, AND RECREATIONAL RIVER
73.10 PROVISIONS.
73.11 Subpart 1. Purpose. The purpose of this Part is tQprovide additional standards and
73.12 criteria as necessary to preserve and protect the outstanding scenic, recreational, natural,
73.13 historical, and scientific values of designated wild, scenic, and recreational rivers and their
73.14 adjacent lands and to establish procedures for future designations.
73.15 Subp. 2. Scope. This part pertains to public waters, to public and private lands
73.16 within the shorelands defined in a management plan, and to the designation of future
73.17 rivers. All state, I@qal, and speqial gOvernmental units, councils, commissions, boards,
73.18 districts, agencies, departmentsIlmd other authorities shall exercise their powers so as to
73.19 further the purpose of theN1innesota Wild and Scenic Rivers Act and management plans
73.20 adopted thereunder. Land owned by the state and its agencies and subdivisions must be
73.21 administered according to the management plan for each river. No land so owned within
73.22 the shoreland overlay districts may be transferred if the commissioner determines transfer
73.23 is inconsistent with the management plan. In case of conflict between the Minnesota Wild
73.24 and Scenic Rivers Act or this chapter and some other law of this state or existing local
73.25 ordinances, the more protective provision applies.
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RD3879
74.1 Subp. 3. Designation of river segments in the wild and scenic rivers system. To be
74.2 eligible for inclusion in the Minnesota wild and scenic river system, a river or segment of
74.3 river and its adjacent lands must possess outstanding scenic, recreational, natural, historic,
74.4 scientific, or similar values. For each river proposed to be included in the wild and scenic
74.5 rivers system, the commissioner must prepare a management plan that emphasizes the
74.6 preservation and protection of the area's scenic, recreational, natural, historic, and similar
74.7 values and places no unreasonable restrictions upon compatible, preexisting, economic
74.8 uses of particular tracts of land according to Minnesota Statutes, chapter 103F. The
74.9 management plan, which when adopted constitutes the rules for the river, must include:
74.10 A. the proposed classification of the river or appropriate segments;
74.11 !.L. the proposed shoreland overlay district boundaries, which must not exceed
74.12 320 acres per mile of river on both sides, not each side, of the river;
74.13 ~ the proposed methods for preserving the river and its adjacent lands. Land
74.14 use controls, applied through local zoning ordinances, must be employed to preserve and
74.15 protect the values of the river that justified the river's selection and classification. Scenic
74.16 easements or fee title to land may be acquired when preservation dictates stricter limits
74.17 on shoreland development than land use controls can impose. Fee ownership, or, when
74.18 sufficient, use easements, may be acquired for campsites, accesses, launch areas, trails,
74.19 and other public uses of land. The commissioner may acquire fee and lesser interests in
74.20 land by purchase, grant, gift, devise, exchange, or lease;
74.21 D. the proposed regulations for local land use controL The regulations must be
74.22 consistent with the river classification, but may differ from the standards and criteria of
74.23 this chapter to the extent necessary to take account of the particular attributes of the area;
74.24 !.h., the proposed regulations, if any, for water surface use of the river;
74.25 L the proposed plan for recreational management within the shoreland overlay
74.26 district; and
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RD3879
75.1 G. the proposed plan for administration of the rules.
75.2 Subp. 4. Implementation of proposed management plan. Adoption of the
75.3 management plan by adoption of rules, and adoption or amendment of local ordinances to
75.4 comply with the management plan, must be in accordance with Minnesota Statutes, chapter
75.5 103F. If the commissioner deems it necessary to expedite the preservation and protection
75.6 of the designated river, the commissioner may request the local government to initially
75.7 implement the land use controls described in the adopted management plan by passing an
75.8 interim zoning resolution, providing such a resolution would be otherwise lawfuL
75.9 Subp. 5. Vegetation alteration.
75.10 A Within the structure setbacks from the ordinary high water level identified
75.11 in part 6120.3300, subpart 3, item F, subitem (1), the following standards apply to the
75.12 cutting, girdling, poisoning, or removal of vegetation:
75.13 ill intensive vegetation clearing or clear-cutting are not permitted, except
75.14 for any authorized public services such as roads and utilities; and
7515 ID selective cutting of trees in excess of four inches in diameter at 54
75.16 inches above ground is permitted provided that cutting is spaced in several cutting
75.17 operations and a continuous tree cover is maintained.
75.18 !.L Outside of the structure setbacks from the ordinary high water level identified
75.19 in part 6120.3300, subpart 3, item F, subitem (1), intensive vegetation clearing and
7520 clear-cutting are subject to the following standards and criteria:
75.21 ill intensive vegetation removal or clear-cutting must not be conducted
75.22 where soil, slope, or other watershed conditions are fragile and subject to erosion,
75.23 sedimentation, or other degradation;
75.24 ID cleared areas must be shaped and blended with the natural terrain;
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RD3879
76.1 ill the size of cleared areas must be kept at the minimum necessary to meet
76.2 forest management goals or to accommodate permitted development; and
76.3 J:.:!l all intensive vegetation clearing and clear-cutting must be conducted
76.4 between September 15 and May 15. If natural regeneration will not result in adequate
76.5 vegetative cover, areas in which intensive vegetation removal or clear-cutting are
76.6 conducted must be replanted to prevent erosion and to maintain the aesthetic quality of the
76.7 area. Replanting must be performed in the same spring as the clearing or in the spring
76.8 following the clearing as weather allows.
76.9 C. Items A and B do not apply to:
76.10 ill cutting, girdling, poisoning, ocr~moving rotten or damaged vegetation
76.11 that presents safety hazards, invasive species, Orgi~e,,~ed or insect-infested vegetation; or
76.12 ID pruning understory veg~fli\tiQ)l, harv~~ting crops, or cutting suppressed
76.13 trees or trees less than four inches in diam~f\)caf54inches above ground.
76.14 Subp. 6. Planned unitdeveloPIDents.lliiocal ordinances must contain provisions
76.15 for allowing planned unit develOpments. The controls must meet or exceed the standards
76.16 in part 6120.4200.
76.17 Subp. 7. Permit\i!{()r utilitY transmission crossings and roads.
76.18 A All utility transmission and distribution crossings of wild, scenic, or
76.19 recreational rivers or of state lands within shoreland overlay districts that are under
76.20 the control of the commissioner require a permit from the commissioner according to
76.21 Minnesota Statutes, section 84.415 or 103G.245. In reviewing permit applications for
76.22 utility crossings, primary consideration must be given to crossings that are proposed to be
76.23 located with or adjacent to existing public facilities, such as roads and utilities.
76.24 !.L. Utility transmission crossings of lands within the jurisdiction of the local
76.25 government within shoreland overlay districts of wild, scenic, or recreational rivers
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REVISOR
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RD3879
77.1 require a conditional use permit from the local government For purposes of this subpart,
77.2 "transmission" means electric power, telephone, and telegraph lines, cables, or conduits
77.3 that are used to transport large blocks of power between two points (with respect to
77.4 electric power, generally, 69 kilovolts or more) or main or pipeline crossings for gas,
77.5 liquids, or solids in suspension that are used to transport large amounts of gas, liquids, or
77.6 solids in suspension between two points. A conditional use permit is not required for high
77.7 voltage transmission lines under the control of the Public Utilities Commission, according
77.8 to Minnesota Statutes, section 216E.1O.
77.9 ~ For purposes of this subpart, "distribution".nl@ans lines, cables, or conduits
77.10 or mains or pipelines used to distribute power, watt;r;gas, or oth@r essential services to the
77.11 utility company's customers. Utility distributiQ[lis an eS$ential service. A conditional use
77.12 permit is not required for essential services.
77.13 D. A permit under Minnesota $tatUt@s!$ection 103G.245, is required for the
77.14 construction or reconstruction, rt;nlOMal, or@ibandonment of any road or railroad crossing
77.15 of a public water. In reviewiilg permitaPPlic@ijions required for road or railroad crossings,
77.16 primary consideration mJJ.stbegiv@n to crossings located within or adjacent to existing
77.17 facilities, such as roads and utilitieS'
77.18 !.h.. A conditional us@Jpermit from the local government is required for any
77.19 construction of new public roads or the reconstruction of any existing public roads within
77.20 wild, scenic, or recreational river shorelands. Public roads include all township, county,
77.21 and municipal roads and highways.
77.22 Subp. 8. Utility transmission crossing and road construction.
77.23 A It is essential to regulate utility transmission crossings of lands within the
77.24 jurisdiction of the local government and the construction of public roads within shoreland
77.25 overlay districts of wild, scenic, or recreational rivers to provide maximum protection and
77.26 preservation of the natural environment and to minimize any adverse effects that may
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RD3879
78.1 result from such utility crossings and roads. This subpart provides a basic framework
78.2 of environmental considerations concerning a proposed crossing or road construction.
78.3 The considerations deal with route design, structure design, construction methods, and
78.4 right-of-way maintenance.
78.5 !.L. For each environmental consideration listed in this subpart, the applicant
78.6 must indicate how the applicant is satisfying the consideration, where applicable, or if not,
78.7 why. In dealing with route design considerations, the applicant must, where applicable,
78.8 also supply data on relevant site conditions. The local government shall issue a conditional
78.9 use permit if the applicant shows that the applicant has ~;;itiiified, to the extent feasible,
78.10 these environmental considerations and avoids wild~scenic, aildrecreational river
78.11 shorelands, especially wild river shorelands, 'Yh~neverpfacticable<Ifthere is no feasible
78.12 alternative to avoiding wild, scenic, and recreation;;ilfiver shorelands, the standards and
78.13 criteria in this subpart apply.
78.14 C. Route design withr~g;;itd to topography, location, vegetation, and soil
78.15 characteristics must avoid:
78.16 ill st~~pslope~;
78.17 IDscenic intrusions into stream valleys and open exposures of water;
78.18 ffi sceniciiltriisions by avoiding ridge crests and high points;
78.19 J::I:l creating tunnel vistas by, for example, building deflections into the
78.20 route or using acceptable screening techniques;
78.21 ffi entering areas within 200 feet of wild, scenic, and recreational rivers
78.22 and areas within 100 feet of designated tributaries with wild, scenic, or recreational
78.23 shorelands except where the utility or road has been authorized by the commissioner to
78.24 cross wild, scenic, or recreational rivers or tributaries within their shorelands;
78.25 J:2L wetlands;
6120.3450
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REVISOR
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RD3879
79.1 ill forests, but if it is necessary to route through forests, then route design
79.2 must utilize open areas to minimize destruction of forest resources;
79.3 ID soils whose high susceptibility to erosion would create sedimentation
79.4 and pollution problems during and after construction;
79.5 J:2l areas of plastic soils which would be subject to extensive slippage;
79.6 J:..lQL areas with high water tables, especially if construction requires
79.7 excavation; and
79.8 Jl!l common open space and open space recreation areas whenever
79.9 practi cab Ie.
79.10 D. With regard to locating the utility overhead or underground, primary
7911 considerations must be given to underground placement to minimize visual impact
79.12 If the proposal is for overhead placement, the applicant must explain the economic,
79.13 technological, or land characteristic factors that make underground placement infeasible.
79.14 Economic considerations alone must not be the major determinant If overhead placement
79.15 is necessary, the crossing must be hidden from view as much as practicable. Appearance
79.16 of structures must be made as compatible as practicable with the natural area with
79.17 regard to height and width, materials used, and color. With regard to the width of the
79.18 right-of-way, the cleared portion of the right-of-way must be kept to a minimum.
79.19 ~ Construction across wetlands must occur in the winter to minimize damage
79.20 to vegetation and to prevent erosion and sedimentation. Construction must occur at
79.21 times when local fish and wildlife are not spawning or nesting. Effective erosion and
79.22 sedimentation control programs must be conducted during all clearing, construction, or
79.23 reconstruction operations to prevent the degradation of the river and adjacent lands.
79.24 F. New roads must be constructed to avoid cuts and fills so as to blend into the
79.25 natural terrain so that the roads appear to be a part of the natural landscape. Reconstruction
6120.3450
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REVISOR
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RD3879
80.1 of an existing public road or railroad must be performed in a manner that minimizes any
80.2 adverse effect on the natural beauty and environment of the river. Effective erosion and
80.3 sedimentation control programs must be conducted during all clearing, construction, or
80.4 reconstruction operations to prevent the degradation of the river and its adjacent lands.
80.5 G. If possible, natural vegetation that does not pose a safety hazard or restrict
80.6 reasonable use of the utility must be allowed to grow in the right-of-way. Where
80.7 vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs,
80.8 and trees must be planted and maintained within the rights-Qftway.
80.9 H. The management plan may identify areas..$t1it~ble for utility corridors.
80.10 L Highway waysides must be designedinsuch a mannet.as to harmonize with
80.11 the surroundings.
80.12 Subp. 9. Public use of waters andland5.
80.13 A To protect the right$.Qfpriva.~e.J~downers, ensure quietude, prohibit
80.14 trespassing, prevent littering,~nd m<liintain the. essential quality of wild, scenic,
80.15 and recreational rivers and their@i$sociatedshorelands, the commissioner and local
80.16 governments shall a&!obt mea.$urestQlJlanage the use and enjoyment of the rivers and
80.17 their associated shorel<linds by ~l:\e public.
80.18 !.L. The public u$ea.nd enjoyment of wild, scenic, and recreational rivers and
80.19 their associated shorelands is limited to the public waters and publicly owned lands and
80.20 interests in land within the shoreland overlay districts. Private landowners may grant
80.21 scenic easements in their land to the state. However, unless specifically provided by the
80.22 parties, no such easement gives the holder or any beneficiary the right to enter on the land
80.23 except for enforcement of the easement
80.24 C. Public use in wild, scenic, or recreational shorelands is restricted as follows:
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RD3879
81.1 ill the deposit of garbage, rubbish, offal, or the body of a dead animal,
81.2 or other litter is prohibited under Minnesota Statutes, section 609.68, or other applicable
81.3 statutes;
814 ID the discharge of a firearm while traveling on or using a wild, scenic, or
81.5 recreational river is prohibited, except for the purpose of hunting during those times and in
81.6 those areas in which hunting for protected animals is allowed;
81.7 ill use of off-highway vehicles, recreational motor vehicles, or similar
81.8 vehicles is prohibited on state-owned land or land administ@~ed by the commissioner,
81.9 unless provided for in the management plan. This subitemdQ.@s not apply to the lawful
8110 use of such vehicles on public roads and streets aGGPfding to Minnesota Statutes, section
8111 169.045, or other applicable statutes;
8112 J:.:!l overnight camping, fiX@!;kQr campnres are not allowed on state-owned
8113 land or land administered by the commissioner;exeelDt as allowed by the commissioner
8114 for such purposes; and
8115 ffi trespass uPOn.. private lands is prohibited without the permission of
8116 the landowner, lesse@;OFocep:paritp:nder Minnesota Statutes, section 609.605, or other
81.17 applicable statutes'
8118 D. The restrictionsiri item C, subitems (l) to (3), do not apply to persons who
8119 have been authorized by the commissioner or by the appropriate local government to
81.20 possess such items for the sole purpose of removing such items from the area.
81.21 ~ Any regulations that may be necessary to reduce conflicts among users of
81.22 a particular river, or between users and nearby residents, must be adopted as part of the
81.23 management plan for the river, or as amendments thereto. The boundaries of such areas
81.24 must be described with particularity in the management plan.
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REVISOR
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RD3879
82.1 Subp. 10. Change of jurisdiction. When designated wild, scenic, or recreational
82.2 river shorelands are annexed, incorporated, or in any other way transferred to another
82.3 jurisdiction, a moratorium shall exist on all subdivision platting building permits,
82.4 construction, grading and filling, and vegetative cutting until the newly responsible local
82.5 government adopts zoning controls for that land. The zoning must comply with the
82.6 management plan of the river that applied to the land before the transfer. This subpart
82.7 does not apply to work for which lawful permits were issued before the transfer.
82.8 6120.3500 SUBDIVISION PROVISIONS.
82.9 Subpart 1. rSee repealer.l
82.10 Subp. la. Purpose. The purpose of this part is to allow for greater flexibility and
82.11 creativity in the design of residential subdivisions; facilitate the construction of streets,
82.12 utilities, and public services in a more economical and efficient manner; and promote
82.13 conservation subdivisions to ensure that citizens in residential developments and the
82.14 public benefit from the conservation of natural features of the land, including wetlands,
82.15 forests, shorelines, steep slopes, plants, wildlife, historic sites, and scenic areas.
82.16 Subp. 2. rSee repealer.l
82.17 Subp. 2a. Subdivision developments. Subdivisions must be processed by local
82.18 governments according to Minnesota Statutes, chapters 394, 462,505, and 515B.
82.19 Subdivisions are not allowed on any lot that is part of an approved planned unit
82.20 development Open space must be integrated into all subdivisions according to part
82.21 6120.4000. The local government must require a conditional use permit for:
82.22 A. planned unit developments on riparian lots or parcels without riparian
82.23 dedication or a conservation easement consistent with part 6120.3300, subpart 2, item
82.24 E, subitem (3); and
6120.3500
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REVISOR
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RD3879
83.1 B. planned unit developments or residential developments containing 15 or
83.2 more dwelling units or sites for a sensitive shoreland area or elsewhere containing 25
83.3 or more dwelling units or sites.
83.4 Subp. 2b. Preproject review. To address environmental and infrastructure concerns;
83.5 reduce surveying, platting, and engineering costs; avoid confusion; and offer expertise to
83.6 developers and planning officials, the local government shall conduct a preproject review
83.7 of all subdivision developments and major redevelopments before formal applications
83.8 are accepted. The review must identify any major concerns and the need for additional
83.9 information from the potential applicant For this preproject review, potential applicants
83.10 or developers must provide a concept layout for the development, but not detailed plans.
83.11 Subp. 3. Land suitability and consistency with other controls.
83.12 A Each lot created must be suitable in its natural state for the proposed use with
83.13 minimal alteration. A lot intended for development must meet the appropriate minimum
83.14 lot standards and suitability requirements of parts 6120.3300, subparts 2, item C, and 2c.
83.15 Local governments must not issue zoning, building, or sewage permits for unsuitable lots.
83.16 B. conform to all other official controls adopted by the
83.17 local 1',,,b 6120.2500 tv 6120.J,)00 this chapter. Local
83.18 governments must that are designed so variances from one or
83.19 more standards in official controls would be needed to use the lots for their intended
83.20 purpose. In areas not served by publicly owned sewer and water systems, subdivisions
83.21 must not be approved by local governments unless domestic water supply is available and
83.22 at a minimum two type 1 soil absorption sewage treatment sites can be provided for every
83.23 lot A lot shallllle;e;t the; millilllulll lot size; ill palt GI20.JJOO, subpalts 2a alld 2b, indudill€;
83.24 <<t IGast a Illllllllltll11 ('61ltl~t16t1.5 lavvll alGa, that Is [1(,(, of Ilnlltln~ faGt6L5 (lO{,Jt1611 alld ty pc,
83.25 u[ "va-h.1! ~ul-'ply, ~u~l typ"-', Jvptll tv oluuuJvvah..Il VI ~lllp,..IlV~UU~ la-YVI, ~lup\.l, flUUJ~110
6120.3500
83
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
84.1 pote,lltlal, alld othe,!ll!llltlll~ factou~), St1tfte,le,llt Eo! the, collstlt1e,tlOll ofhvo .5tallda!d solI
84.2 t.""t..."ut ~y ~lv...~. Lots that would require use of holding tanks must not be approved.
84.3 Subp. 3a. Dedications and restrictions. Developments must provide easements
84.4 over natural drainage or ponding areas for management of storm water and delineated
84.5 wetlands if required by local governments. A notice of restriction must be recorded with
84.6 the office of the county recorder or office of the county registrar of titles for all restrictions
84.7 listed with the plat
84.8 Subp. 4. Information requirements. After preprojeGlreview consistent with
84.9 subpart 2b, subdivision controls must require submissi@!lO~edequate information to
84.10 make a determination of land suitability under suqp~rt +1.. ThE\information ~ must
84.11 include at least the following:
84.12 A. topographic contours at t'-'~~S&9HJ ~llh.-'l~'i~R"Ul l,-,~~ LUlll Ull~t,-,J Stdt,-,~
84.13 Gcolo€;ie;al SUI ,e;} maps 01 mole; from the most accurate publicly available maps or
84.14 sources, showing limiting site characteristics such as wetlands, bluffs, and steep slopes;
84.15 B. the surface water features required in Minnesota Statutes, section 505.02,
84.16 subdivision 1, to be shown on plats, obtained from United States Geological Survey
84.17 quadrangle topographic maps or more accurate sources;
84.18 C. adequate soils information to determine suitability for building and vu-~;t"
84.19 two type 1 subsurface sewage treatment e;apabilitie;, system locations for every lot
84.20 from the most current e;xistill€; SoUlce;s 01 flom field investigations such as soil borings,
84.21 percolation tests, or other methods acceptable to the local government;
84.22 D. information regarding adequacy of domestic water supply; extent of
84.23 anticipated vegetation and topographic alterations; the location of the ordinary high water
84.24 level; near-shore aquatic conditions, including depths, types~ of bottom sediments, and
84.25 map of aquatic vegetation showing emergent, floating-leaf, and submerged plant stands;
6120.3500
84
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
85.1 delineation of all wetlands; and proposed methods for controlling storm water runoff and
85.2 erosion, both during and after construction activities; a:rrd
85.3 E. if available, location of 100- y ",u the base flood pb:i:rr elevation or 100-year
85.4 floodplain areas from existing maps or datac and information on delineation;
85.5 L information regarding the boundaries and terms of existing conservation or
85.6 scenic easements;
85.7 G. a site plan for the project showing items A to F, property boundaries, lots,
85.8 streets, shore impact zones, common open space, existing and proposed structures,
85.9 docking areas, sewage treatment systems, storm water facilities, woodlands, unusual
85.10 geological features, vernal pools, and wetlands. Planned unit developments and new
85.11 resorts must also show docking facilities, swimming beaches, and other water-related
85.12 implements, including rafts and buoys, markers delineating swimming and bathing areas,
85.13 beaches, and other facilities;
85.14 H. documents that explain how the project is designed and will function.
85.15 The documents must include all covenants, operating rules, and procedures of any
85.16 homeowners association; all easements associated with the development; a concept
85.17 statement describing the project; all structures; and various other drawings or plans as
85.18 required by the local government;
85.19 L a context map showing the natural features on both the proposed development
85.20 site and on adjacent properties; and
85.21 L for conservation easements, a statement of preliminary acceptance from a
85.22 qualified holder as defined in Minnesota Statutes, sections 84C.0 1 and 84C.02.
85.23 Subp. 5. rSee repealer.l
85.24 Subp. 6. Subdivision options. The following subdivision options are allowed in
85.25 shorelands:
6120.3500
85
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
86.1 A. conventional subdivision. Where allowed, new conventional subdivision
86.2 developments shall meet the following conditions:
86.3 ill the open space requirements of part 6120.4000 are met or exceeded;
86.4 ID lot size requirements of part 6120.3300, subpart 2c, or 6120.4000,
86.5 subpart 2, item B, subitem (2), are met or exceeded; and
86.6
86.7
ill storm water management standards in part 6120.3320 are met or
exceeded;
86.8 B. planned unit development (PUD). Developments consistent with the planned
86.9 unit development definition, including recreational vehicle parks, travel trailer parks,
86.10 manufactured home parks, park trailer parks, and similar developments are considered a
86.11 form of planned unit development and must be developed or redeveloped consistent
86.12 with the planned unit development standards in this part. The following planned unit
86.13 development options are allowed:
86.14 ill PUD with riparian dedication. Where a riparian land dedication or
86.15 conservation easement of the riparian area is elected or required consistent with part
86.16 6120.3300, subpart 2, item E, subitem (3), the local government may use the planned unit
86.17 development standards of the underlying zoning district and:
86.18 D!l placement and height of structures and facilities must be consistent
86.19 with the standards in part 6120.3300, subpart 3; and
86.20 \.QL if shoreline facilities are allowed, the project must be consistent
86.21 with the standards in chapter 6115 and compliance with chapter 6115 is a condition for
86.22 development;
86.23 ID city PUD. For cities within areas meeting the requirements of part
86.24 6120.3300, subpart 2, item E, subitem (2), the planned unit development standards may be
86.25 the same as for the underlying zoning district and:
6120.3500
86
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
87.1 @l placement and height of structures and facilities must be consistent
87.2 with the standards in part 6120.3300, subpart 3;
87.3 \.QL the shore and bluff impact zones, based on required structure
87.4 setbacks, must be included as common open space with protections consistent with
87.5 part 6120.4000, and buffers in these zones must meet or exceed the standards in part
87.6 6120.3310; and
87.7 Gl if shoreline facilities are allowed, the project must be consistent
87.8 with the standards in chapter 6115 and compliance with chapter 6115 is a condition for
87.9 development; and
87.10 ill shoreland conservation subdivision. PUD shoreland conservation
87.11 subdivisions are allowed in a shoreland overlay district and local controls must meet or
87.12 exceed the standards in part 6120.4200;
87.13 ~ public values-driven collaborative subdivision. Local governments having
87.14 approval from the commissioner to use part 6120.4400 may allow developments consistent
87.15 with that part; and
87.16 D. resorts. Local controls for resort development and redevelopment must meet
87.17 the standards in part 6120.4300.
87.18 Subp. 7. Conversions of planned unit developments. Local governments
87.19 may allow existing planned unit developments or other land uses and facilities to be
87.20 converted to residential developments if all inconsistencies between existing features of
87.21 the development and the standards in parts 6120.3300, 6120.3500, and 6120.4200 are
87.22 identified and corrected.
87.23 6120.4000 OPEN SPACE PROVISIONS.
87.24 Subpart 1. Purpose. The purpose of this part is to conserve natural and recreational
87.25 areas, including those areas containing unique and sensitive natural features such as prime
6120.4000
87
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
88.1 agricultural soils, woodlands, steep slopes, waters, floodplains, critical fish and wildlife
88.2 habitats, and wetlands.
88.3 Subp. 2. Open space requirements.
88.4 A. Open space integrated into residential and commercial developments is a
88.5 required component of shoreland subdivisions. Open space requirements apply to:
88.6 ill all plats and metes and bound subdivisions creating lots of less than
88.7 five acres, except:
88.8 @L
88.9 \.QL resolutions of encroachments;
88.10 Gl additions to existing lots of record; and
88.11 ~ essential services; and
88.12 ID all conventional subdivisions, shoreland conservation subdivisions,
88.13 planned unit developments, new resorts, and similar developments or redevelopments.
88.14 !.L. Open space requirements for conventional subdivisions must be met by one
88.15 or more of the following methods and approved by the local government:
88.16 ill preserve at least 25 percent of the total project area as contiguous
88.17 common open space designated as a common open space lot, provided that the lot is
88.18 managed and protected consistent with subpart 4. Developments that create riparian lots
88.19 must preserve one riparian common open space lot with a lot width at least 25 percent of
88.20 the shoreline length of the project parceL The riparian common open space lot must be
88.21 protected with a conservation easement consistent with subpart 4, item D;
88.22 ID expand all lots by 1.25 times the required minimum lot width and lot
88.23 area in part 6120.3300, subpart 2c;
6120.4000
88
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
89.1 ill use dedication of fee-simple land or a conservation easement on
89.2 riparian areas consistent with part 6120.3300, subpart 2, item E, subitem (3); or
89.3 J:.:!l for parcel divisions into three or fewer riparian lots, protect the riparian
89.4 areas located between the ordinary high water level of public waters and a line parallel to
89.5 it at the distance of 50 feet measured horizontally for the entire width of all lots meeting or
89.6 exceeding the standards in subpart 4, item D.
89.7 ~ For planned unit developments, new resorts, and similar developments and
89.8 redevelopments, the following common open space requirements apply:
89.9 ill for cities within areas meeting the requirements of part 6120.3300,
89.10 subpart 2, item E, subitem (2), development and reaevelopmenfm\1st meet the open space
89.11 requirements of the underlying zoning district; ana
89.12 ID in other areas, commonop@o spacemJlst be at least 50 percent of the
89.13 total project area, and the shore and bluffimpacf zones must be included as common
89.14 open space.
89.15 Subp. 3. Common openspQjce determination.
89.16 A For QQnventionalsJlbdivisions, no more than 25 percent of the required
89.17 common open space may consii'lt of wetlands. For those projects where there is no feasible
89.18 way to meet this requirement, the local government shall require another option within
89.19 subpart 2, item B, be used.
89.20 !.L. For planned unit developments and new resorts, common open space must
89.21 include any areas with physical characteristics unsuitable for development in their natural
89.22 state, and, if present, any areas containing significant historic sites or unplatted cemeteries.
89.23 Common open space may include wetlands, bluff impact zones, upland recreational
89.24 areas, wildlife areas, historic sites, and areas unsuitable for development in their natural
89.25 state, and no more than 25 percent of the required common open space may consist of
6120.4000
89
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
90.1 wetlands. Common open space may not include the area within 25 feet of any structure,
90.2 any impervious surface, or the area between buildings within an individual cluster of
90.3 buildings. At least 50 percent of the required common open space must be retained in
90.4 a contiguous area.
90.5 Subp. 4. Administration of common open space.
90.6 A. To ensure the continued existence and functioning of the common open
90.7 space in the development, the administrative controls in this subpart are required.
90.8 B. Unless an equally effective alternative ownership and management
90.9 framework is established by the local government, residential developments often or more
90.10 dwelling lots, units, or sites with common open space must use an owners' association
90.11 with the following features:
90.12 ill each owner in the development must have an undivided ownership in
90.13 the common open space and other common elements, and the common open space must
90.14 be restricted from further development by means consistent with items D and E;
90.15 ID membership must be mandatory and automatic for each dwelling unit
90.16 or site owner and any successive owners;
90.17 Ql each member must pay a pro rata share of the association's expenses,
90.18 and unpaid assessments can become liens on units or sites;
90.19 J:.:!l assessments must be adjustable to accommodate changing conditions;
90.20 0l. the association must be responsible for insurance, taxes, and
90.21 maintenance of all commonly owned property and facilities, and shall enforce covenants,
90.22 restrictions, and easements;
90.23 J:2L the association must have a local government-approved plan for any
90.24 common open space and must administer the plan in accordance with the terms of any
90.25 conservation easement or other restrictive instrument on the common open space;
6120.4000
90
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
91.1 ill before establishing or recording any common interest community,
91.2 the developer must submit documents, including all covenants, conditions, restrictions,
91.3 easements, and operating rules and procedures associated with the development, for
91.4 review and approval by the local government according to Minnesota Statutes, section
91.5 515B.1-106; and
91.6 ffi under no circumstances may covenants or restrictions be modified
91.7 without the local government unit's determination that the proposed changes fully comply
91.8 with the requirements of this part.
91.9 ~ For developments of nine or fewer dwelling units or sites, new resorts, or
91.10 lots with common open space, the common open space may be retained by the landowner,
91.11 owners' association, or developer and may be sold to any subsequent landowner of the
91.12 development, provided:
91.13 ill the common open space is surveyed;
91.14 ID the common open space remains undivided and is restricted from
91.15 further development by means consistent with items D and E;
91.16 ill the landowner, owners' association, or developer is responsible for
91.17 insurance, taxes, and maintenance of all common open space, property, and facilities and
91.18 enforces covenants, restrictions, and easements; and
91.19 ID the landowner, owners' association, or developer has and administers an
91.20 approved plan for any common open space, property, and facilities.
91.21 D. Open space provided by a development must be protected to ensure perpetual
91.22 preservation and maintenance of open space by one or more of the following:
91.23 ill a recorded notice of restriction enforceable by the local government that
91.24 prohibits development for principal uses, accessory uses, parking, roadways, or dwelling
91.25 units or sites and protects buffers and other natural features of the open space;
6120.4000
91
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
92.1 ID a permanent conservation easement to a qualified conservation
92.2 organization whose principal purpose is the conservation of open space;
92.3 ill public dedication and acceptance for park, open space, civic space,
92.4 agricultural, or other specified use or uses, provided that the conveyance and form is
92.5 approved by the government entity;
92.6 J:.:!:L a permanent conservation easement created in favor of the local
92.7 government under Minnesota Statutes, chapter 84C, provided that the easement is
92.8 approved by the local government and is in a form approved by the local government
92.9 The local government, at its option, may transfer its interest in the easement to a certified
92.10 conservation organization or other public agency; or
92.11 ffi other equally effective and permanent means to ensure long-term
92.12 preservation and maintenance of open space.
92.13 E. The instruments under item D must:
92.14 ill prohibit commercial facilities;
92.15 ID prohibit vegetation and topographic alterations other than to prevent
92.16 personal injurv or property damage and for restoration efforts based on a local
92.17 government-approved plan;
92.18 ill regulate construction of impervious surfaces or facilities in accordance
92.19 with the long-term management plan;
92.20 J:.:!:L prohibit beaching of motorized watercraft when used as an unauthorized
92.21 moonng space;
92.22 ffi prohibit dumping, storage, processing, burning, burving, or landfill
92.23 of solid or other wastes;
6120.4000
92
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
93.1 @ allow the use of common open space for subsurface sewage treatment
93.2 systems if other use of the space is restricted to avoid adverse impacts on the sewage
93.3 treatment system; and
93.4 ill restrict in perpetuity the common open space from further subdivision
93.5 or land development
93.6 L The boundaries of the open space must be clearly delineated and permanently
93.7 marked. Where possible, the design must utilize vegetation, fences, topography, roads,
93.8 trails, or similar features to delineate the boundary of the common open space to minimize
93.9 potential physical encroachments into the common open space by adjacent homeowners.
93.10 G. In the event the person or entity responsible for administration of the open
93.11 space fails to comply with any standards relating to open space, the local government shall
93.12 serve written notice upon the person or entity setting forth the manner in which the person
93.13 or entity has failed to administer the open space. The notice must set forth the nature of
93.14 corrections required and a reasonable time within which to complete corrective action. If
93.15 corrective action is not completed within a reasonable time, the local government may
93.16 take all reasonable corrective action. The costs of the corrective action may be charged to
93.17 the person or entity responsible for administration of the open space.
93.18 6120.4100 CONTRODDEDACCESS DOTS AND ADTERNATIVE ACCESS DOTS.
93.19 Subpart 1. Purpose. To manage water surface crowding. reduce fish and wildlife
93.20 disturbance, prevent pollution of surface water by suspension of bottom sediments,
93.21 maintain property values, and maintain natural characteristics of shorelands.
93.22 Subp. 2. Controlled access lots. Controlled access lots, or any lot, tract, or parcel
93.23 of land, however designated or described, intended to be used to provide accesses to
93.24 public waters for owners of nonriparian lots within new subdivision developments, are
93.25 prohibited, except with a conditional use permit from the local government:
6120.4100
93
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
94.1 A. for shorelands of public water basins greater than 10,000 surface acres and
94.2 their associated major navigable rivers, provided the controlled access lot is contiguous
94.3 with a new conventional subdivision development meeting or exceeding the standards
94.4 in part 6120.3500, subpart 6; or
94.5 !.L. for those developments gaining access to island shorelands where access is
94.6 by water only.
94.7 Subp. 3. Alternative access lots. Alternative access lots, or parcels ofland that
94.8 provide access to public waters for owners of riparian lots within subdivisions, must be
94.9 used where the local government determines that direct riparian access is not feasible due
94.10 to the presence of protected vegetation, wetlands, or other critical fish or wildlife habitat
94.11 Subp. 4. Lot standards. Controlled access lots, if allowed by local governments,
94.12 and alternative access lots must meet or exceed the following standards:
94.13 A. lots must be governed by a covenant recorded on the title of every lot or
94.14 parcel ofland allowed to use the alternative access lot or controlled access lot Controlled
94.15 access lots and alternative access lots must comply with the dimensional standards in part
94.16 6120.3300, subpart 2c. Where more than six lots are served, the width of a controlled
94.17 access lot must be increased by 25 percent for each lot in excess of six;
94.18 !.L. lots must be jointly owned by all of those purchasers oflots having rights of
94.19 usage of the access lot and governed by an owners' association;
94.20 C. lots must be suitable in their natural state for the intended activities. All
94.21 facilities must be centralized and located in areas suitable for them. Evaluation of
94.22 suitability must include consideration of land slope, water depth, aquatic and shoreland
94.23 vegetation, the presence of significant fish and wildlife habitat, the presence of wetlands,
94.24 soils, depth to groundwater, and other relevant factors. Boating facilities must be located
94.25 adjacent to the deepest water available;
6120.4100
94
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
95.1 D. permitted activities include watercraft launching, loading, beaching, or
95.2 mooring or a docking area, but does not include residential or commercial uses. A boat
95.3 launching ramp with a single dock for temporary loading is permitted. No owner shall
95.4 own an individual dock. Boating facilities must be located adjacent to the deepest water
95.5 available;
95.6 E. covenants governing lots must limit the total number of vehicles allowed
95.7 to be parked and the total number of watercraft allowed to be continuously moored,
95.8 docked, or stored over water, and must require centralization of all common facilities and
95.9 activities in the most suitable locations on the lot to minimize topographic and vegetation
95.10 alterations. All parking areas, storage buildings, and other facilities must be screened
95.11 by vegetation or topography as much as practicable from view from the public water,
95.12 assuming summer, leaf-on conditions and must meet the standards in part 6120.3300. The
95.13 covenants must specify which activities, such as swimming, sunbathing, and picnicking,
95.14 are allowed on the lot These activities must not conflict with general public use of the
95.15 public water or the enjoyment of normal property rights by adjacent property owners. The
95.16 owners' association must enforce covenants;
95.17 L lots must meet or exceed the shoreland buffer standards in part 6120.3310
95.18 and have a vegetation management plan approved by the local government;
95.19 G. erosion control and storm water management must meet the standards in
95.20 part 6120.3320; and
95.21 H. facilities must be consistent with the standards in chapter 6115.
95.22 6120.4200 SHORE LAND CONSERVATION SUBDIVISIONS.
95.23 Subpart 1. Purpose. The purpose of this part is to conserve natural resources,
95.24 including those areas containing unique and sensitive natural features such as woodlands,
95.25 surface waters, steep slopes, bluffs, floodplains, and wetlands; provide greater design
95.26 flexibility and efficiency in the siting of services and infrastructure; provide for a diversity
6120.4200
95
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
96.1 of lot sizes and building densities; and create neighborhoods with amenities in the form of
96.2 recreational areas.
96.3 Subp. 2. Scope of provisions.
96.4 A. Towns and counties must adopt provisions into shoreland controls to allow
96.5 shoreland conservation subdivisions or have other equally or more effective provisions
96.6 to conserve natural areas and open space. Conservation subdivision provisions must be
96.7 consistent or more restrictive than standards in this part.
96.8 !.L. Cities must adopt provisions into shoreland controls to allow planned unit
96.9 developments. The provisions must allow planned unit developments for new projects
96.10 on undeveloped land, redevelopment of previously built sites, or conversions of existing
96.11 buildings and land. New projects on undeveloped land and conversion of existing planned
96.12 unit developments must be consistent with the standards in this part or part 6120.3500.
96.13 Subp. 3. Information requirements. Local governments and developers must
96.14 hold discussions before addressing the information requirements in items A to E so
96.15 that developers have an opportnnity to understand the review process and community
96.16 interests. Provisions for submission of adequate information by project proponents must
96.17 be included in the official controls and must be consistent with part 6120.3500, subpart
96.18 4. Local governments shall adopt provisions that require applicants for developments to
96.19 demonstrate that the design process in items A to E was used to determine the layout of
96.20 proposed streets, dwelling unit lots, and open space as shown on a site plan.
96.21 A. Step one: identify and map natural areas for conservation:
96.22 ill common open space must be identified and must be consistent with
96.23 the standards in subpart 5;
96.24 ID the suitable area for development must be identified and must consist of
96.25 land completely outside of the common open space; and
6120.4200
96
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
97.1 ill natural areas for conservation must connect with neighboring or
97.2 abutting lands as much as possible to form an interconnected, communitywide network
97.3 of natural areas or open space.
97.4 !.L. Step two: calculate the number of dwelling unit lots allowable under subpart
97.5 4 and locate the approximate sites of dwelling units or sites within the developable area.
97.6 Include the shared amenities so as to reflect an integrated community.
97.7 ~ Step three: align the streets and trails. Align streets to access the dwelling
97.8 units or sites. New roads and trails must be laid out to create/internal and external
97.9 connections to existing or potential future streets, sidew;;tlkswand trails. Where possible,
97.10 streets and trails must help to serve as delineators Qfthe commOtlQpen space.
97.11 D. Step four: draw in the lot lines.
97.12 ~ Step five: identify on a design plan map all parts of the project parcel to be
97.13 permanently protected as part of the common open space.
97.14 Subp. 4. Dwelling unit or site density evaluation and calculation.
97.15 A Proposed new develOpments or expansions to existing developments must be
97.16 evaluated using prQcedures anQstandards at least as restrictive as those in items B to D.
97.17 B. The project parcel/must be divided into two tiers. The first tier is the
97.18 shoreward area created by locating a line approximately parallel at the following distance
97.19 to a line that identifies the ordinary high water level:
97.20 Shoreland first tier Feet from ordinary high water level
97.21 General development lakes 200
97.22 Recreational development lakes 267
97.23 Natural environment lakes 400
97.24 All river classes 300
97.25 The second tier is all the remaining area in the parcel outside the first tier.
6120.4200
97
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
98.1 C. The suitable area within each tier is next calculated. The suitable area is then
98.2 subjected to the development density calculation steps to arrive at an allowable number
98.3 of dwelling units or sites.
98.4 D. The density calculation for developments is as follows:
98.5 ill the number of dwelling units or sites allowable in each tier is calculated
98.6 by dividing the suitable area in square feet within each tier by the density factor, based
98.7 on shoreland class and selected structure setback from the ordinary high water level,
98.8 from the following table:
98.9
98.10
98.11
98.12
98.13
98.14
98.15
98.16
98.17
98.18
98.19
98.20
98.21
98.22
98.23
98.24
98.25
98.26
Class
Wild river
Scenic river
Recreational river and cold
water river
Natural environment lake
and river
Recreational development
General development lake
and river
First tier
structure setback (ft) - shore
impact zone (ft) - density factor
200 - 100 - 217,800 or
250 - 125 - 174,240
200 - 100 - 130,680 or
250 - 125 - 87,120
200 - 100 - 72,000 or
250 - 125 - 67,500
150 - 75 - 68,000 or
200 - 100 - 64,000 or
250 - 125 - 60,000
100 - 50 - 34,000 or
150 - 75 - 32,000 or
200 - 100 - 30,000
75 - 50 - 27,000 or
100 - 50 - 24,000 or
150 - 75 - 22,500
Second tier
density factor
174,240
87,120
67,500
60,000
30,000
22,500
98.27 ID for tier density calculations that result in fractional units or sites,
98.28 the fractional number shall be rounded to the nearest whole number, except the local
98.29 government may allow second tier density calculation fractional numbers to be rounded
98.30 up for projects that exceed the design criteria in subparts 5 and 6; and
6120.4200
98
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
99.1 Ql allowable densities may be transferred from the first tier to the second
99.2 tier, but not the reverse. Structures that straddle the tier boundary must be rated as part
99.3 of the first tier.
99.4 Subp. 5. Development design criteria. The design of all developments within
99.5 shorelands must comply with items A to D.
99.6 A All developments must contain at least three dwelling units or sites and at
99.7 least three contiguous acres of suitable area with a lot width of 400 feet
99.8 B. Developments must contain open space meeting all of the following criteria:
99.9 ill at least 50 percent of the total project area must be preserved as
99.10 common open space. Common open space must include the shore impact zone, any areas
99.11 with physical characteristics unsuitable for development in their natural state, and any
99.12 areas containing significant historic sites or unplatted cemeteries. At least 75 percent of the
99.13 required common open space must consist of uplands. At least 50 percent of the required
99.14 common open space must be retained in a contiguous area. To the maximum reasonable
99.15 extent, all common open space must be part of a larger continuous and integrated open
99.16 space system within the parcel being developed and maximize common boundaries with
99.17 existing or future common open space on adjacent lands;
99.18 ID the lots or land area for all dwelling units or sites, the area between
99.19 buildings within an individual cluster of buildings, an area of25 feet around each structure,
99.20 road rights-of-way, and land covered by impervious surfaces, road surfaces, parking areas,
99.21 or structures must not be included in the computation of common open space;
99.22 Ql a shoreland vegetation buffer plan meeting the standards in part
99.23 6120.3310 must be designed and implemented;
99.24 J:.:!l the development may include outdoor recreational facilities for use by
99.25 owners of the dwelling units or sites or the public;
6120.4200
99
DNR DRAFT
100.1
100.2
100.3
100.4
100.5
100.6
100.7
100.8
100.9
100.10
100.11
100.12
100.13
100.14
100.15
100.16
100.17
100.18
100.19
100.20
100.21
100.22
100.23
100.24
100.25
100.26
07/06/10
CKM/JK
REVISOR
RD3879
ffi the shore and bluff impact zones, based on structure setbacks, must be
included as common open space. Developments must meet or exceed the buffer standards
in part 6120.3310;
J:2L there must be at least one access corridor to the shore impact zone
common open space for use by all members of the owners' association or the general
public. The minimum width of an access corridor is 50 feet Access corridors must be in
upland areas;
ill common open space must not include commercial facilities;
J]l the appearance of common open space areas and the function of the
natural features, including topography, vegetation, natural habitat, riparian buffers,
scenic characteristics, and allowable uses, must be preserved by permanent conservation
easements, public dedication and acceptance, or other equally effective and permanent
means consistent with the standards in part 6120.4000; and
J:2l common open space may include subsurface sewage treatment systems
if the use of the space is restricted to avoid adverse impacts on the systems.
~ Centralization and design of facilities and structures must be done according
to the following standards:
ill developments must be connected to publicly owned water supply
and sewer systems, if available. On-site water supply and sewage treatment systems
must be designed and installed to meet or exceed applicable standards or rules of the
Minnesota Department of Health and the Minnesota Pollution Control Agency. On-site
sewage treatment systems must be located on the most suitable areas of the development
Sufficient area free of limiting factors must be provided for a replacement standard soil
treatment system for each sewage system. Developments must establish dedicated areas
for individual sewage treatment systems or establish centralized water supply and sewage
treatment systems to serve the entire subdivision;
6120.4200
100
DNR DRAFT
101.1
1012
1013
1014
1015
101.6
1017
1018
101.9
10 1.1 0
101.11
10 1.12
101.13
10 1.14
10 1.15
10 1.16
10 1.1 7
10 1.18
10 1.19
10120
10121
10122
10123
10124
10125
10126
07/06/10
CKM/JK
REVISOR
RD3879
ID dwelling units or sites must be clustered into one or more groups and
located on suitable areas of the development The site design must give preference to use
of narrower street pavement widths than conventional subdivisions, looped roadways,
reduced use of cul-de-sacs, use of pervious surfaces, reduced road setbacks for house
fronts, and preservation of trees, unique resources, and scenic vistas;
Ql for each tier, the average dwelling unit or site lot size must not exceed
20,000 square feet The dwelling unit or site lots shall not extend into the shore impact
zone;
J:.:!l height of structures and facilities must meet or exceed the standards in
part 6120.3300, subpart 3;
ffi placement of structures must meet or exceed the selected structure
setback from the ordinary high water level and a notice of setback restriction must be
recorded with the office of the county recorder or office of the county registrar of titles in
the county in which the parcel is located;
J:2L swimming areas, watercraft mooring areas, launching ramps, and
other shore recreation facilities must be clustered or grouped in areas most suitable and
consistent with the shoreline buffer standards in part 6120.3310. Evaluation of suitability
must include consideration ofland slope, water depth, shoreland and aquatic vegetation,
soils, depth to groundwater and bedrock, and other relevant factors. If the waterbody does
not have a public access boat launching facility, launching ramp facilities, including a
small dock for loading and unloading equipment, may be provided for use by occupants
of dwelling units or sites, and vehicles and watercraft must meet or exceed the structure
setback. Facilities must meet or exceed the standards in chapter 6115;
ill structures, parking areas, and other facilities must meet or exceed
the structure setbacks and must be treated to reduce visibility as viewed from public
waters and adjacent shorelands by using vegetation, topography, increased setbacks, color,
61204200
101
DNR DRAFT
102.1
1022
1023
102.4
102.5
102.6
102.7
1028
102.9
102.10
102.11
102.12
102.13
102.14
102.15
102.16
102.17
102.18
102.19
102.20
102.21
102.22
102.23
102.24
07/06/10
CKM/JK
REVISOR
RD3879
or other means acceptable to the local unit of government, assuming summer, leaf-on
conditions; and
ID accessory structures and facilities are allowed if they meet or exceed
standards in part 6120.3300, subpart 3, item F, and are centralized.
D. Erosion control and storm water management for developments must meet or
exceed the standards in part 6120.3320. Erosion control and storm water management must
be designed by personnel certified in erosion and sediment control or a Minnesota-licensed
professional engineer using the best management practices found in the latest Minnesota
Stormwater Manual, approved by the local government, and effectively implemented.
Subp. 6. Administration and maintenance requirements. Before final approval
of all developments, local governments must ensure adequate provisions have been
developed for preservation and maintenance in perpetuity of common open spaces and
for the continued existence and functioning of the development as a community. Local
governments may assess fees to monitor and enforce terms and conditions of any common
open space goveming instruments, such as conservation easements. The local government
shoreland controls for common open space preservation and administration must be
consistent with part 6120.4000 and must require that:
A. shoreland vegetation, common open space, storm water facilities, trails,
and open space facilities be preserved, restored, and maintained according to a local
government-approved plan. The loss of vegetation must be replaced in kind; and
!.L. the association have a land stewardship plan for common open space areas
greater or equal to ten acres specifically focusing on the long-term management of these
open space lands.
6120.4300 RESORTS.
6120.4300
102
DNR DRAFT
103.1
103.2
1033
103.4
103.5
103.6
103.7
1038
1039
103.10
103.11
103.12
103.13
103.14
103.15
103.16
103.17
103.18
103.19
103.20
103.21
103.22
103.23
103.24
07/06/10
CKM/JK
REVISOR
RD3879
Subpart 1. Purpose. The purpose of this part is to give flexibility in structure
replacement, consistent with Minnesota Statutes, section 103F.227, and in resort
development and redevelopment due to the unique economic and cultural value that
resorts provide and to improve rainwater management and promote natural shorelines in
these developments.
Subp. 2. Mixed-use common interest communities or planned unit developments.
Licensed commercial establishments existing before the effective date of this part that
function similar to a resort, but are inconsistent with the resort definition, must be allowed
by local governments where otherwise permitted. Local jl;overnments may allow existing
commercial establishments with common interest communities that allow residential use
within the establishment to replace or expand, provided at least five dwelling units are
held out to the public for transient use and the following standards are met or exceeded:
A. rental structures held out to the public for transient use may be replaced
consistent with subpart 5;
B. expansions of units, sites, structures, and parcel size must be consistent
with planned unit development standards in part 6120.3500 and other standards in this
chapter, except local governments may allow these establishments to expand their rental
properties held out to the public for transient use by acquisition of adjoining properties or
nearby neighboring properties consistent with subpart 7, provided that when they cease to
function as rental properties held out to the public for transient use that these parcels must
be redeveloped to meet or exceed the standards in subpart 11; and
~ the administration requirements for documenting rental structure use must
meet or exceed the standards in subpart 12.
Subp. 3. Residential use in resorts.
6120.4300
103
DNR DRAFT
104.1
104.2
104.3
104.4
104.5
104.6
104.7
104.8
104.9
104.10
104.11
104.12
104.13
104.14
104.15
104.16
104.17
104.18
104.19
104.20
104.21
104.22
104.23
104.24
104.25
104.26
07/06/10
CKM/JK
REVISOR
RD3879
A Residential use in resorts is prohibited, except for the residences of service
providers. All dwelling units or sites must be held out to the public for transient use
and must be included in the rental pooL
!.L For resorts operating as a traditional family owned resort or when the licensee
owns the entire resort, seasonal use of dwelling sites are allowed from April 1 to November
1, and no residential use is allowed in recreational vehicles, travel trailers, park trailers,
camper trailers, mobile homes, or manufactured homes on dwelling sites. Dwelling units
must be used for transient use, and extended stays for transient use are allowed.
~ For resorts not operating as a traditional family owned resort or when the
licensee does not own the entire resort, transient rental income must exceed income from
association, cooperative, or other unit owner fees and:
ill whole ownership, where one or more parties own a dwelling unit or site
within a resort, must require that each owner be prohibited from occupying the unit or site
for more than six weeks within the period from May 1 to October 31 or November 1 to
April 30, whichever is the prime rental time period. No owner may occupy the unit or site
for more than 14 continuous days. A notice of occupancy restriction must be recorded
with the office of the county recorder or office of the county registrar of titles or accepted
by covenant and ownership agreement; and
ID fractional ownership properties or similar properties must have
proprietary leases or covenants that limit personal use. Fractional ownership units and
sites must be available for rent for at least 140 days within the period from May 1 to
October 31 or November 1 to April 30, whichever is the prime rental time period. No
owner may occupy the unit or site for more than 14 continuous days.
D. Resorts that cease to function consistent with the resort definition and fail
to meet the standards under this subpart must convert to residential properties consistent
with the standards in subpart 11.
6120.4300
104
DNR DRAFT
105.1
105.2
105.3
105.4
105.5
105.6
105.7
105.8
105.9
105.10
105.11
105.12
105.13
105.14
105.15
105.16
105.17
105.18
105.19
105.20
105.21
105.22
105.23
07/06/10
CKM/JK
REVISOR
RD3879
Subp. 4. New resorts. Local governments shall require conditional use permits for
the development of new commercial establishments to be operated consistent with the
resort definition in part 6120.2850, and all of the standards in items A to H must be met
A The project must not be within designated wild, scenic, or recreational
river shorelands.
B. The development density evaluation steps in subpart 10 must be followed.
c. Structure setbacks and maximum height must meet the standards in part
6120.3300.
D. Erosion control and storm water management for the development must meet
the standards in part 6120.3320.
!.h.. Resorts must be designed and managed such that there are no garages
associated with dwelling units or sites, limited parking adjacent to dwelling units, or
similar amenities that would encourage long-term residential use, except by service
providers.
F. Mobile home and recreation vehicle spacing must meet the standards in
part 4630.0400.
G. All requirements in part 6120.3500 must be met
H. Development must meet the design criteria in part 6120.4200, subpart 5,
with the following exceptions:
ill an establishment must consist of five or more dwelling units on a
contiguous parcel;
ID shoreline recreation facilities must comply with subpart 9; and
Ql common open space may include commercial facilities.
6120.4300
105
DNR DRAFT
106.1
106.2
106.3
106.4
106.5
106.6
106.7
106.8
106.9
106.10
106.11
106.12
106.13
106.14
106.15
106.16
106.17
106.18
106.19
106.20
106.21
106.22
106.23
106.24
106.25
07/06/10
CKM/JK
REVISOR
RD3879
Subp. 5. Structnre replacement within a resort. Local governments must allow
resorts to maintain and replace their structures, without regard to available density, so long
as the establishment continues to operate as a resort and all the standards in items A
to D are met
A Structures, including lodges, not meeting the minimum structure setback
from the ordinary high water level in part 6120.3300 must not be replaced any closer to
any water body than the existing structure. Replacement structures must meet elevation
and maximum height requirements for the relevant shoreland classification, except
replacement structures within the shore impact zone must only be replaced with structures
with the same height or a maximum of 25 feet in height of structure, whichever is greater.
There must be no increase in structure footprint area, except as follows:
ill an increase in the structure footprint area is permitted to minimally
meet federal, state, or local dwelling standards or codes, provided there is no increase in
structure footprint waterward and no increase in structure width as measured parallel to
shore. To minimally meet sllch standards or codes means that the replacement structure
does not add new architectural elements such as more bedrooms than the original
structure; and
ID a struc.ture ..within the first tier that is moved or replaced outside the
shore impact zone and landWard to the maximum extent feasible within the tier with regard
to wetlands, bluffs, land below the ordinary high water level of public waters, roads, and
sewage treatment systems, is permitted an increase in the structure footprint to minimally
meet federal, state, or local dwelling standards or codes, provided there is no increase in
structure footprint waterward and no increase in structure width as measured parallel to
shore. To minimally meet such standards or codes means that the replacement structure
does not add new architectural elements such as more bedrooms than the original structure.
6120.4300
106
DNR DRAFT
1071
1072
1073
107.4
107.5
107.6
1077
1078
1079
107.10
107.11
107.12
107.13
107.14
10715
107.16
107.17
107.18
107.19
107.20
107.21
107.22
107.23
107.24
10725
07/06/10
CKM/JK
REVISOR
RD3879
B. A structure within the first tier that is moved or replaced and that meets the
minimum structure setback from the ordinary high water level requirement is permitted a
larger building footprint if it conforms with the allowable total land surface area that can
be covered by structures in each tier as calculated in subpart 10.
~ Erosion control and storm water management for redevelopments must meet
the standards in part 6120.3320. Storm water runoff from the replacement structures
and associated impervious surfaces created must be specifically mitigated using best
management practices that may include filter strips, infiltration basins, rain gardens, and
other conservation designs. Best management practices must be designed and installed in
accordance with the latest Minnesota Storm water Manual.
D. The local government must require the resort to have an approved storm
water and buffer plan that is effectively implemented or require that a specified area within
the establishment be restored and maintained in a natural state to the following standards:
ill for establishments with less than 50 percent of shore impact zone
currently in a natural state, at least ten percent of the shore impact zone and shoreline must
be restored to its natural state or, alternatively, in front of each replacement structure for
its entirety, a buffer strip consisting of native vegetation of trees, shrubs, or understory
plants extending from the shoreline landward 35 feet must be created according to a
plan approved by the local government; and
ID for establishments with at least 50 percent of the shore impact zone
currently in a natural state, this condition must be preserved and maintained according to a
plan approved by the local government
Subp. 6. Resort structure expansion. Expansions of units and sites must be allowed
as a permitted use so long as the establishment continues to operate as a resort, unless
the local government has specified conditions for a resort. For resorts without an existing
6120.4300
107
DNR DRAFT
108.1
108.2
108.3
108.4
108.5
108.6
108.7
108.8
108.9
108.10
108.11
108.12
108.13
108.14
108.15
108.16
108.17
108.18
108.19
108.20
108.21
108.22
108.23
108.24
108.25
07/06/10
CKM/JK
REVISOR
RD3879
conditional use permit that limits density, expansions of 12 or more dwelling sites require
a conditional use permit Expansions must meet all of the standards in items A to G.
A Additional density as calculated in subpart 10 must be available, and the
expansion must not result in exceeding the authorized density.
!.L. Structure setbacks and maximum heights must meet the standards in part
6120.3300, subpart 3.
~ Expansions must be designed and managed such that there are no garages
associated with dwelling units or sites or similar amenities that would encourage long-term
residential use, except by service providers.
D. On-site water supply and sewage tr@atment systems must be designed and
installed to meet or exceed the standards in part6120J3400 and applicable standards or
rules of the Minnesota Department ofH@aJtbaud the Minnesota Pollution Control Agency.
~ Mobile home and rt;9rt;ation 'Ii@h~cle spacing must meet the standards in
part 4630.0400.
L Erosion control and storm water management for developments must meet
the standards in part 6120.3320. Storm water runoff from the expansion structures
and associated impervious surfaces created must be specifically mitigated using best
management practices that may include filter strips, infiltration basins, rain gardens, and
other conservation designs. Best management practices must be designed and installed in
accordance with the latest Minnesota Storm water Manual.
G. The local government must require the resort to have an approved storm
water and buffer plan that is effectively implemented or require that a specified area within
the establishment be restored and maintained in a natural state to the following standards:
ill for establishments with less than 50 percent of shore impact zone
currently in a natural state, at least ten percent of the shore impact zone and shoreline must
6120.4300
108
DNR DRAFT
109.1
1092
109.3
109.4
109.5
109.6
109.7
109.8
109.9
109.10
109.11
109.12
109.13
109.14
109.15
109.16
109.17
109.18
109.19
109.20
109.21
109.22
109.23
109.24
10925
07/06/10
CKM/JK
REVISOR
RD3879
be restored to its natural state or, alternatively, in front of each new or expanded structure
for its entirety, a buffer strip consisting of native vegetation of trees, shrubs, or understory
plants extending from the shoreline landward 35 feet must be created according to a
plan approved by the local government; and
ID for establishments with at least 50 percent of the shore impact zone
currently in a natural state, this condition shall be preserved and maintained according to a
plan approved by the local government
H. The establishment is not located in a designatoed\vild, scenic, or recreational
river shoreland.
Subp. 7. Resort parcel expansion. Local governments must allow resorts to
increase the size of the commercial establishment by acquisition of adjoining properties or
nearby neighboring properties, provided the use is permitted in the zoning district The
standards in items A and B must be met
A Development density evaluation steps in subpart 10 must be followed. When
density and impervious surface coverage reduction is necessary, the reduction must be
accomplished in an orderly and timely phased process according to a plan approved by the
local government
!.L Expansions mllst comply with subpart 6, items B to H.
Subp. 8. Recreational vehicles, travel trailers, and camper trailers. Dwelling
sites for recreational camping areas within resorts must meet or exceed the standards in
chapter 4630.
Subp. 9. Shoreline recreation facilities for resorts. Swimming areas, docks and
watercraft mooring areas, launching ramps, and other shoreline recreation facilities must
be clustered or grouped in areas most suitable. Evaluation of suitability and feasibility
must include determination of reasonable areas for facilities based on land slope, water
6120.4300
109
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
110.1 depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, distance
110.2 from dwelling units or sites, and other relevant factors. Launching ramp facilities,
110.3 including a small dock for loading and unloading equipment, may be provided for use
110.4 by lodgers or the public. Nonlodger vehicles must be parked so they are screened by
110.5 vegetation or topography as much as practical from view from the public water. Parking
110.6 areas must meet structure setback standards. All shoreline facilities must also comply
110.7 with chapter 6115.
110.8 Subp. 10. Resort development density evaluation steps. The density evaluation
110.9 steps for resort developments are:
110.10 A the tract ofland occupied by the establishment must be divided into two
110.11 tiers. The first tier is the shoreward area created by locating a line approximately parallel
110.12 at the following distance to a line that identifies the ordinary high water level:
110.13 Shoreland first tier Feet from ordinary high water level
110.14 General development lakes 200
110.15 Recreational development lakes 267
110.16 Natural environment lakes 400
110.17 All river classes 300
110.18 The second tier is alllhy remaining area in the parcel outside the first tier and within the
110.19 shoreland overlay district;
110.20 !.L select the appropriate ratio to determine the land surface area that may be
110.21 covered by structures from the following table:
110.22 Public water classes* First Tier Second Tier
110.23 General development 0.125 0.075
110.24 Recreational development 0.075 0.075
110.25 Natural environment 0.038 0.038
110.26 Cold water river 0.038 0.038
110.27 Recreational river 0.038 0.038
6120.4300
110
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
1ll.1
1ll.2
Scenic river
Wild river
0.038
0.038
0.038
0.038
1ll.3 * - for resorts in existence within areas subject to reclassification or special protection
1ll.4 shoreland overlay districts consistent with part 6120.3050 or 6120.3250, the ratio is that of
1ll.5 the original classification or the initial shoreland overlay district for the lake or river;
1ll.6 ~ multiply the area within each tier, excluding all wetlands, bluffs, and land
1ll.7 below the ordinary high water level of public waters, by the ratio to yield the total land
1ll.8 surface area that may be covered by structures in each tier. For recreational campgrounds,
1ll.9 dwelling sites must be assessed as follows:
11110 ill each existing tent camping site in a recreational camping area must be
1ll.11 minimally assessed 400 square feet;
1ll.12 ID each existing manufactured dwelling, mobile home, recreational
1ll.13 vehicle, or camper trailer site must be assessed by determining the land surface area
1ll.14 covered by the structure and any accessory structures, and ifunknown, minimally assessed
11115 1,000 square feet; and
1ll.16 ill any new dwelling site must be minimally assessed 1,000 square feet
1ll.17 when in the first tier and 750 square feet when in the second tier; and
11118 D. allowable densities may be transferred from the first tier to the second tier,
1ll.19 but not the reverse.
1ll.20 Subp. 11. Conversions. All resorts that cease to exist or cease to function as a
1ll.21 resort must redevelop to meet or exceed the standards in this subpart. Local governments
1ll.22 must allow existing resorts to be converted to planned unit developments or residential
111.23 developments and all of the standards in items A to E must be met
1ll.24 A. For conversions to residential lots, all inconsistencies between existing
11125 features of the development and the standards in part 6120.3300 must be identified and
6120.4300
111
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
112.1 corrected, except the local government may allow deficiencies in buildable areas or
112.2 suitable areas to be addressed using mitigation consistent with part 6120.2950, subpart 6.
1123 !.L. For conversions to shoreland conservation subdivisions, all inconsistencies
112.4 between existing features of the development and the shoreland conservation subdivision
112.5 standards in part 6120.4200 must be identified and corrected.
112.6 ~ For conversions to planned unit developments, all inconsistencies between
112.7 existing features of the development and the planned unit development requirements in
112.8 part 6120.3500, subpart 6, item B, must be identified and corrected.
112.9 D. Deficiencies involving water supply and sewage treatment, impervious
112.10 coverage, common open space, and shore recreatior( facilities mustbe corrected as part
112.11 of the conversion.
112.12 ~ Shore and bluff impact zone deficiencies must be corrected as part of the
112.13 conversion. When applicable, corrections must include:
112.14 ill removal of extraneous structures, docks, boat launching areas and
112.15 ramps, or other facilities located in shore or bluff impact zones to comply with all the
112.16 standards for a new residential or planned unit development including setbacks and
112.17 shoreland alterations and restorations; and
112.18 ID remedial measures to correct erosion sites and improve vegetative
112.19 cover and screening of buildings and other facilities as viewed from the water to meet
112.20 shoreland vegetation buffer standards in part 6120.3310.
112.21 Subp. 12. Administration and maintenance requirements.
112.22 A. Shoreland vegetation must be preserved, restored, and maintained according
112.23 to the approved shoreland vegetation plan. The loss of vegetation in restoration sites
112.24 must be replaced.
6120.4300
112
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
113.1 B. Provisions for determination of the development as a resort or commercial
113.2 establishment must be adopted in local controls. Control provisions may include
1133 requirements for filing annual reports detailing the use of the facility and all dwelling
113.4 units, by separately breaking out personal use and rental use on a dwelling unit or site
113.5 basis, and may require submission of restrictions on personal use within the establishment
113.6 and proportion of income from transient rental as an informational requirement
113.7 C. No covenants or restrictions for fractional ownership properties may be
113.8 created or modified without the local government's determination that the instruments or
1139 proposed changes to such instruments fully comply with the definition of a resort and the
113.10 requirements of this part. Provisions that require resorts to inform investors of potential
113.11 risks must be adopted in local controls. A notice of fractional ownership restriction must
113.12 be recorded with the office of the county recorder or office of the county registrar of
113.13 titles in the county in which the resort parcel is located, including notice that dwelling
113.14 units or sites may be required to be moved in compliance with subpart 11 should the
113.15 resort cease to exist
113.16 6120.4400 PUBLIC VALUES-DRIVEN COLLABORATIVE SUBDIVISION
113.17 TRACK
113.18 Subpart 1. PurpQ$e. This part gives flexibility to local governments to work
113.19 with landowners and developers to maximize the public value of private development
113.20 in situations where traditional approaches to development alone may not result in
113.21 the conservation of natural resource and economic values. The purpose is to achieve
113.22 outcomes where the development proposes and will provide additional tangible public
113.23 benefits and advanced environmental and natural resource protections. This part allows
113.24 local governments with adequate capacity and resources greater flexibility to achieve
113.25 outcomes consistent with the intent of the minimum standards for planned unit and resort
113.26 developments in part 6120.3500, subpart 6, and the purposes of Minnesota Statutes,
6120.4400
113
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
114.1 chapter 103A, and Minnesota Statutes, sections 103F.201 to 103F.227. This part is not
114.2 applicable in designated wild, scenic, or recreational river shorelands.
114.3 Subp. 2. Criteria. With approval from the commissioner under part 6120.2950,
114.4 subpart 11, the local government may negotiate and collaborate with the applicant on
114.5 various development options via an established review and approval process. The local
114.6 government:
114.7 A must establish public values. The local government must establish
114.8 development goals, desired outcomes, and a list of public values being strived for within
114.9 this process;
114.10 !.L. must identify critical or sensitive natural resources for each project based on
114.11 information standards consistent with part 6120.3500, subpart 4;
114.12 ~ may establish a consolidated review committee to process applications and
114.13 plans for proposed development projects. The committee may include local government
114.14 staff and representatives from state and local natural resource management agencies,
114.15 professional associations, and watershed organizations. The consolidated review
114.16 committee may invite other technical experts to participate, as they deem necessary.
114.17 The local government shall establish and publish policies governing the consolidated
114.18 review committee on issues of timely review, negotiation, judgment, and reporting on
114.19 development proposals. The process must be transparent and open to the public;
114.20 D. must meet with the project's adjacent property owners and neighborhood
114.21 representatives prior to an initial application submission to solicit input and exchange
114.22 information about the proposed development;
114.23 !.h.. must have provisions requiring the determination of potential development
114.24 designs that are consistent with the other planned unit development options in part
114.25 6120.3500, subpart 6. Open space, density, and other important features' differences
114.26 must be documented; and
6120.4400
114
DNR DRAFT
07/06/10
REVISOR
CKM/JK
RD3879
115.1 F. must discuss and seek agreement with the developer on alternative
115.2 development proposals that may better meet the purposes of shoreland standards, the local
115.3 comprehensive land use plan, and the established public values in item A. Negotiations
115.4 must be based on development principles that define specific public values that are
115.5 consistent with the local comprehensive land use plan and intent of parts 6120.2600 to
115.6 6120.4400. At any point in the negotiation, the local government or the developer may
115.7 break off the negotiation and revert to the traditional zoning ordinance approach. The
115.8 local government must explain to the public the rationale for the chosen development
115.9 proposaL The negotiated result, documented in a developm!.\nt agreement, must meet or
115.10 exceed the intent of the planned unit development standards ll:\part 6120.3500, subpart 6,
115.11 or the resort standards in part 6120.4300.
115.12 TERM CHANGE. The terms "ordinary high water mark" and "normal high water mark"
115.13 are replaced with the term "ordinary high water level" wherever they appear in Minnesota
115.14 Rules, chapter 6105.
115.15 REPEALER. Minnesota Rules, parts 6105.0010; 6105.0020; 6105.0030; 6105.0040;
115.16 6105.0050; 6105.0060; 6105.0070; 6105.0080; 6105.0090; 6105.0100; 6105.0110;
115.17 6105.0120; 6105.0130; 6105.0140; 6105.0150; 6105.0160; 6105.0170; 6105.0180;
115.18 6105.0190; 6105.0200; 6105.0210; 6105.0220; 6105.0230; 6105.0240; 6105.0250;
115.19 6105.1580; 6120.2500, subparts 1, la, Ib, Ie, 2, 3, 3a, 3b, 3c, 5, 6a, 6b, 6c, 6d, 6e, 6f, 6g,
115.20 7, 7a, 7b, 7c, 8, 9, 10, 11, 12, 13, 13a, 13b, 13c, 14, 14a, 14b, 14c, 15, 15a, 15b, 16, 17, 18a,
115.21 18b, 18c, 19,20, and 21; 6120.2800, subparts la and 3; 6120.3000; 6120.3100; 6120.3200;
115.22 6120.3300, subparts 2a, 2b, 4, 5, 7, 8, 9, and 11; 6120.3400, subpart 2; 6120.3500, subparts
115.23 1,2, and 5; 6120.3800; and 6120.3900, subparts 1,3, 3a, 4, 4a, 5, and 6, are repealed.
6120.4400
115
DNR DRAFT
Agenda Item 6.b.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Renewable Energy Ordinance
July 14, 2011 for the July 18 ENR Commission Meeting
INTRODUCTION
The city adopted an energy efficiency and conservation strategy in December 2009. The
strategy was required as part of the city's energy efficiency conservation block grant. One
purpose for the strategy is to help establish policies and priorities to move Maplewood in the
direction of improved long-term operational energy efficiency.
I mplementation of the strategy includes the adoption of energy policies that will ensure
achievement of the city's energy goals. The renewable energy ordinance, which will assist in
the promotion of renewable energy sources throughout the city, will help Maplewood meet that
goal.
BACKGROUND
The Environmental and Natural Resources (ENR) Commission recommended approval of the
renewable energy ordinance on June 20, 2011.
DISCUSSION
During the June 20 review of the ordinance by the ENR Commission, the Commission
requested the following changes:
. Allow wind turbines in residential zoning districts with neighborhood consent.
. Require that all commercial wind turbines requiring a CUP come before the ENR
Commission in addition to the Planning Commission and City Council.
. Placement of wind turbines should be clarified for commercial turbines, some
businesses might not have a rear or side yard.
. Minimum setback for a wind turbine to residential should be the height of the turbine plus
25 feet.
. Colors allowed on wind turbines should have the minimal impacts on birds and bats.
. Commercial wind turbines should be equipped with a shut off mechanism during high
bird migration periods.
These changes have been made to the renewable energy ordinance (Attachment 1).
RECOMMENDATION
Review and approve the changes to the renewable energy ordinance (Attachment 1). The
ordinance is scheduled for review by the City Council for a first reading in August.
Attachment: Draft Renewable Energy Ordinance
Attachment 1
ORDINANCE NO. XXX
DRAFT 10 (July 18, 2011)
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal)
Chanqes made bv the ENR Commission durinq the June 20, 2011, Commission
meetinq are underlined if added and stricken if deleted.
The Maplewood City Council approves the following addition to the Maplewood Code of
Ordinances. This ordinance creates a new renewable energy ordinance which will be placed in
the Environment Chapter (Chapter 18) of the city code.
Section 1. Scope.
This ordinance applies to the regulations of on-site renewable energy systems within the City of
Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar photovoltaic
systems, and geothermal ground-source heat pumps which are located on the site for which the
generation of energy will be used, with excess energy distributed into the electrical grid.
Section 2. Purpose and Intent.
It is the goal of the city to provide a sustainable quality of life for the city's residents, making
careful and effective use of available natural resources to maintain and enhance this quality of
life. Cities are enabled to regulate land use under Minnesota Statutes 394 and 462 for the
purpose of "promoting the health, safety, morals, and general welfare of the community."
As part of this regulatory power, Maplewood believes it is in the public interest to encourage
renewable energy systems that have a positive impact in energy conservation, with limited
adverse impact on the community. While Maplewood strongly encourages increased energy
conservation and improved energy efficiency, the city also finds that increased use of
appropriate renewable energy systems will be an important part of improving urban
sustainability.
The renewable energy regulations are intended to supplement existing zoning ordinances and
land use practices, and ensure these systems are appropriately designed, sited and installed.
These regulations are in place to balance the need to improve energy sustainability through
increased use of renewable energy systems with concerns for preservation of public health,
welfare, and safety, as well as environmental quality, visual and aesthetic values, and existing
neighborhood social and ecological stability. With these regulations, Maplewood is concerned
that renewable energy systems, particularly wind energy systems, be designed to minimize the
negative impacts on bird and bat species which are vulnerable to mortality from these energy
gathering machines.
1
Section 3. Wind Energy Sources and Systems
a. Definitions, Wind Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
Feeder Line. Any power line that carries electrical power from one or more wind
turbines or individual transformers associated with an individual wind turbine to the point
of interconnection with the electric power grid. In the case of interconnection with the
high voltage transmission systems the point of interconnection shall be the substation
serving the WECS.
Front Yard. A front yard is any part of a yard located between a structure and a street
right-of-way line. A corner lot shall have a front yard on each street frontage.
Ground mounted WECS. Freestanding WECS mounted to the ground with footings or
other apparatus.
Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating
capacity. The energy must be used on-site with excess energy distributed into the
electrical grid.
Property Line. The boundary line of the area over which the entity applying for WECS
permit has legal control for the purposes of installation of a WECS. This control may be
attained through fee title ownership, easement, or other appropriate contractual
relationship between the project developer and landowner.
Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard.
Roof Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure.
Side Yard. A side yard is any yard between any part of a structure and the side property
line.
Significant Tree. Significant Tree means a healthy tree measuring a minimum of six (6)
inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for
coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree,
and specimen tree of any species twenty-eight (28) inches in diameter or greater as
defined herein. Buckthorn or others noxious woody plants as determined by the city not
considered a significant tree species at any diameter.
Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The
energy must be used on-site with excess energy distributed into the electrical grid
Tower. Vertical structures that support the electrical generator, rotor, and blades, or the
meteorological equipment.
Tower Height. The total height of the WECS, including tower, rotor, and blade to its
highest point of travel.
2
Wind Energy. Kinetic energy present in wind motion that can be converted into electrical
energy.
WECS. A Wind Energy Conversion System which is an electrical generating facility
comprised of one or more wind turbines and accessory facilities, including but not limited
to, power lines, transformers, substations and metrological towers that operate by
converting the kinetic energy of wind into electrical energy. The energy must be used on-
site with excess energy distributed into the electrical grid.
Wind Energy System. An electrical generating facility that consists of a wind turbine
associated controls and may include a tower.
Wind Turbine. A wind turbine is any piece of electrical generating equipment that
converts the kinetic energy of blowing wind into electrical energy through the use of
airfoils or similar devices to capture the wind.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning code.
b. WECS Districts
1. Large WECS Districts.
(a) Ground and Roof Mounted Large WECS shall be allowed with approval of
a conditional use permit as outlined in section d (conditional use permit
procedure) in the following zoning districts and land use designations:
(1) In all properties located in commercial zoning districts (Heavy
Manufacturing, Light Manufacturing, Business Commercial,
Business Commercial Modified, Limited Business Commercial,
Commercial Office, Neighborhood Commercial, Shopping Center).
(2) In all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and Multiple Dwelling
Residential Townhouse) for purposes of shared WECS energy
production among the residential dwelling units.
(3L In all properties approved as a planned unit development for
purposes of shared WECS energy production among the
businesses/organizations, residential dwelling units, or adjoining
businesses/organizations/residential dwelling units.
(4) In all properties guided as Government or Institutional in the city's
Land Use Designations of the Comprehensive Plan.
(b) Ground and Roof Mounted Large WECS shall be prohibited in all
properties guided as park or open space in the city's Land Use
Designations of the Comprehensive Plan.
3
2. Small WECS Districts.
(a) Roof Mounted Small WCES shall be deemed permissible in all zoning
districts.
(b) Ground Mounted Small WCES shall be deemed an accessory structure,
permissible in the following zoning districts and land use designations:
(1) In all properties located in commercial zoning districts (Heavy
Manufacturing, Light Manufacturing, Business Commercial,
Business Commercial Modified, Limited Business Commercial,
Commercial Office, Neighborhood Commercial, Shopping Center).
(2) In all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and Multiple Dwelling
Residential Townhouse) for purposes of shared WECS energy
production among the residential dwelling units.
(3) I n all properties approved as a planned unit development for
purposes of shared WECS energy production among the
businesses/organizations, residential dwelling units, or adjoining
businesses/organizations/residential dwelling units.
(4) In all properties guided as Government or Institutional in the city's
Land Use Designations of the Comprehensive Plan.
(5) I n all properties guided as park in the city's Land Use
Designations of the Comprehensive Plan.
ifl Ground Mounted Small WCES shall be deemed an accessory structure,
permissible in double or sinqle dwellinq residential zoninq districts if the
followinq neiqhborhood consent requirements are met:
Written consent of one hundred (100) percent of the owners or occupants
of private Iv or publiclv owned real estate that are located adiacent (Le.,
sharinq property lines) on the outer boundaries of the premises for which
the permit is beinq requested.
Where an adiacent propertv consists of a multiple dwellinq or multi-tenant
propertv, the applicant need obtain onlv the written consent of the owner
or manaqer, or other person in charqe of the buildinq. Such written
consent shall be required on the initial application and as often thereafter
as the officer deems necessary.
c. Placement and Design
1. Ground Mounted WECS.
(a) Height
4
(1) Large WECS shall have a total height, including tower and blade
to its highest point of travel, of no more than one-hundred twenty
five (125) feet.
(2) Small WECS shall have a total height, including tower and blade
to its highest point of travel, of no more than sixty (60) feet.
(b) Placement
ill LarQe WECS shall be located as follows:
ill. Shall not be located between a principal structure and a
public street. unless the citv determines that such a
location would lessen the visibilitv of the Larqe WECS or
would lessen the neqative impacts of such a WECS on
nearbv properties.
Ql Have a minimum setback distance from the base of the
monopole of one (1) times the heiqht from anv properlv
line, public riqht-of-wav, electric substation, transmission
line, principal structure, or other WECS. In addition, the
setback distance must be increased bv twentv-five (25)
feet from anv propertv that is zoned or planned for
residential.
fl Have a minimum setback distance from the base of the
monopole of six hundred (600) feet from any property
quided as park or open space in the city's Land Use
Desiqnations of the Comprehensive Plan.
Ql Have a minimum setback distance from the base of the
monopole of one-fourth (X) mile or one thousand three
hundred and twenty (1,320) feet from any bluff.
ill Small WECS shall be located
(1) Be located entirely in the rear or side yard (not includinq
side yards on corner properties where the side yard is
adiacent a street).
ill Have a minimum setback distance from the base of the
monopole of one (1) times the heiqht from any properlv
line, public riqht-of-way, electric substation, transmission
line, or other WECS.
Ql Have a minimum setback distance from the base of the
monopole of six hundred (600) feet from any property
Quided as park or open space in the city's Land Use
DesiQnations of the Comprehensive Plan.
f1l Have a minimum setback distance from the base of the
monopole of six hundred (600) feet from any bluff.
5
(1) Be leeatea entirely in the rear er E:iae yara (net inelllain!j E:iae
yaraE: en Gerner I3rel3erlieE: where the E:iae yara iE: aajaeent a
E:treet).
(2) Have a minimllm E:eteaek aiE:tanee frem the eaE:e ef the menel3ele
ef ene ana ene half (1 %0) timeE: the hei!jht frem any I3rel3erly line,
I3llelie ri!jht ef way, eleetrie E:lleE:tatien, tranE:miE:E:ien line, awellin!j,
er ether WECa.
(3) Have a minimllm E:eteaek aiE:tanee frem the eaE:e ef the menel3ele
ef E:ix hllnarea (eOO) feet trem any I3rel3erly !jlliaea aE: l3ark er
el3en E:l3aee in the eily'E: Lana UE:e DeE:i!jnatienE: ef the
Ceml3reheneive Plan.
(4) Have a minimllm E:eteaek aiE:tanee frem the eaE:e ef the menel3ele
ef ene fellrth (%) mile er ene thellE:ana three hllnarea ana twenty
(1 ,nO) feet trem any elllff.
(5) Lar!je WECa enly Have a minimllm E:eteaek aiE:tanee trem the
eaE:e ef the menel3ele ef E:even hllnarea fift'! (750) teette a
ellilain!j.
(c) Number
(1) Large WECS. One (1) large WECS shall be allowed on a single
lot of one (1) to five (5) acre(s). All other larger parcels will be
limited to one (1) large WECS per five (5) acres of land area.
(2) Small WECS. One (1) small WECS shall be allowed on a single
lot up to one (1) acre in sizeef ene (1) te five (5) aereE:. All other
larger parcels will be allowed are limitea te one (1) small WECS
per five (5) acres of land area.
(d) Design
(1) Tower Configuration. All ground mounted WECS shall:
a) Be installed with a tubular, monopole type tower.
b) Have no guyed wires attached to the tower or other
components.
c) Have no ladder, step bolts, rungs, or other features used
for tower access to extend within eight (8) feet of the
ground. Lattice-style towers shall have a protective barrier
to prevent unauthorized access to the lower eight (8) feet
of the tower.
(2) Signs. A WECS operator is required to provide a single posting,
not to exceed four (4) square feet, at the base of a WECS
6
prohibiting trespassing, warning of high voltage, and providing the
emergency contact information for the operator.
2. Roof Mounted WECS.
(a) Height
ill Larqe roof mounted WECS:
a) Lar!je reef mellntea WEe:;; E:hall have a tTotal height of not
more than twenty-five (25) feet, measured from the top of
the roof to the blade tip at its highest point of travel.
ill Small roof mounted WECS:
~'I-) All small roof mounted WECS: Shall have a total height of
not more than twenty-five (25) feet, measured from the top
of the roof to the blade tip at its highest point of travel.
Q~) Residential Installation: In addition to the twenty-five (25)
foot height restriction for the small roof mounted WECS,
the height of the WECS and the structure on which it is
attached must not exceed the maximum height allowed in
the residential zoning district for which it is installed.
(b) Placement
Roof mounted WECS must be erected above the roof of a building or
structure. The mounts associated with the WECS may extend onto the
side of the building or structure.
(c) Number
(1) Large Roof Mounted WECS. The maximum number of Large
Roof Mounted WECS shall be approved through the conditional
use permit process.
Ql Small Roof Mounted WECS. No more than three (3) roof
mounted Small WECS shall be installed on any rooftop.
d. Conditional Use Permit Procedure. Procedures for qrantinq conditional use permits
from this ordinance are as follows:
1, The city council mav approve conditional use permit requirements in this
ordinance.
2. Before the citv council acts on a conditional use permit the environmental and
natural resources commission and the planninq commission will make a
recommendation to the citv council.
3. In reviewinq the conditional use permit the environmental and natural resources
commission, planninq commission, and city council will follow the requirements
7
for conditional use permit approvals as outlined in Article V (conditional use
permits).
G~. General Standards
The following provisions will apply to all WECS erected under the provisions of this
ordinance:
1. Noise: Have a maximum noise production rating of fifty-five (55) dB fifty (50)
dBA and shall conform to this standard under normal operating conditions as
measured at any property line.
2. Color: Be white, Ii!jht !jray, er a nebltral tene whish iE: E:hewn te I3retest eiraE: ana
eatE: ana all E:b1rfase finiE:hin!j E:hall ee nen reflestive.
(a) Larqe WECS: Turbine paint color and hiqh levels of ultraviolet and
infrared components of paint could have an impact on the attraction of
insect species to the structure. which will attract birds and bats and cause
bird and bat mortality. As such, turbine paint color will be approved as
part of the conditional use permit process and must be shown to reduce
the neqative impacts to birds and bats and be a non-obtrusive color so
not to cause neqative visual impacts to surroundinq properties.
(b) Small WECS: Turbine paint color must be a non-obtrusive color so not to
cause neqative visual impacts to surroundinq properties.
3. Over Speed Controls: Shall be equipped with manual and automatic over speed
controls to limit the blade rotation within design specifications.
4. Lighting: Have no installed or accessory lighting, unless required by federal or
state regulations.
5. Intent to Install: Prior to the installation or erection of a WECS, the operator must
provide evidence showing their regular electrical service provider has been
informed of the customer's intent to install an interconnected, customer-owned
generator. Off-grid systems shall be exempt from this requirement.
6. Signs: The placement of all other signs, postings, or advertisements shall be
prohibited on the units. This restriction shall not apply to manufacturer
identification, unit model numbers, and similar production labels.
7. Commercial Installations: All WECS shall be limited to the purpose of on-site
energy production, except that any additional energy produced above the total
on-site demand may be sold to the operator's regular electrical service provider
in accordance with any agreement provided by the same or applicable
legislation.
8. Feeder Lines: Any lines accompanying a WECS, other than those contained
within the WECS' tower or those attached to on-site structures by leads, shall be
buried within the interior of the subject parcel, unless there are existing lines in
the area which the lines accompanying a WECS can be attached.
8
9. Clearance: Rotor blades or airfoils must maintain at least 20 feet of clearance
between their lowest point and the ground.
10. Blade Design: The blade design and materials must be engineered to insure
safe operation in an urban area.
11. Warnings: For all large WECS, a sign or signs shall be posted on the tower,
transformer and substation warning of high voltage. Signs with emergency
contact information shall also be posted on the turbine or at another suitable
point.
12. Energy Storage: Batteries or other energy storage devices shall be designed
consistent with the Minnesota Electric Code and Minnesota Fire Code.
13. Environmental Standards for Larqe WECS: The applicant sf a Lar!js WEe:;;
shall provide the following information in the application to minimize impacts on
the environment:
(a) Natural Heritage Review by the Minnesota Department of Natural
Resources.
(b) Lands guided as park or open space in the city's Land Use Designation of
the Comprehensive Plan that are located within one (1) mile of the
project.
(c) Conservation easements and other officially protected natural areas
within a quarter mile of the project.
(d) Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife
corridors and habitat complexes.
(e) All significant trees impacted by the project.
ill Radar Svstems: If the technoloqv is available, Larqe WECS should be
equipped with radar svstems that can be proqrammed to shut down a
Larqe WECS when miqratinq birds are detected.
ef. Abandonment
A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by the city after notification to the owner or operator of the WECS, shall be
presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
9
Section 4. Solar Energy Sources and Systems
a. Definitions, Solar Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
Building-Integrated Photovoltaic System. An active solar system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the building. Building-
integrated systems include, but are not limited to, photovoltaic or hot water solar
systems that are contained within roofing materials, windows, skylights, and awnings.
Ground mounted Panels. Freestanding solar panels mounted to the ground by use
of stabilizers or similar apparatus.
Photovoltaic System. An active solar energy system that converts solar energy directly
into electricity.
Roof or Building_Mounted SES. Solar energy system (panels) that are mounted to the
roof or building using brackets, stands or other apparatus.
Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run,
typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access. A view of the sun, from any point on the collector surface that is not
obscured by any vegetation, building, or object located on parcels of land other than the
parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00
PM Standard time on any day of the year.
Solar Collector. A device, structure or a part of a device or structure for which the
primary purpose is to transform solar radiant energy into thermal, mechanical, chemical,
or electrical energy.
Solar Energy. Radiant energy received from the sun that can be collected in the form of
heat or light by a solar collector.
Solar Energy System (SES). An active_solar energy system that collects or stores solar
energy and transforms solar energy into another form of energy or transfers heat from a
collector to another medium using mechanical, electrical, or chemical means.
Solar Hot Water System. A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other hot water needs,
including residential domestic hot water and hot water for commercial processes.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning code.
10
b. Districts
Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.
c. Placement and Design
1. Height
(a) Roof or building mounted SES shall not exceed the maximum allowed
height in any zoning district. For purposes for height measurement, solar
systems other than building-integrated systems shall be considered to be
mechanical devices and are restricted consistent with other building-
mounted mechanical devices.
(b) Ground mounted SES shall not exceed the height of an allowed
accessory structure within the zoning district, or ten (10) feet in height,
whichever is greater, when oriented at maximum tilt.
2. Placement
(a) Ground mounted SES must meet the accessory structure setback for the
zoning district in which it is installed.
(b) Roof or Building Mounted SES. The collector surface and mounting
devices for roof or building mounted SES shall not extend beyond the
required building setbacks of the building on which the system is
mounted.
3. Coverage
Ground mounted SES may not exceed the area restrictions placed on accessory
structures within the subject district.
4. Visibility
(a) SES shall be designed to blend into the architecture of the building or be
screened from routine view from public right-of-ways other than alleys.
The color of the solar collector is not required to be consistent with other
roofing materials.
(b) Building Integrated Photovoltaic Systems - Building integrated
photovoltaic solar systems shall be allowed regardless of visibility,
provided the building component in which the system is integrated meets
all required setback, land use or performance standards for the district in
which the building is located.
(c) Ground mounted SES shall be screened from view to the extent possible
without reducing their efficiency. Screening may include walls, fences, or
landscaping.
11
d. General Standards
1. Notification. Prior to the installation or erection of a SES, the operator must
provide evidence showing their regular electrical service provider has been
informed of the customer's intent to install an interconnected, customer-owned
SES. Off-grid systems shall be exempt from this requirement.
2. Feeder lines. Any lines accompanying a SES, other than those attached to on-
site structures by leads, shall be buried within the interior of the subject parcel,
unless there are existing lines in the area which the lines accompanying an SES
can be attached.
3. Commercial. All SES shall be limited to the purpose of on-site energy
production, except that any additional energy produced above the total onsite
demand may be sold to the operator's regular electrical service provider in
accordance with any agreement provided by the same or applicable legislation.
4. Restrictions on SES Limited. No homeowners' agreement, covenant, common
interest community, or other contract between multiple property owners within a
subdivision of Maplewood shall restrict or limit solar systems to a greater extent
than Maplewood's renewable energy ordinance.
5. Maplewood encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes. Any
solar easements filed, must be consistent with Minnesota Statutes, Chapter 500,
Section 30.
e. Abandonment
A SES that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by city officials, shall be presumed abandoned and may be declared a public
nuisance subject to removal at the expense of the operator.
Section 5. Geothermal Energy Sources and Systems
a. Definitions, Geothermal Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
Closed Loop Ground Source Heat Pump System. A system that circulates a heat
transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the
land surface or anchored to the bottom in a body of water.
Geothermal Energy. Renewable energy generated from the interior of the earth and
used to produce energy for heating buildings or serving building commercial or industrial
processes.
Ground Source Heat Pump System (GSHPS). A system that uses the relatively
constant temperature of the earth or a body of water to provide heating in the winter and
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cooling in the summer. System components include closed loops of pipe, coils or plates;
a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use
or disperses heat for cooling; and an air distribution system. The energy must be used
on-site.
Heat Transfer Fluid. A non-toxic and food grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous
solutions of potassium acetate not to exceed twenty percent (20%) by weight.
Stormwater Pond. These are ponds created for stormwater treatment. A stormwater
pond shall not include wetlands created to mitigate the loss of other wetlands.
b. Districts
Ground source heat pump systems (GSHPS) shall be deemed an accessory structure,
permissible in all zoning districts.
c. Placement and Design
1. Placement
(a) All components of GSHPS including pumps, borings and loops shall be
set back at least five (5) feet from interior and rear lot lines.
(b) Easements. All components of GSHPS shall not encroach on
easements.
(c) GSHPS are permitted in stormwater ponds.
2. Design
(a) Only closed loop GSHPS utilizing Minnesota Department of Health
approved heat transfer fluids are permitted.
(b) Screening. Ground source heat pumps are considered mechanical
equipment and subject to the requirements of the city's zoning ordinance.
d. General Standards
1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards
outlined in Minnesota Rules Chapter 7030.
e. Abandonment
A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by the city after notification to the owner or operator of the GSHPS, shall be
presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
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Section 6. General Ordinance Provisions
a. Interpretation
In interpreting this ordinance and its application, the provisions of these regulations shall
be held to be the minimum requirements for the protection of public health, safety and
general welfare. This ordinance shall be construed broadly to promote the purposes for
which it was adopted.
b. Conflict
This ordinance is not intended to interfere with, abrogate or annul any other ordinance,
rule or regulation, statute or other provision of law except as provided herein. If any
provision of this ordinance imposes restrictions different from any other ordinance, rule
or regulation, statute or provision of law, the provision that is more restrictive or imposes
high standards shall control.
c. Severability
If any part or provision of this ordinance or its application to any developer or
circumstance is judged invalid by any competent jurisdiction, the judgment shall be
confined in its operation to the part, provision or application directly involved in the
controversy in which the judgment shall be rendered and shall not affect or impair the
validity of the remainder of these regulations or the application of them to other
developers or circumstances.
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