HomeMy WebLinkAbout2020-11-16 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, November 16, 2020
7:00 p.m.
Held Remotely Via Conference Call
Dial 1-888-788-0099
Meeting ID: 973 0623 1531
Passcode: 903789
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval of Minutes:
a.October 19, 2020
5.Unfinished Business
a.Mississippi River Corridor Critical Area Ordinance
6.New Business
7.Visitor Presentations
8.Commissioner Presentations
9.Staff Presentations (oral report only)
a.Update on Nature Center Task Force
10.Adjourn
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Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
MONDAY,OCTOBER 19, 2020 7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA ZOOM AND CONFERENCE CALL)
1.CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:02
p.m. by Chairperson Miller.
2.ROLL CALL
Keith Buttleman, CommissionerPresent
Kayla Dosser, ChairpersonPresent
Mollie Miller, ChairpersonPresent
Candace Okeson,Vice ChairPresent
Ann Palzer, CommissionerPresent
Ted Redmond, CommissionerPresent
Stephen Todey, CommissionerPresent
Staff Present
Shann Finwall, Environmental Planner
3.APPROVAL OF AGENDA
Commissioner Palzer moved to approve the agenda as submitted.
Seconded by Commissioner Redmond. Ayes All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Okeson moved to approve the September 21, 2020, Environmental and Natural
Resources Commission meeting minutes assubmitted.
Seconded by Commissioner Redmond. Ayes All
The motion passed.
5.NEW BUSINESS
a.New Member Orientation
Environmental Planner Finwall introduced the new commission members and conducted a
new member orientation.
6.UNFINISHED BUSINESS
a.Mississippi River Corridor Critical Area Ordinance
October 19, 2020
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Maplewood has been notified that it is time to adopt new zoning standards consistent with the
MRCCA rules. Connor Toberman, Friends of the Mississippi River, gave a
presentation regarding the Mississippi River Corridor Critical Area (MRCCA) history and new
rules. Environmental Planner Finwall led a discussion on adopting new ordinance language
that aligns with the MRCCA rules.
7. VISITOR PRESENTATIONS
None.
8. COMMISSION PRESENTATIONS
None.
9. STAFF PRESENTATIONS
a. Fall Clean Up Campaign Throughout the Month of October
Environmental Planner Finwall spoke to the Commission about the progress of the Fall
Clean Up Campaign.Residents can schedule reduced priced curbside bulky item collection
b. Shredding Event Summary Held October 10
Environmental Planner Finwall spoke to the Commission about Shredding Event
that was held on Saturday, October 10 from 9 to noon. The City collected 15,600 pounds of
material during the shredding event. The material will be shredded and recycled.
c. Environmental and Natural Resources Commission Communications Recap
Environmental Planner Finwall gave a recap outlining the items discussed with
Communications Manager Joe Sheeran at the last meeting.
d. Update on Nature Center Task Force
Environmental Planner Finwall stated that the City held its second Nature Center Task Force
meeting on October 1. Commissioner Okeson is the Commissio
She reported that the Task Force discussed the Nature Center budget during the meeting.
The next Task Force meeting is scheduled for October 22.
10. ADJOURNMENT
Chairperson Miller adjourned the meeting at 8:28 p.m.
October 19, 2020
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Agenda Item 5.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT
Meeting Date November 16, 2020
REPORT TO:
Environmental and Natural Resources Commission
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTER:Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
Mississippi River Corridor Critical Area Ordinance
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Communities in the Mississippi River Corridor Critical Area (MRCCA) are required to adopt new
zoning standards consistent with the 2017 MRCCA rules and local comprehensive plans.
Recommended Action:
Review the draft MRCCA ordinance amendments.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
and consistency with
plan.
Background:
Maplewood MRCCA
on the southwest corner of the City, south of Carver Avenue and
west of Interstate 494. It consists of 145 acres, of which more than 75 percent is guided as open
space (Ramsey County Open Space and Maplewood Fish Creek Neighborhood Preserve) and the
remaining is made up of rural/low-density housing (35 single-family homes located along Carver
Avenue and Dorland Road). Refer to the Maplewood MRCCA map attached.
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Zoning Standards
On January 4, 2017, Minnesota Rules, chapter 6106 replaced Executive Order 79-19, which
previously governed land use in the MRCCA. The rules require local governments to update their
MRCCA plans and ordinances for consistency with the rules. From January 2020 through
December 2022 all communities in the MRCCA will be required to adopt new zoning standards
consistent with the 2017 MRCCA rules and local comprehensiveplans. Once a city is notified by
the Department of Natural Resources (DNR) to begin updatingitsordinance within that timeframe,
acity has one year to adopt a new ordinance. Maplewood was notified by the DNR on October 1,
2020. The City has until October 1, 2021, to update its ordinance.Refer to the MRCCA Background
Information document attached for more details.
Existing Ordinances
trees, stormwater management, renewable energy, flood plain overlay district, slopes, MRCCA, and
community and market gardens. Most of these ordinances have been updated or newly adopted
since 2006, except for the MRCCA and Slopes ordinances, both of which were likely adopted in the
ct of
ation Executive Order in 1976. Both of these ordinances
plan.
Model MRCCA Ordinance
The DNRdrafted a model MRCCA ordinance for use by cities. The model ordinance includes
regulations for development and vegetative management along the Mississippi River and on bluff
lines and slopes adjacent to the river.The land located within the Maplewood MRCCA includes bluff
lines and slopes, but no river access.
developments near slopes and bluff lines, vegetative management, nonconforming uses, and
definition clarifications.
MRCCA Ordinance Amendments
Sta
the draft ordinance attached. Sections of the model ordinance that pertain to the Maplewood-
specific MRCCA lands were included, such as setbacks to bluffs, building height restrictions, etc.
Sections excluded were regulations on the development of land adjacent to the Mississippi River
and other shoreland details. The draft ordinance is a first attempt by staff and will likely be
condensed further after review by the Commission. The ordinance includes the following sections:
1. Definitions: The model ordinance includes updated definitions such as bluff, bluff impact
zone, and steep slopes.
2. Generally:MRCCA land area, enforcement of the ordinance, underlying zoning.
3. Administration:Conditions of approval of permits, variances, conditional use permits.
Regulations on nonconformities.
4. MRCCA District:
rules.
5. Special Land Use Provisions:Development standards for land uses.
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6. Structure Height and Placement:Regulations on the height of structures and the placement
of structures and hard surfaces near bluffs.
7. Performance Standards for Public Facilities:Design standards for public facilities including
parks, recreation areas, right-of-ways, and utilities.
8. Vegetation Management:Preservation of the natural character and topography of the
MRCCA.
9.LandAlteration Standards and Stormwater Management:Protection of water quality from
pollutant loadings of sediment, nutrients, bacteria, and other contaminants.
10. Subdivision and Land Development Standards:Protection and enhancement of the natural
and scenic values of the MRCCA during development or redevelopment.
11. Exemptions:Provide exemptions to structure placement, height and other standards for
specific facilities as provided in Minnesota Statutes.
Slope Ordinance Amendments
Staff will update the slope ordinance for review by the ENR Commission during the December
meeting.
Next Steps
Review the draft MRCCA ordinance and offer comment and feedback. Staff will update the
ordinance based on these comments for review by the ENR Commission again in December.
Attachments:
1.Maplewood MRCCA Overlay District Map
2.MRCCA Background Information
3. DNR Model MRCCA Ordinance
4.Maplewood MRCCA Draft Ordinance
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Attachment 1
Esri Community Maps Contributors, County of
Labels
Imagery with
00.10.2mi
Legend
Natural Drainage RoutesShore Impact ZonesNative Plant CommunitiesSignificant Existing Vegetative StandsBluff Impact ZoneWetlands
MRCCA BoundaryCity and Township BoundariesParcelsMRCCA Primary Conservation Areas
Mississippi River Corridor Critical Area
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Attachment 2
MRCCA Background Information
The Mississippi River Corridor Critical Area (MRCCA) program is a joint state, regional and local
program that provides coordinated land use planning and zoning regulations for the 72-mile
stretch of the Mississippi River through the seven-county metropolitan area covering 54,000
acres of land in 30 local jurisdictions. The MRCCA was designated by Governor’s Executive
Order in 1976, following the passage of the Minnesota Critical Areas Act of 1973. On January 4,
2017, Minnesota Rules, chapter 6106 replaced Executive Order 79-19, which previously
governed land use in the MRCCA. The rules require local governments to update their MRCCA
plans and ordinances for consistency with the rules.
MRCCA Districts
Six districts are defined in the MRCCA rules. The districts are based on the natural and built
character of different areas of the river corridor. Structure setbacks, height limits, and the
amount of open space required for subdivisions vary by district. All other MRCCA standards
apply uniformly throughout the corridor. The presence and diversity of the districts supports the
different dimensional standards needed to enhance the corridor’s character and to protect the
resources and features identified for special protection.
Maplewood’s MRCCA is designated as a Rural and Open Space District. This designation is
characterized by rural and low-density development patterns and land uses and includes land
that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological
and scenic value, floodplain, and undeveloped islands.
2040 Comprehensive Plan
Maplewood’s 2040 Comprehensive Plan was updated based on the new rules. Refer to the
Comprehensive Plan link below. The future land use guidance of Open Space fits the purpose
of the Rural and Open Space district through encouraging passive recreational use, habitat
restoration, and natural character preservation. The rural/low-density residential classification
offers a rural residential setting and helps protect the City’s natural resources. MRCCA
ordinance actions identified in the Comprehensive Plan are as follows:
Ordinance Update
1. Amend existing MRCCA ordinance/overlay district consistent with the MRCCA plan and
rules.
2. Amend zoning map to reflect new districts.
MRCCA Permitting
3. Incorporate specific design and placement conditions that minimize impacts to Primary
Conservation Areas (PCA) and Public River Corridor Views (PRCV) into local permits for
solar and wind generation facilities and essential and transmission services.
4. Establish procedures and criteria for processing applications to ensure compliance with
MRCCA dimensional and design standards and to evaluate potential impacts to PCAs
and PRCVs, including:
a. Identifying the information that must be submitted and how it will be evaluated,
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b. Determining appropriate mitigation procedures/methods for variances and
conditional use permits (CUP), and
c. Establishing evaluation criteria for protecting PCAs when a development site
contains multiple PCAs and the total area of PCAs exceed the required set aside
percentages.
5. Develop administrative procedures for integrating DNR and local permitting of riprap,
walls, and other hard armoring.
Adjacent Communities
6. Actively communicate with other communities to protect views they have identified in
Maplewood that are valuable, and vice versa.
Natural Resources
7. Establish a vegetation permitting process that includes permit review procedures to
ensure consideration of restoration priorities identified in this plan in permit issuance, as
well as standard conditions requiring vegetation restoration for those priority areas.
8. Establish a process for evaluating priorities for natural vegetation restoration, erosion
prevention, and bank and slope stabilization, or other restoration priorities identified in
this plan in CUP, variances, and subdivision/planned unit development processes.
9. Develop a system for reviewing, tracking, and monitoring open space required as part of
the subdivision process.
Communication
10. Ensure that information on the new MRCCA districts and zoning requirements, and the
location of PCAs, PRCVs, and restoration priorities are readily available to property
owners to help them understand which ordinance requirements - such as setbacks,
height, vegetation management, and land alteration permits - apply to their property for
project planning and permitting. Specific actions may include:
a. Develop an outreach and communication strategy to alert MRCCA property
owners of new districts and zoning requirements and the location of PCAs,
PRCVs, and restoration priorities.
b. Develop web materials (mapping applications, frequently asked questions,
handouts, and other materials) to help property owners identify if their property is
in the MRCCA and what regulations apply.
c. Provide information to residents and park and facility users that these facilities
are in the MRCCA, including information on what the MRCCA is and ways in
which the resources are being protected.
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Attachment 3
DNR Model MRCCA Ordinance
1.0 AUTHORITY, INTENT AND PURPOSE
1.1 Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) (section, chapter or article) is adopted
pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts
6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.
1.2 Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the
subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important
historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas.
2.0 GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction. The provisions of this (section, chapter or article) apply to land within the river corridor boundary as described
in the State Register, volume 43, pages 508 to 519 and shown on the zoning map (insert reference citation).
2.2 Enforcement. The (insert name of local government or designated official) is responsible for the administration and
enforcement of this (section, chapter or article). Any violation of its provisions or failure to comply with any of its
requirements including violations of conditions and safeguards established in connection with grants of variances or
conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this (section, chapter or
article) can occur regardless of whether or not a permit is required for a regulated activity listed in Section 3.2.
2.3 Severability. If any section, clause, provision, or portion of this (section, chapter or article) is judged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this (section, chapter or article) shall not be affected thereby.
2.4 Abrogation and Greater Restrictions. It is not intended by this (section, chapter or article) to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this (section, chapter or article) imposes greater
restrictions, the provisions of this (section, chapter or article) shall prevail. All other (sections, chapters or articles)
inconsistent with this (section, chapter or article) are hereby repealed to the extent of the inconsistency only.
2.5 Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district
are more restrictive.
2.6 Definitions. Unless specifically defined below, words or phrases used in this (section, chapter or article) shall be
interpreted to give them the same meaning they have in common usage and to give this (section, chapter or article) its
most reasonable application. For the purpose of this (section, chapter or article), the words “must” and “shall” are
mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.
2.611 Access path. An area designated to provide ingress and egress to public waters.
2.612 Adjacent. Having a boundary that physically touches or adjoins.
2.613 Agricultural use. A use having the meaning given under Minnesota Statutes, section 40A.02.
2.614 Alternative design. Subdivision design methods such as conservation design, transfer of development density, or
similar zoning and site design techniques that protect open space and natural areas.
2.615 Barge fleeting. Temporarily parking and securing barges on the river, on or off channel, while tows are assembled
or broken up.
2.616 Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes, retaining and filtering
runoff, providing habitat, and recharging groundwater.
2.617 Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater, measured over a
horizontal distance of 25 feet, as follows:
(1) Where the slope begins above the ordinary high water level, from the toe of the slope to the top of the
slope; or
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(2) Where the slope begins below the ordinary high water level, from the ordinary high water level to the top
of the slope. See Figure 1; or
B. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe
of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure
2.
OR
2.617 Bluff. A natural topographic feature having:
C. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater, measured over
a horizontal distance of 25 feet, from the toe of the slope to the top of the slope. Where the slope begins
below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 1; or
Figure 1. Bluff and Bluff Impact Zone
D. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or
toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See
Figure 2.
Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
2.618 Bluff impact zone. A bluff and land located within 20 feet of the bluff. See Figures 1 and 2.
2.619 Bluffline. A line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward
from the river. See Figures 1 and 2.
2.620 Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the slope above the line
exceeds 18 percent and the slope below the line is 18 percent or less, measured over a horizontal distance of 25
feet. See Figures 1 and 2.
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2.621 Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds
18 percent and the slope above the line is 18 percent or less, measured over a horizontal distance of 25 feet. See
Figures 1 and 2.
2.622 Buildable area. The area upon which structures may be placed on a lot or parcel of land and excludes areas needed
to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated
floodways, land below the ordinary high water level of public waters, and other unbuildable areas.
2.623 Building. A structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site.
2.624 Certificate of compliance. A document written after a compliance inspection, certifying that the development
complies with applicable requirements at the time of the inspection.
2.625 Commissioner. The commissioner of the Minnesota Department of Natural Resources.
.
2.626 Conditional use. A use having the meaning given under Minnesota Statutes, chapters 394 and 462
2.627 Conservation design. A pattern of subdivision that is characterized by grouping lots within a portion of a parcel,
where the remaining portion of the parcel is permanently protected as open space.
2.628 Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread regularly
throughout a parcel in a lot and block design.
2.629 Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings,
seats, trellises, or other features, attached or functionally related to a principal use or site.
.
2.630 Developer. Having the meaning given under Minnesota Statutes, section 116G.03
2.631 Development. Having the meaning given under Minnesota Statutes, section 116G.03.
2.632 Discretionary action. An action under this chapter related to land use that requires a public hearing by local
ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use
permits, interim use permits, variances, appeals, and rezonings.
2.633 Dock. Having the meaning given under Minnesota Rules, chapter 6115.
2.634 Electric power facilities. Equipment and associated facilities for generating electric power or devices for converting
wind energy to electrical energy as identified and defined under Minnesota Statutes, section 216E.
2.635 Essential services. Underground or overhead gas, electrical, communications, steam, or water distribution,
collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains,
pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities
or other similar equipment and accessories in conjunction with the systems. Essential services does not include
buildings, treatment works as defined in Minnesota Statutes, chapter 115.01, electric power facilities or
transmission services.
2.636 Feedlot. Having the meaning given for animal feedlots under Minnesota Rules chapter 7020.
2.637 Floodplain. Having the meaning given the meaning given under Minnesota Rules chapter 6120.
2.638 Fully reconstructs. The reconstruction of an existing impervious surface that involves site grading and subsurface
excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully
reconstructed.
2.639 Hard-surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as
determined by local, regional, or state agency plans.
2.640 Historic property. An archaeological site, standing structure, site, district, or other property that is:
E. Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as
a historic site under Minnesota Statutes, section 471;
F. determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of
Historic Places as determined by the director of the Minnesota Historical Society; or
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G. An unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307, in consultation with
the Office of the State Archaeologist.
2.641 Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and
causes water to run off the surface in greater quantities and at an increased rate of flow than prior to
development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways,
including those with concrete, asphalt, or gravel surfaces.
2.642 Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a contiguous patch, strip,
row, or block.
2.643 Interim use. A use having the meaning given under Minnesota Statutes, section 394 and 462
.
2.644 Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross section of the land,
excluding gardening or similar minor soil disturbances.
2.645 Local government. Counties, cities, and townships.
2.646 Local park agencies. The Minneapolis Park and Recreation Board and the Three Rivers Park District.
2.647 Lot. Having the meaning given under Minnesota Rules chapter 6120.
2.648 Lot width. The shortest distance between lot lines measured at both the ordinary high water level and at the
required structure setback from the ordinary high water level. See Figure 3.
Figure 3. Lot Width
2.649 Marina. Having the meaning given under Minnesota Rules chapter 6115.
2.650 Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor Boundary (See Section
2.680).
2.651 Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in the (insert name of
jurisdiction) comprehensive plan.
.
2.652 Mooring facility. Having the meaning given under Minnesota Rules chapter 6115.0170
2.653 Native plant community. A plant community identified by the Minnesota Biological Survey or biological survey
issued or adopted by a local, state, or federal agency.
2.654 Natural-surface trail. A trail composed of native soil and rock or compacted granular stone, primarily intended for
hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans.
2.655 Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it may have been
altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge
groundwater.
2.656 Nonconformity. Having the meaning given under Minnesota Statutes, section 394.22.
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2.657 Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the
extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel.
Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level
control structures. For purposes of this subpart, “facility” includes all mine pits, quarries, stockpiles, basins,
processing structures and equipment, and any structures that drain or divert public waters to allow mining.
2.658 Off-premise advertising signs. Those signs that direct attention to a product, service, business, or entertainment
venue that is not exclusively related to the premises where the sign is located.
2.659 Ordinary high water level (OHWL). Having the meaning given under Minnesota Statutes, section 103G.005
.
2.660 Overlay district. A zoning district applied over one or more previously established zoning districts, establishing
additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning
district. Overlay districts are often used to protect historic features and natural resources such as shoreland or
floodplain.
2.661 Parcel. Having the meaning given under Minnesota Statutes, section 116G.03.
2.662 Patio. A constructed hard surface located at ground level with no railings and open to the sky.
2.663 Picnic shelter. A roofed structure open on all sides, accessory to a recreational use.
2.664 Planned unit development. A method of land development that merges zoning and subdivision controls, allowing
developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of
structure types and land uses, and phasing of development over a number of years. Planned unit development
includes any conversion of existing structures and land uses that utilize this method of development.
.
2.665 Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B
2.666 Port. A water transportation complex established and operated under the jurisdiction of a port authority according
to Minnesota Statutes, section 458.
2.667 Primary conservation areas. Key resources and features, including shore impact zones, bluff impact zones,
floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and
bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree
canopies, and other resources identified in local government plans.
2.668 Private facilities. Private roads, driveways, and parking areas, private water access and viewing facilities, decks and
patios in setback areas, and private signs.
2.669 Professional engineer. An engineer licensed to practice in Minnesota.
2.670 Public facilities. Public utilities, public transportation facilities, and public recreational facilities.
2.671 Public recreation facilities. Recreational facilities provided by the state or a local government and dedicated to
public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters,
water access ramps, and other similar water-oriented public facilities used for recreation.
2.672 Public river corridor views. Views toward the river from public parkland, historic properties, and public overlooks,
as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer
months and documented in the MRCCA plan/chapter of the comprehensive plan.
2.673 Public transportation facilities. All transportation facilities provided by federal, state, or local government and
dedicated to public use, such as roadways, transit facilities, railroads, and bikeways.
2.674 Public utilities. Electric power facilities, essential services, and transmission services.
2.675 Public waters. Having the meaning given under Minnesota Statutes, section 103G.005.
2.676 Readily visible. Land and development that are easily seen from the ordinary high water level of the opposite
shore during summer months.
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2.677 Resource agency. A federal, state, regional, or local agency that engages in environmental, natural, or cultural
resource protection or restoration activities, including planning, implementation, and monitoring.
2.678 Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone
regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured
concrete, concrete blocks, or other durable materials.
2.679 Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings
and other shoreline structures against scour, or water or ice erosion.
2.680 River corridor boundary. The boundary approved and adopted by the Metropolitan Council under Minnesota
Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and
as legally described in the Sate Register, volume 43, pages 508 to 518.
2.681 River-dependent use. The use of land for commercial, industrial, or utility purposes, where access to and use of a
public water feature is an integral part of the normal conduct of business and where the use is dependent on
shoreline facilities.
2.682 Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a contiguous patch,
strip, row, or block and that does not substantially reduce the tree canopy or understory cover.
2.683 Setback. A separation distance measured horizontally.
2.684 Shore impact zone. Land located between the ordinary high water level of public waters and a line parallel to it at a
setback of 50 percent of the required structure setback or, for agricultural use, 50 feet landward of the ordinary
high water level. See Figure 4.
Figure 4. Shore Impact Zone
2.685 Shoreline facilities. Facilities that require a location adjoining public waters for ingress and egress, loading and
unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and
unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water
access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining
public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat
dealerships.
2.686 Special purpose units of government. The University of Minnesota, the St. Paul Port Authority, watershed
management organizations established under Minnesota Statutes, chapter 103B, watershed districts established
under Minnesota Statutes, chapter 103D, and any other unit of government other than local government or a
state or regional agency.
2.687 State or regional agency. The Metropolitan Airports Commission, Minnesota Historical Society, University of
Minnesota, Department of Natural Resources, Department of Transportation, Metropolitan Council and other
state agencies.
2.688 Steep slope. A natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal
distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs.
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2.689 Storm water management facilities. Facilities for the collection, conveyance, treatment, or disposal of storm
water.
2.690 Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer,
electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances.
2.691 Subdivision. Having the meaning given under Minnesota Statutes, section 462.352.
2.692 Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part 7080.1100.
2.693 Transmission services.
A. Electric power lines, cables, pipelines, or conduits that are:
(3) used to transport power between two points, as identified and defined under Minnesota Statutes, section
; or
216E.01, subdivision 4
(4) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in
suspension between two points; and
B. Telecommunication lines, cables, pipelines, or conduits.
2.694 Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a
particular point. The treeline is determined during all seasons as if under full foliage.
2.695 Twin Cities Metropolitan area. The area over which the Metropolitan Council has jurisdiction according to
.
Minnesota Statutes, section 473.121 subdivision 2
2.696 Variance. Having the meaning given under Minnesota Statutes, section 394.22.
2.697 Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows
launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.
2.698 Water-oriented accessory structure. A small building or other improvement, except stairways, fences, docks, and
retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public
waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses,
and detached decks and patios.
2.699 Water quality impact zone. Land within the shore impact zone or within 50 feet of the OWHL of the river,
whichever is greater, AND land within 50 feet boundary of a public water, wetland, or natural drainage route,
whichever is greater.
2.670 Wetland. Having the meaning given under Minnesota Statutes, section 103G.005.
2.671 Wharf. Having the meaning given under Minnesota Rules, part 6115.0170.
3.0ADMINISTRATION
3.1 Purpose. The purpose of this Section is to identify administrative provisions to ensure this (section, chapter, or article) is
administered consistent with its purpose.
3.2 Permits. A permit is required for the construction of buildings or building additions (including construction of decks and
signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with Section 9.0 and
land alterations consistent with Section 10.0.
3.3 Variances. Variances to the requirements under this (section, chapter, or article) may only be granted in accordance with
Minnesota Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas,
public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the
(zoning authority, governing body, or other appropriate term) shall:
3.31 Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts
that are related to and proportional to the impacts, consistent with Section 3.5 and
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3.32 Make written findings that the variance is consistent with the purpose of this (section, chapter, or article), as
follows.
A. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;
B. The variance is consistent with the character and management purpose of the MRCCA district in which it is
located;
C. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental
impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions;
and
D. The variance will not negatively impact (insert other MRCCA plan-identified resources).
3.4 Conditional and interim use permits. All conditional and interim uses, required under this (section, chapter or article),
must comply with Minnesota Statutes, section 462.3595 and must consider the potential impacts on primary conservation
areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the
(zoning authority, governing body, or other appropriate term) shall:
3.41 Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the
impacts that are related to and proportional to the impacts, consistent with Section 3.5; and
3.42 Make written findings that the conditional use is consistent with the purpose of this (section, chapter, or
article), as follows.
A. The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA
Plan;
B. The conditional use is consistent with the character and management purpose of the MRCCA district in
which it is located;
C. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental
impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions;
and
D. The conditional use will not negatively impact (insert other MRCCA plan-identified resources).
3.5 Conditions of Approval. The (zoning authority, governing body, or other appropriate term) shall evaluate the impacts to
PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to
mitigate the impacts that are related to and proportional to the impacts. Mitigation may include:
3.51 Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA plan.
3.52 Preservation of existing vegetation;
3.53 Stormwater runoff management;
3.54 Reducing impervious surface;
3.55 Increasing structure setbacks;
3.56 Wetland and drainage route restoration and/or preservation;
3.57 Limiting the height of structures
3.58 Modifying structure design to limit visual impacts on PRCVs; and
3.59 Other conservation measures.
3.6 Application materials. Applications for permits and discretionary actions required under this (section, chapter or article)
must submit the following information unless the (insert designated official) determines that the information is not
needed.
3.61 A detailed project description; and
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3.62 Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and
describe:
A. Primary conservation areas;
B. Public river corridor views;
C. Buildable area;
D. Existing and proposed topography and drainage patterns;
E. Proposed storm water and erosion and sediment control practices;
F. Existing and proposed vegetation to be removed and established;
G. Ordinary high water level, blufflines, and all required setbacks;
H. Existing and proposed structures;
I. Existing and proposed impervious surfaces; and
J. Existing and proposed subsurface sewage treatment systems.
3.7 Nonconformities.
3.71 All legally established nonconformities as of the date of this ordinance may continue consistent with 462.357
Subd. 1e .
3.72 New structures erected in conformance with the setback averaging provisions of Section 6.34 are conforming
structures.
3.73 Site alterations and expansion of site alterations that were legally made prior to the effective date of this
ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and
other nonstructural site improvements.
3.74 Legally nonconforming principal structures that do not meet the setback requirements of Section 6.3 may be
expanded laterally provided that:
A. The expansion does not extend into the shore or bluff impact zone or further into the required setback than
the building line of the existing principal structure (See Figure 5); and
B. The expanded structure’s scale and bulk is consistent with that of the original structure and existing
surrounding development.
Figure 5. Expansion of Nonconforming Structure
3.8 Notifications.
3.81 Amendments to this (section, chapter, or article) and to the MRCCA plan must be submitted to the Commissioner
as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I.
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3.82 Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals,
rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities
at least thirty (30) ten (10) days prior to the hearing:
A.The Commissioner in a format prescribed by the DNR;
B. National Park Service; and
C. Where building heights exceed the height limits specified in Section 6.2 as part of the conditional use or
variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction
and those across the river.
3.83 Notice of final decisions for actions in Section 3.71, including findings of fact, must be sent to the Commissioner,
the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final
decision.
3.84 Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9,
Item C.
3.85 The DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and final plats.
3.9 Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities
access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act
and as provided by Minnesota Rules, chapter 1341, must:
3.91 Comply with Sections 6.0 to 12.0; or
3.92 If Sections 6.0 to 12.0 cannot be complied with, ramps or other facilities are allowed with an administrative permit
provided:
A. The permit terminates on either a specific date or upon occurrence of a particular event related to the person
requiring accommodation; and
B. Upon expiration of the permit, the ramp or other facilities must be removed.
4.0 MRCCA DISTRICTS
4.1 Purpose. The purpose of this Section is to establish districts under which building height and structure placement are
regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built
character of each district.
4.2 District description and management purpose. The MRCCA within the (City or Town) is divided into the following MRCCA
Districts:
4.21 Rural and Open Space (ROS).
A. Description. The ROS District is characterized by rural and low-density development patterns and land uses,
and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high
ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the
district.
B. Management purpose. The ROS District must be managed to sustain and restore the rural and natural
character of the corridor and to protect and enhance habitat, parks and open space, public river corridor
views, and scenic, natural, and historic areas.
4.22 River Neighborhood (RN).
A. Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily
visible from the river or that abut riparian parkland. The district includes parks and open space, limited
commercial development, marinas, and related land uses.
B. Management purpose. The RN District must be managed to maintain the character of the river corridor within
the context of existing residential and related neighborhood development, and to protect and enhance
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habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing
erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation
are priorities in the district.
4.23 River Towns and Crossings (RTC).
A. Description. The RTC District is characterized by historic downtown areas and limited nodes of intense
development at specific river crossings, as well as institutional campuses that predate designation of the
MRCCA, and that include taller buildings.
B. Management purpose. The RTC district must be managed in a manner that allows continued growth and
redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to
accommodate compact walkable development patterns and connections to the river. Minimizing erosion and
the flow of untreated storm water into the river, providing public access to and public views of the river, and
restoring natural vegetation in riparian areas and tree canopy are priorities in the district.
4.24 Separated from River (SR).
A. Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The
district includes land separated from the river by distance, topography, development, or a transportation
corridor. The land in this district is not readily visible from the Mississippi River.
B. Management purpose. The SR district provides flexibility in managing development without negatively
affecting the key resources and features of the river corridor. Minimizing negative impacts to primary
conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are
priorities in the district.
4.25 Urban Mixed (UM).
A. Description. The UM District includes large areas of highly urbanized mixed use that are a part of the urban
fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and
open space.
B. Management purpose. The UM District must be managed in a manner that allows for future growth and
potential transition of intensely developed areas that does not negatively affect public river corridor views and
that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion
and flow of untreated storm water into the river, and providing public access to and public views of the river
are priorities in the district.
4.26 Urban Core (UC).
A. Description. The UC District includes downtown.
B. Management purpose. The UC District must be managed with the greatest flexibility to protect commercial,
industrial, and other high-intensity urban uses, while minimizing negative impacts to primary conservation
areas and minimizing erosion and flow of untreated storm water into the river. Providing public access to and
public views of the river are priorities in the district.
4.3 MRCCA district map. The locations and boundaries of the MRCCA districts established by this (section, chapter, or article)
are shown on (insert name of MRCCA Overlay District map) which is incorporated herein by reference. The district
boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal
boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided
property, the district boundary line is determined by use of dimensions or the scale appearing on the map.
5.0 SPECIAL LAND USE PROVISIONS
5.1 Purpose. To identify development standards and considerations for land uses that have potential to negatively impact
primary conservation areas and public river corridor views.
5.2 Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for
the following land uses:
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5.21 Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water level and within the
bluff impact zone.
5.22 Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure
storage areas must conform with Minnesota Rules, chapter 7020.
5.23 Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be
consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best
Management Practices in Minnesota.
5.24 Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit issued by the
local government, subject to the following:
A. New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the
required structure setback from the bluffline and OHWL;
B. Processing machinery must be located consistent with setback standards for structures as provided in Section
6.3;
C. Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each
mining operation;
D.New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be
screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic
mining areas are limited to only the barge loading area;
E. A site management plan must be developed by the operator and approved by the local government before
new nonmetallic mining commences. Operations must be consistent with the site plan throughout the
duration of operations at the site. The site management plan must:
(1) Describe how the site will be developed over time with an emphasis on minimizing environmental risk to
public waters;
(2) Explain where staged reclamation may occur at certain points during the life of the site;
(3) Address dust, noise, storm water management, possible pollutant discharges, days and hours of
operation, and duration of operations; and
(4) Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans
consistent with the stated end use for the land; and;
F. Existing and new nonmetallic mining operations must submit land reclamation plans to the local government
compatible with the purposes of this ordinance.
5.25 River-dependent uses. River-dependent uses must comply with the following design standards:
A. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-
dependent uses as provided in Section 12.0, must meet the dimensional and performance standards in this
(section, chapter, or article), must be designed so that they are not readily visible, and must be screened by
establishing and maintaining natural vegetation;
B. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must:
(1) Be designed in a compact fashion so as to minimize the shoreline area affected; and
(2) Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served;
and
C. Dredging and placement of dredged material are subject to existing federal and state permit requirements
and agreements.
5.26 Wireless communication towers. Wireless communication towers require a conditional or interim use permit and
are subject to the following design standards:
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A. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at
a lower height, or a tower at a location outside of the MRCCA;
B. The tower must not be located in a bluff or shore impact zone; and
C. Placement of the tower must minimize impacts on public river corridor views.
D. Comply with the general design standards in Section 8.2.
6.0STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE
6.1 Purpose. To establish standards that protect primary conservation areas and public river corridor views from development
impacts and ensure that new development is sited consistent with the purpose of the MRCCA.
6.2 Structure height. Structures and facilities must comply with the following standards unless identified as exempt in Section
12.0.
6.21 Structures and facilities must comply with the following standards unless identified as exempt in Section 12.0.
A. ROS District: 35 feet (or lower).
B. RN District: 35 feet.
C. RTC District: 48 feet (or lower), provided tiering of structures away from the Mississippi River and from
blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure
design and placement minimizes interference with public river corridor views. Structures over 48 feet (or
lower) and up to (fill in a max. height) are allowed as a conditional use according to Section 6.23.
D. SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of
the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the
opposite shore.
E. UM District: 65 feet, provided tiering of structures away from the Mississippi River and from blufflines is given
priority, with lower structure heights closer to the river and blufflines, and that structure design and
placement minimize interference with public river corridor views. Structures over 65 feet (or lower) and up to
(fill in a max. height) are allowed as a conditional use according to Section 6.23.
F. UC District: Height is determined by underlying zoning, provided tiering of structures away from the
Mississippi River and blufflines be given priority, with lower structure heights closer to the river and blufflines,
and structure design and placement minimize interference with public river corridor views.
6.22 Height is measured on the side of the structure facing the Mississippi River.
6.23 In addition to the conditional use permit requirements of Section 3.4, criteria for considering whether to grant a
conditional use permit for structures exceeding the height limits must include:
A. Assessment of the visual impact of the proposed structure on public river corridor views, including views from
other communities;
B. Determination that the proposed structure meets the required bluff and OHWL setbacks;
C. Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:
(1) Placing the long axis of the building perpendicular to the river;
(2) Stepping back of portions of the facade;
(3) Lowering the roof pitch or use of a flat roof;
(4) Using building materials or mitigation techniques that will blend in with the natural surroundings such
as green roofs, green walls, or other green and brown building materials;
(5) Narrowing the profile of upper floors of the building; or
(6) Increasing the setbacks of the building from the Mississippi River or blufflines;
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D. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and
E. Opportunities for creation or enhancement of public river corridor views.
6.3 Structure and impervious surface placement.
6.31 Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an
exemption in Section 12.0.
6.32 Structures and facilities must comply with the following OHWL setback provisions unless identified as exempt in
Section 12.0.
A. ROS District: 200 feet from the Mississippi River and 150 feet from the Minnesota and Vermillion Rivers.
B. RN District: 100 feet from the Mississippi River and 75 feet from the Rum and Vermillion Rivers.
C. RTC District: 75 feet from the Mississippi, Crow, and Rum Rivers.
D. SR District: 75 feet from the Vermillion River.
E. UM District: 50 feet from the Mississippi River.
F. UC District: Setbacks are determined by underlying zoning.
6.33 Structures and facilities must comply with the following bluffline setback provisions unless identified as exempt in
Section 12.0:
A. ROS District: 100 feet.
B. RN District: 40 feet.
C. RTC District: 40 feet.
D. SR District: 40 feet.
E. UM District: 40 feet.
F. UC District: 40 feet.
6.34 Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum
setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk
riverward or bluffward of the setbacks required under Sections 6.32 and 6.33 are consistent with adjoining
development. See Figure 6.
Figure 6. Structure Setback Averaging
6.35 Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75
feet from the ordinary high water level of the Mississippi River and all other public waters.
6.4 Lot size and buildable area.
6.41 The width of lots abutting the Mississippi River in the ROS District must be at least 200 feet, unless alternative
design methods are used that provide greater protection of the riparian area.
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6.42 All new lots must have adequate buildable area to comply with the setback requirements of Sections 6.32 and 6.33
so as to not require variances to use the lots for their intended purpose.
7.0PERFORMANCE STANDARDS FOR PRIVATE FACILITIES
7.1 Purpose. To establish design standards for private facilities that are consistent with best management practices and that
minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA
plan.
7.2 General design standards. All private facilities must be developed in accordance with the vegetation management and
land alteration requirements in Sections 9.0 and 10.0.
7.3 Private roads, driveways, and parking areas. Except as provided in Section 12.0, private roads, driveways and parking
areas must:
7.31 Be designed to take advantage of natural vegetation and topography so that they are not readily visible;
7.32 Comply with structure setback requirements according to Section 6.3; and
7.33 Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section 12.0 and designed
consistent with Section 8.2.
7.4 Private water access and viewing facilities.
7.41 Private access paths must be no more than:
A. Eight feet wide, if placed within the shore impact zone; and
B. Four feet wide, if placed within the bluff impact zone.
7.42 Private water access ramps must:
; and
A. Comply with Minnesota Rules, chapters 6115.0210 and 6280.0250
B. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational
Boating and Fishing Facilities.
7.43 Design and construction of private stairways, lifts, and landings are subject to the following standards:
A. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for
commercial properties and residential facilities held in common, if approved by (insert name of LGU permit or
approval type);
B. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than
32 square feet area allowed for commercial properties and residential facilities held in common, if approved
by (insert name of LGU permit or approval type);
C. Canopies or roofs are prohibited on stairways, lifts, or landings;
D. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and
E. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving
access to shore areas according to Section 7.43 A. – D, and as provided under Section 3.9.
7.45 One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the
ordinary high water level, with one additional water-oriented accessory structure allowed for each additional 300
feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact
zone and must:
A. Not exceed 12 feet in height;
B. Not exceed 120 square feet in area; and
C. Be placed a minimum of 10 feet from the ordinary high water level.
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7.5 Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary
high water level and blufflines without a variance, when consistent with Sections 9.0 and 10.0, provided that:
7.51 The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required
structure setback;
7.52 the area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the
total area between the required setback and the 15 percent using the formula:
\[Required setback depth (feet) x 0.15 x lot width (feet) = maximum total area\]
7.53 The deck or patio does not extend into the bluff impact zone. See Figure 7.
Figure 7. Deck and Patio Encroachment
7.6 Off-premise and directional signs.
7.61 Off-premise advertising signs must:
A. Meet required structure placement and height standards in Sections 6.2 and 6.3.
B. Not be readily visible
7.62 Directional signs for patrons arriving at a business by watercraft must comply with the following standards:
A. They must be consistent with Minnesota Statutes, section 86B.115.
B. Only convey the location and name of the establishment and the general types of goods and services
available, if located in a shore impact zone.
C. Be no greater than ten feet in height and 32 square feet in surface area; and
D. If illuminated, the lighting must be fully shielded and directed downward to prevent illumination out across
the river or to the sky.
7.7 Fences. Fences between principal structures and the river are allowed if fences are:
7.71 Not higher than six feet.
7.72 Not located within the SIZ and BIZ
7.73 Not located in the regulatory floodplain.
7.8 Lighting. Within the OHWL setback:
7.81 Lighting shall be fully shielded and directed away from the river.
7.82 Uplighting is prohibited.
8.0PERFORMANCE STANDARDS FOR PUBLIC FACILITIES
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8.1 Purpose. To establish design standards for public facilities that are consistent with best management practices and that
minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA
plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require
locations in or adjacent to the river corridor and therefore require some degree of flexibility.
8.2 General design standards. All public facilities must be designed and constructed to:
8.21 Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;
8.22 Comply with the structure placement and height standards in Section 6.0, except as provided in Section 12.0;
8.23 Be consistent with the vegetation management standards in Section 9.0 and the land alteration and storm water
management standards in Section 10.0, including use of practices identified in Best Practices for Meeting DNR
General Public Waters Work Permit GP 2004-0001, where applicable;
8.24 Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary
conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize
impacts; and
8.25 Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and
wildlife are not spawning or nesting.
8.26 Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are
not migrating or nesting.
8.3 Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards:
8.31 Vegetation currently in a natural state must be maintained to the extent feasible;
8.32 Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-
of-way; and
8.33 Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary,
chemicals used must be in accordance with the regulations and other requirements of all state and federal
agencies with authority over the chemical’s use.
8.4 Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner are subject to
approval by the commissioner according to Minnesota Statutes, sections 84.415 and 103G.245.
8.5 Public utilities. Public utilities must comply with the following standards:
8.51 High-voltage transmission lines, wind energy conversion systems greater than five megawatts, and pipelines are
regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and
8.52 If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river be
hidden from viewand follow other existing right of ways as much as practicable.
8.53 The appearance of structures must be as compatible as practicable with the surrounding area in a natural state
with regard to height and width, materials used, and color.
8.54 Wireless communication facilities, according to Section 5.26.
8.6 Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards
in Section 6.0. Where such facilities intersect or about two or more MRCCA districts, the least restrictive standards apply.
Public transportation facilities must be designed and constructed to give priority to:
8.61 Providing scenic overlooks for motorists, bicyclists, and pedestrians;
8.62 Providing safe pedestrian crossings and facilities along the river corridor;
8.63 Providing access to the riverfront in public ownership; and
8.64 Allowing for use of the land between the river and the transportation facility.
8.7 Public recreational facilities. Public recreational facilities must comply with the following standards:
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8.71 Buildings and parking associated with pubic recreational facilities must comply with the structure placement and
height standards in Section 6.0, except as provided in Section 12.0;
8.72 Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact
zones unless no other placement alternative exists. If no alternative exists, then design and construction must
minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.
8.73 Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views
of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and
maintenance methods are consistent with the best management practice guidelines in
Trail Planning, Design, and
Development Guidelines.
A. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural surface
trails are allowed, provided they do not exceed eight feet in width.
B. Trails, paths, and viewing areas must be designed and constructed to minimize:
(1) Visibility from the river;
(2) Visual impacts on public river corridor views; and
(3) Disturbance to and fragmentation of primary conservation areas.
8.74 Public water access facilities must comply with the following requirements:
; and
A. Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and 6280.0250
B. Facilities must be designed and constructed consistent with the standards in Design Handbook for
Recreational Boating and Fishing Facilities.
8.75 Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones,
provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on
public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward.
8.76 Public stairways, lifts, and landings must be designed as provided in Section 7.43.
9.0VEGETATION MANAGEMENT
9.1 Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve
the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability
of other erosion-prone areas.
9.2 Applicability. This section applies to:
9.21 Shore impact zones;
9.22 Areas within 50 feet of a wetland or natural drainage route;
9.23 Bluff impact zones;
9.24 Areas of native plant communities; and
9.25 Significant existing vegetative stands identified in the MRCCA plan.
9.3 Activities allowed without a vegetation permit.
9.31 Maintenance of existing lawns, landscaping and gardens;
9.32 Removal of vegetation in emergency situations as determined by (insert name of LGU);
9.33 Right-of-way maintenance for public facilities meeting the standards Section 8.3;
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9.34 Agricultural and forestry activities meeting the standards of Sections 5.21 and 5.23;
9.35 Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of
the MRCCA District, including removal of:
A. Vegetation that is dead, diseased, dying, or hazardous;
B. Vegetation to prevent the spread of diseases or insect pests;
C. Individual trees and shrubs; and
D. Invasive non-native species.
9.4 Activities allowed with a vegetation permit.
9.41 Only the following intensive vegetation clearing activities are allowed with a vegetation permit:
A. Clearing of vegetation that is dead, diseased, dying, or hazardous;
B. Clearing to prevent the spread of diseases or insect pests;
C. Clearing to remove invasive non-native species.
D. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved
by (insert name of LGU or name of resource agency).
E. The minimum necessary for development that is allowed with a building permit or as an exemption under
Section 12.0.
9.42 General Performance Standards. The following standards must be met, in addition to a restoration plan under
Section 9.6, in order to approve a vegetation permit:
A. Development is sited to minimize removal of or disturbance to natural vegetation;
B. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a
professional engineer or (insert name of resource agency, if someone other than professional engineer is
desired);
C. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts
to public river corridor views and other scenic views;
D. Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for
the least possible time, and to avoid bird migration and nesting seasons; and
E. Any other condition determined necessary to achieve the purpose of this section.
9.5 Prohibited activities. All other intensive vegetation clearing is prohibited.
9.6 Vegetation restoration plan.
9.61 Development of a vegetation restoration plan and reestablishment of natural vegetation is required:
A. For any vegetation removed with a permit under Section 9.41;
B. Upon failure to comply with any provisions in this section; or
C. As part of the planning process for subdivisions as provided in Section 11.0.
9.62 Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal
requirements in 3.6, and:
A. Vegetation must be restored in one or more of the following restoration priority areas:
(1) Stabilization of erodible soilsAreas with soils showing signs of erosion, especially on or near the top and
bottom of steep slopes and bluffs;
(2) Restoration or enhancement of shoreline vegetationShoreline areas within 25 feet of the water with no
natural vegetation, degraded vegetation, or planted with turf grass;
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(3) Revegetation of bluffs or steep slopes visible from the riverAreas on steep slopes and bluffs that are
visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or
(4) Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of
the above exist.
B. Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration
capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native
plant communities and by Native Vegetation Establishment and Enhancement Guidelines;
C. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted
vegetation with a high stem density;
D. Vegetation removed must be restored with natural native vegetation to the greatest extent practicable. The
area (square feet) of the restored vegetation should be similar to that removed to the greatest extent
practicable.
E.For restoration of removed native plant communities, restored vegetation must also provide biological and
ecological function equivalent to the removed native plant communities. The area (square feet) of the
restored vegetation should be equivalent to that removed;
F. Be prepared by a qualified individual; and
G. Include a maintenance plan that includes management provisions for controlling invasive species and
replacement of plant loss for three years.
9. 63 A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied.
10.0 LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT
10.1 Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and
other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.
10.2 Land alteration.
10.21 Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit.
A. Erosion control consistent with a plan approved by the local government or resource agency and consistent
with Section 10.6;
B. The minimum necessary for development that is allowed as an exception under Section 12; and
C. Repair and maintenance of existing buildings and facilities.
10.22 Within the water quality impact zone, land alteration that involves more than ten cubic yards of material or affects
an area greater than 1,000 square feet requires a permit.
10.3 Rock riprap, retaining walls, and other erosion control structures.
10.31 Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at
or below the OHWL must comply with Minnesota Rules, chapters 6115.0215, subpart 4, item E, and 6115.0216,
subpart 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of
Engineers, and any other permits are obtained. See Figure 8.
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Figure 8. Riprap Guidelines
10.32 Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff
impact zone and the water quality impact zone are allowed with a permit consistent with provisions of Section
10.6 provided that:
A. If the project includes work at or below the OHWL, the commissioner has already approved or permitted the
project.
B. The structures are used only to correct an established erosion problem as determined by the (insert name of
LGU and/or resource agency).
C. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not
larger than the following, unless a professional engineer determines that a larger structure is needed to
correct the erosion problem:
(1) Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of
ten feet apart; and
(2) Riprap must not exceed the height of the regulatory flood protection elevation.
10.33 Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not
require a permit provided it does not involve any land alteration.
10.4 Stormwater management.
10.41 In the bluff impact zone, storm water management facilities are prohibited, except by permit if:
A. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;
B. The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced
to the greatest extent practicable;
C. The construction and operation of the facility does not affect slope stability on the subject property or
adjacent properties; and
D. Mitigation based on the best available engineering and geological practices is required and applied to
eliminate or minimize the risk of slope failure.
10.42 In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in
Section 12.0, or fully reconstructs existing impervious surface of more than 10,000 square feet requires a storm
water permit . Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip
that is at least five feet wide.
10.43 In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas.
10.5 Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or
other construction activities are allowed on steep slopes if:
10.51 The development can be accomplished without increasing erosion or storm water runoff;
10.52 The soil types and geology are suitable for the proposed development; and
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10.53 Vegetation is managed according to the requirements of Section 9.0.
10.6 Conditions of land alteration permit approval.
10.61 Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best
management practices in the Minnesota Stormwater Manual;
10.62 Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and
sedimentation;
10.63 Construction activity is phased when possible;
10.64 All erosion and sediment controls are installed before starting any land disturbance activity;
10.65 Erosion and sediment controls are maintained to ensure effective operation;
10.66 The proposed work is consistent with the vegetation standards in Section 9.0; and
Best
10.67 Best management practices for protecting and enhancing ecological and water resources identified in
Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001.
10.7 Compliance with other plans and programs. All development must:
10.71 Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under chapter
8410;
10.72 Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and
10.73 Meet or exceed the floodplain management standards under Minnesota Rules, chapter 6120. 5000 – 6120.6200
11.0 SUBDIVISION AND LAND DEVELOPMENT STANDARDS
11.1 Purpose.
11.11 To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the
remaining large sites
11.12 To establish standards for protecting and restoring biological and ecological functions of primary conservation
areas on large sites; and
11.13 To encourage restoration of natural vegetation during development or redevelopment of large sites where
restoration opportunities have been identified in MRCCA Plans.
11.2 Applicability.
11.21 The design standards in this section apply to subdivisions, planned unit developments and master- planned
development and redevelopment of land involving ten or more acres for contiguous parcels that abut the
Mississippi River and 20 or more acres for all other parcels, including smaller individual sites within the following
developments that are part of a common plan of development that may be constructed at different times:
A. Subdivisions;
B. Planned unit developments; and
C. Master-planned development and redevelopment of land.
11.22 The following activities are exempt from the requirements of this section:
A. Minor subdivisions consisting of three or fewer lots;
B. Minor boundary line corrections;
C. Resolutions of encroachments;
D. Additions to existing lots of record;
E. Placement of essential services; and
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F. Activities involving river-dependent commercial and industrial uses.
11.3 Application materials. Project information listed in Section 3.6 must be submitted for all proposed developments.
11.4 Design standards.
11.41 Primary conservation areas, where they exist, must be set aside and designated as protected open space in
quantities meeting the following as a percentage of total parcel area:
A. CA-ROS District: 50%;
B. CA-RN District: 20%;
C. CA-RTC, CA-UM, and CA-UC Districts: 10%; and
D. CA-SR District: 10% if the parcel includes native plant communities or provides feasible connections to a
regional park or trail system, otherwise no requirement.
11.42 If the primary conservation areas exceed the amounts specified in Section 11.41, then protection of native plant
communities and natural vegetation in riparian areas shall be prioritized.
11.43 If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the
MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation
areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be
restored according to Section 9.62.
11.44 If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the
MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to Section 9.62
and the area must be set aside and designated as protected open space.
11.45 Storm water treatment areas or other green infrastructure may be used to meet the protected open space
requirements if the vegetation provides biological and ecological functions.
11.46 Land dedicated under (insert LGU ordinance citation) for public river access, parks, or other open space or public
facilities may be counted toward the protected open space requirement.
11.47 Protected open space areas must connect open space, natural areas, and recreational areas, where present on
adjacent parcels, as much as possible to form an interconnected network.
11.5 Permanent protection of designated open space.
11.51 Designated open space areas must be protected through one or more of the following methods:
A. Public acquisition by a government entity for conservation purposes;
B. A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C;
C. A deed restriction; and
D. Other arrangements that achieve an equivalent degree of protection.
11.52 Permanent protection methods must ensure the long-term management of vegetation to meet its biological and
ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public
recreational facilities and access to the river.
11.6 Alternative design standards.
12.0 EXEMPTIONS
12.1 Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access
dependent facilities as provided in Minnesota Statutes 116G.15 Subd. 4.
12.2 Applicability.
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12.21 Uses and activities not specifically exempted must comply with this (section, chapter, or article). Uses and activities
exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land
alteration standards in Sections 9 and 10.
12.22 Uses and activities in Section 12.3 are categorized as:
A. Exempt – E. This means that the use or activity is allowed;
B. Exempt if no alternative - (E). This means that the use or activity is allowed only if no alternatives exist; and
C. Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this
ordinance.
12.3 Use and activity exemptions classification.
12.31 General uses and activities.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Industrial and utility structures requiring greater N E N NStructure design and placement
height for operational reasons (such as elevators, must minimize interference with
refineries and railroad signaling towers) public river corridor views.
Barns, silos, and farm structuresN E N N
Bridges and bridge approach roadwaysE E E (E) Section 8
Wireless communication towers E E N NSection 5.26
Chimneys, church spires, flag poles, public N E N N
monuments, and mechanical stacks and
equipment
Historic properties and contributing properties in E E E EExemptions do not apply to
historic districtsadditions or site alterations
Buildings and structures on the face of or abutting E n/an/aEHeight in CA-UC district is
the bluff in the CA-UC district of St. Paul, between governed by underlying zoning
Chestnut Street and Highway 52.
12.32 Public utilities.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Electrical power facilities E E E (E) Section 8
Essential services (other than storm water E E E (E) Section 8
facilities)
Storm water facilities E N E (E) Section 10
Wastewater treatment E N E NSection 8
Public transportation facilities E N (E)(E) Section 8
12.33 Public recreational facilities.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Accessory structures, such as monuments, E E (E)(E) Section 8; within BIZ, only on
flagpoles, light standards, and similar park features slopes averaging less than 30%.
Exemptions do not apply to
principal structures.
Picnic shelters and other open-sided structures E N (E)NSection 8
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Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Parking lots (E)N (E)(E) Section 8; within BIZ, only within
20 feet of toe of bluff; not on
face of bluff; and must not affect
stability of bluff
Roads and driveways (E)N (E)(E) Section 8
Natural-surfaced trails, access paths, and viewing ENEESection 8
areas
Hard-surfaced trails and viewing platforms E N E (E) Section 8; within BIZ, only on
slopes averaging less than 30%
Water access rampsENE(E)Section 8
Public signs and kiosks for interpretive or E N E (E) Section 8
directional purposes
12.34 River-dependent uses.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limitsthe use or activity must comply
1
Shoreline facilities E N E (E) Section 5.25. Exemptions do not
apply to buildings, structures,
and parking areas that are not
part of a shoreline facility
1
Private roads and conveyance structures serving E N E (E) Section 5.25
river-dependent uses
12.35 Private residential and commercial water access and use facilities.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Private roads serving 3 or more lots(E)N N (E) Section 7; in BIZ, only on slopes
averaging less than 30%.
Exemption does not apply to
private roads serving fewer 3 lots
or to private driveways and
parking areas
Access paths E N E ESection 7
Water access rampsE N E NSection 7
Stairways, lifts, and landingsE N E ESection 7
Water-oriented accessory structures E N E NSection 7
Patios and decks E N N NSection 7.5
Directional signs for watercraft (private) E N E NSection 7.6; exemption does not
apply to off-premise advertising
signs
Temporary storage of docks, boats, and other E N E N
equipment during the winter months
Erosion control structures, such as rock riprap and E N E (E) Sections 10.3, 10.5 and 10.6
retainingwalls
Flood control structures E N E (E) Section 10
1
River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for
operational reasons.
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Attachment 4
DIVISION 8. - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA AND SLOPES
Sec. 18-581. - Definitions.
\[The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:\]
NOTE: Add additional definitions from model ordinance as needed.
Bluff means a natural topographic feature having a slope that rises at least 25 feet and the grade of
the slope averages 18 percent or greater, measured over a horizontal distance of 25 feet from the toe of
the slope to the top of the slope Where the slope begins below the ordinary high water level, the ordinary
high water level is the toe of the slope.
Bluff impact zone(BIZ) means land located within 20 feet of the top or bottom of the bluff.
Bluff, Toe of means a line along the bottom of a bluff, requiring field verification, such that the slope above
the line exceeds 18 percent and the slope below the line is 18 percent or less, measured over a
horizontal distance of 25 feet.
Bluff, Top of means a line along the top of a bluff, requiring field verification, such that the slope below the
line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a horizontal
distance of 25 feet.
Bluffline means a line delineating the a top of the bluff. a slope with direct drainage to a
protected water, connecting the points at which the slope becomes less than 18 percent. More
than one bluffline may be encountered proceeding landward from the rivera protected water.
Mississippi River Corridor Critical Area (MRCCA) areameans the area within the Mississippi
River Corridor BoundaryArea bounded by Carver Avenue, I-494 and the city limits.
Mississippi River Corridor Critical Area (MRCCA) Plan is a chapter in the Maplewood
comprehensive plan.
Nonconformity has the meaning given under Minnesota Statutes, section 394.22.
Primary conservation areas (PCAs) means key resources and features, including bluff impact
zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage
routes, unstable soils and bedrock, native plant communities, cultural and historic properties,
and significant existing vegetative stands, tree canopies, and other resources identified in local
government plans.
Public river corridor views (PRCVs) means views toward the river from public parkland, historic
properties, and public overlooks, as well as views toward bluffs from the ordinary high water
level of the opposite shore, as seen during the summer months and documented in the MRCCA
plan/chapter of the comprehensive plan.
Public Protected waters, formerly referred to as "public waters," has the meaning given under
Minnesota Statutes, section 103G.005.means any water defined in Minn. Stats. § 105.37,
subdiv. 14.
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River corridor boundary is the boundary approved and adopted by the Metropolitan Council
under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in
Minnesota Statutes, section 116G.15, and as legally described in the Sate Register, volume 43,
pages 508 to 518.
Significant natural feature means a significant water body, a large tree, a woodlot, a significant
slope or a site of historical or archeological significance that has been recorded with the state.
Steep Significant slope means a natural topographic feature with an average slope of 12 to 18
percent, measured over a horizontal distance equal to or greater than 50 feet, and any slope
greater than 18 percent that are not bluffs.slope of 25 percent or more grade over an area at
least 200 feet in length (top to bottom) and 500 feet in width (side to side).
Significant water body means a water body shown on the city drainage plan or a water body
over one acre in area.
Structure means a building, sign, or appurtenance thereto, except for aerial or underground
utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and
other supporting appurtenances.ny thing manufactured, constructed or erected which is
normally attached to or positioned on land, including portable structures.
Sec. 18-582.- Policy. The Legislature of Minnesota has delegated responsibility to local
governments of the state to regulate the subdivision, use and development of designated critical
areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values,
and natural systems and provide for the wise use of these areas.
Sec. 18-583582.- Generally.
(a) Jurisdiction. The provisions of this section apply to land within the river corridor
boundary as described in the State Register, volume 43, and pages 508 to 519
and shown on the Maplewood zoning map as the MRCCA overlay district.
(b) Enforcement. The City Manager or his or her designee is responsible for the
administration and enforcement of this section. Any violation of its provisions or
failure to comply with any of its requirements including violations of conditions
and safeguards established in connection with grants of variances or conditional
uses constitutes a misdemeanor and is punishable as defined by law. Violations
of this section can occur regardless of whether or not a permit is required for a
regulated activity listed in Section XX.
(c) Severability. If any section, clause, provision, or portion of this section is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected thereby.
(d) Abrogation and Greater Restrictions.It is not intended by this section to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this section imposes greater restrictions, the provisions of this
section shall prevail. All other sections or ordinances inconsistent with this
section are hereby repealed to the extent of the inconsistency only.
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(e) Underlying Zoning.Uses and standards of underlying zoning districts apply
except where standards of this overlay district are more restrictive.
(a)Under this division all plans and the conduct of all grading, landscaping, structure
placement, and street routing shall be consistent with the city's comprehensive
plan, and for development in the Mississippi River Corridor Critical Area, the
Maplewood Critical Area Plan.
(b) The proposed development shall not lessen existing public access to and along a
protected water.
(c) The proposed development shall be designed, constructed and maintained to
avoid causing:
(1) Erosion.
(2) Pollution, contamination or siltation of water bodies or storm sewers.
(3) Flooding.
(4) Groundwater contamination.
(5) Alteration of significant natural features.
(d) Development shall not substantially diminish the scientific, historical, educational,
recreational or aesthetic value of unique natural areas, plants and animals, which
are registered with the state as such, and shall not substantially alter their
reproductive cycles.
(e) Views of protected waters from buildings or public streets shall not be impaired
by the placement of advertising signs.
Sec. 18-584. Administration.
(a) Permits. A permit is required for the construction of buildings or building
additions (including construction of decks and signs), the installation and/or
alteration of sewage treatment systems, vegetation removal consistent with
Section XX and land alterations consistent with Section XX.
(b) Variances. Variances to the requirements under this section may only be
granted in accordance with Minnesota Statutes, Section 462.357 and must
consider the potential impacts of variances on primary conservation areas, public
river corridor views, and other resources identified in the MRCCA plan. In
reviewing the variance application, the City Council shall:
(1) Evaluate the impacts to these resources. If negative impacts are found,
require conditions to mitigate the impacts that are related to and
proportional to the impacts, consistent with Section XX;and
(2) Make written findings that the variance is consistent with the purpose of
this section as follows:
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(a) The extent, location and intensity of the variance will be in
substantial compliance with the MRCCA Plan;
(b) The variance is consistent with the character and management
purpose of the MRCCA district in which it is located;
(c) The variance will not be detrimental to PCAs and PRCVs nor will it
contribute to negative incremental impacts to PCAs and PRCVs
when considered in the context of past, present and reasonable
future actions; and
(d) The variance will not negatively impact (insert other MRCCA plan-
identified resources).
(c) Conditional use permits. All conditional uses required under this section must
comply with Minnesota Statutes, section 462.3595and must consider the
potential impacts on PCAs,PRCVs, and other resources identified in the MRCCA
plan. In reviewing the application, the City Council shall:
(1) Evaluate the impacts to these resources and if negative impacts are
found, require conditions to mitigate the impacts that are related to and
proportional to the impacts, consistent with Section XX3.5;and
(2) Make written findings that the conditional use is consistent with the
purpose of this section as follows.
(a) The extent, location and intensity of the conditional use will be in
substantial compliance with the MRCCA Plan;
(b) The conditional use is consistent with the character and
management purpose of the MRCCA district in which it is located;
(c) The conditional use will not be detrimental to PCAs and PRCVs
nor will it contribute to negative incremental impacts to PCAs and
PRCVs when considered in the context of past, present and
reasonable future actions; and
(3) Conditions of Approval. The City Council shall evaluate the impacts to
PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if
negative impacts are found, require conditions to mitigate the impacts that
are related to and proportional to the impacts. Mitigation may include:
(a) Restor
priorlan.
(b) Preservation of existing vegetation;
(c) Stormwater runoff management;
(d) Reducing impervious surface;
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(e) Increasing structure setbacks;
(f) Wetland and drainage route restoration and/or preservation;
(g) Limiting the height of structures
(h) Modifying structure design to limit visual impacts on PRCVs; and
(i) Other conservation measures.
(4) Application materials. Applications for permits and discretionary actions
required under this section must submit the following information unless
the City Manager or his or her designee determines that the information is
not needed.
(a) A detailed project description; and
(b) Scaled maps and plans, dimensional renderings, maintenance
agreements, and other materials that identify and describe:
(1) Primary conservation areas;
(2) Public river corridor views;
(3) Buildable area;
(4) Existing and proposed topography and drainage patterns;
(5) Proposed stormwater and erosion and sediment control
practices;
(6) Existing and proposed vegetation to be removed and
established;
(7) Ordinary high water level, bluff lines, and all required
setbacks;
(8) Existing and proposed structures;
(9) Existing and proposed impervious surfaces; and
(10) Existing and proposed subsurface sewage treatment
systems.
(d) Nonconformities.
(1) All legally established nonconformities as of the date of this ordinance
may continue consistent with Minnesota Statutes, Section 462.357 Subd.
1e.
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(2) New structures erected in conformance with the setback averaging
provisions of Section XX6.34 are conforming structures.
(3) Site alterations and expansion of site alterations that were legally made
prior to the effective date of this ordinance are conforming. Site
alterations include vegetation, erosion control, stormwater control
measures, and other nonstructural site improvements.
(4) Legally nonconforming principal structures that do not meet the setback
requirements of Section XX6.3 may be expanded laterally provided that:
(a) The expansion does not extend into the shore or bluff impact zone
or further into the required setback than the building line of the
existing principal structure; and
(b)
the original structure and existing surrounding development.
(e) Notifications.
(1) Amendments to this section and to the MRCCA plan must be submitted to
the Commissioner as provided in Minnesota Rules, part 6106.0070,
Subp. 3, Items B I.
(2) Notice of public hearings for discretionary actions, including conditional
and interim use permits, variances, appeals, rezonings, preliminary plats,
final subdivision plats, master plans, and PUDs, must be sent to the
following entities at least thirty (30) ten (10) days prior to the hearing:
(a) The Commissioner in a format prescribed by the Minnesota
Department of Natural Resources;
(b) National Park Service; and
(c) Where building heights exceed the height limits specified in
Section XX6.2 as part of the conditional use or variance process,
adjoining local governments within the MRCCA, including those
with overlapping jurisdiction and those across the river.
(3) Notice of final decisions for actions in Section XX3.71, including findings
of fact, must be sent to the Commissioner, the National Park Service, and
adjoining local governments within the MRCCA within ten (10) days of the
final decision.
(4) Requests to amend district boundaries must follow the provisions in
Minnesota Rules, part 6106.0100, Subp. 9, Item C.
(5) The Minnesota Department of Natural Resources DNR will be notified at
time of application submittal of master plans, PUDs, preliminary, and final
plats.
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(f) Accommodating disabilities. Reasonable accommodations for ramps or other
required by the federal Americans with Disabilities Act and the federal Fair
Housing Act and as provided by Minnesota Rules, chapter 1341, must:
(1) Comply with Sections XX6.0 to XX12.0; or
(2) If Sections XX6.0 to XX12.0 cannot be complied with, ramps or other
facilities are allowed with an administrative permit provided:
(a) The permit terminates on either a specific date or upon
occurrence of a particular event related to the person requiring
accommodation; and
(b) Upon expiration of the permit, the ramp or other facilities must be
removed.
Sec. 18-585.- MRCCA District
(a) Purpose. The purpose of this section is to establish districts under which building
height and structure placement are regulated to protect and enhance the
character of each district.
(b) District description and management purpose. The MRCCA in the City is
classified as Rural and Open Space (ROS).
(c) Description. The ROS District is characterized by rural and low-density
development patterns and land uses, and includes land that is riparian or visible
from the river, as well as large, undeveloped tracts of high ecological and scenic
value, floodplain, and undeveloped islands. Many primary conservation areas
exist in the district.
(d) Management purpose. The ROS District must be managed to sustain and restore
the rural and natural character of the corridor and to protect and enhance habitat,
parks and open space, public river corridor views, and scenic, natural, and
historic areas.
(e) MRCCA district map. The locations and boundaries of the MRCCA district
established by this section is shown on the Maplewood zoning map as the
MRCCA overlay district which is incorporated herein by reference. The district
boundary lines are intended to follow the centerlines of rivers and streams,
highways, streets, lot lines, and municipal boundaries, unless a boundary line is
otherwise indicated on the map. Where district boundaries cross unsubdivided
property, the district boundary line is determined by use of dimensions or the
scale appearing on the map.
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Sec.8-586. Special Land Use Provisions.
(a) Purpose. To identify development standards and considerations for land uses
that have potential to negatively impact primary conservation areas and public
river corridor views.
(b) Underlying zoning. Uses within the MRCCA are generally determined by
underlying zoning, with additional provisions for:
(1) Wireless communication towers. Wireless communication towers require
a conditional use permit per Section XXX and are subject to the following
design standards:
(a) The applicant must demonstrate that functional coverage cannot
be provided through co-location, a tower at a lower height, or a
tower at a location outside of the MRCCA;
(b) The tower must not be located in a bluff impact zone; and
(c) Placement of the tower must minimize impacts on public river
corridor views.
(d) Comply with the general design standards in Section XX8.2.
Sec. 18-587. Structure Height and Placement.
(a) Purpose. To establish standards that protect primary conservation areas and
public river corridor views from development impacts and ensure that new
development is sited consistent with the purpose of the MRCCA.
(b) Structure height.
(1) Structures and facilities are limited to 35 feet in height or lower unless
identified as exempt in Section XX12.0.
(2) In addition to the variance requirements of Section XX3.4, criteria for
considering whether to grant a variance for structures exceeding the
height limits must include:
(a) Assessment of the visual impact of the proposed structure on
public river corridor views, including views from other
communities;
(b) Determination that the proposed structure meets the required bluff
and OHWL setbacks;
(c) Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
(d) Placing the long axis of the building perpendicular to the river;
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(e) Stepping back of portions of the facade;
(f) Lowering the roof pitch or use of a flat roof;
(g) Using building materials or mitigation techniques that will blend in
with the natural surroundings such as green roofs, green walls, or
other green and brown building materials;
(h) Narrowing the profile of upper floors of the building; or
(i) Increasing the setbacks of the building from the Mississippi River
or blufflines;
(j) Identification of techniques for preservation of those view corridors
identified in the MRCCA Plan; and
(k) Opportunities for creation or enhancement of public river corridor
views.
(c) Structure and impervious surface placement.
(1) Structures and impervious surface must not be placed in the bluff impact
zones unless identified as an exemption in Section XX12.0.
(2) Structures and facilities must maintain a:
(a) 100-foot setback to a bluff line unless identified as exempt in
Section XX12.0; or
(b) An average setback of the adjoining lots. Where principal
structures exist on the adjoining lots on both sides of a proposed
building site, the minimum setback may be altered to conform to
the average of the adjoining setbacks, if the new structure's scale
and bulk bluff ward of the setbacks required under Sections
XX6.32 andXX6.33 are consistent with adjoining development.
Sec. 18-588. Performance Standards for Public Facilities.
(a) Purpose. To establish design standards for public facilities that are consistent
with best management practices and that minimize impacts to primary
conservation areas, public river corridor views and other resources identified in
the MRCCA plan. Public facilities serve the public interest by providing public
access to the Mississippi River corridor or require locations in or adjacent to the
river corridor and therefore require some degree of flexibility.
(b) General design standards. All public facilities must be designed and constructed
to:
(1) Minimize visibility of the facility from the river to the extent consistent with
the purpose of the facility;
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(2) Comply with the structure placement and height standards in Section
XX6.0, except as provided in Section XX12.0;
(3) Be consistent with the vegetation management standards in Section
XX9.0 and the land alteration and stormwater management standards in
Section XX10.0, including use of practices identified in Best Practices for
Meeting Minnesota Department of Natural Resources General Public
Waters Work Permit GP 2004-0001, where applicable;
(4) Avoid primary conservation areas, unless no alternative exists. If no
alternative exists, then disturbance to primary conservation areas must be
avoided to the greatest extent practicable, and design and construction
must minimize impacts; and
(5) Minimize disturbance of spawning and nesting times by scheduling
construction at times when local fish and wildlife are not spawning or
nesting.
(6) Minimize disturbance during bird migration and nesting times by
scheduling construction at times when birds are not migrating or nesting.
(c) Right-of-way maintenance standards. Right-of-way maintenance must comply
with the following standards:
(1) Vegetation currently in a natural state must be maintained to the extent
feasible;
(2) Where vegetation in a natural state has been removed, native plants must
be planted and maintained on the right-of-way; and
(3) Chemical control of vegetation must be avoided when practicable, but
when chemical control is necessary, chemicals used must be in
accordance with the regulations and other requirements of all state and
(d) Public utilities. Public utilities must comply with the following standards:
(1) High-voltage transmission lines, wind energy conversion systems greater
than five megawatts, and pipelines are regulated according to Minnesota
Statutes, chapter 216E,216F, and 216G respectively; and
(2) If overhead placement is necessary, utility facility crossings must
minimize visibility of the facility from the river be hidden from view and
follow other existing right of ways as much as practicable.
(3) The appearance of structures must be as compatible as practicable with
the surrounding area in a natural state with regard to height and width,
materials used, and color.
(4) Wireless communication facilities, according to Section XX5.26.
(e) Public transportation facilities. Public transportation facilities shall comply with
structure placement and height standards in Section XX6.0. Where such facilities
intersect or about two or more MRCCA districts, the least restrictive standards
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apply. Public transportation facilities must be designed and constructed to give
priority to:
(1) Providing scenic overlooks for motorists, bicyclists, and pedestrians;
(2) Providing safe pedestrian crossings and facilities along the river corridor;
(3) Providing access to the riverfront in public ownership; and
(4) Allowing for use of the land between the river and the transportation
facility.
(f) Public recreational facilities. Public recreational facilities must comply with the
following standards:
(1) Buildings and parking associated with pubic recreational facilities must
comply with the structure placement and height standards in Section
XX6.0, except as provided in Section XX12.0;
(2) Roads and driveways associated with public recreational facilities must
not be placed in the bluff impact zone unless no other placement
alternative exists. If no alternative exists, then design and construction
must minimize impacts to shoreline vegetation, erodible soils and slopes,
and other sensitive resources.
(3) Trails, access paths, and viewing areas associated with public
recreational facilities and providing access to or views of the Mississippi
River are allowed within the bluff impact zones if design, construction,
and maintenance methods are consistent with the best management
practice guidelines in Trail Planning, Design, and Development
Guidelines.
(a) Hard-surface trails are not allowed on the face of bluffs with a
slope exceeding 30 percent. Natural surface trails are allowed,
provided they do not exceed eight feet in width.
(b) Trails, paths, and viewing areas must be designed and
constructed to minimize:
(a) Visibility from the river;
(b) Visual impacts on public river corridor views; and
(c) Disturbance to and fragmentation of primary conservation
areas.
(g) Public signs and kiosks for interpretive or directional purposes are allowed in the
bluff impact zone, provided they are placed and constructed to minimize
disturbance to these areas and avoid visual impacts on public river corridor
views. If illuminated, the lighting must be fully shielded and be directed
downward.
(h) Public stairways, lifts, and landings must be designed as provided in Section
XX7.43.
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Sec. 18-589. Vegetation Management
(a) Purpose. To establish standards that sustain and enhance the biological and
ecological functions of vegetation; preserve the natural character and topography
of the MRCCA; and maintain stability of bluffs and steep slopes and ensure
stability of other erosion-prone areas.
(b) Applicability. This section applies to:
(1) Areas within 50 feet of a wetland (in addition to wetland buffers required
in the wetland ordinance) or natural drainage route;
(2) Bluff impact zones;
(3) Areas of native plant communities; and
(4) Significant existing vegetative stands identified in the MRCCA plan.
(c) Activities allowed without a vegetation permit.
(1) Maintenance of existing lawns, landscaping and gardens;
(2) Removal of vegetation in emergency situations as determined by the City;
(3) Right-of-way maintenance for public facilities meeting the standards
Section XX8.3;
(4) Agricultural and forestry activities meeting the standards of Sections
XX5.21 andXX5.23;
(5) Selective vegetation removal, provided that vegetative cover remains
consistent with the management purpose of the MRCCA District,
including removal of:
(a) Vegetation that is dead, diseased, dying, or hazardous;
(b) Vegetation to prevent the spread of diseases or insect pests;
(c) Individual trees and shrubs; and
(d) Invasive non-native species.
(6) Activities allowed with a vegetation permit.
(a) Only the following intensive vegetation clearing activities are
allowed with a vegetation permit:
(1) Clearing of vegetation that is dead, diseased, dying, or
hazardous;
(3) Clearing to prevent the spread of diseases or insect pests;
(4) Clearing to remove invasive non-native species.
(5) Clearing to prepare for restoration and erosion control
management activities consistent with a plan approved by
the City.
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(6) The minimum necessary for development that is allowed
with a building permit or as an exemption under Section
XX12.0.
(d) General Performance Standards. The following standards must be met, in
addition to a restoration plan under Section XX9.6, in order to approve a
vegetation permit:
(1) Development is sited to minimize removal of or disturbance to natural
vegetation;
(2) Soil, slope stability, and hydrologic conditions are suitable for the
proposed work as determined by a professional engineer or (insert name
of resource agency, if someone other than professional engineer is
desired);
(3) Clearing is the minimum necessary and designed to blend with the
natural terrain and minimize visual impacts to public river corridor views
and other scenic views;
(4) Vegetation removal activities are conducted so as to expose the smallest
practical area of soil to erosion for the least possible time, and to avoid
bird migration and nesting seasons; and
(5) Any other condition determined necessary to achieve the purpose of this
section.
(e) Prohibited activities. All other intensive vegetation clearing is prohibited.
(f) Vegetation restoration plan.
(1) Development of a vegetation restoration plan and reestablishment of
natural vegetation is required:
(a) For any vegetation removed with a permit under Section XX9.41;
(b) Upon failure to comply with any provisions in this section; or
(c) As part of the planning process for subdivisions as provided in
Section XX11.0.
(g) Restoration Plan Performance Standards. The vegetation restoration plan must
satisfy the application submittal requirements in Section XX3.6, and:
(1) Vegetation must be restored in one or more of the following restoration
priority areas:
(a) Stabilization of erodible soils.Areas with soils showing signs of
erosion, especially on or near the top and bottom of steep slopes
and bluffs;
(b) Other approved priority opportunity area, including priorities
identified in the MRCCA plan, if none of the above exist.
(c) Include vegetation that provides suitable habitat and effective soil
stability, runoff retention, and infiltration capability. Vegetation
species, composition, density, and diversity must be guided by
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nearby patches of native plant communities and by Native
Vegetation Establishment and Enhancement Guidelines;
(d) Any highly erodible soils disturbed during removal and/or
restoration must be stabilized with deep-rooted vegetation with a
high stem density;
(e) Vegetation removed must be restored with natural native
vegetation to the greatest extent practicable. The area (square
feet) of the restored vegetation should be similar to that removed
to the greatest extent practicable.
(d) For restoration of removed native plant communities, restored
vegetation must also provide biological and ecological function
equivalent to the removed native plant communities. The area
(square feet) of the restored vegetation should be equivalent to
that removed;
(f) Be prepared by a qualified individual; and
(g) Include a maintenance plan that includes management provisions
for controlling invasive species and replacement of plant loss for
three years.
(2) A certificate of compliance will be issued after the vegetation restoration
plan requirements have been satisfied.
Sec. 18-590. Land Alteration Standards and Stormwater Management.
(a) Purpose. To establish standards that protect water quality from pollutant loadings
of sediment, nutrients, bacteria, and other contaminants; and maintain stability of
bluffs, shorelines, and other areas prone to erosion.
(b) Land alteration.
(1) Within the bluff impact zone, land alteration is prohibited, except for the
following, which are allowed by permit.
(a) Erosion control consistent with a plan approved by the local
government or resource agency and consistent with Section
XX10.6;
(b) The minimum necessary for development that is allowed as an
exception under Section XX12; and
(c) Repair and maintenance of existing buildings and facilities.
(d) Stormwater management.
(2) In the bluff impact zone, stormwater management facilities are prohibited,
except by permit if:
(a) There are no alternatives for stormwater treatment outside the
bluff impact zone on the subject site;
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(b) The site generating runoff is designed so that the amount of runoff
reaching the bluff impact zone is reduced to the greatest extent
practicable;
(c) The construction and operation of the facility does not affect slope
stability on the subject property or adjacent properties; and
(d) Mitigation based on the best available engineering and geological
practices is required and applied to eliminate or minimize the risk
of slope failure.
(3) In all other areas, stormwater runoff must be directed away from the bluff
impact zones or unstable areas.
(c) Development on steep slopes. Construction of structures, impervious surfaces,
land alteration, vegetation removal, or other construction activities are allowed on
steep slopes if:
(1) The development can be accomplished without increasing erosion or
stormwater runoff;
(2) The soil types and geology are suitable for the proposed development;
and
(3) Vegetation is managed according to the requirements of Section XX9.0.
(d) Conditions of land alteration permit approval.
(1) Temporary and permanent erosion and sediment control measures retain
sediment onsite consistent with best management practices in the
Minnesota Stormwater Manual;
(2) Natural site topography, soil, and vegetation conditions are used to
control runoff and reduce erosion and sedimentation;
(3) Construction activity is phased when possible;
(4) All erosion and sediment controls are installed before starting any land
disturbance activity;
(5) Erosion and sediment controls are maintained to ensure effective
operation;
(6) The proposed work is consistent with the vegetation standards in Section
XX9.0; and
(7) Best management practices for protecting and enhancing ecological and
water resources identified in Best Practices for Meeting Minnesota
Department of Natural Resources General Public Waters Work Permit GP
2004-0001.
(e) Compliance with other plans and programs. All development must:
(1) Be consistent with Minnesota Statutes, chapter 103B, and local water
management plans completed under chapter 8410;
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(2) Meet or exceed the wetland protection standards under Minnesota Rules,
chapter 8420; and
(3) Meet or exceed the floodplain management standards under Minnesota
Rules, chapter 6120. 5000 6120.6200
Sec. 18-591. Subdivision and Land Development Standards.
(a) Purpose.
(1) To protect and enhance the natural and scenic values of the MRCCA
during development or redevelopment of the remaining large sites.
(2) To establish standards for protecting and restoring biological and
ecological functions of primary conservation areas on large sites; and
(3) To encourage restoration of natural vegetation during development or
redevelopment of large sites where restoration opportunities have been
identified in MRCCA Plans.
(b) Applicability.
(1) The design standards in this section apply to subdivisions, planned unit
developments and master-planned development and redevelopment of
land involving 20 or more acres, including smaller individual sites within
the following developments that are part of a common plan of
development that may be constructed at different times:
(a) Subdivisions;
(b) Planned unit developments; and
(c) Master-planned development and redevelopment of land.
(2) The following activities are exempt from the requirements of this section:
(a) Minor subdivisions consisting of three or fewer lots;
(b) Minor boundary line corrections;
(c) Resolutions of encroachments;
(d) Additions to existing lots of record;
(e) Placement of essential services; and
(f) Activities involving river-dependent commercial and industrial
uses.
(3) Application materials. Project information listed in Section XX3.6 must be
submitted for all proposed developments.
(4) Design standards.
(a) Fifty percent (50%) of the total parcel area must be set aside and
designated as a primary conservation area.
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(b) If primary conservation areas exist but do not have natural
vegetation (identified as restoration priorities in the MRCCA Plan),
then a vegetation assessment must be completed to evaluate the
unvegetated primary conservation areas and determine whether
vegetation restoration is needed. If restoration is needed,
vegetation must be restored according to Section XX9.62.
(d) If primary conservation areas do not exist on the parcel and
portions of the parcel have been identified in the MRCCA plan as
a restoration area, vegetation must be restored in the identified
areas according to Section XX9.62 and the area must be set aside
and designated as protected open space.
(e) Stormwater treatment areas or other green infrastructure may be
used to meet the protected open space requirements if the
vegetation provides biological and ecological functions.
(f) Land dedicated as City or County open space for public parks, or
other open space or public facilities may be counted toward the
protected open space requirement.
(g) Protected open space areas must connect open space, natural
areas, and recreational areas, where present on adjacent parcels,
as much as possible to form an interconnected network.
(5) Permanent protection of designated open space.
(a) Designated open space areas must be protected through one or
more of the following methods:
(1) Public acquisition by a government entity for conservation
purposes;
(2) A permanent conservation easement, as provided in
Minnesota Statutes, chapter 84C;
(3) A deed restriction; and
(4) Other arrangements that achieve an equivalent degree of
protection.
(b) Permanent protection methods must ensure the long-term
management of vegetation to meet its biological and ecological
functions, prohibit structures, and prohibit land alteration, except
as needed to provide public recreational facilities and access to
the river.
(6) Alternative design standards.
Sec. 18-592 Exemptions.
(a) Purpose. To provide exemptions to structure placement, height and other
standards for specific river or water access dependent facilities as provided in
Minnesota Statutes 116G.15 Subd. 4.
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(b) Applicability.
(1) Uses and activities not specifically exempted must comply with this
section. Uses and activities exempted under the bluff impact zone must
comply with the vegetation management and land alteration standards in
Sections XX9 and XX10.
(2) Uses and activities in Section XX12.3 are categorized as:
(a) Exempt E. This means that the use or activity is allowed;
(b) Exempt if no alternative - (E). This means that the use or activity is
allowed only if no alternatives exist; and
(c) Not exempt - N. This means that a use or activity is not exempt
and must meet the standards of this ordinance.
(c) Use and activity exemptions classification.
(1) General uses and activities.
Use or ActivitySet Height BIZApplicable standards with
backsLimitswhich the use or activity
must comply
Bridges and bridge EE(E)Section XX8
approach roadways
Wireless communication EENSection XX5.26
towers
Chimneys, church spires, NEN
flag poles, public
monuments, and
mechanical stacks and
equipment
Historic properties and EEEExemptions do not apply to
contributing properties in additions or site alterations
historic districts
(2) Public utilities.
Use or ActivitySet Height BIZApplicable standards with
backsLimitswhich the use or activity
must comply
Electrical power facilitiesEE(E)Section XX8
Essential services (other EE(E)Section XX8
than stormwaterfacilities)
StormwaterfacilitiesEN(E)Section XX10
Public transportation EN(E)Section XX8
facilities
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(3) Public recreational facilities.
Use or ActivitySet Height BIZApplicable standards with
backsLimitswhich the use or activity
must comply
Accessory structures, such EE(E)Section XX8; within BIZ,
as monuments, flagpoles, only on slopes averaging
light standards, and similar less than 30%. Exemptions
park featuresdo not apply to principal
structures.
Picnic shelters and other ENNSection XX8
open-sided structures
Parking lots(E)N(E)Section XX8; within BIZ,
only within 20 feet of toe of
bluff; not on face of bluff;
andmust not affect stability
of bluff
Roads and driveways(E)N(E)Section XX8
Natural-surfaced trails, ENESection XX8
access paths, and viewing
areas
Hard-surfaced trails and EN(E)Section XX8; within BIZ,
viewing platformsonly on slopes averaging
less than 30%
Public signs and kiosks for EN(E)Section XX8
interpretive or directional
purposes
Secs. 18-5938318-609. - Reserved.
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