HomeMy WebLinkAbout2021-01-26 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Tuesday, January 26, 2021
7:00 p.m.
Held Remotely Via Conference Call
Dial 1-888-788-0099
Meeting ID: 913 0898 4277
Passcode: 172991
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval of Minutes:
a.December 21, 2020
5.New Business
a.Election of Chair and Vice Chair
b.Resolution of Appreciation for Candace Okeson
c.Maplewood Climate Adaptation Plan
d.Review of Nature Center Task Force Recommendations
6.Unfinished Business
a.Mississippi River Corridor Critical Area and Slope Ordinances
7.Visitor Presentations
8.Commissioner Presentations
9.Staff Presentations (oral report only)
a.Ramsey-Washington Metro Watershed District Citizen Advisory Committee
Applications Due February 4
b.Rescheduled February ENR Commission Meeting - Tuesday, February 23, 2021
c.2021 Work Plan and Environmental Priorities Review February 23, 2021
10.Adjourn
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Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
MONDAY, DECEMBER 21, 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 7:06
p.m. by Chairperson Miller.
2.ROLL CALL
Keith Buttleman, CommissionerPresent
Kayla Dosser, Commissioner Absent
Mollie Miller, ChairpersonPresent
Ann Palzer, Commissioner Absent
Ted Redmond, CommissionerPresent
Stephen Todey, CommissionerPresent
Staff Present
Shann Finwall, Environmental Planner
3.APPROVAL OF AGENDA
Commissioner Redmond added a Commissioner presentation – Climate Adaptation Plan.
Commissioner Todey moved to approve the agenda as amended.
Seconded by Commissioner Buttleman. Ayes – All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Todey moved to approve the November 16, 2020, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by Commissioner Buttleman. Ayes – All
The motion passed.
5.NEW BUSINESS
a.2020 Annual Reports
1)Environmental and Natural Resources Commission
2)Sustainability
3)Solid Waste
Environmental Planner Finwall presented the 2020 annual reports to the Commission.
December 21, 2020
1
Environmental and Natural Resources Commission Meeting Minutes
ENR Packet Page Number1 of 128
The Commission suggested edits to the Sustainability report as follows: Clarify the Green
Step Cities Best Practices comparisons in the area of average miles per gallon per city
vehicle and gallons of residential drinking water. Add the Climate Adaptation planning
process to the report.
6.UNFINISHEDBUSINESS
a.Mississippi River Corridor Critical Area Ordinance
Environmental Planner Finwall stated that the City is required to update its MRCCA
ordinance to reflect the new state rules by October 1, 2021. Ms. Finwall presented the
changes made to the draft ordinance since November.
The Commission did not have additional comments or edits to the draft ordinance.
Environmental Planner Finwall stated that the Commission would begin reviewing the
Slope ordinance in February and March, conduct education and outreach with residents
that live in the MRCCA in April and May, and finalize the draft ordinances for review by the
Planning Commission and City Council in June and July.
7.VISITOR PRESENTATIONS
None.
8.COMMISSIONER PRESENTATIONS
a.Climate Adaptation Plan
Commissioner Redmond gave an update on the development of a draft Climate
Adaptation Plan.
9.STAFF PRESENTATIONS
a.January 2021 Election of Chair and Vice Chair
Environmental Planner Finwall reminded the Commission that elections for Chair and Vice
Chair will be held at the January meeting.
b.Reschedule January and February ENR Commission Meetings Due to Holidays
(Suggested Dates Tuesday, January 26, 2021 and Tuesday, February 23, 2021)
Environmental Planner Finwall proposed dates for rescheduling the January and February
Commission meetings.
c.Holiday Light and Extension Cord Recycling
Environmental Planner Finwall notified the Commission that Maplewood will not be
sponsoring Holiday Light and Extension Cord Recycling at City Hall this year. Residents
can still recycle these items at the Ramsey County Household Hazardous Waste site,
Washington County Environmental Center, and the St. Paul Regional Water Services
main office on Rice Street.
d.Update on Nature Center Task Force
Environmental Planner Finwall gave an update on the progress of the task force.
10.ADJOURNMENT
Chairperson Miller adjourned the meeting at 7:52 p.m.
December 21, 2020
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Agenda Item 5.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT
Meeting Date January 26, 2021
REPORT TO:
Environmental and Natural Resources Commission
REPORT FROM: Shann Finwall, AICP, Environmental Planner
PRESENTER:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM: Election of Chair and Vice-Chair
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The Environmental and Natural Resources Commission ordinance requires that the Commission
elect a Chair and Vice-Chair to run the meetings each year.
Recommended Action:
Motion to nominate a Chair and Vice-Chair for 2021. Motion to approve the Chair and Vice-Chair
nominations.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The Environmental and Natural Resources Commission ordinance outlines the duties of the Chair
and Vice-Chair as follows: The Chair is responsible for calling and presiding at meetings and shall
have an equal vote with other members of the Commission. If the Chairperson is not at the meeting,
the Vice-Chair shall assume the duties of the Chair for that meeting.
Background
In 2020 the Environmental and Natural Resources Commission elected Commissioner Miller to act
as Chair and Commissioner Okeson to act as Vice-Chair. The 2021 elections were announced at
the December 2020 Commission meeting. There was no discussion by the Commission. During the
January 2021 meeting, the Commission should nominate a Chair and Vice-Chair to serve
throughout the year, and make a motion to approve those elected positions.
Attachments
None
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Agenda Item 5.b.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT
Meeting Date January 26, 2021
REPORT TO:
Environmental and Natural Resources Commission
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTER:Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
Resolution of Appreciation for Candace Okeson
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
When citizen members end their time of service on a board or commission, the City considers
adoption of a resolution of appreciation recognizing the individual for their time committed to serving
Maplewood.
Recommended Action:
Motion to approve a Resolution of Appreciation for Candace Okeson.
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.
The City of Maplewood appreciates its citizen volunteers who serve on the
commissions and works to provide recognition for members upon resignation.
Background
Candace Okeson resigned as a member of the Environmental and Natural Resources Commission
on December 11, 2020. Ms.Okeson served on the Commission for three years and three months,
from September 11, 2017, to December 11, 2020.
Attachments
1. Resolution of Appreciation for Candace Okeson
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Attachment 1
RESOLUTION OF APPRECIATION
WHEREAS, Candace Okeson has been a member of the Maplewood Environmental and
Natural Resources Commission for three years and three months, serving from September 11,
2017, to December 11, 2020. Ms. Okeson has served faithfully in those capacities; and
WHEREAS, the Environmental and Natural Resources Commission and City Council
have appreciated her experience, insights and good judgment; and
WHEREAS, Ms. Okeson has freely given of her time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Ms. Okeson has shown dedication to her duties and has consistently
contributed her leadership and efforts for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Candace Okeson is hereby extended our gratitude
and appreciation for her dedicated service.
Passed by the Maplewood
City Council on February 8, 2021
______________________________
Marylee Abrams, Mayor
Attest:
________________________________
Andrea Sindt, City Clerk
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Agenda Item 5.c.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT
Meeting Date January 26, 2021
REPORT TO: Environmental and Natural Resources Commission
REPORT FROM: Shann Finwall, AICP, Environmental Planner
PRESENTER:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM: Maplewood Climate Adaptation Plan
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement
Proclamation
Policy Issue:
In June 2018, paleBLUEdot and the City of Maplewood jointly secured a grant from the
Minnesota Pollution Control Agency to develop a Climate Adaptation Plan. The plan is based on
Maplewood’s 2018 Vulnerability Assessment and fulfills the adaptation portion of the City’s 2040
Comprehensive Plan Sustainability Chapter which outlines the adoption of climate adaptation
and mitigation plans. The plan is the result of that grant as well as an in-kind donation from the
consultant team, and outlines goals and actions to guide the City towards a more resilient,
climate change ready condition.
Recommended Action:
Review the draft Climate Adaptation Plan and offer comments and feedback.
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: As part of the grant, Maplewood will
offer approximately $3,150 in-kind for staff time to participate in the planning effort and
coordinate and participate in community engagement. No matching cash funds are required as
part of the grant award.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset
Mgmt.
The Climate Adaptation Plan will ensure operational effectiveness by assisting the City in
planning for impacts of climate change and improving community resilience. The plan will serve
as an example for other communities and accelerate the adoption of resilience practices in
Minnesota. To ensure community inclusiveness, the planning process will include community
engagement and outreach with key stakeholders, particularly vulnerable populations.
ENR Packet Page Number7 of 128
Background
Climate Adaptation Planning Process
The Climate Adaptation Plan (CAP) was developed in collaboration with a 15-person planning
team of community members, Xcel Energy and Environmental and Natural Resources
Commission representatives, and Ramsey County and Maplewood City staff. The planning
team was organized into sub-teams aligned with each of the adaptation sections included in the
plan (see Plan Framework). The plan was developed through a number of planning workshops
from May through December 2020.
In addition to the planning team effort, community engagement and outreach was conducted
through the summer and fall of 2019. Outreach included one-on-one interviews and discussions
with residents at the Waterfest event, Fourth of July celebration, National Night Out block
parties, and other events as well as an online survey.
Plan Framework
The CAP includes an implementation framework designed to achieve community-wide goals for
climate adaptation and resilience. It is organized around a unifying framework of eight sections:
1)Health and Safety, 2) Extreme Heat and Weather, 3) Air Quality, 4) Flooding and Water
Quality, 5) Greenspace and Ecosystem Health, 6) Local Food and Agriculture, 7) Climate
Economy, and 8) Adaptation Capacity. Each sector has over-arching strategic goals and
detailed Actions for implementation.
Within the framework of the plan, strategies are specific statements of direction that guide
decisions about future public policy, community investment, and actions. The actions included in
the plan are detailed items that should be completed in order to carry out the vision and
strategies identified in the plan.
Final Deliverables
The final deliverables include the CAP report, an Implementation and Monitoring Matrix, as well
as a resource webpage with example municipal policies and ordinances supporting policy
creation recommendations included in the plan’s detailed actions. The Implementation and
Monitoring Matrix includes identification of lead City or County departments for each action as
well as identification of potential supporting partners or advocate resources.
Next Steps
With the full draft plan in place, we are now collecting review comments and will be finalizing the
CAP. As the plan is completed, the City may wish to look at options for beginning the Climate
Mitigation planning effort for mapping strategies and actions to achieve the City’s greenhouse
gas emissions reduction goals as the supporting and final energy and climate-related planning
component.
Attachments
1.Maplewood Climate Adaptation Plan
Links
1.Maplewood Climate Adaptation Plan:
https://1drv.ms/b/s!AjXEmMthmWPLhsVLhA3ZeXRhnjamlw?e=ZfqcdK
2.Maplewood Climate Adaptation Plan Implementation and Monitoring Matrix:
https://1drv.ms/x/s!AjXEmMthmWPLhsVKj_OfglJa7Ma1hw?e=vwTyBz
3.Example Policies and Ordinances:
https://palebluedot.llc/maplewood-cap-policies
2
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2515 White Bear Ave, A8 Suite 177 Maplewood, MN 55109 Contact:Ted Redmond tredmond@paleBLUEdot.llc
Prepared by:
ENR Packet Page Number92 of 128
Agenda Item 5.d.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT
Meeting Date January 26, 2021
REPORT TO:
Environmental and Natural Resources Commission
REPORT FROM: Shann Finwall, AICP, Environmental Planner
PRESENTER:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM: Review of Nature Center Task Force Recommendations
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The COVID-19 pandemic led to significant shifts in the City’s service model for Nature Center
programming and its financial sustainability moving forward. A task force comprised of residents,
stakeholders, public agencies, partners, and staff engaged in a comprehensive review of the future
of the Nature Center building, partnerships, service levels, financial investment, environmental
education, and volunteer coordination.
Recommended Action:
Review the Nature Center Task Force recommendations and offer comments and feedback.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Staff was directed to develop the Nature Center Task Force of residents, stakeholders, and other
parties to help develop a new model of service for the Nature Center.
Background
Beginning March 13, 2020, all in-person programs and services offered by the Nature Center were
closed due to COVID-19 concerns. Since that time, the City has continued to evaluate its COVID-19
response and forecast possible budgetary impacts in 2020 and 2021. As the pandemic continued,
the City saw significant revenue loss in direct programming fees in these areas. In early June 2020,
the decision was made to close the Nature Center, which resulted in lay-offs of staff at the Nature
ENR Packet Page Number93 of 128
Center. With increasing uncertainty about the impacts of COVID-19 and a return to normal
conditions, the future of these services is unknown.
At the June 22, 2020, City Council meeting, direction was given to staff to develop a Task Force of
residents, stakeholders, and other parties to help develop a new model of service for the Nature
Center.
Nature Center Task Force
Among the goals of the Nature Center Task Force was to review existing programming, services,
and operating budgets, review possible programming alternatives, and identify possible funding
partners to help pay for amenities with a regional focus and/or draw. The Task Force was made up
of members of the City Council, Friends of Maplewood Nature, Volunteers of the Nature Center,
ENR Commission, local government and non-profit partners, schools, residents, and City staff.
They met seven times from August 2020 to January 2021. They conducted a community survey
(see link to results below) and finalized recommendations (see attachment).
Task Force Recommendation Review
The City Council is scheduled to review the Nature Center Task Force recommendations during
their January 25, 2021, City Council meeting. They are also expected to direct staff to prepare
necessary next steps regarding implementation. Staff will present the City Council findings and
recommendations to the ENR Commission during the January 26, 2021, meeting. The ENR
Commission should review the Nature Center Task Force recommendations and City Council
findings and offer comments and feedback, particularly on how the ENR Commission can help
advance the implementation of the recommendations.
Attachments
1.Nature Center Task Force Recommendations
Link
1.Community Survey Results:
https://maplewoodmn.gov/DocumentCenter/View/29092/Community-Survey-Nature-
Center?bidId=
2
ENR Packet Page Number94 of 128
Attachment 1
NATURE CENTER TASK FORCE
FINAL RECOMMENDATIONS JANUARY 14, 2021
1.Physical Asset - Best use of Site and Building
i.Short-term (6 Months)
We recommend opening the building for some number of hours as soon as
practicable (Spring 2021 based on COVID guidelines)
We recommend continuing on-going maintenance of trails and grounds at
current levels and continue to maintain the structure at its current levels
Support independent groups using the outdoor areas
Expand information sharing with smartphone technology (e.g. tree trek)
ADA improvements to front door (compliance with current codes)
ii.Medium-term (18 months)
We recommend identifying rental options to encourage use (snowshoes, GPS,
nat
Develop self-guided opportunities/kits for exploration with extended Wi-Fi to
support technology on site and on trails
Explore various models and uses in the building (day care, full day, partial day
including requirements needed
iii.Long-term (36 months +)
We recommend finding permanent long-term programming for building
2.Partnership / Prioritization
i.Short-term (6 Months)
Direct outreach to Watershed District to explore opportunities having the
conversation
Direct outreach meeting with other nature centers to develop the sales pitch
for MWNC explore their interest in partnership
Research Three Rivers parks model with Ramsey County and other cities what
would it take to do an East Metro collaborative parks and open space
Identify home school coordination in the region (ties to on-site Naturalist)
how many home schoolers are in the region
Establish a city-sponsored committee for Parks/Nature Center to look at
cooperative efforts establish a structural group (task force or committee)
ENR Packet Page Number95 of 128
Identify possible short-
Draft our expectations/requirements for what would make a good partnership
Connecting with Ramsey County Master Gardeners & Minnesota Naturalists
online materials
ii.Medium-term (18 months)
We recommend partnering/supporting the Maplewood Historical Society
jointly hosting events, sharing an office, sharing programming, prairie trek,
Explore ECFE programs with School Districts new looks at partnership
Explore other programs with School Districts all ages/grades
Direct outreach to Community Education regarding adult programs/services
Shared / modified curriculum with schools virtual field trip options (start
small with 1-2 lessons) Higher education outreach variety of programming
Explore Maplewood/East Metro Passport model to build sense of community and
expand use of the Nature Center and other natural amenities/open spaces
3.Service Levels / Business Model
Short-term (6 Months)
How to leverage our reputation and get the whole community involved.
Identify our community leaders to help with providing access to underserved
communities including Police Department
Consider a delivery service Nature Center to the schools it can help with
Medium-term (18 months)
We recommend Brainstorm Community Outreach partners how to do more
outreach community-wide similar to Albert Lea model (Blue Zones)
Programming provided by Watershed District and other partners
Long-term (36 months +)
We recommend a yearly event for fundraising might be a good long-term goal -
it seems like those types of annual events can do better generating interest
and anticipation
Develop plans for residents to establish their own native planting / plans rain
gardens (landscape architect light) Model after Washington County
We recommend exploring long-term non-profit organizational model modified
legal structure
2
ENR Packet Page Number96 of 128
4.Financial Investments Capital and Operations
i.Short-term (6 Months)
Establish donation fund and fundraising GIVE TO THE MAX Friends is a 501c3
Explore established grant opportunities (Met Council, State, Federal, DNR, EPA,
Developing a Go Fund Me page with Friends groups
Create a donation drop-box inside similar to the MN ZOO
Pursue a grant to fund naturalist position(s)
ii.Medium-term (18 months)
We recommend reviewing options for establishing an endowment and
sustainable model for fundraising.
Create a tiered program payment possibly by economic status and/or
geography (i.e. lower cost for Maplewood Residents, higher cost for non-
residents)
We recommend writing a grant to fund a volunteer coordinator position,
possibly with other Nature Centers.
Sustainable donations establish on-NPR Sustaining
Member or Virtual silent auction to raise money
Consider a citywide referendum on funding for Nature Center what does it
take to do it? use the community survey to inform the decision
We recommend opening center for rentals (snowshoes, pond kits, binoculars
et get some additional revenues
iii.Long-term (36 months +)
We recommend developing legacy gifts (i.e. wills) program and marketing
LCCMR Grant funding can help fund coordination/partnership efforts big grant
with big results
We recommend exploring retail space/storefront long-term
5.Environmental Education
i.Short-term (6 Months)
More connection to Community Ed exposure and attention- connecting with
them to understand their gaps shared offerings joint brochures
Narrow our audience and target to do really well be known as the best and
then add (rain garden example)
Review past programs to revive successful education programs Native Plant
Materials
3
ENR Packet Page Number97 of 128
Be specific with age ranges (cut-offs at ages) and be expansive to include the
whole family family nights
6.Volunteer Coordination and Support
i.Short-term (6 Months)
We recommend finding a central person/point of contact to make it run very
well. Coordinators make/break the success of events and programs
Be sure we have the right technology tools to track Volgistics Subscription
Align our volunteer coordinator with peer cities/partners
"Utilize a team of volunteers to help staff investigate and follow up on the Task
Force recommendations" coordination and follow through
ii.Medium-term (18 months)
We recommend coordinators work on site to access materials and can be on
hand running volunteers (Lead Volunteers to train and nurture the volunteer
base)
Recruit volunteers to continue to work in 2021 on a 2nd tier action-oriented
task force to investigate each recommendation in our final proposal.
4
ENR Packet Page Number98 of 128
Agenda Item 6.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT
Meeting Date January 26, 2021
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 and Slope Ordinances
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.
Updating the City’s MRCCA and Slope ordinances will ensure compliance with state rules and
consistency with the City’s comprehensive plan.
Background:
Maplewood MRCCA
Maplewood’s MRCCA is located 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 MRCCA District map attached.
ENR Packet Page Number99 of 128
Zoning Standards
The State adopted new MRCCA Rules on January 4, 2017. The Rules require local governments to
update their MRCCA plans and ordinances for consistency within one year after notification by the
Department of Natural Resources (DNR). The City has until October 1, 2021, to update its
ordinance. During the MRCCA ordinance amendments, the City should also review the Slope
ordinance to ensure consistency in regulating developments next to steep slopes throughout
Maplewood.
Maplewood MRCCA Ordinance Review Timeline
To ensure the City meets the October 2021 deadline for amending its ordinances, staff is proposing
the following timeline:
October 2020 - DNR Notification. The City has one year to update its MRCCA ordinance.
October to December 2020 - Draft MRCCA ordinance. The Environmental and Natural
Resources (ENR) Commission amended the MRCCA ordinance based on the new Rules.
January to March 2021 - Draft Slope ordinance. The ENR Commission will review and
amend the Slope ordinance to ensure consistency with the new Rules.
April to May 2021 - Education and Outreach. The City will notify the residents living in the
MRCCA District and the general public of the rule change and requirement to update the
MRCCA and Slope ordinances. The City will take in comments and feedback on the
amendments.
June 2021 – ENR Commission review of public comment and feedback.
July 2021 – Planning Commission review of amended ordinances.
August 2021 – ENR Commission final review and recommendation.
September 2021 – City Council review of amended ordinances.
MRCCA Ordinance Amendments
The ENR Commission finalized their review of the draft MRCCA ordinance amendments in
December. The draft ordinance is attached for reference.
Slope Ordinance Amendments
The next step in the process is the review of the Slope ordinance to ensure consistency with the
MRCCA ordinance amendments and Rules. While the MRCCA ordinance will regulate land within
that area only, the Slope ordinance regulates lands throughout Maplewood with steep slopes.
To begin the review of the Slope ordinance, staff is attaching the existing ordinance and the DNR’s
Guide to City and Township MRCCA Zoning Updates. During the January ENR Commission
meeting, staff will present inconsistencies in the Slope ordinance that will need to be addressed in
the amendments. In February, the City’s Assistant City Engineer, Jon Jarosch, will give a
presentation on Slopes and Erosion Control guidelines. The ENR Commission will finalize its review
of the Slope Ordinance in March.
Attachments:
1.Maplewood MRCCA Overlay District Map
2.Maplewood Proposed MRCCA Draft Ordinance
3.Maplewood Existing Slopes and Erosion Control Ordinance
4.Guide to City and Township MRCCA Zoning Updates
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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
Maplewood Draft MRCCA Ordinance Amendment
Recommended for Approval by the ENR Commission in December 2020
DIVISION 8. - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
Sec. 18-581. - Definitions.
Accessory structure means a structure that is accessory to and separate from the principal
structure.
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.
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 top of the bluff. More than one bluffline may be
encountered proceeding landward from the river.
Deck is a horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached to a principal structure.
Impervious surface means 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.
Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor
Boundary.
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.
Off-premise advertising signs means a sign that directs attention to a product, service, business,
or entertainment venue that is not exclusively related to the premises where the sign is located.
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.
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Principal structure means the house and attached garage.
Private facilities means private roads, driveways, parking areas, decks, accessory structures
200 square feet and under, and signs.
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 waters has the meaning given under Minnesota Statutes, section 103G.005.
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 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.
Significant water body means a water body shown on the city drainage plan or a water body
over one acre in area.
Storm water management facilities are for the collection, conveyance, treatment, or disposal of
storm water.
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.
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. 18-583. - 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
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of this section can occur regardless of whether or not a permit is required for a
regulated activity.
(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.
(e) Underlying Zoning. Uses and standards of underlying zoning districts apply
except where standards of this overlay district are more restrictive.
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, and land alterations.
(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; and
(2) Make written findings that the variance is consistent with the purpose of
this section 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).
(c) Conditional use permits. All conditional uses required under this section must
comply with Minnesota Statutes, section 462.3595 and must consider the
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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; 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) Restoration of vegetation identified as “vegetation restoration
priorities” identified in the MRCCA Plan.
(b) Preservation of existing vegetation;
(c) Stormwater runoff management;
(d) Reducing impervious surface;
(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
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(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.
(2) New structures erected in conformance with the setback averaging
provisions 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 and decks that do not meet
the setback requirements may be expanded laterally provided that:
(a) The expansion does not extend into the bluff impact zone or
further into the required setback than the building line of the
existing principal structure; and
(b) The expanded structure’s scale and bulk is consistent with that of
the original structure and existing surrounding development.
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(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 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, 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.
(f) 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.
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
Mississippi River’s resources and features consistent with the natural and built
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
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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.
Sec. 18-586. – 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 Maplewood City Code, Article XI
(Commercial Use Antennas and Towers)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 18-589.
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.
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(1) Structures and facilities are limited to 35 feet in height or lower unless
identified as exempt.
(2) In addition to the variance requirements, 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;
(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 surfaces must not be placed in the bluff impact
zones unless identified as an exemption.
(2) Principal and accessory structures, decks, and facilities must maintain a:
(a) 100-foot setback to a bluff line unless identified as exempt;
(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
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and bulk bluff ward of the setbacks are consistent with adjoining
development.
Section 18-588. – Performance Standards for Private Facilities
(a) 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.
(b) General design standards. All private facilities must be developed in accordance
with the vegetation management and land alteration requirements in Section 18-
590 and 18-591.
(c) Private roads, except as provided in Section 18-593, must be designed as
follows:
(1) To take advantage of natural vegetation and topography so that they are
not readily visible;
(2) Comply with structure setback requirements according to Section 18-
587(c); and
(3) Not be placed within the bluff impact zone.
(d) Private access paths must be no more than four feet wide, if placed within
the bluff impact zone.
(e) Decks and accessory structures that are 200 square feet in area or under may
encroach into the required setbacks from the blufflines without a variance, when
consistent with Sections 18-590 and 18-591, provided that:
(1) The encroachment into the required setback area does not exceed 15
percent of the required structure setback;
(2) The area 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: X (required setback depth \[feet\]) x 0.15 x Y
(lot width \[feet\]) = maximum total area. See Figure XX below.
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Figure XX.
Deck and Accessory Structure Under 200 S.F. in Area Encroachment
(3) It does not extend into the bluff impact zone.
(4) Off-premise advertising signs must:
(a) Meet required structure placement and height standards in
Sections 18-587.
(b) Not be readily visible
Sec. 18-589. – 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;
(2) Comply with the structure placement and height standards, unless
exempt;
(3) Be consistent with the vegetation management standards and the land
alteration and stormwater management standards 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
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(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
federal agencies with authority over the chemical’s use.
(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 18-586(b)(1).
(e) Public transportation facilities. Public transportation facilities shall comply with
structure placement and height standards in Section 18-587. 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:
(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 18-
587 unless exempt.
(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 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
Trail Planning, Design, and Development
practice guidelines in
Guidelines.
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(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.
Sec. 18-590. – 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 18-589(c);
(4) 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.
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(d) Activities allowed with a vegetation permit.
(1) Only the following intensive vegetation clearing activities are allowed with
a vegetation permit:
(1) Clearing of vegetation that is dead, diseased, dying, or hazardous;
(2) Clearing to prevent the spread of diseases or insect pests;
(3) Clearing to remove invasive non-native species.
(4) Clearing to prepare for restoration and erosion control
management activities consistent with a plan approved by the
City.
(5) The minimum necessary for development that is allowed with a
building permit or as an exemption.
(d) General Performance Standards. The following standards must be met, in
addition to a restoration plan under Section 18-590(f), 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 a 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 18-
159(d);
(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 18-592.
(g) Restoration Plan Performance Standards. The vegetation restoration plan must
satisfy the application submittal requirements in Section 18-584(b)(3), and:
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(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
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. 18-591. – 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, 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;
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(b) The minimum necessary for development that is allowed as an
exception; 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;
(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 18-590.
(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
18-590; and
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(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;
(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. 18-592. – 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.
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(3) Application materials. Project information listed in Section 18-592(b)(3)
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.
(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 18-590(g).
(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 18-590(g) 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.
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(6) Alternative design standards.
Sec. 18-593 – 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.
(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 18-590 and 18-591.
(2) Uses and activities in Section 18-593(c) 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 Activity Set Height BIZ Applicable standards with
backs Limits which the use or activity
must comply
Bridges and bridge E E (E)Section 18-589
approach roadways
Wireless communication E E N Section 18-516(b)(1)
towers
Chimneys, church spires, NEN
flag poles, public
monuments, and
mechanical stacks and
equipment
Historic properties and E E E Exemptions do not apply to
contributing properties in additions or site alterations
historic districts
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(2) Private facilities.
Use or ActivitySet Height BIZApplicable standards with
backs Limits which the use or activity
must comply
Private roads serving 3 or (E) N (E)Section 18-588(e); in BIZ,
more lots only on slopes averaging
less than 30%. Exemption
does not apply to private
roads serving fewer than 3
lots or to private driveways
and parking areas
Access pathsENESection 18-588(e)
Decks E N N Section 18-588(e)
(3) Public utilities.
Use or Activity Set Height BIZ Applicable standards with
backs Limits which the use or activity
must comply
Electrical power facilitiesE E (E)Section 18-589
Essential services (other E E (E)Section 18-589
than stormwater facilities)
Stormwater facilities E N (E)Section 18-591
Public transportation E N (E)Section 18-589
facilities
(4) Public recreational facilities.
Use or Activity Set Height BIZ Applicable standards with
backs Limits which the use or activity
must comply
Monuments, flagpoles, light E E (E)Section 18-589; within BIZ,
standards, and similar park only on slopes averaging
features less than 30%. Exemptions
do not apply to principal
structures.
Picnic shelters and other E N N Section 18-589
open-sided structures
Parking lots(E) N (E)Section 18-589; 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)Section 18-589
Natural-surfaced trails, E N E Section 18-589
access paths, and viewing
areas
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Use or Activity Set Height BIZ Applicable standards with
backs Limits which the use or activity
must comply
Hard-surfaced trails and EN(E)Section 18-589; within BIZ,
viewing platforms only on slopes averaging
less than 30%
Public signs and kiosks for E N (E)Section 18-589
interpretive or directional
purposes
Secs. 18-594—18-609. - Reserved.
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Attachment 3
Maplewood Existing Slopes and Erosion Control Ordinance
Adopted in the 1970s
DIVISION 7. - SLOPES AND EROSION CONTROL
Sec. 18-461. - Definitions.
\[The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:\]
Direct drainage means drainage into a protected water without an intervening pond or wetland.
Erosion means the general process by which soils are removed by flowing surface or
subsurface water or wind.
Gross soil loss means the average annual total amount of soil material carried from one acre of
land by erosion.
Pipeline means an underground line of pipe including associated pumps, valves, control devices
and other structures utilized for conveying liquids, gases, sewage or other finely divided solids
from one point to another.
Retaining wall means a structure utilized to hold a slope in a position in which it would not
naturally remain.
Sediment means suspended matter carried by water, sewage or other liquids.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Substation means any utility structure, other than lines, pipelines, poles or towers.
Terrace means a relatively level area bordered on one or more sides by a retaining wall.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer,
solid waste, gas or similar service operations.
Vegetation means all plant growth, especially trees, shrubs, mosses or grasses.
Water body means any lake, stream, pond, wetland or river.
Sec. 18-462. - Slopes.
(a) Nodevelopment shall be permitted on existing slopes of 18 percent or greater
which are in direct drainage to a protected water.
(b) In areas not in direct drainage to a protected water, no development shall be
allowed on existing slopes greater than 40 percent.
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(c) No development, whether or not in direct drainage to a protected water, shall be
permitted on land having an existing slope in excess of 12 percent, unless the
applicant proves the following conditions are met:
(1) Controls and protections exist uphill from the proposed development such
that there is no danger of structures or streets being struck by falling rock,
mud, sediment from erosion, uprooted trees or other materials.
(2) The proposed development presents no danger of falling rock, mud,
sediment from erosion, uprooted trees or other materials to structures
downhill.
(3) The view of a developed slope within the critical area from the Mississippi
River and opposite river bank is consistent with the natural appearance of
the undeveloped slope, consistent with any state-registered historic areas
nearby, compatible with the view from historic areas, and compatible with
surrounding architectural features.
(4) The city engineer may require the developer to provide a soils engineer to
certify the stability of potentially unstable slopes.
(d) The basic character of natural slopes of 25 percent or more in grade shall not be
altered without approval from the city council. The council shall base its decision
on the following:
(1) The degree of alteration of the slope; and
(2) The importance of the slope to the character of the area.
(e) All new structures and roads shall be placed no closer than 40 feet from a
bluffline. Exceptions shall be as follows:
(1) Public recreation facilities, scenic overlooks, public observation platforms
or public trail systems.
(2) The construction of aboveground pumping stations.
(3) Other development, when the applicant can conclusively demonstrate
that construction or final development will not negatively impact slopes
with a grade of 18 percent or greater.
(4) All other structures, other than buildings and roadway surfaces, but
including retaining walls, shall meet the following design requirements:
a. Retaining walls or terrace contours in excess of four feet in height
shall have a fence.
b. Construction materials shall be subject to community design
review board approval.
(f) The requirements of this section shall not apply in the following situations:
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(1) Where a slope has been substantially altered by prior excavation or filling.
(2) Where a slope is less than 200 feet in length (top to bottom) or 500 feet in
width (side to side).
(3) Where earth-sheltered homes are proposed.
Sec. 18-463. - Erosion control and soils.
(a) All erosion control, stormwater runoff, utility and similar structures shall be
designed to be maintained and operated without requiring the crossing or
operation of heavy maintenance vehicles and equipment, such as bulldozers,
trucks and backhoes, on slopes in excess of eight percent. This requirement may
be waived by the city council where there is no other alternative.
(b) Construction shall not be allowed where there are soil problems, including, but
not limited to, soil-bearing strength, shrink/swell potential or excessive frost
movement, unless effective soil correction measures or building construction
methods are approved by the building official.
(c) Development shall be accomplished only in such a manner that on-site gross soil
loss levels shall not exceed five tons per acre per year during construction, but
only two tons per acre per year when the site is adjacent to a water body,
watercourse or storm sewer inlet, and one-half ton per acre per year after
construction activities are completed.
(d) A development shall be located to minimize the removal of vegetation and
alteration of the natural topography.
(e) Erosion protection measures shall make maximum use of natural, in-place
vegetation, rather than the placing of new vegetation on the site.
Secs. 18-46418-580. - Reserved.
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Attachment 4
Guide to City and Township MRCCA Zoning Updates
What is the Mississippi River Corridor Critical Area MRCCA?
The Mississippi River Corridor Critical Area (MRCCA) is a corridor of land along each side the Mississippi River in the Twin
Cities Metropolitan Area with coordinated state, regional and local land use planning and zoning. It includes 54,000
acres in 30 local governments along a 72-mile stretch of the river. Land development in the MRCCA has been regulated
by city and township-adopted MRCCA plans and zoning regulations since 1976 in compliance with state provisions.
These local zoning standards have regulated structure height and setbacks from the river and bluffs as well as vegetation
management and removal, land alteration, and subdivision of land to preserve the corridor’s unique natural,
recreational, and cultural features.
The MRCCA was designated a critical area in 1976 by Executive Order following passage of the Minnesota Critical Areas
Act of 1973. The Executive Order was the governing regulation until it was superseded by MRCCA rules in 2017
(Minnesota Rules Chapter 6106). The rules more consistently protect habitat, scenic views and water quality, and allow
redevelopment to address contemporary needs such as higher density and mixed uses. In 1988, the National Park
Service designated the Mississippi National River & Recreation Area (MNRRA), which shares the same border as the
MRCCA. There are no federal land planning or zoning regulations associated with the MNRRA.
Why is the MRCCA important?
The Mississippi River is one of the most famous rivers in the world. It is the defining feature for the many communities
along its banks. Through the Twin Cities metro area, the MRCCA supports a diverse mix of residential, commercial,
industrial and recreational uses, as well as river-related industry and transportation. Though the river corridor has been
extensively developed, many intact and remnant cultural, natural and scenic areas remain, including bluffs, islands,
floodplains, wetlands, historic resources, and native plants and animals. The state rules and local MRCCA plans and
zoning regulations are designed to protect these resources while accommodating continued growth and redevelopment.
Why is my community updating its MRCCA zoning regulations?
Starting in January 2020 and going through approximately December 2022, all communities in the MRCCA will be
adopting new MRCCA zoning standards consistent with 2017 MRCCA rules and local MRCCA plans that were recently
updated as part of the comprehensive plan 10-year updates. Until a community adopts the new standards, its existing
MRCCA zoning standards apply.
Contact your local city or township zoning staff with questions about relevant standards and permit requirements that
apply to your property. The DNR’s role is to ensure that local government MRCCA zoning regulations comply with the
state rules and to provide technical assistance and oversight to local zoning staff.
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Overview of New Local Government MRCCA Zoning Regulations
Local MRCCA zoning regulations are administered as an overlay district. Within this overlay district, MRCCA zoning
regulations guide building and construction, vegetation clearing and restoration, and land alteration. These regulations
also affect local decisions on variances and conditional use permits. Following is an explanation of how the new zoning
regulations in the 2017 MRCCA rules will affect some of the most common development activities.
New Terms
Familiarity with the following terms are helpful for understanding MRCCA zoning regulations. These terms are described
and mapped in city and township MRCCA plans (a chapter of the comprehensive plan) and summarized below:
Bluff. A natural feature with an average slope exceeding 18%.
Bluff impact zone. The bluff and land within 20 feet of the bluff.
Native plant communities. Plant communities of five acres or greater that meet the quality criteria established
by the Minnesota Biological Survey to qualify as a native plant community - identified in local government
MRCCA plans.
Natural drainage route. Rivers and streams and any other drainage ways identified by local governments.
Shore impact zone. 50% of the required structure setback from the river.
Significant existing vegetation stands. Largely intact and connected plant communities that contain a sufficient
representation of the original native plant community - identified in local government MRCCA plans.
Wetland. Transitional lands between terrestrial and aquatic systems where the water table is usually at or near
the surface or land covered by shallow water.
Building and Construction
Structure height and structure setbacks from the river and top of bluffs (the top of an 18% slope) vary for each of the six
MRCCA districts (See Table 1). These provisions protect scenic views and keep buildings and other development activity
away from sensitive shorelines and slopes that provide habitat and are prone to soil erosion and slope failure. Structure
height and setback standards will not change for most property owners. See the MRCCA Boundary and Districts web
page to find the district in which your parcel is located.
Table 1. Building and constructions standards for each of the six MRCCA districts.
Build & Construction Standards
Rural River
River Separated Urban Urban
Open Towns and
Neighborhood from River Mixed Core (CA-
Space Crossings
(CA-RN) (CA-SR) (CA-UM) UM)
(CA-ROS) (CA-RTC)
Maximum Structure HeightUnderlying Underlying
35’ 35’ 48’* 65’*
Zoning Zoning
Mississippi River Structure Setback Underlying
200’ 100’ 75’ n/a 50’
Zoning
Bluff Structure Setback 100’ 40’ 40’ 40’ 40’ 40’
*Greater height may be allowed with a Conditional Use Permit.
Expansion of Nonconforming Structures
Legal nonconforming structures were lawfully permitted when they were built. However, when zoning standards change
and these structures no longer conform to the new standards, they become legally nonconforming or “grandfathered.”
Nonconforming structures are common in the MRCCA. Minnesota Statute (MS §462.357, Subd. 1e) protects the rights of
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the owners of nonconforming structures, and allows for their continued use, including repair, replacement, restoration,
maintenance, or improvement. Under the MRCCA rules, local governments may allow the lateral expansion of legally
nonconforming principal structures such as homes, as long as they do not expand further into required setbacks from
the river and bluff.
Land Alteration Standards (Grading & Filling)
Land alteration in areas near water and on steep slopes increases the risk of soil erosion and the movement of sediment
into water. A new local government permit is required for the following land alteration activities:
Any activity that disturbs more than 10 cubic yards or 1,000 square feet of soil within the shore impact zone or
within 50 feet of a public water, wetland, or natural drainage route, whichever is greater.
Riprap, retaining walls or other erosion control structures to correct an established erosion problem in the shore
impact zone and bluff impact zone. There are specific design standards and conditions for constructing these
structures. The construction of structures below the ordinary high water level would continue to require a DNR
permit or approval.
be removed in protected areas without a permit.
Erosion control projects and repair &
maintenance of existing structures in the bluff
impact zone. All other activities are prohibited
in the bluff impact zone.
Figure 1. Intensive removal of vegetation in prohibited in
Vegetation Removal & Management Standards
protected areas.
Retaining vegetation along the river and on slopes is
important to stabilize soil and to slow, absorb, and filter
stormwater before it runs into the river. Vegetation is
also important for retaining the scenic qualities of the
river. Local MRCCA regulations include a new
vegetation permit and standards for protecting and
restoring vegetation.
Activities that DO NOT Require a Permit:
Maintenance of existing lawns, landscaping and
gardens;
Removal of vegetation in emergency situations as
determined by the local government;
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.
Prohibited Vegetation Removal Activities
The intensive removal of all or a majority of the trees or
shrubs in a contiguous patch, strip, row, or block in
protected areas - the shore impact zone, bluff impact
zone, within 50 feet of a wetland or natural drainage
way or of native plant communities and significant
existing vegetative stands - is prohibited. Figure 1 shows
some of these protected areas – protected areas are
shown in color. Note that isolated trees and shrubs may
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Allowed Vegetation Removal Activities with a Permit:
Some vegetation removal activities in protected areas are allowed with a vegetation permit, including removal:
of vegetation that is dead, diseased, dying, or hazardous;
to prevent the spread of diseases or insect pests;
of invasive non-native species;
to prepare for restoration and erosion control management activities consistent with a plan approved by the
local government;
of the minimum necessary for construction allowed with a building permit.
RiverAccess on Riparian Lots
Local MRCCA regulations include new design standards
Figure 2. River Access Design Standards.
for river access including access paths and stairways,
water-oriented structures and patios and decks (see
Figure 2):
Private driveways, parking areas and other
impervious surfaces must not be placed in the shore
impact zone or the bluff impact zone, except for:
o Access Paths: Access paths can be no wider
than 8 feet wide in the shore impact zone
or 4 feet wide in a bluff impact zone.
o Stairways, lifts, and landings: Stairways,
lifts, and landings are allowed in the shore
impact zone and the bluff impact zone as
long as stairways and lifts are no wider than
4 feet and landings no more than 32 square
feet.
Decks and patios may encroach into bluff and river
setbacks up to 15% of the required structure
setback, provided they don’t extend into the bluff
impact zone.
One water-oriented accessory structure is allowed
for every 300 feet of river frontage. Lots less than
300 feet may have one structure. The water-
oriented accessory structure is limited to a 12-foot
height, 120 square foot area, and must be at least
10 feet from the water’s edge. These structures are
not allowed in the bluff impact zone.
Temporary storage of docks, boats, and other
equipment during the winter months are prohibited
in the bluff impact zone but allowed in the shore
impact zone.
MRCCA web address: https://www.dnr.state.mn.us/waters/watermgmt_section/critical_area/index.html
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