HomeMy WebLinkAbout2014-08-13 PACKET 04.K.
Mississippi River Corridor Critical Area
(MRCCA)
DNR Working Draft Rules –
Tracked Version
June 2, 2014
Introduction & MRCCA Rulemaking Background
The MRCCA is a unique land corridor along the Mississippi River within the seven-county metro area.
The corridor is 72 miles long, 54,000 acres in area, and within the jurisdiction of 30 local governments
(LGUs). Land development in the corridor is guided by state regulations, which are currently
implemented through local plans and ordinances that are reviewed and approved by the DNR. The
Metropolitan Council works with the DNR to review plans and ordinances.
The MRCCA was established in the 1970s by Executive Order, a type of state regulation that cannot be
readily changed or updated. Over the last decade, it has become increasingly challenging for the state
and local governments to administer regulations under the Executive Order because it:
does not provide DNR with clear criteria for evaluating local plans and ordinances,
limits redevelopment and reinvestment in the corridor,
is complex and costly to administer,
provides inadequate resource protection due to vague and outdated language, and
requires that numerous and often conflicting resources and functions be conserved (scenic,
environmental, mineral, economic, cultural, and historic) but does not prioritize among them.
In 2009, the Minnesota Legislature directed the DNR to establish rules for the MRCCA. The DNR
undertook an extensive participation process from 2009-2010 that resulted in the “2011 draft rules.” At
the conclusion of the process, the previous administration did not support the proposed rules, and local
concern and opposition to the rulemaking was growing. As a result, the rulemaking process halted in
2011 and the DNR’s statutory authority to do rulemaking expired. In 2013, the Legislature restored
DNR's rulemaking authority and made changes to the statutory language guiding rule development, with
greater emphasis on addressing local government concerns and consideration of existing and potential
new development.
The DNR established the following goals to guide this new rulemaking effort:
maintain and improve water quality and habitat,
better recognize existing and planned development,
increase flexibility for local governments,
focus on rules that best achieve resource protection, and
simplify administration and clarify language.
Rulemaking Schedule
Phase I: LGU Review
During Phase I of the rulemaking schedule (Figure 1), consultation with LGUs was the primary focus of
DNR’s renewed rulemaking effort. Over the past ten months, DNR staff has met individually with each
LGU’s staff/officials and three times with a group of LGUs convened by Metro Cities, with multiple
follow-up calls and meetings. The DNR has also met with the Metropolitan Council and National Park
Service, as well as with several groups representing environmental and development interests.
Figure 1
Phase II: Public Outreach and Rule Revision
This document has been prepared to accompany the Request for Comments (RFC) which begins Phase II
of the rulemaking process (Figure 1). This document is a working draft of the rules with proposed
changes from the 2011 draft rules tracked and highlighted for input. It is the product of the DNR’s
efforts over the last ten months (Phase I).
Highlights of the proposed revisions to the 2011 draft rules include:
greater flexibility and deference to local zoning on issues such as height, lot size, and open
space dedication;
reduction in the number of nonconformities (existing or created) and greater emphasis on
the continuance of those structures/lots going forward;
stronger rules governing vegetation removal and land alteration; subdivisions and other
large scale development and redevelopment projects; and the protection of native plant
communities, bluffs, steep slopes, and shore impact zones; and
simplified and streamlined administrative procedures for the review and approval of plans
and ordinances, and improved organization for easier reading and administration.
This phase is intended to provide for informal feedback on the working draft rules before they are
finalized for Phase III – Formal Rule Adoption (Figure 1).
Phase III: Formal Rule Adoption
This third phase is a formal process that begins with a Notice of Intent/Hearing to adopt the rules, with a
public hearing presided over by an Administrative Law Judge.
How to read this document…
All proposed revisions to the 2011 draft rules are tracked. Potential changes to numeric thresholds, such
as height, setbacks, open space dedication, and permit requirements, have not been “set in stone”, but
rather are presented in the draft as ranges that are highlighted for public input. A commentary column
to the right of the proposed rule text guides readers through the rules and provides some explanation
for various provisions and proposed changes, and also draws attention to specific thresholds and
provisions for which DNR is seeking input and direction. A parallel clean, untracked version is also
available for a less complicated reading experience.
How to comment…
Interested persons or groups may submit comments on these working draft rules in writing until 4:30
p.m. on August 15, 2014. Guidance on submitting comments is available at the MRCCA rulemaking
webpage (link below). Comments and questions should be directed to: Daniel Petrik at Minnesota
Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4025, 651-259-5714
(phone), 651-296-1811 (facsimile), and mrcca.rulemaking@state.mn.us.
For additional information on the MRCCA rulemaking, including the information on public meetings over
the summer, visit: http://www.dnr.state.mn.us/input/rules/mrcca/index.html
Table of Contents
PART PAGE #
6106.0010 POLICY ....................................................................................................................... 1
6106.0020 PURPOSE ..................................................................................................................... 1
6106.0030 SCOPE ........................................................................................................................ 1
6106.0040 SEVERABILITY .............................................................................................................. 2
6106.0050 DEFINITIONS ............................................................................................................... 2
6106.0060 ADMINISTRATION OF PROGRAM ............................................................................... 11
6106.0070 PREPARATION, REVIEW, AND APPROVAL OF PLANS AND ORDINANCES ...................... 16
6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES ...................................................... 24
6106.0090 INCORPORATIONS BY REFERENCE .............................................................................. 27
6106.0100 DISTRICTS .................................................................................................................. 28
6106.0110 USES ......................................................................................................................... 32
6106.0120 DIMENSIONAL STANDARDS ....................................................................................... 34
6106.0130 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC FACILITIES .................................... 38
6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE FACILITIES .................................. 41
6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION STANDARDS ............................ 46
6106.0160 STORMWATER MANAGEMENT STANDARDS ............................................................... 52
6106.0170 SUBDIVISION AND LAND DEVELOPMENT STANDARDS ................................................ 55
TABLE 1: EXEMPTIONS ................................................................................................................ 60
Page intentionally left blank.
Proposed Rules Relating to Mississippi River Corridor Critical Area
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
PART 6106.0010 POLICY
It is in the interest of present and future generations to preserve and
The policy statement establishes the overall
goal of the proposed rules as authorized by
enhance the natural, aesthetic, cultural, and historical values of the
state statute. Wording change links the
Mississippi River corridor within the Twin Cities metropolitan area and
statutory policies to the rules, rather than
protect its environmentally sensitive areas. In furtherance of the policies
claiming authorization under each statute
declared in Minnesota Statutes, chapters 116G, 394, 462, and 473, and by
and EO 79-19.
Executive Order 79-19, Accordingly, the commissioner does hereby
provide standards and criteria for the preservation, protection, and
management of the Mississippi River Corridor Critical Area, as authorized
by Minnesota Statutes, chapters 116G, 394, 462, and 473, and by
Executive Order 79-19.
PART 6106.0020 PURPOSE
This part lays out the goals of the rules. MS
In furtherance of the policies declared in Minnesota Statutes, chapters
116G.15 designates the Mississippi National
116G, 394, 462, and 473, and Executive Order 79-19, the commissioner
River Recreation Area (MNRRA) as a state
provides tThe following minimum standards and criteria are provided for
critical area per the Critical Areas Act and
the subdivision, use, and development of land within the Mississippi
identifies these five purpose statements,
National River and Recreation Area, which is designated the Mississippi
which come directly from EO 79-19 and MS
River Corridor Critical Area. The purposes of the minimum standards and
116G.15.
criteria are to:
Deleted repetitive language.
A.protect and preserve the Mississippi River and adjacent lands that
the legislature finds to be unique and valuable state and regional
resources for the benefit of the health, safety, and welfare of the
citizens of the state, region, and nation;
B.prevent and mitigate irreversible damages to these state, regional,
and national resources;
C.preserve and enhance the natural, aesthetic, cultural, and historical
values of the Mississippi River and adjacent lands for public use and
benefit;
D.protect and preserve the Mississippi River as an essential element
in the national, state, and regional transportation, sewer and
water, and recreational systems; and
E.protect and preserve the biological and ecological functions of the
Mississippi River corridor.
PART 6106.0030SCOPE
This part describes the physical land area
covered by the rules, the general roles and
Subpart 1. Applicability. The standards and criteria for the Mississippi
responsibilities of agencies in furthering the
River Corridor Critical Area, defined for the purpose of these parts as
purpose of the rules, and the applicability of
the “MRCCA rules,” established in parts 6106.0010 to 6106.01750
other regulations within the MRCCA. Using
pertain to public waters and to public and private lands within the river
the terminology of “MRCCA rules” enables us
corridor boundary established by Executive Order 79-19.
to refer to the rules in a simpler manner than
“parts 6106.0010 to 6106.0150”
Subp. 2. Government actions. The state and all local governments,
1
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
including councils, commissions, boards, districts, departments, and
This subpart requires all state and local units
of government with jurisdiction in the MRCCA
other public authorities, shall must exercise their powers so as to
to act in accordance with these rules.
further the purposes of parts 6106.0010 to 6106.0150the MRCCA rules.
Subp. 3. State land. Land owned by the state and its agencies and
subdivisions shall must be administered according to parts 6106.0010
to 6106.0150.the MRCCA rules.
Subp. 4. Conflicting standards. In case of a conflict between this
chapter and any other rule, the more protective provision applies.
Subp. 5. Local determination. Local governments may determine
Subpart 5 was added at the request of local
whether to administer the Minnesota statewide shoreland
governments to reduce complexity and
management standards in parts 6120.2500 to 6120.3900 within the
confusion on overlapping regulations. It gives
Mississippi River Corridor Critical Area.
local governments the option of discontinuing
administration of statewide Shoreland
A.Local governments may determine whether to administer the
Management within the MRCCA.
Minnesota wild, scenic, and recreational river rules in parts
Item 5.A is no longer relevant. Dayton and
6105.0010 to 6105.0250 and 6105.0800 to 6105.0960 within the
Ramsey were the only two local governments
Mississippi River Corridor Critical Area.
within the Wild & Scenic designated portion
of the Mississippi River, and both were
Subp. 6. Superseding standards. Specific standards found in this
removed from this designation by the
chapter supersede Executive Order 79-19 and parts 4410.8100 to
Legislature in 2012.
4410.9910 for management of the Mississippi River Corridor Critical
Area.
PART 6106.0040 SEVERABILITY
Severability means that if particular elements
of these rules are found to be
Minnesota Statutes, section 645.20, applies to this chapter.
unconstitutional, the remaining provisions
will continue in force as law. This is a
standard clause of all rules and ordinances.
PART 6106.0050 DEFINITIONS
Of these terms and definitions:
19 16 refer to or are derived from
Subpart 1. Scope of terms and measurement of distances. For the
Minnesota Statutes, section 116G and/or
purposes of parts 6106.0010 to 6106.0150, the terms used have the
Executive Order 79-19, including: adjacent;
meaning given in this part. All distances, unless otherwise specified, are
barge fleeting area; barge slip; bluffline;
measured horizontally.
developer; development; development
permit; discretionary action; essential
Subp. 2. Access path. "Access path" means an area designated to
services; local government; Metropolitan
provide ingress and egress to public waters.
plans, guides, and standards; MUSA; off-
Subp. 3. Accessory structure. "Accessory structure" means a building,
premise general advertising signs; parcel;
structure, or improvement subordinate to and on the same lot as the public transportation facilities; public safety
facilities; setback; steep slopes; and
principal structure or use, including sheds, storage shelters, gazebos,
transmission services.
hot tubs, swimming pools, pole buildings, detached garages, decks,
23 22refer to existing terms and
patios, and other similar structures.
definitions in other state statutes or another
Subp. 43. Adjacent. "Adjacent" means having a boundary that
chapter of rule, including: agricultural use;
physically touches or adjoins.
conditional use; conservation easement;
dock; feedlot; floodplain; interim use; lot;
Subp. 54. Aggregate extraction. "Aggregate extraction" means removal
marina; mooring facility; nonconformity;
of stone, sand, gravel, or other material from the land for commercial,
ordinary high water level; plat; port; public
industrial, or governmental purposes.
waters; shoreland; storm water; subdivision;
2
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 65. Aggregate mining. "Aggregate mining" means construction,
subsurface sewage treatment system;
variance; wetland; and wharf.
reconstruction, repair, relocation, expansion, or removal of any facility
for the extraction, stockpiling, storage, disposal, or reclamation of
the remaining definitions are new and
clarify concepts useful in administering the
nonmetallic minerals. Aggregate mining does not include ancillary
rules.
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, and any structures that drain or divert
public waters to allow mining.
Subp. 76. Agricultural use."Agricultural use" has the meaning given
under Minnesota Statutes, chapter 40A.
Subp. 7. Alternative design. “Alternative design” means 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.
Subp. 8. Barge fleeting. "Barge fleeting" means temporarily parking and
securing barges on the river, on or off channel, while tows are
assembled or broken up.
Subp. 9. Bioengineering. "Bioengineering" means use of living and
nonliving plant materials, in combination with natural and synthetic
support materials, for slope stabilization, erosion reduction, and
vegetative establishment.
Subp. 10. Bluff. "Bluff" means a natural topographic feature having all
The bluff definition is consistent with that in
of the following characteristics:
the statewide Shoreland Management rules.
A bluff is a natural feature in contrast to man-
A.a slope that rises at least 25 feet above the ordinary high water
made features such as highway
level or toe of the bluff. For the purposes of this subpart, “toe of
embankments and road ditches.
the bluff” means the lower point of a horizontal ten-foot
Bluff impact zone is the same definition used
segment with an average slope exceeding 18 percent; and
in the state shoreland rules.
B.the grade of the slope from the ordinary high water level or toe
“Toe” and “top” are incorporated here for
of the bluff to the top of the bluff averages 30 percent or
ease of reference and understanding.
greater. For the purposes of this subpart, “top of the bluff”
Bluffline is used for measuring structure
means the higher point of the highest horizontal ten-foot
setbacks.
segment with an average slope exceeding 18 percent.
Subp. 11. Bluff impact zone. "Bluff impact zone" means the bluff and
land on and within 20 feet of the bluff.
Subp. 12. Bluffline. "Bluffline" means a line delineating the top of the
bluff. More than one bluffline may be encountered proceeding
landward from the river. See also “Top of Bluff.”
Subp. 13. Buffer. "Buffer" means land that is used to protect adjacent
lands and public waters from development and more intensive land
uses. The land is kept in a natural state that provides ecological services
such as filtering runoff, controlling nutrient movement, and protecting
fish and wildlife habitat. In areas of agricultural use, the land is used for
“Buffer” was defined and used in mitigation
less intensive agricultural purposes.
section, which has now been revised; it has
3
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 143. Buildable area. "Buildable area" means the area upon which
been deleted because it’s no longer needed.
structures may be placed on a lot or parcel of land and excludes areas
needed to meet setback requirements, rights-of-way, bluff impact
zones, slope preservation zones, historic sites, wetlands, designated
floodways, land below the ordinary high water level of public waters,
and other unbuildable areas.
Subp. 14. Building. A structure with two or more outside rigid walls
New definition of building is based on FEMA
and a fully secured roof, that is affixed to a permanent site.
NFIP Standard Flood Insurance Policy
definition – to distinguish “building” from
Subp. 15. Certificate of compliance."Certificate of compliance" means
“picnic shelter.”
a document, written after a compliance inspection, certifying that
development is in compliance with applicable requirements at the time
of the inspection.
Subp. 16. Commissioner. "Commissioner" means the commissioner of
natural resources or his or her designee.
Subp. 17. Conditional use. "Conditional use" has the meaning given
under Minnesota Statutes, chapters 394 and 462
Subp. 18. Conservation easement. "Conservation easement" has the
meaning given under Minnesota Statutes, chapter 84C.
Subp. 19. Conservation subdivisiondesign. "Conservation
subdivisiondesign" means a pattern of subdivision that is characterized
by the grouping of lots within a portion of a parcel, where the
remaining portion of the parcel is permanently protected as open
space. Site designs incorporate standards for low impact development.
Subp. 20. Conventional subdivision. "Conventional subdivision" means
a pattern of subdivision that is characterized by lots that are spread
regularly throughout a parcel in a lot and block design.
Subp. 21. Deck. "Deck" means a horizontal, unenclosed, aboveground
level structure, with or without attached railings, seats, trellises, or
other features, attached or functionally related to a principal use or
site.
Subp. 22. Developer. "Developer" has the meaning given under
Minnesota Statutes, section 116G.03.
Subp. 23. Development. "Development" has the meaning given under
Minnesota Statutes, section 116G.03
Subp. 24. Discretionary action. "Discretionary action" means an action
under these MRCCA rules related to land use that requires a public
Local governments asked for clarification on
hearing, such as preliminary platssubdivision proposals, final
which actions fall under “discretionary
subdivision plats, planned unit developments, conditional use permits,
actions.” This definition has been clarified:
only land use actions that pertain to the
interim use permits, variances, appeals, and rezonings.
MRCCA rules are covered.
Subp. 25. Dock. "Dock" has the meaning given under chapter 6115.
Subp. 26. Dwelling unit. "Dwelling unit" means a structure or portion of
a structure or other shelter designed as short- or long-term living
4
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
quarters for one or more persons, including rental or timeshare
“Dwelling unit” not used in Rules, so has been
deleted.
accommodations such as motels, hotels, and resort rooms and cabins.
Subp. 26. Ecological functions. “Ecological functions” means the
functions of vegetation in stabilizing soils, retaining and filtering runoff,
providing habitat and recharging groundwater.
Subp. 27. Electric power facilities. "Electric power facilities" means
equipment and associated facilities for generating electric power or
devices for converting wind energy to electrical energy as identified
and defined under Minnesota Statutes, chapter 216E.
Definition of “essential services” is revised to
Subp. 28. Essential services. "Essential services" means underground or
include navigational structures and aviation
overhead gas, electrical, communications, steam, or water distribution,
safety facilities, (formerly under “public safety
collection, supply, or disposal systems, including stormwater. Essential
facilities) and to clarify that stormwater
services include poles, wires, mains, drains, pipes, conduits, cables, fire
facilities are includedunder “water systems.”
alarm boxes, traffic signals, hydrants, navigational structures, aviation
safety facilities or other similar equipment and accessories in
conjunction with the systems. Essential services , but do not include
buildings, wastewater treatment works as defined in Minnesota
Statutes, chapter 115, or electrical generation and transmission
services.
Subp. 29. Feedlot. "Feedlot" has the meaning given for animal feedlots
under chapter 7020.
Subp. 30. Floodplain. "Floodplain" has the meaning given under
chapter 6120.
Subp. 31. Historic site. "Historic site" means an archaeological site,
standing structure, site, district, or other property that is:
A.listed in the National Register of Historic Places or the State
Register of Historic Sites or locally designated as a historic site;
B.determined to meet the criteria for eligibility to the National
Register of Historic Places or the State Register of Historic Sites
after review by the state archeologist or the director of the
Minnesota Historical Society; or
C.an unplatted cemetery that falls under the provisions of
Minnesota Statutes, chapter 307.
Subp. 32. Impervious surface. "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.
Local governments asked for clarification on
Examples include rooftops, decks, sidewalks, patios, parking lots,
what surfaces were considered “impervious”.
storage areas, and driveways, including those with concrete, asphalt, or
gravel surfaces., and riprap and other hard armoring.
“Riprap and other hard armoring” has been
Subp. 33. Intensive vegetation clearing. "Intensive vegetation clearing"
removed because it is generally not
means removal of trees or shrubs in a contiguous patch, strip, row, or
considered impervious.
block.
5
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 34. Interim use. "Interim use" has the meaning given under
Minnesota Statutes, chapters 394 and 462.
Subp. 35. Land alteration. "Land alteration" means an activity that
exposes the soil or changes the topography, drainage, or cross section
of the land, excluding gardening or similar minor soil disturbances.
Subp. 36. Local government. "Local government" means counties,
municipalities, and townships and all agencies, boards, commissions,
councils, and departments thereof.
Subp. 37. Lot. "Lot" has the meaning given under chapter 6120.
Subp. 38. Lot width. "Lot width" means 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 for
riparian lots. For nonriparian lots, the lot width is the shortest distance
between side lot lines as measured at the midpoint of the longest axis
of the lot.
Subp. 39. Marina. "Marina" has the meaning given under chapter 6115.
Subp. 40. Metropolitan urban service area. "Metropolitan urban
service area" means the area in which the Metropolitan Council
ensures that regional services and facilities under the council's
jurisdiction are provided.
Subp. 41. Mooring facility. "Mooring facility" has the meaning given
under chapter 6115.
Subp. 42. Native plant community. "Native plant community" means a
plant that is indigenous to a particular region. plant community that
has been mapped as part of the Minnesota Biological Survey or
equivalent survey. In Minnesota, a plant is considered native if the
plant occurred in the state at the time of the public land survey, from
1847 to 1907.
Subp. 43. Natural vegetation state. "Natural statevegetation" means
any combination of ground cover, understory, and tree canopy that the
condition, composition, and diversity of the plant community is
substantially unaltered by humansthat, while it may have been altered
by human activity, continues to stabilize soils, retain and filter runoff,
Changed term and definition of “natural
provide habitat and recharge groundwater. or that restoration has
vegetation” consistent with how it is used in
been consistent with the commissioner's guidelines or the local
the vegetation standards.
government's approved plan.
Subp. 44. Nonconformity. "Nonconformity" has the meaning given
under Minnesota Statutes, chapters 394 and 462.
Subp. 45. Nonriparian lot. "Nonriparian lot" means a lot that does not
abut public waters.
Subp. 46. Off-premise advertising signs. "Off-premise advertising signs"
means those signs that direct attention to a product, service, business,
6
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
or entertainment venue that is not exclusively related to the premises
where the sign is located.
Subp. 47. Ordinary high water level. "Ordinary high water level" has
the meaning given under Minnesota Statutes, section 103G.005.
Subp. 48. Parcel. "Parcel" means a quantity of land capable of being
described with such definiteness that its location and boundaries may
be established, which is designated by its owner or developer as land to
be used or developed as a unit or which has been used or developed as
a unit.
Subp. 49. Patio. "Patio" means a constructed hard surface located at
ground level.
Subp. 50. Picnic shelter. “Picnic shelter” is a roofed structure open on
all sides, accessory to a recreational use.
Subp. 510. Planned unit development. "Planned unit development"
Picnic shelter is defined to distinguish it from
means a method of land use or development that merges zoning and
“building.” Picnic shelters may be placed
subdivision controls, allowing developers to plan and develop a large
within setbacks, but not in SIZ, BIZ or SPZ.
area as a single entity, characterized by a unified site design, for a
number of dwelling units or dwelling sites on a parcel and by a mix of
Revised definition of PUD emphasizes
structure types and land uses, and phasing of development over a
development process.
number of years. Planned unit development includes any conversion of
existing structures and land uses that utilize this method of
development.
Subp. 5152. Plat. "Plat" has the meaning given under Minnesota
Statutes, chapters 505 and 515B.
Subp. 5253. Port. "Port" means a water transportation complex
established and operated under the jurisdiction of a port authority
according to Minnesota Statutes, chapter 458.
Subp. 5354. Primary conservation areas. "Primary conservation areas"
means key resources and features, according to Minnesota Statutes,
section 116G.15, subdivision 4, paragraph (b), andincludingesshore
The purpose of defining “primary
impact zones, bluff impact zones, slope preservation zones, floodplains,
conservation areas” is to clearly identify key
wetlands, gorges, areas of confluence with key tributaries, natural
resources and features to protect as land is
drainage routes, unstable soils and bedrock, significant existing
developed or redeveloped. The term is used in
vegetative stands, tree canopies, native plant communities, public river
several parts of the rules, including the
corridor views, other scenic views and vistas, and cultural and historic
standards for subdivision and open space, to
sites and structures., and publicly owned parks, trails, and open spaces.
ensure that key resources and features are
given priority consideration for protection as
Subp. 554. Professional engineer. "Professional engineer" means an
open space. Definition has been revised to
engineer licensed to practice in Minnesota.
emphasize those resources and features
subject to specific standards per these rules.
Subp. 565. Project area. "Project area" means a parcel in its entirety as
proposed for development.
Subp. 576. Public recreational facilities. "Public recreational facilities"
means recreational facilities provided by the state or a local
government or dedicated to public use, including scenic overlooks,
7
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
observation platforms, trails, docks, fishing piers, picnic shelters, water
access ramps, and other similar water-oriented public facilities used for
Public recreational facilities has been revised
recreation. Public recreational facilities do not include buildings.
because they may include accessory
buildings, but those buildings must meet
Subp. 58. Public river corridor views. “Public river corridor views”
structure setbacks, where other facilities are
means views toward the river from public parkland and views toward
largely exempt, as specified in Table 1 and
bluffs from the ordinary high water level of the opposite shore, as seen
part 6106.0130.
during the summer months.
“Public river corridor views” is a new
definition used in standards that encourage
Subp. 57. Public safety facilities. "Public safety facilities" means
identification and protection of key views of
hydrants, fire alarm boxes, street lights, railway crossing signals,
the corridor.
navigational structures and other aviation safety facilities, and similar
Deleted “public safety facilities” because
facilities and accessories, but does not include buildings.
these are covered under “essential service.”
Subp. 5958. Public transportation facilities. "Public transportation
as revised.
facilities" means all transportation facilities provided by the state or a
local government or dedicated to public use, such as roadways, transit
facilities, railroads, and bikeways.
Subp. 5960. Public utilities. "Public utilities" means electric power
facilities, essential services, and transmission services.
Subp. 6061. Public waters. "Public waters" has the meaning given
under Minnesota Statutes, section 103G.005.
Subp. 6162. Readily visible. "Readily visible" means land and
development that is easily seen from the ordinary high water level of
the opposite shore during summer months. This occurs when the river
user first looks up at the surrounding landscape and sees the
development without having to look hard or long or use any
magnification devices.
“Readily visible” provides a performance
Subp. 632. Resource agency. "Resource agency" means any federal,
standard in response to requests by local
governments and other stakeholders to
state, regional or local agency that engages in natural or cultural
clarify visual standards. Definition has been
resource protection or restoration activities, including planning,
simplified in response to LGU comments.
implementation and monitoring.
Subp. 643. Retaining walls."Retaining walls" means vertical or nearly
“Resource agency” is a new definition – the
vertical structures constructed of mortar and rubble masonry, rock, or
term is used in the text.
stone regardless of size, vertical timber pilings, horizontal timber planks
with piling supports, sheet pilings, poured concrete, concrete blocks, or
other durable materials.
Subp. 654. Riparian lot. "Riparian lot" means a lot that abuts public
waters.
Subp. 665. Riprap. "Riprap" means coarse stones, boulders, cobbles,
broken rock or concrete, or brick materials placed or constructed to
armor shorelines, streambeds, bridge abutments, pilings and other
shoreline structures against scour, water or ice erosion. create an
irregular surface against the slope of the existing bank of a public water
“Riprap” definition updated to better capture
and other steep slopes, very steep slopes, or bluffs.
what riprap is used for.
Subp. 676. River-dependent commercial and industrial use. "River-
8
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
dependent commercial and industrial use" means use of land for
commercial or industrial purposes, where access to and use of a surface
water feature is an integral part of the normal conductance of business,
such as barge facilities, ports, and marinas.
Subp. 68. Selective vegetation removal. “Selective vegetative
removal” means the removal of 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.
Subp. 6769. Setback."Setback" means a separation distance measured
horizontally.
New term used in the vegetation standards.
Subp. 6870. Shore impact zone. "Shore impact zone" means 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 50 feet landward of the ordinary high water level in areas of
agricultural use.
Subp. 6971. Shoreline facilities. "Shoreline facilities" means 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
Shoreline facilities are river-dependent and
enhanced by a shoreline location, but do not require a location
need a riverfront location, consistent with the
adjoining public waters as part of their function, are not shoreline
economic purposes of the river corridor as
facilities, such as restaurants, bait shops, and boat dealerships.
described in EO 79-19. The term is used in
Subp. 7072. Shoreline recreational use area. "Shoreline recreational
several parts of the draft rules, including the
use area" means the area within the shore impact zone where design standards for river-dependent
commercial and industrial uses, and the list of
vegetation in a natural state need not exist.where natural vegetation
exceptions to OHWL setbacks.
may be cleared for recreational purposes.
Subp. 7173. Slope preservation zone. "Slope preservation zone" means
land on and within 20 feet of a very steep slope.
Subp. 7274. Steep slope. "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.
Subp. 7375. Storm water. "Storm water" has the meaning given under
chapter 7090.
Subp. 7476. Structure. "Structure" means a building, sign, or
appurtenance thereto, except for aerial or underground utility lines,
such as sewer, electric, telephone, telegraph, or gas lines, including
towers, poles, and other supporting appurtenances.
Subp. 7577. Subdivision. "Subdivision" has the meaning given under
Minnesota Statutes, chapter 462.
Subp. 7678. Subsurface sewage treatment system. "Subsurface
sewage treatment system" has the meaning given under chapter 7080.
9
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 77. Suitable area. "Suitable area" means the area remaining on a
lot or parcel of land after shore impact zones, bluff impact zones, slope
preservation zones, roads and rights-of-way, historic sites, wetlands,
designated floodways, and land below the ordinary high water level are
excluded.
Subp. 7879. Toe of the bluff. "Toe of the bluff," as associated with a
Reference to “suitable area” in rules has been
bluff, means the lower point of the lowest horizontal ten-foot segment
deleted.
with an average slope exceeding 18 percent See under “Bluff”.
Subp. 7980.Toe of the slope."Toe of the slope" means the lower point
of the lowest horizontal ten-foot segment with an average slope
exceeding 18 percent.See under “Slope”
Subp. 8180. Top of the bluff. See under “Bluff”."Top of the bluff," as
associated with a bluff, means the higher point of the highest
horizontal ten-foot segment with an average slope exceeding 18
percent.
Subp. 8281. Top of the slope. See under “Slope”"Top of the slope"
means the higher point of the highest horizontal ten-foot segment with
an average slope exceeding 18 percent.
Subp. 8382. Transmission services. "Transmission services" means:
A.electric power lines, cables, pipelines, or conduits that are: (1)
used to transport large blocks of power between two points, as
identified and defined under Minnesota Statutes, chapter 216;
and (2) for mains or pipelines for gas, liquids, or solids in
suspension, used to transport large amounts of gas, liquids, or
solids in suspension between two points; and
B.telecommunication lines, cables, pipelines, or conduits.
Subp. 8483. Variance. "Variance" has the meaning given under
Minnesota Statutes, chapters 394 and 462.
Subp. 8485. Very steep slope. "Very steep slope" means a natural
topographic feature having all of the following characteristics:
A.the slope rises at least ten feet above the ordinary high water
level or toe of the slope. For the purposes of this subpart, “toe
of the slope” means the lower point of the lowest horizontal
ten-foot segment with an average slope exceeding 18 percent;
Protection of slopes over 18% was required by
and
EO 79-19.
B.the grade of the slope from the ordinary high water level or toe
of the slope to the top of the slope averages 18 percent or
greater. For the purposes of this subpart, "Top of the slope"
means the higher point of the highest horizontal ten-foot
segment with an average slope exceeding 18 percent
Subp. 8586. Water access ramp. "Water access ramp" means a boat
“Water access ramp” revised to include a
ramp, carry-down site, boarding dock, and approach road, or other
broader range of watercraft launching
10
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
conveyance accessthat allows launching and removal of a boat, canoe
facilities.
or other watercraft with or without a vehicle and trailer.
Subp. 8687. Water-oriented accessory structure. "Water-oriented
accessory structure" means a small building or other improvement,
except stairways, fences, docks, and retaining walls, that, because of
the relationship of its use to public waters, reasonably 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.
“Water-oriented accessory structures”
Subp. 8788. Wetlands. "Wetlands" has the meaning given under
identifies structures that are commonly
Minnesota Statutes, section 103G.005. constructed closer to the river than most
structures. These types of accessory
Subp. 8889. Wharf. "Wharf" has the meaning given under chapter
structures are listed as an exception to OHWL
6115.
setbacks in the dimensional standards.
PART 6106.0060 ADMINISTRATION OF PROGRAM
This part lays out the specific roles,
responsibilities, and procedures for
administering the rules. Many provisions are
relatively unchanged from MS 116G.15, EO
79-19 and/or MR 4410.
Subpart 1. Purpose, terms, and time frames. This part establishes the
This subpart clarifies which plans and
ordinances are affected by these rules, the
roles, responsibilities, and authorities for administration of these
role that underlying zoning plays, and the
MRCCA rules. For the purposes of this partand part 6106.0070:
timeframes for specific actions.
For the purposes of this part:
“Plans” refer to only those elements of each
A.the terms "plan," "ordinance," and "plan and ordinance" mean
city’s comprehensive plan (or stand-alone
Mississippi River Corridor Critical Area plans and ordinances,
plan) that deal with land use in the MRCCA.
and updates or amendments theretoto plans and ordinances,
“Ordinances” are those ordinances that
prepared to implement parts 6106.0010 to 6106.0150the
specifically regulate land use activity within
MRCCA rules; and
the MRCCA.
Item B is now covered in part 6106.0070,
B.if plans and ordinances prepared under item A refer to
Subp. 3.
underlying land use or zoning, then the underlying land use and
zoning documents must be submitted and considered in
combination with these plans and ordinances, and together
must substantially comply with parts 6106.0010 to 6106.0150;
and
This clarification in timeframes was requested
by local governments.
C.B.time frames are measured in calendar days.
Subp. 2. Responsibilities and authorities. The standards and criteria for
This subpart explains the roles and
responsibilities of the DNR, the Metropolitan
the Mississippi River Corridor Critical Area established in these MRCCA
Council, and local units of government. These
rules parts 6106.0010 to 6106.0150 must be adhered to by:
three bodies have distinct responsibilities
A.the commissioner for reviewing and approving plans and
related to plans, ordinances and discretionary
ordinances and reviewing discretionary actions;
actions. (Discretionary actions refer to actions
requiring a public hearing.) This is unchanged
B.the Metropolitan Council for reviewing plans and commenting
from EO 79-19.
on ordinances;
Metro Council preference is to focus on plans,
C.local governments when preparing, updating, or amending plans
not ordinances. This draft includes some
and ordinances and reviewing and approving discretionary
changes intended to simplify the review
11
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
actions; and
process and reduce the time required.
Change to MS 116G will be needed to
D.state and regional agencies for permit regulation and plan
implement these.
development within an agency's jurisdiction, and compliance
with zoning regulations of local governments.
Subp. 3. Substantial compliance. Local governments within the
This subpart states that local governments
are responsible for implementing these rules
Mississippi River Corridor Critical Area shallmust adopt, administer, and
on the ground. This is unchanged from EO 79-
enforce plans and ordinances in substantial compliance with these
19.
MRCCA rulesparts 6106.0010 to 6106.0150. Plans and ordinances must
The concept of “substantial compliance” is
be submitted to the Metropolitan Council and the commissioner for
new to the MRCCA and provides local
review and must be approved by the commissioner before they are
governments with flexibility to negotiate
adopted as provided under subpart 11.
methods that satisfy the purpose of the rules
without being in strict conformance with the
rules. The method for pursuing flexibility is
covered in part 6106.0070, Subp 6.
The flexibility approach is used in the
shoreland rules.
Subp. 4. Greater restrictions.
This subpart clarifies that local governments
may adopt regulations that are stricter than
Nothing in these MRCCA rules parts 6106.0010 to 6106.1050 shall be
the rules. This clarification was sought by
construed as prohibiting or discouraging a local government from
local governments and other stakeholders.
adopting and enforcing plans and ordinances that are more restrictive
than parts 6106.0010 to 6106.0150the rules.
Subp. 5. Adoption schedule. This section has been modified and moved to
Part 6106.0700, Subp. 2.
A.In consultation with the Metropolitan Council, the
commissioner shall prepare a notification schedule for local
governments to prepare or amend plans and ordinances.
B.Within the time frames provided under subpart 11, local
governments must prepare or amend plans and ordinances to
substantially comply with parts 6106.0010 to 6106.0150.
C.All plans and ordinances adopted by local governments
pursuant to Executive Order 79-19 and chapters 6105 and
6120 that are in existence on the effective date of this chapter
remain in effect and shall be enforced until plans and
ordinances are amended in substantial compliance with parts
6106.0010 to 6106.0150, approved by the commissioner, and
adopted by the local government as provided under subpart
11.
D.Where a local government has not adopted plans and
ordinances, development shall continue to be governed by the
interim development regulations in Executive Order 79-19,
until such time as plans and ordinances that substantially
comply with parts 6106.0010 to 6106.0150 are approved by
the commissioner and adopted by the local government as
provided under subpart 11.
12
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
E.A.The adoption of plans and ordinances in substantial
compliance with parts 6106.0010 to 6106.0150 do not in any
way limit or modify the rights of a person to complete a
development that is authorized as provided under Minnesota
Statutes, section 116G.13.
Subp. 65. Duties of commissioner. The commissioner must:
This subpart details the specific duties of the
DNR in administering the rules.
A.consult with the United States Army Corps of Engineers,
National Park Service, Metropolitan Council, and other agencies
This item states that the DNR must consult
and local governments to ensure that the Mississippi River
with other agencies and LGUs to ensure the
Corridor Critical Area is managed as a multipurpose resource
corridor is managed as a multipurpose
consistent with the purposes of these MRCCA rules as stated in
resource. Revised to streamline text by cross-
part 6106.0020 and Minnesota Statutes chapter 116G.15, subd.
referencing purpose statement.
2; in a way that:
A.conserves the scenic, environmental, recreational, mineral,
economic, cultural, and historic resources and functions of the
river corridor;
B.maintains the river channel for transportation by providing and
maintaining barging and fleeting areas in appropriate locations
consistent with the character of the Mississippi River and
riverfront;
C.provides for the continuation and development of a variety of
urban areas, including industrial, commercial, and residential
uses, where appropriate, within the Mississippi River Corridor
Critical Area;
D.utilizes certain reaches of the river as a source of water supply
and as a receiving water for properly treated sewage, storm
water, and industrial waste effluents; and
E.A.protects and preserves the biological and ecological functions of
Item B outlines how the DNR will assist local
the Mississippi River Corridor Critical Area.
governments in complying with the rules.
B.B. The commissioner shall provide advice and assistance to local
governments and agencies in the Mississippi River Corridor
Critical Area during the development, adoption, administration,
and enforcement of plans and ordinances, consistent with the
purposes in part 6106.0020;, and
The ordinance review process is now covered
under part 6106.0070.
F.specifically shall:
C.be the lead agency to coordinate the preparation, submission,
review, and modification of plans and ordinances that are
prepared by local governments as provided under 6106.0070.
C.develop model ordinances;
The optional activities in this subpart have
D. review and approve final draft plans and ordinances before
been deleted because these need not be
included in rule.
adoption by a local government as provided under part
6106.0070subpart 11; and. If requested by a local government,
the commissioner shall review preliminary draft plans and
ordinances and provide comments to assist the local
13
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
government in complying with parts 6106.0010 to 6106.0150;
and
E.consult with agencies identified in subpart 10 9 to ensure that
the agencies administer lands and programs under the agencies'
jurisdictions consistent with these MRCCA rules.
F.To aid in the fulfillment of the state's role to preserve and
protect the Mississippi River Corridor Critical Area and to
monitor the administration and enforcement of Mississippi
River Corridor Critical Area ordinances, the commissioner may:
G.review decisions concerning discretionary actions under
Mississippi River Corridor Critical Area ordinances;
H.evaluate local government actions and overall implementation
and enforcement of Mississippi River Corridor Critical Area
ordinances to ensure compliance with the state's minimum
standards and criteria;
I.periodically report to local governments on potential
deficiencies and achievements;
J.develop model plans;
K.develop materials for local governments to use in educational
and marketing efforts that encourage the use of best
management practices specified in parts 6106.0010 to
6106.0150;
L.develop model mitigation measures or systems for common
conditions for local governments to use as provided under
subpart 17; and
M.develop training programs for parts 6106.0010 to 6106.0150
and for the use of model ordinances.
N.If, after review, the commissioner determines that a local
government has failed to adopt, administer, or enforce plans
and ordinances in substantial compliance with parts 6106.0010
to 6106.0150, the commissioner may:
O.adopt plans and ordinances for a local government that has
failed to do so as provided under subpart 11, item G;
P.appeal the actions of a local government to the courts as
provided under Minnesota Statutes, chapters 116G, 394, and
462, as applicable;
Q.reduce or eliminate a local government's eligibility for grant
programs administered by the commissioner; and
R.initiate judicial proceedings to compel specific performance by a
local government of any duty required under parts 6106.0010 to
6106.0150 or under any plans and ordinances adopted
according to parts 6106.0010 to 6106.0150.
The commissioner may seek reimbursement from the local government
for any costs incurred to implement item D, subitem (1).
Subp. 6. Duties of Metropolitan Council. The Metropolitan Council
Duties of the Metropolitan Council are
described in this subpart. The Met Council is
14
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
must:
responsible for reviewing plans and
ordinances and providing recommendations
A.incorporate the standards and criteria in parts 6106.0010 to
to the DNR for approval of plans and
6106.0150 into the council's planning processes;
ordinances. The Met Council prefers to focus
on plan review rather than ordinance review.
B.work with local governments and the commissioner to ensure
that the standards and criteria in parts 6106.0010 to
106.0150these MRCCA rules are being adopted and
implemented; and
C.be the lead agency to coordinate with the commissioner on the
preparation, submission, review, and modification of plans and
commenting on ordinances that are prepared by local
governments as provided under subpart 711; and
provide written comments and recommendations to the
commissioner on all proposed plans and ordinances submitted
by local governments, within the time frames provided under
subpart 11, item B.
Subp. 7. Duties of local governments. Local governments must: This subpart outlines LGU responsibilities:
Updating plans and policies for
A.prepare or amend plans and ordinances to meet or exceed the
consistency with the rules.
minimum standards and criteria in these MRCCA rules and as
provided under subpart 11 part 6106.0070;
Updating ordinances for consistency with
the rules
B.submit proposed plans and ordinances that affect lands within
Reviewing and approving discretionary
the boundaries of the Mississippi River Corridor Critical Area to
actions consistent with their ordinance
the Metropolitan Council and the commissioner for review and
and plans.
subsequent review and approval by the commissioner, before
adoption as provided under part 6106.0070,subp. 3subpart 11;
C.adopt, administer, and enforce plans and ordinances as
provided under part 6106.0070,subp. 3subpart 3;
D.send notice of public hearings to consider plans and ordinances
Item D details the specific notification
and development requiring discretionary action affecting lands
requirements.
within the boundaries of the Mississippi River Corridor Critical
Area to the following parties so that the parties receive the
Statutory change would be needed to change
notice at least ten 30 days before the public hearing:
notice requirement to 30 days.
(1)the commissioner, in a format prescribed by the
commissioner, and. Notices to the commissioner for
discretionary actions must also include a copy of the
DNR only needs the notice, and will ask for
extra documents as needed.
completed application, the site plan as provided under
subpart 13, and any other relevant information;
(2)the National Park Service; and
Notification of adjoining local governments
(3)for buildings exceeding height limits specified in part
will only be required for conditional use
6106.0120, as part of the conditional use permit or variance
processes and variances for buildings
exceeding height limits, not for all
process, adjoining local governments, including those with
development requiring discretionary action.
overlapping jurisdiction and those across the river; and
Notification within 10 days of action is
E.send notice of final decisions for actions under item D, including
required by MS 116G.15.
findings of fact, within ten days following the final decision, to
15
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
those parties listed under and in the manner prescribed by item
D.
Subp. 8. Duties of townships and counties.
This subpart applies to four townships
(Denmark, Grey Cloud Island, Nininger, and
A.According to subpart 87, townships must prepare or amend
Ravenna) and two counties (Washington and
plans and ordinances in substantial compliance with these
Dakota) that have land use authority within
MRCCA rules parts 6106.0010 to 6106.0150, under the authority
the MRCCA. It describes the responsibilities
of Minnesota Statutes, chapters 394, 462, and 473.
and notification requirements of townships
and counties.
B.According to subpart 87, counties must prepare or amend plans,
and may prepare ordinances in substantial compliance with
these MRCCA rules,parts 6106.0010 to 6016.0150, under the
authority of Minnesota Statutes, chapters 394 and 473. If a
county has adopted ordinances under this part:
Township regulations must be at least as
(1)a township's plan and ordinances must be consistent with or
restrictive as the counties they are in.
moreand at least as restrictive than as the plan and
ordinances adopted by the county in which the township is
“at least as effective” is too hypothetical a
located as provided under Minnesota Statutes, chapter 394;
criterion, since no counties currently
(2)a township must provide for administration and enforcement
administer MRCCA ordinances.
of Mississippi River Corridor Critical Area ordinances in a
Since a county and township may have
manner that is at least as effective as the respective county's
concurrent or overlapping jurisdiction, a
implementation; and
township could adopt a county’s ordinance by
(3)a township may adopt a county's ordinances by reference.
reference.
Subp. 9. Duties of other agencies.
This subpart describes the duties for all
special units of government or government
An agency owning and managing lands within the Mississippi River
agencies. This is unchanged from EO 79-19,
Corridor Critical Area shallmust manage the lands under the agency's
which states that agencies will comply with
ownership consistent with these MRCCA rulesparts 6106.0010 to
MRCCA requirements.
6106.0150. For purposes of this subpart, "agency" means the
Metropolitan Airports Commission, University of Minnesota, National
Deleted federal agencies and institutions over
Park Service, United States Army Corps of Engineers, Department of
which the state has no authority.
Natural Resources, Metropolitan Council, Minneapolis Park and
Recreation Board, Three Rivers Park District, Department of
Transportation, Anoka-Ramsey Community College, watershed
management organizations as established under Minnesota Statutes,
chapter 103B, watershed districts as established under Minnesota
Statutes, chapter 103D, or any other federal, state, or local general or
special purpose unit of government.
PART 6106.0070 PREPARATION, REVIEW, AND APPROVAL OF PLANS AND
Placed these requirements in a new part in
order to clarify the organization of the rules.
ORDINANCES
Subpart. 1. Purpose. The purpose of this part is to establish the
process, responsibilities, timeframes, content requirements, and
evaluation criteria for the preparation, review, and approval of plans
and ordinances, in order to ensure an efficient process aligned with
other regional and local planning processes.
16
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 2. Adoption schedule.
Requirements of this section were originally
in 6106.0600 Subp. 5.
A.In consultation withThe commissioner and the Metropolitan
Council, the commissioner shall will jointly preparedevelop a
This subpart clarifies that, once promulgated,
notification schedule for local governments to prepare or
these rules won’t take effect immediately;
amend plans and ordinances to substantially comply with these
local governments won’t be required to
MRCCA rules. The schedule will align as closely as possible with
prepare or amend plans and ordinances until
the comprehensive plan update process scheduled under
notified by DNR, and will be given a
Minnesota Statutes, section 473.851 to 473.871.
reasonable amount of time to do so. Existing
local plans and ordinances remain in effect
Within the time frames provided under subpart 11, local
until new plans and ordinances are approved
governments must prepare or amend plans and ordinances to
by the DNR.
substantially comply with parts 6106.0010 to 6106.0150.
B.All plans and ordinances adopted by local governments
pursuant to Executive Order 79-19 and chapters 6105 and 6120
that are in existence on the effective date of this chapterthese
MRCCA rules remain in effect and shallmust be enforced until
plans and ordinances are amended in substantial compliance
with these MRCCA rulesparts 6106.0010 to 6106.0150,
approved by the commissioner, and adopted by the local
government as provided under subpart 311.
Item C pertains to the cities of Brooklyn
C.Where a local government has not adopted plans and
Center and Hastings, which currently do not
ordinances, development shallmust continue to be governed by
have approved MRCCA ordinances in place
the interim development regulations in Executive Order 79-19,
and are subject to the interim development
until such time as plans and ordinances that substantially
regulations in EO-79-19.
comply with parts 6106.0010 to 6106.0150these MRCCA rules
are approved by the commissioner and adopted by the local
government as provided under subpart 113.
Item D clarifies that land use applications and
D.The adoption of plans and ordinances in substantial compliance
projects approved by a local government
with these MRCCA rules parts 6106.0010 to 6106.0150 does not
prior to the adoption of ordinances for
in any way limit or modify the rights of a person to complete a
compliance with this rule may be completed
development that is authorized as provided under Minnesota
as approved.
Statutes, section 116G.13.
Subp. 311. Preparation, review, approval, and adoption of plans and
ordinances.Plan and ordinance review.
A.Within one year of notification from the commissioner under
subpart 51, local governments must prepare or amend plans
and ordinances and formally submit a draft of these documents
to substantially comply with these MRCCA rules. The
commissioner may grant extensions to local governments if
requested in writing and if the local government is making a
good faith effort to meet the submittal deadline. The extension,
if granted, must include a timetable and plan for completion of
the ordinance.
B.Local governments must formally submit drafts of plans and
Metropolitan Council staff suggests
ordinances to the commissioner and the Metropolitan Council
concurrent submittals (currently submitted
17
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
for concurrent review, for review in a format prescribed by the
first to Met Council). This would require a
change to MS 116G to take effect.
commissioner.
C.Local governments may propose ordinance standards that are
not in strict conformity with parts 6106.0010 to 6106.0150these
See cross-reference to flexibility procedures
MRCCA rules, as provided under items J and Ksubpart 6. Local
(subpart 6).
governments may submit preliminary draft plans and
ordinances to the commissioner for informal review prior to
formal submission to the Metropolitan Council. Upon a formal
written request from the local government, the commissioner
may grant an appropriate extension of time when the
commissioner determines that the local government is making a
To adequately review ordinances, underlying
good faith effort to meet the submittal deadline. If ordinances
zoning needs to be documented
prepared under item B refer to standards in underlying zoning,
then the underlying zoning documents must be submitted and
considered in combination with the ordinance, and together
must substantially comply with these MRCCA rules.
D.Within 45 60 days of receiving draft plans and ordinances from
The 60-day and 30-day time frames are
local governments as provided under item A, the commissioner
suggested for coordinated review. 60-day
and the Metropolitan Council must review the plan or ordinance
period is consistent with requirements for
and communicate a decision to the local government.
LGUs under MS 15.99.
The Metropolitan Council must submit its comments to the
(1)
commissioner within (30) days. The commissioner will have
(30)days to complete the review, takinginto account the
comments submitted by the Metropolitan Council.
Plans must be reviewed for consistency with these MRCCA
(2)
rules and regional systems and policies as specified in MS
Metro Council roles are adjusted per their
473.859. The Metropolitan Council must review and
input in order to clarify time frames and
comment on the plan regarding consistency with the
coordination.
council’s comprehensive development guide for the
metropolitan area.
Ordinances must be reviewed for consistency with these
(3)
MRCCA rules and with comprehensive plans adopted by
local governments.
must review the draft plans and ordinances for consistency
with regional objectives, parts 6106.0010 to 6106.0150, and
Minnesota Statutes, chapter 116G; submit the council's
written evaluation, copies of the draft plans and ordinances
reviewed, and any other relevant materials to the
commissioner; and provide a copy of the submission to the
National Park Service. Upon a formal written request from the
Metropolitan Council, the commissioner may grant an
appropriate extension of time when the commissioner
determines that the Metropolitan Council requires more time
for review.
A.E.Upon completing the review, the commissioner must take one
18
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
of the following two actions and provide a copy of the decision
to the Metropolitan Council and the National Park Service:
approve the draft plans and ordinances by written decision
(1)
and notify the local government; or
return the draft plans and ordinances to the local
(2)
government for modification, with a written explanation of
the need for modification.
B.F.When the commissioner returns a draft plan and ordinances to
the local government for modification, the commissioner must
provide a written explanation of the deficiencies of the draft
plan and ordinances that need to be corrected by the local
government before the commissioner can approve the draft
plan and ordinances. Within 60 days of the receipt of the
commissioner's written explanation, the local government must
revise the draft plan and ordinances within 60 days of receipt of
the commissioner’s written explanation, consistent with the
Removed language about “formal meetings,”
instructions of the commissioner and must resubmit the revised
since meetings are held routinely with local
governments as requested.
draft plan and ordinances to the commissioner. If requested by
the local government or the Metropolitan Council, a final
revision need not be made until a formal meeting has been held
with the commissioner on the draft plan and ordinances. If, in
the opinion of the commissioner, the local government is
making a good faith effort to complete the modifications in a
timely manner, the commissioner may grant an appropriate
extension of time. Upon receiving the revised draft plan and
ordinances from the local government, the commissioner and
the Metropolitan Council shallmust conduct the review as
provided under item CD.
The commissioner may grant extensions to local
(1)
governments if requested in writing and if the local
government is making a good faith effort to meet the
submittal deadline. The extension, if granted, must include
a timetable and plan for completion of the ordinance.
C.G.Within 45 60 days of receiving the commissioner's approval of
a draft plan and or ordinances, the local government must
adopt the commissioner-approved draft plan and ordinances
and submit a copy of the final adopted plan and ordinances,
with evidence of adoption, to the commissioner, the
The last sentence in (G) is covered under
Metropolitan Council, and the National Park Service. Plans and
items H and I.
ordinances prepared according to this part become effective
when adopted by the local government or upon such date as
the commissioner may provide in the written order adopting the
plans and ordinances as provided under item G.
H.Only those plans and ordinances approved by the commissioner
shall have the force and effect of law.
19
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
D.I.Local governments must enact, for lands within the Mississippi
River Corridor Critical Area, only those plans and ordinances
that have the written approval of the commissioner. Once in
effect, the local government must implement and enforce the
commissioner-approved plans and ordinances.
E.J.If a local government fails to prepare and submit a draft plan
and ordinances within one year of notification as provided
under item A, fails to incorporate modifications that are
acceptable to the commissioner as provided under item DE(2),
or fails to adopt commissioner-approved plans or ordinances as
provided under item EH, the commissioner must:
prepare plans and ordinances in substantial compliance
(1)
with parts 6106.0010 to 6106.0150these MRCCA rules
within 90 days of the deadline for preparation or adoption
of plans and ordinances as provided under items A to E or
the end date of an extension of time approved by the
commissioner as provided under item D;
conduct a public hearing as provided by Minnesota
(2)
Statutes, chapter 14, and other statutes as applicable;
within 60 days of the conclusion of the public hearing,
(3)
adopt the plans and ordinances for the local government's
portion of the Mississippi River Corridor Critical Area by
written order; and
give notice of the adopted plans and ordinances to the
(4)
affected local government, the Metropolitan Council, and
the National Park Service.
K.Plans and ordinances that have been adopted by the
commissioner apply and have the same effect as if adopted by
the local government and shallmust be administered and
enforced by the local government.
L.Local governments may amend plans and ordinances Aat any
time after the preparation and adoption of plans and ordinances
by the commissioner, a local government may prepare or
amend plans and ordinances according to parts 6106.0010 to
6106.0150.following the procedures detailed in items C through
I above. When the plans and ordinances are approved by the
Item M was added to ensure that MRCCA
commissioner, they supersede the plans and ordinances
plans are updated regularly and are
adopted by the commissioner.
considered and better integrated with other
comprehensive plan elements that are being
M.Plans must be updated regularly on the same schedule as other
updated every 10 years (i.e. land use,
comprehensive plan elements according to Minnesota Statutes,
transportation, etc.) .
chapter 473.
F.Local governments may update or amend plans and ordinances
that have been approved by the commissioner by resubmitting
the plans and ordinances with the recommended changes to the
commissioner for consideration. Updates and amendments to
20
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
plans and ordinances become effective only upon approval by
the commissioner in the same manner as for approval of the
original plans and ordinances as provided under this subpart.
Flexibility request process is now in its own
Subpart 6, and has been revised to simplify
G.Local governments may, under special circumstances and with
language.
the commissioner's prior approval, adopt ordinances that are
not in strict conformity with parts 6106.0010 to 6106.0150, if
the purposes of Minnesota Statutes, section 116G.15, are
satisfied. A local government must request the commissioner's
consideration of alternative standards and obtain the
commissioner's approval before formal submittal of draft
ordinances to the Metropolitan Council as provided under item
A. A local government requesting ordinance flexibility must
submit the following items to the commissioner:
H.a detailed description of the proposed alternative standards
that are not in strict conformity with parts 6106.0010 to
6106.0150;
I.a demonstration that the alternative standards are consistent
with the policies, purposes, and scope of this chapter according
to parts 6106.0010 to 6106.0030;
J.a description of the special circumstances that justify the use of
alternative standards;
K.input from adjoining local governments, including those with
overlapping jurisdiction and those across the river, and the
public potentially affected by the alternative standards; and
L.supporting information, maps, and documents, as appropriate,
to explain the request to the commissioner.
M.Upon receiving a complete request for ordinance flexibility as
provided in item J, the commissioner must:
N.acknowledge, in writing, receipt of the request and, within 60
days of receipt of the complete request, issue a written decision
approving or denying the request. The commissioner and the
local government requesting ordinance flexibility may mutually
agree to an extension of the 60-day response requirement; and
state in writing to the local government the reasons for the
approval or denial and, as appropriate, suggest alternative
solutions or regulatory approaches that would be acceptable to
the commissioner.
Subp. 412. Contents of plans.
This subpart identifies the specific elements
A.Local governments must prepare a plan to identify and protect
to be included in each LGU MRCCA Plan.
environmentally sensitive areas within the Mississippi River
Requirement to prepare the plan is in Subp.
Corridor Critical Area and to further the purposes identified in
3.A above.
part 6106.0020 and Minnesota Statutes, chapter 116G. The plan
must be a component of the local government's comprehensive
plan prepared according to Minnesota Statutes, chapter 473.
B.Plans must contain maps, policies, and implementation
21
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
provisions to:
(1)protect the resources and features identified in Minnesota
Statutes, section 116G.15, subdivision 4, paragraph
“Screening” is replaced by identification of
(b);identify and protect primary conservation areas;
scenic views and vistas under the definition of
provide for screening existing development that constitutes
“primary conservation areas”
a visual intrusion, whenever appropriate;
ensure that development requiring urban services not be
Revised to focus on most relevant elements of
permitted outside the metropolitan urban service area
plans; MUSA requirements would be met as a
boundary as established by the Metropolitan Council;
matter of course as part of comp plan
(2)identify areas that are priorities for restoration of natural
updates.
vegetation, erosion prevention, bank stabilization, or other
Identification of priorities for restoration is a
restoration activities;
new element. Priorities for restoration will be
(2)(3) minimize potential conflict of water surface uses as
considered as part of the subdivision, PUD,
provided under Minnesota Statutes, chapter 86B;
and redevelopment process as outlined in
(3)(4)provide for commercial barge terminals, barge fleeting,
part 6106.0170.
and recreational marinas, where appropriate and if
applicable;
(4)(5)provide for future commercial and industrial uses that
require water access;
(5)(6)maximize provide for the creation and maintenance of
open space and recreation facilities, including parks, scenic
overlooks, natural areas, islands, and wildlife areas;
(6)(7)identify potential public access points and trail
locations; and
(7)(8)provide for transportation and public utility
development in a manner consistent with parts 6106.0010
to 6106.0150these MRCCA rules.
Subp. 5. Contents of ordinances. New section clarifies what must be included
in local ordinances. Requirements on how the
A.Local ordinances must substantially comply with the standards
ordinance is structured as an overlay district
in these MRCCA rules and must include:
means that enough information will be
(1)definitions consistent with those in part 6106.0050;
provided for assessment of changes in
(2)administrative provisions consistent with those in part
underlying zoning.
6106.0080;
(3)minimum standards and criteria consistent with those in
part 6106. 0110 through 6106.0170;
A.B.The local ordinance must be structured as an overlay district. If
a conflict exists with underlying zoning, the provisions of the
overlay district shall govern. Where the underlying zoning
standards apply (e.g., height in some districts) those standards
must be referenced in the overlay district. Where specific
dimensions are listed in part 6106.0120, those dimensions must
be included in the overlay district.
Subpart 6. Flexibility requests for ordinances.
This provision, along with subpart 3, provides
A.Local governments may, under special circumstances and with
22
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
the commissioner's prior approval, adopt ordinances that are
flexibility to local governments to adopt
ordinances that deviate from the rulesfor
not in strict conformity with these MRCCA rules, if the purposes
special circumstances. Flexibility was
of Minnesota Statutes, section 116G.15, are satisfied, and the
requested by local governments to propose
ordinance is consistent with the plan prepared by the local
their own ordinances to meet the intent of
government. Special circumstances may include the following
the MRCCA. Standards for evaluating
situations:
flexibility requests have been added, as well
areas where existing urban, residential, commercial or
(1)
as a list of special circumstances based on
industrial development patterns have been in place for
shoreland rules.
many years and much of the development does not meet
the minimum state standards;
designation of areas where standards are more restrictive
(2)
than minimum state standards as trade-offs for other areas
where they are less restrictive;
the requirements of development, redevelopment,
(3)
stormwater, parks and other specific plans that are part of
an approved comprehensive plan; and
existing or planned wastewater, stormwater, water supply
(4)
and/or utility facilities and similar physical or infrastructural
constraints.
B.A local government requesting ordinance flexibility must submit
the following items to the commissioner as part of the
ordinance submittal required under subpart 2:
a detailed description of the proposed alternative standards
(1)
that are not in strict conformity with a demonstration that
Flexibility could now be requested as part of
the alternative standards are consistent with the policies,
ordinance submittal (Subp. 2) rather than as
purposes, and scope of this chapter according to parts
a separate process (as in the 2011 draft) to
6106.0010 to 6106.0030these MRCCA rules;
reduce the administrative burden.
a description of the special circumstances that justify the
(2)
use of alternative standards;
input from adjoining local governments, including those
(3)
with overlapping jurisdiction and those across the river, and
the public potentially affected by the alternative standards;
and
supporting information, maps, and documents, as
(4)
appropriate, to explain the request to the commissioner.
B.C.Within 60 days of Upon receiving a complete request for
ordinance flexibility as provided in item B, the commissioner
must:
(1)evaluate the request based on:
a)the extent to which alternative standards satisfy the
purposes of Minnesota Statutes, Chapter 116G, and
the policies, purposes and scope of this chapter;
b)the likely impact on primary conservation areas and ;
and public river corridor views; and
c)the opportunities for mitigation techniques that
address any adverse impacts.
23
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(1)(2)Approve or deny the request, At the completion of the 60-
day review period specified in subpart 2.D,state in writing to
the local government the reasons for the approval or denial,
and, as appropriate, suggest alternative solutions or
regulatory approaches that would be acceptable to the
commissioner.
Subpart 7. Plans and projects of state and regional agencies.State
This new subpart was added to clarify that
state agencies must comply with these rules.
and regional agencies owning and managing lands within the
Mississippi River Corridor Critical Area must comply with the standards
in these MRCCA rules and with local government ordinances. Agencies
must include the following elements in their plans and project designs
for parks and other protected lands:
A.standards for public utilities and facilities consistent with the
standards in part 6106.0130; and
A.B.provisions for protection of primary conservation areas and
public river corridor views.
PART 6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES This new part was added to improve rule
organization and provide a logical sequence
Subpart 1. Purpose. The purpose of this part is to identify
of requirements for local ordinances.
administrative provisions that must be included in local ordinances to
ensure that ordinances are administered consistent with the purpose of
these MRCCA rules.
Subp. 2. Variances.
Revised to clarify that requiring mitigation is
an option for local government where
A.A local government shall must consider applications for
warranted; however, if an impact is
variances consistent with Minnesota Statutes, chapters 394 and
determined, mitigation must be required.
462. In addition, the local government’s review must consider
potential impacts on primary conservation areas and other
resources identified in local governments’ plans.
B.Variances must If a local government determines that a variance
would affect primary conservation areas or other identified
resources, it must require mitigation proportional to the effect
of the requested variance on the affected resource as provided
under in subpart 5.
Subp. 3.Nonconformities.
This extensively revised section replaces
former Subp. 14. The revisions are intended
A. The purpose of this subpart is to allow uses and structures that
to address LGU concerns and clarify the
came into existence legally, in conformance with then-
status of nonconforming buildings, structures
applicable requirements, to continue to exist and be put to
and lots.
productive use.
B. Nonconformities are regulated by local governments consistent
with Minnesota Statutes, chapters 394 and 462.
C. Local governments may choose to allow expansion of legally
nonconforming principal structures that do not meet the
setback requirements in part 6106.0120, provided that such
24
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
expansion does not extend further into setbacks required by
these MRCCA rules.
D. New structures erected in conformance with the setback
averaging provisions of part 6106.0120, subp. 3.D are
considered to be in conformance with local ordinance
requirements.
E. Site alterations that were made legally prior to the effective
date of local ordinances adopted under this rule are not
considered nonconformities.
Subp. 4. Conditional and interim use permits.
The rules require a CUP or IUP formining,
cellular towers, facilities to accommodate
A.In addition to meeting the requirements of Minnesota Statutes,
disabilities, and buildings exceeding height
chapters 394 and 462, local ordinances must a local
limits in some districts. This subpart also
government’s review of conditional and interim uses must
applies to activities that LGUs regulate
consider incorporate standards for the review of potential
through their required CUPs and IUPs.
impacts on primary conservation areas and other resources
identified in local governments’ plans.
B.When evaluation and assessment identify an impact under item
A, then the issuance of a conditional or interim use permit
include conditions for mitigation according to subpart 5.
C.Interim use permits must require compliance with plans and
ordinances adopted under this part.
Subp. 14. Nonconformities.
This subpart replaced by Subp. 3 above.
A.Notwithstanding item B, nonconformities are regulated by
local governments consistent with Minnesota Statutes,
chapters 394.36 and 462.357.
B.A.Expansion of nonconforming structures may be permitted if
the expansion does not increase the degree of nonconformity
and provided that any expansion of a nonconforming structure
that increases the horizontal or vertical riverward structure
face are not allowed unless it can be demonstrated that the
expansion will not be readily visible.
Subp. 16. Variances.
Modified and moved to Subp. 2 above._
A.A local government shall consider variances consistent with
Minnesota Statutes, chapters 394 and 462.
B.A.Variances must require mitigation as provided under subpart
17.
Subp. 5.Mitigation.
This subpart clarifies when mitigation is
required.
A.When a local government identifies a potential negative impact
to primary conservation areas and other resources identified in
the local government’s plan, it must require mitigation for:
(1)a variance granted to ordinances adopted under these
MRCCA rules; and
25
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(2)a conditional or interim use permit granted pursuant to
ordinances adopted under these MRCCA rules.
A.Mitigation is required for:
(1)a variance granted to ordinances adopted under this part;
and
(2)a conditional or interim use permit granted pursuant to
ordinances adopted under parts 6106.0090 to 6106.0150.
A.B.Mitigation must be proportional to the impact of the project on
Item B is revised to clarify that local
primary conservation areas and other resources identified in
government may determine appropriate
local governments’ plans.the resources and features identified
mitigation and to remove specific examples of
in Minnesota Statutes, section 116G.15, subdivision 4,
mitigation (these were provided as guidance
paragraph (b).
to local government).
B.Mitigation must include one or more of the following measures
as determined necessary by the local government:
(1)increased setbacks from the ordinary high water level and
blufflines;
(2)voluntary dedication of public access or trails;
(3)modifications to structure or facility design or location to
minimize the impact;
(4)voluntary conservation easements to protect the shore
impact zone, bluff impact zone, slope preservation zone, or
other buffers;
(5)restoration of native vegetation on the site;
(6)limiting storm water runoff and directing it away from
bluffs, steep slopes, and very steep slopes;
(7)restoration of areas within the shore impact zone, bluff
impact zone, slope preservation zone, wetlands, floodplains,
or buffers to a natural state;
(8)use of low-impact development storm water management
as provided under Minnesota Statutes, section 115.03,
subdivision 5c, to manage the rate and volume of storm
water runoff to predevelopment conditions;
(9)voluntary removal of nonconforming structures or
impervious surfaces that do not comply with plans and
ordinances adopted under this part;
(10)use of techniques to reduce visual impact;
(11)voluntary connection to a public sewer; or
(12)(1)other conditions considered necessary by the local unit
of government.
Subp. 613. Site plans.
This subpart lists what should be included in
plan sets to support decision-making on
A.Site plans are required for development within the Mississippi
discretionary actions such as subdivisions,
River Corridor Critical Area that requires discretionary action or
PUDs, CUPs, IUPs and for specific permits
that requires a permit under parts 6106.0010 to
required by these rules – for vegetative
6106.0150these MRCCA rules.
removal, land disturbance, or work in the BIZ,
SIZ, or SPZ
B.In addition to local requirements, site plans must include, at a
minimum:
26
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(1)a detailed description of the project, including how the
project complies with the plans and ordinances adopted
under this part; and
(2)scaled mapping, dimensional renderings, plans,
maintenance agreements, and other materials that identify
and describe the following and demonstrate compliance
with plans and ordinances, as applicable:
a)primary conservation areas; including native plant
communities;
a)b)buildable area and suitable area;
b)c)existing and proposed topography and drainage
patterns;
c)d)proposed storm water and erosion and sediment
control practices;
d)e)existing and proposed vegetation to be removed and
established;
e)f)ordinary high water level, blufflines, and all required
setbacks;
f)g)existing and proposed structures;
g)h)existing and proposed impervious surfaces; and
h)i)existing and proposed subsurface sewage treatment
systems.
Subp. 7. Accommodating disabilities. Ramps or other facilities to
This subpart outlines exceptions to the
standards to accommodate people with
provide persons with disabilities reasonable access to their property, as
disabilities through an IUP to allow for ADA
required by the federal Americans with Disabilities Act and the federal
compliance without needing to go through
Fair Housing Act and as provided by chapter 1341, are allowed by
the variance process.
interim use permit, subject to the following standards:
A.parts 6106.01000120 to 6106.0140 0170 must be complied with
to the maximum extent practicable; and
B.the interim use permit expires and the ramp or other facilities
must be removed once the property is no longer primarily used
by persons with disabilities.
PART 6106.00970 INCORPORATIONS BY REFERENCE
These resources are included in this part to
For purposes of parts 6106.0010 to 6106.0150these MRCCA rules, the
help local governments comply with the rules
following documents are incorporated by reference, are subject to
using current best practice guidance.
frequent change, and are available through the Minitex interlibrary loan
system:
A.The Minnesota Stormwater Manual, Minnesota Pollution
Control Agency (200513 and as subsequently amended);
B.Protecting Water Quality in Urban Areas; Stormwater Best
Management Practices Manual, Minnesota Pollution Control
Agency (2000 and as subsequently amended);
C.Conserving Wooded Areas in Developing Communities: Best
Management Practices in Minnesota; Minnesota Department of
27
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Natural Resources (2000 and as subsequently amended);
D.Design Handbook for Recreational Boating and Fishing Facilities,
State Organization for Boating Access (2006 and as
subsequently amended);
E.Trail Planning, Design, and Development Guidelines, Minnesota
Department of Natural Resources (2007 and as subsequently
amended); and
F.Mississippi River Corridor Critical Area District Map, Minnesota
Department of Natural Resources (2011 2014 and as
subsequently amended);
G.Mississippi National River and Recreation Area Visual Resources
Protection Plan, National Park Service (2014 and as amended);
and
G.H.Native Vegetation Establishment and Enhancement
Guidelines, Minnesota Board of Water and Soil Resources (2012
and as subsequently amended).
PART 6106.010080DISTRICTS
This part establishes new districts as required
by MS, chapter 116G.15. Six districts are
Subpart 1. Establishment of districts. For purposes of these MRCCA
provided in this part. These districts have
rulesparts 6106.0010 to 6106.0150, seven six districts are established,
been revised to incorporate feedback from
as described in this part. It is intended that all districts protect and
LGUs and other stakeholders. The
enhance the resources and features identified in Minnesota Statutes,
dimensional standards covered in Part
section 116G.15.
6106.0120 vary by district. The districts have
been named in this revision to distinguish
them from numbered districts in previous
draft.
Subparts 2-8 below describe each district.
Subp. 2. Rural & Open Space District (CA-ROS)CA-1 district.
CA-1 and CA-2 are combined in this draft. It’s
more logical to combine public parkland and
A.The CA-ROS district is characterized by rural low density
private land in all districts, rather than have
development patterns and land uses, and includes land that is
one district devoted to public land.
riparian or visible from the river, as well as large, undeveloped
tracts of high ecological value, floodplain, and undeveloped
islands. Many primary conservation areas exist in this district.
B.The CA-ROS district must be managed to sustain and restore the
rural and natural character of the corridor, and to protect and
enhance existing habitat, public river corridor views, and scenic,
natural, and historic areas.
A.The CA-1 district includes specific publicly owned existing and
planned future park lands, islands, and natural areas that are
riparian or readily visible from the river and designated rural or
urban open space in Executive Order 79-19.
B.C.The CA-1 district shall be managed to conserve existing and
potential recreational, scenic, natural, and historic resources for
28
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
the use and enjoyment of the surrounding region. Natural
shorelines, bluffs, steep slopes, and very steep slopes shall be
protected and enhanced. Providing public access to and views of
the river is a priority in the district.
Subp. 3. CA-2 district.
A.The CA-2 district includes privately owned rural lands that are
riparian or readily visible from the river, as well as large,
undeveloped tracts of high ecological value and privately owned
undeveloped islands. Many of these areas are designated rural
open space in Executive Order 79-19.
B.A.The CA-2 district shall be managed to sustain the rural character
and to protect and enhance existing scenic, natural, and historic
areas.
Subp. 4. River Neighborhood District (CA-RN) CA-3 district
CA-RN District: Developed residential lands
and existing/planned parkland that are visible
A.The CA-RN district is characterized by residential neighborhoods
from the river, or that abut riparian parkland,
that are riparian or readily visible from the river or that abut
for example, within the Mississippi Gorge.
riparian parkland.
These areas generally have consistent
building heights below 35 feet.
B.The CA-RN district must be managed to maintain the character
of the river corridor within the context of existing residential
development. Minimizing erosion and the flow of untreated
stormwater into the river and enhancing shoreline habitat are
priorities.
A.The CA-3 district includes developed areas that are riparian or
readily visible from the river. These areas feature predominantly
privately owned residential land, as well as publicly owned
existing or planned future park lands designated urban
developed in Executive Order 79-19.
B.C.The CA-3 district shall be managed to protect the scenic and
natural values of the river corridor within the context of existing
development. In public park lands, enhancing natural shorelines,
bluffs, steep slopes, and very steep slopes, and providing public
access to and views of the river are priorities.
Subp. 5. River Towns & Crossings District (CA-RTC) CA-4 district. CA-RTC District: Historic downtown and river
crossing commercial areas, as well as existing
A.The CA-RTC district is characterized by historic downtown areas
institutional campuses (added based on
and limited nodes of intense development at river crossings, as
review of maps and district character).
well as institutional campuses that predate designation of the
MRCCA and include taller buildings.
B.The CA-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 stormwater into the river, and providing
29
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
public access to and public views of the river are priorities in the
district.
A.The CA-4 district includes historic downtown areas where the
developed landscape extends to the shoreline, as well as limited
areas of high density development near river crossings
designated urban open space in Executive order 79-19. These
areas feature predominantly mixed uses and small, developed
lots.
B.C.The CA-4 district shall be managed in a manner that allows for
growth consistent with the existing and planned development in
historic downtowns and at river crossings. Providing public
access to and public views of the river is a priority in the district.
Subp. 6. CA-5Separated from River dDistrict (CA-SR) CA-SR District: Land that is separated and not
visible from the river.
A.The CA-5 SR district includes nonriparian lots separated fromis
characterized by its physical and visual distance from the river. It
includes land separated from the river by distance,
development, or a transportation corridor. The land in this
district is not readily visible from the river but may be visible
from public land across the river.
B.The CA-SR5 district provides flexibility in managing development
without negatively affecting the key resources and features of
the river corridor.
Subp. 7. Urban Mixed District (CA-UM) CA-6 district.
CA-UM District: Commercial, institutional,
and industrial mixed-use areas as well as
A.The CA-UM6 district includes large areas of highly urbanized,
existing/planned parklands.
mixed-use areas that are a part of the urban fabric of the river
corridor, including publicly owned existing and planned future
park lands designated urban diversified in Executive Order 79-
19, public institutional,s, and commercial, and industrial areas.
B.The CA-6 UM district shallmust be managed in a manner that
allows for future growth and potential transition of intensely
developed areas without negatively affecting public river
corridor views, and that protects bluffs, very steep slopes, and
floodplains. Restoring and enhancing bluff and shoreline
habitat, minimizing erosion and flow of untreated stormwater
into the river, and providing public access to and public views of
the river are priorities in this district. Providing public access to
and public views of the river is a priority in the district.
Subp. 8.Urban Core District (CA-UC-7 district.) CA-UC District: Urban cores of Minneapolis
and St. Paul.
A.The CA-UC7 district includes the urban cores of Minneapolis and
St. Paul.
B.The CA-7UC district shall be managed with the greatest
flexibility. Providing public access to and public views of the
river is a priority in the district.
30
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subp. 9. District boundaries.
This subpart describes the provisions to
modify district boundaries administratively.
A.The physical boundaries of each district are laid out in the
This was requested by local governments in
Mississippi River Corridor Critical Area District Map,
the 2009-2010 process since EO 79-19 does
incorporated by reference under part 6106.00790. The
not provide a mechanism for changing
commissioner shallmust maintain the map and may amend the
boundaries.
map as provided in item B.
B.The boundaries of a district established under item A may be
amended according to subitems (1) to (4).
(1)A local government or the Metropolitan Council must
submit a formal written request to the commissioner
requesting a district boundary amendment. The request
must:
a)be approved by the appropriate governing body;
b)identify proposed changes to plans and ordinances;
b)c)identify changes in land uses, infrastructure, or other
conditions that and new evidence to justify the
proposed changes since parts 6106.0010 to 6106.0150
these MRCCA rules were adopted;
c)d)be consistent with local, regional, state, and federal
plans;
d)e)address potential negative impacts to primary
conservation areas and key other resources and
features identified in Minnesota Statutes, section
116G.15, subdivision 4, paragraph (b); andlocal
government plans.
e)f)contain a summary of feedback from affected parties
as provided under subitem (2).
(2)The local government or the Metropolitan Council
requesting the district boundary amendment must give
notice of the proposed district boundary amendment to
adjoining or overlapping local governments, the
Metropolitan Council, the commissioner, the National Park
Service, and property owners in the area directly affected by
the proposed district boundary amendment and publish
notice in an official newspaper of general circulation in the
area.
(3)Upon receiving a complete request for a district boundary
amendment as provided under subitem (1), the
commissioner has 60 days to approve or deny the request
or return the request for modification.
(4)The commissioner must consider the request and all items
submitted under subitem (1) and must, by written decision,
approve or deny the request or return the request for
modification. The decision must include findings that
address the consistency of the proposed district boundary
amendment with the purposes of parts 6106.0010 to
31
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
6106.0150these MRCCA rules.
C.This subpart does not apply to the river corridor boundary
established by Executive Order 79-19.
PART 6106.0090 0110 USES
Subpart 1. Underlying zoning. Uses permissible within the Mississippi
This part describes how uses are regulated.
With a few exceptions, uses are regulated by
River Corridor Critical Area shall are generally be guideddetermined by
a local government’s existing or underlying
the local government's underlying zoning, with additional provisions for
zoning. Subparts 2 – 7 describe six uses with
certain uses as specified by this part.
special considerations.
Subp. 2. Agricultural use. Where agricultural use is allowed by the local
government, perennial ground cover is required within 50 feet of the
ordinary high water level and within the bluff impact zone. Within the
slope preservation zone, a local government may allow row crops
subject to a conservation plan approved by the soil and water
conservation district board.
Subp. 3. Feedlots. New animal feedlots and manure storage areas are
prohibited. Existing animal feedlots and manure storage areas must
conform to the standards in chapter 7020.
Subp. 4. Forestry. Where forestry is allowed by the local government,
tree harvesting and biomass harvesting within woodlands, and
associated reforestation, must be conducted consistent with
recommended practices in Conserving Wooded Areas in Developing
Communities, Best Management Practices in Minnesota, incorporated
by reference under part 6106.00700090.
Mining, cellular towers, and disability
accommodations are the only uses that
Subp. 5. Aggregate mining and extraction. If allowed by the local
require a CUP or IUP in these rules.
government, aggregate mining and extraction requires a conditional
use permit or interim use permit issued by the local government,
subject to the following:
A.new aggregate mining and extraction are prohibited within the
shore impact zone, slope preservation zone, bluff impact zone,
and within 40 feet of the bluffline;
B.processing machinery must be located consistent with setback
standards for structures as provided in part 6106.01000120;
C.only one barge loading area, which shallmust be limited to the
minimum size practicable, is permitted for each mining or
extraction operation;
D.new and, where practicable, existing aggregate mining and
extraction operations must be managed to minimize visibility
not be readily visible and must be screened by establishing and
maintaining natural screening devices. The unscreened
boundaries of aggregate mining and extraction areas are limited
to only the barge loading area;
E.a site management plan must be developed by the operator and
32
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
approved by the local government before new aggregate mining
and extraction commence. 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; and
(3)address dust, noise, storm water management, possible
pollutant discharges, days and hours of operation, duration
of operation, 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 aggregate mining and extraction operations
must submit land reclamation and reforestation plans to the
local government compatible with the purposes of parts
6106.0010 to 6106.0150these MRCCA rules.
MS 116G.15 provides for continued river-
Subp. 6. River-dependent uses. By the nature of their use, river-
dependent uses. This provision clarifies
dependent uses, such as river-dependent commercial and industrial
standards for those uses in the immediate
uses, water supply facilities, wastewater treatment facilities, storm
riverfront area.
water facilities, and hydropower facilities, cannot comply with all
shoreline setback standards under part 6106.01200, but must comply
Note also thedevelopment standards in part
with items A to C.
6106.0140.
A.Parking areas and structures, except shoreline facilities, must
meet the dimensional and performance standards in parts
6106.0010 to 6106.0150these MRCCA rules and must be
designed to incorporate topographic and vegetative screening.
B.Shoreline facilities must comply with chapter 6115 and must:
be designed in a compact fashion so as to minimize the
(1)
shoreline area affected; and
minimize the surface area occupied in relation to the
(2)
number of watercraft or barges to be served.
C.The placement of dredged material is allowed subject to existing
federal and state permit requirements and agreements.
Cellular tower use moved from “Structure
Subp. 7. Cellular telephone towers. with a conditional use permit or
Height Exemptions” since it must be treated
interim use permit, providedCellular telephone towers require a
as a required conditional/interim use.
conditional use permit or interim use permit issued by the local
government, subject to the following:
A. (a) Tthe tower is must not benot located in the bluff impact
zone, shore impact zone, or slope preservation zone;
B.(b) tPlacement of the tower creates must minimize al
interference with views to the river from public park land and to
bluffs from the ordinary high water level of the opposite
33
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
shorepublic river corridor views; and
C.(c) tThe applicant must demonstrates that functional coverage
cannot be provided through colocation, a tower at a lower
height, or a tower at a location outside the Mississippi River
Corridor Critical Area.
PART 6106.0120 DIMENSIONAL STANDARDS
This part outlines standards for structure
height; setbacks from the water and bluff;
Subpart 1: Purpose. The purpose of this part is to establish
and lot area and width. These standards vary
dimensional standards that protect primary conservation areas from
by district.
impacts of development and ensure that new development is sited in
appropriate locations.
Subpart 21. Structure height.
This subpart defines the height standard for
each district.
A.Structures, including accessory structures, must be no taller
than the heights specified for each district:
(1)CA-1ROS: 2535 feet;
(2)CA-2: 35 feet;
(3)(2)CA-3RN: 35 feet;
CA-RTC: Input requested! DNR is considering
(3)CA-RTC4: (48 - 56) feet, provided tiering of structures away
increasing height from 48’ to 56’ and adding
from the Mississippi River and from blufflines is considered,
a CUP for taller buildings, based on LGU
with lower structure heights closer to the river and
comments & redevelopment plans.
blufflines and that structure design and placement
minimizes interference with public river corridor views.
Taller buildings may be allowed by conditional use permit,
as provided under item D.
CA-SR: Input requested! This revision uses
(4)CA-5SR: height is determined by the local government's
more general language, focusing on the
underlying zoning, provided the structure’s height does not
height of surrounding development rather
protrude above the treeline or is generally consistent with
than the treeline. Is this change justifiable
the height of existing surrounding development as viewed
and appropriate?
from the ordinary high water level of the opposite shore;
(5)CA-6UM: 65 feet, provided tiering of structures away from
the Mississippi River and from blufflines is considered, with
CA-UM: Input requested! This draft adds a
lower structure heights closer to the river and blufflines,
CUP provision for taller buildings, based on
and that structure design and placement minimize
LGU comments / redevelopment plans.
interference with public river corridor views. Taller buildings
“Public river corridor views” is defined as (a)
may be allowed by conditional use permit, as provided
and (b).
under item D:.
(a) to the Mississippi River from public park land; and
(b) to bluffs from the ordinary high water level of the
opposite shore; and
(6)CA-7UC: height is determined by the local government's
underlying zoning, provided tiering of structures away from
the Mississippi River and blufflines is considered, with lower
structure heights closer to the river and blufflines, and
structure design and placement minimize interference with
34
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
public river corridor views:
(a) to the Mississippi River from public park land; and
(b) to bluffs from the ordinary high water level of the
Revision uses definition of height in
opposite shore.
underlying zoning, provided it is measured on
B.For the purposes of this subpart, height must be measured on
the ‘river side’ of a structure.
the side of the structure facing the Mississippi River, and:.
(1)for buildings, height must be measured from the lowest
adjacent grade to the highest point of a flat or mansard roof
or the average height between the eaves and highest ridge
for pitched, hip, or gambrel roofs; and
(2)for nonbuilding structures, height must be measured from
the lowest adjacent grade to the highest point of the
Item C refers to structures that are exempt
structure.
from the height limits. Exemptions have been
C.The height requirements in Item A does not apply to those
consolidated in Table 1 for ease of reference.
structures and facilities identified in Table 1, Exemptions,
meeting the requirements of part 6106.0130.
(1)industrial structures, barge facilities, terminal facilities,
wastewater treatment facilities, elevators, and refineries
that need to be taller for operational reasons, subject to
performance standards to reduce visual impacts as
determined necessary by the local government;
(2)barns, silos, and similar farm structures;
(3)bridges, bridge approach roadways, and public utilities,
except cellular telephone towers as provided under subitem
(7), according to part 6106.0110;
(4)historic sites;
(5)public safety facilities;
(6)chimneys, church spires, flag poles, mechanical service
stacks, public monuments, ventilation equipment, and
similar equipment; and
(7)cellular telephone towers with a conditional use permit or
interim use permit, provided:
(a) the tower is not located in the bluff impact zone,
shore impact zone, or slope preservation zone;
(b) the tower creates minimal interference with views to
the river from public park land and to bluffs from the
ordinary high water level of the opposite shore; and
(c) the applicant demonstrates that functional coverage
New standards in D apply to taller buildings
cannot be provided through colocation, a tower at a
that may be allowed by conditional use, a
lower height, or a tower at a location outside the
new provision in item A above. Input
Mississippi River Corridor Critical Area.
requested on CUP standards for taller
buildings.
D.Standards and criteria for conditional use permits for taller
buildings. Criteria for considering conditional use permits for
buildings exceeding the height limits in item A must include the
35
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
following:
(1)assessment of the visual impact of the proposed building on
public river corridor views, using the methodology set forth
in the Mississippi National River and Recreation Area Visual
Resources Protection Plan, incorporated by reference,
including public river corridor views from other
communities;
(2)identification of techniques to minimize the perceived bulk
of the proposed building, such as:
a)placing the long axis of the building perpendicular to
the river;
b)stepping back of portions of the façade;
c)narrowing the profile of upper floors of the building; or
d)increasing the setbacks of the building from the
Mississippi River and/or blufflines.
(3)identification of techniques for preservation of view
corridors identified inthe local government’s plan; and
(8)(4)opportunities for creation or enhancement of public river
corridor views.
Subp. 32. SetbacksLocation of structures.
This subpart describes the structure setbacks
A.Structures including accessory structures, and impervious
in each district from the ordinary high water
surfaces must not be located in the shore impact zone and must
level of the Mississippi River and other rivers
meet the following setback requirement from the ordinary high
tributary to the Mississippi River in the
water level of the Mississippi River and other waters within the
MRCCA. It also clarifies that no structures are
Mississippi River Corridor Critical Area, as specified for each
allowed in the shore impact zone – while this
district:
may seem obvious,since the shore impact
zone is half the specified setback distance,
(1)CA-ROS1: 200 feet from the Mississippi River and 150 feet
some LGUs requested clarity on what could
from the Minnesota and Vermillion Rivers;
and could not be placed in the shore impact
(2)CA-2: 200 feet from the Mississippi River and 150 feet from
zone since it is not explicitly stated anywhere
the Vermillion River;
in the rules. Table 1 also helps to clarify.
(3)(2)CA-RN-3: 100 feet from the Mississippi River and 75 feet
from the Rum River;
Structure setbacks from the OHWL vary by
(4)(3)CA-RTC-4: 75 feet from the Mississippi River, Crow River
district and river. Specific standards were
and Rum River and 75 feet from the Crow River;
derived from EO79-19, existing standards in
(5)(4)CA-SR5: 75 feet from the Vermillion River;
local government ordinances, and existing
(6)(5)CA-6UM: 50 feet from the Mississippi and Rum Rivers;
development patterns.
(7)(6)CA-7UC: underlying zoning; 50 feet from the Mississippi
River; and
Revision: setback for CA-UC not required. – no
(8)(7)all other public waters within the Mississippi River Corridor
setback was specified for the current Urban
Critical Area are subject to underlying zoning.
Diversified district in EO 79-19.
B.Structures, including accessory structures, and impervious
surfaces must not be located in the bluff impact zone or the
Item B lists the setbacks from bluffs in each
district, and also clarifies that no structures
slope preservation zone and must meet the following setback
are allowed in bluff impact zones or slope
requirements from the bluffline and the top of very steep slopes
preservation zones.
as specified for each district:
36
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(1)CA-1ROS: 100 feet;
(2)CA-2: 100 feet;
(3)(2)CA-RN3: 40 feet;
(4)(3)CA-RTC4: 40 feet;
(5)(4)CA-SR5: 40 feet;
(6)(5) CA-UM6: 40 feet; and
(6) CA-UC7: 40 feet.
C.The structure location requirements in Iitems A and B do not
Item C refers to the table of exemptions from
apply tothose structures and facilitieslisted in Table 1as
height and setback requirements, SIZ, BIZ,
exempt from these requirements.
and SPZ. It includes many items requested by
local governments.
(1)public bridges and approaches, railroad sidings, and public
and private roadways serving river-dependent uses
according to part 6106.0110;
(2)public recreational facilities according to parts 6106.0110
and 6106.0120, except picnic shelters are prohibited in the
bluff impact zone, the shore impact zone, and the slope
preservation zone;
(3)aboveground pumping stations for sewer lines, if the
stations are not readily visible;
(4)historic sites;
(5)one water-oriented accessory structure for each riparian lot
less than 300 feet in width at the ordinary high water level,
with one additional water-oriented accessory structure
allowed per each additional 300 feet of shoreline on the
same lot, except that structures are prohibited in the bluff
impact zone and the slope preservation zone;
(6)public safety facilities and airfield pavements;
(7)shoreline facilities according to part 6106.0110;
(8)rock riprap and retaining walls according to part 6106.0140;
(9)flood control structures and public storm water facilities;
(10) public transportation facilities according to part 6106.0110,
subpart 2;
(11) restoration projects sponsored and approved by a resource
agency or the local government;
(12) one access path according to part 6106.0110;
(13) stairways, lifts, and landings according to part 6106.0110,
subpart 3;
(14) directional signs for watercraft as provided under part
6106.0110, subpart 4; and
(15) public signs, such as directional, interpretive, educational,
safety, or handicapped designation signs.
D.Where principal structures exist on the adjoining lots on both
sides of a proposed building site, the minimum setback may be
Item D allows for setback averaging in
altered to conform to the adjoining setbacks, provided that the
developed areas. This will reduce
new structure's height, area, and width riverward or bluffward nonconformities in developed areas.
of the setbacks required under items A and B are compatible
37
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
with adjoining development. No structures or impervious
surfaces are allowed within the bluff impact zone, shore impact
zone, or slope preservation zone, unless specified in the
exceptions under item C and part 6106.0120Table 1.
E.Subsurface sewage treatment systems, including the septic tank
and absorption area, must be located at least 75 feet from the
Item E requires septic systems to be set back
ordinary high water level of the Mississippi River and all other
at least 75 feet from the ordinary high water
public waters within the Mississippi River Corridor Critical Area.
level.
Subp. 3. Lot area and width. This subpart deleted – underlying lot area and
width will apply in all districts. This change
A.Lot area and width for conventional subdivisions and
will result in NO nonconforming lots under
commercial and industrial lots are determined as specified for
the MRCCA rules. Minimum lot width still
each district:
applies to new lots in large subdivisions,
under part 6106.0170.
(1)CA-1 and CA-3 to CA-7: lot area and width is determined by
underlying zoning; and
(2)CA-2: minimum width of 200 feet and minimum area of two
acres. Lot area and width may be smaller for conservation
subdivisions and planned unit developments as provided
under part 6106.0150, subpart 2
B.Lots must have adequate buildable area to comply with parts
6106.0010 to 6106.0150.
C.A.Lots of record in the office of the county recorder on the date of
enactment of ordinances adopted under parts 6106.0010 to
6106.0150 that do not meet the requirements of this subpart
may be allowed as building sites without variances from lot size
requirements if the requirements of Minnesota Statutes, section
394.36 or 462.357, are met.
PART 6106.01310 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC
This part specifies standards for the design of
public facilities, including utilities,
FACILITIES
transportation and recreation facilities.
Subpart 1. Purpose and Scope. The purpose of this part is to establish
Design standards for private facilities are
standards for public facilities that are consistent with best management
covered in part 6106.0140. This
practices and protect primary conservation areas. The term “public
reorganization of the draft rule is intended to
facilities” as used in this part includes public utilities, public
distinguish between local or regional
agencies’ review of plans for public
transportation facilities, and public recreation facilities. These facilities
improvements and local governments’ review
serve the public interest by providing public access to the Mississippi
of private development proposals, which are
River corridor or require locations in or adjacent the river corridor, and
typically covered by local zoning ordinances.
therefore require some degree of flexibility.
The purpose statement recognizes that many
public facilities are governed by other state
statutes and agencies, and DNR role
regarding these regional facilities is primarily
advisory.
Subp. 2. General design standards. All public facilities must be
This part has been reorganized, although
much of the original text remains, as shown
designed and constructed to:
here. Strikeouts of previous complete
A.minimize visibility of the facility to the extent reasonable and
sections begin after subpart 6.
38
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
consistent with the purpose of the facility;
B.comply with the dimensional standards in part 6106.0110,
except where indicated in Table 1;
C.comply with the land alteration and storm water management
requirements in parts 6106.0150 - 0160.
D.avoid primary conservation areas, unless no reasonable
alternative exists. If no reasonable alternative exists, then
design and construction must minimize impactsto the greatest
extent practicable;and
A.E.minimize disturbance of spawning and nesting times by
scheduling construction to be undertaken at times when local
fish and wildlife are not spawning or nesting, respectively.
Subp. 3. Right-of-way maintenance standards. Right-of-way
maintenance for public transportation facilities, public recreational
facilities, and public utilities public facilities is subject to the following
standards:
A.vegetation currently in a natural state must be maintained,
where reasonable and prudent;
B.where vegetation in a natural state has been removed, native
plants must be planted and maintained on the right-of-way; and
C.chemical control of vegetation should be avoided when
practicable, but when such methods are necessary, chemicals
used and the manner of their use must be in accordance with
the rules, regulations, and other requirements of all state and
federal agencies with authority over the chemical's use.
Subp. 4. Crossings of public water or public land. Crossings of public
River crossings are governed by existing
statutes.
waters or land controlled by the commissioner are subject to approval
by the commissioner according to Minnesota Statutes, sections 84.415
and 103G.245. The commissioner must give primary consideration to
crossings that are proposed to be located within or adjoining existing
rights-of-way for public transportation and public utilities.
Subp. 5. Public utilities. Public utilities must comply with the following Standards for the design of high voltage
power lines and other utilities.
standards:
A.high-voltage transmission lines, wind energy conversion systems
greater than five megawatts, and pipelines are regulated
according to Minnesota Statutes, chapters 216E, 216F, and
216G, respectively; and
B.if overhead placement is necessary, utility crossings must be
hidden from view as much as practicable. 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.
Subp. 6. Public transportation facilities. Where public transportation
facilities intersect or abut two or more of the districts established
under part 6106.0100, the least restrictive standards apply. Public
39
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
transportation facilities must be designed and constructed to give
priority to:
A.scenic overlooks for motorists, bicyclists and pedestrians;
B.safe pedestrian crossings and facilities along the river corridor;
C.access to the riverfront in public ownership; and
D.reasonable use of the land between the river and the
transportation facility.
Subp. 7. Public recreational facilities.
Item (A) was added to clarify that, unlike
A.Buildings and parking. Buildings and parking associated with
other public recreational facilities, buildings
recreational facilities, with the exceptions noted in Table 1,
and parking must meet structure setbacks.
must meet the setback requirements in part 6106.0120 and
must not be placed within the bluff impact zone, shore impact
zone, or slope preservation zone.
B.Roads, parking and driveways. Parking and approach rRoads
and driveways associated with public recreational facilities must
not be placed in the bluff impact zone, shore impact zone, or
slope preservation zone if other reasonable placement
alternatives exist unless no other reasonable placement
alternatives exist. If no reasonable alternative exists, then
design and construction must minimize impacts.
Public trails may be placed in sensitive areas
A.C.Trails, access paths, and viewing areas. Trails Facilities
subject to these design guidelines.
providing access to or views of the Mississippi River may be
placed within the bluff impact zone, shore impact zone, or slope
preservation zone if design, construction, and maintenance
methods are consistent with the best management practice
standards in Trail Planning Design and Development Guidelines,
incorporated by reference under part 6106.0090. Trails, paths
and viewing areas must be designed and constructed:
so as not to be readily visible to minimize visibility from
(1)
the river and interference with public river corridor views;
and
to minimize fragmentation of significant existing
(2)
vegetative stands, tree canopies, native plant
communities, woodlands, and habitat primary
conservation areas.
D.Water access facilities are subject to the following
requirements:
a watercraft access ramps must comply with chapters
(1)
6115 and 6280; and
public water access facilities must be designed and
(2)
constructed consistent with the standards in the Design
Handbook for Recreational Boating and Fishing Facilities,
incorporated by reference under part 6106.00970.
40
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
PART 6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE
Design standards for private facilities are
described in thispart.
FACILITIES
Subp. 1 Purpose. The purpose of this part is to provide design
standards for private facilities within the Mississippi River Corridor
Critical Area that are consistent with best management practices and
will minimize impacts to primary conservation areas and other
identified resources. Local government ordinances must be consistent
with the standards in this part unless the commissioner approves a
flexibility request under part 6106.0070 subp. 6.
Subp. 2.General design standards. All private facilities must be
developed in accordance with the land alteration, vegetation, and
stormwater management requirements in parts 6106.0150 and
6106.0160.
Subpart 13. Private roads, driveways and,parking areas., and water Private roads, driveways and parking areas
must meet structure setbacks from the river
access facilities.Private roads, driveways, and parking areas, with the
and bluffs and cannot be placed in slope
exemptions noted in Table 1, must:
preservation zones.
A.be designed and constructed to take advantage of natural
Note the exemption in Table 1 for private
vegetation and topography to achieve maximum screening from
roads, and conveyance structures serving
view so that they are not readily visibleto minimize visibility; and
river-dependent uses.
(b) according to applicable standards under part 6106.0140;
B.comply with structure setback requirements according to part
6106.0100; and
C.not be placed within the slope preservation zone, bluff impact
zone, or shore impact zone. according to part 6106.0120
Subpart 4. Private water access and viewing facilities.
This subpart identifies private water access
and use facilities and provides specific
A.A local government may allow private water access facilities,
standards for them.
including private water access ramps, access paths, and
Provisions are applicable to residential and to
stairway, lifts, and landings, subject to the following
commercial recreation, i.e. yacht clubs,
requirementsAccess paths:
rowing clubs, private institutions, etc.
B.an access path must comply with land alteration and storm
water management requirements in part 6106.0140, and:
if placed within the shore impact zone, an access path must
(1)
be no more than eight feet wide; and
if placed within the bluff impact zone or slope preservation
(2)
zone, an access path must be no more than four feet wide.
C.B.Water access ramps:
the watercraft access ramp must comply with chapters
(1)
6115 and 6280; and
stairways, lifts, and landings must comply with subpart 3;
(2)
and
(1)all water access facilities must be designed and constructed
consistent with the applicable standards in the Design
Handbook for Recreational Boating and Fishing Facilities,
incorporated by reference under part 6106.0090.
Item C describes the design standards for
private stairways, lifts and landings. Local
D.C.Stairways, lifts and landings. Design and construction of
41
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
stairways, lifts, and landings are subject to the following
governments requested clarification on what
is allowed and appropriate design standards
standards:
for these features.
stairways and lifts must not exceed four feet in width on
(1)
residential lots. Wider stairways may be used for
commercial properties and residential facilities held in
common, if approved by the local government;
landings for stairways and lifts on residential lots must not
(2)
exceed 32 square feet in area. Landings larger than 32
square feet may be used for commercial properties, public
park lands, conservation subdivisions, and planned unit
developments, and residential facilities held in common, if
approved by the local government;
canopies or roofs are prohibited on stairways, lifts, or
(2)(3)
landings;
stairways, lifts, and landings must be located in the least
(3)(4)
visible portion of the lot; and
facilities such as ramps, lifts, or mobility paths for persons
(4)(5)
with physical disabilities are allowed for achieving access to
shore areas according to items (1) to (4) and as provided
under part 6106.0080 , subpart 7.
This requirement (D) was under “Vegetation
E.D.Shoreline recreational use areas. One shoreline recreation use
Management” in previous draft, and has
area is allowed on each lot, not to exceed 5,000 square feet in
been simplified and consolidated.
total area and 12% of the total lot width or 25 feet, whichever is
greater, and not extending more than 25 feet landward from
the OHWL.
F.E.Water-oriented accessory structures. One water-oriented
accessory structure may be allowed for each riparian lot less
than 300 feet in width at the ordinary high water level, with one
additional water-oriented accessory structure allowed per each
additional 300 feet of shoreline on the same lot. Water-
oriented accessory structures are prohibited in the bluff impact
zone and the slope preservation zone. A water-oriented
accessory structure must not exceed 12 feet in height and 120
Dimensional standards were inadvertently
square feet in area. The structure must be placed a minimum of
left out of previous draft.
10 feet from the ordinary high water level.
Subpart 5. Landscaping, patios and retaining walls in non-riparian This new provision applies to existing
developed lots with yards in the Slope
residential yards in slope preservation zones.
Preservation Zone; based on local
A.Where non-riparian residential yards within the slope
government comments.
preservation zone have been altered with lawns, gardens, and
similar landscaping, local governments may allow patios and
Seeking feedback on the threshold; ideally,
retaining walls up to (250 – 500) square feet to be constructed,
this threshold would match that for permit
in compliance with part 6106.0150, provided that:
requirements under the land alteration
standards in part 6106.0150 subp. 7.
the slope is not abutting a bluff or part of a natural
(1)
drainageway;
the stability of the slope is maintained;
(2)
42
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
the development will not result in erosion problems; and
(3)
the site is not readily visible.
(1)(4)
Subp. 46. Private signs. Placement of signs is guided by the local
This subpart describes the design and
placement of signs.
government's underlying zoning, with the following additional
provisions:
A.The local government may allow off-premise advertising signs,
provided that:
(1)the signs meet all required dimensional and
performancesetbacks and height limits standards of these
“Readily visible” – visible from the ordinary
MRCCA rules; and
high water level on the opposite site of the
river.
(2)the signs are not readily visible.
B.The local government may allow directional signs for patrons
arriving at a business by watercraft, provided that the signs
(1)are consistent with Minnesota Statutes, chapter 86B;
(2)if located within the shore impact zone, convey only the
location and name of the establishment and the general
types of goods and services available;
(3)are no greater than ten feet in height and 32 square feet in
surface area; and
(4)if illuminated, have lighting that is shielded to prevent
illumination out across the river or to the sky.
Subp. 2. Public transportation facilities, public recreational facilities,
These standards have been reorganized and
modified in the sections above – 6106.0120
and public utilities.
and 0130, but are shown here for reference
A.Public transportation facilities, public recreational facilities, and
purposes.
public utilities must be designed and constructed to:
(1)not be readily visible when reasonable and consistent with
See part 6106.0130, subp. 2.
the purpose of the facility;
(2)comply with the dimensional standards and requirements in
parts 6106.0100 and 6106.0120, unless no reasonable
alternative exists;
(3)comply with the land alteration and storm water
management requirements in part 6106.0140;
(4)avoid primary conservation areas, unless no reasonable
alternative exists. If no reasonable alternative exists, then
design and construction must minimize impacts to the
greatest extent practicable;
(5)minimize disturbance of spawning and nesting times by
scheduling construction to be undertaken at times when
local fish and wildlife are not spawning or nesting,
respectively; and
(6)comply with items B to G.
B.A local government may allow public water access facilities,
including a public water access ramp, access paths, water-
oriented parking areas, and stairways, lifts, and landings, subject
43
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
to the following requirements:
(1)a watercraft access ramp must comply with chapters 6115
and 6280;
(2)access paths must comply with the land alteration and
storm water management requirements in part 6105.0140;
(3)water-oriented parking areas and approach roads must not
be placed in the bluff impact zone, shore impact zone, or
slope preservation zone if other reasonable placement
alternatives exist;
(4)stairways, lifts, and landings must comply with subpart 3;
and
(5)public water access facilities must be designed and
constructed consistent with the standards in the Design
Handbook for Recreational Boating and Fishing Facilities,
incorporated by reference under part 6106.0070.
C.Trails providing access to or views of the Mississippi River may Item C moved to 6106.0130, subp. 7.
be placed within the bluff impact zone, shore impact zone, or
slope preservation zone if design, construction, and
maintenance methods are consistent with the best
management practice standards in Trail Planning Design and
Development Guidelines, incorporated by reference under part
6106.0070. Trails and viewing areas must be designed and
constructed:
(1)so as not to be readily visible; and
(2)to minimize fragmentation of significant existing vegetative
stands, tree canopies, native plant communities, woodlands,
and habitat.
D.Where public transportation facilities intersect or abut two or
Item D moved to 6106.0130, subp. 6.
more of the districts established under part 6106.0080, the least
restrictive standards apply. Public transportation facilities must
be designed and constructed to give priority to:
(1)scenic overlooks for motorists;
(2)safe pedestrian crossings and facilities along the river
corridor;
(3)access to the riverfront in public ownership; and
(4)reasonable use of the land between the river and the
transportation facility.
E.Right-of-way maintenance for public transportation facilities,
public recreational facilities, and public utilities is subject to the
Item E moved to 6106.0130, subp. 3.
following standards:
(1)vegetation currently in a natural state must be maintained,
where reasonable and prudent;
(2)where vegetation in a natural state has been removed,
native plants must be planted and maintained on the right-
of-way; and
44
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(3)chemical control of vegetation should be avoided when
practicable, but when such methods are necessary,
chemicals used and the manner of their use must be in
accordance with the rules, regulations, and other
requirements of all state and federal agencies with authority
over the chemical's use.
F.Crossings of public waters or land controlled by the
Item F moved to 6106.0130, subp. 4
commissioner are subject to approval by the commissioner
according to Minnesota Statutes, sections 84.415 and 103G.245.
The commissioner must give primary consideration to crossings
that are proposed to be located within or adjoining existing
rights-of-way for public transportation and public utilities.
G.Public utilities must comply with the following standards:
Item G moved to 6106.0130, subp. 5
(1)high-voltage transmission lines, wind energy conversion
systems greater than five megawatts, and pipelines are
regulated according to Minnesota Statutes, chapters 216E,
216F, and 216G, respectively; and
(2)(1)if overhead placement is necessary, utility crossings must
be hidden from view as much as practicable. 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.
Subp. 3. Stairways, lifts, and landings. Design and construction of
Moved to 6106.0140, subp. 4.C.
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, public park lands, conservation subdivisions, and
planned unit developments if approved by the local
government;
B.landings for stairways and lifts on residential lots must not
exceed 32 square feet in area. Landings larger than 32 square
feet may be used for commercial properties, public park lands,
conservation subdivisions, and planned unit developments if
approved by the local government;
C.canopies or roofs are prohibited on stairways, lifts, or landings;
D.stairways, lifts, and landings must be located in the least readily
visible portion of the lot whenever practicable; and
E.A.facilities such as ramps, lifts, or mobility paths for persons with
physical disabilities are allowed for achieving access to shore
areas according to items A to D and as provided under part
6106.0060, subpart 18.
PART 6106.0120 PROTECTION OF BLUFFS, STEEP SLOPES, AND VERY STEEP This entire part is now integrated into Table 1
SLOPES and part 6106.0150, vegetation management
45
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
and land alteration.
A.The following structures, impervious surfaces, and activities are
exempt from item A:
(1)public bridges and approaches, railroad sidings, and public
and private roadways serving river-dependent uses
according to part 6106.0110;
(2)public recreational facilities according to part 6106.0110;
(3)aboveground pumping stations for sewer lines, if the
stations are not readily visible;
(4)historic sites;
(5)public safety facilities and airfield pavements;
(6)shoreline facilities according to part 6106.0110, provided no
reasonable alternative exists;
(7)rock riprap and retaining walls according to part 6106.0140;
(8)public transportation facilities according to part 6106.0110,
subpart 2;
(9)restoration projects sponsored and approved by a resource
agency or the local government;
(10) one access path, subject to part 6106.0110;
(11)stairways, lifts, and landings according to part 6106.0110,
subpart 3;
(12) public signs, such as directional, interpretive, educational,
safety, or handicapped designation signs; and
(13)(1) row cropping, subject to a conservation plan approved
by the soil and water conservation district board.
Subp. 2. Development on steep slopes. A local government may allow This subpart moved to part 6106.0160.
structures, impervious surfaces, land alteration, intensive vegetation
clearing, or construction activities on steep slopes when the following
conditions are met:
A.the applicant can demonstrate that the development can be
accomplished without increasing erosion or storm water runoff
according to part 6106.0140;
B.the soil types and geology are suitable for the proposed
development; and
C.A.vegetation is managed according to part 6106.0130.
PART 6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION
STANDARDS
Subpart 1. Purpose. The purpose of this part is to establish standards
This new part combines previous separate
parts on vegetation management, land
that:
alteration, and bluffs and steep slopes. It
A.sustain and enhance the ecological functions of vegetation;
establishes general requirements and a
B.preserve the natural character and topography of the MRCCA;
permit process to achieve the stated purpose.
and
The ecological function of vegetation, as
A.C.maintain stability of bluffs and very steep slopes; and ensure
defined, is to stabilize soils, retain and filter
46
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
stability of other areas prone to erosion.
runoff, provide habitat and recharge
groundwater.
Subpart 2. General provisions.
The standards in this section apply to various
types of development/land alteration. This
A.Applicability. The standards and criteria of this part apply to:
approach is very similar to that used by the
(1)land alteration:
Capital Region and Ramsey-Washington
a)within the shore impact zone or 50 feet, whichever is
Metro Watershed Districts for managing
greater, abutting a public water, wetland, or natural
erosion.
drainage way;
b)within a slope preservation zone; or
c)within a bluff impact zone
(2)vegetation removal within:
a)a shore impact zone;
b)a bluff impact zone;
c)a slope preservation zone; or
d)areas of native plant communities;
e)tree canopies and significant vegetative stands
identified in local governments’ adopted plans.
A.B.In the areas specified in item A, no land alteration or vegetation
removal activities are allowed except as provided by this part.
Subpart 3. Permit process. Local governments must regulate the land
This subpart outlines the permit process and
options for integrating land alteration and
alteration and vegetation removal activities identified in Subpart 2
vegetation removal permits with other
through a permit process.
existing permits and/or delegating permitting
A.The permit process established by the local government may be
responsibilities.
through a building permit, land alteration permit, vegetation
management permit, or other permit process.
B.Local governments may delegate the permitting responsibilities
described in this part to a resource agency or other qualified
agent as determined by the local government.
A.C.Local governments must require permit applicants to submit
information sufficient to evaluate permits for consistency with
the standards and requirements of this part and consistent with
part 6106.0080 subp. 6., site plans.
D.Local governments must evaluate permit applications for
consistency with Table 1 and the performance standards in this
part as applicable to guide land alteration and vegetation
removal activities.
E.When reviewing permit applications, local governments must
refer to those areas identified under subpart 2 (A)(2).
B.F.Local governments may grant the permit, deny the permit, or
grant the permit with conditions necessary to achieve the
purposes of this part, as provided under subpart 5.
Subpart 4. General performance standards. The following standards
The performance standards in this subpart
apply to all activities in the designated areas,
guide all land alteration and vegetation removal activity in the areas
whether or not a permit is required.
described in subpart 2.
A.Intensive vegetation clearing is prohibited.
47
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
B.Development, if permitted, must be sited to minimizeland
alteration and the removal of or disturbance to natural
vegetation.
C.Maintenance of dead and dying trees that do not pose a
potential hazard is encouraged to provide shelter and nesting
sites for wildlife.
D.Grading that results in terrain that is not characteristic of the
natural topography must be avoided.
Item E is intended to prohibit “weed” control
A.E.Localgovernmentsmustnotrestrictthe height of ground cover
ordinances from allowing natural vegetation
vegetation in the shore impact zone, the slope preservation
of any height in these sensitive areas.
zone, or bluff impact zone.
B.F.Land alteration and vegetation removal activities must be
conducted so as to expose the smallest practical area of soil to
erosion for the least possible time.
C.G.The amount of the land alteration and vegetation removal
activity must be increasingly limited as the degree of slope and
the risk of soil erosion increases.
Subpart 5. Vegetation permit requirements.
A.Permit not required. The following activities within the areas
described in subpart 2, item B, are allowed without a permit:
(1)Pruning of branches that pose a visual security or physical
safety hazard, and to maintain plant health and to improve
aesthetics;
(2)Selective vegetation removal that does not reduce the total
Requesting feedback on the vegetation
tree canopy or vegetative cover by more than (5-15% ) or
removal threshold in (A.2)! Property owners
affect an area of more than (1,000 – 5,000) square feet,
routinely remove small amounts of
whichever area is less, over a two-year period. This includes
vegetation; the goal is to allow this to
removal of vegetation that is dead, dying, or diseased;
continue in a non-burdensome way. Is
removal of invasive, non-native plants; or to prevent the
“percent of natural vegetative cover”
spread of known diseases or insect pests.
something that can be administered or would
(3)Maintenance of existing lawns, landscaping, and gardens.
another metric be better? This provision
(4)Removal of vegetation in emergency situations as
seeks to address parcels with variable
determined by the local government. amounts of natural vegetation.
(5)Right-of-way maintenance for public facilities meeting the
standards of part 6106.0130, subp. 3.
(6)Agricultural activities meeting the standards of part
6106.0100 subp. 2.
B.Permit required. Selective vegetation removal above the
thresholds identified in item A(2) or as required for permitted
development as specified in Table 1 requires a permit from local
government.
A.C.Vegetation removal permit conditions. The local government
Permit conditions vary depending on the type
must require protective and/or restoration measures as a
of vegetation being removed, soil conditions,
condition of permit approval as follows:
and other factors determined by local
(1)Any native plant communities removed must be replaced
government.
with vegetation equivalent to their habitat, slope
48
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
stabilization, and stormwater retention value. Stabilization
of erodible soils, restoration or enhancement of shoreline
vegetation, and revegetation of bluffs or very steep slopes
visible from the river are priorities for restoration.
(2)Removal of other vegetation, including dead, dying, or
diseased vegetation and removal of invasive non-native
plants, must be replaced with natural vegetation to the
greatest extent practicable. Priorities for replacement are
the same as those listed in item C(1).
(3)Any disturbance of highly erodible soils must be replanted
with appropriate deep-rooted vegetation with a high stem
density.
(1)(4)Other conditions determined necessary by local
government.
A vegetation restoration plan is required as a
Subpart 6. Vegetation restoration plan requirements.
condition of violations, as well as for large
Reestablishment of natural vegetation according to a restoration plan
subdivisions or land developments (part
must be required upon failure to comply with the requirements in this
6106.0170)
part or as part of the planning process for subdivisions as provided in
part 6106.0170.
A.The vegetation restoration plan must:
(1)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;
(2)be prepared by a qualified individual as defined by the local
government; and
(3)include a maintenance plan that includes management
provisions for controlling invasive species and replacement
of plant loss for three years.
A.B.The local government must issue a certificate of compliance
after it has determined that the restoration requirements of
items A have been satisfied.
B.C.Vegetation management and restoration activities must be
guided by Native Vegetation Establishment and Enhancement
Guidelines, incorporated by reference under part 6106.0090, or
other appropriate guidance material.
Requesting feedback on (A)! The 2011 draft
Subpart 7. Land alteration permit requirements
rules require erosion and sediment control
A.When required. A land alteration permit is required for any
BMPs for activity disturbing 3,000 square feet
or more anywhere in the MRCCA. This
activity that disturbs a total land surface area of (5-10) cubic
revision proposes to limit the requirement for
yards or (250 – 3,000) square feet within the areas specified in
BMPs to disturbances to the specific areas
subpart 2(A)(1).
listed in subp. 2(A)(1). Should the disturbance
Construction or replacement of retaining walls, riprap, or
(1)
threshold at which BMPs are required be the
other erosion control structures within the areas specified in
same as the permit threshold or something
49
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
subpart 2(A)(1) requires a permit.
higher? (Note: Capital Region and Ramsey
Washington Metro watershed districts
Land alteration within the bluff impact zone and slope
(2)
require BMPs for disturbances greater than
preservation zone is prohibited except as provided in Table
1,000 square feet within 500 feet of water.)
1.
Land disturbance is prohibited in the bluff
B.Permit conditions. Temporary and permanent erosion and
impact zone and the slope preservation zone,
sediment control measures must be sufficient to retain
subject to some exceptions (see Table 1).
sediment onsite consistent with established best management
practices.
Retaining walls and riprap provisions were in
Subpart 8. Rock riprap and retaining walls.
former part 6106.0140, Subp. 4
A.Within shore impact zones, bluff impact zones, and slope
preservation zones, construction or replacement of retaining
walls, riprap, or other impervious surfaces, or use of
bioengineering techniques must meet the following
requirements:
except as provided under item B, retaining walls, riprap, or
(1)
other impervious surfaceserosion control structures must
only be used for the correction of an established erosion
problem that cannot be controlled through the use of
vegetation, slope stabilization using mulch, a biomat, or
similar bioengineering methods. This determination must be
done by a professional engineer or person with certification
in erosion control qualified person as determined by the
local government;
design, construction, and maintenance must be consistent
(1)(2)
with best management practices in Protecting Water Quality
in Urban Areas Manual, incorporated by reference under
part 6106.0090, or other appropriate resource agency
manual; and.
placement of riprap or retaining walls below the ordinary
(3)
high water level requires a permit from the commissioner
and must comply with chapter 6115.
Revision (B) addresses existing reinforced
B.In the CA-UC district, bluffs that have been structurally altered
bluffs in urban areas – i.e., downtown St.
and/or structurally reinforced may continue to be reinforced,
Paul.
consistent with the best management practices specified in item
A(2).
Subpart 9. Development on steep slopes A local government may This part moved from former part 6106.0120,
Subp. 2. Steep slopes are defined as slopes
allow structures, impervious surfaces, land alteration, vegetation
between 12% and 18%.
clearingremoval, or construction activities on steep slopes when the
following conditions are met:
A.The applicant can demonstrate that the development can be
Vegetation removal standards in this part
accomplished without increasing erosion or storm water runoff;
apply if the steep slopes include native plant
communities, tree canopies or significant
B.The soil types and geology are suitable for the proposed
vegetative stands identified in local
development; and
governments’ adopted plans.
C.Vegetation is managed according to the requirements of this
part.
50
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
Subpart 10. Compliance with other plans and programs. All
This part moved from former part 6106.0140
subp. 1.
development must:
A.be consistent with Minnesota Statutes, chapter 103B, and local
water management plans completed under chapter 8410;
B.meet or exceed the wetland protection standards under chapter
8420; and
C.meet or exceed the floodplain management standards under
chapter 6120.
Subpart 1. Requirements. Within shore impact zones, bluff impact
These subparts have been replaced by the
vegetation and land alteration standards in
zones, slope preservation zones, wetlands, floodplains, significant
part 6106.0150, the exemptions in Table 1,
existing vegetative stands, canopies, and native plant communities,
and the general development standards in
vegetation must be managed as provided in items A to F.
parts 6016.0130 - .0140.
A.Existing vegetation in a natural state must be maintained.
B.Restoration of vegetation to a natural state is encouraged.
C.Intensive vegetation clearing is prohibited.
D.Screening of structures, vehicles, and other facilities as viewed
from the ordinary high water level of the opposite shore during
summer months must be maintained.
E.A local government may allow limited cutting, trimming, or
clearing of trees, shrubs, understory, and groundcover
vegetation for:
(1)the minimum necessary for development allowed as
exceptions under parts 6106.0100 to 6106.0120;
(2)one shoreline recreational use area, subject to the
following standards:
(a) for residential lots with a lot width less than 300
feet, only one shoreline recreational use area is
allowed on each lot and the recreational use area must
not exceed 25 feet in width and must not extend more
than 25 feet landward from the ordinary high water
level; and
(b) for conservation subdivisions, planned unit
developments, and residential lots with a lot width 300
feet or greater, the shoreline recreational use area
allowed by unit (a) may be increased by 25 feet in
width for each 100 feet in lot width in excess of 300
feet, not to exceed 5,000 square feet in total area, with
the depth of the shoreline recreational use area not
exceeding 25 feet landward from the ordinary high
water level;
(3)the removal of trees, limbs, or branches that are dead,
dying, diseased, or infested, which removal is necessary
to prevent spread of disease or infestation or to address a
safety hazard as determined by a forester, arborist, or
51
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
other qualified local government representative;
(4)the removal of invasive, nonnative plants as determined
necessary by a forester, arborist, or other qualified local
representative;
(5)woodland or habitat management and restoration
activities sponsored and approved by a resource agency
or the local government;
(6)forest management activities sponsored and approved by
a resource agency or the local government and pursuant
to the forestry use standards in part 6106.0090; and
(7)aviation safety facilities.
F.A.In areas cleared of vegetation under item E, subitems (3) and
(4), vegetation in a natural state must be reestablished, either
by allowing regeneration naturally or with plantings subject to a
restoration plan approved by a resource agency or the local
government.
Subp. 2. Compliance; restoration.Reestablishment of vegetation in a This subpart has been modified and moved to
part 6106.0150, subp. 6
natural state according to items A to C is required upon failure to
comply with subpart 1.
A.The local government must require a restoration plan that
includes planting comparable species, composition, density, and
diversity of vegetation in a natural state in the same area. All
aspects of the plan must be maintained in perpetuity, and loss
of plantings must be replaced in kind.
B.Open areas or lawns resulting from violations must be left
unmowed or uncut and restored with vegetation in a natural
state in the same area.
C.A.The local government must issue a certificate of compliance
after it has determined that the restoration requirements of
items A and B have been satisfied.
Subp. 3. Education. In cooperation with the commissioner and other
This education requirement deleted based on
feedback from local governments. DNR will
resource agencies, local governments must implement an incentive,
provide educational resources when rules are
marketing, or educational program to encourage property owners to
promulgated.
protect or restore vegetation in a natural state within the areas
identified in subpart 1.
PART 6106.0160 LAND ALTERATION AND STORM WATER MANAGEMENT
This part describes measures to protect water
quality of the Mississippi River and its
Subpart 1. Purpose. The purpose of this part is to:
tributaries. It recognizes and relies on existing
A.protect property from damage resulting from storm water
federal, state, and local regulations as key
runoff and erosion;
elements in addressing water quality.
B.protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and
A.C.promote infiltration and groundwater recharge.
Subpart 2. Performance standards. The requirements in this part apply
Requesting feedback! This provision would
reduce the threshold typically required by the
52
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
to all development that creates new or fully reconstructs impervious
MS4 permit for required stormwater
treatment from one acre to 10,000 square
surface of more than 10,000 square feet on parcels that abut a public
feet in these highly sensitive areas.
water body, wetland or natural drainageway.
Comments on the cost of administering this
A.If a local government is covered by an MS4 General Permit from
provision by local governments compared to
the pollution control agency, then the requirements of the
the water quality benefits are welcome.
General Permit for post-construction storm water management
for new development and redevelopment projects apply.
B.If a local government is not covered by an MS4 General Permit,
then runoff from the new or fully reconstructed impervious
surface must comply with the treatment requirements in the
current National Pollution Discharge and Elimination System
(NPDES) Program permit for construction storm water.
C.Multipurpose trails and sidewalks are exempt from items A and
B if there is down gradient vegetation or a filter strip that is at
least 5 feet wide.
A.D.Storm water treatment located at the top of slopes must be
designed to maintain slope integrity.
Subpart 1. Compliance with other plans and programs. All
These subparts have been modified and
moved to part 6106.0150, subp. 7 and 10.
development must: be consistent with Minnesota Statutes, chapter
103B, and local water management plans completed under chapter
8410;
A.meet or exceed the wetland protection standards under
chapter 8420; and
B.meet or exceed the floodplain management standards under
chapter 6120.
Subp. 2. Land alteration.
A.Within the shore impact zone, grading, filling, and land
disturbance activities involving a volume of more than ten
cubic yards of material or affecting an area greater than 250
square feet require a permit from the local government and
must comply with subpart 3, with the following exceptions:
(1)emergency situations as determined by the local
government; and
(2)restoration projects sponsored or approved by a
resource agency or the local government
B.Within the bluff impact zone and slope preservation zone,
grading, filling, and land disturbance activities are prohibited,
with the following exceptions:
(1)aggregate mining and extraction subject to subpart 3
and as provided under part 6106.0090, subpart 5; and
(2)(1)development allowed as exceptions under part
6106.0120, subpart 1, subject to subpart 3.
Subp. 3. Erosion and sediment control.
This subpart has been modified and moved to
part 6106.0150, subp. 7.
53
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
A.Temporary and permanent erosion and sediment control is
required for any development that disturbs a total land
surface area of 3,000 square feet or more.
B.A.Temporary and permanent erosion and sediment control
measures must be consistent with Protecting Water Quality in
Urban Areas Manual, incorporated by reference under part
6106.0070, and must comply with the standards provided in
the National Pollution Discharge and Elimination System
(NPDES) Program permit for construction storm water.
Subp. 4. Rock riprap and retaining walls.
This subpart has moved to part 6106.0150,
subp. 8.
A.Placement of riprap and retaining walls below the ordinary
high water level requires a permit from the commissioner and
must comply with chapter 6115.
B.Within shore impact zones, bluff impact zones, and slope
preservation zones, a local government may allow by permit
constructing or replacing retaining walls, riprap, or other
impervious surfaces or using bioengineering techniques,
provided the following standards are met:
(1)retaining walls, riprap, or other impervious surfaces must
only be used for the correction of an established erosion
problem that cannot be controlled through the use of
vegetation, slope stabilization using mulch, a biomat, or
similar bioengineering methods. This determination must be
done by a professional engineer or person with certification
in erosion control; and
(2)(1)design, construction, and maintenance must be consistent
with best management practices in Protecting Water Quality
in Urban Areas Manual, incorporated by reference under
part 6106.0070, or other appropriate resource agency
manual.
Subp. 5. Storm water management. This subpart has been modified and moved to
part 6106.0160
A.All development must meet or exceed the standards in chapters
7050, 7053, and 7090, as well as the Metropolitan Council's
current water resources management policy plan.
A.The impervious surface coverage limit is determined by
underlying zoning.
B.Storm water practices must be designed to capture runoff
generated from one inch of rainfall over new or reconstructed
impervious surfaces. Where site conditions do not allow for
infiltration, other volume reduction practices or filtration
practices must be given priority. This item applies to any
development that requires a permit from the local government
that involves land alteration. Design, construction, and
54
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
maintenance must be consistent with The Minnesota
Stormwater Manual, incorporated by reference under part
6106.0070.
PART 6106.01750 SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTSLAND This part describes standards for subdivisions,
DEVELOPMENT STANDARDS PUDs and other large-scale
developments/redevelopments.
Subpart 1. General provisions.
A.Purpose. The purpose of this part is to provide for subdivision,
development and redevelopment of land while protecting
primary conservation areas and preserving or restoring the
ecological functions of those areas.
B.Applicability. This part applies to all subdivisions, planned unit
Requesting feedback on (B) – should the
developments and redevelopment of land involving (10-20) or
threshold for these subdivision/land
more acres, including smaller individual sites that are part of a
development standards be set at 10 acres, 20
acres, or other size? Inventory of parcels in
common plan of development that may be constructed at
the MRCCA [TBA] will show numbers of
different times, with the following exceptions:
parcels in each category.
(1)minor boundary line corrections;
(2)resolutions of encroachments;
(3)additions to existing lots of record; and
(3)(4)placement of essential services.
C.Site information. Local governments must require detailed site
information and provide for pre-project review of all proposed
subdivisions, redevelopments, and planned unit developments
as provided under part 6106.0080, subpart 6.
Subp. 2. Lot standards for new lots. The lot width provision applies only to new
lots on tracts exceeding the size threshold
A.Where new lots are created, lot area and width standards for
established under subp. 1. Narrower lots may
conventional subdivisions and commercial and industrial lots
be allowed if conservation design methods or
must comply with the requirements of the underlying zoning
other techniques are used to protect riparian
districts, except as follows:
areas.
(1)the width of riparian lots in the CA-ROS district must be at
least 200 feet, unless alternative design methods are used
that provide greater protection of riparian areas.
Item B was moved from former part
A.B.Lots must have adequate buildable area to comply with part
6106.0100, Dimensional Standards
6106.0120.
B.C.Local government ordinances must contain incentives for
alternative design methods such as conservation design,
transfer of development density, or other zoning and site design
techniques that achieve better protection of primary
conservation areas.
Subpart 3. Design standards.
A.Primary conservation areas must be set aside as protected open
Feedback requested on percentages of open
areas. The amount of area to be protected must be determined
space: are these ranges reasonable and
appropriate?
as a percentage of tract size as follows:
(1) CA-ROS (1/2): at least (30-50%)
(2) CA-RN (3): at least (20-30%)
55
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(3) CA-RTC (4), CA-UM (6), CA-UC (7): at least (10-20%)
(4) CA-SR (5): (10-20%) if the parcel includes native plant
communities or provides feasible connections to a regional park
or trail system; otherwise, no requirement
B.If the primary conservation areas exceed the percentages
provided by item A, then the local government shallmay
determine which primary conservation areas are to be
protected.
C.If primary conservation areas exist but do not have natural
vegetation, then a vegetation assessment must be completed
for the areas to be protected to determine if vegetation
restoration is needed. If restoration is needed, it must be
restored according to part 6106.0150 subpart 7.
D.If the primary conservation areas do not exist or do not meet
Item D: new provision for restoration of land
the percentages specified under item A, local governments must
areas according to a restoration plan.
determine whether any portions of the parcel have been
identified as potential restoration areas in local plans, according
to part 6106.0070 subpart 4. Where such areas have been
identified, vegetation must be restored consistent with a
restoration plan according to 6106.0150, subpart 7.
E.Stormwater treatment areas or other green infrastructure may
be used to meet the coverage standards if the plants provide
suitable habitat.
F.The permanent protection of areas that have been set aside for
protection or restoration may be achieved through:
(1) public acquisition by a government entity for conservation
purposes
(2) a permanent conservation easement, as provided in
Minnesota Statutes, chapter 84C;
(3) adeed restriction; or
(4) other arrangements that achieve an equivalent degree of
protection as determined by the local government.
A.G.Any of the above permanent protection methods must ensure
the long-term management of vegetation to meet its ecological
functions, prohibit structures, and prohibit land alteration,
except as needed to provide public recreational facilities and
access to the river.
B.H.Protected Oopen space areas must connect neighboring or
abutting open space, natural areas, and recreational areas as
much as possible to form an interconnected network.
Supbart 4. Land dedication. Those local governments that require
This section revised to cite existing dedication
requirements, not add to them.
dedication of land or equivalent amounts of cash for parks and open
space under Minnesota Statutes 462.358 or 94.25 shall encourage
dedication of lands suitable for riverfront access, parks, open space,
56
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
storm water management or other public facilities within the MRCCA.
Subpart 1. General provisions.
Strike-outs of previous subdivision and
A.Subdivision and planned unit development proposals must be
dedication requirements
processed by local governments according to Minnesota
Statutes, chapters 394, 462, 505, and 515B.
B.Local governments must require detailed site information and
provide for preproject review of all proposed subdivisions and
planned unit developments as provided under part 6106.0060,
subpart 13.
C.A.The local government ordinances must contain provisions,
including incentives, for conservation subdivisions and
planned unit developments to protect primary conservation
areas and open space.
Subp. 2. Lot standards.
A.Lot area and width standards must comply with part
6106.0100, subpart 3, except as provided under item B.
B.Smaller lot area and width is allowed:
(1)for conservation subdivisions and planned unit
developments that provide greater protection or
enhancement of open space, such as:
a)increased distance between development and
primary conservation areas and other areas
identified for open space protection;
b)decreased development density close to primary
conservation areas and other areas identified for
open space protection;
c)use of minimum impact design;
d)restoration of open space to native plant
communities, wetlands, wildlife habitat, and other
natural features;
e)protection of open space greater than the
minimum required bysubpart 3; and
f)other means as determined by the local
government; and
(2)in the CA-5 district, when development density has
been transferred from other districts to achieve open
space protection as provided by subpart 3, item C.
Subp. 3. Open space. Local government ordinances must contain
provisions for the protection, administration, and maintenance of open
space as provided in items A to D.
A.Open space protection is required for all subdivisions creating
three or more lots and for all planned unit developments,
except for:
57
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
(1)minor boundary line corrections;
(2)resolutions of encroachments;
(3)additions to existing lots of record; and
(4)placement of essential services
B.Open space must be protected through:
(1)a perpetual conservation easement, as provided in
Minnesota Statutes, chapter 84C, the terms of which
must meet the purposes of parts 6106.0010 to
6106.0150 and must ensure long-term management of
vegetation in a natural state, prohibit structures, and
prohibit land alteration, except as needed to provide
public recreational facilities and access to the river; or
(2)fee title ownership by a government entity for
conservation purposes consistent with parts
6106.0010 to 6106.0150.
C.Areas to be protected as open space shall be determined as
follows:
(1)in the CA-1 and CA-2 districts, a minimum of 50
percent of the total project area of the proposed
subdivision or planned unit development must be
protected as open space, subject to the following
provisions:
a)primary conservation areas must be the highest
priority for protection;
b)if the primary conservation areas exceed 50
percent of the total project area, then the local
government must determine which primary
conservation areas are to be protected as open
space; and
c)if the primary conservation areas constitute less
than 50 percent of the total project area, then the
local government must:
i.determine the location of the remaining
balance of open space to be protected on
the site; or
ii.accept cash in lieu of open space protection
for the balance to be used only for
purchasing land or conservation easements
for open space, natural areas, and
recreational areas within the Mississippi
River Corridor Critical Area;
iii.in the CA-3, CA-4, CA-6, and CA-7 districts,
only primary conservation areas, if they
exist, must be protected as open space up
to a maximum percentage of the total
58
MRCCA Working Draft Rules – DNR, June 2, 2014
Working Draft Rules (tracking shows changes from 2011 draft)Commentary/Rationale for Changes
project area as provided in units (a) to (d):
iv.CA-3: 25 percent of the total project area;
v.CA-4, CA-6, and CA-7: 15 percent of the
total project area;
vi.if the primary conservation areas exceed
the percentages provided by units (a) and
(b), then the local government shall
determine which primary conservation
areas are to be protected as open space;
and
vii.if the primary conservation areas do not
meet the percentages provided by units (a)
and (b), then only the existing primary
conservation areas must be protected as
open space. If no primary conservation
areas exist, then no open space protection
is required; and
viii.in the CA-5 district, underlying open space
requirements apply, except that no open
space is required if development density is
transferred to the CA-5 district from other
districts.
D.A.Open space must connect neighboring or abutting open
space, natural areas, and recreational areas as much as
possible to form an interconnected, corridorwide network.
Subp. 4.Dedication.
A.In the development of subdivisions creating three or more lots
and planned unit developments, a developer must dedicate to
the public a reasonable portion of land suitable for riverfront
access or other lands in interest therein.
B.In the event of practical difficulties or physical impossibility,
the developer must contribute an equivalent amount of cash
to be used only for the acquisition of land for parks, open
space, storm water drainage areas, or other public services
within the Mississippi River Corridor Critical Area.
C.A.The area dedicated may include area protected as open space
under subpart 3.
59
MRCCA Working Draft Rules – DNR, June 2, 2014
Table 1: Exemptions from Setbacks, Height Limits, and Other Requirements in parts 6106.120 through
6106.170
Note that all exemptions in the Shore Impact Zone (SIZ), Bluff Impact Zone (BIZ) and Slope Preservation
Zone (SPZ) are also subject to the Vegetation and Land Alteration standards in part 6106.0150 and the
Storm Water Management standards in part 6106.0160.
Setbacks Height SIZ BIZ / SPZ Standards (the use
Limits must comply with
standard or referenced
parts)
Industrial and utility structures requiring N E N NStructure design and placement
greater height for operational reasons must minimize interference with
(i.e., elevators, refineries, railroad public river corridor views
signaling towers, etc.)
Barns, silos, farm structures N E N N
Bridges, bridge approach roadways E E E E part 6106.010
Cellular telephone towers E E N Npart 6106.0100 subp. 7
Chimneys, church spires, flag poles, N E N N
public monuments, mechanical service
stacks, and similar mechanical
equipment
Historic sites and districts E E E E
Public utilities (essential services, E E E E part 6106.010
electric power facilities and
transmission services)
Public transportation facilities E N (E) (E) part 6106.010
Public recreational facilities
N N N Npart 6106.010
Buildingsand parking
(E) N (E) (E) part 6106.010
Roads and driveways
E N N Npart 6106.010
Picnic shelters
E N E E part 6106.010
Trails, access paths and viewing
areas
ENE(E)part 6106.010
Water access ramps
River-dependent commercial, industrial
and utility uses
N N* N Npart 6106.0110 subp. 6
Buildings and parking that are not
part of a “shoreline facility”
E N* E E part 6106.0110 subp. 6
Shoreline facilities, i.e., barge and
port facilities, marinas, etc.
E N* E E part 6106.0110 subp. 6
Private roads and conveyance
structures serving river-dependent
uses
Private residential and commercial
water access and use facilities
N N N Npart 6106.0140
Private roads, driveways and
parking areas
E N E E part 6106.0140
Access paths
E N E Npart 6106.0140
Water access ramps
E N E E part 6106.0140
Stairways, lifts & landings
E N E Npart 6106.0140
Shoreline recreational use area
E N E Npart 6106.0140
Water-oriented accessory
60
MRCCA Working Draft Rules – DNR, June 2, 2014
Setbacks Height SIZ BIZ / SPZ Standards (the use
Limits must comply with
standard or referenced
parts)
structures
Signs
NNNNpart 6106.0140, subp. 6
Off-premise advertising signs
E N E Npart 6106.0140, subp. 6
Directional signs for watercraft
(private)
E N E E Structure design and placement
Public directional, interpretive,
must minimize interference with
educational, safety, or handicapped
public river corridor views, except
designation signs
as necessary for public safety
Rock riprap & retaining walls to correct E N E E Part 6106.0150, subp. 8
erosion problems
Structural reinforcement of bluffs in E N N E part 6106.0150, subp. 8
urban areas in CA-UC district
Flood control structures E N E E
Landscaping, patios and retaining walls E N N E** part 6106.0140 subp. 5
in non-riparian residential yards in slope
preservation zones
Vegetation restoration and soil E N E E part 6106.0150, subp. 6C
stabilization projects
Expansion of nonconforming structures E N N E part 6106.00
due to setbacks.
E = exempt
(E) = may be allowed if no reasonable alternatives exist
N = not exempt - must meet standard in rules (i.e., setback, height limit)
*
Some river-dependent commercial, industrial and utility structures may also be exempt from height limits
if greater height is required for operational reasons.
** Exemption applies only to Slope Preservation Zones
61
MRCCA Working Draft Rules – DNR, June 2, 2014