Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Scope.
The land use controls referenced herein shall apply to the
entire area within the land use district boundaries as identified on the land
management maps, plates 1 to 9 in part 6105.0950, and the land use district
property descriptions and determined in accordance with part 6105.0070, subpart
2, item B. In accordance with the Minnesota wild and scenic rivers act,
Minnesota Statutes 1974, section 104.36 each local government shall, within six
months of designation of the scenic and recreational river, adopt or amend its
local ordinances and land use district maps to the extent necessary to comply
with the statewide standards and criteria and the management plan as
follows.
Subp. 2.
Stearns County.
Stearns County shall enact or amend such ordinances and maps
as necessary to:
A. establish a scenic
river land use district, as identified on the land management maps, plates 1 to
9 in part 6105.0950, and the land use district property descriptions for
Stearns County; and
B. conform to
the provisions of parts 6105.0010 to 6105.0250.
Subp. 3.
Sherburne County.
Sherburne County shall enact or amend such ordinances and
maps as necessary to:
A. establish
scenic and recreational river land use districts, as identified on the land
management maps, plates 1 to 9 in part 6105.0950, and the land use district
property descriptions for Sherburne County; and
B. conform to the provisions of parts
6105.0010 to 6105.0250.
Subp.
4.
Wright County.
Wright County shall enact or amend such ordinances and maps
as necessary to:
A. establish a
recreational river land use district, as identified on the land management
maps, plates 1 to 9 in part 6105.0950, and the land use district property
descriptions for Wright County; and
B. conform to the provisions of parts
6105.0010 to 6105.0250.
Subp.
5.
Saint Cloud.
The municipality of Saint Cloud shall enact or amend such
ordinances and maps as necessary to:
A. establish a scenic river land use district
as identified on the land management maps, plate 1 in part 6105.0950, subpart
1, and the land use district property descriptions;
B. adopt the general development standards
for lands within the scenic river land use district in accordance with the
provisions of parts 6120.2600 to 6120.3900 and administer these provisions
according to parts 6105.0220 to 6105.0250, as applicable; and
C. conform to the provisions and
administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to
6105.0250.
Subp. 6.
Clearwater, Monticello, and Elk River.
The municipalities of Clearwater, Monticello, and Elk River
shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use
district as identified on the land management maps, plates 1 to 9 in part
6105.0950 and the land use district property descriptions;
B. adopt the general development standards
for land within the recreational river land use districts in accordance with
the provisions of parts 6120.2600 to 6120.3900, as applicable, except that
marinas shall not be allowed; and
C. conform to the provisions and
administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to
6105.0250.
Subp. 7.
Becker, Dayton, and Ramsey.
The municipalities of Becker, Dayton, and Ramsey shall enact
or amend such ordinances and maps as necessary to:
A. establish a recreational river land use
district as identified on the land management maps, plates 1 to 9 in part
6105.0950, and the land use district property descriptions; and
B. conform to the provisions of parts
6105.0010 to 6105.0250, except that the lot size requirements of part
6120.3300, subpart 2, item A, for natural environment waters under the
statewide standards and criteria for the management of municipal shoreland
areas of Minnesota shall be substituted for the lot size requirements of part
6105.0110, subpart 2, item A, subitem (3).
Subp. 8.
Elk River Township.
Elk River Township, excluding the presently incorporated city
of Elk River, shall be subject to parts 6105.0010 to 6105.0250 until such time
as it may be consolidated and incorporated. At that time those regulations
required for the city of Elk River (see subpart 6) will apply to the newly
incorporated area as well. In addition, the minimum setback for any new
structure shall be 100 feet rather than 75 feet.
Subp. 9.
Power plants.
The Northern States Power Company Sherco and Monticello power
plant sites shall be listed in the Sherburne and Wright county ordinances as
permitted uses. Northern States Power Company shall work with the Department of
Natural Resources in determining the most appropriate location for the
development of any structures or related facilities that may be located within
the scenic and recreational land use district boundary. Such development shall
be consistent with all other provisions of parts 6105.0080 to 6105.0200.
Subp. 10.
Land in annexation
area.
The portion of the land use district which is within the
orderly annexation area established by the Minnesota Municipal Board adjacent
to the city of Monticello in 1972 legally described in the land use district as
Government Lots 1, 2, 3 and 4 of Section 18 and Government Lots 1, 2 and 3 of
Section 8, Township 121 N. Range 24 W. of Wright County, shall be governed by
the recreational development standards of parts 6120.2600 to 6120.3900. The
zoning authority shall also conform to the provisions of parts 6105.0010 to
6105.0070; and 6105.0150 to 6105.0250.
Subp. 11.
Otsego.
The municipality of Otsego shall enact or amend such
ordinances and maps as necessary to:
A. establish a recreational river land use
district, as identified on the land management maps, plates 1 to 9 in part
6105.0950, and the land use district property descriptions;
B. for the recreational river land use
district within Sections 10, 11, 13, 14, and 15, Township 121 North, Range 24
West and Sections 7 and 18, Township 121 North, Range 23 West, conform to the
provisions of parts 6105.0010 to 6105.0250, except that minimum lot size shall
be 2-1/2 acres; and
C. for the
recreational river land use district west of State Highway 101 within Sections
14, 23, 26 and Government Lot 1 and the East 1/2 of the East 1/2 of the
Southeast 1/4 of Section 15, Township 121 North, Range 23 West and for the
recreational river land use district west of CSAH 42 in Section 26, Township
121 North, Range 23 West, conform to the provisions and administrative
procedures of parts 6105.0010 to 6105.0090; 6105.0100, subparts 1 and 2; Urban
river class standards in parts 6120.3100, 6120.3200, and 6120.3300, subpart 2b;
6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to 6105.0250 with the
following exceptions to the provisions of these parts:
(1) minimum lot size:
(a) for lots without public sewer, 40,000
square feet;
(b) for riparian lots
with public sewer, 20,000 square feet; or
(c) for nonriparian lots with public sewer,
15,000 square feet; and
(2) minimum lot width at the water line and
building line:
(a) for lots without public
sewer, 150 feet; or
(b) for lots
with public sewer, 75 feet; and
(3) minimum structure setback from the
ordinary high water level:
(a) for lots
without public sewer, 100 feet; or
(b) for lots with public sewer, 75 feet;
and
(4) minimum
structure setback from the bluffline, 30 feet; and
(5) impervious surface coverage requirements
in part 6120.3300, subpart 11, item B, may be varied without a variance if all
of the following criteria and standards are met:
(a) all structures and impervious surfaces
are located on slopes less than 13 percent. The physical alteration of slopes
shall not be permitted for the purpose of overcoming this limitation;
(b) the site development is designed,
implemented, and maintained using the most applicable combination of
comprehensive practices that prevent flooding, pollution, erosion, and
sedimentation problems consistent with "Protecting Water Quality in Urban
Areas, Best Management Practices for Minnesota," Minnesota Pollution Control
Agency, October 1989, which is incorporated by reference, is available at the
State Law Library, and is not subject to frequent change;
(c) a site development, maintenance, and
inspection plan incorporating the comprehensive practices in unit (b) is
approved by the local government and implemented; and
(d) a permit is granted by the local
government which minimally includes these conditions; and
D. for the recreational river land
use district within Sections 10, 14, 15, 16, 17, 23, 25, 26, and 36, Township
121 North, Range 23 West that is not listed in item C, conform to the
provisions and administrative procedures listed in item C, except minimum lot
size shall be 2-1/2 acres and maximum total lot area covered by impervious
surface shall be 25 percent and not subject to variability.
Statutory Authority: MS s
103F.321;
104.35
