Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Establishment of districts.
For purposes of this chapter, six districts are established in
the Mississippi River Corridor Critical Area, as described in this part, to
protect and enhance the resources and features identified in Minnesota
Statutes, section
116G.15,
subdivision 3.
Subp. 2.
Purpose.
The six districts are established based on the natural and
built character of different areas of the river corridor. All districts include
diverse land uses, including parks and open space and scenic, natural, and
historic areas.
Subp. 3.
Rural and open space district (CA-ROS).
A. The rural and open space district (CA-ROS)
is characterized by rural and low-density development patterns and land uses,
and includes land that is riparian or visible from the river, as well as large,
undeveloped tracts of high ecological and scenic value, floodplain, and
undeveloped islands, Many primary conservation areas exist in the
district.
B. The CA-ROS district
must be managed to sustain and restore the rural and natural character of the
corridor and to protect and enhance habitat, parks and open space, public river
corridor views, and scenic, natural, and historic areas.
Subp. 4.
River neighborhood district
(CA-RN).
A. The river neighborhood
district (CA-RN) is characterized by primarily residential neighborhoods that
are riparian or readily visible from the river or that abut riparian parkland.
The district includes parks and open space, limited commercial development,
marinas, and related land uses.
B.
The CA-RN district must be managed to maintain the character of the river
corridor within the context of existing residential and related neighborhood
development, and to protect and enhance habitat, parks and open space, public
river corridor views, and scenic, natural, and historic areas. Minimizing
erosion and the flow of untreated storm water into the river and enhancing
habitat and shoreline vegetation are priorities in the district.
Subp. 5.
River towns and
crossings district (CA-RTC).
A. The
river towns and crossings district (CA-RTC) is characterized by historic
downtown areas and limited nodes of intense development at specific river
crossings, as well as institutional campuses that predate designation of the
Mississippi River Critical Corridor Area and that 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 storm water into the
river, providing public access to and public views of the river, and restoring
natural vegetation in riparian areas and tree canopy are priorities in the
district.
Subp. 6.
Separated from river district (CA-SR).
A. The separated from river district (CA-SR)
is characterized by its physical and visual distance from the Mississippi
River. The district includes land separated from the river by distance,
topography, development, or a transportation corridor. The land in this
district is not readily visible from the Mississippi River.
B. The CA-SR district provides flexibility in
managing development without negatively affecting the key resources and
features of the river corridor. Minimizing negative impacts to primary
conservation areas and minimizing erosion and flow of untreated storm water
into the Mississippi River are priorities in the district.
Subp. 7.
Urban mixed district
(CA-UM).
A. The urban mixed district
(CA-UM) includes large areas of highly urbanized mixed use that are a part of
the urban fabric of the river corridor, including institutional, commercial,
industrial and residential areas and parks and open space.
B. The CA-UM district must be managed in a
manner that allows for future growth and potential transition of intensely
developed areas that does not negatively affect public river corridor views and
that protects bluffs and floodplains. Restoring and enhancing bluff and
shoreline habitat, minimizing erosion and flow of untreated storm water into
the river, and providing public access to and public views of the river are
priorities in the district.
Subp.
8.
Urban core district (CA-UC).
A. The urban core district (CA-UC) includes
the urban cores of Minneapolis and St. Paul.
B. The CA-UC district must be managed with
the greatest flexibility to protect commercial, industrial, and other
high-intensity urban uses, while minimizing negative impacts to primary
conservation areas and minimizing erosion and flow of untreated storm water
into the river. Providing public access to and public views of the river are
priorities in the district.
Subp.
9.
District boundaries.
A. The physical boundaries of each district
are delineated in the Mississippi River Corridor Critical Area District Map,
Minnesota Department of Natural Resources ( 2016 and as subsequently amended).
The map is incorporated by reference, is not subject to frequent change, and is
available on the department's Web site at
www.dnr.state.mn.us/waters/watermgmt_section/critical_area/index.html.
The commissioner must maintain the map and must amend the map as provided in
item C.
B. The district boundary
lines on the Mississippi River Corridor Critical Area District Map are intended
to follow the center lines of rivers and streams, highways, streets, lot lines,
and municipal boundaries, unless a boundary line is otherwise indicated on the
map. Where district boundaries cross unsubdivided property, the district
boundary line is determined by use of dimensions or the scale appearing on the
map.
C. The boundaries of a
district established under this part must be amended according to subitems (1)
to (3).
(1) A local government or a state or
regional agency must submit a written request to the commissioner requesting a
district boundary amendment. The request must:
(a) be approved by the governing body with
the legal authority to make the request for the state or regional agency or
local government;
(b) specifically
identify the proposed changes to plans and ordinances to address the proposed
change;
(c) identify changes in
land uses, infrastructure, or other conditions since the effective date of this
chapter that justify the proposed changes;
(d) identify those local comprehensive plans,
regional system statements, state park and transportation master plans, and
federal plans that apply to the area proposed for a district boundary
amendment;
(e) address potential
negative impacts of the proposed change to primary conservation areas, public
river corridor views, and other resources and features identified in local
governments plans; and
(f) contain
a summary of feedback from affected parties as provided under subitem
(2).
(2) The local
government or state or regional agency 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 amendments and must conduct
a public hearing.
(3) Upon
receiving a complete request for a district boundary amendment as provided
under subitem (1), the commissioner must consider the request and determine
whether to initiate rulemaking to amend the boundary according to Minnesota
Statutes, chapter 14. The commissioner must communicate the determination, in
writing, to the local government or state or regional agency requesting the
district boundary amendment within 60 days after receiving the
request.
D. This subpart
does not apply to the defined river corridor boundary.