Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Underlying zoning.
Uses permissible within the Mississippi River Corridor Critical
Area are generally determined by the local governments underlying zoning, with
additional provisions for certain uses as specified by this part.
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.
Subp. 3.
Feedlots.
New animal feedlots and manure storage areas are prohibited.
Existing animal feedlots and manure storage areas must conform with 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 consistent with recommended practices in Conserving
Wooded Areas in Developing Communities: Best Management Practices in Minnesota,
incorporated by reference under part 6106.0090.
Subp. 5.
Nonmetallic mining.
If allowed by the local government, nonmetallic mining requires
a conditional use permit or interim use permit issued by the local government,
subject to the following:
A. new
nonmetallic mining is prohibited within the shore impact zone, bluff impact
zone, and within the required structure setback from the bluffline;
B. processing machinery must be located
consistent with setback standards for structures as provided in part
6106.0120;
C. only one barge
loading area, which must be limited to the minimum size practicable, is
permitted for each mining operation;
D. new and, where practicable, existing
nonmetallic mining operations must not be readily visible and must be screened
by establishing and maintaining natural vegetation. The unscreened boundaries
of nonmetallic mining areas are limited to only the barge loading
area;
E. a site management plan
must be developed by the operator and approved by the local government before
new nonmetallic mining commences. Operations must be consistent with the site
plan throughout the duration of operations at the site. The site management
plan must:
(1) describe how the site will be
developed over time with an emphasis on minimizing environmental risk to public
waters;
(2) explain where staged
reclamation may occur at certain points during the life of the site;
(3) address dust, noise, storm water
management, possible pollutant discharges, days and hours of operation, and
duration of operation; and
(4)
describe any anticipated vegetation and topographic alterations outside the
pit, and reclamation plans consistent with the stated end use for the land;
and
F. existing and new
nonmetallic mining operations must submit land reclamation plans to the local
government compatible with the purposes of this chapter.
Subp. 6.
River-dependent uses.
River-dependent uses must comply with items A to C.
A. Structures and parking areas, except
shoreline facilities and private roads and conveyances serving river-dependent
uses as provided in part 6106.0180, must meet the dimensional and performance
standards in this chapter, must be designed so that they are not readily
visible, and must be screened by establishing and maintaining natural
vegetation.
B. Shoreline facilities
must comply with chapter 6115 and must:
(1) be
designed in a compact fashion so as to minimize the shoreline area affected;
and
(2) minimize the surface area
of land occupied in relation to the number of watercraft or barges to be
served.
C. Dredging and
placement of dredged material are subject to existing federal and state permit
requirements and agreements.
Subp.
7.
Wireless communication facilities.
Wireless communication facilities require a conditional use
permit or interim use permit issued by the local government. In addition to the
conditional use permit or interim use permit requirements under part 6106.0080,
the following conditions apply:
A. the
applicant must demonstrate that functional coverage cannot be provided through
co-location, a tower at a lower height, or a tower at a location outside the
Mississippi River Corridor Critical Area;
B. the tower must not be located in the bluff
impact zone or shore impact zone; and
C. placement of the tower must minimize
impacts on public river corridor views.
