Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6106 - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
Part 6106.0120 - DIMENSIONAL STANDARDS
Universal Citation: MN Rules 6106.0120
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Purpose.
The purpose of this part is to establish dimensional standards that protect primary conservation areas and public river corridor views from impacts of development and ensure that new development is sited in locations consistent with part 6106.0020.
Subp. 2. Structure height.
A. Structures, including accessory structures
as defined by local ordinance, must be no taller than the heights specified for
each district:
(1) CA-ROS: 35 feet;
(2) CA-RN: 35 feet;
(3) CA-RTC: 48 feet, provided that tiering of
structures away from the Mississippi River and from blufflines is given
priority, with lower structure heights closer to the river and blufflines, and
that structure design and placement minimizes interference with public river
corridor views. Taller buildings are allowed by conditional use permit, as
provided under item D, with consideration of the relationship of building
height to the mature treeline, where present, and existing surrounding
development, as viewed from the ordinary high water level of the opposite shore
and from public river corridor views;
(4) CA-SR: height is determined by the local
government's underlying zoning requirements, provided the structure height in
the underlying zoning is generally consistent with the height of the mature
treeline, where present, and existing surrounding development, as viewed from
the ordinary high water level of the opposite shore;
(5) CA-UM: 65 feet, provided tiering of
structures away from the Mississippi River and from blufflines is given
priority, with lower structure heights closer to the river and blufflines, and
that structure design and placement minimize interference with public river
corridor views. Taller buildings are allowed by conditional use permit, as
provided under item D; and
(6)
CA-UC: height is determined by the local governments underlying zoning
requirements, provided tiering of structures away from the Mississippi River
and blufflines is given priority, with lower structure heights closer to the
river and blufflines, and structure design and placement minimize interference
with public river corridor views.
B. For the purposes of this subpart, height
is determined by applicable local government zoning regulations, provided it is
measured on the side of the structure facing the Mississippi River.
C. The height requirements in item A do not
apply to those structures and facilities identified in part 6106.0180 as exempt
from these requirements, but meeting the setback requirements of subpart
3.
D. In addition to the
conditional use permit requirements in part 6106.0080, criteria for considering
whether to grant a conditional use permit for buildings exceeding the height
limits in item A must include:
(1) assessment
of the visual impact of the proposed building on public river corridor views,
including views from other communities;
(2) identification and application 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 facade;
(c) narrowing the profile of upper floors of
the building; or
(d) increasing the
setbacks of the building from the Mississippi River or blufflines;
(3) identification of techniques
for preservation of those view corridors identified in the local governments
plan; and
(4) opportunities for
creation or enhancement of public river corridor views.
Subp. 3. Location of structures.
A. Structures and
impervious surfaces must not be located in the shore impact zone and must meet
the following setback requirement from the ordinary high water level of the
Mississippi River and other waters within the Mississippi River Corridor
Critical Area, as specified for each district:
(1) CA-ROS: 200 feet from the Mississippi
River and 150 feet from the Minnesota River and Vermillion River;
(2) CA-RN: 100 feet from the Mississippi
River and 75 feet from the Rum River and Vermillion River;
(3) CA-RTC: 75 feet from the Mississippi
River, Crow River, and Rum River;
(4) CA-SR: 75 feet from the Vermillion
River;
(5) CA-UM: 50 feet from the
Mississippi River;
(6) CA-UC: as
specified in underlying zoning; and
(7) for all other public waters within the
Mississippi River Corridor Critical Area, as specified in underlying
zoning.
B. Structures
and impervious surfaces must not be located in the bluff impact zone and must
meet the following setback requirements from the bluffline as specified for
each district:
(1) CA-ROS: 100
feet;
(2) CA-RN: 40 feet;
(3) CA-RTC: 40 feet;
(4) CA-SR: 40 feet;
(5) CA-UM: 40 feet; and
(6) CA-UC: 40 feet.
C. The requirements in items A and B do not
apply to those structures and facilities listed in part 6106.0180 as exempt
from these requirements.
D. Where
principal structures exist on the adjoining lots on both sides of a proposed
building site, the minimum setback may be altered to conform to the average of
the adjoining setbacks, provided that the new structures scale and bulk
riverward or bluffward of the setbacks required under items A and B are
consistent with adjoining development. No structures or impervious surfaces are
allowed within the bluff impact zone or shore impact zone, except as specified
under part 6106.0180.
E. Subsurface
sewage treatment systems, including the septic tank and absorption area, must
be located at least 75 feet from the ordinary high water level of the
Mississippi River and all other public waters within the Mississippi River
Corridor Critical Area.
Subp. 4. Standards for new lots.
A. Where lots are created after the effective
date of this part, lot area and width standards must comply with the
requirements of the underlying zoning, except the width of lots abutting the
Mississippi River in the CA-ROS district must be at least 200 feet, unless
alternative design methods are used that provide greater protection of the
riparian areas.
B. New lots must
have adequate buildable area to comply with the setback requirements in subpart
3.
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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