Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Purpose and scope.
The purpose of this part is to establish standards for public
facilities that are consistent with best management practices and that protect
primary conservation areas. Public facilities serve the public interest by
providing public access to the Mississippi River corridor or require locations
in or adjacent to the river corridor and therefore require some degree of
flexibility.
Subp. 2.
Definition of terms.
For the purpose of this part, "public facilities" means public
utilities, public transportation facilities, and public recreational
facilities.
Subp. 3.
General design standards.
All public facilities must be designed and constructed
to:
A. minimize visibility of the
facility to the extent consistent with the purpose of the facility;
B. comply with the dimensional standards in
part 6106.0120, except as provided in part 6106.0180;
C. be consistent with the vegetation
management standards in part 6106.0150, subpart 5, and the land alteration and
storm water management standards in part 6106.0160, including use of practices
identified in Best Practices for Meeting DNR General Public Waters Work Permit
GP 2004-001, incorporated by reference under part 6106.0090. where applicable,
State or regional agencies, special purpose units of government, local park
agencies, and local units of government with parks within their jurisdiction
are not required to obtain a vegetation management or land alteration permit
under part 6106.0150 or 6106.0160, but must apply the standards and criteria
that would be applied by local government, were a permit required;
D. avoid primary conservation areas, unless
no alternative exists. If no alternative exists, then disturbance to primary
conservation areas must be avoided to the greatest extent practicable, and
design and construction must minimize impacts; and
E. minimize disturbance of spawning and
nesting times by scheduling construction at times when local fish and wildlife
are not spawning or nesting.
Subp.
4.
Right-of-way maintenance standards.
Right-of-way maintenance for public facilities is subject to
the following standards:
A. vegetation
currently in a natural state must be maintained to the extent
feasible;
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 must be avoided when practicable, but when chemical
control is necessary, chemicals used must be in accordance with the rules,
regulations, and other requirements of all state and federal agencies with
authority over the chemicals use.
Subp. 5.
Crossings of public water or
public land.
Crossings of public 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. 6.
Public utilities.
Public utilities must, at a minimum, comply with the following
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.
7.
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 transportation facilities must be designed and
constructed to give priority to:
A.
providing scenic overlooks for motorists, bicyclists, and
pedestrians;
B. providing safe
pedestrian crossings and facilities along the river corridor;
C. providing access to the riverfront in
public ownership; and
D. allowing
for use of the land between the river and the transportation facility.
Subp. 8.
Public
recreational facilities.
A. Buildings
and parking associated with public recreational facilities, except as provided
under part 6106.0180, must meet the dimensional standards in part 6106.0120 and
must not be placed within the bluff impact zone or shore impact zone.
B. Roads and driveways associated with public
recreational facilities must not be placed in the bluff impact zone or shore
impact zone unless no other placement alternative exists. If no alternative
exists, then design and construction must minimize impacts to shoreline
vegetation, erodible soils and slopes, and other sensitive resources.
C. Trails, access paths, and viewing areas
associated with public recreational facilities and providing access to or views
of the Mississippi River are allowed within the bluff impact zone or shore
impact zone if design, construction, and maintenance methods are consistent
with the best management practice guidelines in Trail Planning, Design, and
Development Guidelines, incorporated by reference under part 6106.0090.
(1) Hard-surface trails are not allowed on
the face of bluffs with a slope exceeding 30 percent, Natural surface trails
are allowed, provided they do not exceed eight feet in width.
(2) Trails, paths, and viewing areas must be
designed and constructed to minimize:
(a)
visibility from the river;
(b)
visual impacts on public river corridor views; and
(c) disturbance to and fragmentation of
primary conservation areas.
D. Public water access facilities are subject
to the following requirements:
(1) watercraft
access ramps must comply with parts 6115.0210 and 6280.0250; and
(2) facilities must be designed and
constructed consistent with the standards in Design Handbook for Recreational
Boating and Fishing Facilities, incorporated by reference under part
6106.0090.
E. Public
signs and kiosks for interpretive or directional purposes are allowed in the
bluff impact zone or shore impact zone, provided they are placed and
constructed to minimize disturbance to these areas and avoid visual impacts on
public river corridor views.
F.
Public stairways, lifts, and landings must be designed as provided in part
6106.0140, subpart 6, item C.
