Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Purpose.
The purpose of this part is to provide design standards for
private facilities within the Mississippi River Corridor Critical Area that are
consistent with best management practices and that minimize impacts to primary
conservation areas and other identified resources.
Subp. 2.
Definition.
For the purpose of this part, "private facilities" means
private roads, driveways, and parking areas; private water access and viewing
facilities; decks and patios in setback areas; and private signs.
Subp. 3.
General design
standards.
All private facilities must be developed in accordance with the
land alteration, vegetation, and storm water management requirements in parts
6106.0150 and 6106.0160.
Subp.
4.
Private roads, driveways, and parking areas.
Except as provided in part 6106.0180, private roads, driveways,
and parking areas must:
A. be designed
and constructed to take advantage of natural vegetation and topography so that
they are not readily visible;
B.
comply with structure setback requirements according to part 6106.0120;
and
C. not be placed within the
bluff impact zone or shore impact zone, unless exempt under part 6106.0180 and
designed consistent with part 6106.0130. subpart 3.
Subp. 5.
Private water access and
viewing facilities.
A. Private access
paths must be no more than:
(1) eight feet
wide, if placed within the shore impact zone; and
(2) four feet wide, if placed within the
bluff impact zone.
B.
Private water access ramps must:
(1) comply
with parts
6115.0210 and
6280.0250; and
(2) be designed and constructed consistent
with the applicable standards in Design Handbook for Recreational Boating and
Fishing Facilities, incorporated by reference under part 6106.0090.
C. Design and construction of
private stairways, lifts, and landings are subject to the following standards:
(1) stairways and lifts must not exceed four
feet in width on residential lots. Wider stairways are allowed for commercial
properties and residential facilities held in common, if approved by the local
government;
(2) landings for
stairways and lifts on residential lots must not exceed 32 square feet in area.
Landings larger than 32 square feet are allowed for commercial properties and
residential facilities held in common, if approved by the local
government;
(3) canopies or roofs
are prohibited on stairways, lifts, or landings;
(4) stairways, lifts, and landings must be
located in the least visible portion of the lot whenever practical;
and
(5) ramps, lifts, mobility
paths, or other facilities for persons with physical disabilities are allowed
for achieving access to shore areas according to subitems (1) to (4) and as
provided under part 6106.0080, subpart 7.
D. One water-oriented accessory structure is
allowed for each riparian lot or parcel less than 300 feet in width at the
ordinary high water level, with one additional water-oriented accessory
structure allowed for each additional 300 feet of shoreline on the same lot or
parcel. Water-oriented accessory structures are prohibited in the bluff impact
zone and must:
(1) not exceed 12 feet in
height;
(2) not exceed 120 square
feet in area; and
(3) be placed a
minimum of ten feet from the ordinary high water level.
Subp. 6.
Decks and patios in
setback areas.
Local governments may allow decks and at-grade patios to
encroach into the required setbacks from the ordinary high water level and
blufflines without a variance, in compliance with parts 6106.0150 and
6106.0160, provided that:
A. the
encroachment of the deck or patio into the required setback area does not
exceed 15 percent of the required structure setback;
B. the area of the deck or patio that extends
into the required setback area occupies no more than 25 percent of the total
area between the required setback and the 15 percent allowance, using the
formula below:
required setback depth (feet) x 0.15 x lot width (feet) x 0.25
= maximum total area; and
C. the deck or patio does not extend into the
bluff impact zone.
Subp.
7.
Private signs.
Placement of signs is guided by the local governments
underlying zoning, with the additional provisions in items A and B.
A. If the local government allows off-premise
advertising signs, the signs must:
(1) meet
all required setbacks and height limits standards of this chapter;
and
(2) not be readily
visible.
B. If the local
government allows directional signs for patrons arriving at a business by
watercraft, the signs:
(1) must be consistent
with Minnesota Statutes, section
86B.115;
(2) if located within the shore impact zone,
must convey only the location and name of the establishment and the general
types of goods and services available;
(3) must be no greater than ten feet in
height and 32 square feet in surface area; and
(4) if illuminated, must have lighting that
is shielded to prevent illumination out across the river or to the sky.
