Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Certification of compliance.
No vacant flood plain land shall be occupied or used and no
building hereafter erected, altered, or moved shall be occupied until the
applicant submits to the appropriate local official a certification by a
registered professional engineer, land surveyor, or other qualified person
designated by the local governing body that the finished fill and building
floor elevations or other flood protection measures are in compliance with
appropriate flood plain zoning provisions and other flood plain
regulations.
Subp. 2.
Removal of lands from a flood plain district.
The floodplain designation on official zoning maps shall not
be removed from floodplain areas adjacent to and outside of floodways unless it
can be shown that the areas are filled to an elevation at or above the flood
protection level and are contiguous to other lands lying outside the floodplain
district or unless flood control measures which meet the standards of part
6120.5900, subpart 6, items B, subitem (1) and D are constructed and
operative.
Subp. 3.
Permitted uses within the floodway or between levels.
Local zoning ordinances may designate specified uses as
permitted or special permit uses provided such uses have a low flood damage
potential and will not materially obstruct flood flows or increase velocities
or stages of the regional flood. However, uses that are likely to cause
pollution of waters, as defined in Minnesota Statutes 1969, section
115.01, are
prohibited unless adequate safeguards approved by the state water pollution
control agency are provided. All other uses are prohibited including storage of
any potentially hazardous materials which if subject to flooding may become
buoyant, flammable, explosive, or may be injurious to human, animal, or plant
life. Permitted uses must not be detrimental to the uses permitted in adjoining
districts. The following uses may be permitted within the floodway or between
levees:
A. Uses having a low flood
damage potential including agricultural uses, recreational uses, parking lots,
loading areas, storage yards, airport landing strips, certain sand and gravel
operations, water control structures, navigation facilities, and other open
space uses.
B. Structures accessory
to the above uses and commercial excavation and stockpiling of materials may be
permitted if:
(1) structures are not intended
for human habitation;
(2)
structures will have a low flood damage potential;
(3) structures or stockpiles of materials, if
permitted, will be constructed and placed so as to offer a minimal obstruction
to the flow of flood waters;
(4)
structures will be firmly anchored to prevent flotation; and
(5) service facilities within these
structures, such as electrical and heating equipment, will be at or above the
flood protection elevation for the site as described in part 6120.5700, subpart
5, or adequately floodproofed as provided in part 6120.5900, subpart 3, item
D.
C. Channel and harbor
connections to public waters, constructed under authority of Minnesota Statutes
1969, chapter 105, which can be shown will not cause material increases in
flood stages within the floodplain and which will not increase the flood hazard
to properties adjacent to the floodplain.
D. Public utility facilities and water
oriented industries which must be adjacent to watercourses provided that the
development is located in such a manner that it will not significantly alter
flood flows, heights, or velocities of the regional flood. Whenever necessary,
compensating measures shall be required to be undertaken to offset any adverse
effects of allowing the use within the floodway and to keep increases in stages
of the regional flood within the limits specified in part 6120.5700, subpart 4,
item A.
Subp. 4.
Development of flood fringe areas adjacent to and outside of
floodways.
Development:
A.
General provisions. All floodplain developments within designated flood fringe
areas shall be compatible with local comprehensive plans.
Floodplain developments shall not adversely affect the
efficiency or unduly restrict the capacity of the channels or floodways of any
tributaries to the main stream, drainage ditches, or any other drainage
facilities or systems.
B.
Residential areas. The finished surface of the first floor or basement floor of
any residential building or structure to be erected, constructed,
reconstructed, altered, or moved on the floodplain shall ordinarily be placed
on fill at or above the flood protection elevation. The fill shall be at or
above the elevation associated with the regional flood plus any increase in the
water surface elevation due to floodplain encroachment as described in part
6120.5700, subpart 4, item A. The fill shall extend at such elevation at least
15 feet beyond the limits of any structure or building erected thereon. Where
existing streets or utilities are at elevations which make strict compliance
with this provision impractical, the commissioner may authorize use of
floodproofing or other measures or methods to provide protection to the flood
protection elevation. Floodproofing or other protective measures may be allowed
only upon issuance of a special use permit by the local governmental
unit.
C. Commercial areas.
Commercial buildings or structures generally are to be constructed on fill with
no first floor or basement floor below the flood protection elevation.
Accessory land uses such as yards, railroad tracks, and parking lots may be at
lower elevations. However, in the absence of an adequate local flood warning
system, no area shall be designed for use by the public which would be
inundated to a depth greater than two feet or subjected to flood velocities
greater than four feet per second upon the occurrence of the regional
flood.
D. Manufacturing and
industrial areas. Manufacturing and industrial buildings, structures, and
appurtenant works shall be protected to the flood protection elevation.
Measures shall be taken to minimize interference with normal plant operations
especially for streams having protracted flood durations. Certain accessory
land uses such as yards, railroad tracks, and parking lots may be at lower
elevations subject to requirements of item C. Local ordinances shall give due
consideration to needs of industries whose businesses require that they be
located in a floodplain area.
E.
Public utilities, roads, and bridges. Public utility facilities, roads,
railroad tracks, and bridges within the floodplain should be designed to
minimize increases in flood elevations and should be compatible with existing
local comprehensive floodplain development plans. When failure or interruption
of these public facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the
area, protection to the flood protection elevation shall be provided. Where
failure or interruption of service would not endanger life or health, a lesser
degree of protection may be provided for minor or auxiliary roads, railroad
tracks, or utilities.
F. Storage of
materials. Materials that, in time of flooding, are buoyant, flammable,
explosive, or could be injurious to human, animal, or plant life shall be
stored at or above the flood protection elevation, floodproofed, or protected
by structural measures consistent with the standards set forth herein.
Furthermore, storage of materials likely to cause pollution of the waters, as
defined in Minnesota Statutes 1969, section
115.01, if subject to
flooding are prohibited unless adequate safeguards approved by the state water
pollution control agency are provided.
Subp. 5.
Nonconforming uses of the
floodplain.
Local floodplain management ordinances may, where
appropriate, provide for the gradual elimination of nonconforming uses within
the floodway. Any addition or modification to a lawful nonconforming use shall
be in conformance with the provisions of these standards and criteria and shall
not increase the flood damage potential or increase the degree of obstruction
to flood flows.
Nonconforming uses within the flood fringe may be continued
provided that such uses will not have an unduly adverse effect on flood flows,
velocities, or stages associated with the regional flood. Any addition or
modification to a lawful nonconforming use within the flood fringe shall be in
conformance with the provisions of these standards and criteria. Where
applicable, provisions shall be made to allow the proposed modifications and
additions to be protected to the flood protection elevation by an approved use
of supplemental floodplain management measures as outlined in part
6120.5900.
Statutory Authority: MS s
104.05
