Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Criteria.
The commissioner shall classify all public waters in
accordance with the following criteria:
A. size and shape;
B. amount and type of existing
development;
C. road and service
center accessibility;
D. existing
natural characteristics of the waters and shorelands;
E. state, regional, and local plans and
management programs;
F. existing
land use restrictions; and
G.
presence of significant historic sites.
Subp. 1a.
Classes.
The classes of public waters are natural environment lakes,
recreational development lakes, general development lakes, remote river
segments, forested river segments, transition river segments, agricultural
river segments, urban river segments, and tributary river segments. All of the
river classes except tributary consist of watercourses that have been
identified as being recreationally significant on a statewide basis. The
tributary class consists of all other watercourses identified in the protected
waters inventory. General descriptions of each class follow:
A. Natural environment lakes are generally
small, often shallow lakes with limited capacities for assimilating the impacts
of development and recreational use. They often have adjacent lands with
substantial constraints for development such as high water tables, exposed
bedrock, and unsuitable soils. These lakes, particularly in rural areas,
usually do not have much existing development or recreational use.
B. Recreational development lakes are
generally medium-sized lakes of varying depths and shapes with a variety of
landform, soil, and groundwater situations on the lands around them. They often
are characterized by moderate levels of recreational use and existing
development. Development consists mainly of seasonal and year-round residences
and recreationally-oriented commercial uses. Many of these lakes have
capacities for accommodating additional development and use.
C. General development lakes are generally
large, deep lakes or lakes of varying sizes and depths with high levels and
mixes of existing development. These lakes often are extensively used for
recreation and, except for the very large lakes, are heavily developed around
the shore. Second and third tiers of development are fairly common. The larger
examples in this class can accommodate additional development and
use.
D. Remote river segments are
primarily located in roadless, forested, sparsely-populated areas of the
northeastern part of the state. Common land uses include multiple-use forestry,
some recreation facilities, and occasional seasonal or year-round residential.
Low intensity recreational uses of these river segments and adjacent lands are
common. This class has limited potential for additional development and
recreational use due to land suitability and road access constraints.
E. Forested river segments are located in
forested, sparsely to moderately populated areas with some roads in the
north-central part of the state. Predominant land uses include multiple-use
forestry, some recreation facilities, seasonal residential, and, within
commuting distances of several cities, some year-round residential.
Low-intensity recreational uses of these rivers and adjacent lands are common.
This class has substantial potential for additional development and
recreational use.
F. Transition
river segments are generally either located within the Minnesota and
Mississippi river valleys, or within the middle reaches of several rivers in
all regions except the north-central and northeast. Common land uses include
forested within riparian strips and mixtures of cultivated, pasture, and
forested beyond. Some seasonal and year-round residential development exists,
particularly within commuting distance of major cities. The types and
intensities of recreational uses within this class vary widely.
G. Agricultural river segments are located in
well-roaded, intensively cultivated areas of the western and southern regions
of the state. Cultivated crops are the predominant land use, with some pasture
and occasional feedlots, small municipalities, and small forested areas.
Residential development is not common, but some year-round residential use is
occurring within commuting distances of major cities. Some intensive
recreational use occurs on these river segments in particular areas, but
overall recreational use of these waters and adjacent lands is low. Although
potential exists for additional development and recreation, water quality
constraints and competing land uses, particularly agriculture, will inhibit
expansions.
H. Urban river segments
are located within or adjacent to major cities throughout the state. A variety
of residential and other urban land uses exists within these segments.
Recreational uses of these segments and adjacent lands are common, but vary
widely in types and intensities. These segments have potential for additional
development, for redevelopment, and for additional recreational use, although
recreational use on some of these segments competes with commercial river
traffic.
I. Tributary river
segments consist of watercourses mapped in the Protected Waters Inventory that
have not been assigned one of the river classes in items D to H. These segments
have a wide variety of existing land and recreational use characteristics. The
segments have considerable potential for additional development and
recreational use, particularly those located near roads and cities.
Subp. 2.
Supporting
data.
Supporting data for shoreland management classifications is
supplied by the records and files of the Department of Natural Resources,
including maps, lists, and other products of the Protected Waters Inventory;
data and publications of the Shoreland Update Project; the Minnesota Department
of Natural Resources Statewide Outstanding Rivers Inventory; Bulletin No. 25
(1968); and Supplementary Report No. 1 - Shoreland Management Classification
System for Public Waters (1976) of the Division of Waters, Minnesota's
Lakeshore, part 2, Statistical Summary, Department of Geography, University of
Minnesota; and additional supporting data may be supplied, as needed, by the
commissioner. These publications are incorporated by reference, are available
through the Minitex interlibrary loan system, and are not subject to frequent
change.
Subp. 3.
Classification procedures.
Public waters shall be classified by the commissioner. The
commissioner shall document each classification with appropriate supporting
data. A preliminary list of classified public waters shall be submitted to each
affected local government. Each affected local government shall be given an
opportunity to request a change in the proposed classification. If a local
government feels such a change is needed, a written request with supporting
data may be submitted to the commissioner for consideration. If a local
government requests a change in a proposed shoreland management classification
and the public water is located partially within the jurisdiction of another
governmental unit, the commissioner shall review the recommendations of the
other governmental units before making a final decision on the proposed
change.
Subp. 4.
Reclassification.
The commissioner may, as the need arises, reclassify any
public water. Also, any local government may at any time submit a resolution
and supporting data requesting a change in any shoreland management
classification of waters within its jurisdiction to the commissioner for
consideration.
Subp. 5.
Modification and expansion of system.
The commissioner may, as the need arises, modify or expand
the shoreland classification system to provide specialized shoreland management
standards based upon unique characteristics and capabilities of any public
waters.