Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Purpose.
To manage the effects of shoreland and water surface
crowding, to prevent pollution of surface and ground waters of the state, to
provide ample space on lots for sewage treatment systems, to minimize flood
damages, to maintain property values, to maintain historic values of
significant historic sites, and to maintain natural characteristics of
shorelands and adjacent water areas, shoreland controls must regulate lot
sizes, placement of structures, and alterations of shoreland areas.
Subp. 2.
Residential lot
size.
All single, duplex, triplex, and quad residential lots
created after the date of enactment of the local shoreland controls must meet
or exceed the dimensions presented in subparts 2a and 2b, and the
following:
A. Lots must not be
occupied by any more dwelling units than indicated in subparts 2a and 2b.
Residential subdivisions with dwelling unit densities exceeding those in the
tables in subparts 2a and 2b can only be allowed if designed and approved as
residential planned unit developments under part 6120.3800. Only land above the
ordinary high water level of public waters can be used to meet lot area
standards, and lot width standards must be met at both the ordinary high water
level and at the building line. The sewer lot area dimensions in subpart 2a,
items D to F can only be used if publicly owned sewer system service is
available to the property.
B. On
natural environment lakes, subdivisions of duplexes, triplexes, and quads must
also meet the following standards:
(1) Each
building must be set back at least 200 feet from the ordinary high water
level.
(2) Each building must have
common sewage treatment and water systems that serve all dwelling units in the
building.
(3) Watercraft docking
facilities for each lot must be centralized in one location and serve all
dwelling units in the building.
(4)
No more than 25 percent of a lake's shoreline can be in duplex, triplex, or
quad developments.
C.
One guest cottage may be allowed in local controls on lots meeting or exceeding
the duplex dimensions presented in subparts 2a and 2b if the controls also
require all of the following standards to be met:
(1) For lots exceeding the minimum lot
dimensions of duplex lots, the guest cottage must be located within the
smallest duplex-sized lot that could be created including the principal
dwelling unit.
(2) A guest cottage
must not cover more than 700 square feet of land surface and must not exceed 15
feet in height.
(3) A guest cottage
must be located or designed to reduce its visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks,
color, or other means acceptable to the local unit of government, assuming
summer leaf-on conditions.
D. Lots of record in the office of the county
recorder on the date of enactment of local shoreland controls that do not meet
the requirements of items A to E and subparts 2a and 2b may be allowed as
building sites without variances from lot size requirements provided the use is
permitted in the zoning district, the lot has been in separate ownership from
abutting lands at all times since it became substandard, was created compliant
with official controls in effect at the time, and sewage treatment and setback
requirements of the shoreland controls are met. Necessary variances from
setback requirements must be obtained before any use, sewage treatment system,
or building permits are issued for the lots. In evaluating all the variances,
boards of adjustment shall consider sewage treatment and water supply
capabilities or constraints of the lots and shall deny the variances if
adequate facilities cannot be provided. If, in a group of two or more
contiguous lots under the same ownership, any individual lot does not meet the
requirements of items A to E and subparts 2a and 2b, the lot must not be
considered as a separate parcel of land for the purposes of sale or
development. The lot must be combined with the one or more contiguous lots so
they equal one or more parcels of land, each meeting the requirements of items
A to E and subparts 2a and 2b as much as possible. Local shoreland controls may
set a minimum size for nonconforming lots or impose their restrictions on their
development.
E. If allowed by local
governments, lots intended as controlled accesses to public waters or
recreation areas for use by owners of nonriparian lots within subdivisions must
meet or exceed the following standards:
(1)
They must meet the width and size for residential lots, and be suitable for the
intended uses of controlled access lots. If docking, mooring, or over-water
storage of watercraft is to be allowed at a controlled access lot, then the
width of the lot must be increased by the percent of the requirements for
riparian residential lots for each watercraft provided for by covenant beyond
six, consistent with the following table:
Controlled Access Lot Frontage Requirements
| Ratio of lake size to shore length (acres/mile) |
Required increase in frontage (percent) |
| Less than 100 |
|
25 |
| 100-200 |
|
20 |
| 201-300 |
|
15 |
| 301-400 |
|
10 |
| Greater than 400 |
|
5 |
(2)
They must be jointly owned by all purchasers of lots in the subdivision or by
all purchasers of nonriparian lots in the subdivision who are provided riparian
access rights on the access lot.
(3) Covenants or other equally effective
legal instruments must be developed that specify which lot owners have
authority to use the access lot and what activities are allowed. The activities
may include watercraft launching, loading, storage, beaching, mooring, or
docking. They must also include other outdoor recreational activities that do
not significantly conflict with general public use of the public water or the
enjoyment of normal property rights by adjacent property owners. Examples of
the nonsignificant conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be continuously moored,
docked, or stored over water, and must require centralization of all common
facilities and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking
areas, storage buildings, and other facilities to be screened by vegetation or
topography as much as practical from view from the public water, assuming
summer, leaf-on conditions.
Subp. 2a.
Lot area and width standards
for single, duplex, triplex, and quad residential development; lake
classes.
The lot area and width standards for single, duplex, triplex,
and quad residential developments for the lake classes are:
A. Natural Environment, no sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
80,000 |
80,000 |
| Duplex |
120,000 |
160,000 |
| Triplex |
160,000 |
240,000 |
| Quad |
200,000 |
320,000 |
Lot width (feet)
| Single |
200 |
200 |
| Duplex |
300 |
400 |
| Triplex |
400 |
600 |
| Quad |
500 |
800 |
B.
Recreational Development, no sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
40,000 |
40,000 |
| Duplex |
80,000 |
80,000 |
| Triplex |
120,000 |
120,000 |
| Quad |
160,000 |
160,000 |
Lot width (feet)
| Single |
150 |
150 |
| Duplex |
225 |
265 |
| Triplex |
300 |
375 |
| Quad |
375 |
490 |
C.
General Development, no sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
20,000 |
40,000 |
| Duplex |
40,000 |
80,000 |
| Triplex |
60,000 |
120,000 |
| Quad |
80,000 |
160,000 |
Lot width (feet)
| Single |
100 |
150 |
| Duplex |
180 |
265 |
| Triplex |
260 |
375 |
| Quad |
340 |
490 |
D.
Natural Environment, sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
40,000 |
20,000 |
| Duplex |
70,000 |
35,000 |
| Triplex |
100,000 |
52,000 |
| Quad |
130,000 |
65,000 |
Lot width (feet)
| Single |
125 |
125 |
| Duplex |
225 |
220 |
| Triplex |
325 |
315 |
| Quad |
425 |
410 |
E.
Recreational Development, sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
20,000 |
15,000 |
| Duplex |
35,000 |
26,000 |
| Triplex |
50,000 |
38,000 |
| Quad |
65,000 |
49,000 |
Lot width (feet)
| Single |
75 |
75 |
| Duplex |
135 |
135 |
| Triplex |
195 |
190 |
| Quad |
255 |
245 |
F.
General Development, sewer:
Lot area (square feet)
|
Riparian lots |
Nonriparian lots |
| Single |
15,000 |
10,000 |
| Duplex |
26,000 |
17,500 |
| Triplex |
38,000 |
25,000 |
| Quad |
49,000 |
32,500 |
Lot width (feet)
| Single |
75 |
75 |
| Duplex |
135 |
135 |
| Triplex |
195 |
190 |
| Quad |
255 |
245 |
Subp.
2b.
Lot width standards for single, duplex, triplex, and
quad residential development; river classes.
The lot width standards for single, duplex, triplex, and quad
residential development for river classes are:
Lot width (feet)
|
Remote |
Forested |
Transition |
Agricultural |
Urban&Tributary |
|
|
|
|
|
No sewer |
Sewer |
| Single |
300 |
200 |
250 |
150 |
100 |
75 |
| Duplex |
450 |
300 |
375 |
225 |
150 |
115 |
| Triplex |
600 |
400 |
500 |
300 |
200 |
150 |
| Quad |
750 |
500 |
625 |
375 |
250 |
190 |
Subp.
3.
Placement and height of structures and facilities on
lots.
When more than one setback requirement applies to a site,
structures and facilities must be located to meet all setbacks. The placement
of structures and other facilities on all lots must be managed by shoreland
controls as follows:
A. Structure
setbacks. The following minimum setbacks presented in the following table for
each class of public waters apply to all structures, except water-oriented
accessory structures and facilities that are managed according to item H:
(1) Structure setback standards
| Class |
Ordinary high water level setback (feet) |
Setback from top of bluff (feet) |
|
Unsewered |
Sewered |
|
| Natural environment |
150 |
150 |
30 |
| Recreational development |
100 |
75 |
30 |
| General development |
75 |
50 |
30 |
| Remote river segments |
200 |
200 |
30 |
| Forested and transition river segments |
150 |
150 |
30 |
| Agricultural, urban, and tributary river segments |
100 |
50 |
30 |
(2)
Exceptions to structure setback standards in subitem (1). Where structures
exist on the adjoining lots on both sides of a proposed building site,
structure setbacks may be altered without a variance to conform to the
adjoining setbacks provided the proposed building site is not located in a
shore impact zone or in a bluff impact zone.
B. High water elevations. In addition to the
setback requirements of item A, local shoreland controls must regulate
placement of structures in relation to high water elevation. Where
state-approved, local flood plain management controls exist, structures must be
placed at an elevation consistent with the controls. Where these controls do
not exist, the elevation to which the lowest floor, including basement, is
placed or flood-proofed must be determined as follows:
(1) For lakes, by placing the lowest floor at
a level at least three feet above the highest known water level, or three feet
above the ordinary high water level, whichever is higher. In instances where
lakes have a history of extreme water level fluctuations or have no outlet
capable of keeping the lake level at or below a level three feet above the
ordinary high water level, local controls may require structures to be placed
higher.
(2) For rivers and streams,
by placing the lowest floor at least three feet above the flood of record, if
data are available. If data are not available, by placing the lowest floor at
least three feet above the ordinary high water level, or by conducting a
technical evaluation to determine effects of proposed construction upon flood
stages and flood flows and to establish the flood protection elevation. Under
all three approaches, technical evaluations must be done consistent with parts
6120.5000 to 6120.6200 governing the management of flood plain areas. If more
than one approach is used, the highest flood protection elevation determined
must be used for placing structures and other facilities.
(3) Water-oriented accessory structures may
have the lowest floor placed lower than the elevation determined in this
subpart if the structure is constructed of flood-resistant materials to the
elevation, electrical and mechanical equipment is placed above the elevation
and, if long duration flooding is anticipated, the structure is built to
withstand ice action and wind-driven waves and debris.
C. Bluff impact zones. Structures and
accessory facilities, except stairways and landings, must not be placed within
bluff impact zones.
D. Steep
slopes. Local government officials must evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or
other improvements on steep slopes. When determined necessary, conditions must
be attached to issued permits to prevent erosion and to preserve existing
vegetation screening of structures, vehicles, and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on
vegetation.
E. Proximity to
unplatted cemeteries and significant historic sites. No structure may be placed
nearer than 50 feet from the boundary of an unplatted cemetery protected under
Minnesota Statutes, section
307.08,
unless necessary approval is obtained from the Minnesota State Archaeologist's
Office. No structure may be placed on a significant historic site in a manner
that affects the values of the site unless adequate information about the site
has been removed and documented in a public repository.
F. Proximity to roads and highways. No
structure may be placed nearer than 50 feet from the right-of-way line of any
federal, state, or county highway; or 20 feet from the right-of-way line of any
town road, public street, or others not classified.
G. Height. All structures in residential
districts in cities, except churches and nonresidential agricultural
structures, must not exceed 25 feet in height.
H. Accessory structures and facilities. All
accessory structures and facilities, except those that are water-oriented, must
meet or exceed structure setback standards. If allowed by local government
controls, each residential lot may have one water-oriented accessory structure
or facility located closer to public waters than the structure setback if all
of the following standards are met:
(1) The
structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached decks
must not exceed eight feet above grade at any point.
(2) The setback of the structure or facility
from the ordinary high water level must be at least ten feet.
(3) The structure or facility must be treated
to reduce visibility as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means acceptable to
the local unit of government, assuming summer, leaf-on conditions.
(4) The roof may be used as a deck with
safety rails, but must not be enclosed or used as a storage area.
(5) The structure or facility must not be
designed or used for human habitation and must not contain water supply or
sewage treatment facilities.
(6) As
an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage of related boating and water-oriented sporting
equipment, may occupy an area up to 400 square feet provided the maximum width
of the structure is 20 feet as measured parallel to the configuration of the
shoreline.
(7) Any accessory
structures or facilities not meeting the above criteria, or any additional
accessory structures or facilities must meet or exceed structure setback
standards.
I. Stairways,
lifts, and landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep
slopes to shore areas. Stairways and lifts must meet the following design
requirements:
(1) Stairways and lifts must
not exceed four feet in width on residential lots. Wider stairways may be used
for commercial properties, public open-space recreational properties, and
planned unit developments.
(2)
Landings for stairways and lifts on residential lots must not exceed 32 square
feet in area. Landings larger than 32 square feet may be used for commercial
properties, public open-space recreational properties, and planned unit
developments.
(3) Canopies or roofs
are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts, and landings may be
either constructed above the ground on posts or pilings, or placed into the
ground, provided they are designed and built in a manner that ensures control
of soil erosion.
(5) Stairways,
lifts, and landings must be located in the most visually inconspicuous portions
of lots, as viewed from the surface of the public water assuming summer,
leaf-on conditions, whenever practical.
(6) Facilities such as ramps, lifts, or
mobility paths for persons with physical disabilities are also allowed for
achieving access to shore areas, provided that the dimensional and performance
standards of subitems (1) to (5) are complied with in addition to the
requirements of chapter 1341.
J. Decks. Except as provided in item H, decks
must meet the structure setback standards. Decks that do not meet setback
requirements from public waters may be allowed without a variance to be added
to structures existing on the date the shoreland structure setbacks were
established by ordinance, if all of the following criteria and standards are
met:
(1) a thorough evaluation of the
property and structure reveals no reasonable location for a deck meeting or
exceeding the existing ordinary high water level setback of the
structure;
(2) the deck
encroachment toward the ordinary high water level does not exceed 15 percent of
the existing shoreline setback of the structure from the ordinary high water
level or does not encroach closer than 30 feet, whichever is more restrictive;
and
(3) the deck is constructed
primarily of wood, and is not roofed or screened.
Subp. 4.
Shoreland
alterations.
Vegetative alterations and excavations or grading and filling
necessary for the construction of structures and sewage treatment systems under
validly issued permits for these facilities are exempt from the vegetative
alteration standards in this subpart and separate permit requirements for
grading and filling. However, the grading and filling conditions of this
subpart must be met for issuance of permits for structures and sewage treatment
systems. Alterations of vegetation and topography must be controlled by local
governments to prevent erosion into public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat. Public roads and parking areas, as regulated
by subpart 5, are exempt from the provisions of this part.
A. Removal or alterations of vegetation,
except for forest management or agricultural uses as provided for in subparts 7
and 8, is allowed according to the following standards:
(1) Intensive vegetation clearing within the
shore and bluff impact zones and on steep slopes is not allowed. Intensive
vegetation clearing outside of these areas is allowed if the activity is
consistent with the forest management standards in subpart 8.
(2) Limited clearing of trees and shrubs and
cutting, pruning, and trimming of trees to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock watering areas,
beach and watercraft access areas, and permitted water-oriented accessory
structures or facilities, as well as providing a view to the water from the
principal dwelling site, in shore and bluff impact zones and on steep slopes is
allowed, provided that:
(a) the screening of
structures, vehicles, or other facilities as viewed from the water, assuming
summer, leaf-on conditions, is not substantially reduced;
(b) along rivers, existing shading of water
surfaces is preserved; and
(c) the
above provisions are not applicable to the removal of trees, limbs, or branches
that are dead, diseased, or pose safety hazards.
(3) Use of fertilizer and pesticides in the
shoreland management district must be done in such a way as to minimize runoff
into the shore impact zone or public water by the use of earth, vegetation, or
both.
B. Before grading
or filling on steep slopes or within shore or bluff impact zones involving the
movement of more than ten cubic yards of material or anywhere else in a
shoreland area involving movement of more than 50 cubic yards of material, it
must be established by local official permit issuance that all of the following
conditions will be met. The following conditions must also be considered during
subdivision, variance, building permit, and other conditional use permit
reviews.
(1) Before authorizing any grading
or filling activity in any type 2, 3, 4, 5, 6, 7, or 8 wetland, local officials
must consider how extensively the proposed activity would affect the following
functional qualities of the wetland:
(a)
sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or
reduce flood damage;
(c) fish and
wildlife habitat;
(d) recreational
use;
(e) shoreline or bank
stabilization; or
(f)
noteworthiness, including special qualities such as historic significance,
critical habitat for endangered plants and animals, or others.
This evaluation must also include a determination of whether
the wetland alteration being proposed requires permits, reviews, or approvals
by other local, state, or federal agencies such as a watershed district, the
Minnesota Department of Natural Resources, or the United States Army Corps of
Engineers.
(2)
Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time
possible.
(3) Mulches or similar
materials must be used, where necessary, for temporary bare soil coverage, and
a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to
trap sediments before they reach any surface water feature must be
used.
(5) Altered areas must be
stabilized to acceptable erosion control standards consistent with the field
office technical guides of the local soil and water conservation districts and
the United States Soil Conservation Service.
(6) Fill or excavated material must not be
placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material
on steep slopes must be reviewed by qualified professionals for continued slope
stability and must not create finished slopes of 30 percent or
greater.
(8) Fill or excavated
material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high
water level of public waters must first be authorized by the commissioner under
Minnesota Statutes, sections
103G.245
and
103G.405.
(10) Alterations of topography must only be
allowed if they are accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties.
(11) Placement of natural rock riprap,
including associated grading of the shoreline and placement of a filter
blanket, is permitted if the finished slope does not exceed three feet
horizontal to one foot vertical, the landward extent of the riprap is within
ten feet of the ordinary high water level, and the height of the riprap above
the ordinary high water level does not exceed three feet.
C. Connections to public waters. Excavations
where the intended purpose is connection to a public water, such as boat slips,
canals, lagoons, and harbors, must be controlled by local shoreland controls.
Permission for excavations may be given only after the commissioner has
approved the proposed connection to public waters.
Subp. 5.
Placement and design of roads,
driveways, and parking areas.
Public and private roads, driveways, and parking areas must
be designed to take advantage of natural vegetation and topography to achieve
maximum screening from view from public waters. They must be designed and
constructed to minimize and control erosion to public waters consistent with
the field office technical guides of the local soil and water conservation
district, or other applicable technical materials.
A. Roads, driveways, and parking areas must
meet structure setbacks and must not be placed within bluff and shore impact
zones, when other reasonable and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these areas, and must be designed
to minimize adverse impacts.
B.
Public and private watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this subpart are met. For private
facilities, the grading and filling provisions of subpart 4, item B, must also
be met.
Subp. 6.
[Repealed, 13 SR 3029]
Subp. 7.
Agricultural use standards.
The agricultural use standards for shoreland areas are
contained in items A, B, C, and D.
A.
The shore impact zone for parcels with permitted agricultural land uses is
equal to a line parallel to and 50 feet from the ordinary high water
level.
B. General cultivation
farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild
crop harvesting are permitted uses if steep slopes and shore and bluff impact
zones are maintained in permanent vegetation or operated under an approved
conservation plan (Resource Management Systems) consistent with the field
office technical guides of the local soil and water conservation districts or
the United States Soil Conservation Service.
C. Animal feedlots as defined by the
Minnesota Pollution Control Agency, where allowed by zoning district
designations, must be reviewed as conditional uses and must meet the following
standards:
(1) New feedlots must not be
located in the shoreland of watercourses or in bluff impact zones and must meet
a minimum setback of 300 feet from the ordinary high water level of all public
waters basins.
(2) Modifications or
expansions to existing feedlots that are located within 300 feet of the
ordinary high water level or within a bluff impact zone are allowed if they do
not further encroach into the existing ordinary high water level setback or
encroach on bluff impact zones.
(3)
A certificate of compliance, interim permit, or animal feedlot permit, when
required by parts 7020.0100 to 7020.1800, must be obtained by the owner or
operator of an animal feedlot.
D. Use of fertilizer, pesticides, or animal
wastes within shorelands must be done in such a way as to minimize impact on
the shore impact zone or public water by proper application or use of earth or
vegetation.
Subp. 8.
Forest management standards.
The harvesting of timber and associated reforestation or
conversion of forested use to a nonforested use must be conducted consistent
with the following standards:
A.
Timber harvesting and associated reforestation must be conducted consistent
with the provisions of the Minnesota Nonpoint Source Pollution
Assessment-Forestry and the provisions of Water Quality in Forest Management
"Best Management Practices in Minnesota."
B. If allowed by local governments, forest
land conversion to another use requires issuance of a conditional use permit
and adherence to the following standards:
(1)
shore and bluff impact zones must not be intensively cleared of vegetation;
and
(2) an erosion and sediment
control plan is developed and approved by the local soil and water conservation
district before issuance of a conditional use permit for the
conversion.
C. Use of
fertilizer, pesticides, or animal wastes within shorelands must be done in such
a way as to minimize impact on the shore impact zone or public water by proper
application or use of earth or vegetation.
Subp. 9.
Extractive use
standards.
Processing machinery must be located consistent with setback
standards for structures from ordinary high water levels of public waters and
from bluffs.
An extractive use site development and restoration plan must
be developed, approved by the local government, and followed over the course of
operation of the site. The plan must address dust, noise, possible pollutant
discharges, hours and duration of operation, and anticipated vegetation and
topographic alterations. It must also identify actions to be taken during
operation to mitigate adverse environmental impacts, particularly erosion, and
must clearly explain how the site will be rehabilitated after extractive
activities end.
Subp. 10.
Standards for commercial, industrial, public, and semipublic uses.
Surface water-oriented commercial uses and industrial,
public, or semipublic uses with similar needs to have access to and use of
public waters may be located on parcels or lots with frontage on public waters.
Uses without water-oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level
setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions. Those with water-oriented
needs must meet the following standards:
A. In addition to meeting impervious coverage
limits, setbacks, and other zoning standards presented elsewhere in parts
6120.2500 to 6120.3900, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures.
B. Uses that require short-term watercraft
mooring for patrons must centralize these facilities and design them to avoid
obstructions of navigation and to be the minimum size necessary to meet the
need.
C. Uses that depend on
patrons arriving by watercraft may use signs and lighting to convey needed
information to the public, subject to the following general standards:
(1) No advertising signs or supporting
facilities for signs may be placed in or upon public waters. Signs conveying
information or safety messages may be placed in or on public waters by a public
authority or under a permit issued by the county sheriff.
(2) Signs may be placed, when necessary,
within the shore impact zone if they are designed and sized to be the minimum
necessary to convey needed information. They must only convey the location and
name of the establishment and the general types of goods or services available.
The signs must not contain other detailed information such as product brands
and prices, must not be located higher than ten feet above the ground, and must
not exceed 32 square feet in size. If illuminated by artificial lights, the
lights must be shielded or directed to prevent illumination out across public
waters.
(3) Other outside lighting
may be located within the shore impact zone or over public waters if it is used
primarily to illuminate potential safety hazards and is shielded or otherwise
directed to prevent direct illumination out across public waters. This does not
preclude use of navigational lights.
Subp. 11.
Storm water
management.
Local governments must consider proper storm water management
in all reviews, approvals, and permit issuances under shoreland management
controls adopted under parts 6120.2500 to 6120.3900. The following general and
specific standards must be incorporated into local government shoreland
management controls and their administration.
A. The following are general standards:
(1) When possible, existing natural
drainageways, wetlands, and vegetated soil surfaces must be used to convey,
store, filter, and retain storm water runoff before discharge to public
waters.
(2) Development must be
planned and conducted in a manner that will minimize the extent of disturbed
areas, runoff velocities, erosion potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized and protected as soon as possible
and facilities or methods used to retain sediment on the site.
(3) When development density, topographic
features, and soil and vegetation conditions are not sufficient to adequately
handle storm water runoff using natural features and vegetation, various types
of constructed facilities such as diversions, settling basins, skimming
devices, dikes, waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than buried
pipes and human-made materials and facilities.
B. The following are specific standards:
(1) Impervious surface coverage of lots must
not exceed 25 percent of the lot area.
(2) When constructed facilities are used for
storm water management, they must be designed and installed consistent with the
field office technical guide of the local soil and water conservation
districts.
(3) New constructed
storm water outfalls to public waters must provide for filtering or settling of
suspended solids and skimming of surface debris before discharge.
Subp. 12.
Mining
of metallic minerals and peat, as defined by Minnesota Statutes, sections 9344
to 9351.
Mining of metallic minerals and peat shall be a permitted use
provided the provisions of Minnesota Statutes, sections
93.44 to
93.51,
are satisfied.
Statutory Authority: MS s 16B.59 to 16B.75;
103F.211;
105.485;
326B.101 to
326B.194;
115.03
