Minnesota's Shoreland Rules Update Project (merger of M.R. 6105 by rxv18612

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									Minnesota’s Shoreland Rules Update Project (merger of M.R. 6105 & 6120)
Comparison of Existing and Proposed Wild & Scenic River Rules*
* This is a summary of existing and proposed rules pertaining specifically to Minnesota’s Wild
and Scenic Rivers Program. For complete regulations and provisions, consult the existing rules
(M.R. 6105.0010 to 6105.0250) and the proposed preliminary draft dated April 20, 2009. The
preliminary draft includes the statewide standards and criteria of the Wild & Scenic Rivers
Program to provide a conceptual framework for the potential rule merger. Individual river
rules/management plans will be incorporated at a later date.

The following acronyms are used in the table:
         AAL:           Alternative Access Lot                               CAL:               Controlled Access Lot
         CUP:           Conditional Use Permit                               ISC:               Impervious Surface Coverage
         IUP:           Interim Use Permit                                   LGU:               Local Government Unit
         OHWL:          Ordinary High Water Level                            PCD:               Planned Cluster Development
         PUD:           Planned Unit Development
         RR:            Recreational River
         SR:            Scenic River
         WR:            Wild River
         WSR:           Wild, Scenic, and Recreational

      ATTRIBUTE                EXISTING M.R. 6105                      PROPOSITION                           RATIONALE

Policy                     Preserve and protect the             No change.
                           outstanding scenic,
                           recreational, natural, historical,
                           and scientific values of certain
                           Minnesota rivers and their
                           adjacent lands per the Wild &
See 6105.0010              Scenic Rivers Act of 1973.


Purpose                    Provide minimum statewide            No change.
                           requirements for the selection,
                           classification, management,
                           and control of wild, scenic, and
                           recreational rivers and their
See 6105.0020              land use districts.


Scope                      Minimum statewide standards          No change.
                           shall pertain to public waters
                           and to public and private lands
                           within the land use
                           districts/shorelands defined in
                           the management plan for each
See 6105.0030              designated river.


Definitions                28 terms defined.                    91 terms defined.                    Maintain definitions specific to
                                                                                                     WSR rivers, eliminate
                                                                                                     inconsistent and duplicative
                                                                                                     terms and definitions, and add
                                                                                                     new definitions for clarity in
See 6105.0040                                                                                        implementation statewide.


Severability               The provisions of these rules        No longer referenced in rule.        Unnecessary and redundant
                           are severable and the invalidity                                          to include in state rules.
                           of any part thereof shall not
See 6105.0050              make void any other part.


Eligibility &              3 river classes:                     No change.
                           Wild River (WR)
Classification             Scenic River (SR)                    Note: The preliminary draft
                           Recreational River (RR)              includes additional river classes
See 6105.0060                                                   not applicable to WSR rivers.




April 2009 – PRELIMINARY DRAFT                                                                                       1
Overlapping                 WSR river standards apply           No fundamental change except          Eliminate confusion about
                            within the land use district        to clarify that in situations where   which standards apply when
Shoreland                   boundaries of designated            WSR river classes overlap with        WSR rivers connect with or
Classifications             rivers. Legal descriptions for      other shoreland classifications       are located close to other
                            these boundaries are contained      due to the close proximity of         public waters.
                            in the individual rules/            public waters, the legal
                            management plan for each            descriptions of WSR river district
                            river.                              boundaries shall be used to
                                                                determine which shoreland
                                                                standards apply.

Procedure for               The commissioner has the            No change.
                            authority to designate rivers for
Designating Rivers          inclusion in the WSR program
                            upon completing a
                            management plan. The
                            management plan must include
                            the proposed classification of
                            the river/river segments, the
                            proposed land use district
                            boundaries (not to exceed 320
                            acres per each mile of river on
                            both sides of the river),
                            proposed methods for
                            preserving the river and its
                            adjacent lands, proposed
                            regulations for land use control,
                            proposed water surface
                            regulations (if any), proposed
                            recreational management plan,
                            and proposed plan for
                            administration. The river is
                            designated by promulgating the
                            management plan into rules.
See 6105.0070
Land Use Districts          3 land use districts:               No change.                            Simplify administration by
                            Wild                                                                      having only one fundamental
                            Scenic                              Note: One fundamental                 overlay district, and maintain
                            Recreational                        shoreland overlay district            the current protections for
                                                                regulates land in compliance          WSR river classes.
                                                                with the applicable WSR river
                                                                class (as opposed to having
                                                                separate land use districts for
                                                                each class).
See 6105.0080 - .0090
Land Use Table              Currently, the WSR rules            No change, except that                Temporary docks need not be
                            contain a land use table that       “temporary docks” has been            covered in the land use table
(Permitted &                specifies permitted, conditional,   removed from the table.               because the DNR already
Conditionally               and non-permitted uses for                                                requires permits for any
                            each river class.                                                         structure or activity below the
Permitted Uses)                                                                                       OWHL. Local land use
                                                                                                      controls regulate activities and
See 6105.0100                                                                                         uses above the OHWL.


Nonconforming and           The WSR rules currently             Nonconforming uses and                Reducing nonconformity
                            distinguish between                 substandard uses are now              continues to be a desired
Substandard Uses            nonconforming uses (non-            referred to as nonconformities        outcome. Mitigating the
                            permitted uses) and                 consistent with current               consequences of
                            substandard uses (permitted         terminology in statutes.              nonconforming structure
                            uses that do not meet                                                     setbacks to protect water
                            dimensional standards).             All nonconformities must be           quality is a reasonable
                                                                managed according to current          requirement.
                            LGUs may adopt provisions to        applicable state statutes and
                            regulate and control, reduce the    local controls. LGUs must
                            number or extent of, or             mitigate impacts on a property
                            gradually eliminate                 with a structure not meeting the
                            nonconforming uses. LGUs            required OWHL setbacks to
                            must provide for the gradual        public waters, or any increase in
                            elimination of sewage treatment     nonconformity with the
                            systems inconsistent with           applicable structure setback.
(Continued on next page.)   current shoreland requirements
                            (6120.1300) within five years of

April 2009 – PRELIMINARY DRAFT                                                                                        2
                      enacting a WSR ordinance.            Amortization of substandard          Amortization of substandard
                      Substandard uses, except for         signs is not required.               signs is no longer legal.
                      substandard signs, shall be
                      allowed to continue subject to
                      the following provisions:
                      1) any structural alteration or
                      addition to a substandard use
                      which will increase the
                      substandard dimensions shall
                      not be allowed, and
                      2) LGUs must gradually
See 6105.0100         amortize substandard signs.


Substandard Lots      Substandard lots of record are       Substandard lots of record are       Address negative impacts to
                      currently allowed as building        now referred to as                   water quality and provide
                      sites provided the use is            nonconforming lots of record         greater protection of WSR
                      consistent with the local            consistent with current              rivers by providing additional
                      ordinance and sanitary               terminology in statutes. The         standards for ISC, consistency
                      provisions, and zoning               requirements for building have       with comprehensive plan, and
                      dimension provisions are             not changed, but requirements        mitigation.
                      complied with to the greatest        have been added that ISC shall
                      extent possible. If, in a group of   not exceed 25%, the lot must be      ‘Grandfathering’ in existing
                      two or more contiguous lots          75% or more of the dimensional       conforming development
                      under the same ownership, any        standard for lot width and lot       minimizes burdens to citizens
                      individual lot does not meet the     size, development of the lot         and local governments.
                      lot size requirements, the lot       must be consistent with the
                      must not be considered as a          comprehensive plan, and
                      separate parcel of land for the      appropriate mitigation measures
                      purposes of sale or                  must be implemented. Note:
                      development, but must be             This part is subject to change
                      combined with adjacent lots          per recent legislation.
                      under the same ownership so
                      that the combination of lots will    Lots created compliant with
                      equal one or more parcels of         official controls that met or
                      land each meeting the lot width      exceeded past state standards
                      requirements of the local            for lot size can continue to be
                      ordinance, or to the greatest        built on.
See 6105.0110         extent practicable.


Lot Size (New Lots)   Lot Area:                            No change, except for greater        Maintain current WSR lot
                                             2
                      RR – 2 acres (87,120 ft )            emphasis on land suitability.        requirements, and provide for
                                               2
                      SR – 4 acres (174,240 ft )                                                the “buildable area concept”,
                                                2
                      WR – 6 acres (261,360 ft )                                                which recognizes that
                                                                                                marginal lands are now being
                      Lot Width:                                                                developed, and that standards
                      RR – 200 feet                                                             must be established to ensure
                      SR – 250 feet                                                             that adequate space exists for
                      WR – 300 feet                                                             proposed and future
See 6105.0110                                                                                   development.

Density               Density is limited to one            No change to the number of           Maintain current WSR density
                      dwelling unit per lot. No            dwelling units per lot.              requirements and provide
                      duplexes or multi-family                                                  clarity on how to calculate lot
                      residential uses are allowed.        Development density is               density.
                                                           calculated by dividing the project
                      No provisions for calculating        area by the residential lot size
See 6105.0110         development density.                 for the river classification.


Structure Setbacks    RR – 100 feet                        No change.
                      SR – 150 feet
from OHWL             WR – 200 feet

                      Tributaries designated in
                      management plans – 100 feet
See 6105.0110




April 2009 – PRELIMINARY DRAFT                                                                                  3
Structure Setbacks          RR – 20 feet                          One standard setback of 30 feet      Simplify administration with
                            SR – 30 feet                          from the top of the bluff.           one standard bluff setback,
from Bluffline              WR – 40 feet                                                               while maintaining the current
                                                                  Setbacks are measured from the       level of protection.
                            Setbacks are measured from            top of the bluff. Bluff is defined
                            the bluffline. Bluffline is defined   as a topographic feature with a      Designated wild river
                            as the line across the top of         rise of at least 25 feet from the    segments currently only abut
                            slopes > 13%.                         OHWL or toe of the bluff and an      public land, so a 10-foot
                                                                  average slope of >30%.               setback reduction would not
                                                                                                       affect these river segments.
                                                                  Additionally, structures cannot
                                                                  be placed in the bluff impact        Although the definitions and
                                                                  zone (which includes a bluff and     bluff measurements have
                                                                  land within 20’ of a bluff).         changed, most slopes abutting
                                                                                                       WSR rivers meet the new bluff
See 6105.0110                                                                                          definition.


Placement of                Structures shall not be placed        Structures shall not be placed       Protect steep slopes and
                            on slopes greater than 13%            on slopes greater than 18%.          reduce erosion by restricting
Structures on Steep         unless the structure can be                                                the placement of any structure
Slopes                      screened and sewage disposal                                               or sewage disposal system on
                            systems can be installed.                                                  these slopes. There is
                                                                                                       currently no such restriction if
                                                                                                       a structure can be screened
                                                                                                       and a sewage disposal system
                                                                                                       can be installed.
See 6105.0110
Structure Height            All structures, except churches       No change.
                            and nonresidential agricultural
                            structures, must not exceed 35
See 6105.0110               feet in height.


Sanitary Standards          Sewage system setbacks:               No change to setbacks.               Maintain more stringent WSR
                            RR – 75                                                                    setback requirements and
                            SR – 100                              All subsurface sewage treatment      ensure compliance with
                            WR - 150                              systems must meet or exceed          current sanitary regulations for
                                                                  current Minnesota Rules and          design and maintenance.
                            Tributaries designated in             any applicable local standards.
                            management plans – 75 feet
                                                                  LGUs shall require a valid
                            Currently, the WSR rules              certificate of compliance for the
                            reference the Shoreland rules         subsurface sewage treatment
                            for design and maintenance            system with conveyance of the
                            standards.                            lot or issuance of a permit or
See 6105.0120                                                     variance.


Watershed                   Watershed management and              No fundamental change;               Not necessary and redundant
                            flood control structures require      however, permit requirements         to include permit requirements
Management and              a permit per statutes.                for these structures are no          in rule since it is covered in
Flood Control                                                     longer referenced in rule.           statute.

Structures
See 6105.0130
Subdivision Options         Conventional lot and block            No change, except to clarify that    Maintain current WSR options
                            subdivisions and planned              the only type of PCD/PUD             while adding clarity on site
                            cluster developments (PCDs)           allowed on WSR rivers are            design.
                            are the only types of                 shoreland conservation
                            subdivisions allowed on WSR           subdivisions. No other types of
                            rivers.                               PUDs or public values-driven
See 6105.0140                                                     collaborative development are
                                                                  allowed.
Conventional Lot            Conventional subdivisions are         No change in lot size                Maintain current WSR
                            allowed provided lot size and         requirements or land suitability     dimensional standards, and
and Block                   land suitability requirements are     standards; however, new open         provide incentives and
Subdivisions                met.                                  space and ISC standards are          disincentives to promote the
                                                                  provided.                            use of shoreland conservation
                                                                                                       subdivisions (see below).
                                                                  Conventional subdivisions must
(Continued on next page.)
                                                                  preserve 25% of the project area
                                                                  as open space, which can be

April 2009 – PRELIMINARY DRAFT                                                                                         4
                                                                met by one or a combination of
                                                                the following methods: (1)
                                                                Permanently preserve at least
                                                                25% of the project area, (2)
                                                                expand lots by 1.25 times of the
                                                                minimum lot width and area, (3)
                                                                land dedication or land
                                                                preservation agreements of
                                                                riparian areas, and (4) for lot
                                                                splits, protect riparian areas.

                                                                Additionally, the ISC for lots
                                                                must not exceed 15% of lot
                                                                area, and stormwater
                                                                management must meet or
                                                                exceed the specific standards.

See 6105.0140
Planned Cluster             Planned cluster developments        No change, except in                    Maintain current WSR
                            (PCDs) are currently the only       terminology - planned cluster           standards for clustered
Development/                alternative to conventional lot     developments are addressed as           development while providing
Shoreland                   and block subdivisions currently    shoreland conservation                  more specific design
                            allowed.                            subdivisions.                           guidelines, and incentives for
Conservation                                                                                            permanently protecting
Subdivisions                No specific standards exist for     Specific standards and                  riparian areas.
                            density/lot size, site design, or   guidelines are provided to aid in
                            open space, except that PCDs        evaluating land suitability;            These provisions are needed
                            may have smaller lot sizes,         determining lot sizes; calculating      to address the shortcomings
                            must have compliant central         density; and identifying,               of conventional subdivisions
                            sewage facilities, must preserve    preserving, and managing open           and to promote developments
                            open space, and cannot have         space. These standards include:         that are less expensive to
                            more than one centralized boat      - Use of two tiers. Lots in the         developers, more desired by
                            launching facility for each         first tier must not extend into the     potential buyers, and that offer
                            cluster.                            shore impact zone (SIZ),                greater protection and
                                                                - Average lot size cannot exceed        conservation of natural
                                                                20,000 square feet,                     resources in shorelands by
                                                                - Density incentives up to a 33%        preserving open space for
                                                                bonus increase are provided for         recreational use, wildlife, and
                                                                protecting riparian areas,              riparian buffers to protect
                                                                - 50% of the project area must          water quality.
                                                                be preserved and managed as
                                                                open space, and
See 6105.0140                                                   - Flexibility in lot size is allowed.

Vegetative Cutting/         Within the required structure       No change, except that                  Maintain current WSR
                            setbacks from the OHWL and          additional shoreline and bluff          standards, while addressing
Buffers                     bluffline, clear cutting is         impact zone buffer requirements         current problems with the
                            prohibited and selective cutting    must also be met. A vegetative          conversion of forest shoreline
                            is permitted provided that          buffer of trees, shrubs, and            to ‘lawn-to-water’ shoreline,
                            cutting is spaced in several        ground cover in a natural state is      which results in more
                            cutting operations and a            required in shore and bluff             phosphorus entering the
                            continuous tree cover is            impact zones and on very steep          water. Vegetation is critical for
                            maintained, uninterrupted by        slopes (>25%).                          reducing pollutant runoff and
                            large openings. Clear cutting                                               providing wildlife habitat.
                            anywhere else in WSR land use       Local governments must
                            districts is not allowed where      implement incentive, marketing
                            soil, slope, or other watershed     or educational programs to
                            conditions are fragile and          encourage existing riparian
                            subject to injury.                  property owners to protect or
See 6105.0150                                                   restore natural buffers.


Grading and Filling         Grading and filling in of the       No change, except to provide            Provide more detailed
                            natural topography which is not     more specific standards for             standards for erosion control
                            accessory to a permitted or         erosion control, stormwater             and stormwater management
                            conditional use is prohibited.      management, and rock rip rap.           for all land disturbing activities,
                            Where grading and filling in is                                             and provide standards for rock
                            accessory to a permitted or         The rules also reference other          rip rap and retaining walls,
                            conditional use shall be            existing state rules for                which have become
                            performed in a manner that          construction activities that result     increasingly popular in the
                            minimizes earth moving,             in land disturbance of equal to or      past 30 years.
(Continued on next page.)
                            erosion, tree clearing, and the     greater than 1 acre, and to
                            destruction of natural amenities.   provide additional standards for

April 2009 – PRELIMINARY DRAFT                                                                                           5
                            Draining or filling of wetlands is    erosion and sediment control for
                            prohibited.                           any land disturbing activity
                                                                  which disturbs a total land
                            No current provisions for rock        surface area of 3,000 square
                            rip rap or retaining walls.           feet or more.

                                                                  Excavations of more than 250
                                                                  square feet or placement of
                                                                                   3
                                                                  more than 10 yd of material
                                                                  within shore impact zone shall
                                                                  only be permitted provided that
                                                                  a plan for erosion control,
                                                                  stormwater management, and
                                                                  shoreline buffer restoration is
                                                                  approved by the LGU and
                                                                  effectively implemented.

                                                                  Fill, excavations, grading, and
                                                                  other land disturbing activities
                                                                  shall be prohibited in bluff
                                                                  impact zones. Construction and
                                                                  land disturbing activities shall
                                                                  avoid wetlands.

                                                                  Rock riprap and retaining walls
                                                                  are only allowed for the
                                                                  correction of an established
                                                                  erosion problem that cannot be
                                                                  controlled through the use of
                                                                  vegetation, slope stabilization
                                                                  using mulch, biomat, or similar
                                                                  bioengineered means. Riprap
                                                                  and retaining walls used for
                                                                  ornamental purposes or for
                                                                  terracing natural slopes shall be
                                                                  prohibited within the shore and
                                                                  bluff impact zones. A permit
                                                                  shall be required for rock riprap
                                                                  that addresses a verified erosion
                                                                  problem that cannot be
                                                                  controlled through the use of
                                                                  other means. Placement of
                                                                  sand, riprap, and retaining walls
                                                                  associated with the OHWL shall
                                                                  comply with DNR regulations.
See 6105.0160
Utility Transmission        Utility transmission crossings        No change.
                            require conditional use permits
Crossings                   in all WSR land use districts
                            and are subject to design
See 6105.0170 - .0180       standards.


Roads, Driveways,           Private roads and minor public        No change to permit                 Maintain current WSR road
                            streets are permitted in all WSR      requirements or route design        permit requirements and road
and Parking Lots            land use districts. Public roads      standards for roads. All roads,     standards, and provide clear
                            are conditionally permitted in all    driveways, and parking areas        standards for parking areas,
                            districts. All roads are subject to   must meet structure setbacks        driveways, and public
                            standards and criteria for route      and must not be placed within       watercraft access facilities to
                            design to avoid steep slopes,         bluff and shore impact zones,       reduce runoff from impervious
                            sensitive areas, and scenic           when other reasonable and           parking and driving surfaces
                            intrusion. River crossings            feasible placement alternatives     reaching public waters. This
                            require a permit from the             exist. If no alternatives exist,    runoff carries pollutants such
                            commissioner.                         they may be placed within these     as oil, dissolved metals,
                                                                  areas, but must be designed to      suspended solids, and
                            Roads do not currently have to        minimize adverse impacts.           nutrients. Reducing the
                            meet structure setbacks, but                                              amount of runoff and providing
                            are encouraged to avoid areas         Other additional provisions         for infiltration into the ground
                            within 200 feet of rivers and 100     include reducing road widths on     reduces the adverse impacts
                            feet of tributaries.                  low-volume private roads and        of this runoff.
                                                                  driveways, and requiring the
(Continued on next page.)
                            No current provisions for             management of stormwater
                            parking areas, driveways, and         runoff from parking areas with

April 2009 – PRELIMINARY DRAFT                                                                                        6
                            public watercraft access             10 or more spaces or in excess
                            facilities.                          of 3000 square feet. If the runoff
                                                                 reduction standard is not
                                                                 physically possible due to the
                                                                 size of the site or high ISC,
                                                                 mitigation would be required.

                                                                 For public roads and public
                                                                 watercraft access facilities,
                                                                 BMPs must be designed,
                                                                 installed and maintained to
                                                                 reduce runoff.
See 6105.0190 - .0200
Public Uses of              Restrictions exist to protect the    No change.
                            rights of private property
Lands and Waters            landowners, to ensure
                            quietude, to prohibit
                            trespassing, to prevent littering,
                            and to maintain the essential
                            quality of wild, scenic, and
                            recreational rivers and their
                            land use districts. Public use is
                            limited to public water and
See 6105.0210               public lands along WSR rivers.

Agricultural Use            Agricultural uses are permitted      A 50-foot shoreline buffer is        Provide clarity and improved
                            in all WSR land use districts,       required on parcels with             protection with standards for
                            but no standards are provided.       permitted agricultural land uses,    preserving appropriate
                                                                 with specific standards for          shoreline buffers as part of
                                                                 practices within and outside of      agricultural practices and
                                                                 the buffer area. Standards are       incorporating current PCA
                                                                 also provided for feedlots and       statutes and rules regarding
                                                                 the application of fertilizer        feedlots and the application of
                                                                 consistent with current PCA          fertilizer.
                                                                 statutes and rules. No feedlots
                                                                 are allowed in WSR districts.


Forest Management           Forestry uses are permitted in       No change, except that current       Provide clarity and improved
                            all WSR land use districts, but      forestry best management             protection by incorporating
Standards                   no standards are provided.           practices are required.              science-based standards that
                                                                                                      have been developed by the
                                                                                                      forest industry to promote
                                                                                                      water quality and riparian
                                                                                                      habitat protection.


Implementation of           Adoption of proposed                 No change.
                            management plans or
Management Plans            amendments of local
                            ordinances to comply with the
                            management plan shall be
                            carried out pursuant to the
                            procedures in statute.
See 6105.0220
Ordinances and              The commissioner must certify        No change.
                            ordinances and ordinance
Ordinance                   amendments (including
Amendments                  rezoning requests).

See 6105.0230
Conditional Use             LGUs are required to notify the      No change to notification            Timeframes for WSR river
                            commissioner of CUP                  requirements, except that            notification requirements
Permits (CUPs)              applications 30 days prior to the    applications must be sent 10         would be consistent with
                            hearing or issuance of the           days prior to hearing or issuance    shoreland timeframes for
                            permit, and send copies of CUP       rather than 30 days.                 easier administration.
                            decisions within 10 days of the
                            decision. Commissioner is not        Where evaluation and                 Mitigation, such as rainwater
                            required to take any action.         assessment determine the need        management that is
(Continued on next page.)                                        for additional environmental         proportional to the impact of
                            LGUs may impose conditions           protections, the issuance of any     the project, is necessary to
                            when granting CUPs.                  CUP shall include conditions for     protect water quality.
                                                                 approval and mitigation.

April 2009 – PRELIMINARY DRAFT                                                                                        7
                                                            LGUs shall not substitute a CUP
                                                            process for the variance process
                                                            in situations where a variance is
                                                            required.
See 6105.0240
Interim Use Permits     No current provisions.              LGUs are required to notify,          An IUP is a relatively new type
                                                            evaluate, assess, and place           of permit in Minnesota that is
(IUPs)                                                      conditions for mitigation on IUPs     not addressed in the current
                                                            similar to CUPs.                      WSR rules, and that has been
                                                                                                  used as a substitute for
                                                            IUPs must meet all dimensional        variances by some LGUs.
                                                            standards. LGUs shall not             Minimum standards and
                                                            substitute an IUP process for the     procedures for IUPs ensure
                                                            variance process in situations        their proper use, and provide
                                                            where a variance is required.         for evaluation and mitigation
                                                                                                  consistent with CUP
                                                                                                  requirements.

Variances               LGUs must notify the                No change to notification             Timeframes for WSR river
                        commissioner of variance            requirements, except that             notification requirements
                        applications 30 days prior to       applications must be sent 10          would be consistent with
                        hearing or meeting where            days prior to hearing or issuance     shoreland timeframes for
                        action will be taken on the         rather than 30 days.                  easier administration.
                        application, and send copies of
                        the final variance decision         Commissioner is no longer             The DNR would be notified of
                        within 10 days of the decision.     required to certify variances.        all variance decisions and
                                                                                                  could file an appeal in district
                        Commissioner is required to         No changes regarding the              court if it determined that an
                        certify variances within 30 days    criteria for granting variances,      LGU did not act in accordance
                        of receiving the decision.          which reference Minnesota             with the state rules.
                                                            Statutes 394 or 462, except that
                        The current criteria for granting   mitigation must be a condition of
                        variances in WSR districts are      variance approval.
                        similar to those in Minnesota
See 6105.0230           Statutes 394 and 462.


Plat Review             LGUs are currently required to      LGUs must notify the                  Timeframes for WSR river
                        send copies of all final plats to   commissioner of notices for           notification requirements
                        the commissioner within 10          hearings on proposed plats and        would be consistent with
                        days of approval.                   PUDs at least 10 days prior to        shoreland timeframes for
                                                            the hearing, and notify the           easier administration.
                        Preliminary plans for               commissioner within 10 days of
                        PCDs/PUDs require approval          final action. Notices of hearings     Eliminating the requirements
                        by the commissioner prior to        to consider proposed plats must       for preliminary approval for
                        enactment by the LGU.               include electronic copies of the      PCDs/PUDs and for
                                                            plats.                                certification of inconsistent
                        Plats that are inconsistent with                                          plats would simplify
                        local controls require              The commissioner is no longer         administration and provide
                        certification by the                required to review and approve        more effective means for prior
                        commissioner.                       preliminary plats for                 DNR notification and review
                                                            PCDs/PUDs, or to certify plats        on all proposed plats and
                                                            that are inconsistent with local      PCDs/PUDs consistent with
                                                            controls.                             shoreland requirements.
See 6105.0140 & .0230
Mitigation              No current provisions.              A two-track mitigation approach       Use of mitigation provides an
                                                            is provided which allows use of       additional tool to protect
                                                            professional correction of on-site    natural resource values.
                                                            conditions or use of a mitigation
                                                            system, where a property owner
                                                            may select from a suite of
                                                            corrective measures. Criteria for
                                                            a mitigation system are given for
                                                            guidance.


Water Oriented          These structures are not listed     No fundamental change, just           Eliminate confusion on
                        in the WSR land use table and       clarification that these structures   whether or not these
Accessory               are therefore not allowed.          are prohibited in WSR river           structures are allowed in WSR
Structures                                                  shorelands.                           river shorelands.




April 2009 – PRELIMINARY DRAFT                                                                                    8
Stormwater                  No current provisions.   Two options are provided. The       Stormwater runoff is
                                                     first option relies on the use of   considered a major source of
Provisions                                           impervious surface coverage         water pollution. The single
                                                     caps.                               greatest threat to Minnesota
                                                                                         lakes and rivers is unmanaged
                                                     The second option allows LGUs       or poorly managed rainwater
                                                     with technical expertise to         runoff. It is important to
                                                     manage stormwater based on          manage our rainwater to
                                                     performance standards. With         reduce pollutants and
                                                     this option, LGUs use               excessive nutrients entering
                                                     permanent stormwater                our lakes. Rainwater that does
                                                     management requirements             not infiltrate into the ground or
                                                     based on the impervious             evaporate runs down hill to
                                                     surfaces located on the project     our lakes or lake inlets. Runoff
                                                     site.                               carries pollutants, such as oil,
                                                                                         dissolved metals, pesticides,
                                                                                         suspended solids, pet waste,
                                                                                         and nutrients. However, if the
                                                                                         water infiltrates into the
                                                                                         ground, the soil and plants
                                                                                         can purify the rainwater and
                                                                                         runoff.

                                                                                         The new way of managing
                                                                                         rainwater is to get the water
                                                                                         into the ground near where it
                                                                                         falls (i.e., treatment of
                                                                                         rainwater as a resource). This
                                                                                         approach, often called low-
                                                                                         impact development (LID),
                                                                                         uses infiltration basins, rain
                                                                                         gardens, grass overflow
                                                                                         parking areas, grass swales,
                                                                                         porous or pervious pavers,
                                                                                         parking lot infiltration islands,
                                                                                         and overall less
                                                                                         imperviousness. The key
                                                                                         principle of this new way to
                                                                                         deal with rainwater is to get
                                                                                         back to infiltrating most of the
                                                                                         rainwater where it falls. This
                                                                                         approach reduces pollutants
                                                                                         and nutrients entering into our
                                                                                         lakes, thus protecting the lake
                                                                                         water quality, and it mitigates
                                                                                         the consequences of
                                                                                         increased imperviousness in a
                                                                                         watershed.


Impervious Surface          No current provisions.   For LGUs with jurisdictions that    Scientific research on the
                                                     use the option that relies on the   amount of impervious surface
Coverage (ISC)                                       use of impervious surface           coverage has found that it is a
Limits                                               coverage caps:                      key indicator of the quality of
                                                                                         water flowing into our lakes.
                                                     New residential lots – 15% (20%     Research consistently shows
                                                     with stormwater management          that as the amount of
                                                     plan and conformance with           impervious surface increases
                                                     shoreline buffer standards)         in the watershed, water quality
                                                     PUDs – 25%                          decreases. More than 12%
                                                     Residential lots of record – 25%    imperviousness has been
                                                     Commercial – 25%                    shown to consistently result in
                                                     Resort – 25% (for total project     a degradation of water quality.
                                                     area and any tier; 30% with
                                                     approved stormwater
                                                     management plan)

                                                     Only half the area covered by
                                                     porous pavers or other porous
                                                     material would be counted as
(Continued on next page.)
                                                     pervious surface if the porous
                                                     system is designed and certified

April 2009 – PRELIMINARY DRAFT                                                                           9
                                                             by a licensed engineer and best
                                                             management practices were
                                                             followed in design, installation,
                                                             and maintenance as found in the
                                                             latest Minnesota Stormwater
                                                             Manual. Local shoreland
                                                             controls must include specific
                                                             standards for use of this credit.

                                                             For LGUs with technical
                                                             expertise to manage stormwater
                                                             based on performance
                                                             standards:

                                                             Residential lots – 25%, except
                                                             for cities within areas meeting
                                                             the specific requirements (see
                                                             ‘Exceptions to Lot Size and
                                                             Density Standards’) the
                                                             impervious surface coverage
                                                             limit for non-riparian residential
                                                             lots may be the same as for the
                                                             underlying zoning district.


Controlled Access       CALs provide non-riparian            No fundamental change except         Non-riparian property owners
                        property owners within a             to clarify that CALs are             do not have the same access
Lots (CALs) and         subdivision with direct access       prohibited in WSR river              rights as riparian property
Alternative Access      to the water, while AALs             shorelands and that AALs must        owners. This change
                        provide direct access to             be used to provide access to         recognizes those differences
Lots (AALs)             riparian property owners within      riparian lot owners where direct     and limits access to
                        a subdivision. Current WSR           access is not feasible due to the    nonriparian owners while
                        river subdivision standards do       presence of protected                providing riparian owners with
                        not specifically address CALs        vegetation, wetlands, or other       access in a manner that
                        or AALs, but limit PUDs to one       critical fish or wildlife habitat.   reduces shoreline impacts in
                        centralized boat launching           Easements to nonriparian lot         order to protect sensitive
                        facility.                            owners to allow access are           shoreland features.
                        .                                    prohibited. AALs must comply
                                                             with the dimensional lot
                                                             standards for the river class.
Campgrounds and         Public and private                   No fundamental change except         Reduce confusion on the
                        campgrounds are prohibited in        to clarify that resorts are          standards that apply to
Resorts                 the wild river land use districts.   prohibited in WSR river              campgrounds and resorts in
                        Public campgrounds are               shorelands and to provide            WSR districts.
                        permitted in scenic and              standards for the replacement
                        recreational river districts.        and expansion of structures
                        Private campgrounds are              within existing resorts. Resort
                        allowed with a CUP in scenic         parcel expansion is prohibited in
                        and recreational river districts.    WSR river shorelands. Note:
                        Resorts are not listed in the        Campgrounds that meet the
                        WSR use table and are                statutory definition of “resort”
                        therefore not allowed.               must follow commercial PUD
                                                             design criteria.

Annexation              Individual management                A moratorium is required on          Provide clarity on statewide
                        plans/rules currently require        development in all designated        standards that apply in
                        that when land is annexed, the       WSR rivers until the LGU adopts      annexed areas.
                        zoning shall meet the WSR            zoning controls for the annexed
                        provisions that applied to the       land. The zoning shall meet the
                        land prior to annexation.            WSR provisions that applied to
                                                             the land prior to annexation.


Individual              Rules specific to each               Individual management plans
                        designated river – including the     have not been included in the
Management Plans        Kettle, Mississippi, North Fork      preliminary draft, but will be
                        of the Crow, Minnesota, Rum,         incorporated at a later date.
                        and Cannon - are provided in
See 6105.0600 - .1700   individual management plans.




April 2009 – PRELIMINARY DRAFT                                                                                  10

								
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