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Minnesota Rules, Chapter 6120. Page 6 of 14 <br /> Where state-approved, local flood plain management controls <br /> exist, structures must be placed at an elevation consistent with <br /> the controls. Where these controls do not exist, the elevation <br /> to which the lowest floor, including basement, is placed or <br /> flood-proofed must be determined as follows: <br /> (1) For lakes, by placing the lowest floor at a <br /> level at least three feet above the highest known water level, <br /> or three feet above the ordinary high water level, whichever is <br /> higher. In instances where lakes have a history of extreme <br /> water level fluctuations or have no outlet capable of keeping <br /> the lake level at or below a level three feet above the ordinary <br /> high water level, local controls may require structures to be <br /> placed higher. <br /> (2) For rivers and streams, by placing the lowest <br /> floor at least three feet above the flood of record, if data are <br /> available. If data are not available, by placing the lowest <br /> floor at least three feet above the ordinary high water level, <br /> or by conducting a technical evaluation to determine effects of <br /> proposed construction upon flood stages and flood flows and to <br /> establish the flood protection elevation. Under all three <br /> approaches, technical evaluations must be done consistent with <br /> parts 6120.5000 to 6120.6200 governing the management of flood <br /> plain areas. If more than one approach is used, the highest <br /> flood protection elevation determined must be used for placing <br /> structures and other facilities. <br /> (3) Water-oriented accessory structures may have <br /> the lowest floor placed lower than the elevation determined in <br /> this subpart if the structure is constructed of flood-resistant <br /> materials to the elevation, electrical and mechanical equipment <br /> is placed above the elevation and, if long duration flooding is <br /> anticipated, the structure is built to withstand ice action and <br /> wind-driven waves and debris. <br /> C. Bluff impact zones. Structures and accessory <br /> facilities, except stairways and landings, must not be placed <br /> within bluff impact zones. <br /> D. Steep slopes. Local government officials must <br /> evaluate possible soil erosion impacts and development <br /> visibility from public waters before issuing a permit for <br /> construction of sewage treatment systems, roads, driveways, <br /> structures, or other improvements on steep slopes. When <br /> determined necessary, conditions must be attached to issued <br /> permits to prevent erosion and to preserve existing vegetation <br /> screening of structures, vehicles, and other facilities as <br /> viewed from the surface of public waters, assuming summer, <br /> leaf-on vegetation. <br /> E. Proximity to unplatted cemeteries and significant <br /> historic sites. No structure may be placed nearer than 50 feet <br /> from the boundary of an unplatted cemetery protected under <br /> Minnesota Statutes, section 307.08, unless necessary approval is <br /> obtained from the Minnesota State Archaeologist's Office. No <br /> structure may be placed on a significant historic site in a <br /> manner that affects the values of the site unless adequate <br /> information about the site has been removed and documented in a <br /> public repository. <br /> http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=RULE_CHAP&year=current... 4/27/2007 <br />