08-09-1993 Council Packet - Laserfiche WebLink

Home Browse Search

This requirement is needed tc ensure that nonconforming « systems are upgraded by the property owners, at the time of 'permitted expansion,'remodeling or new building* This will have long term positive impacts towards the protection, improvement and preservation of shoreland area natural resources, specifically surface waters and groundwater. Finally, in conjunction with the requirements to upgrade systems through funded local programs, three specific program approaches are listed to provide guidance to local officials in meeting the rule's intent for addressing nonconforming systems. Subitems (1) and (2) are approaches that are currently being successfully implemented by some Minnesota counties with substantial lake acreage and development activity. Subitem (3) was developed by shoreland staff as an alternative approach to subitems (1) and (2). Collectively, subitems (1), (2) and (3) satisfy recommendations from statewide shore]and managers as founa in SUP 3, Issue 1, points 4 and 6. Subitem (4) is needed to provide local units of government with the flexibility to introduce creative and effective alternatives for meeting the intent of this item. For example some Minnesota counties are currently and successfully holding up the sale and transfer of shoreland properties until either the buyers or sellers agree to having the necessary actions done to bring nonconforming sewage systems into compliance with Chapter 7080 and setback requirements of this subpart. In summary, all of the above approaches are needed and reasonable in order to set guidelines for future local programs aimed at correcting existing non-conforming sewage treatment systems. 6120.3500 SUBDIVISION PROVISIONS Subp. 1. Land Suitability. The language in the current rules regarding the establishment of lots was deficient in that lots may be created on paper but may be totally unsuitable for building structure and siting on-site sewage treatment systems and recreational facilities. This provision is needed so that unsuitable lands cannot be made suitable by grading and filling. The proposed language addresses very important issues that must be considered when lots are created. The new language requires that each lot created must be suitable in its natural state, that is, with minimum vegetation alteration, grading and filling and that local units of government should consider the subdivisions susceptibility to flooding, existence of wetlands, steepness of the topography, near-shore aquatic conditions unsuitable for water-based recreation,^important fish and wildlife habitat, presence of significant historic sites or any other feature