Re: combining lots vs leaving as is

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6120.3300 - Minnesota Administrative Rules Page 5 of 11 � Class � � Ordinary high water Setback from top level setback(feet) 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 100 50 30 segments (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 tl�ree 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 necessaty,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. https://www.revisor.mn.gov/rules/?id=6120.3300 4/22/2014