HomeMy WebLinkAboutRe: combining lots vs leaving as is , �
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C ITY OF ORONO
� � Street Address: I Mailing Address: Telephone(952)249-4600
� Gti 2750 Keiley Parkway P.O. Box 66 Fax (952)249-4616
�l Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
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May 2, 2014
Brian Brantner
1415 Park Drive
Mound, MN 55364
Re: 1415 Park Drive
PIDs: 07-117-23-42-0017 & 0018
Brian,
The properties addressed 1415 Park Drive, consisting of two separate PIDs are located in the LR-1 B
zoning district which requires 1 acre (43,560 square feet) in size and 140' in width at the Ordinary
High Water Level (OHWL) and 75' from the OHWL. Setbacks are 10' on each side and 35' from the
rear(street) and average lakeshore setback on the lake side. The property is located in Tier 1 of the
Stormwater Quality Overlay District which allows 25% of the gross area of the lot to be covered in
hardcover. According to Hennepin County mapping system the lots are 17,890 and 17,085 square
feet, respectively.
Historically records show the two lots were required to be combined with the 1965 subdivision and
then again in 1972 when the current home was being proposed. For whatever reason, that was
never completed and the house at 1415 Park Drive was constructed over a property line. As a
result, the home is considered a non-conforming structure. After consulting with the City's legal
counsel, non-conforming structures cannot be expanded, i.e. construction of a deck would not be
allowed. No new permits can be issued for this property, only permits to allow maintenance i.e.
windows, siding, etc. As we discussed, it is unclear even if the lots were combined if a deck could
be constructed due average lakeshore setback, hardcover, potential wetlands, etc.
If the lots were combined, the property would not be allowed to be subdivided in the future as it
would result in two non-conforming lots.
If the lots remain two separate PIDs, according to the current City Code regarding Lots of Record
[section 78-72(c)(2)] and Minnesota Rules, Chapter 6210, Subpart 2a, Item F, if the existing house
was removed a home could be constructed on each lot if it met the setbacks for the LR-1 B zoning
district. A copy of the code sections are attached.
If you have any questions, please don't hesitate to contact me.
Sincerely,
OFORONO
` IY�U�
Christine Mattson
Planning Assistant
Enclosures
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. �
Sec. 78-72. Lots of record.
(a) A lot of record is any lot for which a deed or registered land survey has been recorded in the
office of the register of deeds or the registrar of titles for Hennepin County prior to January 1,
1975, and after approval by the council if required.
(b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not
within the Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR-
Lakeshore Residential districts, which does not meet the requirements of this chapter as to
area or width may be utilized for a single-family detached dwelling purpose, provided that in
the judgment of the council or administrative approval by the planning director, such use
does not adversely affect public health or safety and the following requirements are met:
(�) In R districts of one acre or less and served by public sanitary sewer. A lot of record
existing upon January 1, 1975, in any R district of the city of up to and including one
acre, which lot is serviced by public sanitary sewer and which does not meet the
requirements of this chapter as to area or width only, may be utilized for single-family
detached dwelling purposes without council approval if all other requirements of the
underlying zoning district are met, including but not limited to required yards,
setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall
not be more intensely developed unless combined with one or more abutting lots or
portions so as to create a lot meeting the requirements of this chapter.
(2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot
of record in any R or RR district in the city in excess of one acre which does not meet
the requirements of this chapter as to area or width only may be utilized for single-
family detached dwelling purposes by administrative approval if the planning director
finds that the following conditions are met:
a• It is at least one acre in size, and the average width of the lot is at least
100 feet;
b• It is served by public sanitary sewer; and
�• It otherwise meets the requirements of this chapter or other applicable
Code provisions.
�3) In R or RR districts not served by public sanitary sewer. A lot of record in any R
or RR district in the city not served by public sanitary sewer must meet the area
and width requirements of this chapter and shall not be utilized for single-family
detached dwelling purposes without council approval. Administrative approval
may be granted for a lot of record not meeting the lot area and width
requirements if the planning director finds that the following conditions are met:
a• The lot area and lot width each meet at least 50 percent of the district
standard.
b• Suitable primary and alternate septic sites are identified on the property
and are protected from future development by execution of a covenant.
�• All other zoning ordinance requirements must be met, including but not
limited to the following:
�• Setbacks.
2• Hardcover.
3• Lot coverage by structures.
4• Accessory structure requirements.
(�) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS
Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does
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, .
not meet the requirements of this chapter for lot size or lot width shall be subject to the
following regulations:
(�) A nonconforming single lot of record may be allowed as a building site without
variances from lot size and width requirements, provided that:
a• All setback requirements can be met;
b• A Type 1 sewage treatment system consistent with Minnesota Rules, chapter
7080, can be installed or the lot is connected to a public sewer; and
�• The impervious surface coverage meets all hardcover location and square
footage restrictions of this chapter and the total square footage of hardcover
does not exceed 25 percent of the entire lot area.
d• All other zoning district standards can be met.
�2) In a group of two or more contiguous lots of record under a common ownership, an
individual lot must be considered as a separate parcel of land for the purpose of sale
or development, if it meets the following requirements:
a• The lot must be at least 66 percent of the dimensional standard for lot width
and lot size for the shoreland classification consistent with Minnesota Rules,
chapter 6120;
b• The lot must be connected to a public sewer, if available, or must be suitable
for the installation of a Type 1 sewage treatment system consistent with
Minnesota Rules, chapter 7080, and local government controls; and
�• Impervious surface coverage must meet all hardcover location and square
footage restrictions of this chapter and the total square footage of hardcover
must not exceed 25 percent of the entire lot area; and
d• Development of the lot must be consistent with the comprehensive plan.
(3) A lot subject to either subsections 78-72(c)(1)or(2) remains subject to the hardcover
restrictions of this chapter, as follows:
a• Where the hardcover square footage allotment as calculated based on the
assigned tier exceeds 25 percent of the entire lot area, hardcover shall be
limited to 25 percent of the entire lot area.
b• No portion of the impervious surface square footage allowed shall be placed
within in 75 feet of a lake OHWL or tributary bank, except for those items
normally allowed in such location as regulated elsewhere in this chapter.
(4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-
72(c)(2) must be combined with the one or more contiguous lots so they equal one or
more conforming lots as much as possible.
(5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in
shoreland areas under a common ownership must be able to be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots
came under common ownership and the lots are suitable for, or served by, a sewage
treatment system consistent with the requirements of Minn. Stat. § 115.55 and
Minnesota Rules, chapter 7080, or connected to a public sewer.
(6) In all variance requests, zoning and building permit applications or conditional use
requests, the property owner shall address, when determined as appropriate by the
city engineer or city staff, stormwater runoff management, reduction of impervious
surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage
treatment and water supply capabilities, and other conservation-designed actions.
(�) A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment
requirements of the zoning district for a new lot and the newly created parcel is
combined with an adjacent parcel.
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r � (Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series,§ 1, 5-242004;Orcl. No. 92 3rd series, § 1, 3-26-2012; Ord. No.
95 3rd series, § 1, 10-8-2012;Ord. No. 108 3rd series, § 1, 7-8-2013)
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6120.3300 - Minnesota Administrative Rules Page 1 of 11
Minnesota Administrative Rules Authenticate
6120.3300 ZONING PROVISIONS.
Subpart l. 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 enachnent 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 61203800.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 treahnent system,or building permits aze issued for the
lots.In evaluating all the variances,boards of adjustment shall consider sewage treahnent
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
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�� 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 pazcel 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. T'he 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 watercra8 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,duple�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)
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� 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
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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:
ot 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
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� 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.
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' � 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) T'he 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 prefened 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
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� ' 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
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� � (fl noteworthiness,including special qualities such as historic
significance,critical habitat for endangered plants and animals,or others.
T'his 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 a8er
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 maacimum screening from view from public
waters.T'hey 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 pazking 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
axeas are contained in items A,B,C,and D.
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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 7020.1900,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 pazcels with public
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� �waters frontage,must eittier 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 61203900,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 aze 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.
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Subp. 12. Mining of inetallic minerals and peat,as defined by Minnesota �
Statutes,sections 93.44 to 93.51. Mining of inetallic minerals and peat shall be a
permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are
satisfied.
Statutory Authority: MSs 16B.59 to 168.75; 103F.211; 105.485; 326B.101 to
326B.194
History: 13 SR 3029; 17 SR 1279; 23 SR 2042;L 2005 c 56 s 2;L 2007 c 140 art 4 s
61;art 13 s 4;L 2008 c 337 s 64
Published Electronically: June 11, 2008
v
Co�yright c0 2008 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved.
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