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This constitutes a portion of the DNR's Shoreland Management Rules. Only the table of contents, definitions, and sections pertaining to cultural resources are reproduced here. For a complete and up to date version of these rules, please contact the Minnesota Department of Natural Resources. -------------------------------------------------------------------------------------------------------------------------------- CHAPTER 6120 DEPARTMENT OF NATURAL RESOURCES SHORELAND MANAGEMENT RULES
Table of Contents
6120.2500 DEFINITIONS. 3 6120.2600 POLICY... 10 6120.2800 SCOPE.. 10 Subpart 1. Responsibilities and authorities. 10 Subp. 1a. North Shore Management Plan. 10 Subp. 2. Adoption schedule. 11 Subp. 3. Implementation flexibility. 11 6120.3000 SHORELAND MANAGEMENT CLASSIFICATION SYSTEM. 13 Subpart 1. Criteria. 13 Subp. 1a. Classes. 14 Subp. 2. Supporting data. 16 Subp. 3. Classification procedures. 16 Subp. 4. Reclassification.. 16 Subp. 5. Modification and expansion of system... 17 6120.3100 LAND USE DISTRICTS. 17 6120.3200 CRITERIA FOR LAND USE ZONING DISTRICT DESIGNATION. 17 Subpart 1. Criteria. 17 Subp. 2. Designation of zoning districts. 18 Subp. 3. Land use district descriptions. 19 Subp. 4. Shoreland classifications and uses; lakes. 20 Subp. 5. Shoreland classifications and uses; rivers. 22 6120.3300 ZONING PROVISIONS. 25 Subpart 1. Purpose. 25 Subp. 2. Residential lot size. 25 Subp. 2a. Lot area and width standards for single, duplex, triplex, and quad residential development; lake classes. 28 Subp. 2b. Lot width standards for single, duplex, triplex, and quad residential development; river classes. 31 Subp. 3. Placement and height of structures and facilities on lots. 32 Subp. 4. Shoreland alterations. 36 Subp. 5. Placement and design of roads, driveways, and parking areas. 39 Subp. 6. [Repealed, 13 SR 3029]. 39 Subp. 7. Agricultural use standards. 39 Subp. 8. Forest management standards. 40 Subp. 9. Extractive use standards. 40 Subp. 10. Standards for commercial, industrial, public, and semipublic uses. 41 Subp. 11. Stormwater management. 42 Subp. 12. Mining of metallic minerals and peat, as defined by Minnesota Statutes, sections 93.44 to 93.51. 43 6120.3400 SANITARY PROVISIONS. 43 Subpart 1. [Repealed, 13 SR 3029]. 43 Subp. 2. Water supply. 43 Subp. 3. Sewage treatment. 43 6120.3500 SUBDIVISION PROVISIONS. 45 Subpart 1. Land suitability. 45 Subp. 2. Platting. 45 Subp. 3. Consistency with other controls. 45 Subp. 4. Information requirements. 46 Subp. 5. Dedications. 46 6120.3800 PLANNED UNIT DEVELOPMENT. 46 Subp. 2. Land use district designation. 47 Subp. 3. Information requirements. 47 Subp. 4. Dwelling unit or site density evaluation. 48 Subp. 5. Residential planned unit development density evaluation steps and design criteria. 48 Subp. 6. Commercial planned unit development density evaluation steps and design criteria. 53 6120.3900 ADMINISTRATION. 58 Subpart 1. Administration and enforcement. 58 Subp. 2. [Repealed, 13 SR 3029]. 58 Subp. 3. Variances. 58 Subp. 3a. Conditional uses. 59 Subp. 4. Nonconformities. 59 Subp. 4a. Shoreland management by townships. 60 Subp. 5. Joint exercise of powers. 60 Subp. 6. Notification procedures. 60 STATEMENT OF NEEDS AND REASONABLENESS.. 62 INDEX... 119
Subpart 1. Scope of terms, mandatory, distances. For the purpose of parts 6120.2500 to 6120.3900, certain terms or words used shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.
Subp. 1a. Accessory structure or facility.. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
Subp. 1b. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics: A. part or all of the feature is located in a shoreland area;
B. the slope rises at least 25 feet above the ordinary high water level of the waterbody;
C. the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and
the slope must drain toward the waterbody.
An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff.
Subp. 1c. Bluff impact zone.. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff.
Subp. 2. Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment.
Subp. 3. Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
Subp. 3a. Commercial planned unit developments.. "Commercial planned unit developments" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments.
Subp. 3b. Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
Subp. 3c. Commissioner.. "Commissioner" means the commissioner of the Department of Natural Resources.
Subp. 4. Repealed.
Subp. 5. Conditional use. "Conditional use" means a use as this term is defined in Minnesota Statutes, chapter 394.
Subp. 6. Repealed.
Subp. 6a. Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
Subp. 6b. Duplex, triplex, and quad.. "Duplex," "triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
Subp. 6c. Dwelling site.. "Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
Subp. 6d. Dwelling unit.. "Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
Subp. 6e. Extractive use.. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
Subp. 6f. Forest land conversion. "Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
Subp. 6g. Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
Subp. 7. Hardship. "Hardship" means the same as that term is defined in Minnesota Statutes, chapter 394.
Subp. 7a. Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
Subp. 7b. Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
Subp. 7c. Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Subp. 8. Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.
Subp. 9. Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line.
Subp. 10. Nonconformity.. "Nonconformity" means the same as that term is defined or described in Minnesota Statutes, chapter 394.
Subp. 11. Ordinary high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
Subp. 12. Planned unit development.. "Planned unit development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
Subp. 13. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a. However, no lake, pond, or flowage of less than ten acres in size in municipalities and 25 acres in size in unincorporated areas need be regulated for the purposes of parts 6120.2500 to 6120.3900. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from parts 6120.2500 to 6120.3900.
The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the commissioner.
Subp. 13a. Residential planned unit development.. "Residential planned unit development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.
Subp. 13b. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
Subp. 13c. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
Subp. 14. Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.
Subp. 14a. Sewage treatment system. “Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in chapter 7080.
Subp. 14b. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
Subp. 14c. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subp. 15. Shoreland. "Shoreland" means land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.
Subp. 15a. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
Subp. 15b. Steep slope. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.
Subp. 16. Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
Subp. 17. Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit development.
Subp. 18. Repealed.
Subp. 18a. Surface water-oriented commercial use.. "Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.
Subp. 18b. Toe of the bluff. "Toe of the bluff" means the lower point of a 50-foot segment with an average slope exceeding 18 percent.
Subp. 18c. Top of the bluff. "Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent.
Subp. 19. Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, ch. 394.
Subp. 20. Water-oriented accessory structure or facility.. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
Subp. 21. Wetland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), which is hereby incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
These minimum standards and criteria apply to those shorelands of public waters of the state which are subject to local government land use controls. They are intended to be incorporated into local government shoreland management controls. Each local government is responsible for administration and enforcement of its shoreland management controls adopted in compliance with these standards and criteria. Nothing in these standards and criteria shall be construed as prohibiting or discouraging a local government from adopting and enforcing controls that are more restrictive.
The commissioner shall classify all public waters in accordance with the following criteria: A. size and shape; B. amount and type of existing development; C. road and service center accessibility; D. existing natural characteristics of the waters and shorelands; E. state, regional, and local plans and management programs; F. existing land use restrictions; and G. presence of significant historic sites.
The development of shorelands of public waters must be controlled by means of land use zoning districts which are designated to be compatible with the classes of public waters in part 6120.3000. Land use zoning districts may be established to provide for:
A. the management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any other feature likely to be harmful to the health, safety, or welfare of the residents of the community; B. the reservation of areas suitable for residential development from encroachment by commercial and industrial uses; C. the centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial development; D. the management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas; E. the protection of valuable agricultural lands from conversion to other uses; and F. the preservation and enhancement of the quality of water-based recreational use of public waters including provisions for public accesses. Land use zoning districts established by local governments must be based on considerations of: A. preservation of natural areas; B. present ownership and development of shoreland areas; C. shoreland soil types and their engineering capabilities; D. topographic characteristics; E. vegetative cover; F. in-water physical characteristics, values, and constraints; G. recreational use of the surface water; H. road and service center accessibility; I. socioeconomic development needs and plans as they involve water and related land resources; J. the land requirements of industry which, by its nature, requires location in shoreland areas; and K. the necessity to preserve and restore certain areas having significant historical or ecological value.
Land use district descriptions are as follows: A. A special protection district is intended to be used for two basic purposes. The first purpose is to limit and properly manage development in areas that are generally unsuitable for development or uses due to flooding, erosion, limiting soil conditions, steep slopes, or other major physical constraints. A second purpose is to manage and preserve areas with special historical, natural, or biological characteristics. B. A residential district is primarily intended to allow low to medium density seasonal and year-round residential uses on lands suitable for such uses. It is also intended to prevent establishment of various commercial, industrial, and other uses in these areas that cause conflicts or problems for residential uses. Some nonresidential uses with minimal impacts on residential uses are allowed if properly managed under conditional use procedures. C. A high density residential district is intended for use on lands with heterogeneous mixes of soils, vegetation, and topography that are not well suited to residential development using standard, lot-block subdivisions. This approach enables such areas to be developed, often even with higher than lot-block densities, while also avoiding and preserving unsuitable terrain and soils. Other compatible uses such as residential planned unit development, surface water-oriented commercial, multiple unit single-family, parks, historic sites, and semipublic, are also allowed, primarily as conditional uses. D. A water-oriented commercial district is intended to be used only to provide for existing or future commercial uses adjacent to water resources that are functionally dependent on such close proximity. E. A general use district is intended to be used only for lands already developed or suitable for development with concentrated urban, particularly commercial, land uses. It should not generally be used on natural environment lakes or remote river classes. Several other intensive urban uses such as industrial and commercial planned unit development are allowed in this district if handled as conditional uses.
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.
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 Ordinary high water Setback from top level setback (feet) of bluff (feet) Class 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 segments 100 50 30
(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 three 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 necessary, 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. 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) The 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 preferred 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 physically handicapped persons 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 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.
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 (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
This 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 after the commissioner has approved the proposed connection to public waters.
Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. They 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 parking 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.
Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
Subpart 1. Scope of planned unit development provisions.
The density evaluation steps and design criteria for residential planned unit developments are contained in items A to D.
A. The area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with these data and map of the evaluation. Local governments may allow some dwelling unit or site density increases for residential planned unit developments above the densities determined in the evaluation if all dimensional standards in part 6120.3300 are met or exceeded. Maximum density increases may only be allowed if all design criteria in subpart 5, item B, are also met or exceeded. Increases in dwelling unit or site densities must not exceed the maximums in the following table. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer. Maximum Allowable Dwelling Unit Or Site Density Increases For Residential Planned Unit Developments
Tiers Maximum density increase within each tier (percent)
First 50 Second 100 Third 200 Fourth 200 Fifth 200
B. The design criteria are: (1) All residential planned unit developments must contain at least five dwelling units or sites. (2) Residential planned unit developments must contain open space meeting all of the following criteria: (a) At least 50 percent of the total project area must be preserved as open space. (b) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and should not be included in the computation of minimum open space. (c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. (d) Open space may include outdoor recreational facilities for use by owners of the dwelling units or sites, or the public. (e) The shore impact zone, based on normal structure setbacks, must be included as open space. At least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in their natural or existing state. (f) Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities. (g) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. (h) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. (3) Centralization and design of facilities and structures must be done according to the following standards: (a) Residential planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system. (b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. (c) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. (d) Structures, parking areas, and other facilities 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. (e) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in part 6120.3300, subpart 3, item H, and are centralized. (f) Accessory structures and facilities may be allowed if they meet or exceed standards in part 6120.3300, subpart 3, item H, and are centralized. (4) Erosion control and stormwater management for residential planned unit developments must: (a) Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. (b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. C. Administration and maintenance requirements. Before final approval of all residential planned unit developments, local governments must ensure adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community. (1) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: (a) commercial uses prohibited; (b) vegetation and topographic alterations other than routine maintenance prohibited; (c) construction of additional buildings or storage of vehicles and other materials prohibited; and (d) uncontrolled beaching prohibited.
(2) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features: (a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. (b) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites. (c) Assessments must be adjustable to accommodate changing conditions. (d) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
D. Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met:
(1) Proposed conversions must be initially evaluated using the same procedures and standards presented in this part for developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.
(2) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
(3) Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: (a) removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; (b) remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and (c) if existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.
(4) Existing dwelling unit or dwelling site densities that exceed standards in this part may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.
The density evaluation steps and design criteria for commercial planned unit developments are contained in items A and B:
A. Density evaluation steps: (1) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. (2) Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development Floor Area Ratios* Public waters classes
Sewered general Second and development additional tiers lakes; first on unsewered tier on general unsewered development general lakes; development recreational lakes; urban, development Natural Average agricultural, lakes; environment unit floor tributary transition and lakes; area river forested river remote river (sq. ft.) segments segments segments 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet. (3) Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. (4) Divide the area computed in subitem (3) by the average determined in subitem (1). This yields a base number of dwelling units and sites for each tier. (5) Determine whether the project is eligible for any additional density increases. To be eligible, projects must meet all of the design standards in item B, and exceed one or more of them. The local unit of government may decide how much, if any, increase in density to allow for each tier, but must not exceed the maximum allowable density increases listed in the following table:
Maximum Allowable Dwelling Unit Or Site Density Increases For Commercial Planned Unit Developments
Maximum density increase within each tier Tier (percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200
(6) Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but must not be transferred to any other tier closer.
B. The design criteria are: (1) Open space. Commercial planned unit developments must contain open space meeting all of the following criteria: (a) At least 50 percent of the total project area must be preserved as open space. (b) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, or parking areas, except water-oriented accessory structures or facilities, are developed areas and should not be included in the computation of open space. (c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. (d) All shore impact zones within commercial planned unit developments must be included as open space, and at least 50 percent of these areas must be preserved in their natural or existing state. (e) Open space may include outdoor recreation facilities for use by guests staying in dwelling units or sites, or the public. (f) Open space may include subsurface sewage treatment systems if use of the space is restricted to avoid adverse impacts on the systems.
(2) Design of structures and facilities must be done according to the following standards: (a) Commercial planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be designed and installed to meet or exceed applicable rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system. (b) Dwelling units or sites must be located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above surface water features, and maximum height. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or other means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. (c) Structures, parking areas, and other facilities must be designed and located in a manner that minimizes their visibility from surface water features, assuming summer, leaf-on conditions. The structure, dwelling unit, accessory structure, or parking area 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. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. (d) Water-oriented accessory structures and facilities may be located within shore impact zones if they meet or exceed design standards contained in part 6120.3300, subpart 3, item H. (e) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of watercraft allowed to be continuously beached, moored, or docked must not exceed one for each allowable dwelling unit or site in the first tier, notwithstanding existing mooring sites in an existing harbor. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
(3) Erosion control and stormwater management for commercial planned unit developments must: (a) Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. (b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with part 6120.3300, subpart 4.
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