SF 2788

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for alternative shoreland management;
amending Minnesota Statutes 2004, section 103F.205; proposing coding for new
law in Minnesota Statutes, chapter 103F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 103F.205, is amended to read:

103F.205 DEFINITIONS.

Subdivision 1.

Applicability new text begin ; distances new text end .

The definitions in this section apply to
sections 103F.201 to deleted text begin 103F.225 deleted text end new text begin 103F.237. All distances, unless otherwise specified, shall
be measured horizontally new text end .

Subd. 2.

deleted text begin Commissioner deleted text end new text begin Access lot new text end .

deleted text begin "Commissioner" means the commissioner of
natural resources deleted text end new text begin "Access lot" means a parcel of land that provides access to public waters new text end .

Subd. 3.

deleted text begin Municipality deleted text end new text begin Accessory structure or facility new text end .

deleted text begin "Municipality" means a
statutory or home rule charter city deleted text end new text begin "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 at greater than normal structure setbacks new text end .

Subd. 4.

deleted text begin Shoreland deleted text end new text begin Bluff new text end .

deleted text begin "Shoreland" means land located within the following
distances from the ordinary high water elevation of public waters:
deleted text end

deleted text begin (1) land within 1,000 feet from the normal high watermark of a lake, pond, or
flowage; and
deleted text end

deleted text begin (2) land within 300 feet of a river or stream or the landward side of a floodplain
delineated by ordinance on the river or stream, whichever is greater.
deleted text end

new text begin "Bluff" means a topographic feature such as a hill, cliff, or embankment having all
of the following characteristics:
new text end

new text begin (1) part or all of the feature is located in a shoreland area;
new text end

new text begin (2) the slope rises at least 25 feet above the ordinary high water level of the water
body;
new text end

new text begin (3) 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
new text end

new text begin (4) the slope drains toward the water body.
new text end

new text begin An area with an average slope of less than 18 percent over a distance for 50 feet or more
within the bluff may be exempted from the bluff standards.
new text end

new text begin Subd. 5. new text end

new text begin Bluff impact zone. new text end

new text begin "Bluff impact zone" means a bluff and land located
within 30 feet from the top of the bluff.
new text end

new text begin Subd. 6. new text end

new text begin Boathouse. new text end

new text begin "Boathouse" means a structure designed and used solely for
the storage of boats or boating equipment.
new text end

new text begin Subd. 7. new text end

new text begin Buildable area. new text end

new text begin "Buildable area" means the minimum contiguous area
remaining on a lot or parcel of land after all setback requirements, bluffs, areas with slopes
greater than 25 percent, easements and rights-of-way, historic sites, wetlands, and land
below the ordinary high water level of public waters are subtracted for the purpose of
placement of structures.
new text end

new text begin Subd. 8. new text end

new text begin Building line. new text end

new text begin "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.
new text end

new text begin Subd. 9. new text end

new text begin Campground. new text end

new text begin "Campground" means a development that is used
for providing sites for nonpermanent overnight use by campers using tents, trailers,
recreational camping vehicles, or other temporary shelters.
new text end

new text begin Subd. 10. new text end

new text begin Certificate of survey. new text end

new text begin "Certificate of survey" means a graphic
representation of the boundary survey of a parcel of real property, along with the
description of the land and the signed certification of a Minnesota licensed land surveyor.
new text end

new text begin Subd. 11. new text end

new text begin Clustering or clustered. new text end

new text begin "Clustering" or "clustered" means a
development pattern and technique whereby structures or building sites are arranged in
close proximity to one another in nonlinear groups, adjacent to permanently preserved
common open space, so as to make efficient and visually esthetic use of the natural features
of the landscape and maximize visualization of permanently preserved open space.
new text end

new text begin Subd. 12. new text end

new text begin Commercial use. new text end

new text begin "Commercial use" means the principal use of land or
buildings for the sale, lease, rental, or trade of products, goods, and services.
new text end

new text begin Subd. 13. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of natural
resources.
new text end

new text begin Subd. 14. new text end

new text begin Common interest community. new text end

new text begin "Common interest community" means
contiguous or noncontiguous real estate that is subject to an instrument which obligates
persons owning a separately described parcel of the real estate, or occupying a part of the
real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to
pay for real estate taxes levied against, insurance premiums payable with respect to,
maintenance of, or construction, maintenance, repair, or replacement of improvements
located on one or more parcels or parts of the real estate other than the parcel or part
that the person owns or occupies.
new text end

new text begin Subd. 15. new text end

new text begin Common open space. new text end

new text begin "Common open space" means a portion of a
development site that is permanently set aside for public or private use, is held in common
ownership by all individual owners within the development, and will not be developed.
Common open space includes wetlands, upland recreational areas, wildlife areas, historic
sites, and areas unsuitable for development in their natural state. Common open space is
not the space between buildings of a cluster in a conservation subdivision and planned
unit development and it does not include an area of 25 feet around each structure or any
impervious surface.
new text end

new text begin Subd. 16. new text end

new text begin Condominium. new text end

new text begin "Condominium" means a common interest community
in which portions of the real estate are designated as units and the remainder of the real
estate is designated for common ownership.
new text end

new text begin Subd. 17. new text end

new text begin Conditional use. new text end

new text begin "Conditional use" has the meaning given in chapter 394.
new text end

new text begin Subd. 18. new text end

new text begin Conservation subdivision. new text end

new text begin "Conservation subdivision" means a
method of subdivision characterized by common open space and clustered compact lots,
with the purpose of creating greater community value through open space amenities
for homeowners and protection of natural resources, while allowing for the residential
densities consistent with prevailing densities. Site designs incorporate standards of
low impact development, such as the use of some single-load roadways and narrower
rights-of-way, looped roadways versus cul-de-sacs, maximum road setbacks for
structures, and preservation of trees, shoreline, unique resources, and scenic vistas. These
developments use storm water designs that emphasize on-site retention and infiltration
through the preservation of native vegetation within the shore impact zone, use of pervious
surfaces, rain gardens, and swales.
new text end

new text begin Subd. 19. new text end

new text begin Conventional subdivision. new text end

new text begin "Conventional subdivision" means a pattern
of subdivision development that permits the division of land in the standard form where
lots are spread evenly throughout a parcel with little regard for natural features or common
open space as compared to a conservation subdivision where lots are clustered and
common open space is provided.
new text end

new text begin Subd. 20. new text end

new text begin Cooperative. new text end

new text begin "Cooperative" means a common interest community in
which the real estate is owned by an association, whose members are entitled by virtue of
the member's ownership interest in the association to a proprietary lease.
new text end

new text begin Subd. 21. new text end

new text begin Crawl space. new text end

new text begin "Crawl space" means any areas or rooms with less than
seven feet ceiling height measured to the finished floor or grade below.
new text end

new text begin Subd. 22. new text end

new text begin Deck. new text end

new text begin "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.
new text end

new text begin Subd. 23. new text end

new text begin Duplex, triplex, or quad. new text end

new text begin "Duplex," "triplex," or "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.
new text end

new text begin Subd. 24. new text end

new text begin Dwelling site. new text end

new text begin "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.
new text end

new text begin Subd. 25. new text end

new text begin Dwelling unit. new text end

new text begin "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.
new text end

new text begin Subd. 26. new text end

new text begin Extractive use. new text end

new text begin "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 sections 93.44 to 93.51.
new text end

new text begin Subd. 27. new text end

new text begin Forest land conversion. new text end

new text begin "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.
new text end

new text begin Subd. 28. new text end

new text begin Guest cottage. new text end

new text begin "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.
new text end

new text begin Subd. 29. new text end

new text begin Hardship. new text end

new text begin "Hardship" has the meaning given in section 394.27,
subdivision 7.
new text end

new text begin Subd. 30. new text end

new text begin Height of building. new text end

new text begin "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 mean height
between the eaves and ridge for a gable, hip, mansard, gambrel, or other pitched or hipped
roof.
new text end

new text begin Subd. 31. new text end

new text begin Impervious surface. new text end

new text begin "Impervious surface" means a constructed hard
surface that either prevents or retards the entry of water into the soil and causes water to
run off the surface in greater quantities and at an increased rate of flow than prior to
development. Examples include rooftops, sidewalks, patios, storage areas, and concrete,
asphalt, or gravel driveways.
new text end

new text begin Subd. 32. new text end

new text begin Industrial use. new text end

new text begin "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.
new text end

new text begin Subd. 33. new text end

new text begin Intensive vegetation clearing. new text end

new text begin "Intensive vegetation clearing" means the
complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
new text end

new text begin Subd. 34. new text end

new text begin Lot. new text end

new text begin "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 designation for the purpose of sale, lease, or separation.
new text end

new text begin Subd. 35. new text end

new text begin Lot width. new text end

new text begin "Lot width" means the shortest distance between lot lines
measured at the midpoint of the building line for riparian lots. For nonriparian lots, the
lot width is the shortest distance between side lot lines as measured at the midpoint of
the longest axis of the lot.
new text end

new text begin Subd. 36. new text end

new text begin Lowest floor. new text end

new text begin "Lowest floor" means the lowermost floor of the lowest
enclosed area, including basement and crawl space. An unfinished or flood-resistant
enclosure, used solely for parking of vehicles, building access, or storage in an area other
than a basement or crawl space area, is not considered a building's lowest floor.
new text end

new text begin Subd. 37. new text end

new text begin Major subdivision. new text end

new text begin "Major subdivision" means any division of a parcel
of land involving the establishment of four or more lots.
new text end

new text begin Subd. 38. new text end

new text begin Metes and bounds. new text end

new text begin "Metes and bounds" means a description of real
property which is not described by reference to a lot or block shown on a map or a
recorded plot, but is described by starting at a known point and describing the direction
and length of the lines forming the boundaries of the property.
new text end

new text begin Subd. 39. new text end

new text begin Minor subdivision. new text end

new text begin "Minor subdivision" means the division of a tract of
land into two or three lots or the relocation of the boundary line between two abutting
metes and bounds parcels of property, provided such relocation does not cause the creation
of an additional parcel or parcels and the resulting parcels comply with all lot dimensional
standards.
new text end

new text begin Subd. 40. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a statutory or home rule charter city.
new text end

new text begin Subd. 41. new text end

new text begin Nonconformity. new text end

new text begin "Nonconformity" has the meaning given in chapter 394.
new text end

new text begin Subd. 42. new text end

new text begin Ordinary high water level. new text end

new text begin "Ordinary high water level" means the
boundary of public waters and wetlands and is 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.
new text end

new text begin Subd. 43. new text end

new text begin Planned unit development. new text end

new text begin "Planned unit development" means a
method of land use or 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 that
incorporates clustering of these units or sites to provide areas of common open space and a
mix of structure types and land uses. These developments may be organized and operated
as residential or commercial enterprises, such as individual dwelling units, townhouses,
condominiums, time-share condominiums, cooperatives, common interest communities,
shared-interest communities, apartment buildings, nonresort campgrounds and youth
camps, recreational vehicle parks, manufactured home parks, hotels, motels, or any
combination of these. Planned unit development includes any conversion of preexisting
structures and land uses in order to utilize this method of development.
new text end

new text begin Subd. 44. new text end

new text begin Plat. new text end

new text begin "Plat" means a map or drawing, conforming to chapter 505, which
graphically delineates the boundaries and dimensions of land parcels for the purpose of
identification and record or title.
new text end

new text begin Subd. 45. new text end

new text begin Platform. new text end

new text begin "Platform" means a horizontal, unenclosed structure 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 less than three feet above ground.
new text end

new text begin Subd. 46. new text end

new text begin Public waters. new text end

new text begin "Public waters" means public waters or public waters
wetlands as defined under section 103G.005, subdivisions 15 and 15a, except no lake,
pond, or flowage of less than ten acres in size in municipalities or 25 acres in size in
unincorporated areas need be regulated for the purposes of sections 103F.205 to 103F.237.
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 sections 103F.205 to 103F.237.
The official determination of the size and physical limits of drainage areas of rivers and
streams shall be made by the commissioner.
new text end

new text begin Subd. 47. new text end

new text begin Recreation use area. new text end

new text begin "Recreation use area" means the area allowed
within the shore impact zone for residential lots, conservation subdivisions, planned unit
developments, and new resorts.
new text end

new text begin Subd. 48. new text end

new text begin Residential lot suitable area. new text end

new text begin "Residential lot suitable area" means
the minimum area on a residential lot or parcel of land that is the sum of the buildable
area and the sewage treatment system suitable area for unsewered areas or the buildable
area in sewered areas.
new text end

new text begin Subd. 49. new text end

new text begin Resort. new text end

new text begin "Resort" means a commercial establishment, that includes
buildings, campgrounds, lodges, structures, dwelling units or sites, enclosures, or any
part thereof kept, used, maintained, or advertised as or held out to the public to be a
place where sleeping accommodations are furnished to the public and primarily to those
seeking recreation, for periods of one day, one week, or longer, and having for rent
three or more cabins, rooms, campsites, or enclosures. These establishments must be
primarily service-oriented for transient lodging of guests. All cabins, rooms, dwelling
units or sites, or enclosures must be included in the resort rental business. Resorts allow
no residential use of a dwelling unit or site for more than 30 days within a calendar year,
except dwellings used as residences for the service providers or dwelling units or sites for
renters. To qualify as a resort under this subdivision, a resort must be fully licensed and
permitted under appropriate state and local regulations. The entire parcel of land must be
controlled and managed by the licensee.
new text end

new text begin Subd. 50. new text end

new text begin Secondary shoreline buffer zone. new text end

new text begin "Secondary shoreline buffer zone"
means the land located between the shore impact zone and the structure setback.
new text end

new text begin Subd. 51. new text end

new text begin Semipublic use. new text end

new text begin "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.
new text end

new text begin Subd. 52. new text end

new text begin Sensitive resource management. new text end

new text begin "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.
new text end

new text begin Subd. 53. new text end

new text begin Setback. new text end

new text begin "Setback" means the minimum horizontal distance between
a structure, sewage treatment system, or other facility and an ordinary high water level;
a sewage treatment system; the top of a bluff; a natural resource feature, for example
wetlands or heritage elements; a road or highway; a property line; or other facility.
new text end

new text begin Subd. 54. new text end

new text begin Sewage treatment system. new text end

new text begin "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 Minnesota Rules, chapter 7080.
new text end

new text begin Subd. 55. new text end

new text begin Sewage treatment system suitable area. new text end

new text begin "Sewage treatment system
suitable area" means the area meeting or exceeding the site requirements of Minnesota
Rules, chapter 7080, for the purpose of soil treatment or drainfield areas and future
additional sites.
new text end

new text begin Subd. 56. new text end

new text begin Sewer system. new text end

new text begin "Sewer system" means pipelines or conduits, pumping
stations, force mains, and all other constructions, devices, appliances, or appurtenances
used for conducting sewage or industrial waste or other wastes to a point of ultimate
disposal.
new text end

new text begin Subd. 57. new text end

new text begin Shared-interest community. new text end

new text begin "Shared-interest community" means
real estate that is subject to an instrument which obligates persons owning a separately
described parcel of the real estate and occupying a part of the real estate pursuant
to a proprietary lease or covenant for residential use for more than 30 days within
a year, by reason of their ownership or occupancy, to pay for real estate taxes levied
against, insurance premiums payable with respect to, maintenance of, or construction,
maintenance, repair, or replacement of improvements located on one or more parcels or
parts of the real estate other than the parcel or part that the person owns or occupies.
new text end

new text begin Subd. 58. new text end

new text begin Shore impact zone. new text end

new text begin "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, but not less than 50 feet. This area serves as the
primary shoreline buffer.
new text end

new text begin Subd. 59. new text end

new text begin Shoreland. new text end

new text begin "Shoreland" means land located within the following
distances from public waters:
new text end

new text begin (1) 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
new text end

new text begin (2) 300 feet from a river or stream or the landward extent of a floodplain designated
by ordinance on a river or stream, whichever is greater.
new text end

new text begin The limits of shorelands may be reduced whenever the waters involved are bounded by
topographic divides that extend landward from the waters for lesser distances and when
approved by the commissioner.
new text end

new text begin Subd. 60. new text end

new text begin Significant historic site. new text end

new text begin "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, is listed in the State Register of
Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions
of 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.
new text end

new text begin Subd. 61. new text end

new text begin Steep slope. new text end

new text begin "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 according to sections 103F.205 to 103F.237.
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.
new text end

new text begin Subd. 62. new text end

new text begin Structure. new text end

new text begin "Structure" means any building or appurtenance, including
decks, platforms, carports, and roof overhangs, except aerial or underground utility lines,
such as sewer, electric, telephone, telegraph, and gas lines, towers, poles, and other
supporting facilities.
new text end

new text begin Subd. 63. new text end

new text begin Subdivision. new text end

new text begin "Subdivision" means land that is divided for the purpose of
sale, rent, or lease, including planned unit development.
new text end

new text begin Subd. 64. new text end

new text begin Suitable area. new text end

new text begin "Suitable area" means the area remaining on a lot or
parcel of land after bluffs, areas with slopes greater than 25 percent, easements and
rights-of-way, historic sites, wetlands, land below the ordinary high water level of public
waters, and setback requirements, except the ordinary high water level structure setback,
are subtracted.
new text end

new text begin Subd. 65. new text end

new text begin Surface water-oriented commercial use. new text end

new text begin "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 conduct of business. Marinas,
resorts, and restaurants with transient docking facilities are examples of such use.
new text end

new text begin Subd. 66. new text end

new text begin Toe of the bluff. new text end

new text begin "Toe of the bluff" means the lower point of a 50-foot
segment with an average slope exceeding 18 percent.
new text end

new text begin Subd. 67. new text end

new text begin Top of the bluff. new text end

new text begin "Top of the bluff" means the higher point of a 50-foot
segment with an average slope exceeding 18 percent.
new text end

new text begin Subd. 68. new text end

new text begin Variance. new text end

new text begin "Variance" has the meaning given in chapter 394.
new text end

new text begin Subd. 69. new text end

new text begin Water-oriented accessory structure or facility. new text end

new text begin "Water-oriented
accessory structure or facility" means a small building or other improvement, except a
stairway, fence, dock, or retaining wall, 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 and platforms.
new text end

new text begin Subd. 70. new text end

new text begin Wetland. new text end

new text begin "Wetland" has the meaning given under section 103G.005,
subdivision 19.
new text end

new text begin Subd. 71. new text end

new text begin Youth camp. new text end

new text begin "Youth camp" means an establishment organized,
developed, managed, and operated under supervision for the primary purpose of education,
recreation, health, or similar purpose for young persons less than 21 years of age. These
establishments must be primarily service-oriented for transient lodging of youth.
new text end

Sec. 2.

new text begin [103F.227] ALTERNATIVE STANDARDS.
new text end

new text begin The alternative shoreland management standards established by the commissioner
shall be optional for local units of government. Local government empowered to adopt
and enforce land use regulations, including townships that meet the standards in section
103F.237, subdivision 5, shall have the option to adopt any or all of these alternative
shoreland management rules pursuant to the authority of Minnesota Rules, part 6120.2800,
subpart 3. The adoption of these alternative shoreland management standards by a local
government does not relieve the responsibility of the local government of complying with
the provisions of Minnesota Rules, part 6120.2800.
new text end

Sec. 3.

new text begin [103F.228] SHORELAND MANAGEMENT CLASSIFICATION
SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Criteria. new text end

new text begin The commissioner shall classify public waters according
to the following criteria:
new text end

new text begin (1) size and shape;
new text end

new text begin (2) amount and type of development at the time of the original classification;
new text end

new text begin (3) road and service center accessibility at the time of the original classification;
new text end

new text begin (4) existing natural characteristics of the waters and shorelands;
new text end

new text begin (5) state, regional, and local plans and management programs;
new text end

new text begin (6) existing land use restrictions;
new text end

new text begin (7) presence of significant historic sites;
new text end

new text begin (8) amount and type of publicly owned shoreland;
new text end

new text begin (9) presence of unique, endangered, or protected flora or fauna; and
new text end

new text begin (10) existing soil character and geomorphology of the shorelands.
new text end

new text begin Subd. 2. new text end

new text begin Classes. new text end

new text begin (a) The classes of public waters are special protection lakes,
natural environment lakes, recreational development lakes, general development lakes,
remote river segments, forested river segments, transition river segments, agricultural
river segments, urban river segments, and tributary river segments. All of the river classes
except tributary consist of watercourses that have been identified as being recreationally
significant on a statewide basis. The tributary class consists of all other watercourses
identified in the protected waters inventory. General descriptions of each class are found
in paragraphs (b) to (k).
new text end

new text begin (b) Special protection lakes are unique sensitive water bodies such as shallow
or landlocked lakes that support or have supported significant aquatic plant, fish, or
wildlife populations. There are numerous constraints to development, such as hydric
soils or erodible land. Rare, endangered, or special concern species may use the lake or
surrounding shorelands. These lakes currently have low to moderate development and are
especially vulnerable to the consequences of development.
new text end

new text begin (c) Natural environment lakes are generally small, often shallow lakes with limited
capacities for assimilating the impacts of development and recreational use. They often
have adjacent lands with substantial constraints for development such as high water tables,
exposed bedrock, and unsuitable soils.
new text end

new text begin (d) Recreational development lakes are generally medium-sized lakes of varying
depths and shapes with a variety of landform, soil, and groundwater situations on the lands
around them. At the time of the original classification, they often were characterized by
moderate levels of recreational use and existing development and development consisted
mainly of seasonal and year-round residences and recreationally oriented commercial uses.
new text end

new text begin (e) General development lakes are generally large, deep lakes or lakes of varying
sizes and depths with high levels and mixes of existing development at the time of the
original classification. These lakes often are extensively used for recreation and are heavily
developed around the shore. Second and third tiers of development are fairly common.
The larger examples in this class can accommodate additional development and use.
new text end

new text begin (f) Remote river segments are primarily located in roadless, forested,
sparsely-populated areas of the northeastern part of the state. Common land uses include
multiple-use forestry, some recreation facilities, and occasional seasonal or year-round
residential. Low intensity recreational uses of these river segments and adjacent lands are
common. This class has limited potential for additional development and recreational use
due to land suitability and road access constraints.
new text end

new text begin (g) Forested river segments are located in forested, sparsely to moderately populated
areas with some roads in the north-central part of the state. Predominant land uses
include multiple-use forestry, some recreation facilities, seasonal residential, and, within
commuting distances of several cities, some year-round residential. Low-intensity
recreational uses of these rivers and adjacent lands are common. This class has substantial
potential for additional development and recreational use.
new text end

new text begin (h) Transition river segments are generally either located within the Minnesota and
Mississippi River valleys, or within the middle reaches of several rivers in all regions
except the north-central and northeast. Common land uses include forested within riparian
strips and mixtures of cultivated, pasture, and forested beyond. Some seasonal and
year-round residential development exists, particularly within commuting distance of
major cities. The types and intensities of recreational uses within this class vary widely.
new text end

new text begin (i) Agricultural river segments are located in well-roaded, intensively cultivated
areas of the western and southern regions of the state. Cultivated crops are the predominant
land use, with some pasture and occasional feedlots, small municipalities, and small
forested areas. Residential development is not common, but some year-round residential
use is occurring within commuting distances of major cities. Some intensive recreational
use occurs on these river segments in particular areas, but overall recreational use of these
waters and adjacent lands is low. Although potential exists for additional development
and recreation, water quality constraints and competing land uses, particularly agriculture,
will inhibit expansions.
new text end

new text begin (j) Urban river segments are located within or adjacent to major cities throughout
the state. A variety of residential and other urban land uses exists within these segments.
Recreational uses of these segments and adjacent lands are common, but vary widely in
types and intensities. These segments have potential for additional development, for
redevelopment, and for additional recreational use, although recreational use on some of
these segments competes with commercial river traffic.
new text end

new text begin (k) Tributary river segments consist of watercourses mapped in the Protected Waters
Inventory that have not been assigned one of the river classes in paragraphs (f) to (j).
These segments have a wide variety of existing land and recreational use characteristics.
The segments have considerable potential for additional development and recreational
use, particularly those located near roads and cities.
new text end

new text begin Subd. 3. new text end

new text begin Supporting data. new text end

new text begin Supporting data for shoreland management
classifications is supplied by the records and files of the Department of Natural
Resources, including maps, lists, and other products of the Protected Waters Inventory;
data and publications of the Shoreland Update Project; the Minnesota Department of
Natural Resources Statewide Outstanding Rivers Inventory; Bulletin No. 25 (1968);
and Supplementary Report No. 1 - Shoreland Management Classification System for
Public Waters (1976) of the Division of Waters, Minnesota's Lakeshore, part 2, Statistical
Summary, Department of Geography, University of Minnesota; and additional supporting
data may be supplied, as needed, by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Classification procedures. new text end

new text begin Public waters shall be classified by the
commissioner. The commissioner shall document each classification with appropriate
supporting data. A preliminary list of classified public waters shall be submitted to
each affected local government. Each affected local government shall be given an
opportunity to request a change in the proposed classification. If a local government
feels such a change is needed, a written request with supporting data may be submitted
to the commissioner for consideration. If a local government requests a change in a
proposed shoreland management classification and the public water is located partially
within the jurisdiction of another governmental unit, the commissioner shall review
the recommendations of the other governmental units before making a final decision
on the proposed change. All public waters that are not classified default to the natural
environment class until such time as they are classified by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Reclassification. new text end

new text begin The commissioner may, as the need arises, reclassify
any public water to a more restrictive class. Also, any local government may at any
time submit a resolution and supporting data requesting a change to a more restrictive
classification of waters within its jurisdiction to the commissioner for consideration.
new text end

new text begin Subd. 6. new text end

new text begin Modification and expansion of system. new text end

new text begin The commissioner may, as the
need arises, modify or expand the shoreland classification system to provide specialized
shoreland management standards based upon unique characteristics and capabilities of
any public waters.
new text end

new text begin Subd. 7. new text end

new text begin Multiple shoreland management classifications. new text end

new text begin (a) The commissioner
may, upon receipt of a resolution under subdivision 5, apply multiple shoreland
management classifications on a public water. Where the commissioner has received such
a resolution, the following policies and criteria shall be used in approving any request for
multiple shoreland management classifications on a single public water:
new text end

new text begin (1) for those lakes with regular natural shoreline configurations, possessing few
or no bays, arms, islands, peninsulas, or points, no multiple shoreland management
classifications shall be applied;
new text end

new text begin (2) for lakes with irregular natural shoreline configurations, possessing two or more
bays, arms, islands, peninsulas, or points, or lakes that have been artificially segmented by
roadways, railways, bridges, or levees, the commissioner may assign multiple shoreland
management classifications to clearly defined portions of the shoreland area consistent
with the classification criteria and procedures set forth in subdivisions 1 to 4;
new text end

new text begin (3) in no case shall the commissioner apply multiple shoreland management
classifications on a lake with a total water surface acreage less than or equal to 250 acres or
on a single embayment with a total water surface acreage less than or equal to five acres;
new text end

new text begin (4) reservoirs on rivers and streams assigned a shoreland management classification
may also be eligible for the application of multiple shoreland management classifications,
provided they meet all of the criteria set forth in clauses (1) to (3); and
new text end

new text begin (5) where comprehensive lake management plans or local water plans are completed
and approved.
new text end

new text begin (b) Local governments are encouraged to hold public discussions with the
commissioner or the commissioner's designated representatives and other natural resource
management agencies prior to creation of a resolution, so that through a participatory
process all parties understand the reclassification.
new text end

Sec. 4.

new text begin [103F.229] LAND USE DISTRICTS.
new text end

new text begin 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 section 103F.228. Land use zoning districts may be established to provide for:
new text end

new text begin (1) 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;
new text end

new text begin (2) the reservation of areas suitable for residential development from encroachment
by commercial and industrial uses;
new text end

new text begin (3) the centralization of service facilities for residential areas and enhancement of
economic growth for those areas suitable for limited commercial development;
new text end

new text begin (4) the management of areas for commercial or industrial uses which, by their
nature, require location in shoreland areas;
new text end

new text begin (5) the protection of valuable agricultural lands from conversion to other uses; and
new text end

new text begin (6) the preservation and enhancement of the quality of water-based recreational use
of public waters including nonmotorized recreational use of public waters and provisions
for public accesses.
new text end

Sec. 5.

new text begin [103F.230] CRITERIA FOR LAND USE ZONING DISTRICT
DESIGNATION.
new text end

new text begin Subdivision 1. new text end

new text begin Criteria. new text end

new text begin The land use zoning districts established by local
governments must be based on considerations of:
new text end

new text begin (1) preservation of natural areas;
new text end

new text begin (2) present ownership and development of shoreland areas;
new text end

new text begin (3) shoreland soil types and their engineering capabilities;
new text end

new text begin (4) topographic characteristics;
new text end

new text begin (5) vegetative cover;
new text end

new text begin (6) in-water physical characteristics, values, and constraints;
new text end

new text begin (7) recreational use of the surface water;
new text end

new text begin (8) road and service center accessibility;
new text end

new text begin (9) socioeconomic development needs and plans as they involve water and related
land resources;
new text end

new text begin (10) the land requirements of industry which, by its nature, requires location in
shoreland areas;
new text end

new text begin (11) the necessity to preserve and restore certain areas having significant historical
or ecological value;
new text end

new text begin (12) comprehensive lake management plans, if completed and approved; and
new text end

new text begin (13) approved local water plans.
new text end

new text begin Subd. 2. new text end

new text begin Designation of zoning districts. new text end

new text begin Local governments with adopted land
use zoning districts in effect on the effective date of sections 103F.227 to 103F.237 may
continue to use the districts until revisions are proposed. When amendments to zoning
districts on lakes are considered, local governments, at least for all the shoreland within
the community of the public water involved and preferably for all shoreland areas within
the community, must revise existing zoning district and use provisions to make them
substantially compatible with the framework in subdivision 4. On a river, zoning districts
and use provisions for all shoreland on both sides within the same class in the community
must be revised to make them substantially compatible with the framework in subdivision
5. If the same river class is contiguous for more than a five-mile segment, only the
shoreland for a distance of 2.5 miles up and down stream or to the class boundary, if
closer, need be evaluated. When an interpretation question arises about whether a specific
land use fits within a category in subdivision 4 or 5, the question must be resolved through
procedures in local government official controls and state statutes.
new text end

new text begin Subd. 3. new text end

new text begin Land use district descriptions. new text end

new text begin Land use district descriptions are as
follows:
new text end

new text begin (a) A sensitive area 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. Criteria for establishing
sensitive area districts may include vulnerable or nutrient-susceptible bays, areas adjacent
to inlets and outlets, and areas with broad and extensive littoral zones or wetland fringes.
Generally, a sensitive area district shall exceed 500 feet of shoreline length.
new text end

new text begin (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.
new text end

new text begin (c) 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.
new text end

new text begin (d) 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 special protection lakes, natural environment lakes and
shorelands, or remote river classes. Several other intensive urban uses such as industrial
and resort developments may be allowed in this district if handled as conditional uses.
new text end

new text begin Subd. 4. new text end

new text begin Shoreland classifications and uses; lakes. new text end

new text begin For the lake classes, districts,
and uses in this subdivision, "P" means permitted uses, "C" means conditional uses, and
"N" means prohibited uses.
new text end

new text begin (a) Lakes classes in sensitive area districts.
new text end

new text begin Uses new text end	new text begin General development new text end	new text begin Recreational development new text end	new text begin Natural environment new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Sensitive resource management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Agricultural: cropland and pasture new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin New animal feedlots* new text end	new text begin N new text end	new text begin N new text end	new text begin N new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Single residential new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Conventional subdivisions new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Planned unit developments new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Conservation subdivisions new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin * Expansions to existing animal feedlots with shoreland areas must be reviewed as
conditional uses and must meet the standards of Minnesota Rules, chapter 7020.
new text end

new text begin (b) Lake classes in residential districts.
new text end

new text begin Uses new text end	new text begin General development new text end	new text begin Recreational development new text end	new text begin Natural environment new text end	new text begin Special protection new text end
new text begin Single residential new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end
new text begin Conventional subdivisions new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end
new text begin Planned unit developments new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end
new text begin Conservation subdivisions new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end
new text begin Semipublic new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end
new text begin Duplex, triplex, quad residential new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end	new text begin N new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin (c) Lakes classes in water-oriented commercial districts.
new text end

new text begin Uses new text end	new text begin General development new text end	new text begin Recreational development new text end	new text begin Natural environment new text end	new text begin Special protection new text end
new text begin Surface water-oriented commercial new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end	new text begin N new text end
new text begin New resorts new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end	new text begin N new text end
new text begin Replacement of cabins within existing resorts new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Expansions of resorts** new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Public, semipublic new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin ** Expansions of resorts that result in more than 20 dwelling units require a
conditional use permit.
new text end

new text begin (d) Lake classes in general use districts.
new text end

new text begin Uses new text end	new text begin General development new text end	new text begin Recreational development new text end	new text begin Natural environment new text end	new text begin Special protection new text end
new text begin Commercial new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end	new text begin N new text end
new text begin New resort new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end	new text begin N new text end
new text begin Replacement of cabins within existing resorts new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Expansions of resorts*** new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Industrial new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end	new text begin N new text end
new text begin Public, semipublic new text end	new text begin P new text end	new text begin P new text end	new text begin C new text end	new text begin C new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin N new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin *** Expansions of resorts that result in more than 20 dwelling units require a
conditional use permit.
new text end

new text begin Subd. 5. new text end

new text begin Shoreland classifications and uses; rivers. new text end

new text begin For the river classes, districts,
and uses in this subdivision, "P" means permitted uses, "C" means conditional uses, and
"N" means prohibited uses.
new text end

new text begin (a) River classes in sensitive area districts.
new text end

new text begin Uses new text end	new text begin Remote new text end	new text begin Forested new text end	new text begin Transitional new text end	new text begin Agricultural new text end	new text begin Urban new text end	new text begin Tributary new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Sensitive resource management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Agricultural: cropland and pasture new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin New animal feedlots* new text end	new text begin N new text end	new text begin N new text end	new text begin N new text end	new text begin N new text end	new text begin N new text end	new text begin N new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Single residential new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin * Expansions to existing animal feedlots within shoreland areas must be reviewed as
conditional uses and must meet the standards of Minnesota Rules, chapter 7020.
new text end

new text begin (b) River classes in residential districts.
new text end

new text begin Uses new text end	new text begin Remote new text end	new text begin Forested new text end	new text begin Transitional new text end	new text begin Agricultural new text end	new text begin Urban new text end	new text begin Tributary new text end
new text begin Single residential new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Conventional subdivisions new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Planned unit developments new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Conservation subdivisions new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Semipublic new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin P new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Duplex, triplex, quad residential new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin C new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin (c) River classes in water-oriented commercial districts.
new text end

new text begin Uses new text end	new text begin Remote new text end	new text begin Forested new text end	new text begin Transitional new text end	new text begin Agricultural new text end	new text begin Urban new text end	new text begin Tributary new text end
new text begin Surface water-oriented commercial new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin New resort new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Replacement of cabins within existing resorts new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Expansions of resorts new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Public, semipublic new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin (d) River classes in general use districts.
new text end

new text begin Uses new text end	new text begin Remote new text end	new text begin Forested new text end	new text begin Transitional new text end	new text begin Agricultural new text end	new text begin Urban new text end	new text begin Tributary new text end
new text begin Commercial new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin C new text end
new text begin New resort new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Replacement of cabins within existing resorts new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Expansions of resorts** new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Industrial new text end	new text begin N new text end	new text begin C new text end	new text begin N new text end	new text begin N new text end	new text begin C new text end	new text begin C new text end
new text begin Public, semipublic new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin P new text end	new text begin C new text end
new text begin Extractive use new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Parks and historic sites new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end	new text begin C new text end
new text begin Forest management new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end
new text begin Mining of metallic minerals and peat new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end	new text begin P new text end

new text begin ** Expansions of resorts that result in more than 20 dwelling units require a
conditional use permit.
new text end

Sec. 6.

new text begin [103F.231] ZONING PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Residential lot size. new text end

new text begin (a) All single, duplex, triplex, and quad residential
lots created after the date of enactment of the local shoreland controls must meet or exceed
the dimensions under this subdivision and subdivisions 3 and 4.
new text end

new text begin (b) Lots must not be occupied by any more dwelling units than indicated in
subdivisions 3 and 4. 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.
new text end

new text begin (c) On natural environment lakes or shorelands and within sensitive area districts,
subdivisions of duplexes, triplexes, and quads must also meet the following standards:
new text end

new text begin (1) each building must be set back at least 200 feet from the ordinary high water
level;
new text end

new text begin (2) each building must have common sewage treatment and water systems that serve
all dwelling units in the building;
new text end

new text begin (3) watercraft docking facilities for each lot must be centralized in one location
and serve all dwelling units in the building;
new text end

new text begin (4) no more than 25 percent of a lake's shoreline can be in duplex developments; and
new text end

new text begin (5) triplexes and quads shall not be allowed within riparian lots.
new text end

new text begin (d) One guest cottage may be allowed in local controls if the controls also require
all of the following standards to be met:
new text end

new text begin (1) a guest cottage may be allowed on lots meeting or exceeding the duplex
dimensions under subdivisions 3 and 4. The guest cottage must not cover more than 700
square feet of land surface and must not exceed 15 feet in height;
new text end

new text begin (2) a guest cottage may be allowed on lots meeting or exceeding the triplex
dimensions under subdivisions 3 and 4. The guest cottage must not cover more than 1,200
square feet of land surface and must not exceed 20 feet in height unless confined to the
second story of an accessory structure; and
new text end

new text begin (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.
new text end

new text begin (e) 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 this subdivision and
subdivisions 3 and 4 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, the
lot was created compliant with official controls in effect at the time, sewage treatment
and setback requirements of the shoreland controls are met, and for single residential
nonconforming lots, the minimum lot area and minimum lot width standards are at least
75 percent of the standards under subdivisions 3 and 4. Necessary variances from setback
requirements must be obtained before any use, sewage treatment system, or building
permits are issued for these lots. In evaluating all the variances, boards of adjustment shall
consider storm water runoff, vegetative buffers, and sewage treatment and water supply
capabilities or constraints of the lots and shall deny the variances if adequate facilities
cannot be provided. Alternatively, the local government shall implement a mitigation
scoring system that includes planting or maintaining a natural vegetated buffer zone along
with other measures, such as the removal of structures that do not meet structure setback
standards from ordinary high water level, reestablishment of a shoreline berm, removal
of water-oriented accessory structures, removal of impervious surfaces within the shore
impact zone, reduced impervious surface coverage on the lot, restoration of wetlands,
storm water management, or other conservation designed actions. If, in a group of two
or more contiguous lots under the same ownership, any individual lot does not meet the
requirements of this subdivision and subdivisions 3 and 4, the lot must not be considered
as a separate parcel 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
such that the lot is at least 75 percent of the minimum lot area and minimum lot width
standards under subdivisions 3 and 4. For the purposes of these standards, lots created
compliant with official controls that met or exceeded the standards in subdivisions 3
and 4 shall remain conforming.
new text end

new text begin (f) Except for common open space lots in conservation subdivisions and planned
unit developments, lots must not be created for the intention of obtaining access to public
waters where multiple owners or an association, whose members are entitled by virtue of
their ownership interest in the association to a proprietary lease, own the lot.
new text end

new text begin Subd. 3. new text end

new text begin Lot width, lot size, and residential lot suitable area standards for
minor subdivisions and density determinations for conservation subdivisions and
planned unit developments; lake classes. new text end

new text begin The minimum lot area, residential lot suitable
area, and width standards for residential lot developments are:
new text end

new text begin Class or District new text end		new text begin Riparian Lot Width (feet) - Lot Size (square feet) - Residential Lot Suitable Area* (square feet) new text end		new text begin Nonriparian Lot Width (feet) - Lot Size (square feet) - Residential Lot Suitable Area* (square feet) new text end
new text begin Special Protection new text end
	new text begin Single new text end	new text begin 400 - 217,000 - 23,400 new text end		new text begin 400 - 217,800 - 23,400 new text end
new text begin Natural environment and sensitive area new text end
	new text begin Single new text end	new text begin 250 - 80,000 - 20,400 new text end		new text begin 250 - 80,000 - 20,400 new text end
	new text begin Duplex new text end	new text begin 400 - 120,000 - 40,800 new text end		new text begin 400 - 160,000 - 40,800 new text end
	new text begin Triplex new text end			new text begin 600 - 240,000 - 61,200 new text end
	new text begin Quad new text end			new text begin 800 - 320,000 - 81,600 new text end
new text begin Recreational development new text end
	new text begin Single new text end	new text begin 150 - 40,000 - 17,400 new text end		new text begin 150 - 40,000 - 17,400 new text end
	new text begin Duplex new text end	new text begin 225 - 80,000 - 34,800 new text end		new text begin 225 - 80,000 - 34,800 new text end
	new text begin Triplex new text end	new text begin 300 - 120,000 - 52,200 new text end		new text begin 300 - 120,000 - 52,200 new text end
	new text begin Quad new text end	new text begin 375 - 160,000 - 69,600 new text end		new text begin 375 - 160,000 - 69,600 new text end
new text begin General development new text end
	new text begin Single new text end	new text begin 120 - 30,000 - 14,400 new text end		new text begin 150 - 40,000 - 14,400 new text end
	new text begin Duplex new text end	new text begin 180 - 60,000 - 28,800 new text end		new text begin 265 - 80,000 -28,800 new text end
	new text begin Triplex new text end	new text begin 260 - 80,000 - 43,200 new text end		new text begin 375 - 120,000 - 43,200 new text end
	new text begin Quad new text end	new text begin 340 - 120,000 - 57,600 new text end		new text begin 490 - 160,000 - 57,600 new text end

new text begin * The residential lot suitable area values in this table are for unsewered lots. A
minimum of 8,400 square feet for single; 16,800 square feet for duplex; 25,200 square
feet for triplex; and 33,600 square feet for quad developments of the residential lot
suitable area shall consist of buildable area, which for lots served by public sewer are
the minimum residential lot suitable areas.
new text end

new text begin Subd. 4. new text end

new text begin Lot standards for residential development; river classes. new text end

new text begin For all river
classes, the residential lot suitable area shall be a minimum of 18,000 square feet, with 50
percent being contiguous.
new text end

new text begin Lot Width (feet) new text end	new text begin Remote new text end	new text begin Forested new text end	new text begin Transitional new text end	new text begin Agricultural new text end	new text begin Urban new text end	new text begin Tributary new text end
new text begin Single new text end	new text begin 300 new text end	new text begin 200 new text end	new text begin 250 new text end	new text begin 150 new text end	new text begin 100 new text end	new text begin 75 new text end
new text begin Duplex new text end	new text begin 450 new text end	new text begin 300 new text end	new text begin 375 new text end	new text begin 225 new text end	new text begin 150 new text end	new text begin 115 new text end
new text begin Triplex new text end	new text begin 600 new text end	new text begin 400 new text end	new text begin 500 new text end	new text begin 300 new text end	new text begin 200 new text end	new text begin 150 new text end
new text begin Quad new text end	new text begin 750 new text end	new text begin 500 new text end	new text begin 625 new text end	new text begin 375 new text end	new text begin 250 new text end	new text begin 190 new text end

new text begin Subd. 5. new text end

new text begin Placement and height of structure and facilities on lots. new text end

new text begin 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:
new text end

new text begin (a) Structure setbacks. The minimum setbacks 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 paragraph (h):
new text end

new text begin Class or District new text end		new text begin Ordinary high water level setback (feet) new text end		new text begin Setback from top of bluff (feet) new text end
new text begin Special protection new text end		new text begin 200 new text end		new text begin 30 new text end
new text begin Sensitive area new text end		new text begin 150 new text end		new text begin 30 new text end
new text begin Natural environment new text end		new text begin 150 new text end		new text begin 30 new text end
new text begin Recreational development new text end		new text begin 100 new text end		new text begin 30 new text end
new text begin General development new text end		new text begin 75 new text end		new text begin 30 new text end
new text begin Remote river segments new text end		new text begin 200 new text end		new text begin 30 new text end
new text begin Forested and transition river segments new text end		new text begin 150 new text end		new text begin 30 new text end
new text begin Agricultural, urban, and tributary river segments new text end		new text begin 100 new text end		new text begin 30 new text end

new text begin (b) High water elevations. In addition to the setback requirements of paragraph (a),
local shoreland controls must regulate placement of structures in relation to high water
elevation. Where state-approved, local flood plain management controls exist consistent
with Minnesota Rules, parts 6120.5000 to 6120.6200, structures must be placed at an
elevation consistent with the flood protection elevation specified in the controls. Where
controls do not exist, the elevation to which the lowest floor, including basement and crawl
spaces, is placed or flood-proofed must be determined as follows:
new text end

new text begin (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.
As an alternative, the lowest floor may be placed at an elevation equal to or above the
flood protection elevation determined consistent with Minnesota Rules, parts 6120.5000 to
6120.6200. 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;
new text end

new text begin (2) for rivers and streams, by placing the lowest floor at least three feet above the
highest known water level, or three feet above the ordinary high water level, whichever
is higher. As an alternative, the lowest floor may be placed at an elevation equal to or
above the flood protection elevation determined consistent with Minnesota Rules, parts
6120.5000 to 6120.6200; and
new text end

new text begin (3) water-oriented accessory structures may have the lowest floor placed lower than
the elevation determined in this paragraph 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.
new text end

new text begin (c) Bluff impact zones. Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
new text end

new text begin (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.
new text end

new text begin (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 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.
new text end

new text begin (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.
new text end

new text begin (g) Height. No structures, except churches, telecommunications towers and antenna,
and nonresidential agricultural structures, shall exceed 30 feet in height of building.
new text end

new text begin (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 and commercial property may have
one water-oriented accessory structure or facility located closer to public waters than
the structure setback if:
new text end

new text begin (1) the structure or facility does not exceed ten feet in height, exclusive of safety
rails, does not exceed ten feet in width, as measured parallel to the shoreline, and does not
occupy an area greater than 120 square feet. Detached decks must not exceed eight feet
above grade at any point;
new text end

new text begin (2) the setback of the structure or facility from the ordinary high water level is at
least 30 feet;
new text end

new text begin (3) the structure or facility is 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;
new text end

new text begin (4) the roof is not enclosed or used as a storage area. The roof may be used as
a deck with safety rails;
new text end

new text begin (5) the structure or facility is not designed or used for human habitation and does not
contain water supply or sewage treatment facilities; and
new text end

new text begin (6) for residential lots, the structure or facility is located in the center third of the
parcel.
new text end

new text begin Any accessory structures or facilities not meeting the criteria in clauses (1) to (6) or
any additional accessory structures or facilities must meet or exceed structure setback
standards.
new text end

new text begin (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:
new text end

new text begin (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 if approved by the local government;
new text end

new text begin (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 if approved
by the local government;
new text end

new text begin (3) canopies or roofs are not allowed on stairways, lifts, or landings;
new text end

new text begin (4) stairways, lifts, and landings may be constructed either 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; and
new text end

new text begin (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.
new text end

new text begin 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 clauses (1) to (5) are met in addition to the requirements of
Minnesota Rules, chapter 1341.
new text end

new text begin (j) Decks and platforms. Except as provided in paragraph (h), decks and platforms
must meet the structure setback standards. Decks and platforms that do not meet setback
requirements from public waters may, without a variance, 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:
new text end

new text begin (1) a thorough evaluation of the property and structure reveals no reasonable
location for a deck or platform meeting or exceeding the existing ordinary high water level
setback of the structure;
new text end

new text begin (2) the deck or platform 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 40 feet, whichever is more restrictive; and
new text end

new text begin (3) the deck or platform is not roofed or screened.
new text end

new text begin Subd. 6. new text end

new text begin Shoreline buffer standards. new text end

new text begin (a) Alterations of natural vegetation and
topography shall be controlled by local governments to prevent erosion into public waters,
fix nutrients, infiltrate rainwater runoff, preserve shoreland aesthetics and historic values,
prevent bank slumping, limit direct and indirect impacts on water quality, and protect
fish and wildlife habitat.
new text end

new text begin (b) A shoreline buffer, consisting of trees, shrubs, and ground cover of native plants
and understory, is required. Vegetation removal necessary for the construction of structures
and sewage treatment systems under validly issued permits for these facilities are exempt
from this subdivision. However, the grading and filling conditions of this subdivision must
be met for issuance of permits for structures and sewage treatment systems. Public roads
and parking areas, as regulated by subdivision 7, and public swimming areas are exempt
from this subdivision. Shoreline buffer standards shall include:
new text end

new text begin (1) removal or alteration of natural vegetation, except for forest management or
agricultural uses as provided for in subdivisions 9 and 10, shall follow these standards:
new text end

new text begin (i) a shoreline buffer shall exist within the shore impact zone, consisting of trees,
shrubs, and low ground cover of native plants and understory in a natural state; and
new text end

new text begin (ii) vegetation clearing and removal of ground cover, including leaf litter and the
forest floor duff layer, within the shore and bluff impact zones and on steep slopes shall
not be allowed, except as follows:
new text end

new text begin (A) limited clearing of trees and shrubs and cutting, pruning, and trimming of trees
to accommodate the placement of stairways and landings, access paths, view corridors,
recreation use areas, and permitted water-oriented accessory structures or facilities shall
be allowed within the shore impact zone. Trees, shrubs, and a low ground cover consisting
of native plants and understory shall be maintained in a natural state within this area. An
access path permitted within this area shall not exceed a cleared width of six feet and must
be oriented generally perpendicular to the shoreline. Only one shoreline recreation use area
shall be allowed on each residential lot and it shall not exceed the following dimensions:
new text end

new text begin Class or District new text end	new text begin Width (maximum distance in feet parallel to shore) new text end	new text begin Length (feet) new text end
new text begin Special protection new text end	new text begin 10 new text end	new text begin 15 new text end
new text begin Sensitive area new text end	new text begin 10 new text end	new text begin 15 new text end
new text begin Natural environment new text end	new text begin 10 new text end	new text begin 15 new text end
new text begin Recreational development new text end	new text begin 20 new text end	new text begin 15 new text end
new text begin General development new text end	new text begin 30 new text end	new text begin 15 new text end
new text begin Remote river segments new text end	new text begin 10 new text end	new text begin 15 new text end
new text begin Forested and transition river segments new text end	new text begin 20 new text end	new text begin 15 new text end
new text begin Agricultural, urban, and tributary river segments new text end	new text begin 30 new text end	new text begin 15 new text end

new text begin For conservation subdivisions, planned unit developments, and new resorts, shoreline
recreation use areas shall be no larger than 20 feet in width along the shoreline for each
100 feet of shoreline, not to exceed 5,000 square feet in total area, with the depth of the
shoreline recreational area not exceeding 25 feet landward from the ordinary high water
level. A perennial ground cover shall be maintained to prevent erosion on all shoreline
recreation use areas and a tree canopy shall cover half of the area to intercept rainfall and
lessen erosion potential;
new text end

new text begin (B) limited clearing of trees and shrubs and cutting, pruning, and trimming of trees
to accommodate the placement of stairways, landings, and access paths shall be allowed in
bluff impact zones and on steep slopes. Trees, shrubs, and a low ground cover consisting
of native grasses and plants shall be maintained in these areas; and
new text end

new text begin (C) removal of trees or branches that pose a safety hazard is allowed; and
new text end

new text begin (iii) removal of trees and shrubs within the secondary shoreline buffer zone may
be allowed, provided that a well-distributed stand of trees and shrubs are maintained. A
well-distributed stand of trees and shrubs means that a tree and shrub canopy covers
over 50 percent of the area. A ground layer of predominantly perennial vegetation, such
as grass, flowers, forbs, or preferably native plants, shall be preserved, established, or
maintained in this area;
new text end

new text begin (2) use of fertilizer is not allowed within the shore impact zone. Use of fertilizer and
pesticides elsewhere within the shoreland management district must be done in such a way
as to minimize runoff into the shore impact zone or public water;
new text end

new text begin (3) vegetation within the shore impact zone shall be maintained to screen structures
with trees and shrubs so that the structures are at most 50 percent visible from public
waters during summer, leaf-on conditions;
new text end

new text begin (4) no impervious surfaces are allowed within the shore impact zone, except for boat
launches, stairways, lifts or landings, and, where permitted, one water-oriented accessory
structure; and
new text end

new text begin (5) open areas and lawns within the shore impact zone, except those allowed in
clause (1), shall be left unmoved or replanted with native vegetation of trees and shrubs to
establish and maintain a vegetative buffer, with a natural ground layer of understory plants.
new text end

new text begin (c) The shore impact zone shall be brought into compliance with this section by
restoration to no less than 50 percent tree and shrub canopy coverage and establishment
of natural ground cover within the shore impact zone upon issuance of any variance
or permit, or alternatively, the local government shall implement a mitigation scoring
system that includes planting or maintaining a natural vegetated buffer zone along with
other measures, such as the removal of structures that do not meet structure setbacks
standards from ordinary high water level, reestablishment of a shoreline berm, removal
of water-oriented accessory structures, removal of impervious surfaces within the shore
impact zone, reduction of impervious surface coverage on the parcel, restoration of
wetlands, storm water management, or other conservation designed actions.
new text end

new text begin Local governments may also require the shore impact zone to be brought into compliance
upon the conveyance of the lot.
new text end

new text begin (d) Land-disturbing activities within the shoreland management district shall be
controlled by local governments. The controls must also apply for subdivision, variance,
building permit, and conditional use permit reviews. Local shoreland controls shall meet
or exceed the following standards:
new text end

new text begin (1) filling of any wetlands within the shore impact and secondary shoreline buffer
zones is prohibited;
new text end

new text begin (2) natural swales, depressions, steep slopes, and topsoil shall be preserved.
Alterations to these areas may only be permitted in conjunction with erosion control,
storm water management, and vegetation buffer plans that are approved by the local
government and effectively implemented;
new text end

new text begin (3) excavation or placement of more than five cubic yards of material within shore
impact zones may be permitted provided that erosion control, storm water management,
and vegetation buffer plans are approved by the local government and effectively
implemented;
new text end

new text begin (4) 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;
new text end

new text begin (5) mulches or similar materials must be used for erosion control, where necessary,
for temporary bare soil coverage and a permanent vegetation cover must be established
as soon as possible;
new text end

new text begin (6) silt fences or other methods to trap sediments before they reach any surface
water feature must be used;
new text end

new text begin (7) 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 Natural Resources Conservation Service;
new text end

new text begin (8) fill or excavated material must not be placed in a manner that creates an unstable
slope;
new text end

new text begin (9) plans to place fill or excavated material on steep slopes, including the construction
of walkout basements, shall be developed by a registered professional engineer for
continued slope stability and must not create finished slopes of 30 percent or greater;
new text end

new text begin (10) fill or excavated material must not be placed in bluff impact zones;
new text end

new text begin (11) any alterations below the ordinary high water level of public waters shall be
authorized by the commissioner under sections 103G.245 and 103G.405 prior to the
commencement of any work;
new text end

new text begin (12) alterations of topography are only allowed if the alterations do not adversely
affect adjacent or nearby properties; and
new text end

new text begin (13) placement of natural rock riprap and retaining walls, where allowed, shall
comply with rules adopted under section 103G.245. Natural rock riprap shall only be used
for the correction of an established erosion problem that cannot be controlled through the
use of native vegetation, slope stabilization using mulch, biomat, or similar bioengineered
means. Riprap and retaining walls used for ornamental purposes or for terracing natural
slopes are prohibited within the shore and bluff impact zones.
new text end

new text begin (e) Excavations where the intended purpose is connection to a public water, such as
boat slips, canals, lagoons, and harbors, shall be regulated by local shoreland controls.
Permission for excavations may be given only after the commissioner has approved the
proposed connection to public waters pursuant to section 103G.245. Structures setbacks
and the shore impact zone shall be measured from the excavation.
new text end

new text begin Subd. 7. new text end

new text begin Placement and design of roads, driveways, and parking areas. new text end

new text begin (a)
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.
new text end

new text begin (b) 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.
new text end

new text begin (c) 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 subdivision are met. For private facilities, the
grading and filling provisions of subdivision 6, paragraph (d), must also be met. For public
watercraft access facilities, best management practices shall be designed, installed, and
maintained to reduce total suspended solids, peak discharge, and runoff. Best management
practices include porous pavement, grass parking overflow areas, filter strips, swales,
infiltration basins, disconnected impervious areas, rain gardens, and other conservation
designs.
new text end

new text begin Subd. 8. new text end

new text begin Shoreline recreation facilities for lots. new text end

new text begin (a) For residential lots, shore
recreation facilities, including, but not limited to, swimming areas, docks, and watercraft
mooring areas and boat lifts must be clustered or grouped in suitable areas. Evaluation of
suitability must include consideration of land slope, water depth, aquatic and shoreland
vegetation, soils, depth to groundwater and bedrock, or other relevant factors to maintain
functions and values of existing natural features. Alternative lake access lots must be
used where direct riparian access is not appropriate due to the presence of protected
vegetation, wetlands, or other critical fish or wildlife habitat. Boating facilities shall be
located adjacent to the deepest water available. Shoreline facilities must also comply with
Minnesota Rules, part 6115.0210.
new text end

new text begin (b) Walkways shoreward of the ordinary high water level shall be used in place of
fill to bridge wetland areas to reach the shore. The walkways must be elevated at least 16
inches above the surface of the wetland. Walkways lakeward of the ordinary high water
level require a permit under section 103G.245, prior to the commencement of any work.
new text end

new text begin Subd. 9. new text end

new text begin Agricultural use standards. new text end

new text begin (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.
new text end

new text begin (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 consistent with the field office technical guides of the local soil and
water conservation districts or the United States Soil Conservation Service.
new text end

new text begin (c) Expansions to animal feedlots within shoreland areas and where allowed within a
zoning district must be reviewed as conditional uses and must comply with Minnesota
Rules, chapter 7020. New feedlots are prohibited in shorelands according to Minnesota
Rules, chapter 7020.
new text end

new text begin (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.
new text end

new text begin Subd. 10. new text end

new text begin Forest management standards. new text end

new text begin The harvesting of timber and associated
reforestation or conversion of forested use to a nonforested use must be conducted
consistent with the following standards:
new text end

new text begin (1) timber harvesting and associated reforestation must be conducted consistent with
current best management practices prescribed by the Minnesota Forest Resources Council;
new text end

new text begin (2) if allowed by local governments, forest land conversion to another use requires
issuance of a conditional use permit and adherence to the following standards:
new text end

new text begin (i) vegetation clearing or cutting and removal of ground cover, including leaf litter
and the forest floor duff layer, within the shore and bluff impact zones is not allowed; and
new text end

new text begin (ii) an erosion and sediment control plan must be developed and approved by the
local soil and water conservation district before issuance of a conditional use permit
for the conversion; and
new text end

new text begin (3) 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.
new text end

new text begin Subd. 11. new text end

new text begin Extractive use standards. new text end

new text begin (a) Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels of public
waters and from bluffs.
new text end

new text begin (b) 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. The plan must
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.
new text end

new text begin Subd. 12. new text end

new text begin Standards for commercial, industrial, public, and semipublic uses.
new text end

new text begin 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 parcels with
public waters frontage, must either 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. Uses with water-oriented needs must
meet the following standards:
new text end

new text begin (1) in addition to meeting impervious coverage limits, setbacks, and other zoning
standards under sections 103F.205 to 103F.237, the uses must be designed to incorporate
topographic and vegetative screening of parking areas and structures;
new text end

new text begin (2) 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; and
new text end

new text begin (3) 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:
new text end

new text begin (i) 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;
new text end

new text begin (ii) 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; and
new text end

new text begin (iii) 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 item
does not preclude use of navigational lights.
new text end

new text begin Subd. 13. new text end

new text begin Storm water management. new text end

new text begin (a) Local governments must consider
proper erosion control and storm water management in all reviews, approvals, and permit
issuances under shoreland management controls adopted under sections 103F.205 to
103F.237. The following general and specific standards must be incorporated into local
government shoreland management controls and administration:
new text end

new text begin (1) for postconstruction storm water management, 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. 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, vegetated filter strips, bioretention areas, rainwater gardens, enhanced swales,
off-line retention areas, and natural depressions for infiltration rather than buried pipes
and human-made materials and facilities;
new text end

new text begin (2) development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay
runoff volumes. Erosion prevention and sediment control practices must be used to retain
sediment on site. Disturbed soil areas must be stabilized and protected as soon as possible.
The maximum time the soil in a project area may remain exposed when the area is not
actively being worked is three days. Temporary or permanent cover for the exposed areas
is required at that time but should be installed sooner if possible. All deltas and sediment
deposited in surface waters, including drainageways, catch basins, and other drainage
systems must be removed within 14 days unless precluded by legal, regulatory, or physical
access restraints. The areas where sediment removal results in exposed soil must be
stabilized within seven days after completing the removal;
new text end

new text begin (3) to the maximum extent possible, land-disturbing activities must not occur within
the shore impact zone;
new text end

new text begin (4) the maximum impervious surface coverage must be in accordance with the
following table:
new text end

new text begin Development or Use new text end		new text begin Class or District new text end		new text begin Impervious Surface Coverage (percent of applicable area) new text end		new text begin Applicable Area new text end
new text begin Noncommercial new text end		new text begin General development and recreational development new text end		new text begin 15* new text end		new text begin Lot or parcel new text end
new text begin Noncommercial new text end		new text begin Natural environment, special protection, sensitive area, and all river classes new text end		new text begin 12 new text end		new text begin Lot or parcel new text end
new text begin Access lots new text end		new text begin All classes and districts new text end		new text begin 12 new text end		new text begin Lot or parcel new text end
new text begin Conventional subdivision new text end		new text begin Where allowed new text end		new text begin 12 new text end		new text begin Lot or parcel new text end
new text begin Conservation subdivision new text end		new text begin General development and recreational development new text end		new text begin 15* new text end		new text begin Riparian lots new text end
new text begin Conservation subdivision new text end		new text begin Natural environment, special protection, sensitive area, and all river classes new text end		new text begin 12 new text end		new text begin Riparian lots new text end
new text begin Conservation subdivision new text end		new text begin All classes and districts new text end		new text begin 35 new text end		new text begin Nonriparian lots new text end
new text begin Planned unit developments new text end		new text begin All classes and districts new text end		new text begin 15 new text end		new text begin Total project area and 1st tier new text end
new text begin Resorts new text end		new text begin Where allowed new text end		new text begin 25 new text end		new text begin Total project area and any tier new text end
new text begin Resort** new text end		new text begin General development new text end		new text begin 35 new text end		new text begin 2nd and 3rd tiers new text end
new text begin Commercial*** new text end		new text begin Commercial districts new text end		new text begin 25 new text end		new text begin Total project area and any tier new text end

new text begin * Up to 20 percent impervious surface coverage may be allowed with an approved
storm water management plan consistent with clause (8) and subdivision 6. Plans shall
conform to the provisions of the latest Pollution Control Agency general storm water
permit for construction activity and the specific best management practices (BMPs) must
be designed and installed to meet those standards. Additional information and guidance
on the design of BMPs can be found in the Pollution Control Agency's storm water BMPs
manuals. Preference must be given to permanent storm water management designs that
include porous pavement, filter strips, enhanced swales, infiltration basins, disconnected
impervious areas, rain gardens, and other conservation designs.
new text end

new text begin ** The total project area impervious surface coverage shall not exceed 25 percent.
new text end

new text begin *** Commercial properties other than planned unit developments and resorts;
new text end

new text begin (5) half the area covered by porous pavers or other porous material shall be counted
as impervious surface if best management practices were followed in design, installation,
and maintenance as found in the Pollution Control Agency's storm water BMPs manuals;
new text end

new text begin (6) local governments may also require a properly engineered storm water pollution
prevention plan upon issuance of any permit;
new text end

new text begin (7) construction or reconstruction activity that results in the disturbance of 10,000
square feet or more on general development lakes, recreational development lakes, and
all river classes or 5,000 square feet on natural environment lakes, special protection
lakes, and sensitive area districts must meet the Pollution Control Agency general storm
water permit for construction activity requirements for erosion prevention and sediment
control. These requirements must be incorporated into the project plans and specifications.
Construction activity that results in the disturbance of one or more acres will require a
storm water permit from the Pollution Control Agency; and
new text end

new text begin (8) for a commercial property, for development on a residential lot where the
maximum land surface to be covered by structures exceeds 5,000 square feet, or where
construction or reconstruction activity results in the disturbance of one or more acres,
certified personnel in erosion and sediment control are responsible for best management
practice design, installation, inspection, and management to meet the Pollution Control
Agency general storm water permit requirements. The storm water pollution prevention
plan developed for the project shall incorporate all appropriate provisions of the permit
requirements, including both preconstruction and postconstruction activity. Permanent
storm water management requirements must be met for all impervious surfaces located on
the project. A volume of water equal to one-half or one inch, depending on the location,
multiplied by the area of impervious surfaces on the project must be treated by one or
more of the options outlined in the permit standards. For those areas of a project where
there is no feasible way to meet the treatment requirements of the permit standards, other
treatment, such as grassed swales, grit chambers, vegetated filter strips, bioretention areas,
rainwater gardens, enhanced swales, off-line retention areas, and natural depressions for
infiltration, is required prior to discharge to surface waters. Construction activity that
results in the disturbance of one or more acres require a storm water permit from the
Pollution Control Agency.
new text end

new text begin (b) Local governments shall develop and implement programs to identify properties
that are inconsistent with impervious surface coverage limits identified in paragraph (a)
and to mitigate the consequences of noncompliant properties. The programs must include
at least one of the following approaches:
new text end

new text begin (1) a review of existing records to determine which properties in the jurisdiction
are nonconforming and require mitigation;
new text end

new text begin (2) determination of compliance upon conveyance of the lot and mitigation measures
necessary; or
new text end

new text begin (3) other programs found to be acceptable to the commissioner.
new text end

new text begin Subd. 14. new text end

new text begin Mining of metallic minerals and peat. new text end

new text begin Mining of metallic minerals and
peat shall be a permitted use provided the provisions under sections 93.44 to 93.51 are
satisfied.
new text end

Sec. 7.

new text begin [103F.232] SANITARY PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Water supply. new text end

new text begin Any public or private supply of water for domestic
purposes must meet or exceed standards for water quality of the Department of Health and
the Pollution Control Agency. Private wells must be located, constructed, maintained,
and sealed according to or in a more thorough manner than required in chapter 103I and
rules adopted thereunder.
new text end

new text begin Subd. 2. new text end

new text begin Sewage treatment. new text end

new text begin (a) Any premises used for human occupancy must be
provided with an adequate method of sewage treatment.
new text end

new text begin (b) Publicly owned sewer systems must be used where available.
new text end

new text begin (c) All private sewage treatment systems must meet or exceed applicable rules
of the Department of Health; the Pollution Control Agency, specifically Minnesota
Rules, chapter 7080, for individual sewage treatment systems; and any applicable local
government standards.
new text end

new text begin (d) On-site sewage treatment systems must be set back from the ordinary high
water level according to the following table:
new text end

new text begin Sewage Treatment System Setback Standards
new text end

new text begin Class or district new text end	new text begin Setback from ordinary high water level (feet) new text end
new text begin Special protection new text end	new text begin 200 new text end
new text begin Natural environment new text end	new text begin 150 new text end
new text begin Sensitive area new text end	new text begin 150 new text end
new text begin Recreational development new text end	new text begin 100 new text end
new text begin General development new text end	new text begin 100* new text end
new text begin Remote river segments new text end	new text begin 150 new text end
new text begin Forested river segments new text end	new text begin 100 new text end
new text begin Transition river segments new text end	new text begin 100 new text end
new text begin Agricultural river segments new text end	new text begin 75 new text end
new text begin Urban and tributary river segments new text end	new text begin 75 new text end

new text begin * This distance may be reduced to 75 feet if soil tests demonstrate that the soils
present have high phosphorus adsorption or retention capacity. Sites with coarse soils and
calcareous sandy soils must use 100 feet. Evaluation and documentation of the soil should
be performed by a qualified individual knowledgeable in soil science, with preference to a
professional soil scientist.
new text end

new text begin (e) Local governments must develop and implement programs to identify and
upgrade sewage treatment systems that are inconsistent with the sewage treatment system
design criteria identified in paragraph (c), exclusive of the appropriate setback from the
ordinary high water level in paragraph (d). These programs must require reconstruction
of existing nonconforming sewage systems whenever a permit or variance of any type
is required for any improvement on, or use of, the property, and must include at least
one of the following approaches:
new text end

new text begin (1) a systematic review of existing records to determine which systems in the
jurisdiction are nonconforming and requiring reconstruction when practicable;
new text end

new text begin (2) a systematic on-site inspection program, including all properties where adequate
record of conformances does not exist, identifying nonconforming or illegal systems and
requiring reconstruction when appropriate;
new text end

new text begin (3) a notification or education program that is oriented toward convincing substantial
numbers of property owners to evaluate their sewage systems and voluntarily upgrade the
sewage treatment system, if nonconforming;
new text end

new text begin (4) a certificate of compliance for the sewage treatment system with conveyance of
the lot or issuance of any permit;
new text end

new text begin (5) a program that includes the requirement of submission of a certificate of
compliance for the sewage treatment system every five years; or
new text end

new text begin (6) other programs found to be acceptable to the commissioner.
new text end

Sec. 8.

new text begin [103F.233] SUBDIVISION PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this subdivision is to allow for greater
flexibility and creativity in the design of residential subdivisions, to facilitate the
construction of streets, utilities, and public services in a more economical and efficient
manner, and to promote conservation subdivisions to ensure that citizens in residential
developments prosper from the conservation of natural features of the land, including
wetlands, forests, shorelines, steep slopes, plants, wildlife, historic sites, and scenic areas.
new text end

new text begin Subd. 2. new text end

new text begin Subdivision methods. new text end

new text begin Minor and major subdivision local controls shall be
consistent with the standards in this section. Minor subdivisions are commonly referred to
as lot splits and those subdivisions shall be consistent with the standards in subdivision
4. All major subdivisions must be processed by local governments as plats according to
chapters 462 and 505. Major subdivisions must be processed as conservation subdivisions
or planned unit developments according to section 103F.236 or by issuance of a conditional
use permit for a conventional subdivision according to subdivision 5. Minor subdivisions
shall not be allowed on any lot that is part of an approved planned unit development.
new text end

new text begin Subd. 3. new text end

new text begin Land suitability and consistency with other controls. new text end

new text begin (a) Each lot
created must be suitable in its natural state for the proposed use with a minimal alteration.
A lot intended as a buildable site shall meet the appropriate minimum lot standards and
suitable area requirements of section 103F.231, subdivisions 3 and 4. Local governments
must not issue building or sewage permits for unsuitable lots.
new text end

new text begin (b) Subdivisions must conform to all other official controls adopted by local
governments under sections 103F.205 to 103F.237. Local governments must not approve
subdivisions that are designed so variances from one or more standards in official controls
would be needed to use the lots for their intended purpose. In areas not served by publicly
owned sewer and water systems, subdivisions must not be approved by local governments
unless domestic water supply is available and at least two standard soil absorption sewage
treatment sites can be provided for every lot. Lots that would require use of holding
tanks shall not be approved.
new text end

new text begin Subd. 4. new text end

new text begin Minor subdivision provisions. new text end

new text begin Minor subdivisions may be allowed in
local controls where all of the following standards are met:
new text end

new text begin (1) all lots created must meet the lot dimension standards in section 103F.231,
subdivisions 3 and 4; and
new text end

new text begin (2) a certificate of survey may be used for the division of a lot where:
new text end

new text begin (i) the subdivision of land is into tracts larger than five acres in area;
new text end

new text begin (ii) the subdivision of a lot is for the purpose of attachment to contiguous lots where
no lots five acres or less in area are left unattached;
new text end

new text begin (iii) conveyances to a governmental unit or public utility for the purpose of roads,
streets residual, substations, poles, towers, and other similar uses;
new text end

new text begin (iv) any division of a tract of land involving the sale or exchange of parcels between
adjoining owners, where the division does not create additional building sites or create
nonconformity or where the division creates more conformity; and
new text end

new text begin (v) any parcel of land that has been previously subdivided according to this section
and that is proposed to be further subdivided must be platted and, whenever possible,
include the parcels previously divided.
new text end

new text begin Subd. 5. new text end

new text begin Conventional subdivision provisions. new text end

new text begin Where a local government allows
new conventional subdivision developments, they shall only be permitted as a conditional
use. Conventional subdivisions shall not be allowed on special protection lakes. Local
governments shall require as a condition of issuance of any conventional subdivision
conditional use permit the following:
new text end

new text begin (1) lot sizes shall be at least double the lot sizes allowed in section 103F.231,
subdivision 3;
new text end

new text begin (2) lot widths shall be at least one and one-half the lot widths allowed in section
103F.231, subdivisions 3 and 4;
new text end

new text begin (3) the impervious surface coverage for lots must not exceed 12 percent of lot area
and storm water management must meet the standards in section 103F.231, subdivision
13; and
new text end

new text begin (4) lots five acres or less in area that were created with the conventional subdivision
standards in this section may not be further subdivided.
new text end

new text begin Subd. 6. new text end

new text begin Information requirements. new text end

new text begin Subdivision controls must require submission
of adequate information to make a determination of land suitability under subdivision 3.
The information shall include at least the following:
new text end

new text begin (1) topographic contours at ten-foot intervals or less from United States Geological
Survey maps or more accurate sources, showing limiting site characteristics such as
wetlands, bluffs, and slopes greater than 25 percent;
new text end

new text begin (2) the surface water features required in section 505.02, subdivision 1, are shown
on plats, obtained from United States Geological Survey quadrangle topographic maps
or more accurate sources;
new text end

new text begin (3) adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing sources or from
field investigations such as soil borings, percolation tests, or other methods;
new text end

new text begin (4) information regarding adequacy of domestic water supply; extent of anticipated
vegetation and topographic alterations; near-shore aquatic conditions, including depths out
15 feet, types of bottom sediments, and a map of aquatic vegetation showing emergent,
floating-leaf, and submerged plant stands; delineation of all wetlands; and proposed
methods for controlling storm water runoff and erosion, both during and after construction
activities; and
new text end

new text begin (5) location of 100-year flood plain areas from existing maps or data.
new text end

new text begin Subd. 7. new text end

new text begin Dedications. new text end

new text begin If local governments require land or easement dedications,
they must provide easements over natural drainage or ponding areas for management
of storm water and all wetlands.
new text end

Sec. 9.

new text begin [103F.234] ACCESS LOTS AND ACCESS EASEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin To manage water surface crowding, to reduce fish and
wildlife disturbance, to prevent pollution of surface water by suspension of sediment, to
maintain property values, and to maintain natural characteristics of shorelands, shoreland
controls must regulate access to public waters.
new text end

new text begin Subd. 2. new text end

new text begin Access lots. new text end

new text begin (a) Access lots, or parcels of land that provide access to public
waters for owners of riparian lots within subdivisions, may be allowed where the local
government determines that direct riparian access is not feasible due to the presence of
protected vegetation, wetlands, or other critical fish or wildlife habitat. Access lots that
provide riparian access for owners of nonriparian lots or parcels shall be prohibited.
Where allowed by local governments, access lots shall meet or exceed the standards
in this subdivision.
new text end

new text begin (b) Access lots shall be governed by a covenant recorded on the title of every lot or
parcel of land allowed to use the access lot. These access lots shall also comply with all of
the dimensional standards in section 103F.231, subdivisions 3 and 4. Where more than six
subdivision lots are served, the width of the access lot shall be increased by 25 percent
for each additional subdivision lot in excess of six served.
new text end

new text begin (c) Access lots must be jointly owned by all of those purchasers of riparian lots
having rights of usage of the access lot and governed by an owners association.
new text end

new text begin (d) Access lots shall be suitable in their natural state for the intended activities.
All facilities shall be centralized and located in areas suitable for them. Evaluation of
suitability shall include, but is not limited to, consideration of land slope, water depth,
aquatic and shoreland vegetation, the presence of important fish and wildlife habitat, soils,
depth to groundwater, and other relevant factors.
new text end

new text begin (e) Permitted activities may include watercraft launching, loading, beaching,
mooring, or docking areas, but shall not include residential or commercial uses. A
single dock and boat launching ramp may be permitted and no owner shall own an
individual dock. Boating facilities must be located adjacent to the deepest water available.
Continuous boat mooring shall be limited to one watercraft per lot served.
new text end

new text begin (f) Covenants governing access lots shall limit the total number of vehicles allowed
to be parked and must require centralization of all common facilities and activities in the
most suitable locations on the lot to minimize topographic and vegetation alterations. All
parking areas, storage buildings, and other facilities must be screened by vegetation or
topography as much as practical from view from the public water, assuming summer,
leaf-on conditions. The covenants shall also specify which activities, such as swimming,
sunbathing, and picnicking, are allowed on the access lot. These activities shall not
conflict with general public use of the public water or the enjoyment of normal property
rights by adjacent property owners. The owners association shall enforce covenants.
new text end

new text begin (g) Access lots shall meet or exceed the shoreland vegetation buffer standards in
section 103F.231, subdivision 6, and have a vegetation management plan approved by the
local government.
new text end

new text begin (h) The impervious surface coverage for access lots must not exceed 12 percent
of lot area and storm water management must meet the standards in section 103F.231,
subdivision 13.
new text end

new text begin Subd. 3. new text end

new text begin Controlled access lots. new text end

new text begin Controlled access lots, or any lot, tract, or parcel
of land, however designated or described, intended to be used to provide accesses to
public waters for owners of nonriparian lots, are prohibited.
new text end

new text begin Subd. 4. new text end

new text begin Easement or other access. new text end

new text begin Easements to nonriparian lot owners to allow
access to public waters are prohibited. The use of any riparian lot, tract, or parcel of land,
however designated or described, other than as an access lot to provide access to public
waters for owners of nonriparian lots, including, but not limited to, by easement, share,
license, or any other legal or illegal arrangement, scheme, or plan, is prohibited. Riparian
land not used for purposes allowed under sections 103F.205 to 103F.237 shall not be
used to provide access to public waters in any circumstance, except within a subdivision
plat as provided in this section.
new text end

Sec. 10.

new text begin [103F.235] RESORTS.
new text end

new text begin Subdivision 1. new text end

new text begin New resorts. new text end

new text begin (a) When a local government allows new resort
developments, the developments shall only be permitted as a conditional use within an
established land use district identified in the local government's official controls and on
a zoning map. Designation of such land use districts must be based on the criteria in
section 103F.230. The developments are not allowed on special protection and natural
environment lakes or shorelands and within sensitive area districts.
new text end

new text begin (b) Local governments may allow the creation of new resorts if:
new text end

new text begin (1) the information requirements in section 103F.236, subdivision 2, are met;
new text end

new text begin (2) the development density evaluation steps in subdivision 5 are followed, except
for recreational campgrounds, each mobile home, recreational camping vehicle, or
camping site shall be minimally assessed 2,000 square feet as the land surface area to
be covered by structure;
new text end

new text begin (3) structure setbacks and maximum height meet the standards in sections 103F.231,
subdivision 5, paragraph (g), and 103F.236, subdivision 3, paragraph (d);
new text end

new text begin (4) erosion control and storm water management for developments meet the
standards in section 103F.231, subdivision 13. The impervious surface coverage shall
not exceed 25 percent within the total project area and in any tier, except for general
development lakes, the second and third tiers' impervious surface coverage shall not
exceed 35 percent, provided that the total project area impervious surface coverage does
not exceed 25 percent;
new text end

new text begin (5) resorts are designed and managed such that there are no garages or storage
structures associated with dwelling units/sites, no vehicle parking adjoining most dwelling
units or limited parking adjacent to dwelling units/sites, and no other amenities that would
encourage long-term residential use;
new text end

new text begin (6) if required, a marina permit has been obtained as provided under Minnesota
Rules, part 6115.0211; and
new text end

new text begin (7) development meets the design criteria in section 103F.236, subdivision 5, with
the following exceptions:
new text end

new text begin (i) shoreline recreation facilities follow standards in subdivision 4; and
new text end

new text begin (ii) common open space may include commercial facilities.
new text end

new text begin Subd. 2. new text end

new text begin Structure replacement within an existing resort. new text end

new text begin (a) Local governments
may allow resorts to maintain and replace their structures, without regard to available
density, so long as the establishment continues to operate as a resort and the standards in
this subdivision are met.
new text end

new text begin (b) Structures, including lodges, shall not be replaced any closer to any Waterbury
or setback than the existing structure. Replacement structures must meet elevation and
maximum height requirements for the relevant shoreland classification. For resorts
established prior to the date of local adoption of these standards, structures not meeting
the structure setbacks in section 103F.231, subdivision 5, must only be replaced with
structures with the same or lesser height of building, notwithstanding clause (1). There
shall be no increase in structure footprint, except as follows:
new text end

new text begin (1) an increase in the structure footprint or height of structure may be permitted to
minimally meet federal, state, or local dwelling standards or codes, provided there is no
increase in structure footprint lakeward and no increase in structure width as measured
parallel to shore. To "minimally meet" such standards or codes means that the replacement
structure does not add new architectural elements, such as more bedrooms, that the
original structure did not have; and
new text end

new text begin (2) a structure within the first tier that is moved or replaced outside the shore impact
zone and landward to meet the structure setback requirements to the maximum extent
feasible within the tier with regard to wetlands, bluffs, land below the ordinary high
water level of public waters, and sewage treatment systems, may be permitted a larger
building footprint provided it conforms with the allowable total land surface area that
can be covered by structures in each tier as calculated in subdivision 5. The impervious
surface coverage within the first tier shall not exceed 25 percent.
new text end

new text begin (c) A specified area within the development shall be restored and maintained in a
natural state to the following standards:
new text end

new text begin (1) for developments with less than 50 percent of shore impact zone currently in a
natural state, at least ten percent of the shore impact zone and shoreline shall be restored to
its natural state or, alternatively, in front of each replacement structure for its entirety, a
buffer strip consisting of native vegetation of trees, shrubs, or understory plants extending
from the shoreline landward 35 feet shall be created according to a plan approved by
the local government; and
new text end

new text begin (2) for developments with at least 50 percent of the shore impact zone currently
in a natural state, this condition shall be preserved and maintained according to a plan
approved by the local government.
new text end

new text begin (d) For resorts with 20 or more dwelling units, erosion control and storm water
management for the entire resort shall be designed by certified personnel in erosion
and sediment control using the best management practices found in the latest Pollution
Control Agency's storm water best management practices manual, approved by the local
government, and effectively implemented. For resorts with less than 20 dwelling units,
erosion control and storm water management plans for the entire resort shall be approved
by the local government and effectively implemented.
new text end

new text begin (e) For developments that exceed or will exceed the allowable density as calculated in
subdivision 5, storm water runoff from the expansion structures and associated impervious
surfaces created shall be specifically mitigated using best management practices that
may include filter strips, infiltration basins, rain gardens, and other conservation designs.
Best management practices must be designed and installed in accordance with the latest
Pollution Control Agency's storm water best management practices manual.
new text end

new text begin Subd. 3. new text end

new text begin Resort expansion. new text end

new text begin (a) Local governments may allow resorts to expand
so long as the establishment continues to operate as a resort and the standards in this
subdivision are met.
new text end

new text begin (b) There must be available additional density as calculated in subdivision 5 and the
expansion must not result in exceeding the authorized density.
new text end

new text begin (c) The impervious surface coverage shall not exceed 25 percent within the total
project area and in any tier, except for general development lakes, the second and third
tiers' impervious surface coverage shall not exceed 35 percent, provided that the total
project area impervious surface coverage does not exceed 25 percent.
new text end

new text begin (d) For those resorts created after the date of local adoption of the standards in
sections 103F.227 to 103F.237, structure setbacks and maximum heights shall meet the
standards in sections 103F.231, subdivision 5, paragraph (g), and 103F.236, subdivision 3,
paragraph (d). For resorts established prior to the date of local adoption of the standards in
sections 103F.227 to 103F.237, structure setbacks and maximum heights shall meet the
standards in section 103F.231, subdivision 5.
new text end

new text begin (e) Expansions shall be designed and managed such that there are no garages or
storage structures associated with dwelling units/sites and no other amenities that would
encourage long-term residential use.
new text end

new text begin (f) On-site water supply and sewage treatment systems shall be designed and
installed to meet or exceed applicable standards or rules of the Department of Health and
the Pollution Control Agency and those in section 103F.232. Alternative on-site sewage
treatment systems processes, such as the use of aerobic treatment systems to prolong the
life of drainage fields, may be allowed if they comply with Minnesota Rules, chapter 7080.
new text end

new text begin (g) If required, a marina permit must be obtained as provided under Minnesota
Rules, part 6115.0211, for the development.
new text end

new text begin (h) For expansions to existing resorts that will result in less than 20 total dwelling
units and less than 15 percent impervious surface coverage in the first tier, storm water
runoff from the expansion structures and associated impervious surfaces created shall be
specifically mitigated using best management practices that may include filter strips,
infiltration basins, rain gardens, and other conservation designs. Best management
practices must be designed and installed in accordance with the latest Pollution Control
Agency storm water best management practices manuals.
new text end

new text begin (i) For expansions to existing resorts that will result in less than 20 total dwelling
units and more than 15 percent impervious surface coverage in the first tier, the expansion
shall meet the following standards:
new text end

new text begin (1) erosion control and storm water management for developments must meet the
standards in section 103F.231, subdivision 13; and
new text end

new text begin (2) a specified area within the development shall be restored and maintained in a
natural state to the following standards:
new text end

new text begin (i) for developments with less than 50 percent of shore impact zone currently in a
natural state, at least ten percent of the shore impact zone and shoreline shall be restored to
its natural state or, alternatively, in front of each replacement structure for its entirety, a
buffer strip consisting of native vegetation of trees, shrubs, or understory plants extending
from the shoreline landward 35 feet shall be created according to a plan approved by
the local government; and
new text end

new text begin (ii) for developments with at least 50 percent of the shore impact zone currently
in a natural state, this condition shall be preserved and maintained according to a plan
approved by the local government.
new text end

new text begin (j) For expansions to existing resorts that result in more than 20 total dwelling
units, the expansion shall meet the standards in subdivision 1, except for subdivision 1,
paragraph (b), clause (5).
new text end

new text begin Subd. 4. new text end

new text begin Shoreline recreation facilities for resorts. new text end

new text begin Shoreline recreation facilities,
including, but not limited to, swimming areas, docks, watercraft mooring areas, and
launching ramps shall be clustered or grouped in suitable areas. Evaluation of suitability
must include consideration of land slope, water depth, aquatic and shoreland vegetation,
soils, depth to groundwater and bedrock, or other relevant factors. Boating facilities shall
be located adjacent to the deepest water available and avoid or minimize impacts to aquatic
vegetation. Continuous docking space shall only be used by transient, short-term lodgers
at the resort. The resort licensee may also have one dock for personal use. Launching ramp
facilities, including a small dock for loading and unloading equipment, may be provided
for use by lodgers or the public not lodged. Nonlodger vehicles shall be parked so they
are screened by vegetation or topography as much as practical from view from the public
water. All shoreline facilities must also comply with Minnesota Rules, part 6115.0210.
new text end

new text begin Subd. 5. new text end

new text begin Resort development density evaluation steps. new text end

new text begin The density evaluation
steps for resort developments are as follows:
new text end

new text begin (1) the tract of land occupied by the establishment shall be divided into tiers by
locating one or more lines approximately parallel to a line that identifies the ordinary high
water level at the following intervals, proceeding landward:
new text end

new text begin Shoreland tier dimensions (feet): new text end
new text begin General development lakes - first tier (nearshore area) new text end	new text begin 200 new text end
new text begin General development lakes - second tier (lakeview area) new text end	new text begin 267 new text end
new text begin Recreational development lakes - first tier (nearshore area) new text end	new text begin 267 new text end
new text begin Recreational development lakes - second tier (lakeview area) new text end	new text begin 267 new text end
new text begin General and recreational development lakes - third tier (forestview area) new text end	new text begin all remaining lot area new text end
new text begin Natural environment lakes - all tiers new text end	new text begin 400 new text end
new text begin All river classes new text end	new text begin 300; new text end

new text begin (2) select the appropriate ratio to determine the land surface area that can be covered
by structures from the following table:
new text end

new text begin Public waters classes: new text end
new text begin General development lakes - first tier (nearshore area) new text end	new text begin 0.125 new text end
new text begin General development lakes - second tier (lakeview area) new text end	new text begin 0.075 new text end
new text begin Recreational development lakes - first tier (nearshore area) new text end	new text begin 0.075 new text end
new text begin Recreational development lakes - second tier (lakeview area) new text end	new text begin 0.075 new text end
new text begin General and recreational development lakes - third tier (forestview area) new text end	new text begin 0.075 new text end
new text begin Natural environment lakes - all tiers new text end	new text begin 0.038 new text end
new text begin All river classes new text end	new text begin 0.038; new text end

new text begin (3) multiply the area within each tier, excluding all wetlands, bluffs, and land below
the ordinary high water level of public waters, by the ratio to yield the total land surface
area that can be covered by structures in each tier. For recreational campgrounds, each site
shall be minimally assessed 400 square feet as the land surface area covered;
new text end

new text begin (4) determine whether the project is eligible for higher densities. For general and
recreational development lakes, higher densities allowed in the second and third tiers shall
be set based on exceeding design criteria in section 103F.236, subdivision 5, or on lakes
where over 50 percent of the shore impact zone is permanently protected in its natural
state. The local government may decide how much, if any, higher density to allow for
each tier, but must not exceed those permitted using the following alternative table:
new text end

new text begin Public waters classes: new text end
new text begin General development lakes - all tiers new text end	new text begin 0.125 new text end
new text begin Recreational development lakes - first tier (nearshore area) new text end	new text begin 0.075 new text end
new text begin Recreational development lakes - second and third tier new text end	new text begin 0.100; and new text end

new text begin (5) allowable densities may be transferred from any tier to any other tier further from
the shoreline of the lake or river, but must not be transferred to any other tier closer to
the shoreline.
new text end

new text begin Subd. 6. new text end

new text begin Conversions. new text end

new text begin (a) Local governments may allow existing resorts to be
converted to a planned unit or residential development if all of the standards in this
subdivision are met.
new text end

new text begin (b) Conversions to planned unit developments shall be evaluated using the same
procedures and standards in section 103F.236. All inconsistencies between existing
features of the development and these standards shall be identified and corrected. For
conversions to residential lots, all inconsistencies between existing features of the
development and the standards in section 103F.231 must be identified and corrected,
except the local government may allow deficiencies in suitable area to be addressed using
mitigating measures.
new text end

new text begin (c) Dwelling units or dwelling site densities shall meet the standards in section
103F.236 for conversion to planned unit developments and the standards in section
103F.231 for conversions to residential lots.
new text end

new text begin (d) Deficiencies involving water supply and sewage treatment, impervious coverage,
common open space, and shore recreation facilities shall be corrected as part of the
conversion.
new text end

new text begin (e) Shore and bluff impact zone deficiencies shall be corrected as part of the
conversion. Where applicable, these improvements must include:
new text end

new text begin (1) removal of extraneous buildings, docks, boat launching areas and ramps, or other
facilities located in shore or bluff impact zones to comply with all the standards for a
new residential or planned unit development, including, but not limited to, setbacks and
shoreland alterations and restorations; and
new text end

new text begin (2) remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water to meet shoreland
vegetation buffer standards in section 103F.231, subdivision 6.
new text end

new text begin Subd. 7. new text end

new text begin Administration and maintenance requirements. new text end

new text begin (a) Shoreland
vegetation shall be preserved, restored, and maintained according to the approved
shoreland vegetation plan. The loss of vegetation in restoration sites shall be replaced.
new text end

new text begin (b) Provisions for determination of the development as a resort shall be adopted in
local controls. Control provisions may include requirements for filing annual reports
detailing the use of the facility and all dwelling units, by separately breaking out personal
use and rental use on a dwelling unit basis, and including restrictions on personal use
within the establishment as an informational requirement.
new text end

new text begin (c) No covenants or deed restrictions shall be created or modified without the
local government's determination that such instruments or proposed changes to such
instruments fully comply with the definition of a resort in section 103F.205 and the
requirements of section 103F.235.
new text end

new text begin (d) Provisions that require resorts to inform investors of potential risks shall be
adopted in local controls. Such notice shall be deed recorded on the parcel that the resort
is located that dwelling units may be required to be moved or removed in compliance with
subdivision 6 should the resort cease to exist.
new text end

new text begin Subd. 8. new text end

new text begin Technical review. new text end

new text begin (a) For all new resort developments and resort
expansions under subdivision 3, paragraph (j), a shoreland technical review shall be
conducted by the Department of Natural Resources. The local government shall initiate the
process by forwarding all necessary supporting documents and technical data, including
any hearing meeting minutes and local government comments on the development, to the
Department of Natural Resources. The local government shall notify the applicant that the
60-day deadline for response may be extended according to section 15.99.
new text end

new text begin (b) Department of Natural Resources staff knowledgeable and trained to evaluate
runoff water quantity and quality and the functions of aquatic, riparian, and transitional
upland habitats shall conduct the review. The technical review process may also include
invitations to outside experts to help in the review. The panel shall make no findings or
recommendations without an on-site inspection. The review process shall make technical
findings and recommendations regarding runoff quantity and quality and the functions of
aquatic, riparian, and transitional upland habitats.
new text end

new text begin (c) Within 30 days of county initiation, the department shall provide written
recommendations and advice to the local government on the project's compliance with
the standards in this subdivision. The local government shall consider the advice of the
department's technical review in its approval or denial of a plan or determination.
new text end

Sec. 11.

new text begin [103F.236] CONSERVATION SUBDIVISION AND PLANNED UNIT
DEVELOPMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope of provisions. new text end

new text begin Local governments shall, with approval of the
commissioner, adopt provisions into shoreland management controls to allow conservation
subdivision and planned unit developments. The provisions may allow developments for
new projects on undeveloped land, redevelopment of previously built sites, or conversions
of existing buildings and land. The provisions must be consistent with standards in this
section. Each lot or dwelling site created through subdivision must be suitable in its
natural state for the proposed use with minimal alteration.
new text end

new text begin Subd. 2. new text end

new text begin Information requirements. new text end

new text begin Local governments and developers may hold
discussions prior to addressing the information requirements under this subdivision, so that
developers have an opportunity to understand the review process and community interests.
Provisions for submission of adequate information by project proponents must be included
in official controls. The provisions must require submission of at least the following:
new text end

new text begin (1) topographic contours at ten-foot intervals or less from United States Geological
Survey maps or more accurate sources, showing limiting site characteristics such as bluffs
and slopes greater than 25 percent;
new text end

new text begin (2) the surface water features required in section 505.02, subdivision 1, to be shown
on plats, obtained from United States Geological Survey quadrangle topographic maps
or more accurate sources;
new text end

new text begin (3) adequate soils information to determine suitability for building and two standard
on-site sewage treatment system capabilities for every lot from the most current existing
sources or from field investigations such as soil borings, percolation tests, or other
methods;
new text end

new text begin (4) information regarding adequacy of domestic water supply; extent of anticipated
vegetation and topographic alterations; near-shore aquatic conditions, including depths out
to 15 feet, type of bottom sediments, and aquatic vegetation; and proposed methods for
controlling storm water runoff and erosion, both during and after construction activities;
new text end

new text begin (5) a site plan for the project showing property boundaries, surface water features,
existing and proposed structures, sewage treatment systems, topographic contours at
ten-foot intervals or less, trees, unusual geological features, vernal pools, wetlands,
swimming beaches, docks and continuous mooring sites, and other lake-related
implements, including rafts and buoys, markers delineating swimming and bathing areas,
beaches, and other facilities;
new text end

new text begin (6) documents that explain how the project is designed and will function. The
documents shall include all covenants, operating rules and procedures of any property
owners association, and easements associated with the development, a concept statement
describing the project and all structures, and various other drawings or plans as required
by the local government;
new text end

new text begin (7) a context map showing the natural features on both the proposed development
site and on adjacent properties; and
new text end

new text begin (8) for conservation easements, a statement of preliminary acceptance from a
qualified holder as defined in section 84C.01.
new text end

new text begin Subd. 3. new text end

new text begin Dwelling unit or site density evaluation. new text end

new text begin (a) Proposed new or expansions
to existing developments must be evaluated using the procedures and standards in
paragraphs (b) to (d).
new text end

new text begin (b) The project parcel must be divided into tiers by locating lines approximately
parallel to a line that identifies the ordinary high water level at the following intervals,
proceeding landward:
new text end

new text begin Shoreland tier dimensions (feet): new text end
new text begin General development lakes - first tier new text end	new text begin 200 new text end
new text begin General development lakes - second tier new text end	new text begin 267 new text end
new text begin Recreational development lakes - first tier new text end	new text begin 267 new text end
new text begin Recreational development lakes - second tier new text end	new text begin 267 new text end
new text begin General and recreational development lakes - third tier new text end	new text begin all remaining lot area new text end
new text begin Natural environment lakes - all tiers new text end	new text begin 400 new text end
new text begin Sensitive area districts (lake) - all tiers new text end	new text begin 400 new text end
new text begin Special protection lakes - all tiers new text end	new text begin 400 new text end
new text begin All river classes new text end	new text begin 300. new text end

new text begin (c) The suitable area within each tier is next calculated. This area is then subjected
to the development density evaluation steps to arrive at an allowable number of dwelling
units/sites. In areas with overlapping tiers due to close proximity of public waters to each
other, topographic divides shall be used to determine which shoreland standard would
apply, and in those areas where the topographic divide can not be determined, the more
restrictive rules for the area shall be used.
new text end

new text begin (d) Minimum structure setbacks must be at least:
new text end

new text begin Shoreland class: new text end	new text begin Ordinary high water level structure setback (feet) new text end
new text begin Special protection new text end	new text begin 200 new text end
new text begin Natural environment new text end	new text begin 200 new text end
new text begin Recreational development new text end	new text begin 150 new text end
new text begin General development new text end	new text begin 120 new text end
new text begin Agricultural, urban, and tributary river new text end	new text begin 100 new text end
new text begin Forested and transition river new text end	new text begin 150 new text end
new text begin Remote river new text end	new text begin 200 new text end
new text begin District: new text end
new text begin Sensitive area district new text end	new text begin 200. new text end

new text begin Subd. 4. new text end

new text begin Conservation subdivision and planned unit development density
calculation. new text end

new text begin To determine the density calculation for developments, the suitable area
within each tier is divided by the single residential lot size standard for the shoreland class
in section 103F.231, subdivisions 3 and 4. This calculation determines the maximum
number of dwelling units or sites authorized for each tier. 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. Structures that straddle
tiers shall be rated as part of the tier closer to the ordinary high water level.
new text end

new text begin Subd. 5. new text end

new text begin Development criteria. new text end

new text begin (a) All developments must contain at least three
contiguous acres of buildable area with a lot width of 400 feet.
new text end

new text begin (b) Developments shall contain open space meeting all of the following criteria:
new text end

new text begin (1) at least 50 percent of the total project area must be permanently preserved as
common open space. Common open space must include areas with physical characteristics
unsuitable for development in their natural state and areas containing significant historic
sites or unplatted cemeteries. At least 75 percent of the common open space must
be upland area. At least 33 percent of the common open space shall be retained in a
contiguous area;
new text end

new text begin (2) the land area of all dwelling units/sites and accessory structures, the space
between buildings in a cluster, an area of 25 feet around each structure, all road
rights-of-way, and all land covered by impervious surfaces, road surfaces, parking areas,
or structures, shall not be included in the computation of common open space;
new text end

new text begin (3) the development must have a shoreland vegetation buffer plan designed and
implemented meeting the standards in section 103F.231, subdivision 6;
new text end

new text begin (4) open space may include outdoor recreational facilities for use by owners of the
dwelling units/sites, or the public;
new text end

new text begin (5) the shore and bluff impact zones, based on structure setbacks in subdivision
3, paragraph (d), shall be included as common open space. New developments and
redevelopments of existing developments shall meet vegetation standards in section
103F.231, subdivision 6. No impervious surfaces are allowed within the shore impact
zone, except for boat launches, stairways, lifts, or landings. For conservation subdivisions,
there must be at least one access corridor to the shore impact zone common open space for
use by all members of the owners association. The width of access corridors shall exceed
50 feet and access corridors shall be in upland areas;
new text end

new text begin (6) common open space shall not include commercial facilities;
new text end

new text begin (7) the appearance of common open space areas, including topography, vegetation,
and allowable uses, shall be preserved by use of permanent easements, public dedication
and acceptance, or other equally effective and permanent means. For permanent
easements, a willing party for receiving easements must be declared, otherwise a party
may be assigned pursuant to section 375.18, subdivision 12; and
new text end

new text begin (8) common open space may include subsurface sewage treatment systems if the use
of the space is restricted to avoid adverse impacts on the systems.
new text end

new text begin (c) Centralization and design of facilities and structures must be done according to
the following standards:
new text end

new text begin (1) planned unit developments shall 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 Department of Health and the Pollution Control Agency. On-site sewage treatment
systems must be located on the most suitable areas of the development and sufficient
area free of limiting factors must be provided for a replacement standard soil treatment
system for each sewage system;
new text end

new text begin (2) conservation subdivisions shall be connected to publicly owned water supply
and sewer systems, if available. Where publicly owned water supply and sewer systems
are not available, conservation subdivisions shall either establish dedicated areas for
individual sewage treatment systems or establish centralized water supply and sewage
treatment systems to serve the entire subdivision;
new text end

new text begin (3) dwelling units/sites must be clustered into one or more groups and located
on suitable areas of the development. The dwelling units/sites must be designed and
located to meet or exceed the following dimensional standards for the relevant shoreland
classification: elevation above the surface water features and maximum height. The site
design must incorporate the use of narrower rights-of-way than conventional subdivisions,
some single-loading streets, looped roadways versus cul-de-sacs, pervious surfaces, and
maximum road setbacks for house fronts and preservation of trees, unique resources, and
scenic vistas;
new text end

new text begin (4) for conservation subdivisions, riparian lot standards shall meet the minimums in
section 103F.231, subdivisions 3 and 4, and lots shall not extend into the shore impact
zone. For conservation subdivisions, the nonriparian lot standards that apply are the lot
size and lot width standards in section 103F.231, subdivisions 3 and 4, however these are
maximum lot size and lot width standards for these developments, not minimum lot size
and lot width standards;
new text end

new text begin (5) shore recreation facilities, including but not limited to swimming areas, docks,
and watercraft mooring areas and launching ramps must be clustered or grouped in
suitable areas. Evaluation of suitability must include consideration of land slope, water
depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other
relevant factors. Boating facilities shall be located adjacent to the deepest water available.
The number of spaces provided for continuous mooring or docking of watercraft shall not
exceed one for each authorized dwelling unit or site in the first tier. Individual docks shall
not be allowed. If the water body does not have a public access boat launching facility,
launching ramp facilities, including a small dock for loading and unloading equipment,
may be provided for use by occupants of dwelling units/sites located in other tiers and
their watercraft shall be stored outside the shore impact zone such that they are not visible
from the public water;
new text end

new text begin (6) structures, parking areas, and other facilities must meet or exceed structure
setbacks in section 103F.231, subdivision 5, paragraph (a), and 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;
new text end

new text begin (7) water-oriented accessory structures and facilities may be allowed if they meet
or exceed design standards under section 103F.231, subdivision 5, paragraph (h), and
are centralized; and
new text end

new text begin (8) accessory structures and facilities may be allowed if they meet or exceed
standards under section 103F.231, subdivision 5, paragraph (h), and are centralized.
new text end

new text begin (d) Erosion control and storm water management for developments must meet
the standards in section 103F.231, subdivision 13. For planned unit developments, the
impervious surface coverage shall not exceed 15 percent in either the total project area or
the first tier. For conservation subdivisions, the impervious surface coverage for lots must
meet the standards in section 103F.231, subdivision 13. Erosion control and storm water
management shall be designed by certified personnel in erosion and sediment control
using the best management practices found in the latest Pollution Control Agency's
storm water best management practices manual, approved by the local government, and
effectively implemented.
new text end

new text begin (e) Before final approval of all developments, local governments must ensure
adequate provisions have been developed for preservation and maintenance in perpetuity of
common open spaces and for the continued existence and functioning of the development
as a community. Local governments may assess a onetime fee for purposes of monitoring
and enforcing terms and conditions of any common open space governing instruments.
new text end

new text begin (f) Deed restrictions, permanent conservation easements, public dedication and
acceptance, or other equally effective and permanent means must be provided to ensure
perpetual preservation and maintenance of common open space. For areas greater or equal
to ten acres, easements shall be held by a qualified unit of government, conservation
organization, land trust, or similar organization authorized to hold interest in real property
according to section 84C.01, as approved by the local government. Local units of
government may also hold or cohold an easement. The instruments of the easement must
include all of the following protections:
new text end

new text begin (1) commercial uses are prohibited for noncommercial developments;
new text end

new text begin (2) vegetation and topographic alterations other than to prevent personal injury or
property damage and for restoration efforts based on an approved shoreland vegetation
buffer plan are prohibited;
new text end

new text begin (3) construction of additional buildings, impervious surfaces, or storage of vehicles
and other materials is prohibited;
new text end

new text begin (4) beaching of motorized watercraft is prohibited; and
new text end

new text begin (5) dumping, storage, processing, burning, burying, or landfill of solid or other
wastes is prohibited.
new text end

new text begin (g) Shoreland vegetation shall be preserved, restored, and maintained according to
the approved shoreland vegetation buffer plan. The loss of vegetation shall be replaced in
kind.
new text end

new text begin (h) Unless an equally effective alternative community framework is established,
when applicable, all residential developments shall use an owners association with the
following features:
new text end

new text begin (1) membership is mandatory for each dwelling unit or site purchaser and any
successive purchasers;
new text end

new text begin (2) each member must pay a pro rata share of the association's expenses and unpaid
assessments can become liens on units or sites;
new text end

new text begin (3) assessments must be adjustable to accommodate changing conditions; and
new text end

new text begin (4) the association is responsible for insurance, taxes, and maintenance of all
commonly owned property and facilities and it must enforce covenants, deed restrictions,
and easements. The association must have a land stewardship plan for common open space
areas greater or equal to ten acres specifically focusing on the long-term management of
these open space lands.
new text end

new text begin (i) Before establishing or recording any common interest community, the developer
shall submit documents, including all covenants, conditions, restrictions, easements, and
operating rules and procedures associated with the development for review and approval
by the local government unit according to section 515B.1-106. Under no circumstances
shall covenants or deed restrictions be modified without the local government unit's
determination that the proposed changes fully comply with the requirements of this section.
new text end

new text begin (j) Local governments may allow other land uses and facilities to be converted
to planned unit developments if:
new text end

new text begin (1) proposed conversions are evaluated using the same procedures and standards
presented in this section for developments involving all new construction. Inconsistencies
between existing features of the development and these standards shall be identified and
corrected;
new text end

new text begin (2) deficiencies involving water supply and sewage treatment, impervious coverage,
common open space, and shore recreation facilities are corrected as part of the conversion
or as specified in the conditional use permit;
new text end

new text begin (3) shore and bluff impact zone deficiencies are corrected as part of the conversion.
These improvements must include, where applicable:
new text end

new text begin (i) removal of extraneous buildings, docks, mooring sites, boat launching areas and
ramps, or other facilities located in shore or bluff impact zones; and
new text end

new text begin (ii) remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water to meet shoreland
vegetation buffer standards in section 103F.231, subdivision 6; and
new text end

new text begin (4) dwelling units or dwelling site densities meet the standards in this section.
new text end

Sec. 12.

new text begin [103F.237] ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Administration and enforcement. new text end

new text begin Local governments must
provide for the administration and enforcement of their shoreland management controls
by establishing permit procedures for lot creation, building construction, installation of
sewage treatment systems, and grading and filling.
new text end

new text begin Subd. 2. new text end

new text begin Variances. new text end

new text begin (a) Variances may only be granted according to chapter 394
or 462, as applicable. Variances may not circumvent the general purposes and intent of
the official controls.
new text end

new text begin (b) Variances shall not be granted:
new text end

new text begin (1) to allow any use that is prohibited in the zoning district in which the subject
property is located;
new text end

new text begin (2) for lots created after the enactment of sections 103F.227 to 103F.237 that do not
meet the minimum lot dimension standards in section 103F.231, subdivisions 3 and 4,
except variances for lots of record may be granted provided that the standards in section
103F.231, subdivision 2, are met; or
new text end

new text begin (3) to exceed the impervious surface coverage standards on lots that meet the
minimum lot dimension standards in section 103F.231, subdivisions 3 and 4, without
mitigation using best management practices that may include filter strips, infiltration
basins, rain gardens, and other conservation designs found in the latest Pollution Control
Agency's storm water best management practices manual.
new text end

new text begin (c) Granting of variances is dependent on determination, by reason of exceptional
circumstances, of undue hardship. "Undue hardship" means:
new text end

new text begin (1) the property cannot be put to a reasonable use if used under the conditions
allowed by the official controls;
new text end

new text begin (2) the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and
new text end

new text begin (3) the variance, if granted, will not alter the essential character of the locality.
new text end

new text begin Economic considerations alone do not constitute a hardship if a reasonable use for the
property exists under the terms of the ordinance.
new text end

new text begin (d) Variances shall only be granted when they are in harmony with the intent of the
ordinance and they are consistent with the local government's comprehensive plan.
new text end

new text begin (e) Conditions of issuance of any variance shall include the following:
new text end

new text begin (1) a certificate of compliance of the septic system. The septic system must be
inspected and upgraded, if necessary, to meet or exceed the standards or rules of the
Department of Health and the Pollution Control Agency, specifically those in section
103F.232 and Minnesota Rules, chapter 7080, exclusive of the setback from the ordinary
high water level in section 103F.232, subdivision 2, paragraph (d);
new text end

new text begin (2) the shore impact zone or restoration of the shore impact zone shall meet the
standards in section 103F.231, subdivision 6;
new text end

new text begin (3) when issuance of the variance will likely alter the hydrology of the parcel or the
land surface covered by structures exceeds or will exceed 5,000 square feet, erosion
control and storm water management plans for the parcel shall be approved by the local
government and effectively implemented;
new text end

new text begin (4) the impervious surface coverage shall be brought into compliance or, if not
possible, to the maximum extent practicable with the impervious surface coverage
requirements of section 103F.231, subdivision 13. For residential properties that will
exceed 20 percent impervious surface coverage, a properly designed storm water pollution
prevention plan shall be approved by the local government and effectively implemented;
and
new text end

new text begin (5) other conditions to ensure compliance and to protect adjacent properties and
the public interest.
new text end

new text begin Subd. 3. new text end

new text begin Conditional uses. new text end

new text begin (a) In addition to any existing standards local
governments may have for reviewing conditional uses, the following standards must
be incorporated into local controls and used for reviewing conditional uses located in
shoreland areas:
new text end

new text begin (1) a thorough evaluation of the topographic, vegetation, and soils conditions on
the site to ensure:
new text end

new text begin (i) prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
new text end

new text begin (ii) limiting visibility of structures and other facilities as viewed from public waters;
and
new text end

new text begin (iii) adequacy of the site for water supply and on-site sewage treatment; and
new text end

new text begin (2) an assessment of the types, uses, and numbers of watercraft that the project will
generate in relation to the suitability of public waters to safely accommodate the watercraft.
new text end

new text begin (b) Conditions of issuance of any conditional use permit shall include the following:
new text end

new text begin (1) the septic system must be inspected and upgraded, if necessary, to meet or exceed
the standards or rules of the Department of Health and the Pollution Control Agency,
specifically those in section 103F.232 and Minnesota Rules, chapter 7080, exclusive
of the setback from the ordinary high water level in section 103F.232, subdivision 2,
paragraph (d);
new text end

new text begin (2) the shore impact zone or restoration of the shore impact zone shall meet the
standards in section 103F.231, subdivision 6;
new text end

new text begin (3) when issuance of the conditional use permit will alter the hydrology of the
parcel, erosion control and storm water management plans for the parcel shall be approved
by the local government and effectively implemented; and
new text end

new text begin (4) the impervious surface coverage shall be brought into compliance or, if not
possible, to the maximum extent practicable with the impervious surface coverage
requirements of section 103F.231, subdivision 13. For residential properties that will
exceed 20 percent impervious surface coverage, a properly designed storm water pollution
prevention plan shall be approved by the local government and effectively implemented.
new text end

new text begin (c) Local governments may impose other conditions when granting conditional use
permits that specify: increased setbacks from public waters; location, design, and use
requirements for watercraft launching or docking and for vehicular parking; structure or
other facility design, use, and location; phasing of construction; and other conditions
considered necessary by the local unit of government.
new text end

new text begin Subd. 4. new text end

new text begin Nonconformities. new text end

new text begin (a) Local governments must require upgrading or
replacement of any existing, on-site sewage treatment system identified as a nonconformity
under a program established under section 103F.232. Systems installed according to
all applicable local shoreland management standards adopted under sections 103F.201
to 103F.221, in effect at the time of installation may be considered as conforming unless
they are determined to be failing, except that systems using cesspools, leaching pits,
seepage pits, or other deep disposal methods, or systems with less soil treatment area
separation above groundwater than required by Minnesota Rules, chapter 7080, shall be
considered nonconforming.
new text end

new text begin (b) All nonconformities other than on-site sewage treatment systems must be
managed according to applicable state statutes and local government official controls.
new text end

new text begin (c) An increase in nonconformity of a structure is any change in a structure or
property that causes further deviation from the standards creating the nonconformity such
as, but not limited to, reduction in setback distance, addition of structure into the shore
impact or secondary shoreline buffer zones, increase in impervious surface coverage, or
increase in height of a structure. Property changes or structure expansions that either meet
the dimensional standard or that cause no further increase in the extent of nonconformance
of the existing structure shall not be considered an increase of nonconformity. For the
purpose of these standards, there is no increase in nonconformity with the setback and
shoreline buffer requirements if the expansion of a structure in the secondary shoreline
buffer zone extends landward; however, there would be an increase in nonconformity if
the structure expanded in width as measured parallel to the shoreline.
new text end

new text begin Subd. 5. new text end

new text begin Shoreland management by townships. new text end

new text begin (a) Townships may adopt
shoreland management controls under authority of section 394.33, subdivision 1, if the
controls are not inconsistent with or less restrictive than the controls adopted by the county
in which the township is located.
new text end

new text begin (b) For the purposes of sections 103F.227 to 103F.237, shoreland management
controls adopted by townships will only be considered to be consistent with county
controls if they cover the same full range of shoreland management provisions covered
by the county controls, contain dimensional standards at least as restrictive as those in
the county controls, and do not allow land uses in particular areas that are not allowed
under the county's official controls.
new text end

new text begin (c) The township must demonstrate to the county board that their proposed ordinance
and administration is at least as restrictive as the county's prior to final adoption by the
township. Townships must provide for administration and enforcement of shoreland
management controls at least as effective as county implementation. Townships that adopt
adequate shoreland controls must follow all of the notification procedures in subdivision
7. After adequate shoreland management controls are adopted by a township, property
owners must only obtain necessary permits and approvals as required in the township
shoreland management controls. Property owners do not have to obtain similar permits or
approvals under the county's shoreland controls.
new text end

new text begin Subd. 6. new text end

new text begin Joint exercise of powers. new text end

new text begin To facilitate more logical, consistent, and
efficient administration of shoreland management controls, local governments are
encouraged to enter into joint powers agreements with adjacent or otherwise similarly
situated local units of government to jointly administer shoreland management controls
pursuant to the procedures and authority of sections 394.32 and 471.59.
new text end

new text begin Subd. 7. new text end

new text begin Notification procedures. new text end

new text begin (a) Copies of all notices of any public hearings
to consider variances, amendments, or conditional uses under local shoreland management
controls must be sent to the commissioner or the commissioner's designated representative
and postmarked at least ten days before the hearings. Notices of hearings to consider
proposed plats must include copies of the plats.
new text end

new text begin (b) A copy of approved amendments and plats and final decisions granting variances
or conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked within
ten days of final action.
new text end

new text begin (c) Townships with shoreland management controls adopted under subdivision 5
must also provide these materials to the zoning official of the county.
new text end

new text begin Subd. 8. new text end

new text begin Shoreline steward program. new text end

new text begin (a) Through use of a grant program, local
governments, lake improvements, lake improvement districts, and lake associations are
encouraged to establish shoreland protection incentive programs that meet the criteria
in paragraphs (b) and (c).
new text end

new text begin (b) A lake home owner should receive the good steward reward with the following
shoreland management standards:
new text end

new text begin (1) a buffer zone consisting of native vegetation of trees, shrubs, understory, and
forbes of at least 60-foot width existed along the entire shore, except for a path less than
six feet, throughout the year;
new text end

new text begin (2) no pesticides were used to treat aquatic plants;
new text end

new text begin (3) no mechanical alteration of emergent or floating-leaf aquatic vegetation or lake
sediment was used;
new text end

new text begin (4) no fertilizer was used; and
new text end

new text begin (5) the total area occupied by waterfront accessory structures, for example, docks
and boat stations, was less than 750 square feet.
new text end

new text begin (c) A resort owner should receive the good steward reward with the following
shoreland management standards:
new text end

new text begin (1) at least 50 percent of the resort is permanently preserved as common open space;
new text end

new text begin (2) vegetative coverage for over 50 percent of the shore impact zone meets or
exceeds the standards in section 103F.231, subdivision 6;
new text end

new text begin (3) erosion control and storm water management meets or exceeds the standards in
section 103F.231, subdivision 13;
new text end

new text begin (4) no pesticides were used to treat aquatic plants;
new text end

new text begin (5) no mechanical alteration of emergent or floating-leaf aquatic vegetation or lake
sediment was used; and
new text end

new text begin (6) no fertilizer was used.
new text end