See also: 1997 Minnesota Rules Index
6105.0600 STATUTORY AUTHORITY.
Parts 6105.0600 to 6105.0760 are authorized by Minnesota Statutes 1974, section 104.35.
6105.0605 DESIGNATION OF RIVER.
That portion of the Kettle River from the Carlton-Pine county line to its confluence with the Saint Croix River is designated a component of the Minnesota wild and scenic rivers system.
Parts 6105.0600 to 6105.0760 apply to those portions of the river and its designated wild and scenic river land use districts indicated by the land use district legal descriptions of part 6105.0730.
Parts 6105.0600 to 6105.0760 provide standards and criteria for state and local management of the designated land use districts of the Kettle River wild and scenic river. They establish the manner in which public recreational use of the river and public and private development of the land use districts may take place.
6105.0625 CLASSIFICATION OF RIVER.
The Kettle River from the Carlton-Pine county line downstream to the Kettle River dam site at Sandstone is classified as scenic. The Kettle River from the dam downstream to its confluence with the Saint Croix River is classified as wild.
6105.0630 RECREATION MANAGEMENT.
Subpart 1. Policy. As provided for in the management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the wild and scenic river land use districts. The development of selected land- and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts, as provided for in part 6105.0210.
Subp. 2. Design specifications. As provided for in part 6105.0100, subpart 3 and the Kettle River management plan, the development of public or private recreational facilities within the wild or scenic river land use districts shall conform to the design specification guidelines as shown in part 6105.0760, subparts 1 to 6.
Subp. 3. Camping. No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to serve the public demand for these.
Subp. 4. Corridor trails. No Department of Natural Resources state corridor trails shall be established in either the wild or scenic river land use districts other than those identified in the Kettle River management plan.
A. The Kettle River crossing for the Minnesota-Wisconsin Boundary Trail shall be by a temporary bridge. The exact location, nature, and design of the crossing shall conform to the provisions of parts 6105.0190 and 6105.0200.
B. If additional recreational trails are desired by local residents and landowners, it is recommended that these be developed through the Department of Natural Resources trail assistance programs. Through the department's trail assistance programs, funds for local trail development and maintenance are made available to local units of government.
C. Existing state trails will not be closed, and new trails within state management units may be developed in conformity with the guidelines shown in part 6105.0760, subpart 1.
Subp. 5. Regulation of use. The recreational use of the Kettle River and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values for which the river qualified for designation.
Subp. 6. Management maps. The commissioner of natural resources adopts the recreation management maps, plates 1 to 8 in part 6105.0710 for the protection recreational use, and management of public lands or interests in land, for the Kettle River and its adjacent lands within the wild and scenic river land use districts.
Subp. 7. Funds and litter patrols. The Division of Parks and Recreation shall allocate funds for maintenance of the Kettle River, and its adjacent lands, from the department's river development and maintenance account; and that the possibility of using local volunteer litter patrols be investigated as a means of supplementing the department's maintenance program.
Subp. 8. Allocation of responsibilities. The department's enforcement division shall enter into discussions with the local units of government concerning the delineation of responsibilities for enforcement of applicable wild and scenic river regulations.
Subp. 9. Use study. The Division of Parks and Recreation shall arrange for a recreational use study of the Kettle River.
6105.0640 LAND MANAGEMENT.
Subpart 1. Permitted utility crossings. No permit will be issued for a utility crossing of the designated land use districts of the Kettle River, except for those utility crossings identified below:
A. County State Aid Highway (CSAH) 46 crossing;
B. CSAH 52 crossing;
C. CSAH 41 crossing;
D. CSAH 61 crossing;
E. CSAH 33 crossing;
F. Section 14-15, Township 40N, Range 20W power line crossing; and
G. Township road bridge crossing in SW 1/4 Section 10, T44N-R20W.
Further, utility crossings are particularly inappropriate within the wild river land use district. However, additional crossings would be allowed at the existing line crossing (Section 14-15, Township 40N, Range 20W) only if the preferred alternative of using a crossing above the designated area or using one of the corridors in the scenic portion of the river would generate even greater adverse environmental effects and if the crossings can be installed without significant additional right-of-way clearing within the land use district.
Subp. 2. Tributaries. The designated tributaries referred to in parts 6105.0110, subpart 3, item B, subitem (3) and 6105.0120 shall be:
A. Birch Creek;
B. Moose River;
C. Willow River;
D. Pine River;
E. Cane Creek;
F. Wolf Creek;
G. Deer Creek;
H. Fox Brook;
I. Grindstone River;
J. Cedar Creek;
K. Deer Brook; and
L. Kennedy Brook.
Subp. 3. Management area. The commissioner of natural resources adopts the land use district legal descriptions of part 6105.0730 according to part 6105.0070, subpart 2 for the protection and management of lands within the wild and scenic river land use districts.
A. The regulations contained in parts 6105.0010 to 6105.0250 shall be applicable to all unincorporated lands, at the time of designation, within the wild and scenic river land use districts, except for those under federal jurisdiction.
B. The lands or interests in land recommended to be acquired in this plan will be acquired where funds are available for such purchases from willing sellers, as provided for in Minnesota Statutes, section 104.37.
C. The land use regulations contained in parts 6120.2600 to 6120.3900 shall be applied to all incorporated lands, and shall be administered in conformity with the provisions of parts 6105.0220 to 6105.0250, as applicable.
D. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands recommended for scenic easement acquisition may be purchased in fee title. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional lands, or interests in land, may be purchased in order to further the policies established in Minnesota Statutes, chapter 271 and this management plan.
E. Land exchanges will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner prescribed by state law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
6105.0650 ADMINISTRATION OF PLAN.
Subpart 1. Pine County. Pine County shall enact or amend ordinances and maps as necessary to:
A. establish the wild river and scenic river land use districts identified in the land use district legal descriptions of part 6105.0730 within Pine County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 2. Willow River, Rutledge, and Sandstone. The municipalities of Willow River, Rutledge, and Sandstone shall enact or amend ordinances as necessary to:
A. Establish the scenic river land use districts as delineated for their jurisdictions in the land use district legal descriptions.
B. Conform to the provisions of parts 6105.0010 to 6105.0090 and 6105.0110 to 6105.0250 with the following exceptions to the dimensional standards and provisions of these parts:
(1) Minimum lot size, 20,000 square feet;
(2) Minimum structure setback, 75 feet;
(3) Minimum lot width at OHW and structure setback, 100 feet; and
(4) Minimum on-site sewage treatment system setback, 50 feet.
No clearcutting of trees within 75 feet of the OHW of the river and designated tributaries.
C. Conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; 6105.0130 to 6105.0200; and 6105.0210 to 6105.0250.
Subp. 3. More protective rules. Nothing in parts 6105.0010 to 6105.0250 or this management plan shall preclude Pine county or its subdivisions or the municipalities of Willow River, Rutledge, or Sandstone from adopting regulations more protective than those adopted in this management plan, subject to approval by the commissioner of Natural Resources.
Subp. 4. Department assistance. The Department of Natural Resources shall assist the local units of government in the implementation of parts 6105.0010 to 6105.0250, in accordance with the provisions of Minnesota Statutes 1974, section 104.36, subdivision 2. The Department of Natural Resources shall delineate the land use district boundaries on the appropriate zoning maps, for the affected local units of government.
HIST: 12 SR 365 Current as of 11/12/97