Wild & Scenic Rivers Legislation: Cannon River Management
6105.1550 DESIGNATION OF RIVER.
That portion of the Cannon River from the northern city limits of Faribault (the common border of the SE 1/4 and the NE 1/4 of Section 19, T110N-R20W) to its confluence with the Mississippi River is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
6105.1560 STATUTORY AUTHORITY.
This designation is made by the commissioner of natural resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 104.31 to 104.40.
6105.1570 SCOPE.
The designation and parts 6105.1550 to 6105.1700 apply to the river and the adjacent lands as provided for in the land use district descriptions. The land use district boundaries were drawn in accordance with part 6105.0070, subpart 2, item B.
6105.1580 DEFINITION OF NORMAL HIGH WATER MARK.
The definition of "normal high water mark" (part 6105.0040) shall be changed to read: "Ordinary high water mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the top of the bank of the river channel. A channel is a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
6105.1590 SEVERABILITY.
The provisions of parts 6105.1550 to 6105.1700 shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
6105.1600 CLASSIFICATION OF RIVERS.
The following classifications are made in accordance with the provisions of part 6105.0060:
A. Recreational: that portion of the Cannon River and its adjacent lands from the northern city limits of Faribault (the common border of the north and south halves of Sections 19 and 20, T110N-R20W) to the state highway 56 bridge, and from the Lake Byllesby Dam (the common border of Sections 13 and 14, T112N-R18W) to the common border of Sections 7 and 8, T112N-R17W, in Cannon Falls. The Lake Byllesby Reservoir is excluded from this segment.
B. Scenic: that portion of the Cannon River and adjacent lands from the common border of Sections 7 and 8, T112N-R17W, in Cannon Falls to the river's confluence with the Mississippi River.
6105.1610 LAND USE MANAGEMENT.
Subpart 1. Adoption of land use district descriptions. The commissioner of natural resources hereby adopts the scenic and recreational land use districts as identified in the land use district descriptions of parts 6105.1550 to 6105.1700. The land use districts were derived in accordance with part 6105.0070, subpart 2, item B.
Subp. 2. Scope. Parts 6105.0010 to 6105.0250 shall apply to all lands within the scenic and recreational land use districts, except as specified in parts 6105.1550 to 6105.1700.
Subp. 3. Special rules for Cannon Falls, Dundas, and Northfield. Because some areas along the Cannon River have been considerably developed, and because the Wild and Scenic Rivers Act states that management plans shall be prepared with no unreasonable restrictions upon compatible, preexisting, economic uses of particular tracts of land (Minnesota Statutes, section 104.35), the municipalities of Cannon Falls, Dundas, and Northfield shall adopt rules as specified in part 6105.1670.
Subp. 4. Moratoriums. When land in the land use district is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 5. Sand and gravel extraction. Because the Cannon River valley is a major source of sand and gravel in the area and because this resource can be extracted in a manner that will have minor environmental impact, sand and gravel extraction shall be allowed as a conditional use, subject to the following conditions:
A. Commercial manufacturing of sand and gravel by-products shall be non-permitted uses in the land use district.
B. The following shall be submitted to the local authority as part of the application for a conditional use permit:
(1) a detailed site plan;
(2) a soil erosion and sediment control plan showing that the mining operation will not adversely affect the quality of surface or subsurface waters;
(3) a dust and noise control plan; and
(4) a detailed site reclamation plan.
Reclamation shall be initiated immediately after the termination of the mining operation and upon completion the area shall be restored to as near its original state as practicable.
C. Mining operations shall not take place within 300 feet of the river. This distance does not apply to water pumps needed for the mining operation. However, appropriation of water from the river shall require a permit from the DNR, Division of Waters.
D. No sand and gravel operation shall be conducted on parcels of land or a combination of parcels of less than 20 acres.
Subp. 6. Litter. To reduce the effects of litter along the river, canoe and inner tube rental establishments shall:
A. provide disposable refuse containers to those renting canoes and inner tubes; and
B. require the return of refuse containers along with all refuse from the river trip.
Subp. 7. Welch. Existing development in the unincorporated area of Welch in E 1/2, W 1/2, NE 1/4 of Section 28, T113N-R16W, north of the river, shall be allowed to continue as now identified by the Goodhue County zoning ordinance, as amended in 1976.
Subp. 8. Agricultural buildings. Because agricultural uses are permitted in the land use district and because of the preexistence of agricultural buildings along the Cannon River, part 6105.0110, subpart 3, item D shall be amended to read: structure height shall not exceed 35 feet, except for buildings used primarily for agricultural purposes.
Subp. 9. Structures. Part 6105.0110, subpart 3, item C, subitem (1) shall be modified to read:
Structures shall be allowed on slopes of greater than 13 percent or on bluff lines if structures can meet the following criteria:
A. Sewage system facilities must be installed so as to comply with the sanitary provisions of part 6105.0120.
B. Structures must be adequately screened.
C. It must be proven that any potential or actual erosion or sedimentation problems do not exist, and that adequate measures shall be taken to prevent them.
D. Where bearing capacity is in doubt soil boring samples must be taken.
E. Consideration must be given to color and architectural design (including roof slope and orientation), subject to approval of the township and county planning commission.
Subp. 10. Land use districts.
A. Part 6105.0100, subpart 3 shall be amended to include the following: Land use districts Scenic Recreational River T. Sand and gravel extraction, subject to provisions of subpart 5. C C U. Canoe rental establishments, subject to provisions of subpart 6. C C V. Inner tube rental establishments N N
B. Parts 6105.0170 and 6105.0180 shall be amended to include:
Accessory facilities to power plants (intake and outflow structures), when located in the land use district shall be screened to the maximum extent possible to minimize the visual intrusion on the landscape.
6105.1620 LAND ACQUISITION.
Subpart 1. Fee title acquisition. Fee title acquisition from willing sellers is recommended in those areas where recreational sites are needed, as identified in part 6105.1640.
Subp. 2. Scenic easement acquisition. Scenic easement acquisition from willing sellers is recommended in those areas having outstanding scenic, natural, or similar values and in areas with high development potential.
Subp. 3. Other forms of acquisition. Other forms of acquisition, such as use easements, leases, land exchange, or gifts may be substituted for the recommended acquisition when such purchases further the policies of parts 6105.1550 to 6105.1700 and Minnesota Statutes, section 104.32.
Subp. 4. Leasing rest areas. The DNR shall consider leasing rest areas for an initial five-year period, with the option for longer leasing or purchase after that period.
Subp. 5. Method of acquisition. Land or interests in land will be acquired from willing sellers, as provided for in Minnesota Statutes, section 104.37.
Subp. 6. Condemnation prohibited. The commissioner of natural resources shall not request or use condemnation to acquire lands in the Cannon River land use district through the wild and scenic rivers program.
6105.1630 RECREATION MANAGEMENT IN GENERAL.
Subpart 1. Policy. It is the intent of these parts to manage recreation to provide for the orderly use of public lands and waters within the scenic and recreational river land use districts. The development and maintenance of selected land- and water-oriented recreational facilities 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, subpart 1.
Subp. 2. Penalty. Part 6105.0210, subpart 2 shall be amended to impose the current state penalty for a misdemeanor.
6105.1640 RECREATIONAL USES.
Recreational uses:
A. Priority areas for development of governmental recreational facilities are listed below. If these parcels are not available for use similar parcels may be used. Location Facility Present Ownership T 111 N-R 20 W, Section 1 in Sechler Park Campsite, rest area Northfield T 111 N-R 20 W, Section 1, NW 1/4, on either side of Northfield Mill Dam Portage Northfield, private T 112 N-R 19 W, Section 31 E 1/2 of the NW 1/4 Access Carlton College T 112 N-R 18 W, Section 7 S 1/2 of the SE 1/4, north of river Campsite, rest area Dakota County T 112 N-R 18 W, Section 8 north of river Access Private T 112 N-R 18 W, Sections 13 & 14 south of river Portage Goodhue County T 112 N-R 17 W, Section 2 NE 1/4 of the NE 1/4 of the SE 1/4 Rest area Private T 113 N-R 16 W, Section 35 SW 1/4 of the NE 1/4, near Belle Creek Rest area DNR T 113 N-R 15 W, Section 19 south of river Access Private T 113 N-R 15 W, Section 22 E 1/2 of the NW 1/4 of the NW 1/4 Rest area DNR
B. Because sufficient public land exists between Faribault and Northfield, all public recreational facilities in this area shall be located on existing public land.
C. The development of public or private facilities within the land use district shall conform to the site typicals in these rules. In addition, when establishing rest areas, sufficient land shall be acquired to provide a 300-foot buffer zone between the activity area and adjacent property.
D. DNR rest areas shall not be established closer than four miles to existing DNR rest areas and shall be inaccessible by road.
E. To establish the Cannon River as a day use river the DNR shall establish no overnight camping areas along the river.
F. All public and private camping areas established along the river shall be subject to all rules of the Minnesota Pollution Control Agency, the Minnesota Department of Health, and all local zoning ordinances.
G. If a recreational site is found in violation of Department of Public Health rules more than three times in one season, the site shall be closed.
H. No special DNR facilities solely for the use of motorboats shall be provided.
I. The DNR shall not develop or provide for trails within the land use district. This shall not include local trails or state-funded grant-in-aid trails.
J. Snowmobile use on lands in the land use district shall be allowed on private lands, only with the permission of the appropriate landowner(s); on public lands where the managing agency has designated areas for such use.
6105.1650 MAINTENANCE OF RECREATIONAL FACILITIES.
Maintenance:
A. The DNR shall be responsible for and shall allocate funds for maintenance of DNR recreational facilities within the Cannon River land use district. The DNR is encouraged to hire area residents to help maintain recreational facilities.
B. A carry-in, carry-out policy shall be implemented by river users. To help ensure the success of this policy, no trash receptacles shall be provided at DNR rest areas and areas shall be maintained to prevent the establishment of dumps.
C. Orientation signs identifying all recreational facilities along the river, containing the recreational rules for the river and explaining the "carry-in, carry-out" refuse policy shall be posted at accesses.
D. If heavy use of recreational facilities wears down river land, causes erosion or leads to problems with adjacent landowners, DNR sites shall be closed.
6105.1660 ENFORCEMENT OF USER RULES.
The DNR's Division of Enforcement shall determine with the local units of government the division of responsibilities for the enforcement of the wild and scenic river user rules (part 6105.0210). The Division of Enforcement shall also take appropriate action to ensure expeditious enforcement of wild and scenic river rules.
6105.1670 ADMINISTRATION OF THE MANAGEMENT PLAN.
Subpart 1. Local zoning authority. The local zoning authority shall administer the wild and scenic rivers ordinance in accordance with the provisions of parts 6105.0220 to 6105.0250.
Subp. 2. Dakota and Goodhue counties and city of Red Wing. Dakota and Goodhue counties and the city of Red Wing shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic and recreational land use districts in their jurisdiction according to part 6105.1600 to include the lands identified in the land use district descriptions; and
B. conform to the provisions of parts 6105.1550 to 6105.1700, except as indicated in subparts 4, 5, and 6.
Subp. 3. Rice County. Rice County shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational land use district in its jurisdiction according to part 6105.1600, to include the lands identified in the land use district descriptions; and
B. conform to the provisions of parts 6105.1550 to 6105.1700, except as indicated in subparts 4 and 5.
It is recommended that Rice County also continue to enforce present agricultural preservation zoning, as identified in Section 15 of the 1975 Rice County zoning ordinance, on lands beyond 350 feet from the ordinary high water mark.
Subp. 4. Part of Dundas and Northfield. The municipalities of Dundas (In T111N-R20W: that portion located in the S 1/2 of the N 1/2 of Section 15; and Section 11) and Northfield (In T111N-R20W: that portion located in Section 11; Section 2, south of the river; and the SW 1/4 of the SW 1/4 of Section 1, east of the river) shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use districts according to part 6105.1600, to include lands identified in the land use district descriptions;
B. conform to the provisions of parts 6120.2600 to 6120.3900 for natural environment waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250;
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 5. Part of Dundas and Northfield. The municipalities of Dundas (In T111N-R20W: that portion located in the N 1/2 of the N 1/2 of Section 15; and Section 10) and Northfield (In T111N-R20W: that portion located in Section 2, north of the river; and Section 1, except the SW 1/4 of the SW 1/4, east of the river. In T112N-R20W: Section 36. In T112N-R19W: Sections 30 and 31) shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use districts according to part 6105.1600, to include lands identified in the land use district descriptions;
B. conform to the provisions of parts 6120.2600 to 6120.3900 for general development waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250; and
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 6. Cannon Falls. The municipality of Cannon Falls shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district according to part 6105.1600, to include lands identified in the land use district descriptions.
B. conform to the provisions of parts 6120.2600 to 6120.3900 for recreational development waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250; and
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 7. More restrictive rules. Local zoning authorities may retain or adopt regulations that are more restrictive than those required by these rules, pursuant to Minnesota Statutes, sections 394.21, 394.33, and 462.353.
Subp. 8. Departmental assistance. The DNR shall assist local units of government in implementing these parts, in accordance with Minnesota Statutes, section 104.36.
Subp. 9. Land use district boundaries. The DNR shall delineate the land use district boundaries on the appropriate zoning maps for the affected local units of government.
Subp. 10. Public meeting. Every five years the DNR shall conduct a public informational meeting to determine the effectiveness, the progress, and the opportunities for improvement of these parts.
6105.1680 LAND USE DISTRICT LEGAL DESCRIPTIONS.
HIST: 12 SR 365 Current as of 11/12/97