Wild & Scenic Rivers Legislation: North Fork of the Crow River Management
See also: 1997 Minnesota Rules Index
6105.1000 DESIGNATION OF RIVER.
That portion of the north fork of the Crow River from the spillway at the southern end of Lake Koronis to the Meeker-Wright County line, located entirely within Meeker County, is designated a component of the Minnesota wild and scenic rivers system.
6105.1010 STATUTORY AUTHORITY.
This designation is made by the commissioner of the Department of Natural Resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes 1974, sections 104.31 to 104.40.
The designation and parts 6105.1000 to 6105.1130 apply to the river and the adjacent lands indicated in the property descriptions for the land use district.
6105.1030 CLASSIFICATION: RECREATIONAL RIVER.
That portion of the north fork of the Crow River in Meeker County from the spillway at the southern end of Lake Koronis to the Meeker-Wright County line, is classified as recreational, in accordance with provisions of Minnesota Statutes, section 104.33, subdivision 2, and part 6105.0060.
6105.1040 LAND USE MANAGEMENT.
Subpart 1. Adoption of land use district. The commissioner of the Department of Natural Resources hereby adopts the recreational river land use districts as identified in the land use district property descriptions. The land use district was derived in accordance with part 6105.0070, subpart 2, item B.
A. The regulations contained in parts 6105.0010 to 6105.0250 and this management plan shall be applicable to all lands which are unincorporated at the time of designation within the recreational river land use district.
B. The land use regulations contained in parts 6120.2600 to 6120.3900 and this management plan 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.
C. All existing local ordinances and regulations, as adopted in accordance with parts 6120.0200 to 6120.2100, which are more protective than those in parts 6105.0010 to 6105.0250 shall continue to apply within the entire land use district, as applicable.
Subp. 2. Building height. The maximum building height restriction contained in part 6105.0110, subpart 3, item D shall not apply to buildings used primarily for agricultural purposes.
Subp. 3. Grading and filling. The grading and filling provisions shall be enforced by local ordinance, which shall require a grading and filling permit. Filling or drainage of federally determined type III-V wetlands (in accordance with U.S. Department of Interior circular No. 39) shall not be allowed within the land use district. A map showing the location and classification of these wetlands shall be provided to the local authority by the commissioner of the Department of Natural Resources.
Subp. 4. Clear cutting of vegetation. Clear cutting of vegetation, in accordance with part 6105.0150, shall not be allowed within 200 feet of the normal high water mark, in order to correspond with the existing structural setback.
6105.1050 LAND ACQUISITION.
Subpart 1. Scenic areas. The commissioner of the Department of Natural Resources hereby adopts the scenic areas, as identified in the scenic areas property descriptions, as priority areas for land or land interest acquisition.
A. All lands shown as scenic areas are recommended for scenic easement acquisition. However, in those areas where recreational sites are needed, fee title to the lands may be acquired, when possible.
B. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands shown as scenic areas and not needed for recreational sites may be purchased in fee title. Purchase of fee title to lands would be based on an agreement between the state of Minnesota and the landowner(s).
C. Other forms of acquisition, such as use easements or leases, may be used to acquire land interests in the scenic areas if considered feasible or necessary by the commissioner of the Department of Natural Resources.
Subp. 2. Purchase of lands. Lands, or interests in land, other than those identified as scenic areas, may be purchased in order to further the policies established in the Wild and Scenic Rivers Act and the management plan.
Subp. 3. Funds. 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.
Subp. 4. Land exchanges. Land exchange will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner described by state law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
6105.1060 RECREATION MANAGEMENT.
Subpart 1. Policy. As provided for in this management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the recreational river land use district. The development of selected land and river-oriented recreational facilities and the maintenance to these could 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 in part 6105.0210.
Subp. 2. Design specifications. As provided for in part 6105.0100, subpart 3 and the management plan, development of public or private recreational facilities within the recreational river land use district shall conform to the design specification guidelines shown in this plan.
Subp. 3. Camping. No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to meet this need.
Subp. 4. Regulation of use. The recreational use of the north fork of the Crow recreational river and adjacent state 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. 5. Management maps. The commissioner of the Department of Natural Resources adopts the recreation management maps for the protection, recreational use, and management of public lands or interests in land, for the north fork of the Crow recreational river and its adjacent lands within the recreational river land use district. The locations, types, and number of sites shown on the recreation management map are recommendations.
Subp. 6. Funds. The Division of Parks and Recreation shall allocate funds for maintenance of the Department of Natural Resources' recreational facilities within the north fork of the Crow recreational river area from the department's river development and maintenance account.
Subp. 7. Division of responsibilities. The DNR's Division of Enforcement shall enter into discussions with the local units of government concerning delineation of responsibilities for enforcement of applicable wild, scenic, and recreational river regulations.
Subp. 8. Snowmobile trails. Additional public snowmobile trails may be established within the land use district, when developed in cooperation with the Department of Natural Resources.
Subp. 9. New recreational facilities. Development of any new recreational facilities (other than those shown on the recreation management map) by the DNR shall be done only if assurances can be made that these facilities, and any increased use caused by them, will not adversely affect the quality of the river. Local authorities shall be consulted prior to future development of recreational facilities by the DNR.
6105.1070 ADMINISTRATION OF MANAGEMENT PLAN.
Subpart 1. Meeker County. Meeker County shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district identified in the land use district property descriptions as given in this management plan; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 2. Kingston. The municipality of Kingston shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district as delineated for its jurisdiction in the land use district property descriptions; and
B. conform to the provisions of parts 6120.2600 to 6120.3900 within the land use district, and administer these provisions according to parts 6105.0210 to 6105.0250, as applicable.
Subp. 3. More protective restrictions. Meeker County, or its subdivisions, shall retain any existing regulations (adopted in accordance with parts 6120.0200 to 6120.2100) which are more protective than parts 6105.0010 to 6105.0250, and may adopt other more protective regulations as they deem appropriate.
Subp. 4. Departmental assistance. The Department of Natural Resources shall assist the local units of government in the implementation of parts 6105.0010 to 6105.0250 and this management plan, 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.
6105.1080 RECOMMENDATIONS FOR COOPERATION WITH GOVERNMENTAL UNITS.
A. It is recommended that Meeker County work with the board of supervisors of the Soil and Water Conservation District in setting criteria for the use of soil conservation service technical assistance for evaluating grading and filling permit requests relating to part 6105.0160, grading and filling provisions.
B. It is recommended that the Meeker County highway department and the Minnesota Department of Transportation cooperate with the Minnesota Department of Natural Resources by placing no parking signs along any bridge crossing rights-of-way that are determined to be inadequate or dangerous as river access points.
C. It is recommended that the Meeker County park board complete development of lands it owns along the management area. DNR assistance will be provided for development, where appropriate.
D. It is recommended that the State Planning Agency, Office of Local and Urban Affairs, give priority to any local funding to requests for fee title acquisition of land for recreational sites within the management area consistent with the goals of the State Comprehensive Outdoor Recreation Plan (SCORP).
E. No Department of Natural Resources corridor trails are proposed in this management plan for the Crow River area. Local residents and landowners may desire specific trails. If so, it is recommended that such trails be developed through DNR's trail assistance programs, which make funds for trail development and maintenance available to local units of government, and private clubs and organizations.
F. To ensure that the historical heritage of the Crow River will be protected for the enjoyment of present and future generations, it is recommended that the Minnesota Historical Society consider the feasibility of conducting a study of historical and archaeological sites within the management area.
G. It is recommended that any recreational facilities, other than those shown on the recreation management map, be developed by local units of government, to ensure that maximum local input is obtained.
HIST: 12 SR 365 Current as of 11/12/97