Wild & Scenic Rivers Legislation: Minnesota River Management
See also: 1997 Minnesota Rules Index
6105.1200 DESIGNATION OF RIVER.
That portion of the Minnesota River from the Lac qui Parle dam to the Redwood County state aid highway 11 bridge near Franklin is designated a component of the Minnesota wild and scenic rivers system.
6105.1210 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 1974, sections 104.31 to 104.40.
The designation and parts 6105.1200 to 6105.1370 apply to the river and the adjacent lands indicated by the land use district descriptions. The land use district boundaries were delineated in accordance with part 6105.0070, subpart 2, item B.
The provisions of these rules 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.
The commissioner of the Department of Natural Resources will not request the inclusion of that portion of the Minnesota River from the Lac qui Parle dam to the Redwood County state aid highway 11 bridge near Franklin into the federal wild and scenic rivers system without the consent of the county board of commissioners of Lac qui Parle, Chippewa, Yellow Medicine, Redwood, and Renville counties.
6105.1250 RIVER CLASSIFICATIONS.
A. That portion of the Minnesota River and adjacent lands from the Lac qui Parle dam to the U.S. Highway 212 bridge in the corporate limits of Montevideo is classified as scenic.
B. That portion of the Minnesota River and adjacent lands from the U.S. Highway 212 bridge in the corporate limits of Montevideo to the Great Lakes Pipeline one-quarter mile downstream of the Minnesota Falls dam is classified as recreational.
C. That portion of the Minnesota River and adjacent lands from the Great Lakes Pipeline one-quarter mile downstream of the Minnesota Falls dam to the Redwood County state aid highway 11 bridge is classified as scenic.
These classifications are made in accordance with the provisions of Minnesota Statutes 1974, section 104.33, subdivision 2; and part 6105.0060.
6105.1260 LAND MANAGEMENT; ZONING.
Subpart 1. County ordinances. The counties of Lac qui Parle, Chippewa, Yellow Medicine, Renville, and Redwood shall each enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts as applicable according to part 6105.1250, to include the lands identified by the land use district descriptions; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 except for extraction of sand and gravel which shall continue to be a conditional use under the regulatory discretion of local governments.
Subp. 2. Municipality ordinances. The municipalities of Montevideo, Granite Falls, North Redwood, and Morton shall enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts as applicable according to part 6105.1250 to include the lands identified by the land use district descriptions;
B. conform to the use, dimensional, and sanitary provisions of the recreational development classification of parts 6120.3100; 6120.3300, subparts 2, 3, 5, and 6; 6120.3400; and the provisions of parts 6105.0130 to 6105.0190 and 6105.0210 to 6105.0250; and
C. the vegetative cutting provisions of part 6105.0150 shall conform to the structural setback pattern specified in parts 6120.3100 to 6100.3800.
Subp. 3. Transferred land. If land is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all 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 this management plan which applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 4. More protective rules. All local ordinances and regulations which are more protective than those required to be adopted by this management plan may be continued.
6105.1270 LAND ACQUISITION.
Subpart 1. Acquisition funds. The lands or interests in land recommended to be acquired in this plan will be acquired when funds are available for such purchases from willing sellers, as provided for in Minnesota Statutes 1974, section 104.37.
A. Fee title acquisition is recommended in those areas where recreational sites are needed. These areas are identified in the fee title descriptions.
B. Scenic easement acquisition is recommended in those areas having outstanding scenic or natural characteristics as identified in the scenic easement descriptions.
C. Because fee title acquisition or scenic easement acquisition is from willing sellers at the appraised market value, some lands recommended for scenic easement acquisition may be purchased in fee title. Some lands recommended for fee title acquisition may be purchased in scenic easement. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s).
Subp. 2. Other forms of acquisition. Other forms of acquisition, such as use easements or leases, may be used to acquire interests in lands within the land use districts.
Subp. 3. Land exchange. Land will be exchanged, whenever feasible, to acquire lands within the land use districts. These exchanges will be done in the manner prescribed by state law. However, land exchanges will not be recommended if such exchanges would adversely affect this or any other Department of Natural Resources management program.
Subp. 4. Additional lands or interests. Additional lands or interests in land may be purchased within the land use districts from willing sellers to further the policies established in Minnesota Statutes 1974, section 104.32 and this management plan.
Subp. 5. Eminent domain authority. Land acquisition authority contained in this subpart is promulgated under Minnesota Statutes 1974, section 104.37, which does not give the commissioner of the Department of Natural Resources eminent domain authority within the river land use districts. If in the future, eminent domain authority is granted as a method of land acquisition under Minnesota Statutes, section 104.37, it shall not be utilized in the river land use districts without explicit repromulgation or amendment of this rule. This provision does not apply when the commissioner of the Department of Natural Resources is ordered by the legislature to use eminent domain authority within the river land use districts.
6105.1280 RECREATION MANAGEMENT.
Subpart 1. Policy. Recreation management in the scenic and recreational river land use districts shall conform to the policies and provisions of part 6105.0210.
Subp. 2. Design specifications. As provided for in part 6105.0100 and the management plan, the development of public or private recreational facilities within the scenic and recreational river land use districts shall conform to the design specification guidelines as shown on the recreational site typicals with the addition of a gate to the service trail for primitive campsites.
Subp. 3. Camping. No Department of Natural Resources river-oriented camping facilities will be provided close to private river-oriented camping facilities which are designed to serve the same needs.
Subp. 4. Regulated use. The recreational use of the Minnesota scenic and recreational river and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values which qualified the river for designation.
Subp. 5. Snowmobiling. Snowmobiling in the land use district will be allowed: on private lands only with permission from appropriate landowners; on trails specifically designated for snowmobiling in state parks, or designated by local governments or the legislature.
Subp. 6. Purchase of land. On areas which are not presently publicly owned, some type of land interest must be purchased before lands are available for public use.
Subp. 7. Funds. The Division of Parks and Recreation shall allocate funds for the maintenance of Department of Natural Resources recreational facilities within the Minnesota River land use districts from the department's river development and maintenance account.
Subp. 8. Priority areas for recreational development. Priority areas for recreational development are shown:
A. in the fee title descriptions on land which is not presently publicly owned;
B. on publicly owned lands:
(1) at the Corp of Engineers recreation site at the Lac qui Parle dam, a portage and an access;
(2) at the Department of Natural Resources access at Montevideo, a rest area;
(3) at Spartan State Wildlife Management Area, an access;
(4) at Renville County Park No. 2, an access;
(5) on Department of Natural Resources land near Morton, an access; and
(6) at Lower Sioux Agency Historic Site, a campsite and rest area.
Subp. 9. Distribution of responsibilities. The department's Enforcement Division shall enter into discussions with the local units of government concerning the delineation of responsibilities for the enforcement of applicable wild, scenic, and recreational river regulations. The Enforcement Division shall extend sufficient effort to meet enforcement responsibilities in the Minnesota River land use districts.
HIST: 12 SR 365 Current as of 11/12/97