Lower St. Croix River management rules

Wild & Scenic Rivers Legislation: Lower St. Croix River Management

See also: 1997 Minnesota Rules Index

6105.0351 STATEMENT OF POLICY.

In order to protect and preserve the outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values of the Lower Saint Croix National Scenic Riverway in a manner consistent with the National Wild and Scenic Rivers Act, Public Law Number 90-542, and the Federal Lower Saint Croix River Act, Public Law Number 92-560, the commissioner of natural resources does hereby provide minimum standards and criteria for the management and development of the Lower Saint Croix National Scenic Riverway in Minnesota, as authorized by Minnesota Statutes, section 104.25, subdivision 3.

6105.0352 SCOPE.

Subpart 1. Standards and criteria. To achieve the policies declared in part 6105.0351, the commissioner hereby sets forth minimum standards and criteria for the wise management and development of the Lower Saint Croix National Scenic Riverway in parts 6105.0351 to 6105.0550 which include:

A. designation of the Saint Croix Riverway and establishing rural and urban districts;

B. rules designating types of land uses compatible with the Saint Croix Riverway;

C. rules providing minimum dimensions for the size and width of lots suitable for building sites;

D. rules governing the placement of structures in relation to shorelines, slopes, and bluff lines;

E. rules governing the height and color of structures;

F. rules governing the alteration of natural shorelands and blufflands;

G. rules governing the type and placement of sanitary and waste disposal facilities;

H. rules governing the subdivision of shorelands and blufflands;

I. rules governing marinas and other intrusions in public waters; and

J. provisions for the administration and enforcement of Saint Croix Riverway ordinances.

Subp. 2. Adopting ordinances. These standards and criteria provide minimum requirements for the Lower Saint Croix National Scenic Riverway in Minnesota. Local units of government shall have 90 days from the date of promulgation of the standards and criteria for the Lower Saint Croix National Scenic Riverway by the commissioner to adopt Saint Croix Riverway ordinances which reflect local needs and existing conditions, and which are in compliance with these standards and criteria. On the date of adoption of a Saint Croix Riverway ordinance by the local unit of government after approval by the commissioner, the critical area designation and the interim development regulations are no longer in effect for lands and waters under their jurisdiction. If any local unit of government fails to adopt an adequate Saint Croix Riverway ordinance within the 90-day period, the commissioner may adopt such an ordinance for the local unit of government in the manner and with the effect specified in Minnesota Statutes, section 105.485, subdivisions 4 and 5. Nothing shall prevent the local units of government from adopting Saint Croix Riverway ordinances or applying other existing rules or ordinances which are more protective than these minimum standards and criteria.

6105.0353 JURISDICTION.

The standards and criteria for the Lower Saint Croix National Scenic Riverway in Minnesota, as hereby set forth in parts 6105.0351 to 6105.0550, apply to both incorporated and unincorporated areas, public and private lands, and public waters within the riverway boundary established in the Lower Saint Croix River master plan prepared pursuant to Public Law Number 92-560 and Minnesota Statutes, section 104.25.

All federal, state, local, and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers so as to further the purposes of the federal and state Lower Saint Croix River acts, the master plan, and these standards and criteria.

6105.0354 DEFINITIONS.

Subpart 1. Scope. For the purpose of these standards and criteria, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

Subp. 2. Accessory use. "Accessory use" means a use subordinate to and serving the principal use on the same lot and customarily incidental thereto, such as vegetative cutting and grading and filling.

Subp. 3. Agriculture. "Agriculture" means the utilization of land for production of farm crops such as vegetables, fruit trees, grain, and other crops, as well as for the raising of poultry and domestic farm animals.

Subp. 4. Appurtenance. "Appurtenance" means a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks, and stairways and lifts, except that appurtenance does not include private water supply and sewage and waste disposal systems below the ground.

Subp. 5. Bluffline. "Bluffline" means a line along the top of a slope connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12 percent; except that bluff line does not include the tops of slopes not visible from the river assuming no vegetation cover or the tops of slopes associated with minor undulations or roadside ditches, provided that the construction and presence of any proposed structure near the tops of such slopes will not cause erosion and that the structure will not be visible from the river. The location of the bluff line for any particular property shall be certified by a registered land surveyor or the local authority. More than one bluff line may be encountered proceeding away from the river or adjoining watershed channel. All setbacks required herein shall be applicable to each bluff line.

Subp. 6. Building line. "Building line" means a line measured across the width of the lot at that point where the principal structure is placed in accordance with setback provisions.

Subp. 7. Channel. "Channel" means a natural or artificial depression of perceptible extent, with a definite bed and banks to confine and conduct flowing water either continuously or periodically.

Subp. 8. Commissioner. "Commissioner" means the commissioner of natural resources.

Subp. 9. Conservancy. "Conservancy" means the practice or implementation of policies for the protection and preservation of the natural character of lands for their value to scenic enjoyment, wildlife, water and soil conservation, flood plain management, forestry, and other such purposes.

Subp. 10. Dwelling unit. "Dwelling unit" means a residential accommodation which is arranged, designed, used, or intended for use exclusively as living quarters for one family.

Subp. 11. Harbor. "Harbor" means a portion of a body of water along or landward of the natural shoreline deep enough for recreational watercraft navigation, and so situated with respect to shoreline features as to provide protection from winds, waves, ice, and currents. Natural harbors consist of bays and estuaries, while artificial harbors are constructed by dredging.

Subp. 12. Local authority. "Local authority" means that person or body of persons affiliated with a county or municipal government which has authority to take whatever action or decision these standards and criteria are referring to when the term is used, including but not limited to boards of commissioners, councils, boards of adjustment, planning commissions, zoning administrators, and tree inspectors.

Subp. 13. Lot. "Lot" means a parcel, piece, or portion of land designated by metes and bounds, registered land survey, plat, or other means and separated from other parcels or portions by said description that is recorded in the office of the county register of deeds.

Subp. 14. Marina. "Marina" means an area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of such services as fueling, sewage pumpout, boat launching, boat repair, and boat storage; except that marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.

Subp. 15. Nonconforming use. "Nonconforming use" means any use of land established before the effective date of a Saint Croix Riverway ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.

Subp. 16. Ordinary high-water mark. "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. The ordinary high-water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high-water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters, and sloughs.

Subp. 17. Planned cluster development. "Planned cluster development" means a pattern of subdivision development which places dwelling units into compact groupings while providing a network of commonly owned or dedicated open space.

Subp. 18. Public roads. "Public roads" means county, municipal, and township roads and highways which serve or are designed to serve flows of traffic between communities or other traffic-generating areas.

Subp. 19. Public waters. "Public waters" means any waters of the state which serve a beneficial public purpose as defined in Minnesota Statutes, section 105.37, subdivision 6.

Subp. 20. Riverway boundary. "Riverway boundary" means a legally described line delineating the landward extent of the Saint Croix Riverway.

Subp. 21. Saint Croix Riverway. "Saint Croix Riverway" means all lands and public waters within the riverway boundary subject to the standards and criteria for the Lower Saint Croix National Scenic Riverway in Minnesota.

Subp. 22. Saint Croix Riverway ordinance. "Saint Croix Riverway ordinance" means a set of rules and any amendments thereto, adopted by a local unit of government in accordance with the standards and criteria for the Lower Saint Croix National Scenic Riverway, which regulates the use of land within any particular rural or urban district.

Subp. 23. Scenic easement. "Scenic easement" means an interest in land, less than fee title, that limits the use of the land for the purpose of protecting the scenic, recreational, and natural characteristics of areas in the Saint Croix Riverway. Unless otherwise expressly and specifically provided by mutual agreement of the parties, the easement shall be: perpetually held for the benefit of the people of Minnesota; specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, the holder's heirs, successors, or assigns. Unless specifically provided by the parties, no such easement shall give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.

Subp. 24. Screening. "Screening" means the presence of vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river.

Subp. 25. Setback. "Setback" means the minimum horizontal distance between any part of a structure and the ordinary high-water mark or a bluff line.

Subp. 26. Single family residential. "Single family residential" means the use of a parcel of land for living accommodations including or intending to include a detached building containing one dwelling unit.

Subp. 27. Slope. "Slope" means all lands between the ordinary high-water mark and the riverway boundary having an angle of ascent or descent of more than 12 percent from the horizontal.

Subp. 28. Structure. "Structure" means any building or appurtenance thereto, except transmission services.

Subp. 29. Subdivision. "Subdivision" means improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area, and which are under common ownership or control.

Subp. 30. Substandard structure. "Substandard structure" means any structure established before the effective date of a Saint Croix Riverway ordinance which is permitted within a particular zoning district but does not meet the structure setbacks or other dimensional standards of the ordinance.

Subp. 31. Transmission services. "Transmission services" means electric power, telephone, and telegraph lines, cables, and conduits that are used to transport large blocks of power, convey intelligence, or transport material between two points. In the case of electrical power, this will generally mean 69 kilovolts or more. For mains or pipelines, this means those conduits used to transport large amounts of gas, liquids, or solids in suspension. This should not be confused with distribution lines, cables, and conduits used to provide power, water, gas, or other essential services to utility company customers.

Subp. 32. Variance. "Variance" means any modification or variation of the dimensional standards of a Saint Croix Riverway ordinance where it is determined that, because of hardships, strict enforcement of the ordinance is impractical.

Subp. 33. Visually inconspicuous. "Visually inconspicuous" means difficult to see or not readily noticeable in summer months as viewed from the river.

Subp. 34. Watercourse. "Watercourse" means a channel in which a flow of water occurs either continuously or intermittently. The term applies to either natural or artificially constructed channels.

Subp. 35. Wetlands. "Wetlands" means lands which are annually subject to periodic or continual inundation by water and commonly referred to as bogs, swamps, marshes, or sloughs.

6105.0360 ST. CROIX RIVERWAY DESIGNATION AND ESTABLISHMENT OF DISTRICTS.

These standards and criteria designate a Saint Croix Riverway coinciding with the riverway boundary established in the Lower Saint Croix National Scenic Riverway Master Plan. These standards and criteria, as administered by local authorities through the adoption of Saint Croix Riverway ordinances, shall apply to all lands and waters in the Saint Croix Riverway.

For the purpose of these standards and criteria, there shall be two types of districts in the Saint Croix Riverway because of the variation in development patterns:

A. Rural districts, which consist of those lands in the Saint Croix Riverway in:

(1) the unincorporated areas of Chisago County;

(2) the unincorporated areas of Washington County;

(3) Marine-on-Saint Croix, north of the line separating Government Lots 5 and 6 in Section 6; and

(4) Afton, south of the line separating Government Lots 4 and 5, extended west to the riverway boundary in Sections 22 and 23.

B. Urban districts, which consist of those lands in the Saint Croix Riverway in the cities of:

(1) Taylors Falls;

(2) Marine-on-Saint Croix, south of the line described in item A, subitem (3);

(3) Stillwater;

(4) Oak Park Heights;

(5) Bayport;

(6) Lakeland;

(7) Lakeland Shores;

(8) Lake Saint Croix Beach;

(9) Saint Mary's Point; and

(10) Afton, north of the line described in item A, subitem (4).

The urban and rural districts as established on May 1, 1974, and herein shall not be changed by future incorporation, consolidation, or annexation.

6105.0370 USE STANDARDS AND CRITERIA.

Subpart 1. Purpose. The purpose of establishing standards and criteria for uses in the Saint Croix Riverway shall be to protect and preserve existing natural, scenic, and recreational values, to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the National Wild and Scenic Rivers Act, and the federal and state Lower Saint Croix River Acts.

Subp. 2. Permitted uses. All structures associated with the following uses are permitted in the Saint Croix Riverway subject to the dimensional requirements of a Saint Croix Riverway ordinance:

A. conservancy;

B. agriculture;

C. single-family residential;

D. governmental highway waysides, rest areas, information areas, and scenic overlooks; and

E. governmental resource management and interpretive activities.

Subp. 3. Accessory uses in general. The following standards and criteria are provided to preserve vegetative and topographical screening, and to retard surface runoff, soil erosion, and nutrient loss.

Subp. 4. Vegetative cutting; permit required. On lands within 200 feet of the ordinary high water mark in rural districts, 100 feet of the ordinary high water mark in urban districts, and 40 feet landward of bluff lines and on slopes greater than 12 percent in all districts, there shall be no vegetative cutting of live trees or shrubs without a permit from the local authority. A permit may be issued only if:

A. the cutting, including topping, involves trees less than six inches in diameter at breast height;

B. the cutting, including topping, involves vegetation which is not screening any structure from view from the river; and

C. the essential character, quality, and density of existing growths is preserved and continuous canopy cover is maintained; or

D. diseased trees are to be removed, and their removal is in the public interest; or

E. the cutting is necessary for the maintenance of transportation or utility rights-of-way.

Subp. 5. Vegetative cutting; no permit required. A separate vegetative cutting permit is not required for the following; however, the vegetative cutting shall be accomplished in such a manner that the essential character, quality, and density of existing growths is preserved and continuous canopy cover is maintained as viewed from the river:

A. clearing the minimum area necessary for a structure, sewage disposal system, and private road and parking area, undertaken pursuant to a validly issued building permit;

B. maintenance trimming or pruning on any particular property or in transportation or utility rights-of-way;

C. vegetative cutting in areas of the Saint Croix Riverway not covered under subpart 4, provided that the cutting, including topping, involves vegetation which is not screening any structure from view from the river.

Subp. 6. Grading and filling; permit required. Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a permit from the local authority. A permit may be issued only if:

A. slopes greater than 12 percent are not altered where erosion and visual scars may result;

B. earth moving, erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is minimized;

C. the smallest amount of ground is exposed for as short a time as feasible;

D. temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

E. methods to prevent erosion and trap sediment are employed; and

F. fill is stabilized to accepted engineering standards.

Subp. 7. Grading and filling; permit not required. A separate grading and filling permit is not required for grading, filling, or excavating the minimum area necessary for a structure, sewage disposal system, and private road and parking area undertaken pursuant to a validly issued building permit. However, the standards and criteria of subpart 6 shall be required as conditions of the building permit.

Subp. 8. Conditional uses. Conditional uses:

A. In urban districts, uses permitted without a rezoning in specific districts by existing local ordinances in effect on May 1, 1974, may be allowed as conditional uses by the local authority, subject to the provisions of part 6105.0510, subpart 2. The local authority shall establish special zoning districts coinciding with the boundaries of zoning districts in effect on May 1, 1974, and shall specify standards and criteria by which conditional uses may be allowed within special zoning districts.

B. In rural districts, marinas may be allowed as conditional uses by the local authority, subject to the provisions of part 6105.0510, subpart 2, between the Boomsite Highway Wayside and Stillwater, and where provided in part 6105.0410, subpart 1, item B. No other conditional uses shall be allowed in rural districts.

Subp. 9. Prohibited uses. The following uses shall be prohibited in all districts:

A. sand and gravel operations;

B. junkyards;

C. mobile home parks;

D. downhill ski areas;

E. marinas upstream from the Boomsite Highway Wayside; and

F. all uses not authorized in a Saint Croix Riverway ordinance.

Subp. 10. Nonconforming uses. Prohibited uses in existence prior to the effective date of adoption of a Saint Croix Riverway ordinance are nonconforming uses and shall not be enlarged or expanded. Under authority permitted by law, local authorities may adopt provisions to regulate and control, reduce the number or extent of, or gradually eliminate nonconforming uses. Local authorities shall provide for the elimination of sanitary facilities inconsistent with part 6105.0390, subpart 3, item B, C, and E over a period of time not to exceed five years from the date of adoption of a Saint Croix Riverway ordinance or where required at an earlier date by existing county shoreland ordinances.

Subp. 11. Substandard structures. All structures in existence prior to the effective date of adoption of a Saint Croix Riverway ordinance which are permitted within a particular zoning district but do not meet the structure setbacks or other dimensional standards of the ordinance are substandard structures and shall be subject to the following conditions:

A. Substandard structures and substandard sanitary facilities shall be allowed to continue.

B. In no instance shall the extent to which a structure or sanitary facility violates a setback standard be increased.

C. Any alteration or expansion of a substandard structure which increases the horizontal or vertical riverward building face shall not be allowed unless it can be demonstrated that the structure will be visually inconspicuous in summer months as viewed from the river.

D. If a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional standards of a Saint Croix Riverway ordinance.

6105.0380 DIMENSIONAL STANDARDS AND CRITERIA.

Subpart 1. Purpose. The purpose of establishing dimensional standards and criteria in the Saint Croix Riverway shall be to protect riverway lands by means of acreage, frontage, setback, and height requirements on development. Specific objectives shall be to maintain the aesthetic integrity of the Saint Croix Riverway's dominant natural setting, to reduce the adverse effects of poorly planned shoreland and bluffland development, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to prevent pollution of surface and ground water, to minimize soil erosion, and to provide a natural buffer between the river and developed areas.

Subp. 2. Substandard lots. Lots recorded in the office of the county register of deeds prior to May 1, 1974, that do not meet the requirements of subpart 3, may be allowed as building sites when:

A. the proposed use is permitted in the zoning district;

B. the lot has been in separate ownership from abutting lands since May 1, 1974;

C. it can be demonstrated that a proper and adequate sewage disposal system can be installed in accordance with the provisions of part 6105.0390, subpart 3; and

D. the dimensional standards of a Saint Croix Riverway ordinance are complied with to the greatest extent practicable. A Saint Croix Riverway ordinance may, consistent with these standards and criteria, set a minimum size for substandard lots or impose other restrictions on the development of substandard lots.

Subp. 3. Lot size. For lots created after May 1, 1974, the minimum size shall be:

A. In rural districts, not less than 2-1/2 acres in area; not less than 200 feet in width at the building line; and not less than 200 feet in width on the side abutting or nearest the river.

B. In urban districts:

(1) where public sewer and water were available as of May 1, 1974: not less than 20,000 square feet in area; not less than 100 feet in width at the building line; and not less than 100 feet in width on the side abutting or nearest the river; and

(2) where public sewer and water were not available as of May 1, 1974: not less than one acre in area; not less than 150 feet in width at the building line, and not less than 150 feet in width on the side abutting or nearest the river.

Greater densities of development than those specified above may be permitted for planned cluster developments, subject to the provisions of part 6105.0400, subpart 4.

Subp. 4. Number of dwelling units. There shall not be more than one dwelling unit per lot, with the exception of planned cluster developments that shall be subject to the provisions of part 6105.0400, subpart 4.

Subp. 5. Structure setbacks. Structure setbacks:

A. The following minimum setbacks from the ordinary high water mark and bluff lines shall apply to all structures and private roads and parking areas, except those specified as exceptions herein:

(1) In rural districts: not less than 200 feet from the ordinary high water mark and not less than 100 feet from a bluff line.

(2) In urban districts: not less than 100 feet from the ordinary high water mark and not less than 40 feet from a bluff line.

B. Exceptions to the minimum setbacks:

(1) In rural districts, structure setback from a bluff line may be reduced up to a minimum of 40 feet when it can be demonstrated that no change in the natural appearance of the shoreline, slope, and bluff line will occur and the structure will be visually inconspicuous in summer months as viewed from the river. In reviewing the proposed building site, the local authority, in cooperation with an agent of the commissioner of natural resources, may determine that the structure setback can be varied to within the 40-to-100-foot range from a bluff line if the natural appearance of the shoreline, slope, and bluff line is preserved, and if the applicant agrees to donate a scenic easement to the state. Such scenic easement shall specify that on all land lying from the proposed building line to the river, or property line closest to the river, no destruction, cutting, trimming, or removal of trees, shrubs, bushes, or plants, and no topographic changes of the natural landscape by excavation, drainage, filling, dumping, or any other means shall occur without a written authorization from the commissioner of natural resources.

(2) Where a substandard setback pattern from the ordinary high water mark or a bluff line has already been established by existing principal dwelling unit structures on adjacent lots on both sides of the proposed building site, the setback of the proposed structure shall be the average setback of the existing dwelling units plus at least 40 feet, or the required minimum setbacks of the particular zoning district, whichever distance is less from the average setback line. This exception shall apply only to substandard lots which do not meet the minimum lot width requirements of part 6105.0380, subpart 3.

(3) Developments subject to state permits which provide services to the public and which, by their nature, require location on or near public waters shall be subject to the conditions of the state permits as provided in parts 6105.0390 and 6105.0410 to 6105.0440.

(4) Temporary docks may be allowed as approved by federal, state, or local governments to extend into the water the minimum distance necessary to facilitate the launching or mooring of watercraft during the open-water season.

(5) Signs may be allowed as approved by federal, state, or local governments which are necessary for the public health and safety. Signs may also be allowed that indicate areas that are available or not available for public use. Outside the minimum setbacks within the Saint Croix Riverway, signs that are otherwise lawful are permitted, provided they will be visually inconspicuous in summer months as viewed from the river.

(6) Stairways and lifts to enable access from bluffland properties to the water on steep slopes may be allowed by the local authority, provided the disruption of vegetation and topography is kept to a minimum and the structure will be visually inconspicuous in summer months as viewed from the river.

Subp. 6. Placement of structures. In addition to the setback requirements of subpart 5, placement of structures shall be controlled as follows:

A. Structures shall not be permitted on slopes greater than 12 percent, with the exception of stairways and lifts. Regardless of the number of blufflines on a given property, structures on slopes shall not be permitted. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.

B. When a floodplain ordinance exists, no structure shall be located in the floodway, as defined in Minnesota Statutes, section 104.02. Outside the floodway, structures shall be placed at an elevation consistent with any applicable floodplain management ordinance. Local units of government lacking such ordinances shall adopt floodplain management regulations in accordance with Minnesota Statutes, section 104.04. Until such adoption, the elevation to which the lowest floor of a structure, including a basement, shall be placed, shall be determined after an evaluation of available flood information, and shall be consistent with the statewide standards and criteria for management of floodplain areas in Minnesota.

C. The total area of all impervious surfaces on a lot shall not exceed 20 percent of the total lot area.

Subp. 7. Structure height. The distance between the average ground level at the building line and the uppermost point of the structure shall not exceed 35 feet.

Subp. 8. Color of structures. The exterior color of new structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river by topography. This standard is recommended when repainting and reroofing existing structures visible from the river.

6105.0390 SANITARY STANDARDS AND CRITERIA.

Subpart 1. Purpose. In order to ensure safe and healthful conditions, to prevent pollution and contamination of surface and ground waters, and to guide development compatible with the natural characteristics of blufflands, shorelands, and related water resources, Saint Croix Riverway ordinances shall control individual water supply and waste disposal systems with respect to location, construction, repair, use, and maintenance; and shall control commercial, agricultural, industrial and public waste disposal, and solid waste disposal sites.

Subp. 2. Water supply. Any public or private supply of water for domestic purposes shall conform to Minnesota Department of Health standards for water quality. Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination.

Subp. 3. Sewage and waste disposal. Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.

A. Public or municipal collection and treatment facilities shall be used where available or feasible.

B. All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and any applicable local government regulations in terms of size, construction, use, and maintenance.

C. Location and installation of a septic tank and soil absorption system shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high groundwater elevation, geology, proximity to existing or future water supplies, accessibility for maintenance, and possible expansion of the system.

D. Septic tank and soil absorption systems shall be set back the following distances:

(1) in rural districts, not less than 200 feet from the ordinary high water mark and not less than 40 feet from a bluff line; and

(2) in urban districts, not less than 100 feet from the ordinary high water mark and not less than 40 feet from a bluff line.

E. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:

(1) low, swampy areas, areas subject to recurrent flooding, or natural spring areas;

(2) areas where the highest known groundwater table, bedrock, or impervious soil conditions are within four feet of the bottom of the system; and

(3) areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

F. Saint Croix Riverway ordinances may require or allow alternative methods of sewage disposal, such as holding tanks, privies, electric or gas incinerators, biological and/or tertiary waste treatment plants, or land disposal systems, provided such facilities meet the standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

G. Public sewage disposal and commercial, agricultural, and solid waste disposal shall be subject to the standards, criteria, and rules of the Minnesota Pollution Control Agency.

6105.0400 SUBDIVISIONS.

Subpart 1. Land suitability. Land may be subdivided only where it is demonstrated by the applicant that all lots are suitable for residential development. No land shall be subdivided which is held unsuitable by the local authority, or the commissioner, for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

Subp. 2. Subdivision standards. The provisions otherwise set forth in parts 6105.0360 to 6105.0440 shall apply to all plats except planned cluster developments.

Subp. 3. Preliminary plan approval. Preliminary plans for all plats, including planned cluster developments, shall be approved by the commissioner prior to their approval by the local authority.

Subp. 4. Planned cluster developments. A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to Saint Croix Riverway ordinances for planned cluster developments provided:

A. the number of dwelling units allowed shall not exceed 50 percent more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for a single-family residential subdivision;

B. open space is preserved, including at least 50 percent of the length of shoreland or bluffland frontage as viewed from the river on which the placement of structures is otherwise permitted in part 6105.0380;

C. temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the development;

D. central sewage facilities, if allowed, shall meet the applicable standards, criteria, or rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, and any applicable local government regulations; and

E. the provisions otherwise set forth in parts 6105.0360 to 6105.0440 shall apply to all planned cluster developments.

Subp. 5. Public hearings required. Public hearings shall be held in accordance with part 6105.0530, subparts 2 to 5 to consider all plats, including planned cluster developments.

6105.0410 MARINAS.

Subpart 1. District location. New marinas may only be allowed between the Boomsite Highway Wayside and Stillwater and downstream from the northern city limits of Stillwater in urban districts.

Exception: for rural districts downstream from Stillwater, where marina proposals have water permits pending and/or environmental assessments or impact statements have been ordered under the state or federal environmental impact statement process before the date of notice of hearing for these standards and criteria, the prohibition of marinas does not necessarily apply. These marina proposals may be permitted, modified, or denied on the basis of water permit hearings. This exception shall not be construed to limit or restrict any federal or state agency or court from basing a decision in any permit proceeding on the intent and purposes of the National Wild and Scenic Rivers Act (Public Law Number 92-560); Minnesota Statutes, section 104.25, subdivision 3; and any other applicable state or federal statutes and regulations.

Subp. 2. Design standards. New marinas or marina expansions may be permitted only if they are in the public interest, their size does not exceed the resource limitations of the site, and their design involves utilization of existing harbors in the watercourse or construction of harbors landward of the watercourse.

The design of a marina shall allow for screening between the harbor and the main channel of the watercourse so as to make marina facilities visually inconspicuous in summer months as viewed from the river.

An alternative to use of the water surface for new marinas or marina expansions could be the provision of drydocking facilities for the storage of boats during the open-water season.

Subp. 3. Permit requirements. No construction or development associated with a marina shall begin until all of the following authorizations have been obtained by the applicant:

A. Land authorization. Marinas must be listed as a conditional use in a Saint Croix Riverway ordinance. For uses and structures above the ordinary high-water mark associated with a marina, a public hearing shall be held by the local authority to consider a marina as a conditional use in accordance with part 6105.0530, subparts 2 to 5. The local authority may approve or deny the marina as a result of the public hearing. If the local authority approves the marina, final issuance of the local permit shall be conditioned upon the granting of all state and federal permits required for a marina.

B. Water authorization.

(1) Minnesota Statutes, section 105.42 requires a permit from the commissioner to change the course, current, or cross-section of public waters wholly or partly within the state in the Saint Croix Riverway by any means, including, but not limited to, filling, excavating, or placing of any materials in or on the beds of public waters.

(2) Under section 10 of the River and Harbor Act of 1899 and/or section 404 of the Federal Water Pollution Control Act Amendments of 1972, a permit for structures and/or fill is also required from the Army Corps of Engineers.

(3) If the local authority grants the conditional use permit, then prior to the issuance of a permit required by Minnesota Statutes, section 105.42 for the construction, reconstruction, or expansion of a marina in the Saint Croix Riverway, the commissioner may hold a public hearing as provided by Minnesota Statutes, chapter 105.

(4) Preservation of existing screening, or the establishment of adequate screening shall be a primary consideration of the commissioner in reviewing marina permit applications in the Saint Croix Riverway. Aesthetic incompatibility with the purposes of these standards and criteria shall be adequate justification for denial of a permit application by the commissioner.

(5) Shoreline protective structures authorized by permit, such as rock riprap revetments, shall be of natural earth color tones so as to be visually inconspicuous from the river.

(6) Below the ordinary high-water mark in the watercourse outside of harbors, no permanent pilings, piers, docks, levees, jetties, breakwaters, or the like shall be authorized for marinas.

C. Sanitary authorization. All fueling and sanitary facilities associated with a marina shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and any applicable local government regulations in terms of location, size, construction, use, and maintenance.

6105.0420 ALTERATIONS IN PUBLIC WATERS.

Changing the course, current, or cross-section of public waters requires a permit from the commissioner of natural resources under Minnesota Statutes, section 105.42. The standards in part 6105.0410, subpart 3, item B, subitems (4) to (6) shall apply to any alterations in public waters.

Under section 10 of the River and Harbor Act of 1899 and/or section 404 of the Federal Water Pollution Control Act Amendments of 1972, a permit for any structure and/or fill is also required from the Army Corps of Engineers.

Prior to the issuance of a permit for alterations in public waters, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, chapter 105.

6105.0430 TRANSMISSION SERVICES.

A permit from the commissioner is required pursuant to Minnesota Statutes, section 84.415 or 105.42 before transmission services may cross state-owned lands or public waters.

Rules of the Department of Natural Resources relating to utility crossings of public lands and waters, parts 6135.0100 to 6135.1800, shall apply to proposed transmission services crossings of state-owned lands and public waters. The performance standards in these rules as they relate to transmission services shall apply when securing approval from the local authority to cross other lands in the Saint Croix Riverway.

Prior to the issuance of permit for a transmission services crossing of state-owned lands or public waters in the Saint Croix Riverway, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, chapter 105.

6105.0440 PUBLIC ROADS.

A permit from the commissioner is required pursuant to Minnesota Statutes, section 105.42 before construction, reconstruction, removal, or abandonment of any road or railroad crossing of public waters. In reviewing permit applications required for road or railroad crossings, consideration shall be given to crossings with or adjacent to existing facilities, such as roads and utilities.

Rules of the Department of Natural Resources relating to the wild, scenic, and recreational rivers system, part 6105.0200 shall apply to road crossings of public waters. The performance standards in these rules as they relate to public roads shall also apply when securing approval from the local authority to cross other lands in the Saint Croix Riverway.

Prior to the issuance of a permit for road crossing of public waters in the Saint Croix Riverway, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, chapter 105.

HIST: 12 SR 365 Current as of 11/12/97

See also subsections:

6105.0300 - 6105.0350 Lower St. Croix Water Surface Use

6105.0500 - 6105.0550 St. Croix Riverway Ordinance Administration and Enforcement