Agenda - Council - 04/21/2009 - Special

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S.F. No. 671, 2nd Engrossment - 86th Legislative Session (2009-2010) .Page 3 of 4 ~; ~~ (5) natural drainaee routes: (6) shorelines and riverbanks; 4.2 7 bluffs• 4.3 (8) steep slopes and very steep slopes: 4.4 (9) unstable soils and bedrock; (10) significant existing vegetative stands, tree canopies and native plant communities; (11) scenic views and vistas; 4.8 (12) publicly ownedarks, trails, and open spaces; 4.9 (13) cultural and historic sites and structures: and 4.10 (14, water quality 4 . it (c) The commissioner shall establish a map to define bluffs and bluff-related features 4.12 within the Mississippi River corridor critical area. At the outset of the rulemaking~roces~ the commissioner shall create a preliminary map of all the bluffs and bluff lines within the Mississippi River corridor critical area. based on the guidelines in paragraph (d .The 4.15 rulemaking_process shall provide an opportunity to refine the preliminar,~bluff map. The 4.16 commissioner may add to or remove areas of demonstrably unique or atypical conditions 4.17 that warrant special protection or exemption. At the end of the rulemaking~rocess, the 4 . is commissioner shall adopt a final bluff map that contains associated features, including 4.19 bluff lines. bases of bluffs, steep slopes and very steep slopes 4.20 (d) The following_guidelines shall be used by the commissioner to create a 4.21 preliminary bluff map as part of the rulemaking process: 4.22 L) "bluff face" or "bluff' means the area between the bluff line and the bluff base. A high steep, natural topographic feature such as a broad hill cliff or embankment with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff base and the bluff line: 4.26 (2) "bluffline" means a line delineatin tg he top of a slope connecting the points 4.27 at which the slope becomes less than 18 percent More than one bluff line may be encountered proceeding upslope from the river valley; (3) "base of the bluff' means a line delineating the bottom of a slope connecting 4.30 the points at which the slope becomes 18 percent or greater More than one bluff base may be encountered~roceeding landward from the water 4.32 ~) "steep slopes" means 12 percent to 18 percent slopes Steep slopes are natural 4.33 topographic features with an average slope of 12 to 18 percent measured over a horizontal distance of 50 feet or more; and (5 "very steep slopes" means slopes 18 percent or greater Very steep slopes are natural topographic features with an average slope of 18 percent or rg eater measured over a horizontal distance of 50 feet or more. 5.4 Subd. 5. Application. The standards established under this section shall be used: (1) by local units of government when preparing or updating~lans or modifying regulations; 2 b state and re final a encies for ermit re ulation and in develo in Tans within their jurisdiction; 5.9 (3Ly the Metropolitan Council for reviewing~lans, r~ulations, and development permit applications: and (4Zy the commissioner when approving.~plans regulations and development 5.12 permit applications. 5.13 Subd. 6. Notification; fees. (a) A local unit of government or a regional or state 5.14 agency shall notify the commissioner of natural resources of all developments in the 5.15 corridor that require discretionary actions under their rules at least 10 days before taking 5.16 final action on the application A local unit of government or agency failing to notify the 5,.1,7 commissioner at least 10 days before taking_final action shall submit a late fee of $500 5.18 to the commissioner. The commissioner may establish exemptions from the notification https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0671.2.htm1&session=1s86 4/17/2009