Agenda - Planning Commission - 08/05/2010

Home

which calls for the development of standards that: (1) provide guidance for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters; (2) preserve the economic and natural environmental values of shorelands; and (3) provide for the wise use of water and related land resources of the state. The proposed standards include, but are not limited to: • Better water quality protection standards achieved by improved rainwater runoff management, increased drainfield setbacks, and higher shoreline buffer standards for undeveloped lots; • Greater protections for vulnerable areas (e.g., sensitive lakeshore, trout streams, bluffs); • Improved planned unit development standards; • Specific resort standards that allow for expansion and improvements while addressing water quality and habitat concerns; • Higher standards for new developments and new lots (e.g., impervious surface, natural areas, shoreline buffers); • Advanced subdivision controls, including promotion of conservation subdivisions and other creative developments over conventional (lot & block) subdivisions; • Revisions that allow easier local government implementation, while protecting natural resources. and the interests of the general public. These proposed state standards incorporate the latest reliable knowledge. It is believed these standards are pragmatic tools for use by local governments to adapt to specific needs and contexts. For more information, visit: http://mndnr.gov/waters/shoreland.html. Highlights of Proposed Rules The DNR has provided a document of highlights of proposed rules. Proposed Sewage Treatment Standards For new sewage treatment systems, setbacks from the ordinary high water level are proposed to increase to 100 feet for recreational development shorelands up from 75 feet and 75 feet for general development lake shorelands up from 50 feet. For general development lakes, if an approved phosphorus best management practice is employed, the 75 feet may be reduced to 50 feet. The proposal also requires work to obtain a certificate of compliance with conveyance of lot and issuance of any permit or variance. Such approaches are needed to ensure that nonconforming systems are upgraded and functioning properly. These additions will have long-term positive impacts towards the protection, improvement, and preservation of shoreland area natural resources, specifically surface waters and groundwater. Proposed Sediment Control and Stormwater Standards Sediment control The proposed standards for land alteration to control sediment from reaching public waters uses two threshold areas of disturbance. The first threshold is 3,000 square feet, which is about the size of disturbance due to building a new home. Disturbing 3,000 square feet or more would require using common best management practices (e.g., stabilize soils, use of mulches and silt fences, etc.). Second, per existing state rule, construction activities that result in land disturbance of equal to or greater than 1 acre, 132