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Preliminary Draft Definitions — Revised November 5, 2010
<br />Conservation Easement = a nonpossessory interest of a holder in real property imposing limitations or affirmati e obligations the
<br />purposes of which include retaining or protecting natural, scenic, or open -space alues of real property, assuring its a ailability for
<br />agricultural, forest, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or
<br />preser ing the historical, architectural, archaeological, or cultural aspects of real property. (MN Stats, Chapter 84C)
<br />Shore Impact Zone (SIZ) = land located between the WL and a line parallel at a setback of 50 of the required structure setback from the
<br />WL. (MN Rules, Chapter 6120)
<br />Primary Conservation Areas = key resources and features, including the S Z, B Z, and SPZ floodplains, wetlands, gorges areas of confluence
<br />with key tributaries natural drainage routes unstable soils bedrock significant existing egetati e stands, tree canopies, and nati e plant
<br />communities scenic iews istas publicly owned parks, trails open spaces and cultural historic sites structures.
<br />Subdivision the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long -term
<br />leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential,
<br />commercial, industrial, or other use or any combination thereof, except those separations 1 where all the resulting parcels, tracts, lots, or
<br />interests will be 20 acres or larger in size and 500 feet in width for residential uses and fi e acres or larger in size for commercial and
<br />industrial uses 2 creating cemetery lots 3 resulting from court orders, or the adjustment of a lot line by the relocation of a common
<br />boundary. (MN Stats, Chapter 462)
<br />Conventional Subdivision — 44 buildable lots
<br />Conservation Subdivision — 54 buildable lots
<br />Prepared by Minnesota Department of Natural Resources, November 5, 2010
<br />Standard
<br />Type
<br />Preliminary Draft Standards
<br />Executive Order 79 -19
<br />Current Standards & Guidelines
<br />Interim Development
<br />Regulations (IDR)
<br />B
<br />Open Space
<br />General
<br />Provisions
<br />pen space protection will be required for all subdi isions creating_3 lots and P Ds, except
<br />1 minor boundary line corrections
<br />2 resolutions of encroachments
<br />3 additions to existing lots of record and
<br />4 essential ser ices.
<br />C6. Local units of go ernment and regional and state agencies shall de elop plans and
<br />regulations to maximize the creation and maintenance of open space and
<br />recreational potential of the Corridor in accordance with the following
<br />guidelines
<br />a. Existing and potential sites for the following uses shall be identified and
<br />in entoried.
<br />eighborhood, municipal, county and regional parks
<br />2 Scenic o erlooks, scenic iews, and public obser ation platforms
<br />3 Protected open space areas, including islands, gorges, wildlife
<br />preser ation areas, and natural areas
<br />4 Beaches and unde eloped ri er frontage on backwaters, which are
<br />suitable for recreation purposes
<br />5 Commercial marinas and boat launching facilities
<br />6 Public access points to the ri er
<br />7 istoric sites and districts.
<br />b. The Metropolitan Council shall prepare a general trailway plan for the entire
<br />length of the Ri er Corridor which links regional parks.
<br />c. Local units of go ernment shall identify the potential location of trails within
<br />their jurisdictions, including related problems and proposed solutions.
<br />d. Plans and programs to acquire sites for public access to the ri er and to
<br />protect open space areas shall be de eloped.
<br />e. Programs to acquire and manage unde eloped islands in their natural state
<br />and to encourage the restoration of other islands for recreation open space
<br />uses shall be adopted.
<br />No standards in the IDR.
<br />Protection
<br />Measures
<br />pen space shall be protected through a perpetual conservation easement as pro ided in Minnesota
<br />Ch conser
<br />Statutes apter 84C, or fee title ownership by a go ernment entity for nser ation purposes. Local
<br />ordinances must contain pro isions for the administration and maintenance of open space.
<br />Requirements
<br />A percentage of the total project area must be protected as open space as specified below
<br />• District CA -1 A
<br />• District CA -2 minimum of SO with smaller lot sizes and density bonuses pro ided for
<br />conser ation design and protection of additional open space
<br />• District CA -3 minimum 25
<br />• Districts CA -4, CA -6, and CA -7 primary conservation areas up to 15
<br />• District CA -5 underlying zoning transfer of de elopment density into CA -5 is encouraged
<br />n all districts where open space protection is required, primary conservation areas must be the highest
<br />priority for open space protection. n Districts CA -2 and CA -3, if the site plan determines that the primary
<br />conservation areas exceed the minimum percentage of open space required, then the LG shall
<br />determine which to include in the open space if the primary conservation areas do not meet the
<br />minimum percentage of open space required, the LG shall determine the remaining balance on the site.
<br />Connectivity
<br />pen space must connect neighboring or abutting open space, natural areas, and recreational lands as
<br />much as possible to form an interconnected, corridor -wide network of open space and natural areas.
<br />Dedication
<br />General
<br />Provisions
<br />n the de elopment of subdi isions creating_ 3 lots and P Ds, a de eloper will be required to dedicate to
<br />the public reasonable portions of the project area. Pro iding public access to the ri er must be the highest
<br />priority for dedication. n the e ent of practical difficulties or physical impossibility, a de eloper will be
<br />required to contribute an equi alent amount of cash to be used only for the acquisition of land for parks,
<br />q q Y q p
<br />open space, storm water drainage areas or other public ser ices within the MRCCA.
<br />The area dedicated may include areas protected as open space as pro ided abo e.
<br />C.6.f. n the de elopment of residential, commercial and industrial subdi isions, and
<br />planned de elopment, a de eloper shall be required to dedicate to the public
<br />reasonable portions of appropriate ri erfront access and or other lands in
<br />interest therein. n the e ent of practical difficulties or physical impossibility,
<br />P p Y P Y.
<br />the de eloper shall be required to contribute an equi alent amount of cash to
<br />be used only for the acquisition of land for parks, open space, storm water
<br />drainage areas or other public ser ices within the Ri er Corridor.
<br />Preliminary Draft Definitions — Revised November 5, 2010
<br />Conservation Easement = a nonpossessory interest of a holder in real property imposing limitations or affirmati e obligations the
<br />purposes of which include retaining or protecting natural, scenic, or open -space alues of real property, assuring its a ailability for
<br />agricultural, forest, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or
<br />preser ing the historical, architectural, archaeological, or cultural aspects of real property. (MN Stats, Chapter 84C)
<br />Shore Impact Zone (SIZ) = land located between the WL and a line parallel at a setback of 50 of the required structure setback from the
<br />WL. (MN Rules, Chapter 6120)
<br />Primary Conservation Areas = key resources and features, including the S Z, B Z, and SPZ floodplains, wetlands, gorges areas of confluence
<br />with key tributaries natural drainage routes unstable soils bedrock significant existing egetati e stands, tree canopies, and nati e plant
<br />communities scenic iews istas publicly owned parks, trails open spaces and cultural historic sites structures.
<br />Subdivision the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long -term
<br />leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential,
<br />commercial, industrial, or other use or any combination thereof, except those separations 1 where all the resulting parcels, tracts, lots, or
<br />interests will be 20 acres or larger in size and 500 feet in width for residential uses and fi e acres or larger in size for commercial and
<br />industrial uses 2 creating cemetery lots 3 resulting from court orders, or the adjustment of a lot line by the relocation of a common
<br />boundary. (MN Stats, Chapter 462)
<br />Conventional Subdivision — 44 buildable lots
<br />Conservation Subdivision — 54 buildable lots
<br />Prepared by Minnesota Department of Natural Resources, November 5, 2010
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