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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 affirmative obligations the
<br />purposes of which include retaining or protecting natural, scenic, or open -space values of real property, assuring its availability for
<br />agricultural, forest, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or
<br />preserving the historical, architectural, archaeological, or cultural aspects of real property. (MN Stats, Chapter 84C)
<br />Shore Impact Zone (SIZ) = land located between the OHWL and a line parallel at a setback of 50% of the required structure setback from the
<br />OHWL. (MN Rules, Chapter 6120)
<br />Primary Conservation Areas = key resources and features, including: the SIZ, BIZ, and SPZ; floodplains, wetlands, gorges; areas of confluence
<br />with key tributaries; natural drainage routes; unstable soils & bedrock; significant existing vegetative stands, tree canopies, and native plant
<br />communities; scenic views & vistas; 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 five 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 — 41 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 />Open space protection will be required for all subdivisions creating > 3 lots and PUDs, except:
<br />(1) minor boundary line corrections;
<br />(2) resolutions of encroachments;
<br />(3) additions to existing lots of record; and
<br />(4) essential services.
<br />C6. Local units of government and regional and state agencies shall develop 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 />inventoried.
<br />(1) Neighborhood, municipal, county and regional parks;
<br />(2) Scenic overlooks, scenic views, and public observation platforms;.
<br />(3) Protected open space areas, including islands, gorges, wildlife
<br />preservation areas, and natural areas;
<br />(4) Beaches and undeveloped river 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 river;
<br />(7) Historic sites and districts.
<br />b. The Metropolitan Council shall prepare a general trailway plan for the entire
<br />length of the River Corridor which links regional parks.
<br />c. Local units of government 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 river and to
<br />protect open space areas shall be developed.
<br />e. Programs to acquire and manage undeveloped 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 />Open space shall be protected through a perpetual conservation easement as provided in Minnesota
<br />Statutes Chapter 84C, or fee title ownership by a government entity for conservation purposes. Local
<br />ordinances must contain provisions 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: NA
<br />• District CA -2: minimum of 50% (with smaller lot sizes and density bonuses provided for
<br />conservation 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 development density into CA -5 is encouraged)
<br />In all districts where open space protection is required, primary conservation areas must be the highest
<br />priority for open space protection. In 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 LGU 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 LGU shall determine the remaining balance on the site.
<br />Connectivity
<br />Open 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 />In the development of subdivisions creating> 3lots and PUDs, a developer will be required to dedicate to
<br />the public reasonable portions of the project area. Providing public access to the river must be the highest
<br />priority for dedication. In the event of practical difficulties or physical impossibility, a developer will be
<br />required to contribute an equivalent amount of cash to be used only for the acquisition of land for parks,
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<br />open space, storm water drainage areas or other public services within the MRCCA.
<br />The area dedicated may include areas protected as open space as provided above.
<br />C.6.f. In the development of residential, commercial and industrial subdivisions, and
<br />planned development, a developer shall be required to dedicate to the public
<br />reasonable portions of appropriate riverfront access and or other lands in
<br />interest therein. In the event of practical difficulties or physical impossibility,
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<br />the developer shall be required to contribute an equivalent 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 services within the River Corridor.
<br />Preliminary Draft Definitions — Revised November 5, 2010
<br />Conservation Easement = a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the
<br />purposes of which include retaining or protecting natural, scenic, or open -space values of real property, assuring its availability for
<br />agricultural, forest, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or
<br />preserving the historical, architectural, archaeological, or cultural aspects of real property. (MN Stats, Chapter 84C)
<br />Shore Impact Zone (SIZ) = land located between the OHWL and a line parallel at a setback of 50% of the required structure setback from the
<br />OHWL. (MN Rules, Chapter 6120)
<br />Primary Conservation Areas = key resources and features, including: the SIZ, BIZ, and SPZ; floodplains, wetlands, gorges; areas of confluence
<br />with key tributaries; natural drainage routes; unstable soils & bedrock; significant existing vegetative stands, tree canopies, and native plant
<br />communities; scenic views & vistas; 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 five 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 — 41 buildable lots
<br />Conservation Subdivision — 54 buildable lots
<br />Prepared by Minnesota Department of Natural Resources, November 5, 2010
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