Agenda - Council Work Session - 10/29/2013

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Draft Rules other public authorities, shall exercise their powers so as to further the purposes of parts 6106.0010 to 6106.0150. Subp. 3. State land. Land owned by the state and its agencies and subdivisions shall be administered according to parts 6106.0010 to 6106.0150. Subp. 4. Conflicting standards. In case of a conflict between this chapter and any other rule, the more protective provision applies. Subp. 5. Local determination. A. Local governments may determine whether to administer the Minnesota statewide shoreland management standards in parts 6120.2500 to 6120.3900 within the Mississippi River Corridor Critical Area. B. Local governments may determine whether to administer the Minnesota wild, scenic, and recreational river rules in parts 6105.0010 to 6105.0250 and 6105.0800 to 6105.0960 within the Mississippi River Corridor Critical Area. Subp. 6. Superseding standards. Specific standards found in this chapter supersede Executive Order 79-19 and parts 4410.8100 to 4410.9910 for management of the Mississippi River Corridor Critical Area. PART 6106.0040 SEVERABILITY Minnesota Statutes, section 645.20, applies to this chapter. PART 6106.0050 DEFINITIONS Subpart 1. Scope of terms and measurement of distances. For the purposes of parts 6106.0010 to 6106.0150, the terms used have the meaning given in this part. All distances, unless otherwise specified, are measured horizontally. Subp. 2. Access path. "Access path" means an area designated to provide ingress and egress to public waters. Subp. 3. Accessory structure. "Accessory structure" means a building, structure, or improvement subordinate to and on the same lot as the principal structure or use, including sheds, storage shelters, gazebos, hot tubs, swimming pools, pole buildings, detached garages, decks, patios, and other similar structures. Subp. 4. Adjacent. "Adjacent" means having a boundary that physically touches or adjoins. Subp. 5. Aggregate extraction. "Aggregate extraction" means removal of stone, sand, gravel, or other material from the land for commercial, industrial, or governmental purposes. 2 Commentary Subpart 5 was added at the request of local governments to reduce complexity and confusion on overlapping regulations. It gives local governments the option of discontinuing administration of statewide Shoreland Management within the MRCCA. Item 5.8 is no longer relevant. Dayton and Ramsey were the only two local governments within the Wild & Scenic designated portion of the Mississippi River, and both were removed from this designation by the Legislature in 2012. Severability means that if particular elements of these rules are found to be unconstitutional, the remaining provisions will continue in force as law. This is a standard clause of all rules and ordinances. Eighty-seven definitions are included in this part. Of these terms and definitions: • 19 refer to or are derived from Minnesota Statutes, section 116G and/or Executive Order 79-19, including: adjacent; barge fleeting area; barge slip; bluffline; developer; development; development permit; discretionary action; essential services; local government; Metropolitan plans, guides, and standards; MUSA; off -premise general advertising signs; parcel; public transportation facilities; public safety facilities; setback; steep slopes; and transmission services. • 23 refer to existing terms and definitions in other state statutes or another chapter of rule, including: agricultural use; conditional use; conservation easement; dock; feedlot; floodplain; interim use; lot; marina; mooring facility; nonconformity; ordinary high water level; plat; port; public waters; shoreland; 6106.0050