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Draft Rules <br />adopted under this part; and <br />(2) scaled mapping, dimensional renderings, plans, <br />maintenance agreements, and other materials that <br />identify and describe the following and demonstrate <br />compliance with plans and ordinances, as applicable: <br />a) primary conservation areas; <br />b) buildable area and suitable area; <br />c) existing and proposed topography and <br />drainage patterns; <br />d) proposed storm water and erosion and <br />sediment control practices; <br />e) existing and proposed vegetation to be <br />removed and established; <br />f) ordinary high water level, blufflines, and all <br />required setbacks; <br />g) existing and proposed structures; <br />h) existing and proposed impervious surfaces; and <br />i) existing and proposed subsurface sewage <br />treatment systems. <br />Subp. 14. Nonconformities. <br />A. Notwithstanding item B, nonconformities are regulated by <br />local governments consistent with Minnesota Statutes, <br />chapters 394.36 and 462.357. <br />B. Expansion of nonconforming structures may be permitted if <br />the expansion does not increase the degree of nonconformity <br />and provided that any expansion of a nonconforming structure <br />that increases the horizontal or vertical riverward structure <br />face are not allowed unless it can be demonstrated that the <br />expansion will not be readily visible. <br />Subp. 15. Conditional and interim use permits. <br />A. In addition to meeting the requirements of Minnesota <br />Statutes, chapters 394 and 462, local ordinances must <br />incorporate standards for the review of conditional and <br />interim use permits required by parts 6106.0090 to 6106.0150. <br />Local government review must evaluate potential impacts on <br />the resources and features identified in Minnesota Statutes, <br />section 116G.15, subdivision 4, paragraph (b). <br />B. When evaluation and assessment identify an impact under <br />item A, then the issuance of a conditional or interim use <br />permit must include conditions for mitigation according to <br />subpart 17. <br />C. Interim use permits must require compliance with plans and <br />ordinances adopted under this part. <br />Commentary <br />Clarify this subpart by identifying the <br />specific permits where site plans are <br />required, instead of referring to the rule <br />parts. The rules "require" three permits: <br />• Land disturbance > 250 sf <br />• Work below OHWL <br />• Work in the BIZ, SIZ, or SPZ <br />This subpart references Minnesota Law (MS <br />394.36 for counties and MS 462.357 for cities) <br />that grant rights to continue using <br />nonconforming uses, structures, and <br />properties. The rule allows structures that are <br />nonconforming due to setback to be <br />expanded as long as the expansion does not <br />increase the nonconformity. <br />Poor wording makes intent unclear. <br />Recommend rewriting this subpart to <br />clarify intent. The intent is to require <br />standards for evaluating CUP and IUP <br />applications in the MRCCA and to require <br />mitigation in situations where these <br />permits affect MRCCA resources. The <br />rules require a CUP or IUP for only one <br />use -mining. Otherwise, this subpart <br />applies to activities that LGUs regulate <br />through their required CUPs and IUPs. <br />20 6106.0060 <br />