Agenda - Environmental Policy Board - 08/04/2014

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subdivisions must be administered according to the MRCCA rules. Subp. 4. Conflicting standards. In case of a conflict between this chapter and any other rule, the more protective provision applies. Subpart 5 was added at the request of local Subp. 5. Local determination. Local governments may determine governments to reduce complexity and whether to administer the Minnesota statewide shoreland confusion on overlapping regulations. It gives management standards in parts 6120.2500 to 6120.3900 within the local governments the option of discontinuing Mississippi River Corridor Critical Area. administration of statewide Shoreland Subp. 6. Superseding standards. Specific standards found in this chapter supersede Executive Order 79 -19 and parts 4410.8100 to Management within the MRCCA. 4410.9910 for management of the Mississippi River Corridor Critical Area. PART 6106.0040 SEVERABILITY Severability means that if particular elements of these rules are found to be Minnesota Statutes, section 645.20, applies to this chapter. unconstitutional, the remaining provisions will continue in force as law. This is a standard clause of all rules and ordinances. PART 6106.0050 DEFINITIONS Of these terms and definitions: Subpart 1. Scope of terms and measurement of distances. For the • 16 refer to or are derived from Minnesota purposes of parts 6106.0010 to 6106.0150, the terms used have the Statutes, section 116G and /or Executive Order 79 - 19, including: adjacent; barge meaning given in this part. All distances, unless otherwise specified, are fleeting area; bluffline; developer; measured horizontally. development; discretionary action; essential Subp. 2. Access path. "Access path" means an area designated to services; local government; MUSA; off - provide ingress and egress to public waters. premise advertising signs; parcel; public transportation facilities; public safety Subp. 3. Adjacent. "Adjacent" means having a boundary that physically facilities; setback; steep slope; and touches or adjoins. transmission services. Subp. 4. Aggregate extraction. "Aggregate extraction" means removal • 22 refer to existing terms and definitions of stone, sand, gravel, or other material from the land for commercial in other state statutes or another chapter of rule, including: agricultural use; conditional industrial, or governmental purposes. use; conservation easement; dock; feedlot; Subp. 5. Aggregate mining. "Aggregate mining" means construction, reconstruction, repair, relocation, expansion, or removal of any facility floodplain; interim use; lot; marina; mooring facility; nonconformity; ordinary high water for the extraction, stockpiling, storage, disposal, or reclamation of level; plat; port; public waters; storm water; nonmetallic minerals. Aggregate mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control subdivision; subsurface sewage treatment system; variance; wetland; and wharf. structures. For purposes of this subpart, "facility" includes all mine pits, • the remaining definitions are new and clarify concepts useful in administering the quarries, stockpiles, basins, and any structures that drain or divert public waters to allow mining. rules. Subp. 6. Agricultural use. "Agricultural use has the meaning given under Minnesota Statutes, chapter 40A. Subp. 7. Alternative design. "Alternative design" means subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. Working Draft Rules MRCCA Working Draft Rules — DNR, June 2, 2014 2 Commentary /Rationale for Changes