Agenda - Planning Commission - 02/02/2017

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the shoreland requirements. On the other hand, both rules regulate stormwater management but do not have overlapping regulations. The shoreland rules limit impervious surface to 25% of a lot area, whereas the proposed MRCCA rules do not limit impervious surface coverage as a percentage of lot area. However, the proposed MRCCA rules prohibit impervious surfaces in certain areas and require stormwater treatment for new or fully reconstructed impervious surface of more than 10,000 square feet in near shore areas. Thus it is possible in this case to fully comply with both rules on a single property. Finally, in a number of areas there is no overlap between the proposed MRCCA rules and the statewide shoreland rules. For example, the shoreland management program regulates lot area and width while, with one exception, the proposed MRCCA rules do not. Thus, there may be no issue in applying both sets of regulations to a single property. Performance -Based Rules To best achieve the goals of the MRCCA, the DNR incorporated numerous performance -based standards, including: • standards designed to prevent negative impacts of development on MRCCA resources; • a visual impact standard ("readily visible") that is intended to assess the visibility of a proposed structure from the river from specified areas; • requirements for on -site mitigation for variances and conditional use permits that are proportionate to the environmental impacts associated with the activities permitted by the variance or conditional use permit; • regulations for nonconformities that are consistent with current land use statutes and provide additional flexibility for local governments and property owners; • stormwater runoff reduction standards that are performance -based, providing flexibility in the means to achieve the standards; and • incentives to create conservation subdivisions and developments that protect or enhance key features and resources. Additional Notice Plan Additional notice of the proposed rules will be provided to individuals or groups who could be affected by the rules, using the following methods: • Emailing the Notice of Intent to the same individuals and groups who were sent the Request for Comments in June 2014, and to additional individuals and groups, including the following: o GovDelivery subscribers to the DNR MRCCA Rulemaking Project o property owners who signed up to receive notifications via U.S. mail o local governments within the MRCCA o agencies listed in Minn. Stat. § 103F.211 o U.S. Army Corps of Engineers 17