Agenda - Planning Commission - 02/02/2017

Home

developed. Application of these best management practices for forestry activities is intended to insure protection of the floodplains, significant existing vegetative stands, tree canopies, native plant communities, and scenic views and vistas. Subpart 5. Nonmetallic mining. This subpart prohibits new nonmetallic mining within the shore impact zone, bluff impact zone, and required setback areas. There are a number of aggregate mining and extraction operations in the southern portion of the MRCCA. Local units of government had requested the ability to continue to allow some nonmetallic mining through conditional or interim use permits. Consistent with these requests, the standards allow local regulation of nonmetallic mining while minimizing the impact of potential mining and extraction activities within the MRCCA. Both existing mines and any new nonmetallic mines must, however, meet established standards for location, site management, and reclamation. These restrictions are consistent with the Interim Development Regulations adopted under Executive Order 79-19 and existing local government requirements. Subpart 6. River dependent uses. The MRCCA governing statute presumes that the MRCCA will continues to be used for multiple purposes, including use as a transportation corridor, an economic resource, for water supply, and for storm water and wastewater treatment facilities. Minn. Stat. § 116G.15, subd. 2 (2015). For this reason, river access within certain districts must be maintained and shoreline facilities, private roads, and conveyances serving these uses are exempt from structure setbacks, subject to the provisions of proposed Minn. R. 6106.0180. The standards set out in this subpart apply to these facilities as well as to other parking areas and structures, and the placement of dredged material within the MRCCA. The subpart also makes clear that dredging and placement of dredged material within the MRCCA requires a DNR permit for work in public waters. Additionally, activities in the immediate riverfront area are solely limited to those that must be placed near the river for operational reasons. Subpart 7. Wireless communication facilities. Local governments currently regulate the placement of wireless communication facilities, including towers. This subpart ensures that these regulations minimize the visual impacts of towers and restricts their placement in sensitive natural areas. Additionally, new facilities must demonstrate that functional coverage cannot be provided through co - location, a lower tower, or a tower located outside the MRCCA. 6106.0120 Dimensional Standards Subpart 1. Purpose. To protect primary conservation areas from development impacts, this part establishes dimensional standards for structures within the MRCCA. Subpart2. Structure height. The height restrictions set out in this subpart are designed to allow development within the MRCCA while protecting "views of and from the river" as directed in Executive Order 79-19 and as set forth in the National Park Service's MNRRA Comprehensive Management Plan. Structure height is one of the factors that varies the most by district, and has been the subject of considerable discussion and public input. In establishing the proposed structure height limitations, the DNR considered a variety of factors, including existing regulations, natural and scenic resources, existing and planned land uses, and standards already in place in local government ordinances. 45