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• All Other Districts: A 40-foot bluff setback is proposed for all other districts in the MRCCA. The <br />40-foot setback was designed to accommodate disturbances that commonly occur during <br />construction while, at the same time, protecting an undisturbed area at the top of the bluff. <br />This 40-foot setback requirement is derived from the standards for the "urban open space", <br />"urban developed", and "urban diversified districts" in the Interim Development Regulations in <br />Executive Order 79-19. This standard is also consistent with the bluffline setback in Minn. R. <br />6105.0110, subp. 3 (2015) for wild rivers and with standards set by many local ordinances. <br />Exemptions. The DNR is allowed by statute to establish exceptions to guidelines and standards <br />governing individual districts. Minn. Stat. § 116G.15, subd. 4 (2015). Subpart 3 recognizes the need <br />to exempt certain uses and activities from the bluff setback requirements for individual districts. <br />These uses and activities are listed in proposed Minn. R. 6106.0180. These exceptions are designed <br />to address uses, structures, and activities that cannot meet the river or bluff setback requirements <br />and serve their intended purpose. <br />Setback averaging. In developed areas there are multiple structures in place that predate these <br />proposed rules and that may be inconsistent with the proposed OHWL and bluff setback <br />requirements. This subpart allows local governments to use setback averaging where principal <br />structures exist on adjoining lots on both sides of a proposed building site. In these cases the <br />minimum setback can be altered to equal the average of the setbacks of the adjoining lots provided <br />no impervious surface or structure is allowed in the shore impact zone or bluff impact zone. This <br />allows equitable treatment for the new development and helps maintain a consistent community <br />character. This averaging mechanism was derived from a similar standard in the state shoreland <br />rules and is needed to provide flexibility and to minimize concern over nonconformities. <br />Subsurface sewage treatment systems. A river setback standard for subsurface sewage treatment <br />systems is necessary to protect water quality. Consistent with standards in the state shoreland rules, <br />this section adopts a 75-foot setback standard for subsurface sewage treatment systems. <br />Subpart 4. Standards for new lots. With the exception of the "rural and open space" district (CA-ROS), <br />new lots in conventional subdivisions are subject to underlying zoning requirements for both lot area <br />and width. In the CA-ROS district, however, new lots abutting the Mississippi River must be at least 200 <br />feet in width, unless alternative design methods are used (i.e., conservation subdivision or similar <br />methods). The 200-foot width standard is similar to (and in some cases less than) the standards <br />currently in place in townships in rural areas in the southern stretch of the MRCCA. Undeveloped land in <br />this district, if developed at a large scale with small riparian lots, could threaten habitat, ecosystem <br />functions, water quality, and the scenic and rural character that defines this district. <br />In all cases, new lots must have adequate buildable area to comply with the setback requirements in <br />subpart 3 so as not to require a variance in the future. The term "buildable area" for any given lot does <br />not include sensitive natural areas, lands below the OHWL, rights -of -way, and other areas typically <br />restricted from development by local ordinance as defined in proposed Minn. R. 6106.0050, subp. 11. <br />This is a common requirement in most local zoning ordinances. <br />50 <br />