Agenda - Planning Commission - 02/02/2017

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space and natural areas to create interconnected patches of habitat and corridors for both wildlife movement and recreational use. • Connecting protected open space. The rules identify a preference for a connecting open space and natural areas to create interconnected patches of habitat and corridors for both wildlife movement and recreational use. Contiguous open space and habitat has been demonstrated to result in improved native flora and fauna and associated habitatz4. Subpart 5. Land dedication. Minnesota statute authorizes local governments to require developers to dedicate a "reasonable portion of buildable lands" as public amenities, including land for parks, recreational facilities, trails, wetlands and open space. Minn. Stat. § 462.358, subd. 2b(a) (2015) and Minn. Stat. § 394.25, subd. 7 (2015). The establishment of the MRCCA predates these statutory requirements; however, Executive Order 79-19 did include a requirement for dedication of riverfront access land, or cash in lieu of such land, to the public. This provision was included in proposed Minn. R 6106.0170 to be consistent with the current statutory requirements. This subpart only applies to those local governments that require land dedication under Minn. Stat. §§ 394.25, subd. 7 and 462.358, subd. 2b(a) (2015). 6106.0180 Exemptions from Setbacks, Height Limits, and Other Requirements The MRCCA authorizing statute authorizes the DNR to "provide certain exceptions and criteria for standards, including, but not limited to, exceptions for river access facilities, water supply facilities, storm water facilities, and wastewater treatment facilities, and hydropower facilities." Minn. Stat. § 116 G.15, subd. 4 (2015). This rule sets forth the exemptions from the proposed MRCCA rules, including the exemptions of certain structures and uses from the setback requirements, structure height standards, and restrictions imposed within the shore impact and bluff impact zones. The Interim Development Regulations in Executive Order 79-19 include many similar exemptions, including: water -related commercial recreational uses, public facilities such as transmission services, transportation facilities, and water and wastewater facilities. These exemptions have been updated and carried forward to the proposed MRCCA rules. Other factors used in creating new exemptions included: consistency with exemptions in current local government ordinances, stakeholder comments, the potential impact of the activity proposed for exemption on MRCCA resources, the current character of land use within the various districts, the public purpose of the activity proposed for exemption, and the needs of property owners and river -dependent uses. The exemptions are listed in table format in order to assist readers in locating specific structures and uses. The table also cross-references other parts of the proposed MRCCA rules that provide additional standards for these structures and uses. Details of specific exemptions include: 24 Milder, 2007. 66