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*One water-oriented accessory structure designed in accordance with Section 9.25.05, Subd. 6.b <br />of this section may be set back a minimum distance often (10) feet from the ordinary high water <br />level. <br />2. Additional Structure Setbacks. The following additional structure setbacks apply, <br />regardless of the classification of the waterbody: <br />Setback From: Setback (in feet) <br />(1) top of bluff; 30 <br />(2) unplatted cemetery; 50 <br />(3) right-of--way line of 50 <br />federal, state, or <br />county highway; and <br />(4) right-of--way line of 20 <br />town road, public street, <br />or other roads or streets <br />not classified. <br />3. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, <br />must not be placed within bluff impact zones. <br />4. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located <br />on lots or parcels without public waters frontage, or, if located on lots or parcels with public <br />waters frontage, must either be set back double the normal ordinary high water level setback or <br />be substantially screened from view from the water by vegetation or topography, assuming <br />summer, leaf-on conditions. <br />b. Design Criteria For Structures. <br />1. High Water Elevations. Structures must be placed in accordance with any floodplain <br />regulations applicable to the site. Where these controls do not exist, the elevation to which the <br />lowest floor, including basement, is placed or flood-proofed must be determined as follows: <br />(a) for lakes, by placing the lowest floor at a level at least three feet above the highest <br />known water level, or three feet above the ordinary high water level, whichever is <br />higher; <br />(b) for rivers and streams, by placing the lowest floor at least three feet above the <br />flood of record, if data are available. If data are not available, by placing the <br />lowest floor at least three feet above the ordinary high water level, or by <br />conducting a technical evaluation to determine effects of proposed construction <br />upon flood stages and flood flows and to establish a flood protection elevation. <br />Under all three approaches, technical evaluations must be done by a qualified <br />engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing <br />the management of flood plain areas. If more than one approach is used, the <br />13 <br />