Agenda - Council Work Session - 02/23/2021

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6115.0211 MINNESOTA RULES 36 A. the mooring facility is designed in a compact fashion so as to blend in with the surrounding shoreline and so that all mooring and maneuvering activities can be normally confined to an area bounded by the property lines as extended into public waters while minimizing the surface area occupied in relation to the number of watercraft to be served; B. the mooring facility minimizes encroachment waterward of the ordinary high water level; C. for docks or mooring facilities more than eight feet in width, the applicant provides reasonable justification that the proposed width represents the minimal impact solution to a specific need with respect to all reasonable alternatives; and D. offshore mooring facilities shall be approved, subject to the listed specific conditions: (1) private offshore mooring facilities not serving as marinas, if the mooring facility is consistent with or allowed under local land use controls, as determined by the local government land use authority; (2) public offshore mooring facilities not serving as marinas, if: (a) a local unit of government passes a resolution that specifies the public interests to be benefited by the proposal; (b) the mooring facility is appropriately sized consistent with the demand for mooring facilities in the area and the number of watercraft to be served; and (c) the mooring facility is available for use by the general public; and (3) offshore marinas, if: (a) the area is zoned for such use or the local government land use authority grants a land use permit; and (b) the marina is sized consistent with the demand for mooring facilities in the area and the number of watercraft to be served. Subp. 5. Retaining walls and erosion and sedimentation control structures. A permit is required for the construction or reconstruction of all retaining walls and erosion and sedimentation control structures that do not impound water. The construction of retaining walls is discouraged because their appearance is generally not consistent with the natural environment and their construction and maintenance cost is generally greater than riprap. The issuance of permits is contingent on the following conditions: A. existing or expected erosion problems preclude the use of riprap shore protection, there is a demonstrated need for direct shoreland docking, or the design is consistent with existing uses in the area. Examples are: riverfront commercial -industrial areas having existing structures of this nature, dense residential shoreland areas where similar retaining walls are common, resorts where floating docks may be attached to such a bulkhead, or where barges are utilized to transport equipment and supplies; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.