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670 (h) PERFORMANCE STANDARDS FOR PUBLIC FACILITIES <br />671 1. Purpose. To establish design standards for public facilities that are consistent with best management <br />672 practices and that minimize impacts to primary conservation areas, public river corridor views and other <br />673 resources identified in the MRCCA plan. Public facilities serve the public interest by providing public <br />674 access to the Mississippi River corridor or require locations in or adjacent to the river corridor and <br />675 therefore require some degree of flexibility. <br />676 2. General design standards. All public facilities must be designed and constructed to: <br />677 a. Minimize visibility of the facility from the river to the extent consistent with the purpose of the <br />678 facility; <br />679 b. Comply with the structure placement and height standards in Section 117-148(f) (Structure height <br />680 and placement and lot size),except as provided in Section 117-148(l) (Exemptions); <br />681 c. Be consistent with the vegetation management standards in Section 117-148(i) (Vegetation <br />682 Management) and the land alteration and storm water management standards in Section 117- <br />683 148(j) (Land alteration standards and stormwater management), including use of practices <br />684 identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, <br />685 where applicable; <br />686 d. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then <br />687 disturbance to primary conservation areas must be avoided to the greatest extent practicable, <br />688 and design and construction must minimize impacts; and <br />689 e. Minimize disturbance of spawning and nesting times by scheduling construction at times when <br />690 local fish and wildlife are not spawning or nesting. <br />691 3. Right-of-way maintenance standards. Right-of-way maintenance must comply with the following <br />692 standards: <br />693 a. Vegetation currently in a natural state must be maintained to the extent feasible; <br />694 b. Where vegetation in a natural state has been removed, native plants must be planted and <br />695 maintained on the right-of-way; and <br />696 c. Chemical control of vegetation must be avoided when practicable, but when chemical control is <br />697 necessary, chemicals used must be in accordance with the regulations and other requirements of <br />698 all state and federal agencies with authority over the chemical’s use. <br />699 4.Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner <br />700 are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and <br />701 103G.245. <br />702 5. Public utilities. Public utilities must comply with the following standards: <br />703 a. High-voltage transmission lines, wind energy conversion systems greater than five megawatts, and <br />704 pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G <br />705 respectively; and <br />706 b. If overhead placement is necessary, utility facility crossings must minimize visibility of the facility <br />707 from the river and follow other existing right of ways as much as practicable. <br />708 c. The appearance of structures must be as compatible as practicable with the surrounding area in a <br />709 natural state with regard to height and width, materials used, and color. <br />20 12/30/2020 <br /> <br /> <br />