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637 b. Not located within 40 feet of slopes greater than 12%. <br />638 c. Not located in the regulatory floodplain. <br />639 <br />640 (h) PERFORMANCE STANDARDS FOR PUBLIC FACILITIES <br />641 1. Purpose. To establish design standards for public facilities that are consistent with best management <br />642 practices and that minimize impacts to primary conservation areas, public river corridor views and other <br />643 resources identified in the MRCCA plan. Public facilities serve the public interest by providing public <br />644 access to the Mississippi River corridor or require locations in or adjacent to the river corridor and <br />645 therefore require some degree of flexibility. <br />646 2. General design standards. All public facilities must be designed and constructed to: <br />647 a. Minimize visibility of the facility from the river to the extent consistent with the purpose of the <br />648 facility; <br />649 b. Comply with the structure placement and height standards in Section 117-148(f) (Structure height <br />650 and placement and lot size), except as provided in Section 117-148(1) (Exemptions); <br />651 c. Be consistent with the vegetation management standards in Section 117-148(i) (Vegetation <br />652 Management) and the land alteration and storm water management standards in Section 117- <br />653 148(j) (Land alteration standards and stormwater management), including use of practices <br />654 identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, <br />655 where applicable; <br />656 d. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then <br />657 disturbance to primary conservation areas must be avoided to the greatest extent practicable, <br />658 and design and construction must minimize impacts; and <br />659 e. Minimize disturbance of spawning and nesting times by scheduling construction at times when <br />660 local fish and wildlife are not spawning or nesting. <br />661 <br />662 <br />663 <br />3. Right-of-way maintenance standards. Right-of-way maintenance must comply with the following <br />standards: <br />a. Vegetation currently in a natural state must be maintained to the extent feasible; <br />664 b. Where vegetation in a natural state has been removed, native plants must be planted and <br />665 maintained on the right-of-way; and <br />666 c. Chemical control of vegetation must be avoided when practicable, but when chemical control is <br />667 necessary, chemicals used must be in accordance with the regulations and other requirements of <br />668 all state and federal agencies with authority over the chemical's use. <br />669 4. Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner <br />670 are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and <br />671 103G.245. <br />672 5. Public utilities. Public utilities must comply with the following standards: <br />673 a. High -voltage transmission lines, wind energy conversion systems greater than five megawatts, and <br />674 pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G <br />675 respectively; and <br />19 <br />