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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />(2) <br />waters frontage, must either be set back double the normal ordinary high water level setback <br />or be substantially screened from view from the water by vegetation or topography, assuming <br />summer, leaf -on conditions. <br />Design criteria for structures. <br />a. 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 <br />the lowest floor, including basement, is placed or floodproofed must be determined as <br />follows: <br />1. For lakes, by placing the lowest floor at a level at least three feet above the highest known <br />water level, or three feet above the ordinary high water level, whichever is higher; <br />2. For rivers and streams, by placing the lowest floor at least three feet above the flood of <br />record, if data are available. If data are not available, by placing the lowest floor at least <br />three feet above the ordinary high water level, or by conducting a technical evaluation to <br />determine effects of proposed construction upon flood stages and flood flows and to <br />establish a flood protection elevation. Under all three approaches, technical evaluations <br />must be done by a qualified engineer or hydrologist consistent with Minn. Rules pts. <br />6120.5000-6120.6200 governing the management of floodplain areas. If more than one <br />approach is used, the highest flood protection elevation determined must be used for <br />placing structures and other facilities; and <br />3. Water -oriented accessory structures may have the lowest floor placed lower than the <br />elevation determined in this item if the structure is constructed of flood -resistant <br />materials to the elevation, electrical and mechanical equipment is placed above the <br />elevation and, if long duration flooding is anticipated, the structure is built to withstand <br />ice action and wind -driven waves and debris. <br />b. Water -oriented accessory structures. Each lot may have one water -oriented accessory <br />structure not meeting the normal structure setback in this subdivision if this water -oriented <br />accessory structure complies with the following provisions: <br />1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and <br />cannot occupy an area greater than 250 square feet. Detached decks must not exceed <br />eight feet above grade at any point; <br />2. The setback of the structure or facility from the ordinary high water level must be at least <br />ten feet; <br />3. The structure or facility must be treated to reduce visibility as viewed from public waters <br />and adjacent shorelands by vegetation, topography, increased setbacks or color, <br />assuming summer, leaf -on conditions; <br />4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a <br />storage area; <br />5. The structure or facility must not be designed or used for human habitation and must not <br />contain water supply or sewage treatment facilities; and <br />6. As an alternative for general development and recreational development waterbodies, <br />water -oriented accessory structures used solely for watercraft storage, and including <br />storage of related boating and water -oriented sporting equipment, may occupy an area <br />up to 400 square feet provided the maximum width of the structure is 20 feet as <br />measured parallel to the configuration of the shoreline. <br />c. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major <br />topographic alterations for achieving access up and down bluffs and steep slopes to shore <br />areas. Stairways and lifts must meet the following design requirements: <br />Page 126 of 147 <br />