Agenda - Council - 08/08/2023 - Laserfiche WebLink

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1 b. If the primary conservation areas exceed the amounts specified in section 920(K)(4)a 2 above, then protection of native plant communities and natural vegetation in riparian 3 areas shall be prioritized. 4 c. If primary conservation areas exist but do not have natural vegetation (identified as 5 restoration priorities in the MRCCA plan), then a vegetation assessment must be 6 completed to evaluate the unvegetated primary conservation areas and determine 7 whether vegetation restoration is needed. If restoration is needed, vegetation must be 8 on 117 148(i)(6)b (undcr vegetation restoration plan). 9 a. If primary conservation areas do not exist on the parcel and portions of the parcel have 10 been identified in the MRCCA plan as a restoration area, vegetation must be restored 11 in the identified areas according to scction 117 148(i)(6)b (under vegetation restoratie— 12 plan) and the area must be set aside and designated as protected open space. 13 e. Storm water treatment areas or other green infrastructure may be used to meet the 14 protected open space requirements if the vegetation provides biological and ecological 15 functions. 16 f. Land dedicated under this section for public river access, parks, or other open space, or 17 public facilities may be counted toward the protected open space requirement. 18 g. Protected open space areas must connect open space, natural areas, and recreational 19 areas, where present on adjacent parcels, as much as possible, to form an 20 interconnected network. 21 (5) Permanent protection of designated open space. 22 a. Designated open space areas must be protected through one or more of the following 23 methods: 24 1. Public acquisition by a government entity for conservation purposes; 25 2. A permanent conservation easement, as provided in Minn. Stats. ch. 84C; 26 3. A deed restriction; and 27 4. Other arrangements that achieve an equivalent degree of protection. 28 b. Permanent protection methods must ensure the long-term management of vegetation 29 to meet its biological and ecological functions, prohibit structures, and prohibit land 30 alteration, except as needed to provide public recreational facilities and access to the 31 river. 32 (L) Exemptions 33 (1) Purpose. To provide exemptions to structure placement, height and other standards for 34 specific river or water access dependent facilities as provided in Minn. Stats. § 116G.15, subd. 35 4. 36 (2) Applicability. 37 a. Uses and activities not specifically exempted must comply with this section. Uses and 38 activities exempted under shefc impact zone and bluff impact zone must eomply with 39 the vegetation management and land alteratie-A—standards in sections 117 148(i) 40 {vegetation management) and 117 148(j) (land alterations standards and stormwatcr 41 management). 42 (3) Use and activity exemptions classification. 43 a. Uses and activities in the following tables scction 117 148(I)(3) below are categorized 44 as: 45 1. Exempt — E. This means that the use or activity is allowed; 46 2. Exempt if no alternative — (E). This means that the use or activity is allowed only 47 if no alternatives exist; and 48 3. Not exempt — N. This means that a use or activity is not exempt and must meet 49 the standards of this section. Page 115 of 160