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Setback From: Setback <br />(in feet) <br />Top of bluff 30 <br />Unplatted cemetery 50 <br />Right-of-way line of federal, state, or county highway 50 <br />Right-of-way line of town road, public street, or other roads or streets not classified 20 <br />1 <br />2 c. Bluff impact zones. Structures and accessory facilities, except stairways and landings, <br />3 must not be placed within bluff impact zones. <br />4 d. Uses without water -oriented needs. Uses without water -oriented needs must be <br />5 located on lots or parcels without public waters frontage, or, if located on lots or parcels <br />6 with public waters frontage, must either be set back double the normal ordinary high <br />7 water level setback or be substantially screened from view from the water by <br />8 vegetation or topography, assuming summer, leaf -on conditions. <br />9 (2) Design criteria for structures. <br />10 a. High water elevations. Structures must be placed in accordance with any floodplain <br />11 regulations applicable to the site. Where these controls do not exist, the elevation to <br />12 which the lowest floor, including basement, is placed or floodproofed must be <br />13 determined as follows: <br />14 1. For lakes, by placing the lowest floor at a level at least three feet above the <br />15 highest known water level, or three feet above the ordinary high water level, <br />16 whichever is higher; <br />17 2. For rivers and streams, by placing the lowest floor at least three feet above the <br />18 flood of record, if data are available. If data are not available, by placing the <br />19 lowest floor at least three feet above the ordinary high water level, or by <br />20 conducting a technical evaluation to determine effects of proposed construction <br />21 upon flood stages and flood flows and to establish a flood protection elevation. <br />22 Under all three approaches, technical evaluations must be done by a qualified <br />23 engineer or hydrologist consistent with Minn. Rules pts. 6120.5000-6120.6200 <br />24 governing the management of floodplain areas. If more than one approach is <br />25 used, the highest flood protection elevation determined must be used for placing <br />26 structures and other facilities; and <br />27 3. Water -oriented accessory structures may have the lowest floor placed lower than <br />28 the elevation determined in this item if the structure is constructed of flood- <br />29 resistant materials to the elevation, electrical and mechanical equipment is <br />30 placed above the elevation and, if long duration flooding is anticipated, the <br />31 structure is built to withstand ice action and wind -driven waves and debris. <br />32 b. Water -oriented accessory structures. Each lot may have one water -oriented accessory <br />33 structure not meeting the normal structure setback in this subdivision if this water- <br />34 oriented accessory structure complies with the following provisions: <br />35 1. The structure or facility must not exceed ten feet in height, exclusive of safety <br />36 rails, and cannot occupy an area greater than 250 square feet. Detached decks <br />37 must not exceed eight feet above grade at any point; <br />38 2. The setback of the structure or facility from the ordinary high water level must be <br />39 at least ten feet; <br />40 3. The structure or facility must be treated to reduce visibility as viewed from public <br />41 waters and adjacent shorelands by vegetation, topography, increased setbacks or <br />42 color, assuming summer, leaf -on conditions; <br />Page 137 of 160 <br />