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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 />Right-of-way line of federal, state, or county highway <br />50 <br />Right-of-way line of town road, public street, or other roads or streets not classified <br />20 <br />C. Bluff impact zones. Structures and accessory facilities, except stairways and landings, <br />must not be placed within bluff impact zones. <br />d. Uses without water -oriented needs. Uses without water -oriented needs must be <br />located on lots or parcels without public waters frontage, or, if located on lots or parcels <br />with public waters frontage, must either be set back double the normal ordinary high <br />water level setback or be substantially screened from view from the water by <br />vegetation or topography, assuming summer, leaf -on conditions. <br />(2) 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 <br />which the lowest floor, including basement, is placed or floodproofed must be <br />determined as follows: <br />1. For lakes, by placing the lowest floor at a level at least three feet above the <br />highest known water level, or three feet above the ordinary high water level, <br />whichever is higher; <br />2. For rivers and streams, by placing the lowest floor at least three feet above the <br />flood of record, if data are available. If data are not available, by placing the <br />lowest floor at least three feet above the ordinary high water level, or by <br />conducting a technical evaluation to determine effects of proposed construction <br />upon flood stages and flood flows and to establish a flood protection elevation. <br />Under all three approaches, technical evaluations must be done by a qualified <br />engineer or hydrologist consistent with Minn. Rules pts. 6120.5000-6120.6200 <br />governing the management of floodplain areas. If more than one approach is <br />used, the highest flood protection elevation determined must be used for placing <br />structures and other facilities; and <br />3. Water -oriented accessory structures may have the lowest floor placed lower than <br />the elevation determined in this item if the structure is constructed of flood - <br />resistant materials to the elevation, electrical and mechanical equipment is <br />placed above the elevation and, if long duration flooding is anticipated, the <br />structure is built to withstand 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 - <br />oriented accessory structure complies with the following provisions: <br />1. The structure or facility must not exceed ten feet in height, exclusive of safety <br />rails, and cannot occupy an area greater than 250 square feet. Detached decks <br />must not exceed eight feet above grade at any point; <br />2. The setback of the structure or facility from the ordinary high water level must be <br />at least ten feet; <br />3. The structure or facility must be treated to reduce visibility as viewed from public <br />waters and adjacent shorelands by vegetation, topography, increased setbacks or <br />color, 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 <br />as a storage area; <br />5. The structure or facility must not be designed or used for human habitation and <br />must not contain water supply or sewage treatment facilities; and <br />Page 137 of 160 <br />