MISSISSIPPI HEADWATERS BOARD
MANAGEMENT PLAN - 1992
TABLE OF CONTENTS
I. THE MISSISSIPPI HEADWATERS BOARD 3
Organization of the Mississippi Headwaters Board
Powers of the Mississippi Headwaters Board
Protection of the Basin
Protection of the Water
The Mississippi Headwaters Board from 1980 to 1992
II. HISTORY AND AUTHORITY OF THE MISSISSIPPI 4
HEADWATERS BOARD
Legislative History at the Federal Level
Local Response to the Federal Initiative
Requirements of the National Park Service
Legislative Action to Establish the Mississippi Headwaters Board
III. ADMINISTRATION OF THE MISSISSIPPI HEADWATERS BOARD 9
Operations of the Mississippi Headwaters Board
Finances of the Mississippi Headwaters Board
Accomplishments and Activities of the Mississippi Headwaters Board
IV. THE MANAGEMENT PLAN OF THE MISSISSIPPI 15
HEADWATERS BOARD
Summary of the Management Plan
Management Guidelines for Lands in the River Corridor
Land Ownership in the River Corridor
Management of River Resources
Identification and Inventory of River Resources
V. MISSISSIPPI HEADWATERS MODEL ORDINANCE 20
VI. MISSISSIPPI HEADWATERS CORRIDOR MAPS 71
Published by Mississippi Headwaters Board
Cass County Courthouse
PO Box 3000
Walker, MN 56484
218/547-7263
July 1992
I. THE MISSISSIPPI HEADWATERS BOARD
Organization of the Mississippi Headwaters Board
The Mississippi Headwaters Board (MHB) is an eight county joint powers board organized to preserve and protect the natural, cultural, scenic, scientific and recreational values of the Mississippi River. The Mississippi Headwaters Board regulates land use and building dimensions in a defined corridor on either side of the Mississippi River and certain Headwaters Lakes in the unincorporated areas of the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing and Morrison. The MHB has jurisdiction only in the unincorporated areas. Protection of the Mississippi River in the municipalities of Bemidji, Grand Rapids, Palisade, Baxter, Brainerd and Little Falls, is by municipal ordinance and under the State of Minnesota shoreland protection program.
The Mississippi Headwaters Board was formed in 1980 as an alternative to designation
of the similar section of the Mississippi River as a National Wild and Scenic
River. It provides for protection of privately-owned lands in the river corridor
through local land use controls. It provides for protection of publicly owned
lands in the river corridor through a comprehensive management plan. Had the
Mississippi Headwaters been included in the National Wild and Scenic Rivers
System (it remains eligible), the National Park Service would have been the
administering agency. As it stands today, the Mississippi Headwaters is under
the control of locally elected officials, with administration through county
government.
The members of the Mississippi Headwaters Board are eight county commissioners,
appointed to serve the length of their term by their respective county boards
of commissioners. The MHB is advised by two committees, one composed of citizens
living near or interested in the Mississippi River, and the second composed
of professionals working for local, state and federal governments in the river
corridor.
Powers of the Mississippi Headwaters Board
The regulations administered by the Mississippi Headwaters Board in the Mississippi Headwaters Model Ordinance are the minimum standards of the eight member counties and the State of Minnesota. Administration of the standards of the Mississippi Headwaters Board lies chiefly with the member counties. The chief authorities of the Mississippi Headwaters Board are to:
1. Review and certify variances and other actions not consistent with the Model Ordinance and Management Plan; and
2. Coordinate and facilitate management of the river corridor through administering the Model Ordinance and Management Plan.
Protection of the Basin
There are two levels of water resources protection in Minnesota: for the basin, or the container, the water lies in, and for the water itself.
The Minnesota Legislature has empowered the counties to protect streams and lakes through regulation of land use above the ordinary high water mark. These regulations were promulgated by the Minnesota Department of Natural Resources (DNR). Some activities on the shoreland must still be permitted by the DNR. In the Mississippi Headwaters area, the Mississippi Headwaters Model Ordinance and Management Plan is the minimum standard of protection for the river and its Headwaters lakes of Carr, Irving, Bemidji, Stump (impoundment), Wolf, Andrusia, Cass, Winnibigoshish and Little Winnibigoshish. Where the Mississippi Headwaters Model Ordinance and Management Plan is more restrictive than the county or township standard, it is the governing standard. More restrictive local standards take precedence over the Mississippi Headwaters standards.
Protection of the Water
Protection of the water itself is governed by state and federal agencies such as the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the United States Environmental Protection Agency, and the United States Army Corps of Engineers. The Mississippi Headwaters Board maintains a water quality monitoring program which is non-regulatory.
The Mississippi Headwaters Board from 1980 to 1992
The Mississippi Headwaters Board was granted regulatory authority to protect the Mississippi River in 1981. That regulatory role was initially composed of coordination, administration and enforcement of regulations. The role has evolved to include education about the regulation and the way it works and education about why the river is protected. The MHB's role has also evolved to include monitoring and evaluation, both of the health of the resource and also of the effectiveness of the MHB in meeting its mandate to protect the river.
II. HISTORY AND AUTHORITY OF THE MISSISSIPPI HEADWATERS BOARD
Legislative History at the Federal Level
On January 3, 1975, President Ford signed P.L. 93-621 which authorized a study of the upper 466 miles of the Mississippi River from Lake Itasca to Anoka for possible designation as a National Wild and Scenic River.
In October 1975, the preliminary draft plan prepared by the U.S. Bureau of Outdoor Recreation (BOR) was completed, and in May, 1977, Assistant Secretary of Interior Robert Herbst submitted the study and Environmental Impact Statement (EIS) to Congress and President Carter.
On June 15, 1977, S. 1697, a bill to designate the ten segments recommended in the BOR study, was introduced in the United States Senate. On October 31, 1977, H.R. 9855, which amended the National Wild and Scenic Rivers Act to designate the Upper Mississippi, was introduced.
In January 1978, Congressman Oberstar succeeded in amending the bill to require a more complete and specific study. The Mississippi designation provision was subsequently deleted from the Omnibus Parks and Recreation Bill passed by Congress.
In August 1979, President Carter included the Upper Mississippi in his Environmental Message and called for a study "to determine the specific requirements for protecting the river corridor and providing public access, campgrounds and other recreational facilities." He also directed the National Park Service to complete the study by April 1980.
After concerns about this deadline were raised, the target date for completion was left open. The National Park Service proceeded with its study as directed by Congress.
Local Response to the Federal Initiative
On February 22, 1980, the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing and Morrison signed a joint powers agreement organizing the Mississippi Headwaters Board. It was the largest joint powers board in the State of Minnesota.
The express intention of the new organization was to develop an alternate strategy for protecting the Mississippi River, that kept protection at the local government level, through a locally elected board. The board proposed to protect the Mississippi through a combination of regulating private lands through shoreland regulations and cooperative management of public lands in the river corridor. The Mississippi Headwaters Board completed its plan in Summer 1980.
In August 1980, the National Park Service released its Draft Conceptual Master
Plan for the Upper Mississippi River as a proposed National Wild and Scenic
River. On August 29, however, Assistant Secretary of the Interior Robert L.
Herbst sent a letter to the Mississippi Headwaters Board suggesting that the
Mississippi Headwaters Board act to adopt certain provision that he said "would
make the Mississippi Headwaters Board plan a strong, comprehensive mechanism
for the protection and management of the river." Shortly after receiving
this letter, the Board voted unanimously to initiate actions, including legislative
action, to follow through with the suggestions.
On October 22, 1980, the Mississippi Headwaters Board sent a detailed response summarizing the proposed changes to the management plan to Assistant Secretary Herbst.
On November 26, 1980, Assistant Secretary Herbst endorsed local management of the Upper Mississippi River, recognizing the efforts of the Mississippi Headwaters Board. Herbst pointed out some "potential problem areas" of the MHB plan. Specifically, the U.S. Department of Interior asked that the MHB achieve standing in Minnesota statute with the authority to deny actions of the individual counties that may be in contradiction to the plan; that the MHB achieve routine funding, and that the MHB initiate memorandums of understanding with other levels of government, with special attention to the lands under the jurisdiction of the Leech Lake Reservation Business Committee (now the Leech Lake Tribal Council).
Herbst stated that the National Park Service's Conceptual Master Plan would be "held in abeyance " to allow for the successful implementation of the Mississippi Headwaters Board plan. U.S. Department of Interior's recommendation that the first 400 miles of the Mississippi River is eligible for inclusion in the national Wild and Scenic River stands. Designation could proceed by the state or a Member of Congress.
The major points of difference between the MHB's 1980 plan and the proposals for management of the Upper Mississippi by the National Park Service are that the MHB plan:
1. Did not propose any new federal authority or role.
2. Relied primarily on local zoning authority and use of existing public lands and authorities to protect the river rather than relying on significant new purchases of land or interests in land.
3. Where some new purchases are recommended to provide new recreation sites or shoreland protection, it would be solely on a willing seller basis, rather than the possible use of condemnation to acquire lands or interests in lands, under the terms and conditions prescribed in the National Wild and Scenic Rivers Act.
4. Recommended the continuance and enhancement of the full range of recreational pursuits.
Requirements of the National Park Service
The National Park Service agreed in November 1980 to hold in abeyance its conceptual master plan for designation of the Mississippi Headwaters into the National Wild and Scenic River system. However, the federal government recommended that the Mississippi Headwaters Board achieve the following goals to "head off potential problems in its plans for the river:"
1. The Mississippi Headwaters Board should "initiate and maintain cooperative agreements with the United States Forest Service, the State of Minnesota and the Leech Lake Indian Reservation to address the concerns and management roles of the Board, its member counties and these agencies in implementation of the plan. The Board may enter into cooperative agreements with such other entities as it may deem necessary for implementation of the plan;"
2. The Mississippi Headwaters Management Plan should be established as the standard of the Mississippi Headwaters Board and the eight member counties by the Minnesota Legislature;
3. The Mississippi Headwaters Board should establish a flexible land acquisition program that would identify those vulnerable shorelands requiring more protection than zoning; provide an acquisition schedule that sets priority for the shorelands by their vulnerability and availability for sale; recognize that availability for sale may change over time and allow revision of acquisition priority; and explore the many avenues of willing acquisition for the landowner's education including land exchange, donation, easements, etc;
4. The Mississippi Headwaters Management Plan should provide a strong and consistent zoning ordinance, including standards for conditional use permits, for consistent management of land use rules and equal treatment of landowners;
5. The Mississippi Headwaters Board should address management of recreation activity including management of recreation between developed facilities; management of litter and trespass problems; responsibility in the event of incidents or accidents; and control of careless recreational activity; and
6. The Mississippi Headwaters Board should establish long-term secure funding for operations and achievement of management goals and objectives.
Legislative Action to Establish the Mississippi Headwaters Board
The 1981 Minnesota Legislature enacted the Mississippi Headwaters Ordinance
and Management plan into Minnesota statutes. Per the requirements of the U.S.
Department of Interior, the statute gave the Mississippi Headwaters Board authority
to review and certify actions of the eight member counties in the Mississippi
Headwaters corridor. The eight member counties then adopted the revised model
conservation ordinance.
Also in 1981, the Legislative Commission on Minnesota Resources awarded the
Mississippi Headwaters Board $172,000 for implementation of its management plan.
This grant funded the first two years of operation of the MHB.
In 1983, the Mississippi Headwaters Board received a two-year appropriation from the Minnesota general fund in the amount of $169,200. The grant was administered by the Minnesota Department of Natural Resources' Bureau of Planning.
In 1984, the Minnesota Legislature amended the Mississippi Headwaters statute to assure that state agencies would be consistent with the goals and objectives of the plan.
In 1991, the Minnesota Legislature amended the Mississippi Headwaters statutes to allow the establishment of a veteran's cemetery as a permitted use in the river corridor.
The ordinance and management plan was the subject of a review by the Mississippi Headwaters Board and its advisory committees in 1986-1988. During this review, the MHB identified concerns with administration of the ordinance and management plan regarding resorts and campgrounds in the river corridor; boundaries of the river corridor; erosion control and vegetation management provisions and consistency with other local land use programs.
In 1988, the MHB drafted revisions to its ordinance and management plan. These changes were submitted to the eight member counties, the Minnesota Department of Natural Resources and the U.S. Forest Service for review and comment in 1989 and again in 1990. In December 1990, the final comments were received, and the new drafts were offered in April, June, October and December. All comments have been reviewed and addressed, and the member counties have gone on record recommending the MHB seek to formalize the changes.
In 1992, having completed a five-year review and update of the management plan and ordinance, the Mississippi Headwaters Board issued revisions to its ordinance and management plan.
III. ADMINISTRATION OF THE MISSISSIPPI HEADWATERS BOARD
The Mississippi Headwaters Board was organized to preserve and protect the natural, cultural, scenic, scientific and recreational values of the first 400 miles of the Mississippi River. To accomplish this goal, the MHB developed a management plan and model ordinance for implementation within its member counties. In 1981, the MHB has given statutory authority by the Minnesota Legislature to implement its management plan to:
1. implement specific regulations and management strategies necessary to achieve protection of the natural, cultural, scenic, scientific and recreational values of the Mississippi River corridor;
2. monitor land use and administration of local regulations within the Mississippi River corridor through fair and equitable implementation of the MHB Model Ordinance;
3. monitor the chemical, physical and biological health of the River's water;
4. educate the public about the River and promote stewardship of its water and shorelands;
5. encourage and promote consistent and effective protection of the natural, cultural, scenic, scientific and recreational values of the Mississippi River by the public sector.
Operations of the Mississippi Headwaters Board
The Mississippi Headwaters Board meets monthly to review and certify zoning
variances, amendments and subdivisions from the eight member counties. The board
reviews conditional use permits in the river corridor. The MHB's advisory committees
meet quarterly to review and discuss issues related to administration of the
ordinance and management plan and river protection and river management.
The Mississippi Headwaters Board has offices in the Cass County Courthouse, Walker. The board employs a fulltime director and office manager. It maintains contracts for professional services with an attorney, a lobbyist, a limnologist for its River Watch program, and a graphics designer.
The MHB has adopted personnel policies guiding the appointment of staff. The board annually reviews staff's goals for the year and sets new goals for the coming year. Staff salaries are tied to completion of the goals.
Finances of the Mississippi Headwaters Board
The Mississippi Headwaters Board received its initial funds for organization and development of its plan from the member counties and industries in the region. In 1981, it received an appropriation from the Legislative Commission on Minnesota Resources to establish its office and on-going program. In 1983, operations of the Mississippi Headwaters Board were funded through the State of Minnesota General Fund.
In 1991, The Mississippi Headwaters Board received a biennial appropriation of $206,000 from the Minnesota general fund. These funds are administered by the Minnesota Department of Natural Resources's Bureau of Planning. The eight member counties report to the MHB expenditures in the Mississippi Headwaters corridor. The MHB must match $1 dollar of state appropriation with $2 of local contribution. The local contribution is an in-kind and not a cash contribution to the MHB. The local contribution falls under the following categories: administration of land use controls; timber management activities; recreation management activities; construction and maintenance of roads, bridges and accesses in the river corridor; office administration; attorney's fees.
The MHB charges all routine costs of administration, including one-half of staff salaries, per diem for board and citizens advisory committee members, office supplies, one-half of employee insurance costs, and program expenditures related to regulation, planning and education to this fund.
In 1990, the MHB received a $472,000 grant from the Charles K. Blandin Foundation, payable through 1995, to establish a community-based water quality monitoring and protection plan. River Watch established professional monitoring laboratories in nine area school districts, which became the backbone of an ambient water quality monitoring of nine indicators of physical, chemical and biological health of streams. These funds cover one-half of MHB staff salaries and employee costs, and the cost of the River Watch program itself.
The Mississippi Headwaters Board has received other grants for specific program activities, such as publication of its "User's Guide to Shoreland Development", or the video program, "Mississippi Waters". The MHB also participates with member counties on programs. For example, the soil and water conservation districts in Beltrami and Itasca counties have received grants from the state on projects involving the Mississippi Headwaters.
The Mississippi Headwaters Board is organized as a joint powers board, pursuant to Minnesota Statutes, Section 471.59. As such, the board is an agency of government and is exempt from Internal Revenue tax requirements. The Mississippi Headwaters Board received a ruling from the State Attorney General's office in 1981 stating this conclusion.
The Mississippi Headwaters Board records its financial activities in accordance with generally acceptable accounting standards. With the receipt of grant funds, separate accounts are established to record receipts and expenditures for those program activities. These accounts are established to ensure that funds are used only for eligible activities.
All financial activities of the Mississippi Headwaters Board are recorded and
reported by the Cass County Auditor's Office, within the county's general fund.
Cass County is audited annually by the Office of the State Auditor to provide
reasonable assurances of compliance with standard practices of accounting.
Accomplishments and activities of the Mississippi Headwaters Board
1980: MHB organized as board of county commissioners and two advisory committees; eight member counties adopt the Model Ordinance and Management Plan;
1981: Minnesota Legislature adopts Mississippi Headwaters Board ordinance and management plan, and establishes controls required by the United States Department of Interior. MHB begins monthly meetings. The MHB has a part-time executive director, fulltime secretary, and consultant to assist in day-to-day administration. Financial administration is provided by Cass County Auditor.
1982: County of Beltrami sues the Minnesota Department of Natural Resources
(DNR) to be removed from the jurisdiction of the Mississippi Headwaters Board.
District Court upholds the position that a state-mandated river protection program
exists and determines that if the county does not participate in the Mississippi
Headwaters Board program, the river will be managed by the Minnesota DNR.
MHB reviews 37 zoning actions: 20 variances, 10 conditional use permits, 5 denials,
2 zoning amendments.
1983: MHB sues the Minnesota Pollution Control Agency for the placement of
municipal sewage sludge in Mississippi River corridor in western Beltrami County.
MPCA agrees to a management plan that places the material outside the river
corridor.
MHB reviews 12 zoning actions: 9 variances, 1 conditional use permits, 1 denial,
1 zoning amendment in the first six months of the year.
1984: Between July 1983 and December 1984, the Mississippi Headwaters Board issued eight variances from the required setback from the ordinary high water mark; three variances from required lot dimensions and two variances from sewage system location. The MHB issues five conditional use permits for roads; five conditional use permits for grading and filling and seven conditional use permits for mobile home placements and three conditional use permits for resort or recreational developments. MHB establishes internal audit and reporting procedures. Of the variances, 18 were from Beltrami County, mostly Lake Bemidji; 14 variances were from Morrison County, two from Aitkin County and one from Cass County.
1985: Consultant resigns and MHB establishes fulltime administrator position,
modelled after county planning and zoning officers and land commissioners. MHB
is represented on state committee establishing rules for Comprehensive Local
Water Planning. Per changes in Minnesota statutes, the placement of mobile homes
becomes a permitted use.
MHB reviews 20 zoning actions: 20 variances, 0 conditional use permits, 0 denials,
0 zoning amendments.
1986: MHB adopts personnel policies; MHB begins five year planning and review process. MHB calls meeting of the five agencies operating dams on the Mississippi Headwaters, to discuss consistency in seasonal operating strategies. MHB participates in Governor's Fishing Opener in Bemidji and supports Crow Wing Family Canoe Day in Brainerd.
MHB reviews 25 zoning actions: 15 variances, 8 conditional use permits, 0 denials, 2 zoning amendments.
1987: MHB joins state effort to seek funding from Legislative Commission on
Minnesota Resources to initiate Comprehensive Local Water Planning. MHB joins
state shoreland advisory committee. MHB produces two broadcast quality video
programs, "Discover the Headwaters", a 12-minute look at attractions
of the Mississippi Headwaters region; and "Managing the Mississippi",
a 60-minute documentary examining protection of natural resources by local government.
More than 300 people attend an MHB-organized inquiry into river protection with
Itasca Community College.
MHB reviews 33 zoning actions: 23 variances, 6 conditional use permits, 1 denial,
3 zoning amendments.
1988: MHB collects and distributes data items to member counties required by Comprehensive Local Water Planning rules. MHB distributes information and calls public informational meetings as the drought intensifies and water appropriation from the Headwaters reservoirs is threatened. MHB initiates Headwaters Heritage program to recognize individual actions to promote stewardship of the lands and waters of the Mississippi River.
Recipients of the 1988 Headwaters Heritage Awards are: Don McCollum, Clearwater
County; Sheldon Nelson, Hubbard County; Jim and Delores Ekstrom, Beltrami County;
Lake Winnibigoshish Resort Owners, Cass County; Dr. George Licke, Itasca County;
Margaret Adams, Aitkin County; Henry Fellerman and the 1986 Rabbit Lake Town
Board, Crow Wing County; Robert Siegel, Morrison County. Lloyd Nesseth received
a special award.
MHB reviews 36 zoning actions: 27 variances, 6 conditional use permits, 3 denials,
0 zoning amendments.
1989: MHB establishes first training workshop for county boards of adjustment
and planning commissions and publishes supporting training manual. MHB assists
in the development of lake management and protection programs in the member
counties, including development of Clean Water Partnership projects for Lake
Bemidji in Beltrami County and the Boy River lakes in Cass County. MHB organizes
Governor's Canoe Day on the Mississippi River near Bemidji.
Recipients of the 1989 Headwaters Heritage Awards are: Alvin Katzenmeyer, Clearwater County; Bemidji Mississippi River Revival, Beltrami County; Bobbi Thomas, Hubbard County; Walter L. Christensen, Cass County; George Rossman, Itasca County; Al and Tim Nies, Aitkin County; Paulette Pappenfuss and Jan Warner, Morrison County. Carol Langer, Minnesota Environmental Education Board, received the professional award.
MHB reviews 33 zoning actions: 19 variances, 9 conditional use permits, 2 denials, 3 zoning amendments.
1990: MHB awarded $7,558 in grants from the Minnesota Humanities Commission and Minnesota Department of Natural Resources to produce a half-hour broadcast quality video examining the natural and cultural history of the Mississippi River. MHB awarded $472,000 grant from the Charles K. Blandin Foundation to develop community based water quality monitoring and protection, using high schools and river towns as the base for monitoring. Second training workshop held.
Recipients of the 1990 Headwaters Heritage Awards are: Bob Larson, Clearwater County; Alice Dreyer, Beltrami County; Bev-Nii Anderson, Cass County; Wes Libbey, Itasca County; Jon and Mary Hanson, Aitkin County; Howard Peterson, Crow Wing County; Edwin and Ida Smith, Morrison County. Dan Logelin, Clearwater County Environmental Services, received the professional award.
MHB reviews 35 zoning actions: 22 variances, 8 conditional use permits, 3 denials, 2 zoning amendments.
1991: MHB publishes "User's Guide to Shoreland Development," and draft "River Resources Inventory". MHB organizes two canoe trips on the Mississippi River, one in Aitkin County and the second in Morrison County. The video program, "Mississippi Waters", is released in June and a companion study guide is published in October. "Mississippi Waters" is selected as one of the top ten environmental education videos of the year by the North American Association of Environmental Educators. Nine schools participate in Mississippi Headwaters River Watch. MHB sponsors a conference explaining community water quality monitoring and a workshop exploring how cultural values on the Mississippi River have defined river protection.
Recipients of the 1991 Headwaters Heritage Awards are: Jim Cairns, Clearwater
County; Elizabeth Smith, Beltrami County; Otto Norenberg, Cass County; Jonathan
Rowe, Itasca County; Ray Barton, Aitkin County; Brainerd Area Rotary Clubs,
Crow Wing County; Colonel Benton Murdock, Morrison County. Dale Krystosek, Beltrami
County Soil and Water Conservation District, received the professional award.
MHB reviews 33 zoning actions: 16 variances, 16 conditional use permits, 2 denials,
0 zoning amendments.
1992: MHB publishes its training manual as Shoreland Zoning Manual; holds fourth workshop for members of county planning commission and boards of adjustment; implements changes to the Mississippi Headwaters Model Ordinance and Management Plan. The MHB publishes the revised Management Plan, Model Ordinance, Corridor Maps, and River Resources Inventory. United States Forest Service contracts with MHB to produce video program on bald eagles and humans on the Chippewa Forest. MHB receives funds to produce three water quality videos, "Living with the Water", in cooperation with Minnesota Board of Water and Soil Resources.
IV. THE MANAGEMENT PLAN OF THE MISSISSIPPI HEADWATERS BOARD
Summary of the Management Plan
This management plan provides for:
1. Administration and enforcement of strong local land use controls by each of the member counties to protect the shorelands of the Mississippi River and certain Headwaters Lakes on private and, in some cases, public lands;
2. Recreational use of the river and adjacent public lands;
3. Identification of, management and possible acquisition of critical shorelands of the river and the Headwaters lakes in public or private ownership;
4. Best management practices for non-regulated activities on public and private lands, specifically to protect significant resources of the river corridor
5. Cooperative management of existing public lands along the river.
The specific tools identified for local management of the Mississippi Headwaters Corridor are:
1. A comprehensive local zoning ordinance establishing the uses and building dimensions for lands in the Corridor was written and approved by the MHB and adopted by the eight member counties and the 1981 Minnesota Legislature. This original ordinance also established the authority for the Mississippi Headwaters Board to review and certify certain decisions of the counties. The ordinance has since been revised and is contained in Section V.
A corridor of at least 500 feet or 1,000 feet on either side of the river was established, except where public, paved roads less than 500 feet or 1,000 feet are the corridor boundary. Maps of the zoning corridor are contained in Section VI of this book.
River protection through local land use controls requires administration and
enforcement of the regulations, education about the regulations and the function
of the regulations and monitoring of the state of regulation and monitoring
of the health of the river. Administration of the local land use provisions
are achieved through the county planning and zoning offices. The MHB has oversight
authority over certain county decisions.
2. A comprehensive management plan setting forth guidelines for activities on
public lands in the river corridor and for affected private lands. This management
plan is achieved through cooperative agreements with the Leech Lake Tribal Council,
the Minnesota Department of Natural Resources and the United States Forest Service-Chippewa
National Forest.
Management policies are provided for the retention and improvement of existing public lands along the river for fish and wildlife habitat and recreational use, and for the consolidation of public ownerships along the river through land exchanges. Administration of the management policies is through the county land commissioners and the Mississippi Headwaters Board. Procedures are established in the Mississippi Headwaters Model Ordinance for the State of Minnesota to notify and advise compliance of governmental activities in the river corridor with the Mississippi Headwater Model Ordinance and Management Plan.
3. An inventory of river resources developed and adopted by the Mississippi Headwaters Board shall be reviewed, revised and presented to the Minnesota Legislature every five years. This inventory shall list natural, cultural, scenic, scientific and recreational sites on the Mississippi Headwaters. It shall also contain an assessment of the river's health and of risks to the river. This River Resources Inventory shall be used to identify and establish management strategies for lands requiring greater protection than zoning provides.
Management Guidelines for Lands in the River Corridor
The Mississippi Headwaters Board establishes guidelines for management of shorelands of the river and Headwaters lakes for activities that may not be addresses in the Mississippi Headwaters Model Ordinance. These management guidelines are established to protect the natural, cultural, scenic, scientific, and recreational values of the river and its Headwaters lakes. These management guidelines are:
Land Ownership In the River Corridor
1. Land Ownership. County tax-forfeited land in the river corridor should be retained. The member counties and the Mississippi Headwaters Board member counties should initiate land exchanges with private landowners who want to exchange their land to increase its public land holdings along the Mississippi River and Headwaters Lakes. Land exchanges with the State of Minnesota should be undertaken to consolidate blocks of public lands in same ownership, in order to develop more easily managed public ownerships.
Implementation Guideline: Status of public land ownership shall be recorded in the River Resources inventory. County land commissioners will report annually. MHB staff will work with State of Minnesota, United States Forest Service and Leech Lake Reservation Business Committee to monitor holdings by those agencies in the river corridor.
2. Sale or Exchange of Public Lands. Sale or exchange of public land should be considered only if such actions are consistent with the objectives of the Mississippi Headwaters Board. Where critical lands are acquired in fee title, from willing sellers, individual member counties may wish to consider sale of other lands outside the management boundaries in order to offset any possible reduction in local tax base. Within available funding, the counties will attempt to purchase scenic easements or other interests in land, from landowners who desire to sell them and where such purchases are desirable to protect unique shoreland areas.
Implementation Guideline: Mississippi Headwaters River Resources Inventory shall list the status of public land ownership in the river corridor. MHB staff shall monitor this policy annually with appropriate federal, state and county agencies.
3. Acquisition of Lands. Acquisition is an option for those lands requiring greater protection than zoning provides.
Implementation Guidelines: Lands requiring greater protection will be identified through the river resources inventory and according to the goals and objectives of the Mississippi Headwaters Board Model Ordinance and Management Plan. The MHB will report on its land protection program to identify and develop guidelines for protection and protection strategies, to the member counties, the Minnesota Legislature, the United States Forest Service and the Leech Lake Reservation Tribal Council every five years.
4. Nonrecreational Leases. New nonrecreational leases of public lands within the river corridor shall not be granted without review of the Mississippi Headwaters Board for consistency with the goals and objectives of the Mississippi Headwaters Model Ordinance and Management Plan. To the extent practicable and feasible, existing non-recreational leases of public lands within the river management boundary shall be phased out.
Implementation Guideline: MHB staff shall meet with managers of leases on public lands and report regularly to the member counties, Mississippi Headwaters Board, the Minnesota Legislature, the United States Forest Service and the Leech Lake Reservation Tribal Council on the status of non-recreational leases in the river corridor.
Management of River Resources
The Mississippi Headwaters Board, on behalf of member counties, shall work
with state and federal authorities to develop comprehensive agreements for cooperative
management of public lands with the designated river management area:
1. to improve fish and wildlife habitat;
2. for the construction and maintenance of grants-in-aid trail systems on public lands within their jurisdiction;
3. inventory and develop a management plan for wetlands and river oxbows located on public lands with the river management area;
4. to provide for management activities on public lands within the river management area to be conducted in a manner which enhances the natural, cultural, scenic, scientific, and recreational values of these lands; and
5. to develop management projects and techniques for wildlife production of both game and non-game species to improve the outdoor recreation values of the Upper Mississippi River and its adjacent lands.
Implementation Guidelines: The Mississippi Headwaters River Resources Inventory will contain:
1. A list of the natural, cultural, scenic, scientific, and recreational values of the river corridor;
2. An assessment of fish and wildlife habitat issues;
3. A list of trails in the river corridor, including incorporated and unincorporated areas;
4. A list of wetlands and oxbows in the river corridor as defined by either the Minnesota Department of Natural Resources' Public Waters Inventory, the U.S. Fish and Wildlife Service or the U.S. Army Corps of Engineers.
5. An assessment of the health of the river and its shorelands and an assessment of risks to the water and lands.
6. A list of outdoor recreation opportunities, including game management programs, recreation sites and use;
7. A list of known cultural sites in the river corridor, both of prehistoric and historic importance.
The MHB will review operations of the member counties, activities of cooperative
managing agencies, its River Resources Inventory and its River Watch water quality
monitoring program to evaluate and monitor achievement of these guidelines in
the river corridor.
Identification and Inventory of River Resources
Counties that already have a land classification system for public lands should continue this process to ensure wise management of these lands in the public interest. Counties which do not presently have a classification system for their public lands should initiate it for lands within the river management area identified in this plan. The Mississippi Headwaters Board shall develop an integrated and accessible data base for the lands under the jurisdiction of the MHB, provide consistent land development and management standards and policies for the river corridor, encourage stewardship of the land and water resources of the river corridor.
Implementation Guidelines:
The MHB shall charge its Technical Advisory Committee to review and advise on the administration and enforcement of its land use regulations.
The MHB staff shall provide opportunities for member counties to review and comment on administration and enforcement of MHB ordinance at public meetings.
The MHB shall develop river protection best management practices for property owners to provide information on river development beyond the regulatory authority.
The MHB shall host annual training sessions on zoning administration and land
use protection.
The MHB shall identify use of an appropriate Geographic Information system,
and assist in training and development for the member counties. The data base
should coordinate with data elements from the eight member counties comprehensive
water plans. MHB develop maps of zoning corridor, with relevant data base.
V. MISSISSIPPI HEADWATERS MODEL ORDINANCE
____________ COUNTY MISSISSIPPI HEADWATERS MODEL ORDINANCE
Section 1 - Policy
This Ordinance is to control shoreland development and to protect the headwaters
of the Mississippi River and its adjacent lands in _______________ County, Minnesota,
under the authority contained in Minnesota Statutes, Section 471.59, and Sections
103F.361-103F.377, and in furtherance of policies contained in Minnesota Statutes,
Chapters 103A, 103B, 103C, 103D, 103E, 103F, 103G, 103H, and 103I, the Mississippi
Headwaters Board joint powers agreement, and the Mississippi Headwaters Board
management plan for the Mississippi River and certain Headwaters Lakes referred
to in this ordinance.
The County Board of Commissioners of __________________ County, Minnesota does ordain:
Section 2 - Title and Contents
1. TITLE
This ordinance shall be known, cited and referred to as the County, Mississippi Headwaters Ordinance; except as referred to in this ordinance, where it shall be identified as, "this ordinance."
2. CONTENTS
This ordinance contains the following sections:
Section 1 Policy p.20
Section 2 Title and Contents p.20
Section 3 Purpose p.21
Section 4 Construction and Definitions p.22
Section 5 General Provisions p.30
Section 6 Mississippi Headwaters Corridor p.31
Section 7 River Classifications, Headwaters Lakes Standards p.32
Section 8 Building Standards p.33
Section 9 Natural Landscape Protection Plan p.36
Section 10 Uses Within the Corridor p.38
Section 11 Water and Sanitary Provisions p.40
Section 12 Stormwater Management p.42
Section 13 Shoreland Alterations p.43
Section 14 Utility Transmission Lines and Related Facilities p.48
Section 15 Public Roads and River Crossings p.52
Section 16 Sand, Gravel, and Borrow Pits p.54
Section 17 Cemeteries p.55
Section 18 Campgrounds, Resorts and Bed and Breakfasts p.56
Section 19 Docks, Public Accesses and Signs p.60
Section 20 Subdivision p.61
Section 21 Administration p.63
Section 22 Review and Certification Procedures p.67
Section 23 Other Government Actions p.69
Section 24 Enforcement p.69
3. ABBREVIATIONS
The following abbreviations are used for the corresponding terms in this ordinance.
"ft." means foot or feet.
"OHWM" means ordinary high water mark.
"RM" means river mile.
Section 3 - Purpose
This ordinance is adopted to achieve the policy of Section 1 and to:
(1) Comply with the Mississippi Headwaters Board joint powers agreement;
(2) Further the objectives and policies contained in the Mississippi Headwaters Management Plan for protection of the Mississippi River, Headwaters Lakes, and adjacent lands;
(3) Designate zoning classification of the Mississippi River and Headwaters Lakes which are contained within the Mississippi Headwaters Corridor;
(4) Regulate the area of lot, length of lot, width of lot at the water line, setback of structures, sanitary waste treatment systems, structure height, and to protect the existing quality of Mississippi River and Headwater Lakes shorelines, their vegetation, soils, water quality, flood plain areas and geology;
(5) Regulate alterations of the shoreland vegetation and topography;
(6) Maintain property values and prevent uncontrolled or poorly planned development;
(7) Prevent pollution and overcrowding;
(8) Protect and conserve the historic, recreational, archaeological, cultural, fish and wildlife resources of the Mississippi River, Headwaters Lakes, and adjacent lands;
(9) Provide for wise use and management of the Mississippi River, Headwaters Lakes, and adjacent lands and resources; and
(10) Promote the general health and welfare.
Section 4 - Construction and Definitions
1. CONSTRUCTION
A. "Shall" Is Mandatory. The word "shall" is mandatory, not permissive.
B. Distances Measured Horizontally. All distances unless otherwise specified shall be measured horizontally.
2. DEFINITIONS
A. Application. The definitions in this section apply to this ordinance.
(1) "Accessory Structure" means any structure or improvement subordinate to a principal use.
(2) "Accessory Use" means any use that is necessary to carry out the underlying permitted or conditional use.
(3) "Agricultural Use" means the use and management of land for production of crops or raising of livestock and poultry. This use shall include all needed structures and facilities and maintenance and cleaning of ditches.
(4) "Bed and Breakfast" means a guest facility in a single family residence.
(5) "Best Management Practices" means a practice or combination of practices for preventing or reducing diffuse or non-point source, pollution to a level compatible with water quality goals.
(6) "Bluff" means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
(a) part or all of the feature is located in a shoreland area;
(b) the slope rises at least 25 feet above the ordinary high water level of
the water body;
(c) the grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level average 30 percent or greater; and
(d) the slope drains toward the waterbody.
(7) "Bluff Impact Zone" means a bluff and land located within 20 feet from the top of a bluff.
(8) "Campground" means an area accessible by vehicle and containing campsites or camping spurs or tent and trailer camping.
(9) "Cemetery" means public and private cemeteries defined in Minnesota Statues, Chapter 306.
(10) "Clearcutting" means the removal of an entire stand of vegetation.
(11) "Commissioner" means the Commissioner of the Minnesota Department of Natural Resources.
(12) "Conditional Use" means a use of land under conditions that eliminate or minimize the incompatibility with permitted uses in a zoning district authorized by the County Board of Commissioners or their legally designated agent after a public hearing.
(13) "County" means _______________ County or the _______________ County Board of Commissioners.
(14) "Deck" means a horizontal, unenclosed platform with or without attached railing, seats, trellises, or other features, attached or functionally related to a principal use or site.
(15) "Dwelling Site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
(16) "Dwelling Unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
(17) "Essential Services" means underground or overhead gas, electrical steam or water distribution systems; collection, communication supply, or waste disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction with the services; but not including buildings or transmission services.
(18) "Feedlot" means a lot or building, or a combination of lots and buildings, intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals prevents maintenance of a vegetative cover within the enclosure. Open lots used for the feeding and rearing of poultry shall be considered a feedlot.
(19) "Flood Plain" means the areas adjoining a watercourse which have been or hereafter may be covered by a regional flood.
(20) "Forest Land Conversion" means the clear cutting of forested lands to prepare for a new land use other than re-establishment for a subsequent forest stand.
(21) "Forestry" means the management, including growing or harvesting of a forest, woodland or plantation, including the construction, alteration or maintenance of woodsroads and landings and the related research and educational activities.
(22) "Hardship" means, as used in connection with a variance under this ordinance, the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance.
(23) "Headwaters Lakes" means Carr, Cass, Irving, Bemidji, Stump (impoundment),
Winnibigoshish, Little Winnibigoshish, Wolf, and Andrusia Lakes.
(24) "Intensive Vegetation Clearing" means the substantial removal of more than 25 percent of trees or shrubs in a contiguous patch, strip, row or block within 150 feet of the ordinary high water mark of the Mississippi River or the defined setback distance for the Headwaters Lakes.
(25) "Lot" means a parcel of land designated by metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation of the parcel or portion.
(26) "Lot Width" means the shortest distance between lot lines measured at the midpoint of the building line.
(27) "Manufactured Home" means a structure, transportable in one or more sections, which in the travelling mode, is 8 body feet or more in width or 35 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the manufactured home.
(28) "Mining Operation" means the removal from the land of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products or other minerals or materials for commercial, industrial, or governmental purposes.
(29) "Mississippi Headwaters Board" means the board composed of one county commissioner from Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing and Morrison counties, formed as a joint powers board pursuant to Minnesota Statutes, Section 471.59 and Section 103F.367, subd.1.
(30) "Mississippi Headwaters Corridor" or "Corridor" means the lands and waters contained within the Mississippi River and Headwaters Lakes zoning districts and identified in the Mississippi Headwaters Board Management Plan maps.
(31) "Mississippi Headwaters Management Plan" means the comprehensive land use plan adopted pursuant to Minnesota Statutes, Section 103F.369.
(32) "Mississippi River Resources Inventory" or "River Resources Inventory" means the list of recreational sites, endangered species, and important archeological sites in the Corridor and made available at the Mississippi Headwaters Board.
(33) "Nonconforming Use" means any use of land established before the effective date of this ordinance which does not conform to the use restrictions of the particular zoning district. This should not be confused with substandard dimensions of a conforming use.
(34) "Ordinary High Water Level" means the highest level which has
been maintained for a sufficient period of time to leave evidence upon the landscape.
The ordinary high water mark is commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial. In areas where
the ordinary high water level is not evident, setbacks shall be measured from
these streambank of the following water bodies that have permanent flow or open
water: the main channel, adjoining side channels, backwaters, and sloughs.
(35) "Open Space Recreational Uses" means recreation use particularly
oriented to an utilizing the outdoor character to an area; including hiking
and riding trails, primitive campsites, campgrounds, waysides, parks and recreation
areas.
(36) "Patio" means an impervious surface adjoining to a structure located at ground level.
(37) "Permanent Docks" means a dock or pier constructed on wood pilings or rock crib.
(38) "Planned Unit Development" means a type of development established for recreational purposes characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, for temporary or permanent habitation, involving clustering of these units or sites to provide areas of common open space, density increases, and mixture of structure types and land uses. These developments may be organized and operated as campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
(39) "Recreational Camping Vehicle Park Campground" means an area accessible by vehicle, containing sites for travel trailers or recreational camping vehicles, and with central water supply and central on-site sewage treatment facilities connected to each site.
(40) "Resort" means a private recreational development which includes several structures intended for habitation, on a temporary basis, for relaxation or recreational purposes.
(41) "Sand, Gravel, and Borrow Pits" means the removal of top soil, dirt and surficial geologic deposits of unconsolidated material using shovels, loaders, trucks and other similar equipment.
(42) "Scenic Easement" means a strip of land dedicated by easement or covenant on a deed to remain in a natural and protected state.
(43) "Selective Cutting" means the removal of single scattered trees.
(44) "Sensitive Resource Management" means the preservation and management of areas unsuitable for development in the natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, outstanding natural, cultural, scientific or scenic resources identified in the Mississippi Headwaters River Resources Inventory, or occurrence of threatened, endangered or rare flora and fauna identified in Minnesota Rules, Chapter 6134.
(45) "Setback" means the minimum horizontal distance between a structure and the normal high water level or between a structure and a road or highway.
(46) "Setback Area" means the area between the minimum building line and the ordinary high water level of the Mississippi River or the Headwaters Lakes.
(47) "Sewage System" means any system for the collection, treatment and dispersion of sewage, including but not limited to septic tanks, soil absorption systems, and drain fields.
(48) "Sign" means any name, identification, display, illustration or device situated to be in the public view and directing attention to a product, business, message, person or institution.
(49) "Significant Cultural Site" means any archaeological or historic site, standing structure or any other property that:
(a) is listed on the National Register of Historic Places;
(b) is listed in the State Register of Historic Sites;
(c) is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08;
(d) is determined to meet the qualifications for listing on the National Register of Historic Places or the State Register of Historic Sites after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society or the Mississippi Headwaters Board.
(50) "Single Family Dwelling" means a detached building containing one dwelling unit, including modular homes assembled on the site and placed on a permanent foundation, but not including mobile homes.
(51) "Stairways, Lifts and Landings" means any structure providing access up and down a slope. Lift means a mechanical conveyance for access up and down a slope and does not mean boat lift.
(52) "Steep Slope" means land where agricultural activity or development is not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.
(53) "Structure" means any building, sign, or appurtenances to the sign or building, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles and other supporting appurtenances.
(54) "Structure Setback" means the line measured across the width of the lot at the point where a structure or campsite is placed in accordance with setback provisions.
(55) "Subdivision" means improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successfully within a five year period for the purpose of sale or lease, into three or more lots or parcels of less than ten acres each, contiguous in area and which are under common ownership or control.
(56) "Substandard Use" means any use existing prior to the date of enactment or amendment of a county or local ordinance which is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks or other dimensional standards of the ordinance.
(57) "Toe of the Bluff" means the lower point of a 50-foot segment with an average slope of 18 percent.
(58) "Top of the Bluff" means the higher point of a 50-foot segment with an average slope of 18 percent.
(59) "Travel Trailer or Camper" means a unit no more than 8 feet wide and less than 35 feet in length, designed for short-term occupancy and designed to be pulled behind a vehicle, upon the frame of a truck, or self-propelled units.
(60) "Variance" means any modification or variation of official controls where it is determined that by reason of exceptional circumstances the strict enforcement of the official controls will cause unnecessary hardship.
(61) "Vegetative Buffer" means a strip of well-rooted, natural vegetation at least 10 feet wide, consisting of a mixture of grasses, shrubs and trees, immediately adjacent to the ordinary high water level.
(62) "Water Management or Flood Control Structure" means a dam, flood wall, wing dam, dike, diversion channel, or any artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term water management or flood control structure does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion.
(63) "Water Oriented Accessory Structure" means accessory structures placed between the ordinary high water mark and the building setback, including boathouses.
(64) "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such vegetation.
(65) "Zoning Authority" means the entity designated by the county to administer zoning matters.
Section 5 - General Provisions
1. JURISDICTION
A. Jurisdictional Area. The jurisdiction of this ordinance shall include all lands and waters in the Mississippi Corridor within the jurisdiction of the County.
B. Municipalities. Municipalities lying within the area of the Mississippi River and Headwaters Lakes are encouraged to bring the land within their respective incorporated limits under the jurisdiction of the official controls of the Mississippi Headwaters Board, or, at a minimum to develop consistent and appropriate standards to achieve the intent and purpose of this ordinance.
C. Annexed Unincorporated Areas. When land within unincorporated areas of the Mississippi Headwaters Corridor is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall be consistent with the provisions of this ordinance that applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
2. COMPLIANCE
The use of the Mississippi River shorelands, the size and shape of the lot, the type, dimensions and location of structures on the lot, the installation and maintenance of water supply and waste treatment facilities, the filling, grading, lagooning or dredging of any Mississippi River shoreland area, the cutting of shoreland vegetation, and the subdivision of lots shall all be in full compliance with the terms of this ordinance, the state subdivision controls ordinance, Minnesota Rules, Parts 7080.0010-7080.0210 as promulgated by the Minnesota Pollution Control Agency and Minnesota Rules, Chapter 4720, promulgated by the Minnesota Department of Health. These regulations are hereby adopted and made a part of this ordinance by reference.
3. ABROGATION AND GREATER RESTRICTIONS
A. Supersedes Other Ordinances. This ordinance supersedes all provisions which are less restrictive of any other county zoning ordinances that applies to the Mississippi River shoreland or flood plain areas or shoreland areas of the Headwaters Lakes designated in this ordinance.
B. More Restrictive Ordinances Allowed. This ordinance does not prohibit the County or local governments from adopting or continuing in force, by ordinance, regulations of the Mississippi River or Headwaters Lakes and their adjacent lands, which are more restrictive than those required by this ordinance.
C. Affects Zoning Provisions. It is not otherwise intended, nor shall it be construed by this ordinance, to repeal, abrogate or impair any existing deed restrictions or ordinances thereof other than zoning to the extent specified in paragraph 3A. above. However, when this ordinance imposes greater restrictions the provisions of this ordinance shall apply.
D. Supplemental Provisions. The County or local governments may adopt additional specific permit procedures or donations or other requirements for compliance so long as they are at least as restrictive as those required by this ordinance.
4. SEVERABILITY
The provisions of this ordinance shall be severable, and the invalidity of any section, subsection, paragraph, subparagraph or sub-division or any other part thereof shall not make void any section, subsection, paragraph, subparagraph, or subdivision or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this ordinance or the application of this ordinance to a particular property, building, or other structure, the judgment shall not affect any other provision of this ordinance or any other property, building or structure not specifically included in the judgment.
Section 6 - Mississippi Headwaters Corridor
1. CORRIDOR DEFINED BY MAP
In order to protect and manage the Mississippi River and its shoreland, the river corridor in the County has been classified. The Mississippi Headwaters Corridor boundaries have been identified by map as part of the Mississippi Headwaters Management Plan and as part of this ordinance. The maps are designated as official county zoning maps, which are made a part of this ordinance and are on file with the Zoning Authority.
2. CRITERIA
A. General Considerations. General considerations and criteria used in establishment of the classifications for the Mississippi Headwaters Corridor are preservation of natural areas; present ownership and development of shoreland areas; shoreland soil types and characteristics; topographic characteristics; vegetative cover; water quality; recreational use of surface water; road and service center accessibility; necessity to preserve and protect natural, cultural, scientific, scenic, and recreational values of the shorelands.
B. Boundary Criteria. The boundaries for the corridor are at least 1,000 feet wide on either side of the river for those areas classified as Wild, and at least 500 feet wide for those areas classified as Scenic. The zoning corridor for Headwaters Lakes is at least 1,000 feet from the ordinary high water level. Final determination of the exact location of the Corridor and its boundaries shall be made by the county Zoning Authority.
Section 7 - River Classifications, Headwaters Lakes Standards
1. RIVER ZONING CLASSIFICATIONS
A. Wild. The classification "wild" designates those areas of the river Corridor that are generally inaccessible, except by trail, and which include unique and significant natural, cultural, scenic, scientific, and recreational values, and are generally considered remote. These areas represent the region's appearance before settlement.
B. Scenic. The classification "scenic" designates those areas of the river Corridor with relatively undeveloped shorelines, with important natural, cultural, scenic, scientific, and recreational resources. There is limited access to the river and other shorelines.
C. Description. The following table classifies the river by river segment.
River Segment Classification
Lake Itasca to RM 47 Wild
RM 47 to RM 90 Scenic
RM 90 to RM 146 Wild
RM 146 to RM 400 Scenic
D. Areas Excluded. These classifications do not include incorporated areas or Headwaters Lakes. Incorporated areas are subject to zoning restrictions set by the local government unit, other County ordinances, and state and federal regulations.
2. MINIMUM ZONING STANDARDS FOR HEADWATERS LAKES
A. General Development Lakes. For Lakes Irving, Bemidji, Stump (impoundment), Cass, Winnibigoshish, which are presently classified as GD or General Development lakes under existing shoreland ordinances, the following minimum zoning standards shall apply:
Shoreland Zoning District Depth 1000 ft.
Minimum lot size 30,000 sq. ft.
Structure setback (from OHWM) 100 ft.
Sewage system setback (from OHWM) 75 ft.
Vegetative cutting regulations Same as county shoreland ordinance
Minimum lot width at the building
line and water line (OHWM) 100 ft.
B. Recreational Development Lakes. For lakes Wolf, Andrusia, and Little Winnibigoshish, which are presently classified as recreational development RD or RD?2 lakes under existing shoreland ordinances, the existing standards shall apply where more protective than the above standards, except that the shoreland zoning district depth shall be 1000 ft.
C. Carr Lake. For Carr Lake, presently classified as Natural Environment under existing shoreland ordinances, the existing standards shall apply where more protective than the above standards.
Section 8 - Building Standards
1. MINIMUM STANDARDS
The following table establishes the minimum standards for lot size, lot width, structure setback, and other requirements for each zoning classification for the Mississippi River:
DIMENSIONAL STANDARDS
DESCRIPTION RIVER CLASSIFICATION
WILD SCENIC
Lot size 10 acres 5 acres
Structure setback 200 feet 150 feet
Lot Width at Building Line 330 feet 330 feet
Lot Width at OHWM 330 feet 330 feet
Sewage System 150 feet 125 feet
Maximum Residential Structure Height 18 feet 35 feet
2. AGRICULTURAL BUILDING HEIGHT EXEMPTION
Buildings used for agricultural purposes are exempt from maximum structure height restrictions.
3. SUBSTANDARD LOTS
Lots that are on record in the office of the County Recorder on the effective day of enactment of this ordinance which do not meet the minimum dimensional requirements of this ordinance will be allowed as building sites if: 1) the use is allowed within the zoning district(s); 2) the lot is in single and separate ownership from adjoining lots at all times since it became substandard; 3) the lot meets the land suitability requirements of the ordinance; and 4) all the sanitary and dimensional requirements are met.
4. STRUCTURE SETBACK FROM ROADS
The structure setback from highways, roads, streets, and alleys shall be subject to the minimum setback requirements of the County zoning ordinance.
5. NATURAL LANDSCAPE PROTECTION PLAN
Before issuing a permit for upgrading a structure or lot or new construction, a natural landscape protection plan may be submitted to the local governing unit and to the Mississippi Headwaters Board for management of vegetation before, during and after construction that complies with the conditions set forth in Section 9 of this ordinance.
6. SIGNIFICANT CULTURAL SITES
A. Unplatted Cemeteries. No structure may be placed nearer?than 50 feet from the boundary of an unplatted cemetery protected under Minnesota Statutes, section 307.08, unless necessary approval is obtained from the Minnesota State Archaeologist's Office or the Mississippi Headwaters Board.
B. Significant Cultural Sites. No structure may be placed on a significant cultural site in a manner that affects the values of the site unless adequate information about the site has been recovered and documented in a public repository as determined by the Mississippi Headwaters Board.
C. Review for Presence of Cultural Sites. All zoning actions submitted to Mississippi Headwaters Board for review and certification will be reviewed for the presence of cultural sites.
D. Notice of Development Near Sites. Notice will be made to the State Archaeologist's office of pending development on or near cultural sites,
7. BLUFF IMPACT ZONE
Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
8. HIGH WATER ELEVATIONS
Where state?approved, local flood plain management controls exist, structures must be placed at an elevation consistent with the controls. Where these controls do not exist, the lowest floor, including basement, shall not be placed at an elevation lower than three feet above by the ordinary high water level.
9. STEEP SLOPES
Before issuing a permit for construction of sewage treatment system, road, driveways, structures or other improvements on steep slopes, the slope must be evaluated for possible soil erosion impacts and development visibility from public waters. If necessary, the permitting authority must impose conditions to prevent erosion, preserve existing vegetative screening of structures assuming summer, leaf?on vegetation. No excavation may be made between the building line and the water.
10. STAIRWAYS, LIFTS AND LANDINGS
A. Stairway and Lift Width. Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for resort properties, public open?space recreational properties, and planned unit developments.
B. Landing Area. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area.
C. Canopies and Roofs Prohibited. Canopies or roofs are not allowed on stairways, lifts or landings.
D. Construction Requirements. Stairways, lifts and landings may be either constructed
above the ground on posts or pilings, or placed into the ground, provided they
are designed and built in a manner that ensures control of soil erosion.
E. Visibility Minimized. Stairways, lifts and landings must be located to minimize visibility from the public water, assuming summer, leaf?on, conditions.
F. Handicap Accesses. Facilities to provide access to shore areas for physically handicapped persons are allowed, provided the dimensional and performance standards of this section are met.
11. DECKS
Decks not meeting the minimum structure setback requirements may be added to structures existing on July 1, 1981, provided the following criteria are met:
(1) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(2) The deck is constructed primarily of wood and is not roofed or screened.
(3) Or as otherwise required by the local zoning authority.
Section 9 - Natural Landscape Protection Plan
1. REQUIREMENT
If necessary to protect water quality and prevent shoreline erosion and agreed to by the property owner, county zoning officer, county soil and water district office staff and the MHB, a Natural Landscape Protection Plan may be completed and reviewed by the local governing body consistent with provisions of Section 12 of this ordinance.
2. GOALS
The goals of the Natural Landscape Protection Site Plan are:
A. Retain or recreate original hydrologic conditions by minimizing use of pavements
and impervious surfaces and retaining original runoff volume and velocities.
B. Confine development and construction activities to the least critical areas by avoiding critical areas such as long, steep slopes, erodible soils, fragile vegetation.
C. Fit development to terrain.
D. Preserve and utilize the natural drainage system.
E. Maintain at least a 10 foot vegetative buffer zone at the water's edge.
3. CONSIDERATIONS
The Natural Landscape Protection Plan must consider each of the following elements:
A. Topography. A topographic map showing the existing contour elevations at intervals of 10 feet is the basis of the Natural Landscape Protection Plan. It is important to note slope steepness and slope length on this map. The longer and the steeper the slope, the greater the erosion potential.
B. Drainage Patterns. Locate and clearly mark all existing drainage scales and patterns on the topographic map. Consider where water will concentrate on the property. Natural drainage areas are overland flow, depressions, scales, natural water courses. The natural drainage should be used to convey runoff on and off the site, but increased runoff should be limited so erosion does not occur.
C. Soils. Determine and show major soil type(s) on the topographic map. Plot directly on the map at the same scale for ease of interpretation. Soil types should be evaluated for potential for flood hazard, natural drainage, depth to seasonal water table, permeability, shrink-swell potential, texture, and erodibility.
D. Ground Cover. Show the existing vegetation on the topographic map. Features such as tree clusters, grassy areas and unique vegetation should be shown on the map. Any denuded or exposed soil areas should also be shown on the topographic map. If at all possible, existing vegetation should be maintained to minimize erosion. If existing vegetation can not be maintained, then construction should be staged (one site completed before the second is begun) to minimize erosion. Alternatives are temporary seeding or mulching or temporary structural controls, such as settling basins, silt fences or bale dams. A vegetative buffer of natural grasses, shrubs and trees should be maintained for at least 10 feet at the water's edge. This buffer zone helps protect water quality, provide habitat for wildlife and maintains the natural aesthetics of the shoreline.
E. Adjacent Areas. Delineate areas adjacent to the site on the topographic map. Such features as streams, roads, houses, or other buildings, wooded areas, should be shown. Streams which will receive runoff from the site should be noted. Consider the potential for increased runoff during the construction and where the runoff will go.
Section 10 - Uses Within the Corridor
1. PURPOSE
The purpose of regulating uses within the corridor is to maintain the existing environmental quality of the Mississippi River, the Headwaters Lakes and their shoreland and to prohibit new uses which are incompatible with the purpose of this ordinance and the Mississippi Headwaters Management Plan.
2. PERMITTED, CONDITIONAL, AND NONPERMITTED USES
A. General Provisions. Certain of the following uses are subject to Sections 7, 8 and 11 of this ordinance. All of the following uses are subject to Sections 9 and 12 of this ordinance.
B. Table of Permitted, Conditional and Non Permitted Uses. In the following uses: "P" means permitted; "C" means conditional; and "N" means nonpermitted.
Uses not listed as permitted or conditional in the following table are not
permitted in the Mississippi Headwaters Corridor.
USE RIVER CLASSIFICATION
WILD SCENIC
(1) Agricultural Uses P P
(2) Bed and Breakfast C C
(3) Campgrounds (Government), Open Space,
Recreational Uses C C
(4) Campgrounds (Private), Open Space,
Recreational Uses C C
(5) Cemetery N C
(6) Decks P P
(7) Forestry Uses P P
(8) Manufactured Homes P P
(9) Permanent Docks C C
(10) Planned Unit Developments N C
(11) Private Roads & Minor Public Streets C P
(12) Public Access with Boat Launch C C
(13) Public Access with Trail Access P P
(14) Public Roads C C
(15) Related Essential Services P P
(16) Resort C C
(17) Sand, Gravel, and Borrow Pits N C
(18) Signs Necessary for Public Health,
Safety and Recreational Use P P
(19) Signs not Visible from River C C
(20) Single Family Residential P P
(21) Stairways, Lifts and Landings P P
(22) Temporary Docks P P
(23) Travel Trailers and Campers C C
(24) Underground Mining N N
(25) Utility Transmission, Power Lines C C
(26) Water Oriented Accessory Structures N N
(27) Wetlands Establishment or Restoration P P
(28) Wildlife and Fish Habitat Improvement P P
C. Manufactured Homes. Manufactured homes shall be subject to the following conditions:
(1) All minimum dimensional standards and sanitary provisions of this ordinance that apply to single family residential structures and uses.
(2) Mobile homes shall have their wheels and running gear removed and shall be placed on a permanent foundation.
(3) Manufactured homes shall be at least 35 feet in length.
(4) All other conditions that may be required by the County zoning ordinance or subdivision regulations.
D. Travel Trailers or Campers. Travel Trailer or Campers shall:
(1) be subject to all minimum dimensional standards and sanitary provisions of this ordinance that apply to single family residential structures and uses.
(2) not be used for the purpose of permanent occupancy.
(3) be subject to all additional conditions that may be required by the County zoning ordinance or subdivision regulations.
Section 11 - Water and Sanitary Provisions
1. DOMESTIC WATER SUPPLY
Any public or private supply of water for domestic purposes must meet or exceed
standards set for water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
2. WELL STANDARDS
Any public or private well constructed to supply water for domestic purposes shall be constructed in accordance with the standards and regulations of Minnesota Department of Health as set forth in Minnesota Rules Chapter 4725.
3. PUBLIC WATERS SETBACK
The standards for setback from public waters, in Section 8 of this ordinance, supersede the standards of state and local rules, unless the local rules are more restrictive than the standards of this ordinance.
4. PUBLIC SEWER SYSTEMS
Publicly?owned sewer systems must be used where available.
5. PRIVATE SEWAGE SYSTEMS
A. Applicable Rule. All private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, specifically Minnesota Rules, Chapter 7080, for individual sewage treatment systems.
B. Evaluation Criteria. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria listed in this subsection. If the determination of the site's suitability cannot be made with existing information, the applicant must then provide sufficient soil borings and percolation tests from on?site field investigations to determine suitability. Determinations of suitability shall be based on:
(1) depth to the highest known or calculated ground water table or bedrock;
(2) soil conditions, properties and permeability;
(3) slope; and
(4) the existence of lowlands, local surface depressions and rock outcrops.
C. REQUIREMENT TO UPGRADE
Sewage treatment systems not meeting the requirements of paragraphs 5A and 5B of this section must be upgraded, at a minimum, at any time a permit or variance or any type is required for any improvement on, or use of, the property.
D. NONCONFORMING SEPTIC SYSTEMS
The Mississippi Headwaters Board has developed a program to identify nonconforming septic systems. Any nonconforming system identified by this program must be upgraded or replaced within a reasonable period of time, which will not exceed one year. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, Section 103F.201 to 103F.221, in effect at the time of installation, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Rules, Chapter 7080 for design of on?site sewage treatment systems, shall be considered nonconforming.
Section 12 - Stormwater Management
1. CONSIDERATION
Proper stormwater management must be considered in all reviews, approvals, and permits related to this ordinance. It is recommended that best management practices described in "Protecting Water Quality in Urban Areas: Best Management in Minnesota," prepared in 1989 by the Minnesota Pollution Control Agency in considering proper stormwater management.
2. REVIEW PROVISIONS
The following provisions shall be considered in reviewing proper stormwater management:
A. Natural Features To Be Used. Existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
B. Constructed Facilities May Be Used. When development density, topographic
features, and soil and vegetation conditions are not sufficient to adequately
handle stormwater runoff using natural features and vegetation, various types
of constructed facilities such as diversions, settling basins, skimming devices,
dikes, waterways, and ponds may be used. Preference must be given to designs
using surface drainage, vegetation, and infiltration rather than buried pipes
and man?made materials and facilities.
C. Minimize Disturbance. Development must be planned and conducted in a manner
that will minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized
and protected as soon as possible and facilities or methods used to retain sediment
on site.
D. New Development. New development must meet the following standards:
(1) Impervious surface coverage of the lot must not exceed 25 percent of total area.
(2) Facilities constructed for stormwater management must be consistent with the field office technical guide of the County Soil and Water Conservation District.
(3) Stormwater outfalls to the Mississippi River and the Headwaters Lakes must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(4) A Natural Landscape Protection Plan must be prepared to guide construction and lot development as described in Section 9 of this ordinance.
Section 13 - Shoreland Alteration
1. PURPOSE
Alterations of vegetation and topography will be regulated to prevent erosion to public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, preserve corridor for movement of wildlife, protect fish and wildlife habitat, conserve cultural resources and to preserve the scenic and aesthetic character of the shoreland.
2. AGRICULTURAL PRACTICES
A. Conservation Plan Consistency. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and bluff impact zones are maintained in permanent vegetation and operated under an approved conservation plan consistent with the field office technical guide of the County Soil and Water Conservation District. Recommendations of the publication "Agriculture and Water Quality," Minnesota Pollution Control Agency, 1989, are the minimum standard for agricultural practices in the River Corridor.
B. Natural Landscape Protection Plan. A vegetation management plan shall be required to minimize erosion and to protect water quality.
C. New Animal Feedlots Prohibited. New animal feedlots, as defined by the Minnesota Rules Chapter 7020, are not permitted in the river corridor.
D. Existing Feed Lots. Animal feedlots, barnyards, or agricultural waste systems in existence prior to July 1, 1992, may continue provided neither the size of the area involved in the use or the number of animals using the area increases.
3. VEGETATIVE MANAGEMENT PROVISIONS
A. Exemptions. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads regulated by this ordinance are exempt from the vegetation alteration standards that follow.
B. Forest Management. Forest management shall be permitted but limited to generally accepted forest management practices designed to promote and manage a healthy forest area. Emphasis shall be placed on the maintenance, development, and improvement of riverfront forests subject to the regulations set forth in this section. Recommendations of the publication "Water Quality in Forest Management: Best Management Practices in Minnesota," Minnesota Department of Natural Resources, 1989 are the minimum standards for forest practices in the river corridor.
C. Intensive Vegetation Clearing. Intensive vegetation clearing within the setback and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowed as a conditional use provided an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
D. Limited Clearing. In setback areas and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings and access paths, provided that:
(1) the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf?on conditions, is maintained;
(2) shading of water surfaces is maintained; and
(3) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
E. Clearcutting. Clearcutting anywhere within the Mississippi River Corridor of this ordinance shall be subject to the following standards and criteria:
(1) Clearcutting shall be conducted only in such a manner as to minimize damage to soils, slopes, or other watershed conditions that are fragile and subject to erosion, sedimentation, or other injury.
(2) Clearcutting shall be conducted only in such a manner as to maintain as much forest cover as reasonably possible and cutting boundaries shall follow topographic terrain, roads, and forest type changes where feasible. Skidding shall be conducted in such a manner as to minimize erosion and sedimentation.
(3) The size of clearcut areas shall be kept at the minimum necessary.
(4) Where feasible, all clearcuts shall be conducted between September 15 and May 15, or when conditions are such that damage is minimized.
(5) Where erosion problems exist, erosion control measures shall be taken. If replanting is necessary for proper regeneration, it shall be performed in the same spring or the following spring. Replanting of long-lived species shall be promoted.
(6) Consideration shall be given to methods for improvement of wildlife habitat.
(7) Proper site preparation shall be completed, including slash disposal, so as to minimize fire danger, improve reproduction, reduce soil damage, reduce danger from insects and diseases, and improve wildlife habitat and aesthetic characteristics.
(8) In no instance shall clearcutting violate the regulations for shoreland alterations set forth in the model ordinance for the management of shoreland areas, Minnesota Rules, Chapter 6120.
F. Lands Managed For Forestry Purposes. On lands within the building setback distance of the ordinary high water mark of the Mississippi River that are being managed primarily for forestry purposes these standards shall apply:
(1) The vegetation management goals for such lands shall be for the maintenance and regeneration of aesthetically pleasing and healthy forest vegetation through the application of generally accepted silvicultural techniques.
(2) Vegetation consisting of a variety of cover types and of naturally associating different species shall be encouraged.
(3) Forest type conversions shall favor long-lived species that are naturally suited to that particular site.
(4) Management of long-lived species along the river-front shall be directed at promotion of large sized trees by using rotations based on biological age rather than economic age.
(5) Cutting, including clearcutting, may be allowed only after the preparation and approval of a specific management plan for the lands being managed for forestry purposes and subject to the following standards and criteria:
(a) Cutting shall be subject to the standards and criteria set forth in Section 13, subsection 3E of this ordinance.
(b) A specific written management plan shall be prepared by a professional forester and submitted for review and approval to the designated appropriate county official.
(c) The management plan shall contain a description of the proposed cutting operation and a summary of how the operation will comply with the standards set forth in this section and Section 13, subsection 3E of this ordinance, including the following information:
(i) How the proposed vegetation management plan will protect or enhance the scenic and aesthetic character of the river shoreland.
(ii) Description of property, including both a legal description and a general description.
(iii) The general description shall include a description of the location, size, topography, soils, and access to the vegetation management area.
(iv) The name, address and phone number of the person or persons who will be in charge of the proposed vegetation management project.
(vii) Any additional information that the designated county official may require for proper review of the management plan.
(d) The management plan shall be made available by the designated appropriate county official for review, upon request, to the Mississippi Headwaters Board, the Minnesota Department of Natural Resources, and, if the proposed cutting operations are within the boundaries of the Chippewa National Forest, to the United States Forest Service.
G. Shoreland Alterations on Headwaters Lakes. On lands within the Headwaters Lakes specified in this ordinance the following standards shall apply:
The regulations for shoreland alterations set forth in the model ordinance for the management of shoreland areas, Minnesota Rules, Chapter 6120, or any county shoreland regulations for those lakes which are more protective, shall apply.
4. GRADING, FILLING, ALTERATIONS IN THE BEDS OF PUBLIC WATERS
A. Permit Required. Any grading or filling work done within the Mississippi Headwaters Corridor controlled by this ordinance shall require a permit and shall comply with the following:
(1) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the Mississippi River zoning district(s).
(2) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the County zoning authority. A grading and filling permit may be issued only if the conditions of Part B of this section are met.
(3) Grading and filling of the natural topography that is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, storm water run-off, tree clearing and the destruction of natural amenities.
B. Standards. Grading and filling of the natural topography shall also meet the following standards:
(1) The smallest amount of bare ground is exposed for as short a time as feasible.
(2) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted.
(3) Methods to prevent erosion and to trap sediment are employed.
(4) Fill is stabilized to accepted engineering standards.
(5) Fill or excavated material is not placed in a manner that creates an unstable slope.
(6) Plans to place fill or excavated material on steep slopes is reviewed by a qualified professional for continued slope stability and in no case may create finished slopes of 30 percent or greater.
(7) Fill or excavated materials are not placed in bluff impact zones.
(8) Disturbed areas are restored in the same building season.
C. Altering Current or Cross Section of Public Waters. Excavation of material from, filling in, construction of any permanent structures or navigational obstructions, or any work that will change or diminish the course, current, or cross-section of the Mississippi River, Headwaters Lakes, or wetlands is prohibited unless authorized by a permit from the Commissioner of Natural Resources pursuant to Minnesota Statutes, Section 103G.245.
D. Drainage or Filling of Wetlands. Drainage or filling in of wetlands is not allowed within the Corridor under this ordinance except by approval of the Mississippi Headwaters Board.
Section 14 - Utility Transmission Lines and Related Facilities
1. PURPOSE
It is essential to regulate utility transmission crossings of lands within the jurisdiction of Mississippi River Corridor in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from such utility crossings. These standards and criteria provide a basic framework of environmental considerations concerning such a proposed crossing.
2. SATISFACTION OF STANDARDS
For each of the standards listed, the applicant shall indicate how considerations are satisfied where applicable, or if not, why not. In dealing with route design, considerations the applicant must, where applicable, also supply data on relevant site conditions. The county zoning authority may issue a conditional use permit only if the applicant demonstrates satisfaction of these standards.
3. ROUTES
The applicant shall submit both a preferred route and at least one alternate route for the proposed utility transmission crossing to the County zoning authority.
4. AVOIDANCE OF CORRIDOR
In general, the Mississippi River Corridor must be avoided whenever practicable, but if there is no feasible alternative, the standards listed shall apply.
5. PERMIT NOT REQUIRED FOR CERTAIN STATE REGULATED LINES
No conditional use permit shall be required for high voltage lines regulated by the Environmental Quality Board pursuant to Minnesota Statutes Section 116C.61, as amended.
6. UTILITY CROSSINGS
A. Commissioners' Permit Required. All utility crossing (transmission and distribution) of the Mississippi River on state lands within the Corridor which are under the control of the Commissioner of Natural Resources, require a permit from the Commissioner pursuant to Minnesota Statutes, Sections 84.415 or 103G.245. In reviewing permit applications for such crossings, primary consideration should be given to crossings that are proposed to be located with or adjacent to existing public facilities, such as roads and utilities.
B. Permit Required for Crossing. Utility transmission crossings of lands in the Mississippi River Corridor require a conditional use permit from the county zoning authority. (Transmission means electric, power, telephone and telegraph lines, cables, or conduits which are used to transport large blocks of power between two points -- with respect to electric power, generally 69 kilovolts or more -- or main or pipeline crossings for gas, liquids, or solids in suspension which are used to transport large amounts of gas, liquids or solids in suspension between two points.) Distribution means lines, cables, or conduits, or mains or pipelines used to distribute power, water, gas, or other essential services to the utility company's customers. A conditional use permit is not required for essential services.
7. UTILITY CROSSING ROUTE DESIGN
A. Criteria. Route design shall consider the following criteria.
(1) Avoid steep slopes where the combination of slope, soil, vegetation, and right-of-way clearing will be detrimental.
(2) Avoid intrusions into open exposures of water.
(3) Avoid routing along ridge crests or high points of topographic elevation.
(4) Avoid creating tunnel vistas by, for example, building deflections into the route or using acceptable screening techniques. This is applicable where the right-of-way is visible from the river.
B. Location.
(1) Avoid entering areas within 200 feet of the Mississippi River. Consideration shall be given to soil, slope and vegetation characteristics and transmission design. This setback shall not apply to crossings of the Mississippi River in cases where placement of transmission structures outside the 200 foot setback would result in considerably higher or more conspicuous structures.
(2) Avoid routing or siting utility transmission lines within the Wild Corridor classification.
C. Vegetation.
(1) Avoid wetlands, except in situations where a route crossing wetlands may be the least environmentally damaging alternative.
(2) Avoid passing through commercial or managed forests whenever practicable.
(3) If it is necessary to route through forests, then utilize open areas in order to minimize destruction of forest resources.
D. Soil Characteristics.
(1) Avoid areas where a combination of soil, vegetation, and slope characteristics and right-of-way clearing will cause soil erosion or slippage or create sedimentation problems during or after construction.
(2) Avoid areas with high water tables, especially if construction requires excavation.
E. Crossing Public Waters.
(1) Utility crossings of public waters requires a permit from the Commissioner pursuant to Minnesota Statutes, Sections 84.415 or 103G.245.
(2) Avoid open space recreation areas whenever practicable.
8. STRUCTURE DESIGN
A. Location. With regard to locating the utility overhead or underground:
(1) A critical evaluation of all factors shall be made in determining the preferred design but consideration must be given to underground placement and other measures to minimize visual impact. If the proposal is for overhead placement, the applicant shall explain the economic, technological, or land characteristic factors, which make underground placement infeasible.
(2) Economic considerations alone shall not be the major determinant.
(3) If overhead design is necessary, the crossing should be screened from view as much as practicable.
B. Appearance. With regard to the appearance of the structures they shall be made as compatible as practicable with the natural areas as design limitations allow with regard to height and width, materials used, and color. The height of structures should be proportional to the length of the conductor span.
C. Width of Right-of-Way. With regard to the width of the right-of-way the cleared portion of the right-of-way should be kept to a minimum so as to maximize the screening benefit of natural vegetation while meeting design clearance requirements.
9. CONSTRUCTION METHODS
A. Construction in Wetlands. If necessary, construction in wetlands shall be conducted during winter months when feasible and the necessary mitigative measures taken to minimize damage to vegetation and prevent erosion and sedimentation.
B. Wildlife Control. Construct at times when local fish and wildlife are not spawning or nesting.
C. Erosion and Sedimentation Control. Effective erosion and sedimentation control programs shall be conducted during all clearing, construction, or reconstruction operations in order to prevent the degradation of the river and adjacent lands.
10. SAFETY CONSIDERATION
Applicants must adhere to applicable federal and state safety regulations, both with regard to prevention (such as safety valves and circuit breakers) and with regard to emergency procedures in the event of failure (fire suppression, oil spill cleanup).
11. RIGHT-OF-WAY MAINTENANCE
A. If possible, natural vegetation of value to fish or wildlife, and which does not pose a hazard to or restrict reasonable use of the utility, shall be allowed to grow in the right-of-way.
B. Where vegetation has been removed, suitable vegetation consisting of native grasses, herbs, shrubs, and trees, should be planted and maintained on the right-of-way if natural revegetation has not occurred within two years after construction.
Section 15 - Public Roads and River Crossings
1. PUBLIC ROADS AND RIVER CROSSINGS
A. Purpose. It is essential to regulate the construction of new public roads and reconstruction of existing public roads within the Mississippi Headwaters Corridor in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from such development. These standards provide a basic framework of considerations for review of proposed road construction.
B. Commissioner's Permit Required. A permit as established in Minnesota Statutes Section 103G.245, is required from the Commissioner of Natural Resources for the construction or reconstruction, removal, or abandonment of any road or railroad crossing, of a public water.
C. Roads Subject to this Section. Public roads subject to the standards and criteria in this section of this ordinance include county, county-state-aid-highways, municipal roads and highways which serve, or are designed to serve, traffic between communities or other traffic areas. In addition to road construction or reconstruction standards required by state and federal authorities, a conditional use permit from the County zoning authority shall be required. A conditional use permit is not required for roads which are intended to serve as access to abutting privately-held properties.
2. CONSIDERATIONS
In applying for a conditional use permit, the applicant shall meet the following considerations. The application must also provide information on site conditions relevant to route design.
A. Route Design.
(1) Avoid steep slopes.
(2) Avoid intrusion into stream valleys and open exposures of water.
(3) Avoid scenic intrusion by avoiding ridge crests and high points.
B. Location.
(1) Avoid new public road routing within 200 feet of the Mississippi River.
C. Vegetation.
(1) Avoid wetlands.
(2) Route along fringes of forests rather than through them, but if it is necessary to route through forests, then utilize open areas in order to minimize destruction of forest areas.
D. Soil Characteristics.
(1) Avoid soils whose high susceptibility to erosion would create sedimentation and pollution problems during and after construction.
(2) Avoid areas of plastic soils which would be subject to extensive slippage.
(3) Avoid areas with high water tables, especially if construction requires excavation.
E. Crossing of Public Waters.
(1) A permit from the Commissioner of Natural Resources is required as established in Minnesota Statutes Section 103G.245 for a road or railroad crossing or reconstruction, removal, or abandonment of any existing road or railroad crossing, of a public water.
F. Open Space Recreation Areas.
(1) Avoid them whenever practicable.
G. Construction Methods.
(1) Construct new roads as they rest as "lightly on the land" as feasible, avoiding cuts and fills so as to blend into the natural terrain so that it appears to be a part of the natural landscape.
(2) Reconstruction of an existing public road or railroad should be performed in a manner that would minimize any adverse effect on the natural beauty and environment of the river.
(3) Effective erosion and sedimentation control programs shall be conducted during all clearing, construction, or reconstruction operations in order to prevent the degradation of the river and its adjacent lands.
(4) Avoid wetlands, but, if necessary and if approved by a permit from Commissioner of Natural Resources as required by Minnesota Statutes, Section 103G.245, construct across wetlands in such a manner which minimizes damage to vegetation, and in a manner so as to minimize erosion and sedimentation.
(5) Construct bridges and place culverts in a manner which does not isolate wetlands nor impair natural drainage.
(6) Construct at times when local fish and wildlife are not spawning or nesting.
H. Safety Considerations.
Applicants must adhere to applicable federal and state safety regulations with regard to new road construction or reconstruction of an existing road.
I. Right-of-Way Maintenance.
(1) If possible, natural vegetation of value to fish or wildlife, and which does not pose a safety hazard, shall be allowed to grow in the roadside right-of-way.
(2) Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs, and trees should be planted and maintained on the roadside right-of-way.
(3) Chemical control of vegetation is discouraged, but where such methods are justified, chemicals used and the manner of their use must be in accordance with rules, regulations and other requirements of all state and federal agencies with authority over their use.
Section 16 - Sand, Gravel, and Borrow Pits
1. EXTRACTION IS CONDITIONAL USE
Extraction of top soil, sand, gravel and aggregate materials is a conditional use in the scenic sections of the river corridor, provided the standards in this section and of the local zoning authority are met.
A. Site Development and Restoration Plan. The County Zoning Authority shall prepare and approve a site development and restoration plan for each use developed after July 1, 1992. The plan must address each of the following points:
(1) Dust;
(2) Noise;
(3) Discharge of materials that may be pollutants;
(4) Hours of operation, dates of operation and duration of activity;
(5) Anticipated vegetative alterations;
(6) Anticipated topographic alterations;
(7) Proposed mitigation of effects on wildlife;
(8) Proposed mitigation of effects on erosion;
(9) Proposed mitigation for cultural sites;
(10) Rehabilitation of site after use expires;
(11) Consideration of alternate existing sites; and
(12) Depth to groundwater.
B. Machinery. Processing machinery may not be located within the river corridor.
C. Rehabilitation Plans. Sites that have been in operation prior to July 1, 1992 must prepare rehabilitation plans for the site, addressing mitigation of effects on erosion.
Section 17 - Cemeteries
1. CEMETERY DEVELOPMENT IS CONDITIONAL USE
Development of a cemetery within the river corridor is a conditional use in the scenic class provided the standards in this section are met.
A. Site Plan. A site plan is approved by the County Zoning Authority that addresses each of the following items:
(1) Name of the cemetery;
(2) Legal description of the property affected;
(3) Names and addresses of applicant, owner, surveyor, and designer of the plan;
(4) Graphic scale;
(5) Arrow depicting north on the plan;
(6) Date of preparation;
(7) Total acreage of property;
(8) Square footage for each proposed site;
(9) Existing soil conditions and topographic contours;
(10) Roads and proposed roads showing right of way widths;
(11) Proposed location and type of on-site sanitary treatment facilities and
domestic water supply;
(12) Accessory facilities, existing or to be constructed, by type and location;
and
(13) All streams, creeks, ponds, wetlands, and swamps.
B. Activities Allowed. Burial only is allowed on site. No embalming or other related activities.
C. Flood Plain Restrictions. No placement of graves or accessory facilities within the designated flood plain.
D. Grave Liner Approval Required. Each burial must be in a vault or grave liner approved by the Mississippi Headwaters Board.
Section 18 - Campgrounds, Resorts, Bed and Breakfasts
1. CAMPGROUNDS
A. Conditions for Expansion. Expansion of a campground by more than 2 units from the number normally in use prior to July 1, 1992, must comply with the standards in this subsection and requires a conditional use permit.
B. Site Plans. Site plans for all proposed campgrounds shall be submitted to the County Zoning Authority. All proposed plans shall contain the following information and shall be drawn at a scale of not less than one inch equals 200 feet.
(1) Name of the campground;
(2) Legal description of the property affected;
(3) Names and addresses of applicant, owner, surveyor, and designer of the plan;
(4) Graphic scale;
(5) Arrow depicting north on the plan;
(6) Date of preparation;
(7) Total acreage of property;
(8) Square footage for each proposed site;
(9) Existing soil conditions and topographic contours;
(10) Roads and proposed roads showing right of way widths;
(11) Proposed location and type of on-site sanitary treatment facilities and
domestic water supply;
(12) Recreational and accessory facilities, existing or to be constructed, by
type and location, including, but not limited to, lodges, sheds, swimming pools,
tennis courts, laundries, convenience stores, boat storage and fish cleaning
houses;
(13) All streams, creeks, ponds, wetlands, and swamps; and
(14) Existing or proposed marinas, harbors, and/or any docking facilities.
C. Density and Length of Stay Requirements. Campgrounds must comply with the following density and length of stay requirements.
(1) Campground: 8 units per acre; 4,000 square feet each site; minimum width 40 feet each lot; a unit may not remain at an individual site for longer than 14 consecutive days;
(2) Recreational Vehicle Park Campground: 4 units per acre; 8,000 square feet each site; minimum width 80 feet each lot; a recreational camping vehicle may not be parked at an individual site for more than 180 days in each calendar year.
D. Accessory Structures Prohibited. No accessory structures shall be permitted in any site.
E. Road. Interior campground roads shall meet the following requirements: All roads shall have a 50 foot minimum right of way. Interior roads with one way traffic can be no less that 15 feet in width. Interior roads with two-way traffic must be at least 24 feet in width for traveled portions.
F. Water Setback. Campsites shall be set back from the ordinary high water mark as required by Sections 7 and 8 of this ordinance.
G. Sewage System. Campgrounds shall have an approved on-site sewage treatment system which conforms to all standards, criteria, rules and regulations of the Minnesota Pollution Control Agency.
H. Natural Landscape Protection Plan. A natural landscape protection plan must be prepared.
I. License Required. Campgrounds shall be licensed by and shall meet all standards proscribed by the Minnesota Department of Health. In the event of conflict between those regulations and the regulations of this ordinance, the more restrictive standards shall apply.
J. Conditional Use Permit Considerations. When reviewing an application for a conditional use permit for any campground, the Zoning Authority shall evaluate the effect of the proposed campground with regard to the following criteria:
(1) Maintenance of safe and healthful conditions;
(2) Prevention and control of water pollution, including sedimentation;
(3) Existing topographic and drainage features and vegetative cover on the proposed
site;
(4) The location of the site with respect to the flood plains and the flood
ways of the Mississippi River;
(5) The erosion potential of the site based upon the degree and direction of
slope, soil type, and vegetative cover;
(6) The location of the site with respect to existing or future township, county,
state or federal roads; and
(7) The compatibility with uses on adjacent lands.
2. RESORTS
A. Expansion. Expansion of a resort requires a conditional use permit and is subject to the standards in this subsection.
B. Site Plan. A site plan for all proposed resorts and resort expansions shall be submitted to the Zoning Authority, or appropriate unit of local government, including:
(1) Name of the resort;
(2) Legal description of the property affected;
(3) Name and address of applicant, owner, surveyor, and designer of the plan;
(4) Graphic scale;
(5) Arrow indicating north in the plan;
(6) Date of preparation;
(7) Total acreage of property, including boundaries;
(8) Total dimension of dedicated property;
(9) Existing soil conditions and topographic contours;
(10) Roads and proposed roads showing right of way widths;
(11) Proposed location and type of on-site sanitary treatment facilities and
domestic water supply;
(12) Recreational and accessory facilities, existing or to be constructed, by
type and location, including, but not limited to, lodges, sheds, swimming pools,
tennis courts, laundries, convenience stores, boat storage and fish cleaning
houses;
(13) All streams, creeks, ponds, wetlands, and swamps; and
(14) Existing or proposed marinas, harbors, and/or any docking facilities.
C. Density and Setback. Density and setback standards set forth in Section 7 for Headwaters Lakes, and Section 8 for the Mississippi River, of this ordinance must be met.
D. Sewage Systems. Resorts shall have an approved on-site sewage treatment system which conforms to all standards, criteria, rules and regulations of the Minnesota Pollution Control Agency.
E. Natural Landscape Protection Plan. A Natural Landscape Protection Plan must be prepared.
F. License Required. Resorts shall be licensed and shall meet all standards of the Minnesota Department of Health. In the event of conflict between those regulations and the regulations of this ordinance, the more restrictive standards shall apply.
G. Review Criteria. When reviewing an application for a conditional use permit for any resort, the Zoning Authority shall evaluate the effect of the proposed resort or resort expansion with regard to the following criteria:
(1) Maintenance of safe and healthful conditions;
(2) Prevention and control of water pollution, including sedimentation;
(3) Existing topographic and drainage features and vegetative cover on the proposed
site;
(4) The location of the site with respect to the flood plains and the flood
ways of the Mississippi River;
(5) The erosion potential of the site based upon the degree and direction of
slope, soil type and vegetative cover;
(6) The location of the site with respect to existing or future township, county,
state or federal roads; and
(7) The compatibility with uses on adjacent lands.
3. BED AND BREAKFASTS
A. Residence Requirement. Bed and breakfasts must be contained within a single-family residence. An addition may be allowed to establish the use. A second building to establish the use is not allowed.
B. Rental Units. The number of rental units is limited to no more than four, or the standards prescribed by the Minnesota Department of Health, whichever is more restrictive.
C. Parking. Additional parking is limited to one vehicle per rental unit.
D. Setback Standards. All building and setback standards of the Mississippi Headwaters Conservation Ordinance apply.
Section 19 - Docks, Public Accesses, and Signs
1. DOCKS
A. Permanent Docks. When reviewing an application for a conditional use permit for a permanent dock, the Zoning Authority shall evaluate the effect of the proposed dock with regard to the following criteria:
(1) Required maintenance will be low and structural damage due to freeze-up
and break-up will be low;
(2) Long fetches will subject seasonal docks to damaging storm waves;
(3) Bottom conditions such as bedrock or extremely gradual off-shore slope will
preclude use of seasonal dock stringers; and
(4) The number of users requires additional stability.
B. Pilings Preferred. Piling docks are preferred in all cases unless depth to bedrock is too shallow to allow driving of piles; in which case, rock cribs may be allowed.
C. Waterward Extension. The dock shall extend waterward only to a navigable depth generally considered to be no greater than 4 feet. In no case shall the dock extend more than 50 feet waterward from the ordinary high water mark.
D. Width. The dock shall not exceed 6 feet in width.
E. Other Permits. Proper permits shall be obtained from the Commissioner of Natural Resources.
2. PUBLIC ACCESS WITH BOAT LAUNCHES
A. Criteria. When reviewing an application for conditional use permit for any public access with a boat launch, the Zoning Authority shall evaluate the proposed public access with regard to criteria established by the Minnesota Department of Natural Resources.
B. Conditional Use. Conditional uses shall be issued for public accesses with boat launches if they comply with the following standards:
(1) Site can support ramp without pilings, dredgings or special site preparations.
(2) Access shall be constructed only of gravel, natural rock, concrete, steel
matting, or other durable organic matter.
(3) Boat launch shall be no more than 6 inches thick, 24 feet wide, extending
20 feet waterward to a water depth not to exceed 4 feet, with no more than 30
cubic yards of fill and 60 cubic yards of excavation required.
(4) Boat launch site is not a posted fish spawning site.
(5) All soils disturbed during construction shall be stabilized by seeding or
sodding in the same construction season and meet the standards for excavation,
grading, and filling set forth in Section 13 of this ordinance.
3. SIGNS
A. Visibility From River. Only those signs necessary for public health and safety and pertinent information may be visible from the river.
B. Permit Required. All signs require a conditional use permit unless the sign is less than six square feet and either: (1) displays the name of a home; or (2) is a temporary sign advertising the availability of property.
C. Permit Considerations. When reviewing an application for a conditional use permit for a sign, the Zoning Authority shall evaluate the proposed sign with regard to the following conditions:
(1) The sign's relationship to a permitted use within the Mississippi River
Headwater's area;
(2) The aesthetics of the sign in relationship to the surrounding area;
(3) Assurances of continuing maintenance and upkeep of the sign; and
(4) Similarity to other signs in the area.
Section 20 - Subdivision
1. SUITABILITY
Each lot created through subdivision must be suitable in its natural state for the proposed used with minimal alteration. Suitability analysis, by the responsible unit of government, or the Commissioner of Natural Resources, shall consider susceptibility to flooding, existence of wetlands, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish or wildlife habitat, presence of significant cultural site, or any other feature of the natural land likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
2. REQUIRED INFORMATION
The following information must be submitted by the applicant to make a determination of land suitability.
A. Topographic Contours. Topographic contours at 10-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics.
B. Surface Water Features. Surface water features required in Minnesota Statutes, Section 505.02, Subdivision 1, to be shown on plats, obtained from U.S. Geological Survey quadrangle topographic maps or more accurate sources.
C. Soils Information. Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods.
D. Water Considerations. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities.
E. Flood Plain Areas. Location of 100-year flood plain areas from existing maps or data.
3. APPLICABILITY
The provisions otherwise set forth in this ordinance and in other applicable local ordinances shall apply to all plats, except Planned Unit Development.
4. PLAT REVIEW
Copies of all proposed plats within the Mississippi Headwaters Corridor shall be submitted to the Commissioner of Natural Resources for review at least thirty (30) days prior to the approval or disapproval of such plats by the governing body on the suitability of the land for such subdivisions.
5. PLANNED UNIT DEVELOPMENT
For planned unit developments the following standards will apply, in addition to any applicable provisions of the County Zoning Ordinance.
A. Requirement. A planned unit development may be allowed only when the proposed development provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision equipment.
B. Altered Dimensional Standards. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this ordinance for planned unit developments provided:
(1) Preliminary plans are reviewed by the Mississippi Headwaters Board as provided in Section 21 of this ordinance and are approved by the Commissioner of Natural Resources prior to their adoption by the Zoning Authority.
(2) Central sewage treatment system facilities are installed which meet the standards, criteria, rules or regulations of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
(3) Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other methods.
(4) There is not more than one centralized boat launching facility for each unit.
(5) The density of such planned unit development shall not exceed two dwelling units per minimum lot size within the Mississippi Headwaters Corridor.
Section 21 - Administration
1. AUTHORITY
A. Administration. The provisions of this ordinance shall be administered by the designated Zoning Authority.
B. Board of Adjustment. The Board of Adjustment of the County shall hear and decide appeals and applications for variances; and to review any order, requirements, decisions, or determination made by the Zoning Authority, who is charged with enforcing this ordinance in the manner prescribed by Minnesota Statutes, Chapter 394, as amended.
C. Fees. Permit fees and inspection fees as may be established by resolution of the County shall be collected by the Zoning Authority for deposit with the treasurer and credited to the appropriate fund.
2. NONCONFORMING USES
A. Nonconforming Uses. Uses nonpermitted by this ordinance but which are in existence prior to the effective date of this ordinance shall be nonconforming uses. Such uses may be continued but shall not be intensified, enlarged, or expanded beyond the permitted or delineated boundaries of the use of the activity as stipulated in the most current permit issued prior to the adoption of this ordinance.
B. Change of Use. Such use shall not be changed to another nonconforming use or be reestablished if discontinued for a continuous twelve (12) month period.
C. Destruction of Structure. If a nonconforming structure is destroyed by any cause, to an extent exceeding fifty percent of its fair market value as indicated by the records of the County Assessor, a future structure or use of the site shall conform to this ordinance.
D. Maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonconforming use.
3. SUBSTANDARD USES
A. Existing Uses. All uses in existence prior to the effective date of enactment or amendment of this ordinance which are permitted or conditional uses within the Mississippi Headwaters Corridor, but do not meet the minimum lot area, setbacks or other dimensional requirements of this ordinance are substandard uses, and shall be allowed to continue provided that any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.
4. CONDITIONAL USES
A. Standards Must be Met. Prior to the granting of a conditional use permit by the Zoning Authority the applicant must show the standards and criteria contained in this ordinance have been met.
B. Material Adverse Effect. The applicant for a conditional use permit which, in the opinion of the Zoning Authority, may result in a material adverse effect on the environment may be requested by the Zoning Authority to demonstrate the nature and extent of the effect.
C. Considerations. In reviewing a request for a conditional use permit, the County shall review the standards and criteria of this ordinance and the following general criteria:
(1) the prevention of soil erosion or other possible pollution of the Mississippi River and its Headwaters Lakes, before, during and after construction;
(2) the visibility of structures and other facilities as viewed from public waters is limited;
(3) the site is adequate for water supply and on-site sewage treatment;
(4) the assessment and management of natural, cultural scientific, scenic and recreational values of the site is addressed; and
(5) the types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of the Mississippi River, its shorelands and the Headwaters Lakes, to accommodate the proposed changes.
5. VARIANCES
A. Conditions. The grant of a variance requires the presence of all the following conditions:
(1) The strict enforcement of county zoning controls will result in unnecessary hardship. "Hardship" as used in connection with granting of a variance means that the property in question cannot be put to a reasonable use under the conditions allowed by the zoning provisions. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance.
(2) Granting of a variance is not contrary to the purpose and intent of the zoning provision contained within the Mississippi Headwaters Management Plan, its standards and criteria, and is consistent with the policies adopted by the Mississippi Headwaters Board.
(3) There are exceptional circumstances unique to the subject property which were not created by the landowner.
(4) Granting of the variance shall not allow any use which is neither a permitted or conditional use within the Corridor established in the Mississippi Headwaters Management Plan, in which the subject property is located.
(5) Granting of the variance will not alter the essential character of the Corridor.
B. Material Adverse Effect. The applicant for a variance which, in the opinion of the Board of Adjustment, may result in a material adverse effect on the environment may be requested by the Board of Adjustment to demonstrate the nature and extent of the effect.
C. Certification Required. All variances to the requirements of this ordinance must be reviewed and certified in accordance with Section 22 of this ordinance.
7. AMENDMENTS
A. Authorization. This ordinance may be amended whenever the public necessity and the general welfare require such amendments by the procedure specified in this section. Amendments to this ordinance must be reviewed by the Mississippi Headwaters Board as specified in Section 22 of this ordinance.
B. Amendment Initiation. Requests for amendments of this ordinance shall be initiated by a petition of the owner or owners of the actual property; or by action of the County.
C. Filing. An application for an amendment shall be filed with the county zoning authority.
D. Hearing. Upon receipt of the application and other requested materials, the Zoning Authority shall conduct a public hearing in the manner prescribed by Minnesota Statutes.
E. Certification Required. Following the public hearing, the Zoning Authority shall make a report of its recommendations on the proposed amendment and shall file a copy with the County within sixty (60) days after the hearing. Mississippi Headwaters Board review and certification must be obtained as specified in Section 22 before the proposed amendment becomes effective.
F. Fees. To defray the administrative costs of processing requests of an amendment to this ordinance, a fee not exceeding administrative costs shall be paid by the petitioners. Such fee shall be determined by the County Board of Commissioners.
Section 22 - Review and Certification Procedures
1. APPLICABILITY
A. Actions Covered. To ensure the standards here are not nullified by unjustified exceptions and particular cases, and to promote uniformity in the treatment of applications for such exceptions, review and certification procedures hereby established for certain decisions consist of those which: directly affect the use of land within the Mississippi Headwaters Corridor; or includes one of the following types of action:
(1) Adopting or amending an ordinance regulating the use of land, including rezoning particular tracts of land;
(2) Granting a variance from a provision of the local land use ordinance which relates to the zoning dimension provisions of the Mississippi Headwaters Board Management Plan or any zoning dimension provisions established in this plan; or
(3) Approving a plat which is inconsistent with the local land use ordinance adopted under the Mississippi Headwaters Board Management Plan.
B. Compliance Required. The land use ordinance or amendment must comply with the policy of the joint powers board agreement and the Mississippi Headwaters Management Plan prepared pursuant to the authority contained in Minnesota Statutes, Sections 103F.361 to 103F.377.
C. Review Required. No such local action shall be effective until the Mississippi Headwaters Board has reviewed and certified the actions.
2. PROCEDURES
A. Notice of Hearings. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances or inconsistent plats under the local ordinance shall be received by the Mississippi Headwaters Board at least fifteen (15) days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plats, or a description of the requested variance.
B. Notification. The local authority shall notify the Mississippi Headwaters Board of its final decision on the proposed action, within 10 days of the decision.
C. Certification Decision. The Mississippi Headwaters Board shall, no later than 30 days from the time they receive notice of the final decision, communicate to the local authority either:
(1) Certification of approval, with or without conditions; or
(2) Notice of non-approval.
D. Effective Date for Action. The action becomes effective when and only when either:
(1) The final decision taken by the county has previously received certification of approval from the Mississippi Headwaters Board; or
(2) The county receives certification of approval after its final decision; or
(3) Thirty days have elapsed from the day the Mississippi Headwaters Board received notice of the final decision, and the county has received from the Mississippi Headwaters Board neither certification of approval nor notice of non-approval; or
(4) The Mississippi Headwaters Board certifies their approval after conducting a public hearing.
E. Non-Approval. In the case of notice of non-approval of an ordinance or a variance or an inconsistent plat, either the applicant, or chief executive officer of the county may, within the thirty (30) days of said notice, file with the Mississippi Headwaters Board a demand for hearing. If the demand for hearing is not made within the thirty (30) days, the notice of non-approval becomes final. Also:
(1) The hearing shall be held in the county seat of the county to which the action applies, within 60 days of the demand for it but not before two weeks published notice. Notice and the conduct of the hearing and the allocation of costs of the hearing shall be accomplished in the same manner as provided in Minnesota Statutes, Section 103G.311 as amended.
(2) Within 30 days after the hearing, the Mississippi Headwaters Board shall either certify its approval of the proposed action, or deny it. The decision shall be based upon findings of fact made on substantial evidence found in the hearing record.
F. Plats to be Forwarded. Copies of all plats within the Mississippi Headwaters Corridor that are approved by the Mississippi Headwaters Board shall be forwarded to the Commissioner within 10 days of approval by the respective county.
Section 23 - Other Government Actions
1. FURTHERANCE OF PLAN REQUIRED
Local and special governmental units, councils, commissions, boards and districts, and all state agencies and departments must exercise their powers to further the Mississippi Headwaters Management Plan and this ordinance as provided in Minnesota Statutes Section 103F.371. Land use actions or activities directly affecting land use in the corridor, including projects wholly or partially conducted, financed, permitted, assisted, regulated, or approved by governmental units or state agencies or departments must comply with this ordinance or the governmental units or state agencies or departments must notify the Mississippi Headwaters Board prior to approving the action or activities provided in subsection 2.
2. CONSISTENCY DETERMINATION
The Mississippi Headwaters Board shall determine whether a governmental action or activity furthers the Mississippi Headwaters Management Plan, including the Model Ordinance. Prior to approving an activity or action, a governmental entity that does not comply with this ordinance must send a notice of any public hearings or meetings where the governmental action or activity will be considered to the Mississippi Headwaters Board at least 15 days before the hearings or meetings. The Mississippi Headwaters Board shall determine whether the activity or action is consistent with Minnesota Statutes Section 103F.371. If the Mississippi Headwaters Board determines an action is not consistent, the governmental entity must comply with this ordinance or conditions approved by the Mississippi Headwaters Board.
Section 24 - Enforcement
1. VIOLATIONS
It is declared unlawful for any person to violate any of the terms and provisions of this ordinance. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
2. RESTRAINT OF VIOLATIONS
In the event of a violation or a threatened violation of this ordinance, the County or the Mississippi Headwaters Board, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain or abate such violations or threatened violations.
3. SPECIFIC PERFORMANCE
Any person or resident of the County may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials of any duty required by this ordinance.
4. EFFECT
This ordinance shall have full force and effect from and after its passage, approval, and publication by law.
V. MISSISSIPPI HEADWATERS CORRIDOR MAPS
Mississippi Headwaters Corridor
Maps defining the corridor under the jurisdiction of the Mississippi Headwaters
Board on the Mississippi River and on the Headwaters Lakes of Carr, Irving,
Bemidji, Stump, Wolf, Andrusia, Cass, Winnibigoshish and Little Winnie follow.
Maps are provided for the length of the river for the unincorporated areas of
the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing
and Morrison. The corridor is indicated by a diagonal line across the river.
Maps of the Mississippi River and the Headwaters Lakes are provided for the
incorporated areas, but there is no corridor in areas incorporated as municipalities.
Map Scale
For the following maps, one inch equals 2,000 feet.
Map Information
Maps indicate the river itself, physical characteristics of the river, such as rapids, the river corridor, roads, railroads, pipelines, and powerlines.
Additional Maps
Each member county of the Mississippi Headwaters Board is provided a set of maps of the river corridor for that county.
Map Interpretation
Maps are presented according to the flow of the river, and should be read from the upstream point to the downstream point on each map. Maps of the Headwaters Lakes follow the southern boundary, from the inlet of the river to the outlet, and then return to the inlet of the river and follow the north shore. The north shore of Lake Winnibigoshish is not represented on these maps.