6105 WILD, SCENIC, AND RECREATIONAL RIVERS

6105.0040 DEFINITIONS. Subpart 1. Shall; measurement of distances. For the purpose of these parts, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizon…

6105.0050 SEVERABILITY. The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part. Statutory Authority: MS s 104.34 Published El…

6105.0060 RIVERS ELIGIBLE FOR INCLUSION IN RIVER SYSTEM. Subpart 1. General characterization and classification. To be eligible for inclusion in the Minnesota wild and scenic rivers system, a river or segment of a river, and its adjacent lands must possess outstanding scenic, rec…

6105.0070 PROCEDURE FOR INCLUDING A RIVER: MANAGEMENT PLANS. Subpart 1. In general. For each river proposed to be included in the wild and scenic rivers system, the commissioner shall prepare a management plan. The plan shall: A. give emphasis to the preservation and protection o…

6105.0080 LAND USE. In order to preserve and protect those rivers and adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific, and similar values, to reduce the effects of overcrowding and poorly planned development of such adjacent lands, t…

6105.0090 LAND USE DISTRICTS. Subpart 1. Scope. The land use controls set forth herein shall apply to the area within the land use district boundaries described in the management plan, and determined in accordance with part 6105.0070, subpart 2, item B. Subp. 2. Types of district…

6105.0100 USE WITHIN LAND USE DISTRICTS. Subpart 1. Nonconforming uses. All uses in existence prior to the effective date of enactment or amendment of the ordinance which do not conform to the use restrictions of the newly established land use district are nonconforming uses. Und…

6105.0110 ZONING DIMENSIONS. Subpart 1. Substandard lots. Lots of record in the office of the county register of deeds or registrar of titles on the effective date of enactment or amendment of the local land use ordinance, which do not meet the requirements of this part shall be …

6105.0120 SANITARY STANDARDS. The sanitary provision standards set forth in part 6120.1300 shall apply to wild, scenic, and recreational river land use districts. However, the provisions of part 6120.1300, subpart 3, item D are superseded by the following setback provisions for s…

6105.0130 WATERSHED MANAGEMENT AND FLOOD CONTROL STRUCTURES. Minnesota Statutes, section 103G.245, requires a permit from the commissioner of natural resources before any change is made in the course, current, or cross-section of public waters. Statutory Authority: MS s 104.34; 1…

6105.0140 SUBDIVISIONS. Subpart 1. Land suitability. No land may be subdivided which is held unsuitable by the local authority, or the commissioner, for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, se…

6105.0150 VEGETATIVE CUTTING. Subpart 1. In general. On lands within 200 feet of the normal high water mark of wild rivers, 150 feet of the normal high water mark of scenic rivers, 100 feet of the normal high water mark of recreational rivers and lands within 100 feet of the norm…

6105.0160 GRADING AND FILLING. Subpart 1. In general. Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district. Grading and filling in of the natural topography which is accessory to …

6105.0170 PERMITS FOR UTILITY TRANSMISSION CROSSINGS. Subpart 1. Requirement. All utility crossings (transmission and distribution) of wild, scenic, or recreational rivers, or of state lands within their land use districts which are under the control of the commissioner, require …

6105.0180 STANDARDS AND CRITERIA FOR UTILITY TRANSMISSION CROSSINGS OF LANDS WITHIN THE JURISDICTION OF THE LOCAL AUTHORITY. Subpart 1. Policy. It is essential to regulate utility transmission crossings of lands within the jurisdiction of the local authority within wild, scenic, …

6105.0190 PUBLIC ROAD PERMITS. Subpart 1. Requirement. A permit as established in Minnesota Statutes, section 103G.245, is required for the construction or reconstruction, removal, or abandonment of any road or railroad crossing, of a public water. In reviewing permit application…

6105.0200 STANDARDS AND CRITERIA FOR CONSTRUCTION OF NEW PUBLIC ROADS OR RECONSTRUCTION OF EXISTING ROADS. Subpart 1. Policy. It is essential to regulate the construction of new public roads and reconstruction of existing public roads within wild, scenic, and recreational river l…

6105.0210 PUBLIC USE OF WATERS AND LANDS WITHIN WILD, SCENIC, AND RECREATIONAL RIVER LAND USE DISTRICTS. Subpart 1. Policy. In order to protect the rights of private landowners, to ensure quietude, to prohibit trespassing, to prevent littering, and to maintain the essential quali…

6105.0220 IMPLEMENTATION OF PROPOSED MANAGEMENT PLAN. Adoption of the management plan, and adoption or amendment of local ordinances to comply with the management plan, shall be carried out pursuant to the procedures described in Laws of Minnesota 1973, chapter 271, sections 5 an…

6105.0230 REVIEWS AND CERTIFICATION OF LOCAL LAND USE DECISIONS. Subpart 1. Procedure established. In order to ensure that the standards herein are not nullified by unjustified exceptions in particular cases, and to promote uniformity in the treatment of applications for such exc…

6105.0240 REVIEW OF APPLICATIONS FOR CONDITIONAL USE PERMITS. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be received by the commissioner at least 30 days…

6105.0250 COPIES OF PLATS SUPPLIED TO COMMISSIONER. Copies of all plats within the boundaries of wild, scenic, or recreational river land use districts shall be forwarded to the commissioner within ten days of approval by the local authority. Statutory Authority: MS s 104.34 Publ…

6105.0300 STATUTORY AUTHORITY AND PURPOSE. These parts are authorized by Minnesota Statutes, section 86B.205, subdivision 9, and are promulgated in order to promote the full use by all of the people, now and in the future, of the water surface of the Lower Saint Croix River in a …

6105.0310 SCOPE. These parts apply to the waters of the Lower Saint Croix River from the dam at Taylors Falls to its confluence with the Mississippi River. Statutory Authority: MS s 104.25 Published Electronically: June 11, 2008

6105.0320 DEFINITIONS. Subpart 1. Scope of terms; shall. For the purpose of these rules the word "shall" is mandatory, not permissive, and certain words or terms shall be interpreted as follows. Subp. 2. Mile. "Mile" means distance in miles above the confluence of the Saint Croix…

6105.0330 RESTRICTED SPEED ZONES. Subpart 1. Slow speed zone. No motorboat shall at any time be operated in excess of a slow speed from the dam at Taylors Falls to the sandbars located approximately at mile 31.0. Subp. 2. Slow-no wake speed. No motorboat shall be operated in exce…

6105.0340 WATER SKIING. Subpart 1. Between sunrise and sunset. No watercraft towing a person on water skis, aquaplane, or similar device shall be operated between sunset and sunrise on the Saint Croix River from the dam at Taylors Falls to its confluence with the Mississippi Rive…

6105.0350 PENALTY. Any person violating any of the provisions of parts 6105.0300 to 6105.0340 shall be guilty of a misdemeanor. Statutory Authority: MS s 104.25 Published Electronically: June 11, 2008

6105.0351 STATEMENT OF POLICY. In order to protect and preserve the outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values of the Lower Saint Croix National Scenic Riverway in a manner consistent with the National Wild and Scen…

6105.0352 SCOPE. Subpart 1. Standards and criteria. To achieve the policies declared in part 6105.0351, the commissioner hereby sets forth minimum standards and criteria for the wise management and development of the Lower Saint Croix National Scenic Riverway in parts 6105.0351 t…

6105.0353 JURISDICTION. The standards and criteria for the Lower Saint Croix National Scenic Riverway in Minnesota, as hereby set forth in parts 6105.0351 to 6105.0550, apply to both incorporated and unincorporated areas, public and private lands, and public waters within the riv…

6105.0354 DEFINITIONS. Subpart 1. Scope. For the purpose of these standards and criteria, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. …

6105.0360 ST. CROIX RIVERWAY DESIGNATION AND ESTABLISHMENT OF DISTRICTS. These standards and criteria designate a Saint Croix Riverway coinciding with the riverway boundary established in the Lower Saint Croix National Scenic Riverway Master Plan. These standards and criteria, as…

6105.0370 USE STANDARDS AND CRITERIA. Subpart 1. Purpose. The purpose of establishing standards and criteria for uses in the Saint Croix Riverway shall be to protect and preserve existing natural, scenic, and recreational values, to maintain proper relationships between various l…

6105.0380 DIMENSIONAL STANDARDS AND CRITERIA. Subpart 1. Purpose. The purpose of establishing dimensional standards and criteria in the Saint Croix Riverway shall be to protect riverway lands by means of acreage, frontage, setback, and height requirements on development. Specific…

6105.0390 SANITARY STANDARDS AND CRITERIA. Subpart 1. Purpose. In order to ensure safe and healthful conditions, to prevent pollution and contamination of surface and ground waters, and to guide development compatible with the natural characteristics of blufflands, shorelands, an…

6105.0400 SUBDIVISIONS. Subpart 1. Land suitability. Land may be subdivided only where it is demonstrated by the applicant that all lots are suitable for residential development. No land shall be subdivided which is held unsuitable by the local authority, or the commissioner, for…

6105.0410 MARINAS. Subpart 1. District location. New marinas may only be allowed between the Boomsite Highway Wayside and Stillwater and downstream from the northern city limits of Stillwater in urban districts. Exception: for rural districts downstream from Stillwater, where mar…

6105.0420 ALTERATIONS IN PUBLIC WATERS. Changing the course, current, or cross-section of public waters requires a permit from the commissioner of natural resources under Minnesota Statutes, section 103G.245. The standards in part 6105.0410, subpart 3, item B, subitems (4) to (6)…

6105.0430 TRANSMISSION SERVICES. A permit from the commissioner is required pursuant to Minnesota Statutes, section 84.415 or 103G.245 before transmission services may cross state-owned lands or public waters. Rules of the Department of Natural Resources relating to utility cross…

6105.0440 PUBLIC ROADS. A permit from the commissioner is required pursuant to Minnesota Statutes, section 103G.245 before construction, reconstruction, removal, or abandonment of any road or railroad crossing of public waters. In reviewing permit applications required for road o…

6105.0500 JOINT EXERCISE OF POWERS. In order to facilitate more logical, consistent, and efficient administration of Saint Croix Riverway ordinances, counties and cities are encouraged, whenever feasible and practicable, to enter into joint powers agreements with adjacent or othe…

6105.0510 LOCAL PERMIT PROCEDURES. Subpart 1. Permitted uses. In order to facilitate orderly and efficient administration and enforcement of Saint Croix Riverway ordinances, local units of government shall establish permit procedures for permitted and accessory uses and associate…

6105.0520 VARIANCES. Variances shall only be granted where there are particular hardships which make the strict enforcement of a Saint Croix Riverway ordinance impractical. Hardship means the proposed use of the property and associated structures in question cannot be established…

6105.0530 PUBLIC HEARINGS. Subpart 1. Requirement. In addition to public hearings required by Minnesota Statutes, sections 375.51 and 462.357, prior to the adoption of a Saint Croix Riverway ordinance or amendments thereto, public hearings shall be held before any conditional use…

6105.0540 CERTIFYING CERTAIN ACTIONS. Subpart 1. In general. In order to ensure that the standards and criteria herein are not nullified by unjustified exceptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and cer…

6105.0550 IMPLEMENTATION AND ENFORCEMENT ASSISTANCE. The Department of Natural Resources shall provide assistance to the local units of government under the jurisdiction of the federal and state Lower St. Croix River Acts to implement and enforce St. Croix Riverway ordinances ado…