07-28-1983 Council Agenda - Laserfiche WebLink

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t The Municipal Regs. also give flexibility to the DNR in amending, modifying, or expanding the classification to provide specialized regulations based upon unique characteristics and capabilities of any protected water(s) (see NR 82 (f)(5), page 5 of the Municipal Regs.). We have applied this approach in the City of Maplewood's shoreland controls wherein the city proposed a five classi- fication system rather than the normal DNR three classification (NE, RD and GO) approach. Again, the city would be required to demonstrate, with supporting data, unique characteristics or circumstances which warrant considering appli- cation of this system. Determination of a Shoreland District: The municipal shoreland legislation specifically defines the shoreland as land within 1000 feet from the Ordinary High Water Mark of a lake, pond, or flowage and land within 300 feet of a river or stream or the landward extent of the flood plain delineated by ordinance on such a river or stream, whichever is greater (see Minnesota Statutes 0 105.485, Subdivision 2). The Municipal Regs. give the DNR flexibility to allow a lesser limit for shoreland only "whenever the waters involved are bounded by topo- graphic divides which extend landward from the Ordinary High Water Mark for lesser distances ". The Municipal Regs. also give DNR the approval /disapproval authority in such cases- -see definition of Shoreland, NR 82(d), page 3 of the Municipal Pegs. In practical terms, the DNR can consider reducing the shoreland district only when an area is outside of the lake's watershed; i.e. the area cannot drain directly or indirectly to the basin. To support such a consideration from the DNR, communities are normally required to submit stormwater management or city drainace plans and reports. Zoning and Dimensional Standards: The Municipal Regs. give the DNR flexibility in considering zoning and dimensional standards for shoreland areas under Minn. Regs. NR 83(c)(5) which states: "Municipalities may, under special circumstances and with the Commissioner's approval, adopt shoreland management ordinances which are not in strict conformity with NR 83(c) "Zoning Pro- visions" provided that the proposed ordinance is based upon individual public water capabilities and that the purposes of Minnesota Statutes 1974, Section 105.485 are satisfied.' The DNR's flexibility is restricted to considering alternative zoning standards referenced within NR 83(c), Therefore, a city could propose alternative stand- ards for the following: 1) Minimum lot size and width 2) Structure setbacks from protected waters 3) Structure setbacks from roads and highways 4) Maximum structure height 5) Maximum percentage of impervious surface(s) on a lot 6) Placement of roads and parking areas 7) Regulation of shoreland alterations (vegetation removal and grading /filling) fif;