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Chapter 153 Water Resource Management Adopted 6/28/2022 <br /> Page 27 of 34 <br />§ 153.60 SHORELAND STANDARDS. <br />(A)This chapter applies only in situations where a protected water exists but the LGU responsible for land <br />use planning and zoning has not adopted a DNR-approved shoreland ordinance. <br />(B)All development and land use changes shall meet the setback requirements of Minn. Rules Parts <br />6120.3300 and 6120.3400, as they may be amended from time to time. <br />§ 153.61 FLOODPLAIN STANDARDS. <br />(A)This section applies in situations where the floodway and 100-year flood elevation have been defined by <br />the Federal Emergency Management Agency (FEMA). <br />(B)Regulation. <br />(1)Fill in the floodway. Placement of fill in the floodway shall not be allowed. <br />(2)Fill in the 100-year flood elevation. <br />(a)Placement of up to 50 cubic yards of fill below the 100-year flood elevation for the purposes of <br />restoring or stabilizing soils, banks, or slopes shall be allowed. <br />(b)Placement of more than 50 cubic yards of fill below the 100-year flood elevation for the purposes <br />of restoring or stabilizing soils, banks, or slopes OR any amount of fill placed below the 100-year <br />flood elevation for other purposes shall not be allowed unless it is shown that the proposed fill can <br />be mitigated through provision of compensatory storage, or will not cause a net decrease in flood <br />storage. <br />(c)Placement of fill for the construction of linear public projects that are necessary in order to meet <br />state or federal safety standards or requirements shall meet the following requirements: <br />(i)If it can be demonstrated that the fill will not cause a net decrease in flood storage, <br />compensatory storage is not required. <br />(ii)If analysis shows that the fill will cause a net decrease in flood storage, compensatory <br />storage must be provided per the requirements described in 153.61.(C) below. <br />(C)Requirements for compliance. <br />(1)Fill placed below the 100-year flood elevation must not hydraulically separate one area of the <br />floodplain from another. <br />(2)Demonstration that the placement of fill will not cause a net decrease in storage must be <br />provided by a professional engineer licensed in the State of Minnesota. <br />(3)Compensatory storage must be created prior to or concurrent with the placement of fill. <br />(4)Siting of compensatory storage must follow this priority order: <br />(a)on the same property as the affected floodplain; <br />(b)on properties adjacent to the affected floodplain;