1.   A slope that rises at least 25 feet where the grade of the slope averages 18% or greater, measured over a horizontal distance of 25 feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See the figure below; or

         2.   A natural escarpment or cliff with a slope that rises at least 10 feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See the figure below.

         1.   Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under M.S. Chapter 471;

         2.   Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or

         3.   An unplatted cemetery that falls under the provisions of M.S. Chapter 307, in consultation with the Office of the State Archaeologist.

         1.   Electric power lines, cables, pipelines, or conduits that are:

            (a)   Used to transport power between 2 points, as identified and defined under M.S. § 216E.01, Subd. 4; or

            (b)   For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between 2 points; and

         2.   Telecommunication lines, cables, pipelines, or conduits.

      a.   Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Subdivision 3(5); and

      b.   Make written findings that the variance is consistent with the purpose of this Subsection, as follows:

         1.   The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;

         2.   The variance is consistent with the character and management purpose of the MRCCA district in which it is located;

         3.   The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

         4.   The variance is consistent with the requirements of Section 1001.29, Variances.

      a.   Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Subdivision 3(5); and

      b.   Make written findings that the conditional use is consistent with the purpose of this Subsection, as follows:

         1.   The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan;

         2.   The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located;

         3.   The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

         4.   The conditional or interim use is consistent with Section 1001.23, Conditional Use and Interim Use Permits.

      a.   Restoration of vegetation identified as vegetation restoration priorities identified in the MRCCA plan;

      b.   Preservation of existing vegetation;

      c.   Stormwater runoff management;

      d.   Reducing impervious surface;

      e.   Increasing structure setbacks;

      f.   Wetland and drainage route restoration and/or preservation;

      g.   Limiting the height of structures;

      h.   Modifying structure design to limit visual impacts on PRCVs; and

      i.   Other conservation measures.

      a.   A detailed project description; and

      b.   Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe:

         1.   Primary conservation areas;

         2.   Public river corridor views;

         3.   Buildable area;

         4.   Existing and proposed topography and drainage patterns;

         5.   Proposed storm water and erosion and sediment control practices;

         6.   Existing and proposed vegetation to be removed and established;

         7.   Ordinary high water level, blufflines, and all required setbacks;

         8.   Existing and proposed structures;

         9.   Existing and proposed impervious surfaces; and

         10.   Existing and proposed subsurface sewage treatment systems.

      a.   All legally established nonconformities as of the date of this Section may continue consistent with M.S. § 462.357, Subd. 1(e).

      b.   New structures erected in conformance with the setback averaging provisions of Subdivision 6(3) are conforming structures.

      c.   Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements.

      d.   Legally nonconforming principal structures that do not meet the setback requirements of Subdivision 6(3) may be expanded laterally provided that:

         1.   The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (see the figure below); and

         2.   The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development.

      a.    Amendments to this Subsection and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subd. 3, Items B-1.

      b.   Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least 30 days prior to the hearing:

         1.   The Commissioner in a format prescribed by the DNR;

         2.   National Park Service; and

         3.   Where building heights exceed the height limits specified in Subdivision 6(2) as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river.

      c.   Notice of final decisions for actions in Subdivision 3(8), including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within 10 days of the final decision.

      d.   Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C.

      e.   The DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and final plats.

      a.   Comply with Subdivisions 6-12; or

      b.   If Subdivisions 6-12 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided:

         1.   The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and

         2.   Upon expiration of the permit, the ramp or other facilities must be removed.

      a.   Rural and Open Space (ROS).

      b.   River Neighborhood (RN).

      c.   River Towns and Crossings (RTC).

      d.   Separated from River (SR).

         1.   New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL;

         2.   Processing machinery must be located consistent with setback standards for structures as provided in Subdivision 6(3);

         3.   Only 1 barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation;

         4.   New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area;

         5.   A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must:

            (a)   Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters;

            (b)   Explain where staged reclamation may occur at certain points during the life of the site;

            (c)   Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and

            (d)   Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land.

         6.   Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this Section.

         1.   Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in Subdivision 12, must meet the dimensional and performance standards in this Subsection, must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation;

         2.   Shoreline facilities must comply with Minnesota Rules, Chapter 6115 and must:

            (a)   Be designed in a compact fashion so as to minimize the shoreline area affected; and

            (b)   Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served.

         3.   Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.

         1.   The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA;

         2.   The tower must not be located in a bluff or shore impact zone;

         3.   Placement of the tower must minimize impacts on public river corridor views; and

         4.   Comply with the general design standards in Subdivision 8(2).

      a.   Structures and facilities must comply with the following standards unless identified as exempt in Subdivision 12.

         1.   ROS District: 35 feet (or lower).

         2.   RN District: 35 feet (or lower).

         3.   RTC District: 48 feet (or lower), provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimizes interference with public river corridor views. Structures over 48 feet are allowed as a conditional use according to Subdivision 6(2).

         4.   SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore.

      b.   Height is measured on the side of the structure facing the Mississippi River.

      c.   In addition to the conditional use permit requirements of Subdivision 3(4), criteria for considering whether to grant a Conditional Use Permit for structures exceeding the height limits must include:

         1.   Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities;

         2.   Determination that the proposed structure meets the required bluff and OHWL setbacks;

         3.   Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:

            (a)   Placing the long axis of the building perpendicular to the river;

            (b)   Stepping back of portions of the facade;

            (c)   Lowering the roof pitch or use of a flat roof;

            (d)   Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials;

            (e)   Narrowing the profile of upper floors of the building; or

            (f)   Increasing the setbacks of the building from the Mississippi River or blufflines;

         4.   Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and

         5.   Opportunities for creation or enhancement of public river corridor views.

      a.   Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an exemption in Subdivision 12.

      b.   Structures and facilities must comply with the following OHWL setback provisions unless identified as exempt in Subdivision 12.

         1.   ROS District: 200 feet from the Mississippi River.

         2.   RN District: 100 feet from the Mississippi River.

         3.   RTC District: 75 feet from the Mississippi and Crow Rivers.

      c.   Structures and facilities must comply with the following bluffline setback provisions unless identified as exempt in Subdivision 12:

         1.   ROS District: 100 feet.

         2.   RN District: 40 feet.

         3.   RTC District: 40 feet.

         4.   SR District: 40 feet.

      d.   Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure’s scale and bulk riverward or bluffward of the setbacks required under Subdivision 6(3)b and 6(3)c are consistent with adjoining development. See the figure below.

      e.   Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters.

      a.   The width of lots abutting the Mississippi River in the ROS District must be at least 200 feet, unless alternative design methods are used that provide greater protection of the riparian area.

      b.   All new lots must have adequate buildable area to comply with the setback requirements of Subdivision 6 so as to not require variances to use the lots for their intended purpose.

      a.   Be designed to take advantage of natural vegetation and topography so that they are not readily visible, for the river;

      b.   Comply with structure setback requirements according to Subdivision 6(3); and

      c.   Not be placed within the bluff impact zone or shore impact zone, unless exempt under Subdivision 12 and designed consistent with Subdivision 8(2).

      a.   Private access paths must be no more than:

         1.   Eight feet wide, if placed within the shore impact zone; and

         2.   Four feet wide, if placed within the bluff impact zone.

      b.   Private water access ramps must:

         1.   Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and

         2.   Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities.

      c.   Design and construction of private stairways, lifts, and landings are subject to the following standards:

         1.   Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved through variance;

         2.   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet area allowed for commercial properties and residential facilities held in common, if approved through variance;

         3.   Canopies or roofs are prohibited on stairways, lifts, or landings;

         4.   Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and

         5.   Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to Subdivision 7(4)c 1.-4., and as provided under Subdivision 3(9).

      d.   One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with 1 additional water-oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must:

         1.   Not exceed 12 feet in height;

         2.   Not exceed 120 square feet in area; and

         3.   Be placed a minimum of 10 feet from the ordinary high water level.

      a.   The encroachment of the deck or patio into the required setback area does not exceed 15% of the required structure setback;

      b.   The area of the deck or patio that extends into the required setback area occupies no more than 25% of the total area between the required setback and the 15% using the formula: [Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total area]

      c.   The deck or patio does not extend into the bluff impact zone. See the figure below.

      a.   Off-premise advertising signs must:

         1.   Meet required structure placement and height standards in Subdivision 6(2) and 6(3);

         2.   Not be readily visible from the river;

         3.   Must conform to Zoning Code Section 1001.20, Signs.

      b.   Directional signs for patrons arriving at a business by watercraft must comply with the following standards:

         1.   They must be consistent with M.S. § 86B.115;

         2.   Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore impact zone;

         3.   Be no greater than 10 feet in height and 32 square feet in surface area; and

         4.   If illuminated, the lighting must be fully shielded and directed downward to prevent illumination out across the river or to the sky.

   (1)   Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.

      a.   Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;

      b.   Comply with the structure placement and height standards in Subdivision 6, except as provided in Subdivision 12;

      c.   Be consistent with the vegetation management standards in Subdivision 9 and the land alteration and storm water management standards in Subdivision 10, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where applicable;

      d.   Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and

      e.   Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting.

      a.   Vegetation currently in a natural state must be maintained to the extent feasible;

      b.   Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and

      c.   Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use.

      a.   High-voltage transmission lines, wind energy conversion systems greater than 5 megawatts, and pipelines are regulated according to M.S. Chapters 216E, 216F, and 216G respectively;

      b.   If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river and follow other existing right of ways as much as practicable;

      c.   The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color; and

      d.   Wireless communication facilities, according to Subdivision 5(2)f.

      a.   Providing scenic overlooks for motorists, bicyclists, and pedestrians;

      b.   Providing safe pedestrian crossings and facilities along the river corridor;

      c.   Providing access to the riverfront in public ownership; and

      d.   Allowing for use of the land between the river and the transportation facility.

      a.   Buildings and parking associated with public recreational facilities must comply with the structure placement and height standards in Subdivision 6, except as provided in Subdivision 12;

      b.   Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources;

      c.   Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in the DNR Trail Planning, Design, and Development Guidelines:

         1.   Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30%. Natural surface trails are allowed, provided they do not exceed 8 feet in width;

         2.   Trails, paths, and viewing areas must be designed and constructed to minimize:

            (a)   Visibility from the river;

            (b)   Visual impacts on public river corridor views; and

            (c)   Disturbance to and fragmentation of primary conservation areas.

      d.   Public water access facilities must comply with the following requirements:

         1.   Watercraft access ramps must comply with Minnesota Rules Chapters 6115.0210 and 6280.0250; and

         2.   Facilities must be designed and constructed consistent with the standards in the U.S. Fish and Wildlife Service Design Handbook for Recreational Boating and Fishing Facilities.

      e.   Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward; and

      f.   Public stairways, lifts, and landings must be designed as provided in Subdivision 7(4)c.

      a.   Shore impact zones;

      b.   Areas within 50 feet of a wetland or natural drainage route;

      c.   Bluff impact zones;

      d.   Areas of native plant communities;

      e.   Significant existing vegetative stands identified in the MRCCA plan; and

      f.   Section 113.108 Weeds in Dayton City Code.

      a.   Maintenance of existing lawns, landscaping and gardens;

      b.   Removal of vegetation in emergency situations as determined by the City;

      c.   Right-of-way maintenance for public facilities meeting the standards Subdivision 8(3);

      d.   Agricultural and forestry activities meeting the standards of Subdivision 5(2)a and 5(2)c;

      e.   Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of:

         1.   Vegetation that is dead, diseased, dying, or hazardous;

         2.   Vegetation to prevent the spread of diseases or insect pests;

         3.   Individual trees and shrubs; and

         4.   Invasive non-native species.

      a.   Only the following intensive vegetation clearing activities are allowed with a vegetation permit:

         1.   Clearing of vegetation that is dead, diseased, dying, or hazardous;

         2.   Clearing to prevent the spread of diseases or insect pests;

         3.   Clearing to remove invasive non-native species;

         4.   Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City;

         5.   The minimum necessary for development that is allowed with a building permit or as an exemption under Subdivision 12.

         1.   Development is sited to minimize removal of or disturbance to natural vegetation;

         2.   Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer or other qualified licensed professional as determined by the City;

         3.   Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views;

         4.   Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time; and

         5.   Any other condition determined necessary to achieve the purpose of this Section.

      a.   Development of a vegetation restoration plan and reestablishment of natural vegetation is required:

         1.   For any vegetation removed with a permit under Subdivision 9(4)a;

         2.   Upon failure to comply with any provisions in this Section; or

         3.   As part of the planning process for subdivisions as provided in Subdivision 11.

         1.   Vegetation must be restored in 1 or more of the following restoration priority areas:

            (1)   Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;

            (2)   Shoreline areas within 25 feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass;

            (3)   Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or

            (4)   Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist.

         2.   Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines;

         3.   Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density;

         4.   Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that remove the greatest extent practicable;

         5.   For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed;

         6.   Be prepared by a qualified individual; and

         7.   Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for 3 years.

      c.   A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied.

      a.   Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit.

         1.   Erosion control consistent with a plan approved by the local government or resource agency and consistent with Subdivision 10(6);

         2.   The minimum necessary for development that is allowed as an exception under Subdivision 12; and

         3.   Repair and maintenance of existing buildings and facilities.

      b.   Within the water quality impact zone, land alteration that involves more than 10 cubic yards of material or affects an area greater than 1,000 square feet requires a permit.

      a.   Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, part 6115.0215, Subp.4, item E, and 6115.0216, Subp. 2. Work must not proceed until approved by the Commissioner, permitted by the U.S. Army Corps of Engineers, and any other permits are obtained. See the figure below;

      b.   Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of Subdivision 10(6) provided that:

         1.   If the project includes work at or below the OHWL, the Commissioner has already approved or permitted the project;

         2.   The structures are used only to correct an established erosion problem as determined by the City;

         3.   The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem:

            (a)   Retaining walls must not exceed 5 feet in height and must be placed a minimum horizontal distance of 10 feet apart; and

            (b)   Riprap must not exceed the height of the regulatory flood protection elevation.

      c.   Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration;

      a.   In the bluff impact zone, storm water management facilities are prohibited, except by permit if:

         1.   There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;

         2.   The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable;

         3.   The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and

         4.   Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure.

      b.   In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in Subdivision 12, or fully reconstructs existing impervious surface of more than 10,000 square feet requires a stormwater permit. Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least 5 feet wide.

      c.   In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas.

      a.   The development can be accomplished without increasing erosion or storm water runoff;

      b.   The soil types and geology are suitable for the proposed development; and

      c.   Vegetation is managed according to the requirements of Subdivision 9.

      a.   Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual;

      b.   Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation;

      c.   Construction activity is phased when possible;

      d.   All erosion and sediment controls are installed before starting any land disturbance activity;

      e.   Erosion and sediment controls are maintained to ensure effective operation;

      f.   The proposed work is consistent with the vegetation standards in Subdivision 9; and

      g.   Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001.

      a.   Be consistent with M.S. Chapter 103B, and local water management plans completed under M.S. Chapter 8410;

      b.   Meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420; and

      c.   Meet or exceed the floodplain management standards under Minnesota Rules, §§ 6120.5000-6120.6200.

      a.   To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites;

      b.   To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and

      c.   To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans.

      a.   The design standards in this Section apply to subdivisions, planned unit developments and master-planned development and redevelopment of land involving 10 or more acres for contiguous parcels that abut the Mississippi River and 5 or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times:

         1.   Subdivisions;

         2.   Planned unit developments; and

         3.   Master-planned development and redevelopment of land.

      b.   The following activities are exempt from the requirements of this Section:

         1.   Minor subdivisions consisting of 3 or fewer lots;

         2.   Minor boundary line corrections;

         3.   Resolutions of encroachments;

         4.   Additions to existing lots of record;

         5.   Placement of essential services; and

         6.   Activities involving river-dependent commercial and industrial uses.

      a.   Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area:

         1.   CA-ROS District: 50%;

         2.   CA-RN District: 20%;

         3.   CA-RTC Districts: 10%; and

         4.   CA-SR District: 10% if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement.

      b.   If the primary conservation areas exceed the amounts specified in Subdivision 11(4)a, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized.

      c.   If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to Subdivision 9(6)b.

      d.   If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to Subdivision 9(6)b and the area must be set aside and designated as protected open space.

      e.   Stormwater treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions.

      f.   Land dedicated under the City for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement.

      g.   Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.

      a.   Designated open space areas must be protected through 1 or more of the following methods:

         1.   Public acquisition by a government entity for conservation purposes;

         2.   A permanent conservation easement, as provided in M.S. Chapter 84C;

         3.   A deed restriction; and

         4.   Other arrangements that achieve an equivalent degree of protection.

      b.   Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.

      a.   Uses and activities not specifically exempted must comply with this Subsection. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in Subdivisions 9 and 10.

      b.   Uses and activities in Subdivision 12(3) are categorized as:

         1.   Exempt-E. This means that the use or activity is allowed;

         2.   Exempt if no alternative-(E). This means that the use or activity is allowed only if no alternatives exist; and

         3.   Not exempt-N. This means that a use or activity is not exempt and must meet the standards of this Section.

      a.   General uses and activities.

 

 

      b.   Public utilities.

 

 

      c.   Public recreational facilities.

 

      d.   River-dependent uses.

 

 

      e.   Private residential and commercial water access and use facilities.