Wild & Scenic Rivers Legislation: Mississippi River Management
6105.0800 DESIGNATION OF RIVER.
That portion of the Mississippi River from the county state aid highway No. 7 bridge at Saint Cloud to the northwestern boundaries of the city of Anoka and the city of Champlin is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
6105.0810 STATUTORY AUTHORITY.
This designation is made by the commissioner of natural resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 104.31 to 104.40.
6105.0820 SCOPE.
The designation and parts 6105.0800 to 6105.0960 apply to the river and the adjacent lands as provided in the land management maps in part 6105.0950, plates 1 to 9 and the property descriptions for the land use districts.
6105.0830 CLASSIFICATION: SCENIC RIVER.
That portion of the Mississippi River and adjacent lands from the county state aid highway No. 7 bridge at Saint Cloud to the county line at the Clearwater River between Stearns and Wright counties, and state highway No. 24 in Sherburne County, is classified as scenic.
6105.0840 CLASSIFICATION: RECREATIONAL.
That portion of the designated river and adjacent lands from the county line at the Clearwater River between Stearns and Wright counties, and state highway No. 24 in Sherburne County, to the northwestern boundaries of the city of Anoka and the city of Champlin is classified as recreational, in accordance with the provision of Minnesota Statutes, section 104.33, subdivision 2, and part 6105.0060.
6105.0850 RECREATION MANAGEMENT.
Subpart 1. Policy. As provided for in the management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the scenic and recreational river land use district. The development of selected land and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts as provided in part 6105.0210, subpart 1.
Subp. 2. Design specifications. As provided for Subp. 2. Design specifications. As provided for in part 6105.0100, subpart 3 and the management plan, the development of public or private recreational facilities within the scenic and recreational river land use districts shall conform to the design specification guidelines as shown on figures 1 to 6 in part 6105.0940.
Subp. 3. Camping. No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to serve the public demand for these.
Subp. 4. Regulated use. The recreational use of the Mississippi scenic and recreational river and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values for which the river qualified for designation.
Subp. 5. Management maps. The commissioner of natural resources adopts the recreation management maps, plates 1 to 9 in part 6105.0960, for the protection, recreational use, and management of public lands or interests in land, for the Mississippi scenic and recreational river and its adjacent lands within the recreational river land use districts.
Subp. 6. Funds. The division of parks and recreation shall allocate funds for maintenance of the Department of Natural Resources' recreational facilities within the Mississippi river land use districts from the department's river development and maintenance account.
Subp. 7. Division of responsibilities. The department's enforcement division shall enter into discussions with the local units of government concerning delineation of responsibility for enforcement of applicable wild, scenic, and recreational river regulations.
Subp. 8. Islands. All islands acquired by or transferred to the Department of Natural Resources, shall be managed in a manner consistent with the policy established in the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes 1974, sections 104.31 to 104.40.
Subp. 9. Wildlife studies. Wildlife studies will be completed, if possible, in cooperation with local groups and individuals before permanently siting any Department of Natural Resources recreational facilities within the Mississippi scenic and recreational river area.
Subp. 10. Volunteers. The assistance of volunteer groups will be encouraged to help in the removal of litter from Department of Natural Resources water access campsites and rest areas.
6105.0860 LAND MANAGEMENT.
Subpart 1. Tributaries. The designated tributaries referred to in parts 6105.0110, subpart 3, item B, subitem (3) and 6105.0120 shall be:
A. Saint Augusta Creek (Johnson Creek on USGS quadrangles);
B. Plum Creek;
C. Clearwater River;
D. Bend Creek (Fish Creek on USGS quadrangles);
E. Silver Creek;
F. Otter Creek;
G. Creek at Otsego;
H. Elk River; and
I. North Fork Crow River.
Subp. 2. Management maps. The commissioner of natural resources hereby adopts the land management maps, plates 1 to 9 in part 6105.0950 to the area identified in the legal description and according to part 6105.0070, subpart 2, item B for the protection and management of lands within the scenic and recreational river land use districts.
A. Parts 6105.0010 to 6105.0250 shall apply to all lands within the scenic and recreational river land use districts that are within unincorporated areas of the counties at the time of designations. Federal lands, however, are not subject to these parts.
B. The land or interests in land recommended to be acquired in this plan will be acquired where funds are available for such purchases, in the manner as provided for in Minnesota Statutes 1974, section 104.37.
C. Portions of the scenic or recreational land use districts which are within the boundaries of municipalities on the date of designation shall be covered by various provisions of parts 6105.0010 to 6105.0250 and parts 6120.2600 to 6120.3900, as specified in part 6105.0870, subparts 5 to 9.
D. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands recommended for scenic easement acquisition may be purchased in fee title. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional lands, or interests in land, may be purchased in order to further the policies established in Minnesota Statutes 1974, section 104.32 and this management plan.
E. Land exchanges will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner described by law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
6105.0870 ADMINISTRATION OF MANAGEMENT PLAN.
Subpart 1. Scope. The land use controls referenced herein shall apply to the entire area within the land use district boundaries as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions and determined in accordance with part 6105.0070, subpart 2, item B. In accordance with the Minnesota wild and scenic rivers act, Minnesota Statutes 1974, section 104.36 each local government shall, within six months of designation of the scenic and recreational river, adopt or amend its local ordinances and land use district maps to the extent necessary to comply with the statewide standards and criteria and the management plan as follows.
Subp. 2. Stearns County. Stearns County shall enact or amend such ordinances and maps as necessary to:
A. establish a scenic river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Stearns County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 3. Sherburne County. Sherburne County shall enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Sherburne County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 4. Wright County. Wright County shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Wright County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 5. Saint Cloud. The municipality of Saint Cloud shall enact or amend such ordinances and maps as necessary to:
A. establish a scenic river land use district as identified on the land management maps, plate 1 in part 6105.0950, subpart 1, and the land use district property descriptions;
B. adopt the general development standards for lands within the scenic river land use district in accordance with the provisions of parts 6120.2600 to 6120.3900 and administer these provisions according to parts 6105.0220 to 6105.0250, as applicable; and
C. conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 6. Clearwater, Monticello, and Elk River. The municipalities of Clearwater, Monticello, and Elk River shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950 and the land use district property descriptions;
B. adopt the general development standards for land within the recreational river land use districts in accordance with the provisions of parts 6120.2600 to 6120.3900, as applicable, except that marinas shall not be allowed; and
C. conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 7. Becker, Dayton, and Ramsey. The municipalities of Becker, Dayton, and Ramsey shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions; and
B. conform to the provisions of parts 6105.0010 to 6105.0250, except that the lot size requirements of part 6120.3300, subpart 2, item A for natural environment waters under the statewide standards and criteria for the management of municipal shoreland areas of Minnesota shall be substituted for the lot size requirements of part 6105.0110, subpart 2, item A, subitem (3).
Subp. 8. Elk River Township. Elk River Township, excluding the presently incorporated city of Elk River, shall be subject to parts 6105.0010 to 6105.0250 until such time as it may be consolidated and incorporated. At that time those regulations required for the city of Elk River (see subpart 6) will apply to the newly incorporated area as well. In addition, the minimum setback for any new structure shall be 100 feet rather than 75 feet.
Subp. 9. Power plants. The Northern States Power Company Sherco and Monticello power plant sites shall be listed in the Sherburne and Wright county ordinances as permitted uses. Northern States Power Company shall work with the Department of Natural Resources in determining the most appropriate location for the development of any structures or related facilities that may be located within the scenic and recreational land use district boundary. Such development shall be consistent with all other provisions of parts 6105.0080 to 6105.0200.
Subp. 10. Land in annexation area. The portion of the land use district which is within the orderly annexation area established by the Minnesota Municipal Board adjacent to the city of Monticello in 1972 legally described in the land use district as Government Lots 1, 2, 3 and 4 of Section 18 and Government Lots 1, 2 and 3 of Section 8, Township 121 N. Range 24 W. of Wright County, shall be governed by the recreational development standards of parts 6120.2600 to 6120.3900. The zoning authority shall also conform to the provisions of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 11. Otsego. The municipality of Otsego shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions;
B. for the recreational river land use district within Sections 10, 11, 13, 14, and 15, Township 121 North, Range 24 West and Sections 7 and 18, Township 121 North, Range 23 West, conform to the provisions of parts 6105.0010 to 6105.0250, except that minimum lot size shall be 2-1/2 acres; and
C. for the recreational river land use district west of State Highway 101 within Sections 14, 23, 26 and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West and for the recreational river land use district west of CSAH 42 in Section 26, Township 121 North, Range 23 West, conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0090; 6105.0100, subparts 1 and 2; Urban river class standards in parts 6120.3100, 6120.3200, and 6120.3300, subpart 2b; 6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to 6105.0250 with the following exceptions to the provisions of these parts:
(1) minimum lot size:
(a) for lots without public sewer, 40,000 square feet;
(b) for riparian lots with public sewer, 20,000 square feet; or
(c) for nonriparian lots with public sewer, 15,000 square feet; and
(2) minimum lot width at the water line and building line:
(a) for lots without public sewer, 150 feet; or
(b) for lots with public sewer, 75 feet; and
(3) minimum structure setback from the ordinary high water level:
(a) for lots without public sewer, 100 feet; or
(b) for lots with public sewer, 75 feet; and
(4) minimum structure setback from the bluff line, 30 feet; and
(5) impervious surface coverage requirements in part 6120.3300, subpart 11, item B, may be varied without a variance if all of the following criteria and standards are met:
(a) all structures and impervious surfaces are located on slopes less than 13 percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation;
(b) the site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollution, erosion, and sedimentation problems consistent with "Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota," Minnesota Pollution Control Agency, October 1989, which is incorporated by reference, is available at the State Law Library, and is not subject to frequent change;
(c) a site development, maintenance, and inspection plan incorporating the comprehensive practices in unit (b) is approved by the local government and implemented; and
(d) a permit is granted by the local government which minimally includes these conditions; and
D. for the recreational river land use district within Sections 10, 14, 15, 16, 17, 23, 25, 26, and 36, Township 121 North, Range 23 West that is not listed in item C, conform to the provisions and administrative procedures listed in item C, except minimum lot size shall be 2-1/2 acres and maximum total lot area covered by impervious surface shall be 25 percent and not subject to variability.
6105.0880 INTERAGENCY RECOMMENDATIONS.
Subpart 1. Federal and state relations. As authorized under Minnesota Statutes 1974, section 161.142, subdivision 4 the commissioner of transportation "...may act as agent for any other department of state, public corporation, or political subdivision of the state in accepting federal aid in their behalf for the purposes expressed in subdivisions 1 to 7." This relates to the planning, acquisition, development, maintenance, and overall administration of the Great River Road. Accordingly, it is recommended that a portion of any federal funds made available to the state of Minnesota for expenditure on the Great River Road be accepted by the commissioner of transportation, on behalf of the Department of Natural Resources, for the purposes of land acquisition related to preservation of areas adjacent to the designated recreational river and the Great River Road.
It is further recommended that any proposed development, acquisition or related action concerning the Great River Road be conducted and administered in accordance with this management plan and the provisions of parts 6105.0010 to 6105.0250.
Since the Department of Natural Resources is responsible for administering the Mississippi as a scenic and recreational river, it is recommended that the state of Minnesota, through the appropriate application process, apply for those islands presently administered by the Bureau of Land Management to be transferred to the Department of Natural Resources under the authority granted the commissioner of natural resources in Minnesota Statutes 1974, section 104.35.
The Department of Natural Resources is presently working in cooperation with the Bureau of Outdoor Recreation, U.S. Department of Interior, on their study of the Mississippi River from Itasca to Anoka for possible inclusion in the national wild and scenic rivers system. This study area includes that portion of the river from Saint Cloud to Anoka hereby designated as a state scenic and recreational river. If the entire federal study area is recommended for inclusion in the national wild and scenic rivers system it is recommended that the portion from Saint Cloud to Anoka continue to be administered by the Department of Natural Resources.
Subp. 2. Other governmental units. Other governmental units:
A. In order to further the purposes of the Minnesota Wild and Scenic Rivers Act, it is recommended that all Department of Transportation lands within the recreational river land use districts be administered in accordance with the provisions of parts 6105.0010 to 6105.0250 and this management plan. In particular, it is stated in part 6105.0100, subpart 3, item C that public accesses within the recreational river land use district will be subject to management plan specifications and will be considered as permitted uses. Also, part 6105.0200, subpart 7 states that highway waysides shall be designed in such a manner so as to harmonize with the surroundings.
B. No Department of Natural Resources corridor trails are proposed in this management plan for the Mississippi scenic or recreational river area. Local residents and landowners may desire specific recreational trails for their area. If so, it is recommended that such trails be developed through the Department of Natural Resources' trail assistance programs. Through the department's trail assistance programs, funds for local trail development and maintenance are made available to local units of government.
C. It is recommended that the Minnesota Department of Transportation, in cooperation with the Department of Natural Resources, Governor's Trail Advisory Committee, counties, municipalities, and other agencies and groups, conduct a study to determine an appropriate route for a bicycle route paralleling the Mississippi River from the Twin Cities to Saint Cloud.
D. To help ensure that the outstanding heritage of the Mississippi River will be protected for future generations, it is recommended that the Minnesota Historical Society conduct an inventory of all historical and archaeological sites within the proposed scenic and recreational river land use districts, and recommend appropriate methods for preservation of those having outstanding historical significance.
E. It is recommended that the Minnesota Pollution Control Agency be appropriated sufficient funds to conduct ongoing analysis and monitoring of water quality information, and to allow for appropriate measures to ensure that water quality regulations and standards be maintained for the Mississippi River.
F. It is recommended that Stearns County and the city of Saint Cloud work with local groups and the Department of Natural Resources to determine the best site for location of an access to the river below the Saint Cloud dam.
6105.0900 LAND MANAGEMENT TOTALS.
6105.0910 LAND USE DISTRICT ACREAGES.
6105.0920 SCENIC EASEMENTS.(proposed)
6105.0930 FEE ACQUISITIONS.(proposed)
STAT AUTH: MS s 104.35 Current as of 11/12/97