1.1 	A bill for an act
1.2 	relating to natural resources; providing for alternative shoreland management; 
1.3 	amending Minnesota Statutes 2004, section 103F.205; proposing coding for new 
1.4 	law in Minnesota Statutes, chapter 103F.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 103F.205, is amended to read:
1.7 	103F.205 DEFINITIONS.
1.8 		Subdivision 1.Applicability; distances. The definitions in this section apply to 
1.9 	sections  103F.201 to  103F.225 103F.237. All distances, unless otherwise specified, shall 
1.10 	be measured horizontally. 
1.11 		Subd. 2.Commissioner Access lot. "Commissioner" means the commissioner of 
1.12 	natural resources "Access lot" means a parcel of land that provides access to public waters.
1.13 		Subd. 3.Municipality Accessory structure or facility. "Municipality" means a 
1.14 	statutory or home rule charter city "Accessory structure" or "facility" means any building 
1.15 	or improvement  subordinate to a principal use which, because of the nature of  its use, can 
1.16 	reasonably be located at or at greater than normal  structure setbacks.
1.17 		Subd. 4.Shoreland Bluff. "Shoreland" means land located within the following 
1.18 	distances from the ordinary high water elevation of public waters:
1.19 	(1) land within 1,000 feet from the normal high watermark of a lake, pond, or 
1.20 	flowage; and
1.21 	(2) land within 300 feet of a river or stream or the landward side of a floodplain 
1.22 	delineated by ordinance on the river or stream, whichever is greater.
1.23 	"Bluff" means a topographic feature such as a hill, cliff, or embankment having all 
1.24 	of the following characteristics:
2.1 	(1) part or all of the feature is located in a  shoreland area;
2.2 	(2) the slope rises at least 25 feet above the  ordinary high water level of the water 
2.3 	body;
2.4 	(3) the grade of the slope from the toe of the bluff  to a point 25 feet or more above 
2.5 	the ordinary high water level  averages 30 percent or greater; and   
2.6 	(4) the slope drains toward the water body.
2.7 	An area with an average slope of less than 18 percent over  a distance for 50 feet or more 
2.8 	within the bluff may be exempted from the bluff standards.
2.9 		Subd. 5.Bluff impact zone. "Bluff impact zone" means a bluff and land located 
2.10 	within 30 feet from the top of the bluff.
2.11 		Subd. 6.Boathouse. "Boathouse" means a structure designed and used solely for 
2.12 	the storage of boats or boating equipment.
2.13 		Subd. 7.Buildable area. "Buildable area" means the minimum contiguous area 
2.14 	remaining on a lot or parcel of land after all setback requirements, bluffs, areas with slopes 
2.15 	greater than 25 percent, easements and rights-of-way, historic sites, wetlands, and land 
2.16 	below the ordinary high water level of public waters are subtracted for the purpose of 
2.17 	placement of structures.
2.18 		Subd. 8.Building line. "Building line" means a line parallel to a lot line or the 
2.19 	ordinary high water level at the required setback beyond which a structure may not extend.
2.20 		Subd. 9.Campground. "Campground" means a development that is used 
2.21 	for providing sites for nonpermanent overnight use by campers using tents, trailers, 
2.22 	recreational camping vehicles, or other temporary shelters.
2.23 		Subd. 10.Certificate of survey. "Certificate of survey" means a graphic 
2.24 	representation of the boundary survey of a parcel of real property, along with the 
2.25 	description of the land and the signed certification of a Minnesota licensed land surveyor.
2.26 		Subd. 11.Clustering or clustered. "Clustering" or "clustered" means a 
2.27 	development pattern and technique whereby structures or building sites are arranged in 
2.28 	close proximity to one another in nonlinear groups, adjacent to permanently preserved 
2.29 	common open space, so as to make efficient and visually esthetic use of the natural features 
2.30 	of the landscape and maximize visualization of permanently preserved open space.
2.31 		Subd. 12.Commercial use. "Commercial use" means the principal use of land or 
2.32 	buildings for the sale, lease, rental, or trade of products, goods, and services.
2.33 		Subd. 13.Commissioner. "Commissioner" means the commissioner of natural 
2.34 	resources.
2.35 		Subd. 14.Common interest community. "Common interest community" means 
2.36 	contiguous or noncontiguous real estate that is subject to an instrument which obligates 
3.1 	persons owning a separately described parcel of the real estate, or occupying a part of the 
3.2 	real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to 
3.3 	pay for real estate taxes levied against, insurance premiums payable with respect to, 
3.4 	maintenance of, or construction, maintenance, repair, or replacement of improvements 
3.5 	located on one or more parcels or parts of the real estate other than the parcel or part 
3.6 	that the person owns or occupies.
3.7 		Subd. 15.Common open space. "Common open space" means a portion of a 
3.8 	development site that is permanently set aside for public or private use, is held in common 
3.9 	ownership by all individual owners within the development, and will not be developed. 
3.10 	Common open space includes wetlands, upland recreational areas, wildlife areas, historic 
3.11 	sites, and areas unsuitable for development in their natural state. Common open space is 
3.12 	not the space between buildings of a cluster in a conservation subdivision and planned 
3.13 	unit development and it does not include an area of 25 feet around each structure or any 
3.14 	impervious surface.
3.15 		Subd. 16.Condominium. "Condominium" means a common interest community 
3.16 	in which portions of the real estate are designated as units and the remainder of the real 
3.17 	estate is designated for common ownership.
3.18 		Subd. 17.Conditional use. "Conditional use" has the meaning given in chapter 394.
3.19 		Subd. 18.Conservation subdivision. "Conservation subdivision" means a 
3.20 	method of subdivision characterized by common open space and clustered compact lots, 
3.21 	with the purpose of creating greater community value through open space amenities 
3.22 	for homeowners and protection of natural resources, while allowing for the residential 
3.23 	densities consistent with prevailing densities. Site designs incorporate standards of 
3.24 	low impact development, such as the use of some single-load roadways and narrower 
3.25 	rights-of-way, looped roadways versus cul-de-sacs, maximum road setbacks for 
3.26 	structures, and preservation of trees, shoreline, unique resources, and scenic vistas. These 
3.27 	developments use storm water designs that emphasize on-site retention and infiltration 
3.28 	through the preservation of native vegetation within the shore impact zone, use of pervious 
3.29 	surfaces, rain gardens, and swales.
3.30 		Subd. 19.Conventional subdivision. "Conventional subdivision" means a pattern 
3.31 	of subdivision development that permits the division of land in the standard form where 
3.32 	lots are spread evenly throughout a parcel with little regard for natural features or common 
3.33 	open space as compared to a conservation subdivision where lots are clustered and 
3.34 	common open space is provided.
4.1 		Subd. 20.Cooperative. "Cooperative" means a common interest community in 
4.2 	which the real estate is owned by an association, whose members are entitled by virtue of 
4.3 	the member's ownership interest in the association to a proprietary lease.
4.4 		Subd. 21.Crawl space. "Crawl space" means any areas or rooms with less than 
4.5 	seven feet ceiling height measured to the finished floor or grade below.
4.6 		Subd. 22.Deck. "Deck" means a horizontal, unenclosed  platform with or without 
4.7 	attached railings, seats, trellises, or  other features, attached or functionally related to a 
4.8 	principal  use or site and at any point extending more than three feet  above ground.
4.9 		Subd. 23.Duplex, triplex, or quad. "Duplex," "triplex,"  or "quad" means a 
4.10 	dwelling structure on a single lot, having  two, three, and four units respectively, being 
4.11 	attached by  common walls and each unit equipped with separate sleeping,  cooking, eating, 
4.12 	living, and sanitation facilities.
4.13 		Subd. 24.Dwelling site. "Dwelling site" means a  designated location for residential 
4.14 	use by one or more persons  using temporary or movable shelter, including camping and 
4.15 	recreational vehicle sites.
4.16 		Subd. 25.Dwelling unit. "Dwelling unit" means any  structure or portion of a 
4.17 	structure, or other shelter designed  as short-  or long-term living quarters for one or more 
4.18 	persons,  including rental or timeshare accommodations such as motel,  hotel, and resort 
4.19 	rooms and cabins.
4.20 		Subd. 26.Extractive use. "Extractive use" means the use  of land for surface or 
4.21 	subsurface removal of sand, gravel, rock,  industrial minerals, other nonmetallic minerals, 
4.22 	and peat not  regulated under sections 93.44 to 93.51.
4.23 		Subd. 27.Forest land conversion. "Forest land conversion"  means the clear 
4.24 	cutting of forested lands to prepare for a new  land use other than reestablishment of a 
4.25 	subsequent forest stand.
4.26 		Subd. 28.Guest cottage. "Guest cottage" means a  structure used as a dwelling unit 
4.27 	that may contain sleeping  spaces and kitchen and bathroom facilities in addition to those 
4.28 	provided in the primary dwelling unit on a lot.
4.29 		Subd. 29.Hardship. "Hardship" has the meaning given in section 394.27, 
4.30 	subdivision 7.
4.31 		Subd. 30.Height of building. "Height of building" means  the vertical distance 
4.32 	between the highest adjoining ground level  at the building or ten feet above the lowest 
4.33 	ground level,  whichever is lower, and the highest point of a flat roof or mean height 
4.34 	between the eaves and ridge for a gable, hip, mansard, gambrel, or other pitched or hipped 
4.35 	roof.
5.1 		Subd. 31.Impervious surface. "Impervious surface" means a constructed hard 
5.2 	surface that either prevents or retards the entry of water into the soil and causes water to 
5.3 	run off the surface in greater quantities and at an increased rate of flow than prior to 
5.4 	development. Examples include rooftops, sidewalks, patios, storage areas, and concrete, 
5.5 	asphalt, or gravel driveways.
5.6 		Subd. 32.Industrial use. "Industrial use" means the use  of land or buildings 
5.7 	for the production, manufacture,  warehousing, storage, or transfer of goods, products, 
5.8 	commodities, or other wholesale items.
5.9 		Subd. 33.Intensive vegetation clearing. "Intensive  vegetation clearing" means the 
5.10 	complete removal of trees or  shrubs in a contiguous patch, strip, row, or block.
5.11 		Subd. 34.Lot. "Lot" means a parcel of land designated by  plat, metes and bounds, 
5.12 	registered land survey, auditors plot,  or other accepted means and separated from other 
5.13 	parcels or  portions by said designation for the purpose of sale, lease, or  separation.
5.14 		Subd. 35.Lot width. "Lot width" means the shortest  distance between lot lines 
5.15 	measured at the midpoint of the building line for riparian lots. For nonriparian lots, the 
5.16 	lot width is the shortest distance between side lot lines as measured at the midpoint of 
5.17 	the longest axis of the lot.
5.18 		Subd. 36.Lowest floor. "Lowest floor" means the lowermost floor of the lowest 
5.19 	enclosed area, including basement and crawl space. An unfinished or flood-resistant 
5.20 	enclosure, used solely for parking of vehicles, building access, or storage in an area other 
5.21 	than a basement or crawl space area, is not considered a building's lowest floor.
5.22 		Subd. 37.Major subdivision. "Major subdivision" means any division of a parcel 
5.23 	of land involving the establishment of four or more lots.
5.24 		Subd. 38.Metes and bounds. "Metes and bounds" means a description of real 
5.25 	property which is not described by reference to a lot or block shown on a map or a 
5.26 	recorded plot, but is described by starting at a known point and describing the direction 
5.27 	and length of the lines forming the boundaries of the property.
5.28 		Subd. 39.Minor subdivision. "Minor subdivision" means the division of a tract of 
5.29 	land into two or three lots or the relocation of the boundary line between two abutting 
5.30 	metes and bounds parcels of property, provided such relocation does not cause the creation 
5.31 	of an additional parcel or parcels and the resulting parcels comply with all lot dimensional 
5.32 	standards.
5.33 		Subd. 40.Municipality. "Municipality" means a statutory or home rule charter city.
5.34 		Subd. 41.Nonconformity. "Nonconformity" has the meaning given in chapter 394.
5.35 		Subd. 42.Ordinary high water level. "Ordinary high water  level" means the 
5.36 	boundary of public waters and wetlands and is an elevation delineating the highest water 
6.1 	level which  has been maintained for a sufficient period of time to leave  evidence upon the 
6.2 	landscape, commonly that point where the  natural vegetation changes from predominantly 
6.3 	aquatic to  predominantly terrestrial.  For watercourses, the ordinary high water level is the 
6.4 	elevation of the top of the bank of the  channel.  For reservoirs and flowages, the ordinary 
6.5 	high water  level is the operating elevation of the normal summer pool.
6.6 		Subd. 43.Planned unit development. "Planned unit  development" means a 
6.7 	method of land use or development characterized by a  unified site design for a number 
6.8 	of dwelling units or dwelling  sites on a parcel, whether for sale, rent, or lease, and that 
6.9 	incorporates clustering of these units or sites to provide  areas of common open space and a 
6.10 	mix of  structure types and land uses.  These developments may be  organized and operated 
6.11 	as residential or commercial enterprises, such as individual dwelling units, townhouses, 
6.12 	condominiums, time-share condominiums,  cooperatives, common interest communities, 
6.13 	shared-interest communities, apartment buildings, nonresort campgrounds and youth 
6.14 	camps, recreational vehicle parks, manufactured home parks, hotels, motels, or any 
6.15 	combination of these. Planned unit development includes any conversion of preexisting 
6.16 	structures and land uses in order to utilize this method of development.
6.17 		Subd. 44.Plat. "Plat" means a map or drawing, conforming to chapter 505, which 
6.18 	graphically delineates the boundaries and dimensions of land parcels for the purpose of 
6.19 	identification and record or title.
6.20 		Subd. 45.Platform. "Platform" means a horizontal, unenclosed structure with or 
6.21 	without attached railings, seats, trellises, or other features, attached or functionally related 
6.22 	to a principal use or site and at any point extending less than three feet above ground.
6.23 		Subd. 46.Public waters. "Public waters" means public waters or public waters 
6.24 	wetlands as defined under section 103G.005, subdivisions  15 and 15a, except no lake, 
6.25 	pond, or flowage of less than ten  acres in size in municipalities or 25 acres in size in 
6.26 	unincorporated areas need be regulated for the purposes of sections 103F.205 to 103F.237. 
6.27 	A body of water created by a private  user where there was no previous shoreland may, at 
6.28 	the discretion of the local government, be exempted from sections 103F.205 to 103F.237. 
6.29 	The official determination of the size and physical limits of drainage areas of rivers and 
6.30 	streams shall be made by the  commissioner.
6.31 		Subd. 47.Recreation use area. "Recreation use area" means the area allowed 
6.32 	within the shore impact zone for residential lots, conservation subdivisions, planned unit 
6.33 	developments, and new resorts.
6.34 		Subd. 48.Residential lot suitable area. "Residential lot suitable area" means 
6.35 	the minimum area on a residential lot or parcel of land that is the sum of the buildable 
7.1 	area and the sewage treatment system suitable area for unsewered areas or the buildable 
7.2 	area in sewered areas.
7.3 		Subd. 49.Resort. "Resort" means a commercial establishment, that includes 
7.4 	buildings, campgrounds, lodges, structures, dwelling units or sites, enclosures, or any 
7.5 	part thereof kept, used, maintained, or advertised as or held out to the public to be a 
7.6 	place where sleeping accommodations are furnished to the public and primarily to those 
7.7 	seeking recreation, for periods of one day, one week, or longer, and having for rent 
7.8 	three or more cabins, rooms, campsites, or enclosures. These establishments must be 
7.9 	primarily service-oriented for transient lodging of guests. All cabins, rooms, dwelling 
7.10 	units or sites, or enclosures must be included in the resort rental business. Resorts allow 
7.11 	no residential use of a dwelling unit or site for more than 30 days within a calendar year, 
7.12 	except dwellings used as residences for the service providers or dwelling units or sites for 
7.13 	renters. To qualify as a resort under this subdivision, a resort must be fully licensed and 
7.14 	permitted under appropriate state and local regulations. The entire parcel of land must be 
7.15 	controlled and managed by the licensee.
7.16 		Subd. 50.Secondary shoreline buffer zone. "Secondary shoreline buffer zone" 
7.17 	means the land located between the shore impact zone and the structure setback.
7.18 		Subd. 51.Semipublic use. "Semipublic use" means the use  of land by a private, 
7.19 	nonprofit organization to provide a public  service that is ordinarily open to some persons 
7.20 	outside the  regular constituency of the organization.
7.21 		Subd. 52.Sensitive resource management. "Sensitive  resource management" 
7.22 	means the preservation and management of  areas unsuitable for development in their 
7.23 	natural state due to  constraints such as shallow soils over groundwater or bedrock,  highly 
7.24 	erosive or expansive soils, steep slopes, susceptibility  to flooding, or occurrence of flora or 
7.25 	fauna in need of special  protection.
7.26 		Subd. 53.Setback. "Setback" means the minimum horizontal  distance between 
7.27 	a structure, sewage treatment system, or other facility and an ordinary high water level; 
7.28 	a sewage treatment system; the top of a bluff; a natural resource feature, for example 
7.29 	wetlands or heritage elements; a road or highway; a property line; or other facility.
7.30 		Subd. 54.Sewage treatment system. "Sewage treatment  system" means a septic 
7.31 	tank and soil absorption system or other  individual or cluster type sewage treatment 
7.32 	system as described  and regulated in Minnesota Rules, chapter 7080.
7.33 		Subd. 55.Sewage treatment system suitable area. "Sewage treatment system 
7.34 	suitable area" means the area meeting or exceeding the site requirements of Minnesota 
7.35 	Rules, chapter 7080, for the purpose of soil treatment or drainfield areas and future 
7.36 	additional sites.
8.1 		Subd. 56.Sewer system. "Sewer system" means pipelines  or conduits, pumping 
8.2 	stations, force mains, and all other constructions, devices, appliances, or appurtenances 
8.3 	used for conducting sewage or industrial waste or other wastes to a point  of ultimate 
8.4 	disposal.
8.5 		Subd. 57.Shared-interest community. "Shared-interest community" means 
8.6 	real estate that is subject to an instrument which obligates persons owning a separately 
8.7 	described parcel of the real estate and occupying a part of the real estate pursuant 
8.8 	to a proprietary lease or covenant for residential use for more than 30 days within 
8.9 	a year, by reason of their ownership or occupancy, to pay for real estate taxes levied 
8.10 	against, insurance premiums payable with respect to, maintenance of, or construction, 
8.11 	maintenance, repair, or replacement of improvements located on one or more parcels or 
8.12 	parts of the real estate other than the parcel or part that the person owns or occupies.
8.13 		Subd. 58.Shore impact zone. "Shore impact zone" means  land located between 
8.14 	the ordinary high water level of a public  water and a line parallel to it at a setback of 
8.15 	50 percent of  the structure setback, but not less than 50 feet. This area serves as the 
8.16 	primary shoreline buffer.
8.17 		Subd. 59.Shoreland. "Shoreland" means land located within the following 
8.18 	distances from public waters:
8.19 	(1) 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
8.20 	(2) 300 feet from a river or stream or the landward extent of a floodplain designated 
8.21 	by ordinance on a river or stream, whichever is greater.
8.22 	The limits of shorelands may be reduced whenever the waters involved are bounded by 
8.23 	topographic divides that extend landward from the waters for lesser distances and when 
8.24 	approved by the commissioner.
8.25 		Subd. 60.Significant historic site. "Significant  historic site" means any 
8.26 	archaeological site, standing  structure, or other property that meets the criteria for 
8.27 	eligibility to the National Register of Historic Places, is listed in the State Register of 
8.28 	Historic Sites, or is determined  to be an unplatted cemetery that falls under the provisions 
8.29 	of  section 307.08.  A historic site meets these  criteria if it is presently listed on either 
8.30 	register or if it  is determined to meet the qualifications for listing after review by the 
8.31 	Minnesota state archaeologist or the director of  the Minnesota Historical Society.  All 
8.32 	unplatted cemeteries are  automatically considered to be significant historic sites.
8.33 		Subd. 61.Steep slope. "Steep slope" means land where  agricultural activity or 
8.34 	development is either not recommended  or described as poorly suited due to slope 
8.35 	steepness and the  site's soil characteristics, as mapped and described in  available county 
8.36 	soil surveys or other technical reports, unless  appropriate design and construction 
9.1 	techniques and farming  practices are used according to sections 103F.205 to 103F.237. 
9.2 	Where specific information is not available, steep  slopes are lands having average slopes 
9.3 	over 12 percent, as  measured over horizontal distances of 50 feet or more, that are  not 
9.4 	bluffs.
9.5 		Subd. 62.Structure. "Structure" means any building or  appurtenance, including 
9.6 	decks, platforms, carports, and roof overhangs, except aerial or underground  utility lines, 
9.7 	such as sewer, electric, telephone, telegraph, and gas lines, towers, poles, and other 
9.8 	supporting facilities.
9.9 		Subd. 63.Subdivision. "Subdivision" means land that is  divided for the purpose of 
9.10 	sale, rent, or lease, including  planned unit development.
9.11 		Subd. 64.Suitable area. "Suitable area" means the area remaining on a lot or 
9.12 	parcel of land after bluffs, areas with slopes greater than 25 percent, easements and 
9.13 	rights-of-way, historic sites, wetlands, land below the ordinary high water level of public 
9.14 	waters, and setback requirements, except the ordinary high water level structure setback, 
9.15 	are subtracted.
9.16 		Subd. 65.Surface water-oriented commercial use. "Surface water-oriented 
9.17 	commercial use" means the use of land  for commercial purposes, where access to and use 
9.18 	of a surface  water feature is an integral part of the normal conduct of business. Marinas, 
9.19 	resorts, and restaurants with transient  docking facilities are examples of such use.
9.20 		Subd. 66.Toe of the bluff. "Toe of the bluff" means the  lower point of a 50-foot 
9.21 	segment with an average slope exceeding  18 percent.
9.22 		Subd. 67.Top of the bluff. "Top of the bluff" means the  higher point of a 50-foot 
9.23 	segment with an average slope  exceeding 18 percent.
9.24 		Subd. 68.Variance. "Variance" has the meaning given in chapter 394.
9.25 		Subd. 69.Water-oriented accessory structure or facility. "Water-oriented 
9.26 	accessory structure or facility" means a small building or other improvement, except a 
9.27 	stairway,  fence, dock, or retaining wall, which, because of the relationship of its use to 
9.28 	a surface water feature, reasonably  needs to be located closer to public waters than the 
9.29 	normal  structure setback.  Examples of such structures and facilities include boathouses, 
9.30 	gazebos, screen houses, fish houses, pump  houses, and detached decks and platforms.
9.31 		Subd. 70.Wetland. "Wetland" has the meaning given under section 103G.005, 
9.32 	subdivision 19. 
9.33 		Subd. 71.Youth camp. "Youth camp" means an establishment organized, 
9.34 	developed, managed, and operated under supervision for the primary purpose of education, 
9.35 	recreation, health, or similar purpose for young persons less than 21 years of age. These 
9.36 	establishments must be primarily service-oriented for transient lodging of youth.

10.1 	Sec. 2. [103F.227] ALTERNATIVE STANDARDS.
10.2 	The alternative shoreland management standards established by the commissioner 
10.3 	shall be optional for local units of government. Local government empowered to adopt 
10.4 	and enforce land use regulations, including townships that meet the standards in section 
10.5 	103F.237, subdivision 5, shall have the option to adopt any or all of these alternative 
10.6 	shoreland management rules pursuant to the authority of Minnesota Rules, part 6120.2800, 
10.7 	subpart 3. The adoption of these alternative shoreland management standards by a local 
10.8 	government does not relieve the responsibility of the local government of complying with 
10.9 	the provisions of Minnesota Rules, part 6120.2800.

10.10 	Sec. 3. [103F.228] SHORELAND MANAGEMENT CLASSIFICATION 
10.11 	SYSTEM.
10.12 		Subdivision 1.Criteria. The commissioner shall classify public waters according 
10.13 	to the following criteria:
10.14 	(1) size and shape;
10.15 	(2) amount and type of development at the time of the original classification;
10.16 	(3) road and service center accessibility at the time of the original classification;
10.17 	(4) existing natural characteristics of the waters and shorelands;
10.18 	(5) state, regional, and local plans and management programs;
10.19 	(6) existing land use restrictions;
10.20 	(7) presence of significant historic sites;
10.21 	(8) amount and type of publicly owned shoreland;
10.22 	(9) presence of unique, endangered, or protected flora or fauna; and 
10.23 	(10) existing soil character and geomorphology of the shorelands.
10.24 		Subd. 2.Classes. (a) The classes of public waters are special protection lakes, 
10.25 	natural environment lakes, recreational development lakes,  general development lakes, 
10.26 	remote river segments, forested river  segments, transition river segments, agricultural 
10.27 	river  segments, urban river segments, and tributary river segments.   All of the river classes 
10.28 	except tributary consist of watercourses that have been identified as being recreationally 
10.29 	significant on a statewide basis.  The tributary class consists  of all other watercourses 
10.30 	identified in the protected waters  inventory.  General descriptions of each class are found 
10.31 	in paragraphs (b) to (k).
10.32 	(b) Special protection lakes are unique sensitive water bodies such as shallow 
10.33 	or landlocked lakes that support or have supported significant aquatic plant, fish, or 
10.34 	wildlife populations. There are numerous constraints to development, such as hydric 
10.35 	soils or erodible land. Rare, endangered, or special concern species may use the lake or 
11.1 	surrounding shorelands. These lakes currently have low to moderate development and are 
11.2 	especially vulnerable to the consequences of development.
11.3 	(c) Natural environment lakes are generally small,  often shallow lakes with limited 
11.4 	capacities for assimilating the  impacts of development and recreational use.  They often 
11.5 	have  adjacent lands with substantial constraints for development such  as high water tables, 
11.6 	exposed bedrock, and unsuitable soils.
11.7 	(d) Recreational development lakes are generally  medium-sized lakes of varying 
11.8 	depths and shapes with a variety  of landform, soil, and groundwater situations on the lands 
11.9 	around them.  At the time of the original classification, they often were characterized by 
11.10 	moderate levels of  recreational use and existing development and development consisted 
11.11 	mainly of seasonal and year-round residences and  recreationally oriented commercial uses.
11.12 	(e) General development lakes are generally large,  deep lakes or lakes of varying 
11.13 	sizes and depths with high levels  and mixes of existing development at the time of the 
11.14 	original classification.  These lakes often are extensively used for recreation and are heavily 
11.15 	developed around the shore.  Second and third  tiers of development are fairly common. 
11.16 	The larger examples in  this class can accommodate additional development and use.
11.17 	(f) Remote river segments are primarily located in  roadless, forested, 
11.18 	sparsely-populated areas of the northeastern  part of the state.  Common land uses include 
11.19 	multiple-use  forestry, some recreation facilities, and occasional seasonal or  year-round 
11.20 	residential. Low intensity recreational uses of  these river segments and adjacent lands are 
11.21 	common. This class  has limited potential for additional development and  recreational use 
11.22 	due to land suitability and road access  constraints.
11.23 	(g) Forested river segments are located in forested,  sparsely to moderately populated 
11.24 	areas with some roads in the  north-central part of the state.  Predominant land uses 
11.25 	include  multiple-use forestry, some recreation facilities, seasonal  residential, and, within 
11.26 	commuting distances of several cities,  some year-round residential.  Low-intensity 
11.27 	recreational uses of  these rivers and adjacent lands are common.  This class has  substantial 
11.28 	potential for additional development and  recreational use.
11.29 	(h) Transition river segments are generally either  located within the Minnesota and 
11.30 	Mississippi River valleys, or  within the middle reaches of several rivers in all regions 
11.31 	except the north-central and northeast.  Common land uses  include forested within riparian 
11.32 	strips and mixtures of  cultivated, pasture, and forested beyond.  Some seasonal and 
11.33 	year-round residential development exists, particularly within  commuting distance of 
11.34 	major cities.  The types and intensities  of recreational uses within this class vary widely.
11.35 	(i) Agricultural river segments are located in  well-roaded, intensively cultivated 
11.36 	areas of the western and  southern regions of the state.  Cultivated crops are the  predominant 
12.1 	land use, with some pasture and occasional feedlots,  small municipalities, and small 
12.2 	forested areas.  Residential  development is not common, but some year-round residential 
12.3 	use  is occurring within commuting distances of major cities.  Some  intensive recreational 
12.4 	use occurs on these river segments in  particular areas, but overall recreational use of these 
12.5 	waters  and adjacent lands is low.  Although potential exists for  additional development 
12.6 	and recreation, water quality constraints  and competing land uses, particularly agriculture, 
12.7 	will inhibit  expansions.
12.8 	(j) Urban river segments are located within or  adjacent to major cities throughout 
12.9 	the state.  A variety of  residential and other urban land uses exists within these  segments. 
12.10 	Recreational uses of these segments and adjacent  lands are common, but vary widely in 
12.11 	types and intensities.   These segments have potential for additional development, for 
12.12 	redevelopment, and for additional recreational use, although  recreational use on some of 
12.13 	these segments competes with  commercial river traffic.
12.14 	(k) Tributary river segments consist of watercourses  mapped in the Protected Waters 
12.15 	Inventory that have not been  assigned one of the river classes in paragraphs (f) to (j). 
12.16 	These segments have a wide variety of existing land and recreational  use characteristics. 
12.17 	The segments have considerable potential  for additional development and recreational 
12.18 	use, particularly  those located near roads and cities.
12.19 		Subd. 3.Supporting data. Supporting data for shoreland  management 
12.20 	classifications is supplied by the records and files  of the Department of Natural 
12.21 	Resources, including maps, lists,  and other products of the Protected Waters Inventory; 
12.22 	data and  publications of the Shoreland Update Project; the Minnesota  Department of 
12.23 	Natural Resources Statewide Outstanding Rivers  Inventory; Bulletin No. 25 (1968); 
12.24 	and Supplementary Report No.  1 - Shoreland Management Classification System for 
12.25 	Public Waters  (1976) of the Division of Waters, Minnesota's Lakeshore, part 2, Statistical 
12.26 	Summary, Department of Geography, University of  Minnesota; and additional supporting 
12.27 	data may be supplied, as  needed, by the commissioner. 
12.28 		Subd. 4.Classification procedures. Public waters shall  be classified by the 
12.29 	commissioner.  The commissioner shall  document each classification with appropriate 
12.30 	supporting data.   A preliminary list of classified public waters shall be  submitted to 
12.31 	each affected local government.  Each affected  local government shall be given an 
12.32 	opportunity to request a  change in the proposed classification.  If a local government 
12.33 	feels such a change is needed, a written request with supporting  data may be submitted 
12.34 	to the commissioner for consideration.  If  a local government requests a change in a 
12.35 	proposed shoreland management classification and the public water is located  partially 
12.36 	within the jurisdiction of another governmental unit,  the commissioner shall review 
13.1 	the recommendations of the other  governmental units before making a final decision 
13.2 	on the  proposed change. All public waters that are not classified default to the natural 
13.3 	environment class until such time as they are classified by the commissioner.
13.4 		Subd. 5.Reclassification. The commissioner may, as the  need arises, reclassify 
13.5 	any public water to a more restrictive class.  Also, any local  government may at any 
13.6 	time submit a resolution and supporting data requesting a change to a more restrictive 
13.7 	classification of waters within its jurisdiction to the  commissioner for consideration.
13.8 		Subd. 6.Modification and expansion of system. The  commissioner may, as the 
13.9 	need arises, modify or expand the  shoreland classification system to provide specialized 
13.10 	shoreland  management standards based upon unique characteristics and  capabilities of 
13.11 	any public waters.
13.12 		Subd. 7.Multiple shoreland management classifications. (a) The commissioner 
13.13 	may, upon receipt of a resolution under subdivision 5, apply multiple shoreland 
13.14 	management classifications on a public water. Where the commissioner has received such 
13.15 	a resolution, the following policies and criteria shall be used in approving any request for 
13.16 	multiple shoreland management classifications on a single public water:
13.17 	(1) for those lakes with regular natural shoreline configurations, possessing few 
13.18 	or no bays, arms, islands, peninsulas, or points, no multiple shoreland management 
13.19 	classifications shall be applied;
13.20 	(2) for lakes with irregular natural shoreline configurations, possessing two or more 
13.21 	bays, arms, islands, peninsulas, or points, or lakes that have been artificially segmented by 
13.22 	roadways, railways, bridges, or levees, the commissioner may assign multiple shoreland 
13.23 	management classifications to clearly defined portions of the shoreland area consistent 
13.24 	with the classification criteria and procedures set forth in subdivisions 1 to 4;
13.25 	(3) in no case shall the commissioner apply multiple shoreland management 
13.26 	classifications on a lake with a total water surface acreage less than or equal to 250 acres or 
13.27 	on a single embayment with a total water surface acreage less than or equal to five acres;
13.28 	(4) reservoirs on rivers and streams assigned a shoreland management classification 
13.29 	may also be eligible for the application of multiple shoreland management classifications, 
13.30 	provided they meet all of the criteria set forth in clauses (1) to (3); and 
13.31 	(5) where comprehensive lake management plans or local water plans are completed 
13.32 	and approved.
13.33 	(b) Local governments are encouraged to hold public discussions with the 
13.34 	commissioner or the commissioner's designated representatives and other natural resource 
13.35 	management agencies prior to creation of a resolution, so that through a participatory 
13.36 	process all parties understand the reclassification.

14.1 	Sec. 4. [103F.229] LAND USE DISTRICTS.
14.2 	The development of shorelands of public waters must be  controlled by means of 
14.3 	land use zoning districts which are  designated to be compatible with the classes of public 
14.4 	waters in  section 103F.228.  Land use zoning districts may be established to  provide for:
14.5 	(1) the management of areas unsuitable for development  due to wet soils, steep 
14.6 	slopes, flooding, inadequate drainage,  severe erosion potential, presence of significant 
14.7 	historic  sites, or any other feature likely to be harmful to the health,  safety, or welfare of 
14.8 	the residents of the community;
14.9 	(2) the reservation of areas suitable for residential  development from encroachment 
14.10 	by commercial and industrial uses;
14.11 	(3) the centralization of service facilities for  residential areas and enhancement of 
14.12 	economic growth for those  areas suitable for limited commercial development;
14.13 	(4) the management of areas for commercial or  industrial uses which, by their 
14.14 	nature, require location in  shoreland areas; 
14.15 	(5) the protection of valuable agricultural lands from  conversion to other uses; and 
14.16 	(6) the preservation and enhancement of the quality of  water-based recreational use 
14.17 	of public waters including  nonmotorized recreational use of public waters and provisions 
14.18 	for public accesses.

14.19 	Sec. 5. [103F.230] CRITERIA FOR LAND USE ZONING DISTRICT 
14.20 	DESIGNATION.
14.21 		Subdivision 1.Criteria. The land use zoning districts established by local 
14.22 	governments must be based on considerations of:
14.23 	(1) preservation of natural areas;
14.24 	(2) present ownership and development of shoreland areas;
14.25 	(3) shoreland soil types and their engineering capabilities;
14.26 	(4) topographic characteristics;
14.27 	(5) vegetative cover;
14.28 	(6) in-water physical characteristics, values, and constraints;
14.29 	(7) recreational use of the surface water;
14.30 	(8) road and service center accessibility;
14.31 	(9) socioeconomic development needs and plans as they involve water and related 
14.32 	land resources;
14.33 	(10) the land requirements of industry which, by its nature, requires location in 
14.34 	shoreland areas;
15.1 	(11) the necessity to preserve and restore certain areas having significant historical 
15.2 	or ecological value;
15.3 	(12) comprehensive lake management plans, if completed and approved; and
15.4 	(13) approved local water plans.
15.5 		Subd. 2.Designation of zoning districts. Local  governments with adopted land 
15.6 	use zoning districts in effect on  the effective date of sections 103F.227 to 103F.237 may 
15.7 	continue to use the districts until revisions are proposed.   When amendments to zoning 
15.8 	districts on lakes are considered,  local governments, at least for all the shoreland within 
15.9 	the  community of the public water involved and preferably for all  shoreland areas within 
15.10 	the community, must revise existing  zoning district and use provisions to make them 
15.11 	substantially compatible with the framework in subdivision 4. On a river, zoning  districts 
15.12 	and use provisions for all shoreland on both sides  within the same class in the community 
15.13 	must be revised to make them substantially compatible with the framework in subdivision 
15.14 	5.   If the same river class is contiguous for more than a five-mile segment, only the 
15.15 	shoreland for a distance of 2.5 miles up and  down stream or to the class boundary, if 
15.16 	closer, need be evaluated.  When an interpretation question arises about whether  a specific 
15.17 	land use fits within a category in subdivision 4 or 5,  the question must be resolved through 
15.18 	procedures in local  government official controls and state statutes.
15.19 		Subd. 3.Land use district descriptions. Land use  district descriptions are as 
15.20 	follows:   
15.21 	(a) A sensitive area district is intended to be  used for two basic purposes.  The first 
15.22 	purpose is to limit and  properly manage development in areas that are generally unsuitable 
15.23 	for development or uses due to flooding, erosion,  limiting soil conditions, steep slopes, 
15.24 	or other major physical  constraints.  A second purpose is to manage and preserve areas 
15.25 	with special historical, natural, or biological characteristics. Criteria for establishing 
15.26 	sensitive area districts may include vulnerable or nutrient-susceptible bays, areas adjacent 
15.27 	to inlets and outlets, and areas with broad and extensive littoral zones or wetland fringes. 
15.28 	Generally, a sensitive area district shall exceed 500 feet of shoreline length.
15.29 	(b) A residential district is primarily intended to  allow low to medium density 
15.30 	seasonal and year-round residential  uses on lands suitable for such uses.  It is also intended 
15.31 	to  prevent establishment of various commercial, industrial, and  other uses in these areas 
15.32 	that cause conflicts or problems for  residential uses.  Some nonresidential uses with 
15.33 	minimal impacts  on residential uses are allowed if properly managed under  conditional 
15.34 	use procedures.
16.1 	 (c) A water-oriented commercial district is intended  to be used only to provide 
16.2 	for existing or future commercial  uses adjacent to water resources that are functionally 
16.3 	dependent  on such close proximity.
16.4 	(d) A general use district is intended to be used only  for lands already developed or 
16.5 	suitable for development with  concentrated urban, particularly commercial, land uses.  It 
16.6 	should not generally be used on special protection lakes, natural environment lakes and 
16.7 	shorelands, or  remote river classes.  Several other intensive urban uses such  as industrial 
16.8 	and resort developments may be  allowed in this district if handled as conditional uses.
16.9 		Subd. 4.Shoreland classifications and uses; lakes. For the lake classes, districts, 
16.10 	and uses in this subdivision, "P" means permitted uses, "C" means conditional uses, and 
16.11 	"N" means prohibited uses.
16.12 	(a) Lakes classes in sensitive area districts.

16.13
16.14	Uses
	General development
	Recreational 
development
	Natural environment
	
16.15	Forest management
	P
	P
	P
	
16.16
16.17	Sensitive resource 
management
	P
	P
	P
	
16.18
16.19	Agricultural: 
cropland and pasture
	P
	P
	P
	
16.20	New animal feedlots*
	N
	N
	N
	
16.21
16.22	Parks and historic 
sites
	C
	C
	C
	
16.23	Extractive use
	C
	C
	C
	
16.24	Single residential
	C
	C
	C
	
16.25
16.26	Conventional 
subdivisions
	C
	C
	C
	
16.27
16.28	Planned unit 
developments
	C
	C
	C
	
16.29
16.30	Conservation 
subdivisions
	C
	C
	C
	
16.31
16.32	Mining of metallic 
minerals and peat
	P
	P
	P
	
17.1 	* Expansions to existing animal feedlots with shoreland areas must be reviewed as 
17.2 	conditional uses and must meet the standards of Minnesota Rules, chapter 7020.
17.3 	(b) Lake classes in residential districts.

17.4
17.5	Uses
	General 
development
	Recreational 
development
	Natural 
environment
	Special 
protection
	
17.6
17.7	Single 
residential
	P
	P
	P
	C
	
17.8
17.9	Conventional 
subdivisions
	C
	C
	C
	N
	
17.10
17.11	Planned unit 
developments
	P
	P
	P
	C
	
17.12
17.13	Conservation 
subdivisions
	P
	P
	P
	C
	
17.14	Semipublic
	C
	C
	C
	C
	
17.15
17.16	Parks and 
historic sites
	C
	C
	C
	C
	
17.17	Extractive use
	C
	C
	C
	N
	
17.18
17.19	Duplex, triplex, 
quad residential
	P
	P
	C
	N
	
17.20
17.21	Forest 
management
	P
	P
	P
	P
	
17.22
17.23
17.24	Mining of 
metallic minerals 
and peat
	P
	P
	P
	P
	
17.25 	(c) Lakes classes in water-oriented commercial districts.

17.26
17.27	Uses
	General 
development
	Recreational 
development
	Natural 
environment
	Special 
protection
	
17.28
17.29
17.30	Surface 
water-oriented 
commercial
	P
	P
	C
	N
	
17.31	New resorts
	C
	C
	N
	N
	
18.1
18.2
18.3	Replacement of 
cabins within 
existing resorts
	P
	P
	P
	P
	
18.4
18.5	Expansions of 
resorts**
	P
	P
	P
	P
	
18.6
18.7	Public, 
semipublic
	C
	C
	C
	C
	
18.8
18.9	Parks and 
historic sites
	C
	C
	C
	C
	
18.10
18.11	Forest 
management
	P
	P
	P
	P
	
18.12 	** Expansions of resorts that result in more than 20 dwelling units require a 
18.13 	conditional use permit.
18.14 	(d) Lake classes in general use districts.

18.15
18.16	Uses
	General 
development
	Recreational 
development
	Natural 
environment
	Special 
protection
	
18.17	Commercial
	P
	P
	C
	N
	
18.18	New resort
	C
	C
	N
	N
	
18.19
18.20
18.21	Replacement of 
cabins within 
existing resorts
	P
	P
	P
	P
	
18.22
18.23	Expansions of 
resorts***
	P
	P
	P
	P
	
18.24	Industrial
	C
	C
	N
	N
	
18.25
18.26	Public, 
semipublic
	P
	P
	C
	C
	
18.27	Extractive use
	C
	C
	C
	N
	
18.28
18.29	Parks and 
historic sites
	C
	C
	C
	C
	
19.1
19.2	Forest 
management
	P
	P
	P
	P
	
19.3
19.4
19.5	Mining of 
metallic minerals 
and peat
	P
	P
	P
	P
	
19.6 	*** Expansions of resorts that result in more than 20 dwelling units require a 
19.7 	conditional use permit.
19.8 		Subd. 5.Shoreland classifications and uses; rivers. For the river classes, districts, 
19.9 	and uses in this subdivision, "P" means permitted uses, "C" means conditional uses, and 
19.10 	"N" means prohibited uses.
19.11 	(a) River classes in sensitive area districts.

19.12	Uses
	Remote
	Forested
	Transitional
	Agricultural
	Urban
	Tributary
	
19.13
19.14	Forest 
management
	P
	P
	P
	P
	P
	P
	
19.15
19.16
19.17	Sensitive 
resource 
management
	P
	P
	P
	P
	P
	P
	
19.18
19.19
19.20	Agricultural: 
cropland 
and pasture
	P
	P
	P
	P
	P
	P
	
19.21
19.22	New animal 
feedlots*
	N
	N
	N
	N
	N
	N
	
19.23
19.24
19.25	Parks and 
historic 
sites
	C
	C
	C
	C
	C
	C
	
19.26
19.27	Extractive 
use
	C
	C
	C
	C
	C
	C
	
19.28
19.29	Single 
residential
	C
	C
	C
	C
	C
	C
	
19.30
19.31
19.32
19.33	Mining of 
metallic 
minerals 
and peat
	P
	P
	P
	P
	P
	P
	
20.1 	* Expansions to existing animal feedlots within shoreland areas must be reviewed as 
20.2 	conditional uses and must meet the standards of Minnesota Rules, chapter 7020.
20.3 	(b) River classes in residential districts.

20.4	Uses
	Remote
	Forested
	Transitional
	Agricultural
	Urban
	Tributary
	
20.5
20.6	Single 
residential
	P
	P
	P
	P
	P
	P
	
20.7
20.8	Conventional 
subdivisions
	C
	C
	C
	C
	C
	C
	
20.920.10
20.11
	Planned 
unit 
developments
	C
	C
	P
	P
	P
	P
	
20.12
20.13	Conservation 
subdivisions
	C
	C
	P
	P
	P
	P
	
20.14	Semipublic
	C
	C
	C
	C
	P
	P
	
20.15
20.16
20.17	Parks and 
historic 
sites
	C
	C
	C
	C
	C
	P
	
20.18
20.19	Extractive 
use
	C
	C
	C
	C
	C
	C
	
20.20
20.21
20.22
20.23	Duplex, 
triplex, 
quad 
residential
	C
	C
	C
	C
	P
	C
	
20.24
20.25	Forest 
management
	P
	P
	P
	P
	P
	P
	
20.26
20.27
20.28
20.29	Mining of 
metallic 
minerals 
and peat
	P
	P
	P
	P
	P
	P
	
20.30 	(c) River classes in water-oriented commercial districts.

21.1	Uses
	Remote
	Forested
	Transitional
	Agricultural
	Urban
	Tributary
	
21.2
21.3
21.4	Surface 
water-oriented 
commercial
	C
	C
	C
	C
	C
	C
	
21.5	New resort
	C
	C
	C
	C
	C
	C
	
21.6
21.7
21.8
21.921.10
	Replacement 
of cabins 
within 
existing 
resorts
	P
	P
	P
	P
	P
	P
	
21.11
21.12	Expansions 
of resorts
	P
	P
	P
	P
	P
	P
	
21.13
21.14	Public, 
semipublic
	C
	C
	C
	P
	P
	P
	
21.15
21.16	Parks and 
historic sites
	C
	C
	C
	C
	C
	C
	
21.17
21.18	Forest 
management
	P
	P
	P
	P
	P
	P
	
21.19 	(d) River classes in general use districts.

21.20	Uses
	Remote
	Forested
	Transitional
	Agricultural
	Urban
	Tributary
	
21.21	Commercial
	C
	C
	C
	C
	P
	C
	
21.22	New resort
	C
	C
	C
	C
	C
	C
	
21.23
21.24
21.25
21.26
21.27	Replacement 
of cabins 
within 
existing 
resorts
	P
	P
	P
	P
	P
	P
	
21.28
21.29	Expansions 
of resorts**
	P
	P
	P
	P
	P
	P
	
21.30	Industrial
	N
	C
	N
	N
	C
	C
	
21.31
21.32	Public, 
semipublic
	C
	C
	C
	C
	P
	C
	
22.1
22.2	Extractive 
use
	C
	C
	C
	C
	C
	C
	
22.3
22.4	Parks and 
historic sites
	C
	C
	C
	C
	C
	C
	
22.5
22.6	Forest 
management
	P
	P
	P
	P
	P
	P
	
22.7
22.8
22.922.10
	Mining of 
metallic 
minerals and 
peat
	P
	P
	P
	P
	P
	P
	
22.11 	** Expansions of resorts that result in more than 20 dwelling units require a 
22.12 	conditional use permit.

22.13 	Sec. 6. [103F.231] ZONING PROVISIONS.
22.14 		Subdivision 1. Purpose. To manage the effects of shoreland  and water surface 
22.15 	crowding, to prevent pollution of surface and  ground waters of the state, to provide ample 
22.16 	space on lots for  sewage treatment systems, to minimize flood damages, to maintain 
22.17 	property values, to maintain historic values of significant  historic sites, and to maintain 
22.18 	natural characteristics of  shorelands and adjacent water areas, shoreland controls must 
22.19 	regulate lot sizes, placement of structures, and alterations of  shoreland areas.
22.20 		Subd. 2. Residential lot size.  (a) All single, duplex, triplex, and quad residential 
22.21 	lots created after the date of enactment of the local shoreland controls must meet or exceed 
22.22 	the dimensions under this subdivision and subdivisions 3 and 4. 
22.23 	(b) Lots must not be occupied by any more dwelling units than indicated in 
22.24 	subdivisions 3 and 4. Only land above the ordinary high water level of public waters can 
22.25 	be used to meet lot area standards and lot width standards must be met at both the ordinary 
22.26 	high water level and at the building line.
22.27 	(c) On natural environment lakes or shorelands and within sensitive area districts, 
22.28 	subdivisions of duplexes, triplexes, and quads must also meet the following standards:
22.29 	(1) each building must be set back at least 200 feet from the ordinary high water 
22.30 	level;
22.31 	(2) each building must have common sewage treatment and water systems that serve 
22.32 	all dwelling units in the building;
22.33 	(3) watercraft docking facilities for each lot must be centralized in one location 
22.34 	and serve all dwelling units in the building;
23.1 	(4) no more than 25 percent of a lake's shoreline can be in duplex developments; and 
23.2 	(5) triplexes and quads shall not be allowed within riparian lots.
23.3 	(d) One guest cottage may be allowed in local controls if the controls also require 
23.4 	all of the following standards to be met:
23.5 	(1) a guest cottage may be allowed on lots meeting or exceeding the duplex 
23.6 	dimensions under subdivisions 3 and 4. The guest cottage must not cover more than 700 
23.7 	square feet of land surface and must not exceed 15 feet in height;
23.8 	(2) a guest cottage may be allowed on lots meeting or exceeding the triplex 
23.9 	dimensions under subdivisions 3 and 4. The guest cottage must not cover more than 1,200 
23.10 	square feet of land surface and must not exceed 20 feet in height unless confined to the 
23.11 	second story of an accessory structure; and 
23.12 	(3) a guest cottage must be located or designed to reduce its visibility as viewed 
23.13 	from public waters and adjacent shorelands by vegetation, topography, increased setbacks, 
23.14 	color, or other means acceptable to the local unit of government, assuming summer 
23.15 	leaf-on conditions.
23.16 	(e) Lots of record in the office of the county recorder on the date of enactment 
23.17 	of local shoreland controls that do not meet the requirements of this subdivision and 
23.18 	subdivisions 3 and 4 may be allowed as building sites without variances from lot size 
23.19 	requirements, provided the use is permitted in the zoning district, the lot has been in 
23.20 	separate ownership from abutting lands at all times since it became substandard, the 
23.21 	lot was created compliant with official controls in effect at the time, sewage treatment 
23.22 	and setback requirements of the shoreland controls are met, and for single residential 
23.23 	nonconforming lots, the minimum lot area and minimum lot width standards are at least 
23.24 	75 percent of the standards under subdivisions 3 and 4. Necessary variances from setback 
23.25 	requirements must be obtained before any use, sewage treatment system, or building 
23.26 	permits are issued for these lots. In evaluating all the variances, boards of adjustment shall 
23.27 	consider storm water runoff, vegetative buffers, and sewage treatment and water supply 
23.28 	capabilities or constraints of the lots and shall deny the variances if adequate facilities 
23.29 	cannot be provided. Alternatively, the local government shall implement a mitigation 
23.30 	scoring system that includes planting or maintaining a natural vegetated buffer zone along 
23.31 	with other measures, such as the removal of structures that do not meet structure setback 
23.32 	standards from ordinary high water level, reestablishment of a shoreline berm, removal 
23.33 	of water-oriented accessory structures, removal of impervious surfaces within the shore 
23.34 	impact zone, reduced impervious surface coverage on the lot, restoration of wetlands, 
23.35 	storm water management, or other conservation designed actions. If, in a group of two 
23.36 	or more contiguous lots under the same ownership, any individual lot does not meet the 
24.1 	requirements of this subdivision and subdivisions 3 and 4, the lot must not be considered 
24.2 	as a separate parcel of land for the purposes of sale or development. The lot must be 
24.3 	combined with the one or more contiguous lots so they equal one or more parcels of land 
24.4 	such that the lot is at least 75 percent of the minimum lot area and minimum lot width 
24.5 	standards under subdivisions 3 and 4. For the purposes of these standards, lots created 
24.6 	compliant with official controls that met or exceeded the standards in subdivisions 3 
24.7 	and 4 shall remain conforming.
24.8 	(f) Except for common open space lots in conservation subdivisions and planned 
24.9 	unit developments, lots must not be created for the intention of obtaining access to public 
24.10 	waters where multiple owners or an association, whose members are entitled by virtue of 
24.11 	their ownership interest in the association to a proprietary lease, own the lot.
24.12 		Subd. 3.Lot width, lot size, and residential lot suitable area standards for 
24.13 	minor subdivisions and density determinations for conservation subdivisions and 
24.14 	planned unit developments; lake classes. The minimum lot area, residential lot suitable 
24.15 	area, and width standards for residential lot developments are:

24.16
24.17
24.18
24.19
24.20	Class or District
	Riparian Lot Width 
(feet) - Lot Size (square 
feet) - Residential Lot 
Suitable Area* (square 
feet)
		Nonriparian Lot Width 
(feet) - Lot Size (square 
feet) - Residential Lot 
Suitable Area* (square 
feet)
	
24.21	Special Protection
			
24.22		Single
	400 - 217,000 - 23,400
		400 - 217,800 - 23,400
	
24.23	Natural environment and sensitive area 
			
24.24		Single
	250 - 80,000 - 20,400
		250 - 80,000 - 20,400
	
24.25		Duplex
	400 - 120,000 - 40,800
		400 - 160,000 - 40,800
	
24.26		Triplex
			600 - 240,000 - 61,200
	
24.27		Quad
			800 - 320,000 - 81,600
	
24.28	Recreational development
			
24.29		Single
	150 - 40,000 - 17,400
		150 - 40,000 - 17,400
	
24.30		Duplex
	225 - 80,000 - 34,800
		225 - 80,000 - 34,800
	
24.31		Triplex
	300 - 120,000 - 52,200
		300 - 120,000 - 52,200
	
24.32		Quad
	375 - 160,000 - 69,600
		375 - 160,000 - 69,600
	
24.33	General development
			
25.1		Single
	120 - 30,000 - 14,400
		150 - 40,000 - 14,400
	
25.2		Duplex
	180 - 60,000 - 28,800
		265 - 80,000 -28,800
	
25.3		Triplex
	260 - 80,000 - 43,200
		375 - 120,000 - 43,200
	
25.4		Quad
	340 - 120,000 - 57,600
		490 - 160,000 - 57,600
	
25.5 	* The residential lot suitable area values in this table are for unsewered lots. A 
25.6 	minimum of 8,400 square feet for single; 16,800 square feet for duplex; 25,200 square 
25.7 	feet for triplex; and 33,600 square feet for quad developments of the residential lot 
25.8 	suitable area shall consist of buildable area, which for lots served by public sewer are 
25.9 	the minimum residential lot suitable areas.
25.10 		Subd. 4. Lot standards for residential development; river classes. For all river 
25.11 	classes, the residential lot suitable area shall be a minimum of 18,000 square feet, with 50 
25.12 	percent being contiguous.

25.13
25.14	Lot Width 
(feet)
	Remote
	Forested
	Transitional
	Agricultural
	Urban
	Tributary
	
25.15	Single
	300
	200
	250
	150
	100
	75
	
25.16	Duplex
	450
	300
	375
	225
	150
	115
	
25.17	Triplex
	600
	400
	500
	300
	200
	150
	
25.18	Quad
	750
	500
	625
	375
	250
	190
	
25.19 		Subd. 5.Placement and height of structure and facilities on lots. When more 
25.20 	than one setback requirement applies to a site, structures and facilities must be located 
25.21 	to meet all setbacks. The placement of structures and other facilities on all lots must be 
25.22 	managed by shoreland controls as follows:
25.23 	(a) Structure setbacks. The minimum setbacks in the following table for each class 
25.24 	of public waters apply to all structures, except water-oriented accessory structures and 
25.25 	facilities that are managed according to paragraph (h):

25.26
25.27	 Class or District
		Ordinary high water 
level setback (feet)
		Setback from top 
of bluff (feet)
	
25.28	Special protection
		200
		30
	
25.29	Sensitive area
		150
		30
	
25.30	Natural environment
		150
		30
	
25.31	Recreational development
		100
		30
	
25.32	General development
		75
		30
	
26.1	Remote river segments
		200
		30
	
26.2
26.3	Forested and transition 
river segments
		150
		30
	
26.4
26.5	Agricultural, urban, and 
tributary river segments
		100
		30
	
26.6 	(b) High water elevations. In addition to the setback requirements of paragraph (a), 
26.7 	local shoreland controls must regulate placement of structures in relation to high water 
26.8 	elevation. Where state-approved, local flood plain management controls exist consistent 
26.9 	with Minnesota Rules, parts 6120.5000 to 6120.6200, structures must be placed at an 
26.10 	elevation consistent with the flood protection elevation specified in the controls. Where 
26.11 	controls do not exist, the elevation to which the lowest floor, including basement and crawl 
26.12 	spaces, is placed or flood-proofed must be determined as follows:
26.13 	(1) for lakes, by placing the lowest floor at a level at least three feet above the highest 
26.14 	known water level, or three feet above the ordinary high water level, whichever is higher. 
26.15 	As an alternative, the lowest floor may be placed at an elevation equal to or above the 
26.16 	flood protection elevation determined consistent with Minnesota Rules, parts 6120.5000 to 
26.17 	6120.6200. In instances where lakes have a history of extreme water level fluctuations or 
26.18 	have no outlet capable of keeping the lake level at or below a level three feet above the 
26.19 	ordinary high water level, local controls may require structures to be placed higher;
26.20 	(2) for rivers and streams, by placing the lowest floor at least three feet above the 
26.21 	highest known water level, or three feet above the ordinary high water level, whichever 
26.22 	is higher. As an alternative, the lowest floor may be placed at an elevation equal to or 
26.23 	above the flood protection elevation determined consistent with Minnesota Rules, parts 
26.24 	6120.5000 to 6120.6200; and 
26.25 	(3) water-oriented accessory structures may have  the lowest floor placed lower than 
26.26 	the elevation determined in  this paragraph if the structure is constructed of flood-resistant 
26.27 	materials to the elevation, electrical and mechanical equipment is placed above the 
26.28 	elevation and, if long duration flooding is  anticipated, the structure is built to withstand ice 
26.29 	action and wind-driven waves and debris.
26.30 	(c)  Bluff impact zones.  Structures and accessory  facilities, except stairways and 
26.31 	landings, must not be placed  within bluff impact zones.
26.32 	(d)  Steep slopes.  Local government officials must evaluate possible soil erosion 
26.33 	impacts and development  visibility from public waters before issuing a permit for 
26.34 	construction of sewage treatment systems, roads, driveways, structures, or other 
26.35 	improvements on steep slopes.  When  determined necessary, conditions must be attached 
27.1 	to issued  permits to prevent erosion and to preserve existing vegetation screening of 
27.2 	structures, vehicles, and other facilities as viewed from the surface of public waters, 
27.3 	assuming summer, leaf-on vegetation.
27.4 	(e) Proximity to unplatted cemeteries and significant  historic sites. No structure 
27.5 	may be placed nearer than 50 feet  from the boundary of an unplatted cemetery protected 
27.6 	under section 307.08, unless necessary approval is  obtained from the Minnesota State 
27.7 	Archaeologist's Office. No structure may be placed on a significant historic site in a 
27.8 	manner that affects the values of the site unless adequate information about the site has 
27.9 	been removed and documented in a  public repository.
27.10 	(f)  Proximity to roads and highways. No structure may be placed nearer than 50 feet 
27.11 	from the right-of-way line of any  federal, state, or county highway or 20 feet from the 
27.12 	right-of-way line of any town road, public street, or others not  classified.
27.13 	(g) Height. No structures, except churches, telecommunications towers and antenna, 
27.14 	and nonresidential agricultural structures, shall exceed 30 feet in height of building.
27.15 	(h) Accessory structures and facilities. All  accessory structures and facilities, except 
27.16 	those that are  water-oriented, must meet or exceed structure setback standards. If allowed 
27.17 	by local government controls, each  residential lot and commercial property may have 
27.18 	one water-oriented accessory structure or facility located closer to public waters than 
27.19 	the structure setback if:
27.20 	(1) the structure or facility does not exceed ten feet in height, exclusive of safety 
27.21 	rails, does not exceed ten feet in width, as measured parallel to the shoreline, and does not 
27.22 	occupy an area greater than 120 square feet. Detached decks must not exceed eight feet 
27.23 	above grade at any point;
27.24 	(2) the setback of the structure or facility from the ordinary high water level is at 
27.25 	least 30 feet;
27.26 	(3) the structure or facility is treated to reduce visibility as viewed from public waters 
27.27 	and adjacent  shorelands by vegetation, topography, increased setbacks, color, or other 
27.28 	means acceptable to the local unit of government,  assuming summer, leaf-on conditions; 
27.29 	(4) the roof is not enclosed or used as a storage area. The roof may be used as 
27.30 	a deck with safety rails; 
27.31 	(5) the structure or facility is not designed or used for human habitation and does not 
27.32 	contain water  supply or sewage treatment facilities; and
27.33 	(6) for residential lots, the structure or facility is located in the center third of the 
27.34 	parcel.
28.1 	Any accessory structures or facilities not meeting the criteria in clauses (1) to (6) or 
28.2 	any additional accessory  structures or facilities must meet or exceed structure setback 
28.3 	standards.
28.4 	(i) Stairways, lifts, and landings.  Stairways and  lifts are the preferred alternative to 
28.5 	major topographic  alterations for achieving access up and down bluffs and steep slopes to 
28.6 	shore areas. Stairways and lifts must meet the following design requirements:
28.7 	(1) stairways and lifts must not exceed four feet in width on residential lots. 
28.8 	Wider stairways may be used for  commercial properties, public open-space recreational 
28.9 	properties, and planned unit developments if approved by the local government;
28.10 	(2) landings for stairways and lifts on residential lots must not exceed 32 square feet 
28.11 	in area. Landings larger than 32 square feet may be used for commercial properties, 
28.12 	public open-space recreational properties, and planned unit developments if approved 
28.13 	by the local government; 
28.14 	(3) canopies or roofs are not allowed on stairways, lifts, or landings;
28.15 	(4) stairways, lifts, and landings may be constructed either above the ground on 
28.16 	posts or pilings or placed into  the ground, provided they are designed and built in a manner 
28.17 	that ensures control of soil erosion; and
28.18 	(5) stairways, lifts, and landings must be located in the most visually inconspicuous 
28.19 	portions of lots, as viewed from the surface of the public water assuming summer, leaf-on 
28.20 	conditions, whenever practical.
28.21 	Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are 
28.22 	also allowed for  achieving access to shore areas, provided that the dimensional and 
28.23 	performance standards of clauses (1) to (5) are met in addition to the requirements of 
28.24 	Minnesota Rules, chapter 1341. 
28.25 	(j) Decks and platforms. Except as provided in paragraph (h), decks and platforms 
28.26 	must meet the structure setback standards. Decks and platforms that do not meet  setback 
28.27 	requirements from public waters may, without a variance, be added to structures existing 
28.28 	on the date the  shoreland structure setbacks were established by ordinance, if all of the 
28.29 	following criteria and standards are met:
28.30 	(1) a thorough evaluation of the property and structure reveals no reasonable 
28.31 	location for a deck or platform meeting or  exceeding the existing ordinary high water level 
28.32 	setback of the structure;
28.33 	(2) the deck or platform encroachment toward the ordinary high water level does not 
28.34 	exceed 15 percent of the existing  shoreline setback of the structure from the ordinary high 
28.35 	water level or does not encroach closer than 40 feet, whichever is  more restrictive; and 
28.36 	(3) the deck or platform is not roofed or screened.
29.1 		Subd. 6.Shoreline buffer standards. (a) Alterations of natural vegetation and 
29.2 	topography shall be controlled by local governments to prevent erosion into public waters, 
29.3 	fix nutrients, infiltrate rainwater runoff, preserve shoreland aesthetics and historic values, 
29.4 	prevent bank slumping, limit direct and indirect impacts on water quality, and protect 
29.5 	fish and wildlife habitat.
29.6 	(b) A shoreline buffer, consisting of trees, shrubs, and ground cover of native plants 
29.7 	and understory, is required. Vegetation removal necessary for the construction of structures 
29.8 	and sewage treatment systems under validly issued permits for these facilities are exempt 
29.9 	from this subdivision. However, the grading and filling conditions of this subdivision must 
29.10 	be met for issuance of permits for structures and sewage treatment systems. Public roads 
29.11 	and parking areas, as regulated by subdivision 7, and public swimming areas are exempt 
29.12 	from this subdivision. Shoreline buffer standards shall include:
29.13 	(1) removal or alteration of natural vegetation, except for forest management or 
29.14 	agricultural uses as provided for in subdivisions 9 and 10, shall follow these standards:
29.15 	(i) a shoreline buffer shall exist within the shore impact zone, consisting of trees, 
29.16 	shrubs, and low ground cover of native plants and understory in a natural state; and 
29.17 	(ii) vegetation clearing and removal of ground cover, including leaf litter and the 
29.18 	forest floor duff layer, within the shore and bluff impact zones and on steep slopes shall 
29.19 	not be allowed, except as follows:
29.20 	(A) limited clearing of trees and shrubs and cutting, pruning, and trimming of trees 
29.21 	to accommodate the placement of stairways and landings, access paths, view corridors, 
29.22 	recreation use areas, and permitted water-oriented accessory structures or facilities shall 
29.23 	be allowed within the shore impact zone. Trees, shrubs, and a low ground cover consisting 
29.24 	of native plants and understory shall be maintained in a natural state within this area. An 
29.25 	access path permitted within this area shall not exceed a cleared width of six feet and must 
29.26 	be oriented generally perpendicular to the shoreline. Only one shoreline recreation use area 
29.27 	shall be allowed on each residential lot and it shall not exceed the following dimensions:

29.28
29.29	Class or District
	Width (maximum distance 
in feet parallel to shore)
	Length (feet) 
	
29.30	Special protection
	10
	15
	
29.31	Sensitive area
	10
	15
	
29.32	Natural environment
	10
	15
	
29.33	Recreational development
	20
	15
	
29.34	General development
	30
	15
	
30.1	Remote river segments
	10
	15
	
30.2
30.3	Forested and transition river 
segments
	20
	15
	
30.4
30.5	Agricultural, urban, and 
tributary river segments
	30
	15
	
30.6 	For conservation subdivisions, planned unit developments, and new resorts, shoreline 
30.7 	recreation use areas shall be no larger than 20 feet in width along the shoreline for each 
30.8 	100 feet of shoreline, not to exceed 5,000 square feet in total area, with the depth of the 
30.9 	shoreline recreational area not exceeding 25 feet landward from the ordinary high water 
30.10 	level. A perennial ground cover shall be maintained to prevent erosion on all shoreline 
30.11 	recreation use areas and a tree canopy shall cover half of the area to intercept rainfall and 
30.12 	lessen erosion potential;
30.13 	(B) limited clearing of trees and shrubs and cutting, pruning, and trimming of trees 
30.14 	to accommodate the placement of stairways, landings, and access paths shall be allowed in 
30.15 	bluff impact zones and on steep slopes. Trees, shrubs, and a low ground cover consisting 
30.16 	of native grasses and plants shall be maintained in these areas; and 
30.17 	(C) removal of trees or branches that pose a safety hazard is allowed; and
30.18 	(iii) removal of trees and shrubs within the secondary shoreline buffer zone may 
30.19 	be allowed, provided that a well-distributed stand of trees and shrubs are maintained. A 
30.20 	well-distributed stand of trees and shrubs means that a tree and shrub canopy covers 
30.21 	over 50 percent of the area. A ground layer of predominantly perennial vegetation, such 
30.22 	as grass, flowers, forbs, or preferably native plants, shall be preserved, established, or 
30.23 	maintained in this area;
30.24 	(2) use of fertilizer is not allowed within the shore impact zone. Use of fertilizer and 
30.25 	pesticides elsewhere within the shoreland management district must be done in such a way 
30.26 	as to minimize runoff into the shore impact zone or public water;
30.27 	(3) vegetation within the shore impact zone shall be maintained to screen structures 
30.28 	with trees and shrubs so that the structures are at most 50 percent visible from public 
30.29 	waters during summer, leaf-on conditions;
30.30 	(4) no impervious surfaces are allowed within the shore impact zone, except for boat 
30.31 	launches, stairways, lifts or landings, and, where permitted, one water-oriented accessory 
30.32 	structure; and
30.33 	(5) open areas and lawns within the shore impact zone, except those allowed in 
30.34 	clause (1), shall be left unmoved or replanted with native vegetation of trees and shrubs to 
30.35 	establish and maintain a vegetative buffer, with a natural ground layer of understory plants.
31.1 	(c) The shore impact zone shall be brought into compliance with this section by 
31.2 	restoration to no less than 50 percent tree and shrub canopy coverage and establishment 
31.3 	of natural ground cover within the shore impact zone upon issuance of any variance 
31.4 	or permit, or alternatively, the local government shall implement a mitigation scoring 
31.5 	system that includes planting or maintaining a natural vegetated buffer zone along with 
31.6 	other measures, such as the removal of structures that do not meet structure setbacks 
31.7 	standards from ordinary high water level, reestablishment of a shoreline berm, removal 
31.8 	of water-oriented accessory structures, removal of impervious surfaces within the shore 
31.9 	impact zone, reduction of impervious surface coverage on the parcel, restoration of 
31.10 	wetlands, storm water management, or other conservation designed actions.
31.11 	Local governments may also require the shore impact zone to be brought into compliance 
31.12 	upon the conveyance of the lot.
31.13 	(d) Land-disturbing activities within the shoreland management district shall be 
31.14 	controlled by local governments. The controls must also apply for subdivision, variance, 
31.15 	building permit, and conditional use permit reviews. Local shoreland controls shall meet 
31.16 	or exceed the following standards:
31.17 	(1) filling of any wetlands within the shore impact and secondary shoreline buffer 
31.18 	zones is prohibited;
31.19 	(2) natural swales, depressions, steep slopes, and topsoil shall be preserved. 
31.20 	Alterations to these areas may only be permitted in conjunction with erosion control, 
31.21 	storm water management, and vegetation buffer plans that are approved by the local 
31.22 	government and effectively implemented;
31.23 	(3) excavation or placement of more than five cubic yards of material within shore 
31.24 	impact zones may be permitted provided that erosion control, storm water management, 
31.25 	and vegetation buffer plans are approved by the local government and effectively 
31.26 	implemented;
31.27 	(4) alterations must be designed and conducted in a manner that ensures only the 
31.28 	smallest amount of bare ground is exposed for the shortest time possible;
31.29 	(5) mulches or similar materials must be used for erosion control, where necessary, 
31.30 	for temporary bare soil coverage and a permanent vegetation cover must be established 
31.31 	as soon as possible;
31.32 	(6) silt fences or other methods to trap sediments before they reach any surface 
31.33 	water feature must be used;
31.34 	(7) altered areas must be stabilized to acceptable erosion control standards consistent 
31.35 	with the field office technical guides of the local soil and water conservation districts and 
31.36 	the Natural Resources Conservation Service;
32.1 	(8) fill or excavated material must not be placed in a manner that creates an unstable 
32.2 	slope;
32.3 	(9) plans to place fill or excavated material on steep slopes, including the construction 
32.4 	of walkout basements, shall be developed by a registered professional engineer for 
32.5 	continued slope stability and must not create finished slopes of 30 percent or greater;
32.6 	(10) fill or excavated material must not be placed in bluff impact zones;
32.7 	(11) any alterations below the ordinary high water level of public waters shall be 
32.8 	authorized by the commissioner under sections 103G.245 and 103G.405 prior to the 
32.9 	commencement of any work;
32.10 	(12) alterations of topography are only allowed if the alterations do not adversely 
32.11 	affect adjacent or nearby properties; and
32.12 	(13) placement of natural rock riprap and retaining walls, where allowed, shall 
32.13 	comply with rules adopted under section 103G.245. Natural rock riprap shall only be used 
32.14 	for the correction of an established erosion problem that cannot be controlled through the 
32.15 	use of native vegetation, slope stabilization using mulch, biomat, or similar bioengineered 
32.16 	means. Riprap and retaining walls used for ornamental purposes or for terracing natural 
32.17 	slopes are prohibited within the shore and bluff impact zones.
32.18 	(e) Excavations where the intended purpose is connection to a public water, such as 
32.19 	boat slips, canals, lagoons, and harbors, shall be regulated by local shoreland controls. 
32.20 	Permission for excavations may be given only after the commissioner has approved the 
32.21 	proposed connection to public waters pursuant to section 103G.245. Structures setbacks 
32.22 	and the shore impact zone shall be measured from the excavation.
32.23 		Subd. 7.Placement and design of roads, driveways, and parking areas. (a) 
32.24 	Public and private roads, driveways, and parking areas must be designed to take advantage 
32.25 	of natural vegetation and topography to achieve maximum screening from view from 
32.26 	public waters. They must be designed and constructed to minimize and control erosion to 
32.27 	public waters consistent with the field office technical guides of the local soil and water 
32.28 	conservation district, or other applicable technical materials.     
32.29 	(b)  Roads, driveways, and parking areas must meet structure setbacks and must 
32.30 	not be placed within bluff and shore  impact zones when other reasonable and feasible 
32.31 	placement alternatives exist. If no alternatives exist, they may be  placed within these areas 
32.32 	and must be designed to minimize adverse impacts.  
32.33 	(c) Public and private watercraft access ramps, approach roads, and access-related 
32.34 	parking areas may be placed  within shore impact zones provided the vegetative screening 
32.35 	and erosion control conditions of this subdivision are met.  For private  facilities, the 
32.36 	grading and filling provisions of subdivision 6, paragraph (d), must also be met. For public 
33.1 	watercraft access facilities, best management practices shall be designed, installed, and 
33.2 	maintained to reduce total suspended solids, peak discharge, and runoff. Best management 
33.3 	practices include porous pavement, grass parking overflow areas, filter strips, swales, 
33.4 	infiltration basins, disconnected impervious areas, rain gardens, and other conservation 
33.5 	designs.
33.6 		Subd. 8. Shoreline recreation facilities for lots. (a) For residential lots, shore 
33.7 	recreation facilities, including, but not limited to, swimming areas, docks, and watercraft 
33.8 	mooring areas and boat lifts must be clustered or grouped in suitable areas. Evaluation of 
33.9 	suitability must include consideration of land slope, water depth, aquatic and shoreland 
33.10 	vegetation, soils, depth to groundwater and bedrock, or other relevant factors to maintain 
33.11 	functions and values of existing natural features. Alternative lake access lots must be 
33.12 	used where direct riparian access is not appropriate due to the presence of protected 
33.13 	vegetation, wetlands, or other critical fish or wildlife habitat. Boating facilities shall be 
33.14 	located adjacent to the deepest water available. Shoreline facilities must also comply with 
33.15 	Minnesota Rules, part 6115.0210.
33.16 	(b) Walkways shoreward of the ordinary high water level shall be used in place of 
33.17 	fill to bridge wetland areas to reach the shore. The walkways must be elevated at least 16 
33.18 	inches above the surface of the wetland. Walkways lakeward of the ordinary high water 
33.19 	level require a permit under section 103G.245, prior to the commencement of any work.
33.20 		Subd. 9.Agricultural use standards. (a)  The shore impact zone for parcels with 
33.21 	permitted  agricultural land uses is equal to a line parallel to and 50  feet from the ordinary 
33.22 	high water level.     
33.23 	(b)  General cultivation farming, grazing, nurseries, horticulture, truck farming, sod 
33.24 	farming, and wild crop  harvesting are permitted uses if steep slopes and shore and bluff 
33.25 	impact zones are maintained in permanent vegetation or operated under an approved 
33.26 	conservation plan consistent with the field office technical guides of the local soil and 
33.27 	water conservation districts or the United States Soil Conservation Service.    
33.28 	(c) Expansions to animal feedlots within shoreland areas and where allowed within a 
33.29 	zoning district must be reviewed as conditional uses and must comply with Minnesota 
33.30 	Rules, chapter 7020. New feedlots are prohibited in shorelands according to Minnesota 
33.31 	Rules, chapter 7020.
33.32 	(d) Use of fertilizer, pesticides, or animal wastes within shorelands must be done 
33.33 	in such a way as to minimize impact on the shore impact zone or public water by proper 
33.34 	application or use of earth or vegetation.
34.1 		Subd. 10. Forest management standards. The harvesting of timber and associated 
34.2 	reforestation or conversion of forested use to a nonforested use must be conducted 
34.3 	consistent with the following standards:
34.4 	(1) timber harvesting and associated reforestation must be conducted consistent with 
34.5 	current best management practices prescribed by the Minnesota Forest Resources Council;
34.6 	(2) if allowed by local governments, forest land conversion to another use requires 
34.7 	issuance of a conditional use permit and adherence to the following standards:
34.8 	(i) vegetation clearing or cutting and removal of ground cover, including leaf litter 
34.9 	and the forest floor duff layer, within the shore and bluff impact zones is not allowed; and
34.10 	(ii) an erosion and sediment control plan must be developed and approved by the 
34.11 	local soil and water conservation district before issuance of a conditional use permit 
34.12 	for the conversion; and
34.13 	(3) use of fertilizer, pesticides, or animal wastes within shorelands must be done 
34.14 	in such a way as to minimize impact on the shore impact zone or public water by proper 
34.15 	application or use of earth or vegetation.
34.16 		Subd. 11.Extractive use standards.  (a) Processing machinery  must be located 
34.17 	consistent with setback standards for structures  from ordinary high water levels of public 
34.18 	waters and from bluffs. 
34.19 	     (b) An extractive use site development and restoration plan  must be developed, 
34.20 	approved by the local government, and  followed over the course of operation of the site. 
34.21 	The plan must address dust, noise, possible pollutant discharges, hours  and duration 
34.22 	of operation, and anticipated vegetation and  topographic alterations.  The plan must 
34.23 	identify actions to be taken during operation to mitigate adverse environmental  impacts, 
34.24 	particularly erosion, and must clearly explain how the  site will be rehabilitated after 
34.25 	extractive activities end.   
34.26 		Subd. 12.Standards for commercial, industrial, public,  and semipublic uses.
 34.27 	Surface water-oriented commercial uses and industrial, public, or semipublic uses with 
34.28 	similar needs to have access to and use of public waters may be located on parcels or 
34.29 	lots with frontage on public waters. Uses without water-oriented needs must be located 
34.30 	on lots or parcels without public waters frontage, or, if located on lots or parcels with 
34.31 	public waters frontage, must either be set back double the normal ordinary high water 
34.32 	level setback or be substantially screened from view from the water by vegetation or 
34.33 	topography, assuming summer, leaf-on conditions. Uses with water-oriented  needs must 
34.34 	meet the following standards:
35.1 	(1)  in addition to meeting impervious coverage limits, setbacks, and other zoning 
35.2 	standards under sections 103F.205 to 103F.237, the uses must be designed to incorporate 
35.3 	topographic and vegetative screening of parking areas and structures;
35.4 	(2)  uses that require short-term watercraft mooring for patrons must centralize these 
35.5 	facilities and design them to avoid obstructions of navigation and to be the minimum size 
35.6 	necessary to meet the need; and
35.7 	(3)  uses that depend on patrons arriving by watercraft may use signs and lighting to 
35.8 	convey needed information to the public, subject to the following general standards:
35.9 	(i) no advertising signs or supporting facilities for signs may be placed in or upon 
35.10 	public waters.  Signs  conveying information or safety messages may be placed in or on 
35.11 	public waters by a public authority or under a permit issued by the county sheriff;
35.12 	(ii) signs may be placed, when necessary, within  the shore impact zone if they are 
35.13 	designed and sized to be the  minimum necessary to convey needed information. They 
35.14 	must only convey the location and name of the establishment and the  general types of 
35.15 	goods or services available. The signs must not contain other detailed information such as 
35.16 	product brands and prices, must not be located higher than ten feet above the ground, and 
35.17 	must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be 
35.18 	shielded or directed to prevent illumination out across public waters; and
35.19 	(iii) other outside lighting may be located within the shore impact zone or over 
35.20 	public waters if it is used  primarily to illuminate potential safety hazards and is shielded 
35.21 	or otherwise directed to prevent direct illumination out across public waters. This item 
35.22 	does not preclude use of navigational lights.
35.23 		Subd. 13. Storm water management. (a) Local governments must consider 
35.24 	proper erosion control and storm water management in all reviews, approvals, and permit 
35.25 	issuances under shoreland management controls adopted under sections 103F.205 to 
35.26 	103F.237. The following general and specific standards must be incorporated into local 
35.27 	government shoreland management controls and administration:
35.28 	(1) for postconstruction storm water management, when possible, existing natural 
35.29 	drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, 
35.30 	and retain storm water runoff before discharge to public waters. When development 
35.31 	density, topographic features, and soil and vegetation conditions are not sufficient to 
35.32 	adequately handle storm water runoff using natural features and vegetation, various types 
35.33 	of constructed facilities such as diversions, settling basins, skimming devices, dikes, 
35.34 	waterways, and ponds may be used. Preference must be given to designs using surface 
35.35 	drainage, vegetated filter strips, bioretention areas, rainwater gardens, enhanced swales, 
36.1 	off-line retention areas, and natural depressions for infiltration rather than buried pipes 
36.2 	and human-made materials and facilities;
36.3 	(2) development must be planned and conducted in a manner that will minimize the 
36.4 	extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay 
36.5 	runoff volumes. Erosion prevention and sediment control practices must be used to retain 
36.6 	sediment on site. Disturbed soil areas must be stabilized and protected as soon as possible. 
36.7 	The maximum time the soil in a project area may remain exposed when the area is not 
36.8 	actively being worked is three days. Temporary or permanent cover for the exposed areas 
36.9 	is required at that time but should be installed sooner if possible. All deltas and sediment 
36.10 	deposited in surface waters, including drainageways, catch basins, and other drainage 
36.11 	systems must be removed within 14 days unless precluded by legal, regulatory, or physical 
36.12 	access restraints. The areas where sediment removal results in exposed soil must be 
36.13 	stabilized within seven days after completing the removal;
36.14 	(3) to the maximum extent possible, land-disturbing activities must not occur within 
36.15 	the shore impact zone;
36.16 	(4) the maximum impervious surface coverage must be in accordance with the 
36.17 	following table:

36.18
36.19
36.20
36.21	Development 
or Use
		Class or District
		Impervious 
Surface Coverage 
(percent of 
applicable area)
		Applicable 
Area
	
36.22
36.23
36.24
36.25	Noncommercial
		General 
development 
and recreational 
development
		15*
		Lot or parcel
	
36.26
36.27
36.28
36.29
36.30
36.31
36.32	Noncommercial
		Natural 
environment, 
special 
protection, 
sensitive area, 
and all river 
classes
		12
		Lot or parcel
	
36.33
36.34	Access lots
		All classes and 
districts
		12
		Lot or parcel
	
37.1
37.2	Conventional 
subdivision
		Where allowed
		12
		Lot or parcel
	
37.3
37.4
37.5
37.6	Conservation 
subdivision
		General 
development 
and recreational 
development
		15*
		Riparian lots
	
37.7
37.8
37.937.10
37.11
37.12
37.13
	Conservation 
subdivision
		Natural 
environment, 
special 
protection, 
sensitive area, 
and all river 
classes
		12
		Riparian lots
	
37.14
37.15	Conservation 
subdivision
		All classes and 
districts
		35
		Nonriparian 
lots
	
37.16
37.17
37.18	Planned unit 
developments
		All classes and 
districts
		15
		Total project 
area and 1st 
tier
	
37.19
37.20
37.21	Resorts
		Where allowed
		25
		Total project 
area and any 
tier
	
37.22
37.23	Resort**
		General 
development
		35
		2nd and 3rd 
tiers
	
37.24
37.25
37.26	Commercial***
		Commercial 
districts
		25
		Total project 
area and any 
tier
	
37.27 	* Up to 20 percent impervious surface coverage may be allowed with an approved 
37.28 	storm water management plan consistent with clause (8) and subdivision 6. Plans shall 
37.29 	conform to the provisions of the latest Pollution Control Agency general storm water 
37.30 	permit for construction activity and the specific best management practices (BMPs) must 
37.31 	be designed and installed to meet those standards. Additional information and guidance 
37.32 	on the design of BMPs can be found in the Pollution Control Agency's storm water BMPs 
37.33 	manuals. Preference must be given to permanent storm water management designs that 
38.1 	include porous pavement, filter strips, enhanced swales, infiltration basins, disconnected 
38.2 	impervious areas, rain gardens, and other conservation designs.
38.3 	** The total project area impervious surface coverage shall not exceed 25 percent.
38.4 	*** Commercial properties other than planned unit developments and resorts;
38.5 	(5) half the area covered by porous pavers or other porous material shall be counted 
38.6 	as impervious surface if best management practices were followed in design, installation, 
38.7 	and maintenance as found in the Pollution Control Agency's storm water BMPs manuals;
38.8 	(6) local governments may also require a properly engineered storm water pollution 
38.9 	prevention plan upon issuance of any permit;
38.10 	(7) construction or reconstruction activity that results in the disturbance of 10,000 
38.11 	square feet or more on general development lakes, recreational development lakes, and 
38.12 	all river classes or 5,000 square feet on natural environment lakes, special protection 
38.13 	lakes, and sensitive area districts must meet the Pollution Control Agency general storm 
38.14 	water permit for construction activity requirements for erosion prevention and sediment 
38.15 	control. These requirements must be incorporated into the project plans and specifications. 
38.16 	Construction activity that results in the disturbance of one or more acres will require a 
38.17 	storm water permit from the Pollution Control Agency; and
38.18 	(8) for a commercial property, for development on a residential lot where the 
38.19 	maximum land surface to be covered by structures exceeds 5,000 square feet, or where 
38.20 	construction or reconstruction activity results in the disturbance of one or more acres, 
38.21 	certified personnel in erosion and sediment control are responsible for best management 
38.22 	practice design, installation, inspection, and management to meet the Pollution Control 
38.23 	Agency general storm water permit requirements. The storm water pollution prevention 
38.24 	plan developed for the project shall incorporate all appropriate provisions of the permit 
38.25 	requirements, including both preconstruction and postconstruction activity. Permanent 
38.26 	storm water management requirements must be met for all impervious surfaces located on 
38.27 	the project. A volume of water equal to one-half or one inch, depending on the location, 
38.28 	multiplied by the area of impervious surfaces on the project must be treated by one or 
38.29 	more of the options outlined in the permit standards. For those areas of a project where 
38.30 	there is no feasible way to meet the treatment requirements of the permit standards, other 
38.31 	treatment, such as grassed swales, grit chambers, vegetated filter strips, bioretention areas, 
38.32 	rainwater gardens, enhanced swales, off-line retention areas, and natural depressions for 
38.33 	infiltration, is required prior to discharge to surface waters. Construction activity that 
38.34 	results in the disturbance of one or more acres require a storm water permit from the 
38.35 	Pollution Control Agency.
39.1 	(b) Local governments shall develop and implement programs to identify properties 
39.2 	that are inconsistent with impervious surface coverage limits identified in paragraph (a) 
39.3 	and to mitigate the consequences of noncompliant properties. The programs must include 
39.4 	at least one of the following approaches:
39.5 	(1) a review of existing records to determine which properties in the jurisdiction 
39.6 	are nonconforming and require mitigation;
39.7 	(2) determination of compliance upon conveyance of the lot and mitigation measures 
39.8 	necessary; or
39.9 	(3) other programs found to be acceptable to the commissioner.
39.10 		Subd. 14.Mining of metallic minerals and peat.  Mining of metallic minerals and 
39.11 	peat shall be a permitted use provided the provisions under sections 93.44 to 93.51 are 
39.12 	satisfied.

39.13 	Sec. 7. [103F.232] SANITARY PROVISIONS.
39.14 		Subdivision 1.Water supply. Any public or private supply of water for domestic 
39.15 	purposes must meet or exceed standards for water quality of the Department of Health and 
39.16 	the Pollution Control Agency. Private wells must be located, constructed, maintained, 
39.17 	and sealed according to or in a more thorough manner than required in chapter 103I and 
39.18 	rules adopted thereunder.
39.19 		Subd. 2.Sewage treatment. (a) Any premises used for human occupancy must be 
39.20 	provided with an adequate method of sewage treatment.
39.21 	(b) Publicly owned sewer systems must be used where available.
39.22 	(c) All private sewage treatment systems must meet or exceed applicable rules 
39.23 	of the Department of Health; the Pollution Control Agency, specifically Minnesota 
39.24 	Rules, chapter 7080, for individual sewage treatment systems; and any applicable local 
39.25 	government standards.
39.26 	(d) On-site sewage treatment systems must be set back from the ordinary high 
39.27 	water level according to the following table:
39.28 	Sewage Treatment System Setback Standards

39.29
39.30	Class or district
	Setback from ordinary high water 
level (feet)
	
39.31	Special protection
	200
	
39.32	Natural environment
	150
	
39.33	Sensitive area
	150
	
39.34	Recreational development
	100
	
40.1	General development
	100*
	
40.2	Remote river segments
	150
	
40.3	Forested river segments
	100
	
40.4	Transition river segments
	100
	
40.5	Agricultural river segments
	75
	
40.6	Urban and tributary river segments
	75
	
40.7 	* This distance may be reduced to 75 feet if soil tests demonstrate that the soils 
40.8 	present have high phosphorus adsorption or retention capacity. Sites with coarse soils and 
40.9 	calcareous sandy soils must use 100 feet. Evaluation and documentation of the soil should 
40.10 	be performed by a qualified individual knowledgeable in soil science, with preference to a 
40.11 	professional soil scientist.
40.12 	(e) Local governments must develop and implement programs to identify and 
40.13 	upgrade sewage treatment systems that are inconsistent with the sewage treatment system 
40.14 	design criteria identified in paragraph (c), exclusive of the appropriate setback from the 
40.15 	ordinary high water level in paragraph (d). These programs must require reconstruction 
40.16 	of existing nonconforming sewage systems whenever a permit or variance of any type 
40.17 	is required for any improvement on, or use of, the property, and must include at least 
40.18 	one of the following approaches:
40.19 	(1) a systematic review of existing records to determine which systems in the 
40.20 	jurisdiction are nonconforming and requiring reconstruction when practicable;
40.21 	(2) a systematic on-site inspection program, including all properties where adequate 
40.22 	record of conformances does not exist, identifying nonconforming or illegal systems and 
40.23 	requiring reconstruction when appropriate;
40.24 	(3) a notification or education program that is oriented toward convincing substantial 
40.25 	numbers of property owners to evaluate their sewage systems and voluntarily upgrade the 
40.26 	sewage treatment system, if nonconforming;
40.27 	(4) a certificate of compliance for the sewage treatment system with conveyance of 
40.28 	the lot or issuance of any permit;
40.29 	(5) a program that includes the requirement of submission of a certificate of 
40.30 	compliance for the sewage treatment system every five years; or
40.31 	(6) other programs found to be acceptable to the commissioner.

40.32 	Sec. 8. [103F.233] SUBDIVISION PROVISIONS.
41.1 		Subdivision 1.Purpose. The purpose of this subdivision is to allow for greater 
41.2 	flexibility and creativity in the design of residential subdivisions, to facilitate the 
41.3 	construction of streets, utilities, and public services in a more economical and efficient 
41.4 	manner, and to promote conservation subdivisions to ensure that citizens in residential 
41.5 	developments prosper from the conservation of natural features of the land, including 
41.6 	wetlands, forests, shorelines, steep slopes, plants, wildlife, historic sites, and scenic areas.
41.7 		Subd. 2.Subdivision methods. Minor and major subdivision local controls shall be 
41.8 	consistent with the standards in this section. Minor subdivisions are commonly referred to 
41.9 	as lot splits and those subdivisions shall be consistent with the standards in subdivision 
41.10 	4. All major subdivisions must be processed by local governments as plats according to 
41.11 	chapters 462 and 505. Major subdivisions must be processed as conservation subdivisions 
41.12 	or planned unit developments according to section 103F.236 or by issuance of a conditional 
41.13 	use permit for a conventional subdivision according to subdivision 5. Minor subdivisions 
41.14 	shall not be allowed on any lot that is part of an approved planned unit development.
41.15 		Subd. 3.Land suitability and consistency with other controls. (a) Each lot 
41.16 	created must be suitable in its natural state for the proposed use with a minimal alteration. 
41.17 	A lot intended as a buildable site shall meet the appropriate minimum lot standards and 
41.18 	suitable area requirements of section 103F.231, subdivisions 3 and 4. Local governments 
41.19 	must not issue building or sewage permits for unsuitable lots.
41.20 	(b) Subdivisions must conform to all other official controls adopted by local 
41.21 	governments under sections 103F.205 to 103F.237. Local governments must not approve 
41.22 	subdivisions that are designed so variances from one or more standards in official controls 
41.23 	would be needed to use the lots for their intended purpose. In areas not served by publicly 
41.24 	owned sewer and water systems, subdivisions must not be approved by local governments 
41.25 	unless domestic water supply is available and at least two standard soil absorption sewage 
41.26 	treatment sites can be provided for every lot. Lots that would require use of holding 
41.27 	tanks shall not be approved.
41.28 		Subd. 4.Minor subdivision provisions. Minor subdivisions may be allowed in 
41.29 	local controls where all of the following standards are met:
41.30 	(1) all lots created must meet the lot dimension standards in section 103F.231, 
41.31 	subdivisions 3 and 4; and
41.32 	(2) a certificate of survey may be used for the division of a lot where:
41.33 	(i) the subdivision of land is into tracts larger than five acres in area;
41.34 	(ii) the subdivision of a lot is for the purpose of attachment to contiguous lots where 
41.35 	no lots five acres or less in area are left unattached;
42.1 	(iii) conveyances to a governmental unit or public utility for the purpose of roads, 
42.2 	streets residual, substations, poles, towers, and other similar uses;
42.3 	(iv) any division of a tract of land involving the sale or exchange of parcels between 
42.4 	adjoining owners, where the division does not create additional building sites or create 
42.5 	nonconformity or where the division creates more conformity; and
42.6 	(v) any parcel of land that has been previously subdivided according to this section 
42.7 	and that is proposed to be further subdivided must be platted and, whenever possible, 
42.8 	include the parcels previously divided.
42.9 		Subd. 5.Conventional subdivision provisions. Where a local government allows 
42.10 	new conventional subdivision developments, they shall only be permitted as a conditional 
42.11 	use. Conventional subdivisions shall not be allowed on special protection lakes. Local 
42.12 	governments shall require as a condition of issuance of any conventional subdivision 
42.13 	conditional use permit the following:
42.14 	(1) lot sizes shall be at least double the lot sizes allowed in section 103F.231, 
42.15 	subdivision 3;
42.16 	(2) lot widths shall be at least one and one-half the lot widths allowed in section 
42.17 	103F.231, subdivisions 3 and 4;
42.18 	(3) the impervious surface coverage for lots must not exceed 12 percent of lot area 
42.19 	and storm water management must meet the standards in section 103F.231, subdivision 
42.20 	13; and
42.21 	(4) lots five acres or less in area that were created with the conventional subdivision 
42.22 	standards in this section may not be further subdivided.
42.23 		Subd. 6.Information requirements. Subdivision controls  must require submission 
42.24 	of adequate information to make a  determination of land suitability under subdivision 3. 
42.25 	The  information shall include at least the following:
42.26 	(1) topographic contours at ten-foot intervals or less from United States Geological 
42.27 	Survey maps or more accurate sources, showing limiting site characteristics such as 
42.28 	wetlands, bluffs, and slopes greater than 25 percent;
42.29 	(2) the surface water features required in section 505.02, subdivision 1, are shown 
42.30 	on plats,  obtained from United States Geological Survey quadrangle topographic maps 
42.31 	or more accurate sources;   
42.32 	(3) adequate soils information to determine suitability for building and on-site 
42.33 	sewage treatment capabilities for every lot from the most current existing  sources or from 
42.34 	field investigations such as soil borings, percolation tests, or other methods;
42.35 	(4) information regarding adequacy of domestic water supply; extent of anticipated 
42.36 	vegetation and topographic alterations; near-shore aquatic conditions, including depths out 
43.1 	15 feet, types of bottom sediments, and a map of aquatic vegetation showing emergent, 
43.2 	floating-leaf, and submerged plant stands; delineation of all wetlands; and proposed 
43.3 	methods for controlling storm water runoff and erosion, both  during and after construction 
43.4 	activities; and
43.5 	(5) location of 100-year flood plain areas from existing maps or data.
43.6 		Subd. 7.Dedications. If local governments require land  or easement dedications, 
43.7 	they must provide easements over  natural drainage or ponding areas for management 
43.8 	of storm water and all wetlands.

43.9 	Sec. 9. [103F.234] ACCESS LOTS AND ACCESS EASEMENTS.
43.10 		Subdivision 1.Purpose. To manage water surface crowding, to reduce fish and 
43.11 	wildlife disturbance, to prevent pollution of surface water by suspension of sediment, to 
43.12 	maintain property values, and to maintain natural characteristics of shorelands, shoreland 
43.13 	controls must regulate access to public waters.
43.14 		Subd. 2.Access lots. (a) Access lots, or parcels of land that provide access to public 
43.15 	waters for owners of riparian lots within subdivisions, may be allowed where the local 
43.16 	government determines that direct riparian access is not feasible due to the presence of 
43.17 	protected vegetation, wetlands, or other critical fish or wildlife habitat. Access lots that 
43.18 	provide riparian access for owners of nonriparian lots or parcels shall be prohibited. 
43.19 	Where allowed by local governments, access lots shall meet or exceed the standards 
43.20 	in this subdivision.
43.21 	(b) Access lots shall be governed by a covenant recorded on the title of every lot or 
43.22 	parcel of land allowed to use the access lot. These access lots shall also comply with all of 
43.23 	the dimensional standards in section 103F.231, subdivisions 3 and 4. Where more than six 
43.24 	subdivision lots are served, the width of the access lot shall be increased by 25 percent 
43.25 	for each additional subdivision lot in excess of six served.
43.26 	(c) Access lots must be jointly owned by all of those purchasers of riparian lots 
43.27 	having rights of usage of the access lot and governed by an owners association.
43.28 	(d) Access lots shall be suitable in their natural state for the intended activities. 
43.29 	All facilities shall be centralized and located in areas suitable for them. Evaluation of 
43.30 	suitability shall include, but is not limited to, consideration of land slope, water depth, 
43.31 	aquatic and shoreland vegetation, the presence of important fish and wildlife habitat, soils, 
43.32 	depth to groundwater, and other relevant factors.
43.33 	(e) Permitted activities may include watercraft launching, loading, beaching, 
43.34 	mooring, or docking areas, but shall not include residential or commercial uses. A 
43.35 	single dock and boat launching ramp may be permitted and no owner shall own an 
44.1 	individual dock. Boating facilities must be located adjacent to the deepest water available. 
44.2 	Continuous boat mooring shall be limited to one watercraft per lot served.
44.3 	(f) Covenants governing access lots shall limit the total number of vehicles allowed 
44.4 	to be parked and must require centralization of all common facilities and activities in the 
44.5 	most suitable locations on the lot to minimize topographic and vegetation alterations. All 
44.6 	parking areas, storage buildings, and other facilities must be screened by vegetation or 
44.7 	topography as much as practical from view from the public water, assuming summer, 
44.8 	leaf-on conditions. The covenants shall also specify which activities, such as swimming, 
44.9 	sunbathing, and picnicking, are allowed on the access lot. These activities shall not 
44.10 	conflict with general public use of the public water or the enjoyment of normal property 
44.11 	rights by adjacent property owners. The owners association shall enforce covenants.
44.12 	(g) Access lots shall meet or exceed the shoreland vegetation buffer standards in 
44.13 	section 103F.231, subdivision 6, and have a vegetation management plan approved by the 
44.14 	local government.
44.15 	(h) The impervious surface coverage for access lots must not exceed 12 percent 
44.16 	of lot area and storm water management must meet the standards in section 103F.231, 
44.17 	subdivision 13.
44.18 		Subd. 3.Controlled access lots. Controlled access lots, or any lot, tract, or parcel 
44.19 	of land, however designated or described, intended to be used to provide accesses to 
44.20 	public waters for owners of nonriparian lots, are prohibited.
44.21 		Subd. 4.Easement or other access. Easements to nonriparian lot owners to allow 
44.22 	access to public waters are prohibited. The use of any riparian lot, tract, or parcel of land, 
44.23 	however designated or described, other than as an access lot to provide access to public 
44.24 	waters for owners of nonriparian lots, including, but not limited to, by easement, share, 
44.25 	license, or any other legal or illegal arrangement, scheme, or plan, is prohibited. Riparian 
44.26 	land not used for purposes allowed under sections 103F.205 to 103F.237 shall not be 
44.27 	used to provide access to public waters in any circumstance, except within a subdivision 
44.28 	plat as provided in this section.

44.29 	Sec. 10. [103F.235] RESORTS.
44.30 		Subdivision 1.New resorts. (a) When a local government allows new resort 
44.31 	developments, the developments shall only be permitted as a conditional use within an 
44.32 	established land use district identified in the local government's official controls and on 
44.33 	a zoning map. Designation of such land use districts must be based on the criteria in 
44.34 	section 103F.230. The developments are not allowed on special protection and natural 
44.35 	environment lakes or shorelands and within sensitive area districts.
45.1 	(b) Local governments may allow the creation of new resorts if:
45.2 	(1) the information requirements in section 103F.236, subdivision 2, are met;
45.3 	(2) the development density evaluation steps in subdivision 5 are followed, except 
45.4 	for recreational campgrounds, each mobile home, recreational camping vehicle, or 
45.5 	camping site shall be minimally assessed 2,000 square feet as the land surface area to 
45.6 	be covered by structure;
45.7 	(3) structure setbacks and maximum height meet the standards in sections 103F.231, 
45.8 	subdivision 5, paragraph (g), and 103F.236, subdivision 3, paragraph (d);
45.9 	(4) erosion control and storm water management for developments meet the 
45.10 	standards in section 103F.231, subdivision 13. The impervious surface coverage shall 
45.11 	not exceed 25 percent within the total project area and in any tier, except for general 
45.12 	development lakes, the second and third tiers' impervious surface coverage shall not 
45.13 	exceed 35 percent, provided that the total project area impervious surface coverage does 
45.14 	not exceed 25 percent;
45.15 	(5) resorts are designed and managed such that there are no garages or storage 
45.16 	structures associated with dwelling units/sites, no vehicle parking adjoining most dwelling 
45.17 	units or limited parking adjacent to dwelling units/sites, and no other amenities that would 
45.18 	encourage long-term residential use;
45.19 	(6) if required, a marina permit has been obtained as provided under Minnesota 
45.20 	Rules, part 6115.0211; and
45.21 	(7) development meets the design criteria in section 103F.236, subdivision 5, with 
45.22 	the following exceptions:
45.23 	(i) shoreline recreation facilities follow standards in subdivision 4; and
45.24 	(ii) common open space may include commercial facilities.
45.25 		Subd. 2.Structure replacement within an existing resort. (a) Local governments 
45.26 	may allow resorts to maintain and replace their structures, without regard to available 
45.27 	density, so long as the establishment continues to operate as a resort and the standards in 
45.28 	this subdivision are met.
45.29 	(b) Structures, including lodges, shall not be replaced any closer to any Waterbury 
45.30 	or setback than the existing structure. Replacement structures must meet elevation and 
45.31 	maximum height requirements for the relevant shoreland classification. For resorts 
45.32 	established prior to the date of local adoption of these standards, structures not meeting 
45.33 	the structure setbacks in section 103F.231, subdivision 5, must only be replaced with 
45.34 	structures with the same or lesser height of building, notwithstanding clause (1). There 
45.35 	shall be no increase in structure footprint, except as follows:
46.1 	(1) an increase in the structure footprint or height of structure may be permitted to 
46.2 	minimally meet federal, state, or local dwelling standards or codes, provided there is no 
46.3 	increase in structure footprint lakeward and no increase in structure width as measured 
46.4 	parallel to shore. To "minimally meet" such standards or codes means that the replacement 
46.5 	structure does not add new architectural elements, such as more bedrooms, that the 
46.6 	original structure did not have; and 
46.7 	(2) a structure within the first tier that is moved or replaced outside the shore impact 
46.8 	zone and landward to meet the structure setback requirements to the maximum extent 
46.9 	feasible within the tier with regard to wetlands, bluffs, land below the ordinary high 
46.10 	water level of public waters, and sewage treatment systems, may be permitted a larger 
46.11 	building footprint provided it conforms with the allowable total land surface area that 
46.12 	can be covered by structures in each tier as calculated in subdivision 5. The impervious 
46.13 	surface coverage within the first tier shall not exceed 25 percent.
46.14 	(c) A specified area within the development shall be restored and maintained in a 
46.15 	natural state to the following standards:
46.16 	(1) for developments with less than 50 percent of shore impact zone currently in a 
46.17 	natural state, at least ten percent of the shore impact zone and shoreline shall be restored to 
46.18 	its natural state or, alternatively, in front of each replacement structure for its entirety, a 
46.19 	buffer strip consisting of native vegetation of trees, shrubs, or understory plants extending 
46.20 	from the shoreline landward 35 feet shall be created according to a plan approved by 
46.21 	the local government; and
46.22 	(2) for developments with at least 50 percent of the shore impact zone currently 
46.23 	in a natural state, this condition shall be preserved and maintained according to a plan 
46.24 	approved by the local government.
46.25 	(d) For resorts with 20 or more dwelling units, erosion control and storm water 
46.26 	management for the entire resort shall be designed by certified personnel in erosion 
46.27 	and sediment control using the best management practices found in the latest Pollution 
46.28 	Control Agency's storm water best management practices manual, approved by the local 
46.29 	government, and effectively implemented. For resorts with less than 20 dwelling units, 
46.30 	erosion control and storm water management plans for the entire resort shall be approved 
46.31 	by the local government and effectively implemented.
46.32 	(e) For developments that exceed or will exceed the allowable density as calculated in 
46.33 	subdivision 5, storm water runoff from the expansion structures and associated impervious 
46.34 	surfaces created shall be specifically mitigated using best management practices that 
46.35 	may include filter strips, infiltration basins, rain gardens, and other conservation designs. 
47.1 	Best management practices must be designed and installed in accordance with the latest 
47.2 	Pollution Control Agency's storm water best management practices manual.
47.3 		Subd. 3.Resort expansion. (a) Local governments may allow resorts to expand 
47.4 	so long as the establishment continues to operate as a resort and the standards in this 
47.5 	subdivision are met.
47.6 	(b) There must be available additional density as calculated in subdivision 5 and the 
47.7 	expansion must not result in exceeding the authorized density.
47.8 	(c) The impervious surface coverage shall not exceed 25 percent within the total 
47.9 	project area and in any tier, except for general development lakes, the second and third 
47.10 	tiers' impervious surface coverage shall not exceed 35 percent, provided that the total 
47.11 	project area impervious surface coverage does not exceed 25 percent.
47.12 	(d) For those resorts created after the date of local adoption of the standards in 
47.13 	sections 103F.227 to 103F.237, structure setbacks and maximum heights shall meet the 
47.14 	standards in sections 103F.231, subdivision 5, paragraph (g), and 103F.236, subdivision 3, 
47.15 	paragraph (d). For resorts established prior to the date of local adoption of the standards in 
47.16 	sections 103F.227 to 103F.237, structure setbacks and maximum heights shall meet the 
47.17 	standards in section 103F.231, subdivision 5.
47.18 	(e) Expansions shall be designed and managed such that there are no garages or 
47.19 	storage structures associated with dwelling units/sites and no other amenities that would 
47.20 	encourage long-term residential use.
47.21 	(f) On-site water supply and sewage treatment systems shall be designed and 
47.22 	installed to meet or exceed applicable standards or rules of the Department of Health and 
47.23 	the Pollution Control Agency and those in section 103F.232. Alternative on-site sewage 
47.24 	treatment systems processes, such as the use of aerobic treatment systems to prolong the 
47.25 	life of drainage fields, may be allowed if they comply with Minnesota Rules, chapter 7080.
47.26 	(g) If required, a marina permit must be obtained as provided under Minnesota 
47.27 	Rules, part 6115.0211, for the development.
47.28 	(h) For expansions to existing resorts that will result in less than 20 total dwelling 
47.29 	units and less than 15 percent impervious surface coverage in the first tier, storm water 
47.30 	runoff from the expansion structures and associated impervious surfaces created shall be 
47.31 	specifically mitigated using best management practices that may include filter strips, 
47.32 	infiltration basins, rain gardens, and other conservation designs. Best management 
47.33 	practices must be designed and installed in accordance with the latest Pollution Control 
47.34 	Agency storm water best management practices manuals.
48.1 	(i) For expansions to existing resorts that will result in less than 20 total dwelling 
48.2 	units and more than 15 percent impervious surface coverage in the first tier, the expansion 
48.3 	shall meet the following standards:
48.4 	(1) erosion control and storm water management for developments must meet the 
48.5 	standards in section 103F.231, subdivision 13; and
48.6 	(2) a specified area within the development shall be restored and maintained in a 
48.7 	natural state to the following standards:
48.8 	(i) for developments with less than 50 percent of shore impact zone currently in a 
48.9 	natural state, at least ten percent of the shore impact zone and shoreline shall be restored to 
48.10 	its natural state or, alternatively, in front of each replacement structure for its entirety, a 
48.11 	buffer strip consisting of native vegetation of trees, shrubs, or understory plants extending 
48.12 	from the shoreline landward 35 feet shall be created according to a plan approved by 
48.13 	the local government; and
48.14 	(ii) for developments with at least 50 percent of the shore impact zone currently 
48.15 	in a natural state, this condition shall be preserved and maintained according to a plan 
48.16 	approved by the local government.
48.17 	(j) For expansions to existing resorts that result in more than 20 total dwelling 
48.18 	units, the expansion shall meet the standards in subdivision 1, except for subdivision 1, 
48.19 	paragraph (b), clause (5).
48.20 		Subd. 4.Shoreline recreation facilities for resorts. Shoreline recreation facilities, 
48.21 	including, but not limited to, swimming areas, docks, watercraft mooring areas, and 
48.22 	launching ramps shall be clustered or grouped in suitable areas. Evaluation of suitability 
48.23 	must include consideration of land slope, water depth, aquatic and shoreland vegetation, 
48.24 	soils, depth to groundwater and bedrock, or other relevant factors. Boating facilities shall 
48.25 	be located adjacent to the deepest water available and avoid or minimize impacts to aquatic 
48.26 	vegetation. Continuous docking space shall only be used by transient, short-term lodgers 
48.27 	at the resort. The resort licensee may also have one dock for personal use. Launching ramp 
48.28 	facilities, including a small dock for loading and unloading equipment, may be provided 
48.29 	for use by lodgers or the public not lodged. Nonlodger vehicles shall be parked so they 
48.30 	are screened by vegetation or topography as much as practical from view from the public 
48.31 	water. All shoreline facilities must also comply with Minnesota Rules, part 6115.0210.
48.32 		Subd. 5.Resort development density evaluation steps. The density evaluation 
48.33 	steps for resort developments are as follows:
48.34 	(1) the tract of land occupied by the establishment shall be divided into tiers by 
48.35 	locating one or more lines approximately parallel to a line that identifies the ordinary high 
48.36 	water level at the following intervals, proceeding landward:

49.1	Shoreland tier dimensions (feet):
		
49.2	General development lakes - first tier (nearshore area)
	200
	
49.3	General development lakes - second tier (lakeview area)
	267
	
49.4	Recreational development lakes - first tier (nearshore area)
	267
	
49.5
49.6	Recreational development lakes - second tier (lakeview 
area)
	267
	
49.7
49.8	General and recreational development lakes - third tier 
(forestview area)
	all remaining lot area
	
49.9	Natural environment lakes - all tiers
	400
	
49.10	All river classes
	300;
	
49.11 	(2) select the appropriate ratio to determine the land surface area that can be covered 
49.12 	by structures from the following table:

49.13	Public waters classes:
		
49.14	General development lakes - first tier (nearshore area)
	0.125
	
49.15	General development lakes - second tier (lakeview area)
	0.075
	
49.16	Recreational development lakes - first tier (nearshore area)
	0.075
	
49.17
49.18	Recreational development lakes - second tier (lakeview 
area)
	0.075
	
49.19
49.20	General and recreational development lakes - third tier 
(forestview area)
	0.075
	
49.21	Natural environment lakes - all tiers
	0.038
	
49.22	All river classes
	0.038;
	
49.23 	(3) multiply the area within each tier, excluding all wetlands, bluffs, and land below 
49.24 	the ordinary high water level of public waters, by the ratio to yield the total land surface 
49.25 	area that can be covered by structures in each tier. For recreational campgrounds, each site 
49.26 	shall be minimally assessed 400 square feet as the land surface area covered;
49.27 	(4) determine whether the project is eligible for higher densities. For general and 
49.28 	recreational development lakes, higher densities allowed in the second and third tiers shall 
49.29 	be set based on exceeding design criteria in section 103F.236, subdivision 5, or on lakes 
49.30 	where over 50 percent of the shore impact zone is permanently protected in its natural 
49.31 	state. The local government may decide how much, if any, higher density to allow for 
49.32 	each tier, but must not exceed those permitted using the following alternative table:

50.1	Public waters classes:
		
50.2	General development lakes - all tiers
	0.125
	
50.3	Recreational development lakes - first tier (nearshore area)
	0.075
	
50.4	Recreational development lakes - second and third tier
	0.100; and
	
50.5 	(5) allowable densities may be transferred from any tier to any other tier further from 
50.6 	the shoreline of the lake or river, but must not be transferred to any other tier closer to 
50.7 	the shoreline.
50.8 		Subd. 6.Conversions. (a) Local governments may allow existing resorts to be 
50.9 	converted to a planned unit or residential development if all of the standards in this 
50.10 	subdivision are met.
50.11 	(b) Conversions to planned unit developments shall be evaluated using the same 
50.12 	procedures and standards in section 103F.236. All inconsistencies between existing 
50.13 	features of the development and these standards shall be identified and corrected. For 
50.14 	conversions to residential lots, all inconsistencies between existing features of the 
50.15 	development and the standards in section 103F.231 must be identified and corrected, 
50.16 	except the local government may allow deficiencies in suitable area to be addressed using 
50.17 	mitigating measures.
50.18 	(c) Dwelling units or dwelling site densities shall meet the standards in section 
50.19 	103F.236 for conversion to planned unit developments and the standards in section 
50.20 	103F.231 for conversions to residential lots.
50.21 	(d) Deficiencies involving water supply and sewage treatment, impervious coverage, 
50.22 	common open space, and shore recreation facilities shall be corrected as part of the 
50.23 	conversion.
50.24 	(e) Shore and bluff impact zone deficiencies shall be corrected as part of the 
50.25 	conversion. Where applicable, these improvements must include:
50.26 	(1) removal of extraneous buildings, docks, boat launching areas and ramps, or other 
50.27 	facilities located in shore or bluff impact zones to comply with all the standards for a 
50.28 	new residential or planned unit development, including, but not limited to, setbacks and 
50.29 	shoreland alterations and restorations; and
50.30 	(2) remedial measures to correct erosion sites and improve vegetative cover and 
50.31 	screening of buildings and other facilities as viewed from the water to meet shoreland 
50.32 	vegetation buffer standards in section 103F.231, subdivision 6.
50.33 		Subd. 7.Administration and maintenance requirements. (a) Shoreland 
50.34 	vegetation shall be preserved, restored, and maintained according to the approved 
50.35 	shoreland vegetation plan. The loss of vegetation in restoration sites shall be replaced.
51.1 	(b) Provisions for determination of the development as a resort shall be adopted in 
51.2 	local controls. Control provisions may include requirements for filing annual reports 
51.3 	detailing the use of the facility and all dwelling units, by separately breaking out personal 
51.4 	use and rental use on a dwelling unit basis, and including restrictions on personal use 
51.5 	within the establishment as an informational requirement.
51.6 	(c) No covenants or deed restrictions shall be created or modified without the 
51.7 	local government's determination that such instruments or proposed changes to such 
51.8 	instruments fully comply with the definition of a resort in section 103F.205 and the 
51.9 	requirements of section 103F.235.
51.10 	(d) Provisions that require resorts to inform investors of potential risks shall be 
51.11 	adopted in local controls. Such notice shall be deed recorded on the parcel that the resort 
51.12 	is located that dwelling units may be required to be moved or removed in compliance with 
51.13 	subdivision 6 should the resort cease to exist.
51.14 		Subd. 8.Technical review. (a) For all new resort developments and resort 
51.15 	expansions under subdivision 3, paragraph (j), a shoreland technical review shall be 
51.16 	conducted by the Department of Natural Resources. The local government shall initiate the 
51.17 	process by forwarding all necessary supporting documents and technical data, including 
51.18 	any hearing meeting minutes and local government comments on the development, to the 
51.19 	Department of Natural Resources. The local government shall notify the applicant that the 
51.20 	60-day deadline for response may be extended according to section 15.99.
51.21 	(b) Department of Natural Resources staff knowledgeable and trained to evaluate 
51.22 	runoff water quantity and quality and the functions of aquatic, riparian, and transitional 
51.23 	upland habitats shall conduct the review. The technical review process may also include 
51.24 	invitations to outside experts to help in the review. The panel shall make no findings or 
51.25 	recommendations without an on-site inspection. The review process shall make technical 
51.26 	findings and recommendations regarding runoff quantity and quality and the functions of 
51.27 	aquatic, riparian, and transitional upland habitats.
51.28 	(c) Within 30 days of county initiation, the department shall provide written 
51.29 	recommendations and advice to the local government on the project's compliance with 
51.30 	the standards in this subdivision. The local government shall consider the advice of the 
51.31 	department's technical review in its approval or denial of a plan or determination.

51.32 	Sec. 11. [103F.236] CONSERVATION SUBDIVISION AND PLANNED UNIT 
51.33 	DEVELOPMENTS.
51.34 		Subdivision 1.Scope of provisions. Local governments shall, with approval of the 
51.35 	commissioner, adopt provisions into shoreland management controls to allow conservation 
52.1 	subdivision and planned unit developments. The provisions may allow developments for 
52.2 	new projects on undeveloped land, redevelopment of previously built sites, or conversions 
52.3 	of existing buildings and land. The provisions must be consistent with standards in this 
52.4 	section. Each lot or dwelling site created through subdivision must be suitable in its 
52.5 	natural state for the proposed use with minimal alteration.
52.6 		Subd. 2.Information requirements. Local governments and developers may hold 
52.7 	discussions prior to addressing the information requirements under this subdivision, so that 
52.8 	developers have an opportunity to understand the review process and community interests. 
52.9 	Provisions for submission of adequate information by project proponents must be included 
52.10 	in official controls. The provisions must require submission of at least the following:
52.11 	(1) topographic contours at ten-foot intervals or less from United States Geological 
52.12 	Survey maps or more accurate sources, showing limiting site characteristics such as bluffs 
52.13 	and slopes greater than 25 percent;
52.14 	(2) the surface water features required in section 505.02, subdivision 1, to be shown 
52.15 	on plats, obtained from United States Geological Survey quadrangle topographic maps 
52.16 	or more accurate sources;
52.17 	(3) adequate soils information to determine suitability for building and two standard 
52.18 	on-site sewage treatment system capabilities for every lot from the most current existing 
52.19 	sources or from field investigations such as soil borings, percolation tests, or other 
52.20 	methods;
52.21 	(4) information regarding adequacy of domestic water supply; extent of anticipated 
52.22 	vegetation and topographic alterations; near-shore aquatic conditions, including depths out 
52.23 	to 15 feet, type of bottom sediments, and aquatic vegetation; and proposed methods for 
52.24 	controlling storm water runoff and erosion, both during and after construction activities;
52.25 	(5) a site plan for the project showing property boundaries, surface water features, 
52.26 	existing and proposed structures, sewage treatment systems, topographic contours at 
52.27 	ten-foot intervals or less, trees, unusual geological features, vernal pools, wetlands, 
52.28 	swimming beaches, docks and continuous mooring sites, and other lake-related 
52.29 	implements, including rafts and buoys, markers delineating swimming and bathing areas, 
52.30 	beaches, and other facilities;
52.31 	(6) documents that explain how the project is designed and will function. The 
52.32 	documents shall include all covenants, operating rules and procedures of any property 
52.33 	owners association, and easements associated with the development, a concept statement 
52.34 	describing the project and all structures, and various other drawings or plans as required 
52.35 	by the local government;
53.1 	(7) a context map showing the natural features on both the proposed development 
53.2 	site and on adjacent properties; and
53.3 	(8) for conservation easements, a statement of preliminary acceptance from a 
53.4 	qualified holder as defined in section 84C.01.
53.5 		Subd. 3.Dwelling unit or site density evaluation. (a) Proposed new or expansions 
53.6 	to existing developments must be evaluated using the procedures and standards in 
53.7 	paragraphs (b) to (d).
53.8 	(b) The project parcel must be divided into tiers by locating lines approximately 
53.9 	parallel to a line that identifies the ordinary high water level at the following intervals, 
53.10 	proceeding landward:

53.11	Shoreland tier dimensions (feet):
		
53.12	General development lakes - first tier 
	200
	
53.13	General development lakes - second tier 
	267
	
53.14	Recreational development lakes - first tier 
	267
	
53.15	Recreational development lakes - second tier 
	267
	
53.16	General and recreational development lakes - third tier 
	all remaining lot area
	
53.17	Natural environment lakes - all tiers
	400
	
53.18	Sensitive area districts (lake) - all tiers
	400
	
53.19	Special protection lakes - all tiers
	400
	
53.20	All river classes
	300.
	
53.21 	(c) The suitable area within each tier is next calculated. This area is then subjected 
53.22 	to the development density evaluation steps to arrive at an allowable number of dwelling 
53.23 	units/sites. In areas with overlapping tiers due to close proximity of public waters to each 
53.24 	other, topographic divides shall be used to determine which shoreland standard would 
53.25 	apply, and in those areas where the topographic divide can not be determined, the more 
53.26 	restrictive rules for the area shall be used.
53.27 	(d) Minimum structure setbacks must be at least:

53.28
53.29	Shoreland class:
	Ordinary high water level 
structure setback (feet)
	
53.30	Special protection
	200
	
53.31	Natural environment
	200
	
53.32	Recreational development
	150
	
54.1	General development
	120
	
54.2	Agricultural, urban, and tributary river
	100
	
54.3	Forested and transition river
	150
	
54.4	Remote river
	200

54.5	District:
		
54.6	Sensitive area district
	200.
	
54.7 		Subd. 4.Conservation subdivision and planned unit development density 
54.8 	calculation. To determine the density calculation for developments, the suitable area 
54.9 	within each tier is divided by the single residential lot size standard for the shoreland class 
54.10 	in section 103F.231, subdivisions 3 and 4. This calculation determines the maximum 
54.11 	number of dwelling units or sites authorized for each tier. Allowable densities may be 
54.12 	transferred from any tier to any other tier further from the shoreland water body or 
54.13 	watercourse, but must not be transferred to any other tier closer. Structures that straddle 
54.14 	tiers shall be rated as part of the tier closer to the ordinary high water level.
54.15 		Subd. 5.Development criteria. (a) All developments must contain at least three 
54.16 	contiguous acres of buildable area with a lot width of 400 feet.
54.17 	(b) Developments shall contain open space meeting all of the following criteria:
54.18 	(1) at least 50 percent of the total project area must be permanently preserved as 
54.19 	common open space. Common open space must include areas with physical characteristics 
54.20 	unsuitable for development in their natural state and areas containing significant historic 
54.21 	sites or unplatted cemeteries. At least 75 percent of the common open space must 
54.22 	be upland area. At least 33 percent of the common open space shall be retained in a 
54.23 	contiguous area;
54.24 	(2) the land area of all dwelling units/sites and accessory structures, the space 
54.25 	between buildings in a cluster, an area of 25 feet around each structure, all road 
54.26 	rights-of-way, and all land covered by impervious surfaces, road surfaces, parking areas, 
54.27 	or structures, shall not be included in the computation of common open space;
54.28 	(3) the development must have a shoreland vegetation buffer plan designed and 
54.29 	implemented meeting the standards in section 103F.231, subdivision 6;
54.30 	(4) open space may include outdoor recreational facilities for use by owners of the 
54.31 	dwelling units/sites, or the public;
54.32 	(5) the shore and bluff impact zones, based on structure setbacks in subdivision 
54.33 	3, paragraph (d), shall be included as common open space. New developments and 
54.34 	redevelopments of existing developments shall meet vegetation standards in section 
55.1 	103F.231, subdivision 6. No impervious surfaces are allowed within the shore impact 
55.2 	zone, except for boat launches, stairways, lifts, or landings. For conservation subdivisions, 
55.3 	there must be at least one access corridor to the shore impact zone common open space for 
55.4 	use by all members of the owners association. The width of access corridors shall exceed 
55.5 	50 feet and access corridors shall be in upland areas;
55.6 	(6) common open space shall not include commercial facilities;
55.7 	(7) the appearance of common open space areas, including topography, vegetation, 
55.8 	and allowable uses, shall be preserved by use of permanent easements, public dedication 
55.9 	and acceptance, or other equally effective and permanent means. For permanent 
55.10 	easements, a willing party for receiving easements must be declared, otherwise a party 
55.11 	may be assigned pursuant to section 375.18, subdivision 12; and 
55.12 	(8) common open space may include subsurface sewage treatment systems if the use 
55.13 	of the space is restricted to avoid adverse impacts on the systems.
55.14 	(c) Centralization and design of facilities and structures must be done according to 
55.15 	the following standards:
55.16 	(1) planned unit developments shall be connected to publicly owned water supply 
55.17 	and sewer systems, if available. On-site water supply and sewage treatment systems must 
55.18 	be centralized and designed and installed to meet or exceed applicable standards or rules 
55.19 	of the Department of Health and the Pollution Control Agency. On-site sewage treatment 
55.20 	systems must be located on the most suitable areas of the development and sufficient 
55.21 	area free of limiting factors must be provided for a replacement standard soil treatment 
55.22 	system for each sewage system;
55.23 	(2) conservation subdivisions shall be connected to publicly owned water supply 
55.24 	and sewer systems, if available. Where publicly owned water supply and sewer systems 
55.25 	are not available, conservation subdivisions shall either establish dedicated areas for 
55.26 	individual sewage treatment systems or establish centralized water supply and sewage 
55.27 	treatment systems to serve the entire subdivision;
55.28 	(3) dwelling units/sites must be clustered into one or more groups and located 
55.29 	on suitable areas of the development. The dwelling units/sites must be designed and 
55.30 	located to meet or exceed the following dimensional standards for the relevant shoreland 
55.31 	classification: elevation above the surface water features and maximum height. The site 
55.32 	design must incorporate the use of narrower rights-of-way than conventional subdivisions, 
55.33 	some single-loading streets, looped roadways versus cul-de-sacs, pervious surfaces, and 
55.34 	maximum road setbacks for house fronts and preservation of trees, unique resources, and 
55.35 	scenic vistas;
56.1 	(4) for conservation subdivisions, riparian lot standards shall meet the minimums in 
56.2 	section 103F.231, subdivisions 3 and 4, and lots shall not extend into the shore impact 
56.3 	zone. For conservation subdivisions, the nonriparian lot standards that apply are the lot 
56.4 	size and lot width standards in section 103F.231, subdivisions 3 and 4, however these are 
56.5 	maximum lot size and lot width standards for these developments, not minimum lot size 
56.6 	and lot width standards;
56.7 	(5) shore recreation facilities, including but not limited to swimming areas, docks, 
56.8 	and watercraft mooring areas and launching ramps must be clustered or grouped in 
56.9 	suitable areas. Evaluation of suitability must include consideration of land slope, water 
56.10 	depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other 
56.11 	relevant factors. Boating facilities shall be located adjacent to the deepest water available. 
56.12 	The number of spaces provided for continuous mooring or docking of watercraft shall not 
56.13 	exceed one for each authorized dwelling unit or site in the first tier. Individual docks shall 
56.14 	not be allowed. If the water body does not have a public access boat launching facility, 
56.15 	launching ramp facilities, including a small dock for loading and unloading equipment, 
56.16 	may be provided for use by occupants of dwelling units/sites located in other tiers and 
56.17 	their watercraft shall be stored outside the shore impact zone such that they are not visible 
56.18 	from the public water;
56.19 	(6) structures, parking areas, and other facilities must meet or exceed structure 
56.20 	setbacks in section 103F.231, subdivision 5, paragraph (a), and must be treated to reduce 
56.21 	visibility as viewed from public waters and adjacent shorelands by vegetation, topography, 
56.22 	increased setbacks, color, or other means acceptable to the local unit of government, 
56.23 	assuming summer, leaf-on conditions;
56.24 	(7) water-oriented accessory structures and facilities may be allowed if they meet 
56.25 	or exceed design standards under section 103F.231, subdivision 5, paragraph (h), and 
56.26 	are centralized; and 
56.27 	(8) accessory structures and facilities may be allowed if they meet or exceed 
56.28 	standards under section 103F.231, subdivision 5, paragraph (h), and are centralized.
56.29 	(d) Erosion control and storm water management for developments must meet 
56.30 	the standards in section 103F.231, subdivision 13. For planned unit developments, the 
56.31 	impervious surface coverage shall not exceed 15 percent in either the total project area or 
56.32 	the first tier. For conservation subdivisions, the impervious surface coverage for lots must 
56.33 	meet the standards in section 103F.231, subdivision 13. Erosion control and storm water 
56.34 	management shall be designed by certified personnel in erosion and sediment control 
56.35 	using the best management practices found in the latest Pollution Control Agency's 
57.1 	storm water best management practices manual, approved by the local government, and 
57.2 	effectively implemented.
57.3 	(e) Before final approval of all developments, local governments must ensure 
57.4 	adequate provisions have been developed for preservation and maintenance in perpetuity of 
57.5 	common open spaces and for the continued existence and functioning of the development 
57.6 	as a community. Local governments may assess a onetime fee for purposes of monitoring 
57.7 	and enforcing terms and conditions of any common open space governing instruments.
57.8 	(f) Deed restrictions, permanent conservation easements, public dedication and 
57.9 	acceptance, or other equally effective and permanent means must be provided to ensure 
57.10 	perpetual preservation and maintenance of common open space. For areas greater or equal 
57.11 	to ten acres, easements shall be held by a qualified unit of government, conservation 
57.12 	organization, land trust, or similar organization authorized to hold interest in real property 
57.13 	according to section 84C.01, as approved by the local government. Local units of 
57.14 	government may also hold or cohold an easement. The instruments of the easement must 
57.15 	include all of the following protections:
57.16 	(1) commercial uses are prohibited for noncommercial developments;
57.17 	(2) vegetation and topographic alterations other than to prevent personal injury or 
57.18 	property damage and for restoration efforts based on an approved shoreland vegetation 
57.19 	buffer plan are prohibited;
57.20 	(3) construction of additional buildings, impervious surfaces, or storage of vehicles 
57.21 	and other materials is prohibited;
57.22 	(4) beaching of motorized watercraft is prohibited; and
57.23 	(5) dumping, storage, processing, burning, burying, or landfill of solid or other 
57.24 	wastes is prohibited.
57.25 	(g) Shoreland vegetation shall be preserved, restored, and maintained according to 
57.26 	the approved shoreland vegetation buffer plan. The loss of vegetation shall be replaced in 
57.27 	kind.
57.28 	(h) Unless an equally effective alternative community framework is established, 
57.29 	when applicable, all residential developments shall use an owners association with the 
57.30 	following features:
57.31 	(1) membership is mandatory for each dwelling unit or site purchaser and any 
57.32 	successive purchasers;
57.33 	(2) each member must pay a pro rata share of the association's expenses and unpaid 
57.34 	assessments can become liens on units or sites;
57.35 	(3) assessments must be adjustable to accommodate changing conditions; and
58.1 	(4) the association is responsible for insurance, taxes, and maintenance of all 
58.2 	commonly owned property and facilities and it must enforce covenants, deed restrictions, 
58.3 	and easements. The association must have a land stewardship plan for common open space 
58.4 	areas greater or equal to ten acres specifically focusing on the long-term management of 
58.5 	these open space lands.
58.6 	(i) Before establishing or recording any common interest community, the developer 
58.7 	shall submit documents, including all covenants, conditions, restrictions, easements, and 
58.8 	operating rules and procedures associated with the development for review and approval 
58.9 	by the local government unit according to section 515B.1-106. Under no circumstances 
58.10 	shall covenants or deed restrictions be modified without the local government unit's 
58.11 	determination that the proposed changes fully comply with the requirements of this section.
58.12 	(j) Local governments may allow other land uses and facilities to be converted 
58.13 	to planned unit developments if:
58.14 	(1) proposed conversions are evaluated using the same procedures and standards 
58.15 	presented in this section for developments involving all new construction. Inconsistencies 
58.16 	between existing features of the development and these standards shall be identified and 
58.17 	corrected;
58.18 	(2) deficiencies involving water supply and sewage treatment, impervious coverage, 
58.19 	common open space, and shore recreation facilities are corrected as part of the conversion 
58.20 	or as specified in the conditional use permit;
58.21 	(3) shore and bluff impact zone deficiencies are corrected as part of the conversion. 
58.22 	These improvements must include, where applicable:
58.23 	(i) removal of extraneous buildings, docks, mooring sites, boat launching areas and 
58.24 	ramps, or other facilities located in shore or bluff impact zones; and
58.25 	(ii) remedial measures to correct erosion sites and improve vegetative cover and 
58.26 	screening of buildings and other facilities as viewed from the water to meet shoreland 
58.27 	vegetation buffer standards in section 103F.231, subdivision 6; and
58.28 	(4) dwelling units or dwelling site densities meet the standards in this section.

58.29 	Sec. 12. [103F.237] ADMINISTRATION.
58.30 		Subdivision 1.Administration and enforcement. Local governments must 
58.31 	provide for the administration and enforcement of their shoreland management controls 
58.32 	by establishing permit  procedures for lot creation, building construction, installation of 
58.33 	sewage  treatment systems, and grading and filling.
59.1 		Subd. 2.Variances. (a) Variances may only be granted according to chapter 394 
59.2 	or 462, as applicable. Variances may not circumvent the general purposes and intent of 
59.3 	the official controls.
59.4 	(b) Variances shall not be granted:
59.5 	(1) to allow any use that is prohibited in the zoning district in which the subject 
59.6 	property is located;
59.7 	(2) for lots created after the enactment of sections 103F.227 to 103F.237 that do not 
59.8 	meet the minimum lot dimension standards in section 103F.231, subdivisions 3 and 4, 
59.9 	except variances for lots of record may be granted provided that the standards in section 
59.10 	103F.231, subdivision 2, are met; or
59.11 	(3) to exceed the impervious surface coverage standards on lots that meet the 
59.12 	minimum lot dimension standards in section 103F.231, subdivisions 3 and 4, without 
59.13 	mitigation using best management practices that may include filter strips, infiltration 
59.14 	basins, rain gardens, and other conservation designs found in the latest Pollution Control 
59.15 	Agency's storm water best management practices manual.
59.16 	(c) Granting of variances is dependent on determination, by reason of exceptional 
59.17 	circumstances, of undue hardship. "Undue hardship" means:
59.18 	(1) the property cannot be put to a reasonable use if used under the conditions 
59.19 	allowed by the official controls;
59.20 	(2) the plight of the landowner is due to circumstances unique to the property not 
59.21 	created by the landowner; and
59.22 	(3) the variance, if granted, will not alter the essential character of the locality.
59.23 	Economic considerations alone do not constitute a hardship if a reasonable use for the 
59.24 	property exists under the terms of the ordinance.
59.25 	(d) Variances shall only be granted when they are in harmony with the intent of the 
59.26 	ordinance and they are consistent with the local government's comprehensive plan.
59.27 	(e) Conditions of issuance of any variance shall include the following:
59.28 	(1) a certificate of compliance of the septic system. The septic system must be 
59.29 	inspected and upgraded, if necessary, to meet or exceed the standards or rules of the 
59.30 	Department of Health and the Pollution Control Agency, specifically those in section 
59.31 	103F.232 and Minnesota Rules, chapter 7080, exclusive of the setback from the ordinary 
59.32 	high water level in section 103F.232, subdivision 2, paragraph (d);
59.33 	(2) the shore impact zone or restoration of the shore impact zone shall meet the 
59.34 	standards in section 103F.231, subdivision 6;
59.35 	(3) when issuance of the variance will likely alter the hydrology of the parcel or the 
59.36 	land surface covered by structures exceeds or will exceed 5,000 square feet, erosion 
60.1 	control and storm water management plans for the parcel shall be approved by the local 
60.2 	government and effectively implemented;
60.3 	(4) the impervious surface coverage shall be brought into compliance or, if not 
60.4 	possible, to the maximum extent practicable with the impervious surface coverage 
60.5 	requirements of section 103F.231, subdivision 13. For residential properties that will 
60.6 	exceed 20 percent impervious surface coverage, a properly designed storm water pollution 
60.7 	prevention plan shall be approved by the local government and effectively implemented; 
60.8 	and
60.9 	(5) other conditions to ensure compliance and to protect adjacent properties and 
60.10 	the public interest.
60.11 		Subd. 3.Conditional uses. (a) In addition to any existing  standards local 
60.12 	governments may have for reviewing conditional  uses, the following standards must 
60.13 	be incorporated into local  controls and used for reviewing conditional uses located in 
60.14 	shoreland areas:
60.15 	(1) a thorough evaluation of the topographic,  vegetation, and soils conditions on 
60.16 	the site to ensure:
60.17 	(i) prevention of soil erosion or other possible  pollution of public waters, both 
60.18 	during and after construction;
60.19 	(ii) limiting visibility of structures and other  facilities as viewed from public waters; 
60.20 	and
60.21 	(iii) adequacy of the site for water supply and  on-site sewage treatment; and
60.22 	(2) an assessment of the types, uses, and numbers of  watercraft that the project will 
60.23 	generate in relation to the  suitability of public waters to safely accommodate the watercraft. 
60.24 	(b) Conditions of issuance of any conditional use permit shall include the following:
60.25 	(1) the septic system must be inspected and upgraded, if necessary, to meet or exceed 
60.26 	the standards or rules of the Department of Health and the Pollution Control Agency, 
60.27 	specifically those in section 103F.232 and Minnesota Rules, chapter 7080, exclusive 
60.28 	of the setback from the ordinary high water level in section 103F.232, subdivision 2, 
60.29 	paragraph (d);
60.30 	(2) the shore impact zone or restoration of the shore impact zone shall meet the 
60.31 	standards in section 103F.231, subdivision 6;
60.32 	(3) when issuance of the conditional use permit will alter the hydrology of the 
60.33 	parcel, erosion control and storm water management plans for the parcel shall be approved 
60.34 	by the local government and effectively implemented; and
60.35 	(4) the impervious surface coverage shall be brought into compliance or, if not 
60.36 	possible, to the maximum extent practicable with the impervious surface coverage 
61.1 	requirements of section 103F.231, subdivision 13. For residential properties that will 
61.2 	exceed 20 percent impervious surface coverage, a properly designed storm water pollution 
61.3 	prevention plan shall be approved by the local government and effectively implemented.
61.4 	(c) Local governments may impose other conditions when granting conditional use 
61.5 	permits that specify: increased setbacks from public waters; location, design, and use 
61.6 	requirements for watercraft launching or docking and for vehicular parking; structure or 
61.7 	other facility design, use, and location; phasing of construction; and other conditions 
61.8 	considered necessary by the local unit of government.
61.9 		Subd. 4.Nonconformities. (a) Local governments must require upgrading or 
61.10 	replacement of any existing, on-site sewage treatment system  identified as a nonconformity 
61.11 	under a program established under section 103F.232. Systems installed according to 
61.12 	all applicable  local shoreland management standards adopted under sections 103F.201 
61.13 	to 103F.221, in effect at the time  of installation may be considered as conforming unless 
61.14 	they are  determined to be failing, except that systems using cesspools,  leaching pits, 
61.15 	seepage pits, or other deep disposal methods, or  systems with less soil treatment area 
61.16 	separation above  groundwater than required by Minnesota Rules, chapter 7080, shall be 
61.17 	considered nonconforming.
61.18 	(b) All nonconformities other than on-site sewage  treatment systems must be 
61.19 	managed according to applicable state statutes and local government official controls.
61.20 	(c) An increase in nonconformity of a structure is any change in a structure or 
61.21 	property that causes further deviation from the standards creating the nonconformity such 
61.22 	as, but not limited to, reduction in setback distance, addition of structure into the shore 
61.23 	impact or secondary shoreline buffer zones, increase in impervious surface coverage, or 
61.24 	increase in height of a structure. Property changes or structure expansions that either meet 
61.25 	the dimensional standard or that cause no further increase in the extent of nonconformance 
61.26 	of the existing structure shall not be considered an increase of nonconformity. For the 
61.27 	purpose of these standards, there is no increase in nonconformity with the setback and 
61.28 	shoreline buffer requirements if the expansion of a structure in the secondary shoreline 
61.29 	buffer zone extends landward; however, there would be an increase in nonconformity if 
61.30 	the structure expanded in width as measured parallel to the shoreline.
61.31 		Subd. 5.Shoreland management by townships. (a) Townships  may adopt 
61.32 	shoreland management controls under authority of  section 394.33, subdivision 1, if the 
61.33 	controls are not inconsistent with or less restrictive than the  controls adopted by the county 
61.34 	in which the township is located.
61.35 	(b) For the purposes of sections 103F.227 to 103F.237,  shoreland management 
61.36 	controls adopted by townships will only be  considered to be consistent with county 
62.1 	controls if they cover  the same full range of shoreland management provisions covered 
62.2 	by the county controls, contain dimensional standards at least  as restrictive as those in 
62.3 	the county controls, and do not allow  land uses in particular areas that are not allowed 
62.4 	under the county's official controls.
62.5 	(c) The township must demonstrate to the county board  that their proposed ordinance 
62.6 	and administration is at least as  restrictive as the county's prior to final adoption by the 
62.7 	township.  Townships must provide for administration and  enforcement of shoreland 
62.8 	management controls at least as  effective as county implementation.  Townships that adopt 
62.9 	adequate shoreland controls must follow all of the notification  procedures in subdivision 
62.10 	7.  After adequate shoreland management  controls are adopted by a township, property 
62.11 	owners must only  obtain necessary permits and approvals as required in the  township 
62.12 	shoreland management controls.  Property owners do not  have to obtain similar permits or 
62.13 	approvals under the county's  shoreland controls.
62.14 		Subd. 6.Joint exercise of powers. To facilitate more  logical, consistent, and 
62.15 	efficient administration of shoreland  management controls, local governments are 
62.16 	encouraged to enter  into joint powers agreements with adjacent or otherwise  similarly 
62.17 	situated local units of government to jointly  administer shoreland management controls 
62.18 	pursuant to the  procedures and authority of sections 394.32 and 471.59.
62.19 		Subd. 7.Notification procedures. (a) Copies of all notices of any public hearings 
62.20 	to  consider variances, amendments, or conditional uses under local  shoreland management 
62.21 	controls must be sent to the commissioner  or the commissioner's designated representative 
62.22 	and postmarked  at least ten days before the hearings.  Notices of hearings to  consider 
62.23 	proposed plats must include copies of the plats.
62.24 	(b) A copy of approved amendments and plats and final  decisions granting variances 
62.25 	or conditional uses under local  shoreland management controls must be sent to the 
62.26 	commissioner  or the commissioner's designated representative and postmarked  within 
62.27 	ten days of final action.
62.28 	(c) Townships with shoreland management controls  adopted under subdivision 5 
62.29 	must also provide these materials to  the zoning official of the county.
62.30 		Subd. 8.Shoreline steward program. (a) Through use of a grant program, local 
62.31 	governments, lake improvements, lake improvement districts, and lake associations are 
62.32 	encouraged to establish shoreland protection incentive programs that meet the criteria 
62.33 	in paragraphs (b) and (c).
62.34 	(b) A lake home owner should receive the good steward reward with the following 
62.35 	shoreland management standards:
63.1 	(1) a buffer zone consisting of native vegetation of trees, shrubs, understory, and 
63.2 	forbes of at least 60-foot width existed along the entire shore, except for a path less than 
63.3 	six feet, throughout the year;
63.4 	(2) no pesticides were used to treat aquatic plants;
63.5 	(3) no mechanical alteration of emergent or floating-leaf aquatic vegetation or lake 
63.6 	sediment was used;
63.7 	(4) no fertilizer was used; and
63.8 	(5) the total area occupied by waterfront accessory structures, for example, docks 
63.9 	and boat stations, was less than 750 square feet.
63.10 	(c) A resort owner should receive the good steward reward with the following 
63.11 	shoreland management standards:
63.12 	(1) at least 50 percent of the resort is permanently preserved as common open space;
63.13 	(2) vegetative coverage for over 50 percent of the shore impact zone meets or 
63.14 	exceeds the standards in section 103F.231, subdivision 6;
63.15 	(3) erosion control and storm water management meets or exceeds the standards in 
63.16 	section 103F.231, subdivision 13;
63.17 	(4) no pesticides were used to treat aquatic plants;
63.18 	(5) no mechanical alteration of emergent or floating-leaf aquatic vegetation or lake 
63.19 	sediment was used; and
63.20 	(6) no fertilizer was used.