A. Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.
B. General Design Standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;
3. Be consistent with the vegetation management standards in Section 12-3-9 and the land alteration and storm water management standards in Section 12-3-10, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as may be amended or revised from time to time, where applicable;
4. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and
5. Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting.
6. Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting.
C. Right-of-Way Maintenance Standards. Right-of-way maintenance must comply with the following standards:
1. Vegetation currently in a natural state must be maintained to the extent feasible;
2. Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and
3. Chemical control of vegetation must be avoided when practical, but when chemical control is necessary, the chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical's use.
D. Crossings of Public Waters or Public Land. Crossings of public waters or land controlled by the Commissioner are subject to approval by the Commissioner according to Minnesota Statutes, sections 84.415 and 103G.245.
E. Public Utilities. Public utilities must comply with the following standards:
1. High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and
2. If overhead placement is necessary, utility facility crossings must minimize the visibility of the facility from the river and follow other existing right of ways as much as practicable.
3. The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color.
4. Wireless communication facilities must comply with Section 12-3-5.B.6.
F. Public Transportation Facilities. Public transportation facilities shall comply with the structure placement and height standards in Section 12-3-6. Where such facilities intersect or abut two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians;
2. Providing safe pedestrian crossings and facilities along the river corridor;
3. Providing access to the riverfront in public ownership; and
4. Allowing for use of the land between the river and the transportation facility.
G. Public Recreational Facilities. Public recreational facilities must comply with the following standards:
2. Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.
3. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in the Minnesota Department of Natural Resources' Trail Planning, Design, and Development Guidelines, as they may be amended or revised from time to time.
a. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty percent (30%). Natural surface trails are allowed, provided they do not exceed eight feet (8') in width.
b. Trails, paths, and viewing areas must be designed and constructed to minimize:
(1) Visibility from the river;
(2) Visual impacts on public river corridor views; and
(3) Disturbance to and fragmentation of primary conservation areas.
4. Public water access facilities must comply with the following requirements:
a. Watercraft access ramps must comply with Minnesota Rules, chapters 6115.0210 and 6280.0250; and
b. Facilities must be designed and constructed consistent with the standards in the Design Handbook for Recreational Boating and Fishing Facilities, as they may be amended or revised from time to time.
5. Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward.
6. Public stairways, lifts, and landings must be designed as provided in Section 12-3-7.D.3. (Ord. 568, 9-23-2021)