Wild & Scenic Rivers Legislation: Rum River Management
6105.1400 DESIGNATION OF RIVER.
That portion of the Rum River from the Ogechie Lake spillway to a line crossing the river between the center lines of Rice Street and Madison Street in the city of Anoka is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
6105.1410 STATUTORY AUTHORITY.
This designation is made by the commissioner of the Department of Natural Resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 104.31 to 104.40.
6105.1420 SCOPE.
The designation and parts 6105.1400 to 6105.1500 apply to the river and the adjacent lands as provided for in the land use district descriptions, in part 6105.1480.
6105.1430 CLASSIFICATION OF RIVER.
Classification:
A. That portion of the Rum River and adjacent lands (excluding the shoreland of Shakopee Lake), from the Ogechie Lake spillway to the river's northernmost confluence with Lake Onamia is classified wild.
B. Those portions of the Rum River and adjacent lands from the Mille Lacs CSAH 20 bridge to the Mille Lacs CSAH 9 bridge, and from the Mille Lacs CSAH 13 bridge to the T 31 N -- T 32 N line on the southern border of the Anoka County fairgrounds in the city of Anoka, are classified scenic.
C. Those portions of the Rum River and adjacent lands from the state highway 27 bridge in Onamia to the Mille Lacs CSAH 20 bridge, from the Mille Lacs CSAH 9 bridge to the Mille Lacs CSAH 13 bridge, and from the T 31 N -- T 32 N line on the southern border of the Anoka county fairgrounds in the city of Anoka to a line crossing the river between the center lines of Madison Street and Rice Street are classified recreational, in accordance with the provisions of Minnesota Statutes, section 104.33, subdivision 2, and part 6105.0060.
6105.1440 LAND USE MANAGEMENT.
Subpart 1. Adoption of land use districts. The commissioner of the Department of Natural Resources hereby adopts the wild, scenic, and recreational land use districts as identified in the land use district descriptions in part 6105.1480. The land use districts were derived in accordance with part 6105.0070, subpart 2, item B.
A. Parts 6105.0010 to 6105.0250 shall apply to all lands in the wild, scenic, and recreational land use districts, except as specified in subpart 4, item G.
B. If land is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of this management plan which applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 2. Tributaries. Parts 6105.0110, subpart 3, item B, subitem (3); 6105.0120; and 6105.0150, subpart 1 specify regulations concerning designated tributaries. Designated tributaries along the Rum River shall be:
A. Bradbury Brook;
B. Tibbetts Brook;
C. Vandell Brook;
D. Bogus Brook;
E. West Branch of Rum River;
F. Spencer Brook;
G. Green Lake Brook;
H. Stanchfield Creek;
I. Lower Stanchfield Brook;
J. Isanti Brook;
K. Seelye Brook;
L. Cedar Creek; and
M. Trott Brook.
Subp. 3. Grading and filling. The grading and filling provision, part 6105.0160, shall be enforced by local ordinance which shall require a grading and filling permit.
Subp. 4. Modifications of other rules. Certain provisions of parts 6105.0010 to 6105.0250 are modified for purposes of the management plan, as follows:
A. Because of the erosive nature of soils along much of the Rum River, part 6105.0110, subpart 3, item C is modified to read: Structures shall not be located on slopes greater than 12 percent, unless such structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this plan are complied with, and the building permit applicant can prove to the local zoning authority that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems through special construction methods.
B. Because of land forms and high groundwater levels encountered on lands adjacent to much of the Rum River and to help further the enforcement of Minnesota Department of Health and Minnesota Pollution Control Agency (PCA) standards relating to on-site sewage disposal systems, parts 6105.0120 and 6120.3400 are modified by adding a new subdivision reading: Local units of government shall require that both percolation-rate tests and soils boring tests be done on any proposed sites prior to approval of an on-site sewage disposal system installation permit. When new on-site sewage disposal system standards are officially adopted by the PCA, those standards shall take precedence over those of this program.
C. Because of land forms and high groundwater levels found along the Rum River and to further the enforcement of the sanitary provisions and the subdivision regulations, parts 6105.0140 and 6120.3500 to 6120.3800 are modified by adding the following sentence to these regulations: No plat or subdivision within the land use district shall be approved by a local unit of government until the applicant for the plat or subdivision has proven to the local zoning authority, through the methods described in item B as modified in this plan that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.
D. Because of the large number of existing plats along some sections of the Rum River, part 6105.0110, subpart 1, is clarified by replacing the final phrase, "or to the greatest extent practicable," with this clause: "except that such lots which meet or exceed 60 percent or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purpose of sale or development, if on-site sewage disposal systems can be installed so as to comply with these regulations. This provision shall also apply in urban areas.
E. Because parts 6105.0080 to 6105.0200 provides neither the necessary flexibility nor the control over the great recreational development potential of the Rum River, the table of land use district uses in part 6105.0100, subpart 3 is modified so that the uses specified in part 6105.0100, subpart 3, items A, B, C, D, F, and G are amended by adding to their descriptions the following phrase: "and approval by the commissioner of natural resources." This provision shall also apply in urban areas but shall not apply to the areas and facilities noted in part 6105.1460, subpart 4.
F. Because agricultural uses are permitted in the land use district area and because of the preexistence of agricultural buildings along most of the Rum River's adjacent lands, the maximum building height restriction contained in part 6105.0110, subpart 3, item D shall not apply to buildings used primarily for agriculture purposes.
G. Because some areas along the Rum River have been considerably developed, have or soon will have public sewer and water available, and because the Wild and Scenic Rivers Act states that management plans shall be prepared "with no unreasonable restrictions upon compatible, preexisting, economic uses of particular tracts of land ...", the following areas are exempted from the provisions of part 6105.1440, subpart 1, item A. Within the boundaries of the municipalities, at the time of designation, of Onamia, Milaca, Princeton, Cambridge, Isanti, Anoka, Saint Francis (that portion located in the S 1/2 of Section 29, T34N-R24W, west of river only; Section 32, T34N-R24W; and the N 1/2 of Section 5, T33N-R24W) and Ramsey (that portion located in the S 1/2 Section 19, T32N-R24W; and Sections 25, 36, plus the S 1/2 of Section 24, T32N-R23W). These areas shall be considered urban areas and the following regulations shall apply within the wild, scenic, or recreational land use districts of these areas, regardless of the classification of the river, as follows: parts 6105.0010 to 6105.0070; 6105.0100, subpart 3, items A, B, C, D, F, and G; and 6105.0150 (within the building setback areas required in urban areas); parts 6105.0160, subparts 1, 2, and 4; 6105.0190; 6105.0200; part 6105.0210; parts 6105.0220 to 6105.0250; part 6120.2500 (where certain terms are not defined in parts 6105.0010 to 6105.0070); parts 6120.3100 and 6120.3200; part 6120.3300, subparts 2 and 3 (For recreational development waters); part 6120.3300, subpart 4, item C; part 6120.3300, subpart 5; part 6120.3400 (For recreational development waters); parts 6120.3500 and 6120.3800; and 6120.3900, subparts 2 and 4.
Subp. 5. Bridges. The proposed bridges across the Rum River located at about Section 25, T 32 N-R 25 W and at about Sections 13 and 24, T 32 N-R 25 W (also referred to as the Anoka County Road No. 20 and No. 57 bridge proposals) and the three proposed bridge crossings for U.S. Highway No. 169 in Mille Lacs County shall be considered preexisting uses of riverside lands, because they have been included in existing long-range thoroughfare plans for the area or environmental impact statements have been finalized. However, any development of these bridges shall comply with the construction and permit requirements of parts 6105.0190 and 6105.0200. In addition, reconstruction, replacement, or upgrading of existing bridge crossings shall be considered in compliance with the policy of the management plan when the procedures of parts 6105.0190 to 6105.0200 are followed.
Subp. 6. Substandard structures. Replacement of substandard structures may be allowed, limited, or prohibited by the local ordinance.
6105.1450 LAND ACQUISITION.
Subpart 1. Priority areas. The commissioner of the Department of Natural Resources hereby adopts the fee title and scenic easement lands, as identified in the fee title descriptions and scenic easement descriptions in parts 6105.1490 and 6105.1500, as priority areas for these types of acquisition:
A. Fee title acquisition is recommended in those areas where recreational sites are needed, and to consolidate existing blocks of public ownership, as identified in the fee title descriptions in part 6105.1500.
B. Scenic easement acquisition is recommended in those areas having outstanding scenic, natural, or similar values as identified in the scenic easement descriptions in part 6105.1490.
C. Because acquisition of lands or interests in land is from willing sellers at market value, some lands recommended for scenic easement acquisition may be purchased in fee title and some lands recommended for fee title acquisition may be purchased as scenic easements. These changes from the recommended acquisition can be done only with the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional land or interests in land other than those recommended may be purchased within the land use districts to further the policies established in Minnesota Statutes, section 104.32 and the management plan.
D. Other forms of acquisition such as use easements or leases, may be substituted for the recommended acquisition or used to acquire interests in other lands within the land use districts, when such purchases further the policies of this plan and Minnesota Statutes, section 104.32.
Subp. 2. Funds for acquisition. Land or interests in land recommended to be acquired in the plan will be acquired from willing sellers when funds are available for such purposes as provided for in Minnesota Statutes, section 104.37.
Subp. 3. Land exchange. Whenever feasible, land will be exchanged in a manner prescribed by state law to acquire land in the land use districts. Land will not be exchanged, however, if such exchanges would adversely affect this or other Department of Natural Resources (DNR) management programs.
Subp. 4. Islands. All islands acquired by or transferred to the DNR shall be managed in a manner consistent with policy established in the Minnesota Wild and Scenic Rivers Act and this management plan.
6105.1460 RECREATION MANAGEMENT.
Subpart 1. Policy. As provided for in this management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the wild, scenic, and recreational river land use districts. The development of selected land- and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts, as provided for in part 6105.0210, subpart 1. A specific recreation management policy shall be the enforcement of the statutes and regulations pertaining to littering (Minnesota Statutes, section 609.68 and part 6105.0210, subpart 2) and the promotion and advertising of a carry-in, carry-out philosophy, that is, for river users to take their trash home with them.
Subp. 2. Regulated use. The recreational use of the Rum wild, scenic, and recreational river and adjacent state lands will be regulated when and where considered necessary by the commissioner to ensure that the use does not adversely affect the values which qualified the river for designation.
Subp. 3. Design specifications. As provided for in part 6105.0100, subpart 3 and the management plan, the development of public or private recreational facilities within the wild, scenic, and recreational river land use districts shall conform to the design specification guidelines shown in part 6105.0940 and the management plan.
Subp. 4. Priority areas. Priority areas for recreational development include:
A. Certain privately owned lands, which may be acquired by the DNR from willing sellers. The proposed lands and proposed uses of these lands are shown in the fee title descriptions in part 6105.1500. The exact locations of these sites may vary, depending on the availability of willing sellers, however, the total numbers of priority sites shall remain constant.
B. Certain publicly owned lands should be developed for certain recreational uses as follows: Location Recommended Governmental Unit of Site Facilities Involved T 41 N-R 26 W, Sec. 6 Portage, access, Department of rest area Transportation T 40 N-R 27 W, Sec. 26 Rest areas, access, DNR, DOT or campsite, other open Mille Lacs County space recreational uses T 38 N-R 27 W, Sec. 26 Access, portage, City of Milaca other open space recreational uses T 36 N-R 23 W, Sec. 32 Campsite, other open City of Cambridge space recreational uses T 34 N-R 24 W, Sec. 32 Access, campground, Anoka County campsite, portage, rest area and other open space recreational uses T 33 N-R 24 W, Sec. 19 Rest area, access Anoka County T 33 N-R 24 W, Sec. 31 & Campground, campsite, Anoka County T 32 N-R 24 W, Sec. 6 access, rest area and other open space recreational uses
Subp. 5. Maintenance funds. The Division of Parks and Recreation shall allocate funds for maintenance of DNR recreational facilities within the Rum River land use districts from the department's river development and maintenance account.
Subp. 6. Distribution of responsibilities. The DNR's enforcement division shall discuss with the local units of government the delineation of responsibilities for the enforcement of wild, scenic, and recreational river user regulations in part 6105.0210. The division of enforcement shall also take appropriate action, within the limits of available funding and personnel, to insure expeditious enforcement of wild, scenic, and recreational river user regulations.
Subp. 7. Snowmobiles. Snowmobile use on lands in the wild, scenic, and recreational land use district shall be allowed:
A. on private lands, only with the permission of the appropriate landowners; and
B. on public trails specifically designated for snowmobile use.
Subp. 8. Use study. The Division of Parks and Recreation of the DNR shall arrange for a recreational use study of the Rum River, when funds are appropriated for such a purpose.
Subp. 9. Recreational development. Any recreational development proposed in Mille Lacs Kathio State Park shall not be subject to the provisions of part 6105.1440, subpart 4, item E or 6105.1460, subpart 4 but shall comply with the terms of any plan approved in accordance with the Outdoor Recreation Act.
6105.1470 ADMINISTRATION OF MANAGEMENT PLAN.
Subpart 1. Mille Lacs County. Mille Lacs County shall enact or amend such ordinances and maps as necessary to:
A. establish the wild, scenic, and recreational river land use districts in Mille Lacs County according to part 6105.1430, to include the lands identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 2. Sherburne and Isanti counties. Sherburne and Isanti counties shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic river land use district in Sherburne and Isanti counties identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 3. Anoka County. Anoka County shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic and recreational river land use districts in Anoka County according to part 6105.1430, to include lands identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 4. Certain municipalities. The municipalities which are listed in part 6105.1440, subpart 4, item G as urban areas shall enact or amend such ordinances and maps as necessary to establish the land use district as identified in the land use district descriptions in part 6105.1480 and conform to the provisions required in part 6105.1440, subpart 4, item G.
Subp. 5. Saint Francis, Ramsey, and Andover. The municipalities of Saint Francis (all, except the S 1/2 of Section 29, T 34 N-R 24 W, west of river only; Section 32, T 34 N-R 24 W; and the N 1/2 of Section 5, T 33 N-R 24 W), Ramsey (all, except the S 1/2 of Section 19, T 32 N-R 24 W; and Sections 25, 36 and the S 1/2 of Section 24, T 32 N-R 23 W) and Andover shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic river land use district in each municipality according to part 6105.1430, to include lands identified in the land use district descriptions in part 6105.1480 for each; and
B. conform to the provisions of parts 6105.0010 to 6105.0250, and this management plan.
Subp. 6. More restrictive rules. Any of the involved counties or cities may retain or adopt regulations which are more restrictive than those required by this plan.
Subp. 7. Departmental assistance. The DNR shall assist local units of government in implementing parts 6105.0010 to 6105.0250 and this management plan, in accordance with the provisions of Minnesota Statutes, section 104.36.
Subp. 8. District boundaries. The DNR shall delineate the land use district boundaries on the appropriate zoning maps for the affected local units of government.
6105.1480 LAND USE DISTRICT DESCRIPTIONS STARTING FROM MILE 145.7 AT OGECHIE LAKE SPILLWAY.
6105.1490 SCENIC EASEMENT ACQUISITION STARTING AT MILE 145.7 (proposed)
6105.1500 FEE TITLE DESCRIPTIONS.(proposed)
STAT AUTH: MS s 104.35 Current as of 11/12/97