Receive Update on Mississippi River Corridor Critical Area (MRCCA) Rulemaking, Shoreland Regulations and Acceptable Erosion Control Measures

Purpose

The purpose of this case is to provide an update on multiple components related to shoreland regulations.

1. Update on Mississippi River Corridor Critical Area (MRCCA) Rulemaking (Minnesota Department of Natural Resources)
2. Update on Rum River Shoreland Inventory/Wild and Scenic River Overlay (Lower Rum River Watershed Management Organization)
3. Resources available to residents and the City for shoreline restoration and erosion control management (Anoka Conservation District)

Notification is not required.

Attached are several photos of recent inventories of the shoreline area for the Mississippi River and Rum River. This is a simple inventory, and does not indicate if any of the properties are in violation of existing ordinances. The intent of providing this information is to evaluate what conditions exist, and what resources our residents may need in the future. Please note that some of the photos include examples from other communities as well.

Mississippi River Corridor Critical Area (MRCCA) Rulemaking

The Minnesota DNR has been working on updates on land development regulations that apply to a 72 mile stretch of the Mississippi River from the Ramsey/Dayton border to the city of Hastings. As the City Council is aware, the State Legislature has previously directed the DNR to update State Rules for the MRCCA.

The intent of this case is not to review to proposed amendments to these existing rules, but provide a brief update on the schedule for potential implementation. The draft rules and SONAR are currently under internal review; once this is complete, the Governor has to approve before publishing the notice of intent to adopt rules. DNR hopes to publish the notice of intent and hold public hearings (likely two hearings) in early 2016. There is a review and rebuttal period following the hearings before the rules will be promulgated, estimated to be in mid 2016. Updates to local plans and ordinances will be phased over a number of years. DNR won’t likely begin notifying communities to update their plans and ordinances until early 2017 (at the earliest). Once notified, communities will have one year to complete their updates.

More information can be found online at www.cityoframsey.com/shoreland.

Rum River Shoreland Inventory/Wild and Scenic Overlay Inspections

Annually, the Lower Rum River Watershed Management Organization (WMO) tours shoreland areas of the Rum River and Mississippi River. Most recently, the WMO has been alternating years between the Rum River and the Mississippi River. Primarily, the WMO focuses on erosion issues that contribute to the degradation of water quality. The WMO also uses this opportunity to invite City staff that administers zoning code/land development regulations to review compliance with the State's Wild and Scenic River Overlay District standards.

Overall, the City notes a predominance of shoreland owners are in compliance with the overlay standards as it relates to the placement of docks, decks, and stairwells as well as vegetative management. In follow up with WMO and DNR Staff, discussion has focused on the administration of permitting of docks within the riverways. The overlay district requires that these docks be approved through the issuance of a Conditional Use Permit before the dock is placed for the very first time. This does not need to be renewed annually.

Staff did note multiple violations of size of stairways and landings leading to docks. Additionally, it is further noted that Staff was only able to observe approximately 70% of the shoreland parcels, as many of the shoreland properties along the Rum River are located along backwaters of the Rum River, making it difficult and/or time consuming to navigate by pontoon.

Financial Resources Available

The City and its residents have access to financial assistance through a variety of sources. Primarily, the City directs interested residents to the Anoka Conservation District for these types of inquiries. There are several opportunities within the following categories related to soil and water conservation:

 

1. Lakeshore Restoration or Stabilization
2. Streambank Restoration or Stabilization
3. Rain Gardens
4. Wildlife Habitat Improvement
5. Agricultural Conservation
6. Conservation Easement
7. Land Acquisition
8. Ecosystem Restoration

Many of the current resources have a significant resident match requirement, making it a barrier to many of the documented issues. In discussions with the Anoka Conservation District, it was noted that a more detailed shoreline inventory of the Mississippi River would help identify and prioritize problem areas, which would then potentially qualify these areas for additional funding sources with lowered match requirements.

The impetus of this topic is at the request of a Property Owner along the Mississippi River. This Owner has noted a potential erosion concern along the Mississippi River and is concerned about allowable design standards for stabilization. The Owner has been invited to the meeting to express his concerns.

As part of these discussion of all three topics above, the conversation regarding use of rock rip-rap for shoreline stabilization becomes a primary topic. The perception of residents often times is that rock rip-rap is not an acceptable improvement under any circumstances. However, both the Anoka Conservation District and Minnesota DNR do allow these types of improvements if it can be demonstrated that other best management practices are not a practical solution. In short, rock rip-rap is not the preferred solution and is only considered if other options are explored first.

This case is being handled as part of normal Staff duties.

Staff recommends that the City work with the Anoka Conservation District to prepare a Work Plan and cost estimate to prepare a shoreland/erosion inventory of the Mississippi River to aide in seeking financial resources for residents -AND- schedule an on-site meeting to view a potential erosion issue on the Mississippi River.

Motion to direct Staff to work with the Anoka Conservation District to prepare a Work Plan and cost estimate to prepare a shoreland/erosion inventory of the Mississippi River to aide in seeking financial resources for residents -AND- schedule an on-site meeting to view a potential erosion issue on the Mississippi River.