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MR MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT

Minneapolis Code of Ordinances tit. 20, ch. 535, art. XIII
in effect

Minneapolis Code of Ordinances § 535.1600 Authority, intent, and purpose.

535.1600. - Authority, intent, and purpose. (a) Statutory Authorization. These Mississippi River Corridor Critical Area (MRCCA) regulations are adopted pursuant to the authorization and policies contained in Minn. Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010—6106.0180, and the planning and zoning enabling legislation in Minn. Statutes, Chapter 462 and 473. (b) Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. (c) Purpose. The Mississippi River Corridor Critical Area regulations are intended to: (1) Establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River's resources and features consistent with the natural and built character of each district. (2) Identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. (3) Establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. (4) Establish design standards for private 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. (5) 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 while recognizing that they serve the public interest by providing access to the Mississippi River corridor or require locations within the river corridor and therefor require some flexibility. (6) Establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and critical area steep slopes and ensure stability of other erosion-prone areas. (7) Establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion. (8) To create standards for subdivisions and development or redevelopment of large sites that protect and enhance the natural and scenic value of the MRCCA, protect and restore biological and ecological functions of primary conservation areas, and encourage restoration of natural vegetation where restoration opportunities have been identified in the MRCCA Plan.

Minneapolis Code of Ordinances § 535.1610 General provisions and definitions.

535.1610. - General provisions and definitions. (a) Jurisdiction. The provisions of this article apply to land within the river corridor boundary as described in the State Register, volume 43, number 19, pages 508 to 519 and shown on the zoning map in section 530.800. (b) Effective date. The effective date of this article shall be January 1, 2021. Any application for development deemed complete prior to this date shall be subject to the ordinance regulating development in the Mississippi River Corridor Critical Area in effect at that time. (c) Enforcement. The zoning administrator is responsible for the administration and enforcement of this ordinance. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in section 535.1620(a). (d) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. (e) Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this article shall prevail. (f) Underlying zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. (g) Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. Access path. An area designated to provide ingress and egress to public waters. Adjacent. Having a boundary that physically touches or adjoins. Agricultural use. A use having the meaning given under Minn. Statutes, Section 40A.02. Alternative design. Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. Barge fleeting. Temporarily parking and securing barges on the river, on or off channel, while tows are assembled or broken up. Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. Bluff. A natural topographic feature having: a. A slope that rises at least twenty-five (25) feet and where the grade of the slope averages eighteen (18) percent or greater, measured over any horizontal distance of twenty-five (25) feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 535-2, Bluff and Bluff Impact Zone. Figure 535-2 Bluff and Bluff Impact Zone [image omitted; see the official code] b. A natural escarpment or cliff with a slope that rises at least ten (10) feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of seventy-five (75) degrees or greater. See Figure 535-3, Natural Escarpment Bluff and Bluff Impact Zone. Figure 535-3 Natural Escarpment Bluff and Bluff Impact Zone [image omitted; see the official code] Bluff impact zone (BIZ). A bluff and land located within twenty (20) feet of the bluff. See Figures 535-2 and 535-3. Bluffline. A line delineating the top of the bluff. More than one (1) bluffline may be encountered proceeding landward from the river. See Figures 535-2 and 535-3. Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds eighteen (18) percent and the slope below the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 535-2 and 535-3. Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds eighteen (18) percent and the slope above the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 535-2 and 535-3. Buildable area. The area of a lot or parcel upon which structures may be placed which excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high-water level of public waters, and other unbuildable areas. Building. A structure with two (2) or more outside rigid walls and a fully secured roof that is affixed to a permanent site. Certificate of compliance. A document written after a compliance inspection, certifying that the development is in compliance with applicable requirements at the time of the inspection. Commissioner. The commissioner of the Minnesota Department of Natural Resources. Conditional use. A use having the meaning given under Minn. Statutes, Chapter 462. Conservation design. A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space. Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design. Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. Developer. Having the meaning given under Minn. Statutes, Section 116G.03. Development. Having the meaning given under Minn. Statutes, Section 116G.03. Discretionary action. An action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings. Dock. Having the meaning given under Minnesota Rules, Chapter 6115. Electric power facilities. Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minn. Statutes, Chapter 216E. Essential services. Underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minn. Statutes, Section 115.01, electric power facilities or transmission services. Floodplain. Having the meaning given under Minnesota Rules Chapter 6120. Full cutoff luminaire. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir is zero (0), and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed ten (10) percent of the luminous flux (in lumens) of the lamp or lamps in the luminaire. Fully reconstruct. The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed. Fully shielded luminaire. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part. Hard-surface trail. A trail surfaced in asphalt or other hard surface, for multipurpose use, as determined by local, regional, or state agency plans. Historic property. An archaeological site, standing structure, site, district, or other property that is: (1) Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minn. Statutes, Chapter 471; (2) Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or (3) An unplatted cemetery that falls under the provisions of Minn. Statutes, Chapter 307, in consultation with the Office of the State Archaeologist. Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces. Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. Interim use. A use having the meaning given under Minn. Statutes, Chapter 462. Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances. Local government. Counties, cities, and townships. Local park agencies. The Minneapolis Park and Recreation Board and the Three Rivers Park District. Lot. Having the meaning given under Minnesota Rules Chapter 6120. Lot width. The shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 535-4, Lot Width. Figure 535-4 Lot Width [image omitted; see the official code] Luminaire. The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. Marina. Having the meaning given under Minnesota Rules Chapter 6115. Mississippi Flyway. The Mississippi Flyway is a major North American bird migration corridor for more than three hundred twenty-five (325) bird species that make the round trip each year from their breeding grounds in Canada and the northern United States to their wintering grounds along the Gulf of Mexico and in Central and South America. The Mississippi Flyway encompasses the entire MRCCA. Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor Boundary. Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in the City of Minneapolis comprehensive plan. Mooring facility. Having the meaning given under Minnesota Rules Section 6115.0170. Native plant community. A plant community that has been identified as part of the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. Natural-surface trail. A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Nonconformity. Having the meaning given under Minn. Statutes, Section 462.357. Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. Off-premises advertising signs. Those signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Ordinary high water level (OHWL). Having the meaning given under Minn. Statutes, Section 103G.005. Parcel. Having the meaning given under Minn. Statutes, Section 116G.03. Patio. A constructed hard surface located at ground level with no railings and open to the sky. Picnic shelter. A roofed structure open on all sides, accessory to a recreational use. Planned unit development. A method of land development that provides for flexibility in the use of land and the placement and size of buildings in order to better utilize the special features of sites and to obtain a higher quality of development that incorporates high levels of amenities than might otherwise occur under the strict application of zoning regulations for the users of the site, the neighborhood, or the city as a whole, and which meets public objectives for protection and preservation of natural and historic features as detailed in Chapter 550, Article VII, Planned Unit Development Standards. Plat. Having the meaning given under Minn. Statutes, Chapters 505 and 515B. Port. A water transportation complex established and operated under the jurisdiction of a port authority according to Minn. Statutes, Chapter 458. Primary conservation areas. Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. Private facilities. Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs. Professional engineer. An engineer licensed to practice in Minnesota. Public facilities. Public utilities, public transportation facilities, and public recreational facilities. Public recreation facilities. Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation. Public river corridor views. Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA Plan/chapter of the comprehensive plan. Public transportation facilities. All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. Public utilities. Electric power facilities, essential services, and transmission services. Public waters. Having the meaning given under Minn. Statutes, Section 103G.005. Readily visible. Land and development that are easily seen from the ordinary high water level of the opposite shore during summer months. Resource agency. A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. River corridor boundary. The boundary approved and adopted by the Metropolitan Council under Minn. Statutes, Section 116G.06, as approved and adopted by the legislature in Minn. Statutes, Section 116G.15, and as legally described in the State Register, volume 43, pages 508 to 518. River-dependent use. The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities. Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion. Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. Setback. A separation distance measured horizontally. Shore impact zone (SIZ). Land located between the ordinary high water level of public waters and a line parallel to it at a setback of fifty (50) percent of the required structure setback or, for agricultural use, fifty (50) feet landward of the ordinary high water level. See Figure 535-5, Shore Impact Zone. Figure 535-5 Shore Impact Zone [image omitted; see the official code] Shoreline facilities. Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships. Special purpose units of government. The University of Minnesota, the St. Paul Port Authority, watershed management organizations established under Minn. Statutes, Chapter 103B, watershed districts established under Minn. Statutes, Chapter 103D, and any other unit of government other than local government or a state or regional agency. State or regional agency. The Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota, Department of Natural Resources, Department of Transportation, Metropolitan Council and other state agencies. Steep slope, critical area. A natural topographic feature with an average slope of twelve (12) to eighteen (18) percent, measured over a horizontal distance equal to or greater than fifty (50) feet, and any slopes greater than eighteen (18) percent that are not bluffs. Storm water management facilities. Facilities for the collection, conveyance, treatment, or disposal of storm water. Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. Subdivision. Having the meaning given under Minn. Statutes, Section 462.352. Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part 7080.1100. Transmission services. a. Electric power lines, cables, pipelines, or conduits that are: 1. Used to transport power between two (2) points, as identified and defined under Minn. Statutes, Section 216E.01, subdivision 4; or 2. For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two (2) points; and b. Telecommunication lines, cables, pipelines, or conduits. Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage. Variance. Having the meaning given under Minn. Statutes, Section 462.357, subdivision 6. Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer. Water-oriented accessory structure. A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios. Water quality impact zone. Land within the shore impact zone or within fifty (50) feet of the OWHL of the river, whichever is greater, and land within fifty (50) feet of a public water, wetland, or natural drainage route. Wetland. Having the meaning given under Minn. Statutes, Section 103G.005. Wharf. Having the meaning given under Minnesota Rules, part 6115.0170.

Minneapolis Code of Ordinances § 535.1620 Administration.

535.1620. - Administration. (a) Permits. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with section 535.1690 and land alterations consistent with section 535.1700. (b) Variances. Variances to the requirements of this article may only be granted in accordance with Minn. Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA Plan. In reviewing the variance application, the planning commission or zoning board of adjustment shall make the required findings for a variance pursuant to Chapter 525, Administration and Procedures, and further shall: (1) Evaluate the impacts to these resources and, if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with section 535.1620(d); and (2) Make written findings that the variance is consistent with the purpose of this ordinance, as follows: a. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan; b. The variance is consistent with the character and management purpose of the MRCCA sub-district in which it is located; c. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; d. The variance will not negatively impact other MRCCA Plan-identified resources; and e. The variance will not negatively impact birds and other wildlife using the Mississippi Flyway through habitat loss in identified PCAs and significant vegetation stands, collision threats, or light pollution in excess of the required lighting standards of this zoning ordinance. (c) Conditional and interim use permits. All conditional and interim uses required under this ordinance must comply with Minn. Statutes, Section 462.3595 or 462.3575, as applicable, and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA Plan. In reviewing the application, the planning commission shall: (1) Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with section 535.1620(d); and (2) Make written findings that the conditional use is consistent with the purpose of this ordinance as follows: a. The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan; b. The conditional use is consistent with the character and management purpose of the MRCCA sub-district in which it is located; c. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; d. The conditional use will not negatively impact other MRCCA Plan-identified resources; and e. The conditional use permit will not negatively impact birds and other wildlife using the Mississippi Flyway through habitat loss in identified PCAs and significant vegetation stands, collision threats, or light pollution in excess of the required lighting standards of this zoning ordinance. (d) Conditions of approval. The planning commission or zoning board of adjustment shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include, but is not limited to: (1) Restoration of vegetation identified as "vegetation restoration priorities" identified in the MRCCA Plan; (2) Preservation of existing vegetation; (3) Stormwater runoff management; (4) Reducing impervious surface; (5) Increasing structure setbacks; (6) Wetland and drainage route restoration and/or preservation; (7) Increasing, enhancing, and/or connecting habitat for pollinators, birds, and other wildlife; (8) Increasing the minimum open space dedications in section 535.1710(c); (9) Techniques to minimize building bulk listed in section 535.1650(d); (10) Limiting the height of structures; (11) Modifying structure design to limit visual impacts on PRCVs; and (12) Other conservation measures. (e) Application materials. Applications for permits and discretionary actions required under this article must submit the following information unless the zoning administrator determines that the information is not needed: (1) A detailed project description; (2) Scaled maps and plans, dimensional renderings, and other materials that identify and describe: a. Primary conservation areas; b. Public river corridor views; c. Buildable area; d. Existing and proposed topography and drainage patterns; e. Proposed storm water and erosion and sediment control practices; f. Existing and proposed vegetation to be removed and established; g. Ordinary high water level, blufflines, and all required setbacks; h. Existing and proposed structures; i. Existing and proposed impervious surfaces; and j. Existing and proposed subsurface sewage treatment systems. (f) Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, consistent with Minn. Statutes, Section 462.357 subdivision 1e and Chapter 545, Article VI, Nonconforming Uses and Structures. (1) New structures erected in conformance with the setback averaging provisions of section 535.1650(e)(4) are conforming structures. (2) Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements. (3) Legal nonconforming principal structures that do not meet the setback requirements of section 535.1650 may be expanded laterally provided that: a. The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (see Figure 535-6, Expansion of Nonconforming Structure); and b. The expanded structure's scale and bulk is consistent with that of the original structure and existing surrounding development. Figure 535-6 Expansion of Nonconforming Structure [image omitted; see the official code] (g) Notifications. Amendments to this article and to the MRCCA Plan shall be submitted to the commissioner as provided in Minnesota Rules, part 6106.0070, subpart 3, Items B-I. (1) Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, and PUDs, shall be sent to the following entities at least twenty-one (21) days prior to the hearing: a. The commissioner in a format prescribed by the DNR; b. National Park Service; and c. Where proposed building heights exceed the height limit specified in section 535.1650(a) as part of a conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river. (2) Notice of final decisions for actions, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final decision. (3) Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, subpart 9, Item C. (h) Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons' property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, Chapter 1341, must: (1) Comply with sections 535.1650 to 535.1720; or (2) If sections 535.1650 to 535.1720 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and b. Upon expiration of the permit, the ramp or other facilities must be removed. (Ord. No. 2025-023, § 17, 5-15-2025)

Minneapolis Code of Ordinances § 535.1630 MRCCA Sub-Districts.

535.1630. - MRCCA Sub-Districts. (a) District description and management purpose. The MR Overlay District within the City of Minneapolis is divided into the following sub-districts: (1) Rural and Open Space (ROS). a. Description. The ROS District is characterized by rural and low-density development patterns and land uses. It includes land that is riparian or visible from the river as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the ROS District. b. Management purpose. The ROS District shall be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. (2) River Neighborhood (RN). a. Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses. b. Management purpose. The RN District shall be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district. (3) River Towns and Crossings (RTC). a. Description. The RTC District is characterized by historic downtown areas and limited nodes of intense development at specific river crossings, as well as institutional campuses that predate designation of the MRCCA, and that include taller buildings. b. Management purpose. The RTC District shall be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district. (4) Separated from River (SR). a. Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. b. Management purpose. The SR District provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district. (5) Urban Mixed (UM). a. Description. The UM District includes large areas of highly urbanized mixed-use that are a part of the urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open space. b. Management purpose. The UM District shall be managed in a manner that allows for future growth and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated storm water into the river, and providing public access to and public views of the river are priorities in the district. (6) Urban Core (UC). a. Description. The UC District includes downtown. b. Management purpose. The UC District shall be managed with the greatest flexibility to protect commercial, industrial, and other high-intensity urban uses, while minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the river. Providing public access to and public views of the river are priorities in the district. (b) MR Overlay District map. The locations and boundaries of the MR Overlay District and sub-districts established by this ordinance are shown on the Mississippi River Corridor Critical Area Overlay District map which is incorporated herein by reference. The district boundary lines are intended to follow the center lines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map.

Minneapolis Code of Ordinances § 535.1640 Special land use provisions.

535.1640. - Special land use provisions. (a) Underlying zoning. Uses within the MR Overlay District are generally determined by underlying zoning, with additional provisions for the following land uses: (1) Agricultural use. Perennial ground cover is required within fifty (50) feet of the ordinary high water level and within the bluff impact zone. (2) River-dependent uses. River-dependent uses must comply with the following design standards: a. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in section 535.1720, must meet the dimensional and performance standards in [this] article, must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation; b. Shoreline facilities must comply with Minnesota Rules, Chapter 6115 and must: 1. Be designed in a compact fashion so as to minimize the shoreline area affected; and 2. Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served. c. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements. (3) Wireless communication towers. Wireless communication towers require a conditional use permit and are subject to the following design standards: a. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MR Overlay District; b. The tower shall not be located in a bluff or shore impact zone; c. Placement of the tower shall minimize impacts on public river corridor views; and d. The tower design shall comply with the general design standards in section 535.1670(a) and the requirements of Chapter 550, Article XI, Communication Towers, Antennas, and Base Units.

Minneapolis Code of Ordinances § 535.1650 Structure height and placement and lot size.

535.1650. - Structure height and placement and lot size. (a) Structure height. Structures and facilities must comply with the following maximum height standards unless identified as exempt in section 535.1720. (1) ROS District: Thirty-five (35) feet. (2) RN District: Thirty-five (35) feet. (3) RTC District: Forty-eight (48) feet provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and bluff lines, and that structure design and placement minimizes interference with public river corridor views. (4) SR District: Height is determined by underlying built form overlay zoning, provided the allowed height is consistent with that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore. (5) UM1 District: Thirty-five (35) feet, provided tiering of structures away from the Mississippi River and from bluff lines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. (6) UM2 District: Fifty-six (56) feet, provided tiering of structures away from the Mississippi River and from bluff lines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. (7) UM3 District: Sixty-five (65) feet, provided tiering of structures away from the Mississippi River and from bluff lines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. (8) UC District: Height is determined by underlying built form overlay zoning, provided tiering of structures away from the Mississippi River and bluff lines is given priority, with lower structure heights closer to the river and blufflines, and structure design and placement minimize interference with public river corridor views. (b) Height is measured as defined by the Minneapolis Zoning Ordinance for compliance with built form overlay district requirements and also on the side of the structure facing the Mississippi River for compliance with the MRCCA sub-districts. The more restrictive requirement shall apply. For the purpose of determining a minimum required yard where such yard is based on a structure's height, the method of determining the height of a principal structure shall be identical to the method used for properties located outside of the MR Overlay District. (c) Increasing maximum height. Height increases may be requested, subject to the following provisions: (1) The maximum height requirement of accessory structures may be increased only by variance, as specified in Chapter 525, Administration and Procedures, and subject to the provisions of this chapter. (2) Except for accessory structures, where an increase in height exceeds the maximum height requirement of the built form overlay district, but not the MR Overlay District, the height may be increased as allowed in the built form overlay district, as specified in Chapter 540, Built Form Overlay Districts, up to the maximum height requirement of the MR Overlay District. (3) Except for accessory structures, where an increase in height exceeds the maximum height requirements of both the built form overlay district and MR Overlay District, the height increase is subject to both the standards for increasing maximum height in the built form overlay district, as specified in Chapter 540, Built Form Overlay Districts, and a variance of the MR Overlay District maximum height requirements in the CA-ROS and CA-RN Districts or a conditional use permit in the CA-RTC and CA-UM Districts. (4) Except for accessory structures, where an increase in maximum height exceeds the maximum height requirements of the MR Overlay District, but not the maximum height requirements of the built form overlay district, the height increase is subject to a variance of the MR Overlay District requirements in the CA-ROS and CA-RN Districts or a conditional use permit in the CA-RTC and CA-UM Districts. (5) Except for accessory structures, height increases in the CA-SR and CA-UC Districts are determined by the standards for increasing height in the underlying built form overlay districts, as specified in Chapter 540, Built Form Overlay Districts. The SH Shoreland Overlay District maximum height limits do not apply to the CA-SR and CA-UC Districts. (d) In addition to the applicable height increase requirements and findings of Chapter 540, Built Form Overlay Districts, and of section 535.1620(c), criteria for considering whether to grant a conditional use permit for structures exceeding the height limits shall include: (1) Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities. (2) Determination that the proposed structure meets the required bluff and OHWL setbacks; where a variance of the bluff or OHWL setback is requested provision of a mitigation plan that mitigates any negative impacts. (3) Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as: a. Placing the long axis of the building perpendicular to the river; b. Stepping back of portions of the facade; c. Lowering the roof pitch or use of a flat roof; d. Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green building materials; e. Narrowing the profile of upper floors of the building; or f. Increasing the setbacks of the building from the Mississippi River or blufflines; g. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and h. Opportunities for creation or enhancement of public river corridor views; and i. Compliance with Minnesota B3 Guidelines, version 3.2, Site and Water Guidelines: S.5 Animal Habitat Support. (e) Structure and impervious surface placement. (1) Structures and impervious surfaces must not be placed in the shore or bluff impact zones, unless exempted in section 535.1720. (2) Structures and facilities must comply with the following minimum OHWL setback provisions unless exempted in section 535.1720. a. ROS District: Two hundred (200) feet. b. RN District: One hundred (100) feet. c. RTC District: Seventy-five (75) feet. d. UM District: Fifty (50) feet. e. UC District: As per underlying zoning. (3) Structures and facilities must comply with the following minimum bluffline setback provisions unless exempted in section 535.1720: a. ROS District: One hundred (100) feet. b. RN District: Forty (40) feet. c. RTC District: Forty (40) feet. d. SR District: Forty (40) feet. e. UM District: Forty (40) feet. f. UC District: Forty (40) feet. (4) Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, provided that the new structure's scale and bulk riverward or bluffward of the setbacks required under sections 535.1650(d)(2) and (3) are consistent with adjoining development. See Figure 535-7, Structure Setback Averaging. Figure 535-7 Structure Setback Averaging [image omitted; see the official code] (f) Lot size and buildable area. (1) The width of lots abutting the Mississippi River in the ROS District must be at least two hundred (200) feet, unless alternative design methods are used that provide greater protection of the riparian area. (2) All new lots must have adequate buildable area to comply with the setback requirements of sections 535.1650(d)(2) and (3) without requiring variances to use the lots for their intended purpose.

Minneapolis Code of Ordinances § 535.1660 Performance standards for private facilities.

535.1660. - Performance standards for private facilities. (a) General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in sections 535.1690 and 535.1700. (b) Private roads, driveways, and parking areas. Except as provided in section 535.1720, private roads, driveways and parking areas must: (1) Be designed to take advantage of natural vegetation and topography so that they are not readily visible; (2) Comply with structure setback requirements according to section 535.1650(d); and (3) Not be placed within the bluff impact zone or shore impact zone, unless exempt under section 535.1720 and designed consistent with section 535.1670(a). (c) Private water access and viewing facilities. (1) Private access paths must be no more than: a. Eight (8) feet wide, if placed within the shore impact zone; and b. Four (4) feet wide, if placed within the bluff impact zone. (2) Private water access ramps must: a. Comply with Minnesota Rules, Chapters 6115.0210 and 6280.0250; and b. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities. (3) Design and construction of private stairways, lifts, and landings are subject to the following standards: a. Stairways and lifts must not exceed four (4) feet in width on residential lots. Stairways shall not exceed six (6) feet in width for commercial properties and residential facilities held in common; b. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings for commercial properties and residential facilities held in common shall not exceed forty-eight (48) square feet in area; c. Canopies or roofs are prohibited on stairways, lifts, or landings; d. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and e. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to clauses a.—d. above, and as provided under section 535.1620(h). (4) One (1) water-oriented accessory structure is allowed for each riparian lot or parcel less than three hundred (300) feet in width at the ordinary high water level, with one (1) additional water-oriented accessory structure allowed for each additional three hundred (300) feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and shall: a. Not exceed twelve (12) feet in height; b. Not exceed one hundred twenty (120) square feet in area; and c. Be placed a minimum of ten (10) feet from the ordinary high water level. (d) Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and bluff lines without a variance, when consistent with sections 535.1690 and 535.1700, provided that: (1) The encroachment of the deck or patio into the required setback area does not exceed fifteen (15) percent of the required structure setback; (2) The area of the deck or patio that extends into the required setback area occupies no more than twenty-five (25) percent of the total area between the required setback and the fifteen (15) percent using the formula: [required setback depth (feet) × 0.15 × lot width at setback (feet) x 0.25 = maximum total area] (3) The deck or patio does not extend into the bluff impact zone. See Figure 535-8, Deck and Patio Encroachment. Figure 535-8 Deck and Patio Encroachment [image omitted; see the official code] (e) Off-premises and directional signs. Off-premises advertising signs and billboards, including the sign face and structure, which may be viewed from the Mississippi River shall be prohibited, except a sign or billboard designated by the Heritage Preservation Commission or determined by the Heritage Preservation Commission to be a contributing feature in a historic district. Directional signs for patrons arriving at a business by watercraft must comply with the following standards: (1) They must be consistent with Minn. Statutes, Section 86B.115. (2) Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore impact zone. (3) Meet the height and size requirements of Chapter 560, Signs, or be no greater than eight (8) feet in height and thirty-two (32) square feet in surface area, whichever is less. (f) Fences. Fences between principal structures and the river are permitted, provided the following standards are met: (1) Fences are subject to height and location requirements of Chapter 550, Article X, Fences. Fences shall not exceed six (6) feet in height. (2) Fences shall not be located within the shore impact zone or bluff impact zone. (3) Fences shall not be located in the regulatory floodplain. (Ord. No. 2025-023, § 18, 5-15-2025)

Minneapolis Code of Ordinances § 535.1670 Performance standards for public facilities.

535.1670. - Performance standards for public facilities. (a) 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; (2) Comply with the structure placement and height standards in section 535.1650, except as provided in section 535.1720; (3) Be consistent with the vegetation management standards in section 535.1690 and the land alteration and storm water management standards in section 535.1700, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, 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; (5) Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish, birds, and wildlife are not spawning or nesting; and (6) During bird migration times, schedule construction, or implement mitigation measures, to minimize disturbance in primary conservation areas. (b) 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 should be considered for replanting and maintained on the right-of-way; and (3) Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, 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. (c) Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minn. Statutes, Sections 84.415 and 103G.245. (d) 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 Minn. Statutes, Chapters 216E, 216F, and 216G respectively; and (2) If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river and follow other existing rights-of-way 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, according to section 535.1640(a)(3). (e) Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in section 535.1650. Where such facilities intersect or abut two (2) or more MRCCA sub-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. (f) Public recreational facilities. Public recreational facilities must comply with the following standards: (1) Buildings and parking associated with public recreational facilities must comply with the structure placement and height standards in section 535.1650, except as provided in section 535.1720. (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 Trail Planning, Design, and Development Guidelines. a. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty (30) percent. Natural surface trails are allowed, provided they do not exceed eight (8) feet 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 Design Handbook for Recreational Boating and Fishing Facilities. (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. Sign size, height, and type shall be as regulated in the base zoning district. (6) Public stairways, lifts, and landings must be designed as provided in section 535.1660(c)(3).

Minneapolis Code of Ordinances § 535.1680 Performance standards for exterior lighting.

535.1680. - Performance standards for exterior lighting. (a) Exterior lighting standards. In addition to the lighting standards in section 550.2230 of this zoning ordinance, all exterior lighting within the MR Overlay District must comply with the following standards: (1) Luminaires must be full-cutoff or fully shielded. See Figure 535-9, Examples of Fully Shielded and Cutoff Luminaires. (2) Uplighting is not permitted. (3) For structures other than single- and two-family dwellings, and three-family dwellings architectural accent, ornamental, or decorative lighting is not permitted, unless otherwise allowed by conditional use permit. Figure 535-9 Examples of Fully Shielded and Cutoff Luminaires [image omitted; see the official code] (b) Conditional use permits and exemptions. (1) Architectural lighting, other than uplighting, of buildings and architectural accent, ornamental, or decorative lighting may be allowed by conditional use permit, provided the lighting is turned off from dusk to dawn between March 15 and May 31 and between August 15 and October 31 each year. (2) Lighting that is noncompliant with the standards of the section may be allowed by conditional use permit for public parks, athletic fields and outdoor recreation facilities serving or operated by an institutional or public use, and outdoor commercial recreation, entertainment and lodging uses, provided the lighting is related to and reasonably necessary for the operation of the use and that is turned off when the use is not in operation. (3) Lighting that is noncompliant with the standards of this section, may be allowed by the Heritage Preservation Commission for historic landmarks and districts when determined to be a contributing feature of a landmark or district. In addition, lighting of public facilities that is noncompliant with the standards of this section, may be allowed by the zoning administrator where required by federal and state historic regulations, guidelines, or environmental reviews. Were possible, lighting should be turned off from dusk to dawn between March 15 and May 31 and between August 15 and October 31 each year. (4) The following lighting is exempt from the provisions of this section: a. Publicly controlled or maintained emergency or traffic signals; b. Lighting for public monuments, statues, and bridges; c. Lighting required by federal or state laws or regulations; d. Emergency lighting; e. Flagpoles; and f. Motion-activated security lighting.

Minneapolis Code of Ordinances § 535.1690 Vegetation management.

535.1690. - Vegetation management. (a) Applicability. This section applies to: (1) Shore impact zones; (2) Areas within fifty (50) feet of a wetland or natural drainage route; (3) Bluff impact zones; (4) Areas of native plant communities; and (5) Significant existing vegetative stands identified in the MRCCA Plan. (b) Activities allowed without a vegetation permit. (1) Maintenance of existing lawns, landscaping and gardens; (2) Removal of vegetation in emergency situations as determined by the city; (3) Right-of-way maintenance for public facilities meeting the standards section 535.1670(b); (4) Agricultural activities meeting the standards of section 535.1640(a)(2); (5) Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MR Overlay District, including removal of: a. Vegetation that is dead, diseased and or infested, dying, or hazardous; b. To prevent the spread of diseases or insect pests; c. Individual trees and shrubs; and d. Invasive non-native species. (c) Activities allowed with a vegetation permit. (1) Only the following intensive vegetation clearing activities are allowed with a vegetation permit: a. Clearing of vegetation that is dead, diseased and or infested, dying, or hazardous. b. Clearing to prevent the spread of diseases or insect pests. c. Clearing to remove invasive non-native species. d. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City or Minneapolis Park and Recreation Board. e. The minimum necessary for development that is allowed with a building permit or as an exemption under section 535.1720. (2) General performance standards. The following standards must be met, in addition to a restoration plan under section 535.1690(e), in order to approve a vegetation permit: a. Development is sited to minimize removal of or disturbance to natural vegetation; b. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer; c. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views; d. Any disturbance of highly erodible soils is replanted with deep-rooted vegetation with a high stem density; e. Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time and to minimize disturbance during bird migration and nesting seasons; and f. Any other condition determined necessary to achieve the purpose of this section. (d) Prohibited activities. All other intensive vegetation clearing is prohibited. (e) Vegetation restoration plan. (1) Development of a vegetation restoration plan and reestablishment of natural vegetation is required: a. For any vegetation removal requiring a permit as identified in section 535.1690(c); b. Upon failure to comply with any provisions in this section; or c. As part of the planning process for subdivisions as provided in section 535.1710. (2) Restoration plan performance standards. The vegetation restoration plan must satisfy the application submittal requirements in section 535.1620(e), and the following: a. Vegetation must be restored in one (1) or more of the following restoration priority areas: 1. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; 2. Shoreline areas within twenty-five (25) feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass; 3. Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or 4. Other approved priority opportunity area, including priorities identified in the MRCCA Plan, if none of the above exist. b. Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines. c. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density. d. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation, and number of trees, should be similar to that removed to the greatest extent practicable. e. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed. f. Be prepared by a qualified individual including a professional ecologist, arborist, landscape architect, or person with demonstrable experience and knowledge related to vegetation management. g. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years. (3) A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied.

Minneapolis Code of Ordinances § 535.1700 Land alteration standards and stormwater treatment.

535.1700. - Land alteration standards and stormwater treatment. (a) Land alteration. (1) Within the bluff impact zone, land alteration is prohibited, except for the following which are allowed by permit: a. Erosion control consistent with a plan approved by the local government or resource agency and consistent with section 535.1700(e); b. The minimum necessary for development that is allowed as an exception under section 535.1720; and c. Repair and maintenance of existing buildings and facilities. (2) Within the water quality impact zone, land alteration that involves more than ten (10) cubic yards of material or affects an area greater than one thousand (1,000) square feet requires a permit. (b) Rock riprap, retaining walls, and other erosion control structures. (1) Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, Chapters 6115.0215, subpart 4, item E, and 6115.0216, subpart 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers, and any other permits are obtained. See Figure 535-10, Riprap Guidelines. Figure 535-10 Riprap Guidelines [image omitted; see the official code] (2) Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of section 535.1700(e) provided that: a. If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project. b. The structures are used only to correct an established erosion problem as determined by the watershed management organization. c. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem: 1. Retaining walls must not exceed five (5) feet in height and must be placed a minimum horizontal distance of ten (10) feet apart; and 2. Riprap must not exceed the height of the regulatory flood protection elevation. (3) Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration. (c) Stormwater management. (1) In the bluff impact zone, storm water management facilities are prohibited, except by permit if: a. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site; b. The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; c. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and d. Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. (2) In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in section 535.1720, or fully reconstructs existing impervious surface of more than ten thousand (10,000) square feet requires a storm water permit. Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five (5) feet wide. (3) In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. (d) Development on critical area steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on critical area steep slopes, if: (1) The development can be accomplished without increasing erosion or storm water runoff; (2) The soil types and geology are suitable for the proposed development; and (3) Vegetation is managed according to the requirements of section 535.1690. (e) Conditions of land alteration permit approval. (1) Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual; (2) Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; (3) Construction activity is phased when possible; (4) All erosion and sediment controls are installed before starting any land disturbance activity; (5) Erosion and sediment controls are maintained to ensure effective operation; (6) The proposed work is consistent with the vegetation standards in section 535.1690; and (7) Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001. (f) Compliance with other plans and programs. All development must: (1) Be consistent with Minn. Statutes, Chapter 103B, and local water management plans completed under Chapter 8410; (2) Meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420; and (3) Meet or exceed the floodplain management standards under Minnesota Rules, Chapters 6120.5000—6120.6200.

Minneapolis Code of Ordinances § 535.1710 Subdivision and land development standards.

535.1710. - Subdivision and land development standards. (a) Applicability. (1) The design standards in this section apply to subdivisions, planned unit developments and master-planned development and redevelopment of land involving five (5) or more acres for contiguous parcels that abut the Mississippi River and five (5) or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times: a. Subdivisions; b. Planned unit developments; and c. Master-planned development and redevelopment of land. (2) The following activities are exempt from the requirements of this section: a. Minor subdivisions consisting of three (3) or fewer lots; b. Minor boundary line corrections; c. Resolutions of encroachments; d. Additions to existing lots of record; and e. Placement of essential services. (b) Application materials. Project information listed in section 535.1620(e) must be submitted for all proposed developments. (c) Design standards. (1) Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area: a. CA-ROS District: Fifty (50) percent; b. CA-RN District: Twenty (20) percent; c. CA-RTC, CA-UM, and CA-UC Districts: Ten (10) percent; and d. CA-SR District: Ten (10) percent if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement. (2) If the primary conservation areas exceed the amounts specified in section 535.1710(c)(1) then protection of native plant communities and natural vegetation in riparian areas shall be prioritized. (3) If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to section 535.1690(e). (4) If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA Plan as a restoration area, vegetation must be restored in the identified areas according to section 535.1690(e) and the area must be set aside and designated as protected open space. (5) Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. (6) Land dedicated under Title 22 Article V for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement. (7) Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network. (d) Permanent protection of designated open space. (1) Designated open space areas must be protected through one (1) or more of the following methods: a. Public acquisition by a government entity for conservation purposes; b. A permanent conservation easement, as provided in Minn. Statutes, Chapter 84C; c. A deed restriction; and d. Other arrangements that achieve an equivalent degree of protection. (2) Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. (e) Alternative design standards. Alterative design standards may be considered through a planned unit development or cluster development. Individual lots in a planned unit development or cluster development are not required to meet the design standards of this section if it can be demonstrated that the overall development is in compliance with the standards and purpose of this section.

Minneapolis Code of Ordinances § 535.1720 Exemptions.

535.1720. - Exemptions. (a) Applicability. (1) Uses and activities not specifically exempted must comply with this article. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in sections 535.1690 and 535.1700. (2) Uses and activities in Table 535-1 are categorized as: a. Exempt — E. This means that the use or activity is allowed; b. Exempt if no alternative — (E). This means that the use or activity is allowed only if the zoning administrator determines that no alternatives exist; and c. Not exempt — N. This means that a use or activity is not exempt and must meet the standards of this ordinance. Table 535-1 Uses or Activities in the MR Overlay District Use or Activity | Setbacks | Height Limits | Shore Impact Zone | Bluff Impact Zone | Applicable standards with which the use or activity must comply Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries and railroad signaling towers) | N | E | N | N | Structure design and placement must minimize interference with public river corridor views. Bridges and bridge approach roadways | E | E | E | (E) | Section 535.1670 Wireless communication towers | E | E | N | N | Section 535.1640(a)(3) Chimneys, church spires, flag poles, public monuments, and mechanical stacks and equipment | N | E | N | N Historic properties and contributing properties in historic districts | E | E | E | E | Exemptions do not apply to additions or site alterations. Public utilities Electrical power facilities | E | E | E | (E) | Section 535.1670 Essential services (other than storm water facilities) | E | E | E | (E) | Section 535.1670 Storm water facilities | E | N | E | (E) | Section 535.1700 Wastewater treatment | E | N | E | N | Section 535.1670 Public transportation facilities | E | N | (E) | (E) | Section 535.1670 Public recreational facilities Monuments, flagpoles, light standards, and similar park features | E | E | (E) | (E) | Section 535.1670; within BIZ, only on slopes averaging less than thirty (30) percent. Exemptions do not apply to principal structures. Picnic shelters and other open-sided structures | E | N | (E) | N | Section 535.1670 Parking lots | (E) | N | (E) | (E) | Section 535.1670; within BIZ, only within twenty (20) feet of toe of bluff; not on face of bluff; and must not affect stability of bluff Roads and driveways | (E) | N | (E) | (E) | Section 535.1670 Natural-surfaced trails, access paths, and viewing areas | E | N | E | E | Section 535.1670 Hard-surfaced trails and viewing platforms | E | N | E | (E) | Section 535.1670; within BIZ, only on slopes averaging less than thirty (30) percent. Water access ramps | E | N | E | (E) | Section 535.1670 Public signs and kiosks for interpretive or directional purposes | E | N | E | (E) | Section 535.1670 River-dependent uses Shoreline facilities | E | N 1 | E | (E) | Section 535.1640(a)(2). Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility. Private roads and conveyance structures serving river-dependent uses | E | N 1 | E | (E) | Section 535.1640(a)(2) Private residential and commercial water access and use facilities Private roads serving three (3) or more lots | (E) | N | N | (E) | Section 535.1660; in BIZ, only on slopes averaging less than thirty (30) percent. Exemption does not apply to private roads serving fewer than three (3) lots or to private driveways and parking areas. Access paths | E | N | E | E | Section 535.1660 Water access ramps | E | N | E | N | Section 535.1660 Stairways, lifts, and landings | E | N | E | E | Section 535.1660 Water-oriented accessory structures | E | N | E | N | Section 535.1660 Patios and decks | E | N | N | N | Section 535.1660(d) Directional signs for watercraft (private) | E | N | E | N | Section 535.1660(e); exemption does not apply to off-premises advertising signs. Temporary storage of docks, boats, and other equipment during the winter months | E | N | E | N Erosion control structures, such as rock riprap and retaining walls | E | N | E | (E) | Sections 535.1700(b), (d) and (e) Flood control structures | E | N | E | (E) | Section 535.1700 ;b0; 1 River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons.
Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT20ZOCO_CH535OVDI_ARTXIIIMRMIRICOCRAROVDIFetched: 11/2/2026

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