Bluff and Steep-Slope Setbacks in Winona County, Minnesota

Why Winona County has a setback rule most counties don't need

Winona County sits in the Driftless Area's Mississippi River bluff country -- steep, dramatic terrain that most Minnesota zoning codes never have to address in detail. The county's Zoning Ordinance, adopted December 14, 2010 and effective March 15, 2011, responds to that with a dedicated Section 11.6, Steep Slopes/Bluffs, layered on top of the ordinary structure and shoreland setbacks that apply everywhere else in the county. This is not a generic hillside caution -- it is a specific, mapped zoning category with its own definitions, setback distances, and permit triggers.

What counts as a "bluff" under the ordinance

The ordinance defines a bluff as a slope that exceeds 25 percent and rises at least 25 feet above the ordinary high-water mark of an adjacent water body. That two-part test matters -- a steep but short slope, or a long but gentle one, may not legally qualify as a bluff even if it looks dramatic on a site visit. Confirm the actual measured slope percentage and vertical rise with Planning & Environmental Services or a licensed surveyor before assuming a parcel's topography does or doesn't trigger the bluff provisions; a visual impression from the road is not a substitute for the measured figures the ordinance actually uses.

The 100-foot setback, and a stricter 300-foot rule near Highway 61

Once a slope qualifies as a bluff, the baseline rule is straightforward: structures and roadways must be set back at least 100 feet from the top of the bluff. But the ordinance layers a stricter standard on top of that within one mile of the median of U.S. Highway 61 -- the corridor that runs along much of the county's river frontage. In that zone, any proposed structure within 300 feet of a bluff top requires a Conditional Use Permit rather than being permitted outright, even though the underlying 100-foot hard setback is unchanged. In practice, this means land near Highway 61 gets a wider band of extra zoning scrutiny than bluff-adjacent land elsewhere in the county, and a buyer should ask specifically whether a parcel falls inside that one-mile corridor before assuming the standard 100-foot rule is the only hurdle.

• Bluff defined as: slope over 25%, rising at least 25 feet above the ordinary high-water mark
• Baseline rule: 100-foot setback for structures and roadways from the bluff top, countywide
• Within one mile of the Highway 61 median: any structure within 300 feet of a bluff top needs a Conditional Use Permit
• Non-bluff steep slopes (18%-25%): a CUP is required for any structure or driveway, even without qualifying as a bluff

Steep slopes below the bluff threshold still need a CUP

The ordinance doesn't stop at bluffs. Land with a slope between 18 percent and 25 percent -- steep, but not steep enough to meet the bluff definition -- still requires a Conditional Use Permit for any proposed structure or driveway. This closes an obvious gap: without it, a parcel just under the 25 percent bluff threshold could otherwise be developed with no additional review at all, despite genuinely challenging grading, erosion, and access conditions. For a buyer evaluating a hillside parcel that doesn't obviously qualify as bluff land, ask Planning & Environmental Services for the measured slope before assuming it clears zoning without a CUP.

What this means for your purchase

Before buying any parcel near the Mississippi River bluffs or a steep coulee slope in Winona County, get an actual slope determination -- not a visual estimate -- from a licensed surveyor, and confirm with Planning & Environmental Services whether the parcel's most buildable area sits inside the 100-foot bluff-top setback, inside the extended 300-foot Highway 61 corridor, or on a non-bluff slope between 18 and 25 percent. Any of those conditions can mean the difference between an as-of-right building permit and a Conditional Use Permit process with public hearing requirements and no guaranteed outcome. A real estate listing's photos of a dramatic bluff-view lot are not evidence that the buildable envelope actually clears these rules -- get the zoning determination in writing before you're under contract, not after.