(A) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(B) Public roads and parking areas are regulated by § 156.057 of this code.
(C) Notwithstanding divisions (A) and (B) above, a grading and filling permit will be required in order to meet the following.
(1) Within this chapter, land reclamation is the reclaiming of land by depositing or moving material so as to alter the grade. Land reclamation shall be permitted only by conditional use permit in all zoning districts. However, no conditional use permit for land reclamation shall be permitted on slopes of 18% or greater nor in any wetland. Depositing a total of more than 50 cubic yards of material per acre, either by hauling in or regrading the area shall constitute land reclamation. Land reclamation in floodplains shall be in accordance with Ch. 159 of this code. The permit shall include as a condition thereof a finished grading plan that will not adversely affect the adjacent land and as conditions thereof shall regulate the type of material permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, drainage and control of material disbursed from wind or hauling of material to or from the site and erosion control and stabilization plans for the deposited material or excavated area. All plans must be approved by the soil and water conservation service.
(2) No person, county, municipality or other political subdivision shall appropriate or use any public water, surface or underground, without first obtaining a use of public waters permit and written permission of the Commissioner of the division of waters, soils and minerals of the state’s Department of Natural Resources and all other state, county and local permits.
(3) For purposes of these regulations, public waters shall be defined in M.S. § 103G.005, subdivision 8a, and M.S. § 103G.005, subdivision 15a, as they may be amended from time to time.
(4) Public waters shall include all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural water courses, underground water resources and similar features involving directly or indirectly the use of water within the city.
(5) (a) No public water area shall be filled, partially filled, dredged, altered by grading, mining or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the state’s Department of Natural Resources and the U.S. Army Corps of Engineers, and a grading permit from the city.
(b) These grading permits shall be reviewed and approved by the Department of Natural Resources, the City Engineer, the Watershed District, the Planning Commission and the City Council.
(D) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(1) No grading or filling of any wetland is permitted.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local Soil and Water Conservation Districts and the United States Soil Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Fill or excavated material shall not be placed on steep slopes, with the exception of driveways over human-made slopes that were created by the construction of roads or related ditches, and that extend only perpendicular to the road for a horizontal distance of 30 feet or less.
(8) Fill or excavated material shall not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time.
(10) Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties, and do not cause the potential for erosion.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(12) Scenic easements on slopes greater than 18% shall be required as per Ch. 160 of this code, with the exception of driveways over human-made slopes that were created by the construction of roads or related ditches, and that extend only perpendicular to the road for a horizontal distance of 30 feet or less.
(E) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(Prior Code, § 12-407) (Ord. 11-2016, passed 10-18-2016)
Cross-reference:
Mining, see Ch. 162