(a) Generally. The use, development and alteration of shore areas shall be subject to the regulations and permitting requirements of this section. The use, development and alteration of the lands lying between the shore areas and the existing waterline are subject to the regulation and control of the DNR.
(b) Shore area alteration.
(1) Removal or alteration of vegetation.
(A) No removal or alteration of
vegetation
within the shore areas shall occur without a shore area permit, except that no permit shall be required:
(i) For the removal of dead, diseased, hazardous or storm-damaged
vegetation
, or for the mowing of turf;
(ii) For the periodic pruning of woody
vegetation
up to four inches in diameter (as measured at the base) of the cut provided the roots are left intact;
(iii) For removal of exotic species, noxious weeds or other public nuisances;
(iv) For the creation of a garden located outside of the shore area impact zone;
(v) For the creation of a garden located within the shore area impact zone and more than ten feet inland from the OHWL, provided that the only
vegetation
which will be removed for the garden is lawn turf;
(vi) For removals or alterations for purposes of the construction of
backyard appurtenant structures
located more than ten feet inland from the OHWL; or
(vii) For the maintenance of existing gardens.
(B) A shore area permit for the removal or alteration of
vegetation
may be granted only for the following purposes:
(i) To construct the improvements permitted pursuant to subsections (b)(2)(C)(vii); (c); (d); (e); or (f) below; or
(ii) To create a garden located within the shore area impact zone and more than ten feet inland from the OHWL, to create an access path to the water, to create a watercraft access area, to create public park, beach and marina facilities or to provide a view to the water from the principal dwelling site.
(C) No shore area permit for the removal or alteration of
vegetation
shall be issued unless:
(i) The removal or alteration is the minimum reasonably required for the permitted activity;
(ii) The existing vegetative screening of
structures
, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is substantially maintained; and
(iii) Along rivers, existing shading of water surfaces is substantially preserved, assuming summer, leaf-on conditions.
(D) Use of fertilizers in a shore area is prohibited.
(E) No gardens shall be created within ten feet of the OHWL.
(2) Grading and filling.
(A) No grading or filling within the shore areas shall occur without issuance of a shore area permit by the city.
(B) Before any permit may be issued to grade or fill, the applicant must provide evidence that all provisions of federal, state and local law pertaining to wetlands and shore area (including, but not limited to, the Wetland Conservation Act, Watershed District regulations, United States Corps of Engineers regulations,
DNR
protected waters regulations and city floodplain, steep slope and bluff regulations) have been satisfied.
(C) All shore area permits for grading shall be subject to the following conditions:
(i) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed and is exposed for the shortest time possible;
(ii) 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;
(iii) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(iv) Altered areas must be stabilized to acceptable erosion control standards consistent with best management practices;
(v) Fill or excavated material must not be placed in a manner that creates an unstable slope;
(vi) Alterations of topography may be allowed only if accessory to uses allowed by this section and does not adversely affect adjacent or nearby properties;
(vii) Placement of natural rock rip rap, including associated grading and placement of a filter blanket, is permitted only if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the OHWL (as measured along the ground surface), and the height of the rip rap above the OHWL does not exceed three feet; and
(viii) Such other conditions as are reasonable and necessary under the circumstances.
(D) Excavations where the intended purpose is connection to a public waterbody (such as boat slips, canals, lagoons and harbors) shall not be allowed without the approval of the
DNR
.
(c) Structures.
(1) Permits. No structures shall be constructed within the shore areas without a shore area permit, except that no permit shall be required for the construction of backyard appurtenant structures located more than ten feet inland from the OHWL.
(2) Types of structures permitted.
(A) Only the following types of
structures
may be constructed in shore areas:
(i) Stairways, stairway landings and pedestrian lifts;
(ii) Watercraft landing facilities;
(iii) Watercraft lift or storage facilities;
(iv) Water-oriented accessory structures;
(v) Utility sheds;
(vi) Decks, but only to the extent that the deck is a detached, water-oriented accessory structure, or, is attached to a principal
structure
that exists on the effective date of this section and the following criteria are met:
(aa) No reasonable location exists for the deck outside of the shore area;
(bb) The deck encroachment toward the OHWL does not exceed 15% of the existing setback of the principal
structure
from the OHWL or does not encroach into the shore area impact zone, whichever is more restrictive; and
(cc) The deck is constructed primarily of wood, and is not enclosed, roofed or screened, and does not result in the creation of an impervious surface.
(vii) Backyard appurtenant structures; and
(viii) Public park, beach and marina facilities and other public improvements.
(B) Nothing herein is intended to permit private watercraft landing facilities or other private water access where such rights have been acquired by the public.
(3) Limits on number of structures.
(A) The shore area lying within any given parcel of land may contain no more than one watercraft landing facility, one watercraft lift or storage facility, and either one water-oriented accessory structure or one utility shed.
(B) Such shore area may also contain any stairways, stairway landings and pedestrian lifts reasonable and necessary for pedestrian access to the water,
backyard appurtenant structures
, and any decking which is a permitted addition to a
structure
pursuant to subsection (c)(2)(A)(vi) above.
(C) Nothing herein shall be interpreted to allow more than the one
accessory building
per residential lot otherwise permitted under the City Zoning Code.
(4) Location of structures.
(A) All water-oriented accessory structures and
backyard appurtenant structures
shall be located at least ten feet inland from the OHWL of the public waterbody, shall be located so as to minimize the impact upon existing
vegetation
, and shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(B) Utility sheds shall only be located outside of the shore area impact zone; shall be located as to minimize the impact upon existing
vegetation
, and shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(C) Stairways, stairway landings, pedestrian lifts, watercraft landing facilities and watercraft lifts or storage facilities shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(D) Fencing and walls may not be located within a floodway.
(5) Construction and design.
(A) Stairways, stairway landings and pedestrian lifts.
(i) Stairways and pedestrian lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties and planned developments where more than one lot or more than four dwelling units are served.
(ii) Landings for stairways and pedestrian lifts on residential lots must not exceed 32 square feet in area. Landings not exceeding 60 square feet may be used for commercial properties, public open-space recreational properties and planned developments where more than one lot is served.
(iii) Canopies or roofs are not allowed on stairways, stairway landings or pedestrian lifts.
(iv) Stairways, stairway landings and pedestrian lifts may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
(B) Water-oriented accessory structures, utility sheds, backyard appurtenant structures or other permitted facilities.
(i) The
structure
or facility must not exceed 12 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet; provided that
utility sheds
shall not exceed 120 square feet in area. Detached decks must not exceed eight feet above grade at any point.
(ii) The
structure
or facility must be treated to reduce visibility as viewed from the public waterbodies and adjacent shore areas by
vegetation
, topography, increased setbacks, color or other approved means, assuming summer, leaf-on conditions.
(iii) A roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(iv) The
structure
or facility must not be designed or used for human habitation, must not contain water or sewer facilities, and must not be located within a floodway.
(v) Decks shall be constructed primarily of wood and shall not be constructed so as to create an impervious surface.
(d) Roads, driveways and parking areas.
(1) No roads, driveways, parking areas or other paved areas shall be constructed within shore areas without a shore area permit.
(2) No shore area permit for the construction of such surface improvements shall be issued unless:
(A) No reasonable alternative outside of the shore area exists for location of the surface improvement, and
(B) The surface improvement design takes advantage of natural
vegetation
and topography to achieve maximum screening of view from the public waterbody, limitations on the removal or alteration of
vegetation
are met, the improvement is designed so as to minimize and control erosion to the public waterbody consistent with best management practices, and it is designed so as to minimize adverse impacts to the shore area.
(e) Water and sewage facilities.
(1) No new water wells or on-site sewage treatment systems may be constructed within shore areas without a shore area permit.
(2) No shore area permit for the construction of water wells or on-site sewage treatment systems shall be issued unless:
(A) There is no city water or sewer utility (as applicable) available to the property;
(B) There is no reasonable alternative location outside of the shore area of the property for the well or sewage treatment system (as applicable);
(C) The well or sewage treatment system (as applicable) meets all state and local standards; and
(D) The well or sewage treatment system (as applicable) is separated from the public waterbody and from sources of contamination by the distances required by Minnesota Rules parts 4725.4350 and 4725.4450.
(f) Storm water.
(1) Impervious surface coverage of the shore area of lots shall not exceed 10% of said area.
(2) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and detain storm water runoff before discharge to public waters.
(3) Development and construction must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected using methods and facilities designed and installed consistent with best management practices.
(4) When development density, topographic features and soil and
vegetation
conditions are not sufficient to adequately handle storm water runoff using natural features and
vegetation
, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage,
vegetation
and infiltration rather than buried pipes and human-made materials and facilities.
(5) When constructed facilities are used for storm water management, they must be designed and installed consistent with best management practices.
(6) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(g) Agricultural use standards.
(1) If otherwise allowed under the Zoning Code, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted in the shore area of a property if it is maintained in permanent
vegetation
or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service.
(2) Use of fertilizers in the shore area is prohibited.
(h) Shore area permits.
(1) Whenever a given activity within the shore area requires more than one shore area permit pursuant to this section, only a single shore area permit fee shall be required to be paid.
(2) The fee for a shore area permit shall be as set forth in City Code Appendix A, except that a double fee may be required by the city in instances where work or an activity has been initiated without the required permit.
(3) The obtaining of a shore area permit for a given activity shall not abrogate the need to obtain any other permits required for the activity under the city code or other federal, state or local laws.
(4) Applications for a shore area permit shall be filed with the Building and Inspection Division of the city and shall contain information necessary and relevant to the review and analysis of the application, as determined by the city. Such information may include a scaled plan showing some or all of the following:
(A) Existing and proposed contour lines with two-foot intervals and ground elevations;
(B) The OHWL;
(C) Existing
vegetation
and proposed removals;
(D) Existing and proposed improvements and utilities;
(E) Location of wells and private septic systems;
(F) Easements;
(G) Wetlands;
(H) Lot lines;
(I) Adjacent streets and right-of-way;
(J) Shore area and shore area impact zone; and
(K) Other information relevant to the application, as determined by the city.
(5) Whenever another development application (e.g. final site and building plans, planned developments) on the same project is required, both the shore area permit and development application may occur concurrently through their respective review process.
(Ord. 93-52, passed 12-20-1993; Ord. 2015-15, passed 5-18-2015; Ord. 2021-39, passed 11-29-2021)