§ 152.790 LANDSCAPE ALTERATIONS.
   (A)   Removal of natural vegetation. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve shoreland aesthetics.
      (1)   Clear cutting is prohibited, except as necessary for placing public roads, utilities, structures and parking areas, which are placed in accordance with the city code.
      (2)   Natural vegetation shall be restored insofar as feasible after any construction project.
      (3)   Selective cutting of trees and underbrush is allowed as long as sufficient cover is left to make cars and structures inconspicuous when viewed from the water.
      (4)   In the CS District, a continuous tree cover is maintained, uninterrupted by large openings when selective cutting occurs under division (A)(3) above of this section.
   (B)   Grading and filling.
      (1)   Grading and filling within the Shoreland, CR and CS Districts, or any alterations of the natural topography where the slope of the land is toward a public water or watercourse leading to a public water must be approved by the Planning Commission and a permit obtained prior to the commencement of any work thereon. The permit may be granted subject to the conditions that follow.
         (a)   No more than one-third of the surface area of a lot shall be devoid of vegetative ground cover at any one time.
         (b)   Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible.
         (c)   Methods to prevent erosion and trap sediment shall be employed in accordance with Chapter 151.
         (d)   Fill shall not be placed in areas lower in elevation than the normal high water mark.
         (e)   Fill shall be stabilized according to accepted engineering standards.
         (f)   Fill shall not restrict a floodway or destroy the storage capacity of a floodplain.
         (g)   The maximum slope of the finished surface which slopes toward a public water shall be six units horizontal to one vertical.
         (h)   No grading or filling shall be permitted within 20 feet of the ordinary high water mark of a public water.
         (i)   Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the CS District.
         (j)   In the CS District, grading and filing shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities and the smallest amount of bare ground is exposed for as short a time as feasible.
         (k)   Drainage or filling in of wetlands is not allowed within the CS District.
      (2)   Any work which will change or diminish the course, current or cross-section of a public water must be approved by the Department of Natural Resources as per M.S. § 103G.245, as it may be amended from time to time, before the work is begun. Excavation on shorelands where the intended purpose is connected to a public water, such as boat slips, canals, lagoons and harbors, shall require a permit from the Planning Commission prior to commencement of construction. The permit shall be obtained only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters.
(Prior Code, § 11-82-6) (Ord. 258, passed 5-4-2006)