(A) Permits.
(1) 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, and those grading and filling activities not exempted by § 152.132 of this chapter.
(2) A certificate of compliance, consistent with Minn. Rules Part 7082.0700, subpart 3, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.
(B) Application materials. Application for permits and other zoning applications such as variances shall be made to the Department can evaluate how the application complies with the provisions of this chapter.
(C) Certificate of zoning compliance. The Department shall issue a certificate of zoning compliance for each activity requiring a permit as specified in § 152.191 of this chapter. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 152.155 of this chapter.
(D) Variances. Variances may only be granted in accordance with M.S. § 152.153 and are subject to the following:
(1) A variance may not circumvent the general purposes and intent of this chapter; and
(2) For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. Rules Part 7082.0700, subpart 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.
(E) Conditional uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:
(1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
(2) The visibility of structures and other facilities as viewed from public waters is limited;
(3) There is adequate water supply and on-site sewage treatment; and
(4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercrafts.
(F) Mitigation.
(1) In evaluating all variance, conditional use, zoning and building permit applications, the zoning authority shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this chapter, to protect adjacent properties and the public interest:
(a) Advanced storm water runoff management treatment;
(b) Reducing impervious surfaces;
(c) Increasing setbacks from the ordinary high water level;
(d) Restoration of wetlands;
(e) Limiting vegetation removal and/or riparian vegetation restoration;
(f) Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and
(g) Other conditions the zoning authority deems necessary.
(2) In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits.
(G) Notifications to the Department of Natural Resources.
(1) All amendments to this section must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. Carver County will submit the proposed ordinance amendments to the Commissioner or the Commissioner's designated representative at least 30 days before any scheduled public hearings.
(2) All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative at least ten days before the hearings.
(3) Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(4) All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(5) Any request to change the shoreland management classification of public waters within Carver County must be sent to the Commissioner or the Commissioner's designated representative for approval and must include a resolution and supporting data as required by Minn. Rules Part 6120.3000, subpart 4.
(6) Any request to reduce the boundaries of shorelands of public waters within Carver County must be sent to the Commissioner or the Commissioner's designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.
(H) Mandatory EAW. An environmental assessment worksheet consistent with Minn. Rules Chapter 4410 must be prepared for projects meeting the thresholds of Minn. Rules Part 4410.4300, subparts 19a, 20a, 25, 27, 28, 29, and 36a.
(Ord. 97-2021, passed 7-20-21)