(A) This section applies in situations where the floodway and 100-year flood elevation have been defined by the Federal Emergency Management Agency (FEMA).
(B) Regulation.
(1) Fill in the floodway. Placement of fill in the floodway shall not be allowed.
(2) Fill in the 100-year flood elevation.
(a) Placement of up to 50 cubic yards of fill below the 100-year flood elevation for the purposes of restoring or stabilizing soils, banks, or slopes shall be allowed.
(b) Placement of more than 50 cubic yards of fill below the 100-year flood elevation for the purposes of restoring or stabilizing soils, banks, or slopes or any amount of fill placed below the 100-year flood elevation for other purposes shall not be allowed unless it is shown that the proposed fill can be mitigated through provision of compensatory storage, or will not cause a net decrease in flood storage.
(c) Placement of fill for the construction of linear public projects that are necessary in order to meet state or federal safety standards or requirements shall meet the following requirements:
1. If it can be demonstrated that the fill will not cause a net decrease in flood storage, compensatory storage is not required.
2. If analysis shows that the fill will cause a net decrease in flood storage, compensatory storage must be provided per the requirements described in § 153.61(C) below.
(C) Requirements for compliance.
(1) Fill placed below the 100-year flood elevation must not hydraulically separate one area of the floodplain from another.
(2) Demonstration that the placement of fill will not cause a net decrease in storage must be provided by a professional engineer licensed in the State of Minnesota.
(3) Compensatory storage must be created prior to or concurrent with the placement of fill.
(4) Siting of compensatory storage must follow this priority order:
(a) On the same property as the affected floodplain;
(b) On properties adjacent to the affected floodplain;
(c) In the same major watershed as the affected floodplain.
(5) Meeting the requirements of this section does not constitute compliance with an existing DNR-approved local floodplain ordinance.
(Ord. 57-2005, passed 1-10-06; Am. Ord. 75-2012, passed 6-26-12; Am. Ord. 83-2016, passed 9-20-16; Am. Ord. 99-2022, passed 6-28-22)