§ 152.108 STATUTORY AUTHORIZATION AND POLICY.

   (A)   Statutory authorization. This subchapter is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, Minn. Rules Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 394.

   (B)   Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Carver County.

(Ord. 97-2021, passed 7-20-21)

§ 152.109 GENERAL PROVISIONS.

   (A)   Jurisdiction. The provisions of this chapter apply to the shorelands of the public water bodies as classified in § 152.111 of this chapter. Pursuant to Minn. Rules Parts 6120.2500 through 6120.3900, no lake, pond or flowage less than 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this chapter.

   (B)   Enforcement. Carver County is responsible for the administration and enforcement of this chapter. Any violation of the provision of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity listed in § 152.140 of this chapter.

   (C)   Severability. If any section, clause, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.

   (D)   Abrogation and greater restrictions. It is not intended by this subchapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail. All ordinances inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.

(Ord. 97-2021, passed 7-20-21)

§ 152.110 (RESERVED).

§ 152.111 SHORELAND CLASSIFICATION SYSTEM.

   (A)   Purpose. To ensure that shoreland development on the public waters of Carver County is regulated consistent with the classifications assigned by the Commissioner under Minn. Rules Part 6120.3300.

   (B)   The shorelands of Carver County are hereby placed into the “Shoreland Overlay District.” For the purposes of this chapter, the regulations of this section shall apply to those lands meeting the definition of shoreland and as shown on Carver County Zoning Map #2, Shoreland Districts, which are listed below.

   (C)   Lakes are classified as follows:

 

GENERAL DEVELOPMENT
Name	DNR Inventory Number	Township	Section
Waconia	10-59P	116-24	6,7,18
		116-25	1,2,10-15
Bavaria	10-19P	116-23	19,30
		116-24	24
Benton	10-69P	115-25	11,14

 

RECREATIONAL DEVELOPMENT
Name	DNR Inventory Number	Township	Section
Parley	10-42P	116-24	4,5,6,8,9
Auburn	10-44P	116-24	10,11,14,15
Wassermann (Wasserman)	10-48P	116-24	14,22,23
Piersons (Pierson)	10-53P	116-24	21,22,27,28
Burandt	10-84P	116-25	14,15,22,23
Hydes	10-88P	116-25	30,31,32

 

NATURAL ENVIRONMENT LAKES
Name			DNR Inventory Number	Section(s)
Benton Township T115, R25
Maria			10-58P (part)	36
Winkler			10-66P	4,9
Barlous (Barlow)			10-67P	5,6,7,8
Myers (Meyers)			10-68P	7,8,17,18
Rice			10-78P (part)	5,6
Gruenhagen			10-71P	19,20
			10-187P (part)	3,4
Meuwissen			10-70W	14
			10-188W (part)	5
Camden Township T116, R26
Berliner			10-103P (part)	12,13
Baylor			10-118P	22,27,28
Eagle			10-121P	27,34,35

 

NATURAL ENVIRONMENT LAKES
Name	DNR Inventory Number	Section(s)
Reich	10-43-1P (part)	6
	10-116P	21,22,28
	10-117P	22,27
	10-173W	6
	10-174W	7
Smith	10-120W	29,32
Dahlgren Township T115, R24
Aue Lake	10-28P	4,9,10
Miller Lake	10-29P	7,8
Gaystock (Gestach) Lake	10-31P	11
Maria Lake	10-58P (part)	31
	10-40W	35
	10-32W	12
Hancock Township T114, R25
Assumption Lake	10-63P	7
	10-236P	14
Hollywood Township T117, R26
Campbell	10-127P (part)	18,19
Lippert	10-104P (part)	24,25
	10-162P	13,24
Reich	43-10P (part)	31
Crookshank	10-125P	16,17
Firemen's	10-126W	31,32

 

NATURAL ENVIRONMENT LAKES
Name	DNR Inventory Number	Section(s)
Laketown Township T116, R24
Lundsten	10-43P	9
Carl Krey Lake	10-50P	15
Reitz Lake	10-52P	19,20
Marsh Lake	10-54P	26,27
Stone Lake	10-56P	3
Unnamed (Auburn Marsh)	10-49W	15,16
	10-135P	3
	10-136P	3
	10-138P	3
	10-140P	4
	10-141P	4
	10-142P	4
	10-144P (part)	6
	10-192P	9
	10-60P (part)	19,30
Turbid	10-51W	16,21
	10-143W	5,6,7
San Francisco Township T114, R24
Kelly	10-21P	14,21,22
Scott	10-22P	16,17
Hallquist	10-24P	20,21,28,29
Unnamed (Hallquist)	10-233P	29
	10-234P	29
	10-235P	29

 

NATURAL ENVIRONMENT LAKES
Name	DNR Inventory Number	Section(s)
Rapids (Rapid)	10-17P	35,31 [115-24, 115-23]
Long Lake	10-16W	6,7,1,12 [114-23, 24]
Waconia Township T116, R25
Rice	10-78P (part)	31,32
Donders	10-79P	3,4,9,10
Swan	10-82P	9,16
Patterson	10-86P	19,20,29,30
	10-187P (part)	33,34
	10-60P	24,25
Berliner	10-103P (part)	7
Root (Linder)	10-81W	8,9
	10-161P	2,3
	10-144P (part)	1
Goose	10-89P (part)	3,4,5
Rutz	10-80W	8
	10-85W	15
	10-188W (part)	32
Watertown Township T117, R25
Goose	10-89P (part)	32,33
	10-161P (part)	34,35,36
	10-144P (part)	36
	10-99P	22,26,27
Buck	10-98P	23,24,25,26
Swede	10-95P	15,21,22,23
Mud	10-94P	13,14

 

NATURAL ENVIRONMENT LAKES
Name	DNR Inventory Number	Section(s)
Oak	10-93P	10,11,14
	10-153P	11,12
Millman	10-90P	1,12
	10-146P (part)	12
Rice	10-86-32P (part)	1
	10-91P	5,6,7,8
Lippert	10-104P (part)	19,30
	10-97W	16,21
	10-160W	36
Young America Township T115, R26
Young America	10-105P	1,11,12
Barnes	10-109P	12,13
Brand	10-110P	14,15,22,23
Fredericks (Fredricks)	10-112P	22,23,26,27
Tiger	10-108P	4,8,9,10,15,16
Braunworth	10-107P	2,11

 

   (D)   Rivers and streams are classified as follows:

 

AGRICULTURE
Name	Legal Description
Crow River	T117, R25, S4, 8, 9, 17, 19, 20, 30, 31 T117, R26, S36 T116, R26, S1, 2, 10, 11, 15, 17, 18, 20, 21, 22
Minnesota River	T115, R23, S2, 3, 9, 16, 17, 20, 30, 31 T114, R23, S5, 6, 7 T114, R24, S11, 12, 14, 15, 21, 22, 28, 29, 30, 31

 

   (E)   All public rivers and streams shown on the Public Waters Inventory Map for Carver County, a copy of which is adopted by reference, not given a classification in this section shall be considered “Tributary”.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

§ 152.112 PERMITTED USES.

   Any use permitted in the underlying district as modified by any other overlay district, as per §§ 152.052, 152.070, and 152.073, with the following further restrictions:

   (A)   Feedlots shall occur only pursuant to a conditional use permit;

   (B)   The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

   (C)   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district.

   (D)   New feedlots within the Shoreland District are prohibited.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

§ 152.113 CONDITIONAL USES.

   Any use listed as a conditional use in the underlying district as modified by any other overlay districts, as per §§ 152.052, 152.075 through 152.082, and 152.097, and as further regulated below:

   (A)   A new contractor’s yard shall not be permitted within the Shoreland District.

   (B)   Feedlots subject to the following criteria:

      (1)   All criteria listed in § 152.071;

      (2)   A new animal feedlot area shall not be constructed within shoreland;

      (3)   Must be designed consistent with Minn. Rules Chapter 7020.

      (4)   An existing animal feedlot area located in shoreland may not expand to a capacity of 1,000 animal units or more or the manure produced by 1,000 animal units or more. An existing animal feedlot expanding in shoreland shall not locate any portion of the expanded animal feedlot closer to the ordinary high water mark or bluff impact zone than any existing portion of the animal feedlot.

      (5)   Old feedlots not currently in operation may resume operation consistent with M.S. § 116.0711.

   (C)   In cases where the underlying district or other overlay district provides for surface water-oriented commercial, public or semi-public uses, any of these uses which require access to or use of public waters shall be subject to the following criteria:

      (1)   The use complies with §§ 152.114 and 152.115.

      (2)   The uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

      (3)   Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. If more than six watercraft will be moored at one time, then the lot frontage required will need to be consistent with the table in § 152.034(D).

      (4)   Uses that depend on patrons arriving by watercraft may use signs in accordance with this chapter.

   (D)   One temporary manufactured home may be allowed on lots meeting or exceed the lot area and width dimensions presented in § 152.082 and must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

§ 152.114 ACCESSORY USES.

   Any use listed as an accessory use in the underlying district as modified by any other overlay district and as further regulated below:

   (A)   Water-related accessory structure under the following conditions:

      (1)   The structure is not more than 250 square feet. The structure shall be considered part of the aggregate total square footage of accessory structures permitted.

      (2)   The structure is not more than ten feet high. Detached decks shall not exceed a height of eight feet above grade.

      (3)   The structure is setback ten feet from the ordinary high water level.

      (4)   The structure is situated in a manner and is constructed of a type of material that allows it to blend in with the area.

      (5)   The structure must not be served with sewer or water.

      (6)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.

   (B)   Stairways, lifts and landings are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings require no setback if they are being used to achieve access up and down bluffs and steep slopes. Stairways, lifts and landings are subject to the following standards:

      (1)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties.

      (2)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, and public open-space recreational properties.

      (3)   Canopies or roofs are not allowed on stairways, lifts, or landings.

      (4)   Stairways, lifts, and landings 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 the control of soil erosion.

      (5)   Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.

      (6)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided these facilities meet the standards above (divisions (1) through (5)) as well as complying with the requirements of Minn. Rules Chapter 1340, as it may be amended from time to time.

   (C)   Carver County does not regulate permanent or seasonal docks or private boat ramps. The Minnesota DNR regulates and issues permits for these structures in accordance with Minn. Rules Parts 6115.0150 through 6115.0520, as they may be amended from time to time. For further information contact the Division of Waters at the Minnesota DNR.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

§ 152.115 PROHIBITED USES.

   Industrial uses are prohibited in the shoreland areas of natural environment lakes and agricultural rivers, even if the underlying zone allows for industrial use as a conditional use.

(Ord. 47, passed 7-23-02)