§ 152.126 GRADING AND FILLING.
   (A)   Grading and filling activities must comply with the provisions of this section except for the construction of public roads and parking areas if consistent with § 152.118 of this chapter.
   (B)   Permit requirements. In all shoreland areas any grading, filling or alteration of the topography which is not already covered under the provisions of a building, conditional use, variance or other permit shall require the issuance of an administrative use permit pursuant to § 152.074 for the following alterations:
      (1)   The movement of more than ten cubic yards of material on slopes greater than 18% or within shore or bluff impact zones.
      (2)   The movement of more than 50 cubic yards of material outside of slopes greater than 18%, shore and bluff impact zones.
   (C)   Erosion and sediment control permit. Disturbing activities within the shoreland area may also require an erosion and sediment control permit from the Carver County Watershed Management Organization or the Minnehaha Creek Watershed District.
   (D)   Grading or filling of any wetland must meet or exceed the wetland protection standards under Minn. Rules Chapter 8420 and any other permits, reviews, or approvals by other local, state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers;
   (E)   Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by:
      (1)   Limiting the amount and time of bare ground exposure;
      (2)   Using temporary ground covers such as mulches or similar materials;
      (3)   Establishing permanent vegetation cover as soon as possible;
      (4)   Using sediment traps, vegetated buffer strips or other appropriate techniques;
      (5)   Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;
      (6)   Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;
      (7)   Fill or excavated material must not be placed in bluff impact zones;
      (8)   Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. Chapter 103G;
      (9)   Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
      (10)   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if:
         (a)   The finished slope does not exceed three feet horizontal to one-foot vertical;
         (b)   The landward extent of the riprap is within ten feet of the ordinary high water level; and
         (c)   The height of the riprap above the ordinary high water level does not exceed three feet (see Figure 10).
 
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)